MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 20, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 20, 2007, at 6:00 P.M. in the 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, Assistant County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:02 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 February 5, 2007, regular meeting and closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the February 5, 2007, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Board members viewed a recommended change to closed session minutes prior to the meeting.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the February 5, 2007, closed session minutes as amended.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the February 20, 2007, agenda.
County Manager Nelson requested to add, after item # 12, Proposed Amendments to the Watauga County Animal Control Ordinance. The County Manager also requested to add under closed session, Economic Development Matters, per G. S. 143-318.11(a)(4).
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the February 20, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE WATAUGA COUNTY ORDINANCE TO REGULATE JUNKYARDS AND AUTOMOBILE GRAVEYARDS
Chairman Deal declared the public hearing open at 6:06 P.M. to allow for comment on proposed amendments to the Watauga County Ordinance to Regulate Junkyards and Automobile Graveyards.
County Manager Nelson reviewed the proposed amendments as recommended by the County Attorney.
Commissioner Moretz requested changing the word “to” to “shall” in the following sentence: “Said approval to shall be in the officer’s sole discretion.”
There was no public comment.
Chairman Deal declared the public hearing closed at 6:09 P.M.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the Watauga County Ordinance to Regulate Junkyards and Automobile Graveyards as amended including Commissioner Moretz’s correction.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE BUDGET OF COMMUNITY DEVELOPMENT BLOCK GRANT URGENT NEEDS PROGRAM GRANT #04-C-1346
Chairman Deal declared the public hearing open at 6:10 P.M. to allow for comment on a proposed budget amendment to the Community Development Block Grant Project # 04-C-1346.
Mr. Joe Furman, Planning and Inspections Director, stated that the grant was the County’s “Urgent Needs” category for housing repairs and related damages caused by storms in September, 2004. The proposed amendment was to move $3,000.00 from the rehabilitation budget line to the relocation line.
There was no public comment.
Chairman Deal declared the public hearing closed at 6:12 P.M.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to adopt the proposed budget amendment to Community Development Block Grant Project # 04-C-1346 as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
BLOWING ROCK STAGE COMPANY GRANT APPLICATION LOCAL MATCH FUNDING REQUEST
Ms. Kim Cozort Kay, representing the Blowing Rock Stage Company, presented a local match funding request in the amount of $6,500 which was to match grant funds for an arts program entitled “Learning Enriched through Arts Partnerships” (LEAP). The program intended to serve 290 children, ages kindergarten through the eight grade, and 13 teaching artists and classroom teachers. The application was to the Center for Creative Education in West Palm Beach, Florida. The Watauga County Board of Education approved endorsement participation in the project, if awarded, at their February 12, 2007, meeting.
Commissioner Cooper, seconded Vice-Chairman Winkler, moved to allocate the requested $6,500 in the FY 2008 budget for the Blowing Rock Stage Company, contingent upon the award of the grant.
VOTE: Aye-5
Nay-0
BLOWING ROCK COMMUNITY ARTS CENTER FOUNDATION (FY 2008) FUNDING REQUEST
Mr. Chip Williamson and Mr. Jeff Clark, representing the Blowing Rock Community Arts Center Foundation, reported on the Foundation’s work as it related to fundraising for the Arts Center. Mr. Clark requested $50,000 be allocated in the County’s FY 2008 budget for the Blowing Rock Community Arts Center Foundation.
Discussion on this request was tabled until the upcoming budget work sessions were held in preparation of the FY 2008 budget.
CRIMINAL JUSTICE PARTNERSHIP PROGRAM GRANT APPLICATION REQUEST
County Manager Nelson reviewed the Criminal Justice Partnership Program grant application for FY 2008. The grant request was for $60,670 which required no County match and was a pass through grant to New River Behavioral Health Care to provide treatment services for substance abusers who were referred through the court system.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the grant application as presented by the County Manager.
VOTE: Aye-5
Nay-0
TAX LIEN REPORT
Mr. Kelvin Byrd reviewed the Tax Lien Report. Mr. Byrd requested the Board accept the listing of delinquent tax bills that were liens on real property and authorize the advertisement of such liens.
Commissioner Cooper, seconded by Commissioner Moretz, moved to charge Mr. Byrd to advertise delinquent tax bills that were liens on real property.
VOTE: Aye-5
Nay-0
Mr. Byrd stated that the Homestead Exemption Sub-Committee, of which he was a member, was working on options to present to the Legislature who were considering a resident tax exemption bill.
