MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

MONDAY, OCTOBER 4, 2010

 

 

            The Watauga County Board of Commissioners held a regular meeting on Monday, October 4, 2010, at 9:00 A.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 9:02 A.M., welcoming those in attendance.

 

            Commissioner Cooper opened the meeting with a prayer.

 

APPROVAL OF MINUTES

 

            Chairman Deal called for additions and/or corrections to the September 21, 2010, regular and closed session minutes.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the September 21, 2010, regular meeting minutes as presented.

 

VOTE:   Aye-5

              Nay-0

             

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the September 21, 2010, closed session minutes as presented.

 

VOTE:   Aye-5

              Nay-0

             

APPROVAL OF AGENDA

 

            Chairman Deal called for additions and/or corrections to the October 4, 2010, agenda.

 

            Chairman Deal stated that the County Manager was to present Item # 5.

 

            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the October 4, 2010, agenda as amended.

 

VOTE:   Aye-5

              Nay-0

 

PROPOSED PROCLAMATION IN SUPPORT OF THE HIGH COUNTRY UNITED WAY

 

            Ms. Nancy Reigel, President of the High Country United Way, presented and read a proposed proclamation in support of the High Country United Way.

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the proclamation as presented.

 

VOTE:   Aye-5

              Nay-0

             

PUBLIC HEARING REQUEST TO ALLOW FOR CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE WATAUGA COUNTY VOLUNTARY FARMLAND PRESERVATION ORDINANCE

 

            County Manager Nelson stated that the Voluntary Farmland Advisory Board had requested that a public hearing be scheduled at the October 19, 2010, Board meeting to allow citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Ordinance.  The proposed amendment was to allow for automatic renewal of conservation agreements.

 

            Commissioner Kinsey, seconded by Commissioner Cooper, moved to set a public hearing for 6:00 P.M. at the October 19, 2010, Board meeting to allow citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Ordinance.

 

VOTE:   Aye-5

              Nay-0

             

TOURISM DEVELOPMENT AUTHORITY REQUEST TO ACCEPT DONATED PROPERTY FOR A PADDLE ACCESS PARK

 

            Mr. Eric Woolridge with the Tourism Development Authority (TDA) requested that Watauga County accept a donation of a four-acre parcel from Rob and Beverly Holton.  The parcel was adjacent to Hwy 321 and Old Watauga River Road.  The site was to be developed into a park by the TDA to allow for paddle access to Watauga River. 

 

Mr. Woolridge stated that the TDA was working on several options to cover the annual costs associated with the maintenance of the Park, once operational.  The following options were being considered to assist with said maintenance:  networking with other non-profits, such as, in this case, the Watauga River Conservation Partners; establishing a program in which local businesses could adopt a park to maintain; and requiring guides to purchase permits to use the access points for their for-profit businesses.  Mr. Woolridge stated that, while these options were being explored to help with the maintenance of the park, the TDA requested that the County assume maintenance of the park once the project was completed.

 

            County Manager Nelson stated that the property would have to be added to the County’s Insurance policy and that signage would be needed to warn citizens of the potential for Class 3 Rapids down river from the access point.  Deputy County Manager Geouque stated that the North Carolina Association of County Commissioners was available to make recommendation for types of signage needed at the access park.  County Manager Nelson stated that the issue of park maintenance could be discussed at the FY 2012 Pre-Budget Retreat.

 

            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to accept Rob and Beverly Holton’s donation of four acres of property adjacent to Hwy 321 and Old Watauga River Road to be developed by the Watauga County Tourism Development Authority into a Paddle Access Park.

 

VOTE:   Aye-5

              Nay-0

             

PROJECT ON AGING MATTERS

 

            A.        Additional Appropriation of State Funds for Senior Centers – Ms. Angie Boitnotte presented a request to accept $16,327 in additional State Senior Center funding.  Ms. Boitnotte stated that the Lois E. Harrill Senior Center was to receive $12,245 in additional funds which included a 25% local match in the amount of $4,082.  The Western Watauga Community Senior Center was to receive $4,082 in additional funds which included a 25% local match in the amount of $1,361.  Ms. Boitnotte stated that funds for the required local matches were included in the Agency’s FY 2011 budget.

 

Commissioner Futrelle, seconded by Commissioner Kinsey, moved to accept the additional State funds for the Senior Centers and approve the local matches as presented by Ms. Boitnotte.

 

VOTE:   Aye-5

              Nay-0

 

            B.         Presentation of Annual ReportMs. Boitnotte presented the Project on Aging’s Annual Report for Fiscal Year 2010.

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to accept the Project on Aging’s Annual Report as presented by Ms. Boitnotte.

 

VOTE:   Aye-5

              Nay-0

 

PROPOSED LEASE AGREEMENTS FOR BUCKEYE MOUNTAIN VIPER TOWER SITE

 

Mr. Steve Sudderth presented three agreements associated with sub-leasing the Buckeye Mountain communications tower site to the State Highway Patrol for their upgraded VIPER communications system.

 

County Attorney di Santi stated that he had reviewed the documents and gave his approval to their form.  The documents under consideration included a memorandum of sublease, a sublease agreement, and a sub-sublease agreement.

 

Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the memorandum of sublease, sublease agreement, and sub-sublease agreement with the North Carolina State Highway Patrol for the location of the VIPER communications system at the Buckeye Mountain communications tower site.

 

VOTE:   Aye-5

              Nay-0

 

FINANCE MATTERS

 

A.        Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:

 

Account #                    Description                                                              Debit            Credit

103300-345000           E&D Transportation Grant                                                       $47,000

103300-345001           WorkFirst Transportation Assistance                                       $10,281

103300-345002           Rural General Public                                                                $83,414

104500-469843           AppalCART-RGP                                              $83,414

104500-469844           AppalCART-WorkFirst                                     $10,281

105210-469845           New River Behavioral Health-E&D                      $2,000

105550-431301           POA-E&D                                                         $23,000

105890-469846           Watauga Opportunities-E&D                              $22,000

143300-345000           E&D Transportation Grant                                                       $26,448

145310-469845           E&D Transportation Grant                                  $24,448

145410-444000           WorkFirst Participant Expenses                            $2,000

 

            The amendment recognized the award of the NC Public Transportation Division FY 2010-2011 Rural Operating Assistance Program grant funds, per Board action on August 2, 2010.

 

Account #                    Description                                                              Debit            Credit

103300-343302           NC Department of Crime Control                                              $1,750

104330-449908           Search and Rescue Exercise Grant                        $1,750

 

            The amendment recognized grant funding from the NC Department of Crime Control and Public Safety for a search and rescue exercise and training to be conducted by the Emergency Management Department, per Board action on July 20, 2010.

 

Account #                    Description                                                              Debit            Credit

103300-343307           NC DOT Enhancement Funds                                                 $90,000

104285-457002           Brookshire Greenway Trail                                 $90,000

 

            The amendment recognized funds awarded by the NC DOT under enhancement agreements for engineering and construction of a Greenway Trail at Brookshire Park.  The original agreement, in the amount of $35,000, was approved at the August 2, 2010, Board meeting and the supplemental agreement, in the amount of $55,000, was approved at the September 21, 2010, Board meeting. 

 

Account #                    Description                                                              Debit            Credit

103300-343308           NC DOT Enhancement Funds                                                 $45,000

104285-457003           Hwy 421 Underpass/Tail Plan                             $45,000

 

            The amendment recognized funds awarded by the NC DOT under an enhancement agreement for engineer and design work for an underpass which was to allow the South Fork Greenway to cross Hwy 421 near Brookshire Road.  The agreement, in the amount of $45,000, was approved at the September 8, 2010, Board meeting.

 

Account #                    Description                                                              Debit            Credit

103300-343306           NC DENR CWMTF Grant                                                     $35,000

103330-384000           Watauga Co. District U TDA Grant Match                                $7,000

104285-457004           CWMTF Greenway Plan Design                        $42,000

 

            The amendment recognized funds awarded by the NC Clean Water Management Trust Fund for engineer and design work for a Greenway Trail at Brookshire Park.  The agreement, in the amount of $35,000, was approved at the August 2, 2010, Board meeting and the required match was to be provided by the Watauga County District U Tourism Development Authority.

 

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

 

VOTE:   Aye-5

              Nay-0

 

B.         Surplus Property Request – Ms. Pierce presented a list of property and requested the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to surplus the property as presented by Ms. Pierce and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.

 

VOTE:   Aye-5

              Nay-0

             

TAX MATTERS

 

            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of September 2010.