EQUIPMENT APPLICATION REQUEST
County Manager Nelson requested approval on behalf of Emergency Management to apply for a ranger utility vehicle. The grant required no local match and the only expense for the County would be for routine maintenance and expenses should the vehicle be awarded.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize the submission of the application for the ranger utility vehicle as presented by the County Manager.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION/ECONOMIC DEVELOPMENT MATTERS
A. Out-of-State Travel Request – Mr. Joe Furman requested approval for out-of-state travel for Mr. Ronnie Greene, a County Code Enforcement Officer, to attend the International Code Council Region 8 which was to be in Gatlinburg, Tennessee, April 21-25, 2007. There was to be no expense to the County other than Mr. Greene’s time in attending the meeting.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the out-of-state travel for Mr. Ronnie Greene to attend the International Code Council Region 8 in Gatlinburg, Tennessee.
VOTE: Aye-5
Nay-0
B. Proposed Appalachian Enterprise Center Facilities Use Agreement – Mr. Furman presented the Facilities Use Agreement with the Committee of 100 for operation of the Appalachian Enterprise Center. Mr. Furman stated that the Board had previously approved this arrangement and the County Attorney drafted the proposed agreement.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Appalachian Enterprise Center Facilities Use Agreement as presented.
VOTE: Aye-5
Nay-0
C. Proposed Architectural Contract for Appalachian Enterprise Center – Mr. Furman stated that after going through the selection process for an architect for the renovations to the Appalachian Enterprise Center, only one proposal was received. Approval to enter into negotiations with the architect was granted by the North Carolina Department of Commerce. Mr. Furman recommended the contract be approved with Mr. Larry W. Greene, President of Greene Architecture. The amount of the contract was based on an hourly rate, stipulated not to exceed $23,250, and also included reimbursements for expenses incurred.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the contract with Mr. Greene of Greene Architecture in an amount not to exceed $23,250 plus reimburseables contingent on final approval by the County Attorney prior to execution.
VOTE: Aye-5
Nay-0
D. Proposed Engineering Contract for Brookshire Park Stream Bank Restoration – Mr. Furman stated that approval was previously given to negotiate a contract with McGill Associates, PA, for the engineering work necessary to undertake the stream bank restoration at the County-owned Brookshire Road Park. The project was being funded by a grant from the North Carolina Division of Water Resources and coordinated by Mr. Furman and the Soil and Water Conservation Agency. The contract was for minimum fees necessary not to exceed $46,000. The fees were to be covered by the grant amount.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the contract with McGill Associates in an amount not to exceed $46,000 contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
VEHICLE BID AWARDS REQUEST
Mr. Geouque reviewed the following bids to purchase vehicles:
|
Bidder
|
Compact 2 Door 4x2 Truck
|
Compact SUV Four Door
|
|
Ashe County Motors
|
$10,551.45
|
$17,717.87
|
|
Boone Ford
|
$10,806
|
$18,272
|
|
Vic Bailey Ford (State Contract Price)
|
$10,294
|
$18,832
|
Mr. Geouque stated that one was for the Maintenance Department (a compact, two-door 4x2 truck) and the other for the Department of Social Services (a four-door 4x4 sport utility vehicle). Mr. Geouque recommended Vic Bailey Ford be awarded the bid for the compact two-door 4x2 truck in the amount of $10,294.00 and Ashe County Motors be awarded the bid for the four-door 4x4 sport utility vehicle in the amount $17,717.87. Both were the low bidders and funds were available in the current fiscal year’s budget for these purchases.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to award the bid for the compact two-door 4x2 truck in the amount of $10,294.00 to Vic Bailey Ford and the bid for the four-door 4x4 sport utility vehicle in the amount $17,717.87 to Ashe County Motors.
VOTE: Aye-5
Nay-0
PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE
Assistant County Manager Geouque presented a proposed amended Animal Control Ordinance regarding which a public hearing and work sessions were previously held.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Animal Control Ordinance as amended.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. New River Mental Health Authority Proposed Resolution Authorizing Merger – County Manager Nelson stated that at previous meetings the Board had discussed plans for the delivery of mental health services through the New River Behavioral HealthCare Authority, which was the local management entity that was charged with providing administrative duties. A service authority was created in a cooperative effort with other member counties to provide services and the management entity was to merge with another area authority. The enclosed resolution was necessary and was to allow the merger between New River and the Smokey Mountain Authority.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to adopt the resolution allowing for the merger between the New River and Smokey Mountain Authorities.
VOTE: Aye-5
Nay-0
B. Surplus Property Request – County Manager Nelson requested to declare surplus five of the six homes that had been purchased on the new high school site. The homes needed to be demolished or purchased and relocated prior to the beginning of construction. The County Manager recommended that the houses be declared as surplus and advertised for sale to be moved by the end of May 2007. The County Manager stated that any houses not purchased were to be demolished during the month of May.
By consensus, the Board agreed to declare the five homes presented by the County Manager as surplus and directed the County Manager to advertise the homes for sale with the stipulation that they had to be moved by May 2007.
County Manager Nelson stated that due to the recent inclement weather, homeowners that were to be moved by March 1, 2007, have requested more time.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to allow the previous homeowners of the five houses which were just declared surplus to retain possession of the homes until March 31, 2007, with the County to take possession of the homes and property April 1, 2007.
C. Project House First Right of Refusal Request – County Manager Nelson stated that periodically students from the High School Vocational Education Departments constructed a house on Board of Education-owned land in Buckeye Estates. Prior to offering the house for public auction, the County Commissioners had to receive right of first refusal.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to refuse the offer to purchase the WHS project house, thereby allowing the School Board to sell the property through the bid process.
VOTE: Aye-5
Nay-0
D. Caldwell Community College and Technical Institute Joint Meetings Request – County Manager Nelson stated that Caldwell Community College & Technical Institute requested that two joint meetings be scheduled between the Board of Trustees and the Watauga County Commissioners. The first was recommended for May 16, 2007, and was to include the Board of Education. The second was recommended for September 19, 2007. Both meetings are at 6:00 P.M.
By consensus, the Board agreed to the joint meetings as requested.
E. Charter Rate Increase Discussion – County Manager Nelson stated that Charter Communications had announced a minimal rate increase of approximately $1.00 for cable services in Watauga County. The County’s franchise ordinance allowed for a public hearing to be conducted in which a representative from Charter was requested to discuss the purpose for the increase and allow public comment; however, with the new State franchising arrangement, the County Manager stated that he was unsure whether the local ordinance was still binding.
By consensus, the Board agreed to waive holding a public hearing at this time regarding the cable rate increase.
F. Probation Office Lease Renewal Request – County Manager Nelson stated that the County leased space in the East Annex to the North Carolina Department of Probation and Parole. The amount of the current lease was $8,900 per year for approximately 673 square feet of office space. The lease was to expire on July 1, 2007. The County Manager stated that the Probation and Parole Department requested that the lease be extended for an additional three years.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the renewal of the lease with the Probation and Parole Department pursuant to the proposed contract.
VOTE: Aye-5
Nay-0
G. Discussion of NC Legislative Issues – County Manager Nelson reported on legislative issues presented by the North Carolina Association of County Commissioners. The County Manager also presented two resolutions which requested Legislative authority to allow sales and transfer tax options to the County.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt both the Local Option Real Estate Transfer Tax Resolution and the Sales Tax for Education Resolution and directed staff to forward both resolutions to Senator Goss and Representative Tarleton.
VOTE: Aye-5
Nay-0
H. Boards and Commissions – County Manager Nelson stated that Ms. Lisa Martin’s and Mr. Tony Gray’s appointments to the Tourism Development Authority Board were to expire in February 2007. The Tourism Development Authority Board had recommended that both be reappointed to three-year terms.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to reappoint Ms. Lisa Martin and Mr. Tony Gray to the Tourism Development Authority Board for three-year terms each.
VOTE: Aye-4(Deal, Winkler, Kinsey, Moretz)
Nay-0
Recuse-1(Cooper)
I. Announcements – County Manager Nelson announced that the Cooperative Extension Report to the People was scheduled on Monday, March 5, 2007, beginning at 11:45 A.M. and including lunch.
County Manager Nelson announced that the Annual Pre-Budget Retreat was scheduled for Friday, March 9, 2007, at 8:00 A.M. and Saturday, March 10, 2007, at 8:00 A.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:27 P.M., Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Personnel Matters, per G. S. 143-318.11(a)(6); Land Acquisition, per G. S. 143-318.11(a)(5)(i); and Economic Development Matters, per G. S. 143-318.11(a)(4).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 9:31 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION – PROPOSED RESOLUTION REQUESTING FUNDING FOR A CONNECTOR ROAD TO THE NEW WATAUGA HIGH SCHOOL
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the Resolution Requesting Funding for a Connector Road to the New Watauga High School.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting adjourned, by consensus, at 9:35 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board