 

B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for September 2010 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for September 2010, as presented.

 

VOTE:   Aye-5

              Nay-0

 

REQUESTED APPOINTMENT OF COORDINATOR FOR VETERANS’ MEMORIAL

 

            Ms. Donna Lyons, Director of Veteran’s Services, stated that the North Carolina Veterans Park currently under construction to honor veterans from all 100 counties in North Carolina was scheduled to open July 1, 2011, in Fayetteville.  In preparation of the opening, the Veterans Park Committee had requested that Watauga County appoint a lead contact person to coordinate the selection of a Watauga County Veteran to be honored as well as other details to make sure that Watauga County was an active participant in the project.

 

Chairman Deal stated that staff had recommended Ms. Lyons to serve as the lead contact and represent Watauga County in this project.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint Donna Lyons as the Watauga County Coordinator and lead contact person for the Veterans Park Committee in association with the North Carolina Veterans Park to be located in Fayetteville.

 

VOTE:   Aye-5

              Nay-0

 

SFL+A REQUEST TO UTILIZE THE TAX DEDUCTION FOR ENERGY EFFICIENT COMMERCIAL BUILDINGS FOR THEIR DESIGN OF THE NEW HIGH SCHOOL

 

Deputy County Manager Geouque stated that, at the last Board meeting, SfL+a’s request to utilize the Tax Deduction for Energy Efficient Commercial Buildings for their design of the new high school was tabled.  The Deputy County Manager presented a report from SfL+a detailing their position on the LEED process as well as additional work needing to be completed prior to closing out the high school project.  SfL+a was to bear all costs of the engineering and certification that was required in submitting an application to claim the tax deduction.

 

 

Chairman Deal stated that the intent of the tax credits was to encourage green construction and that Watauga County was not eligible, as a local government agency, to apply for the credits. 

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize SfL+a to utilize the Tax Deduction for Energy Efficient Commercial Buildings, contingent upon SfL+a bearing all costs associated with applying for and receiving the tax credits.

 

VOTE:   Aye-5

              Nay-0

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Discussion of Termination of PBC+L Contract for Recreation Center – County Manager Nelson stated that the County Attorney had reviewed the contract with PBC+L for architectural services associated with the proposed recreation center and gave the opinion that the contract could be terminated with proper notice.

 

Board members briefly discussed the County’s recreational needs and their commitment to continue to work toward meeting those needs by evaluating the condition of the existing pool and exploring opportunities such as contacting the YMCA to begin discussions to determine if a joint effort would be beneficial to the County.

 

            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to terminate the contract with PBC+L for architectural services for a recreation center in Watauga County.

 

VOTE:   Aye-5

              Nay-0

 

B.         De-obligation of Recovery Zone Bonds – County Manager Nelson stated that the County had previously applied for and been granted preliminary authority to issue $12,000,000 in Recovery Zone Economic Development Bonds from the North Carolina Tax Reform Allocation Committee (TRAC).  If the August 31st Sales Tax Referendum had passed, the Board would have had a revenue source dedicated to the repayment of the Bonds which were to be used to fund the construction and operation of a recreation center, eastern community center, and other recreation needs within the County.  As part of the Tax Reform program, the County was to have been reimbursed for 45% of the interest associated with the Bonds.   Since the revenue source was not available, the TRAC could be contacted to de-obligate the amount awarded to Watauga County so that it could be available for reallocation to other counties in the state.

 

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to release the the NC Tax Reform Allocation Committee’s (TRAC) obligation to Watauga County for Recovery Zone Economic Development Bond in the capacity of $12,000,000.

 

VOTE:   Aye-5

              Nay-0

 

C.        Cell Tower Request from AT&T – County Manager Nelson stated that, at a previous meeting, a request from AT&T to construct a cell tower antenna on the top of the Blue Ridge Electric Membership Corporation’s (BREMCO) transmission tower that crossed the Darnell and Landfill properties was tabled.  The County Manager reviewed the offer and stated that AT&T was willing to pay the County $500 per month for a lease agreement to utilize the site.  BREMCO was also agreeable to working with AT&T in coordinating the construction of the cell tower.

 

            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to agree to lease AT&T space for the cellular antennas for an amount of $500 per month, to be allocated for Rocky Knob Park, contingent upon the County Attorney drafting the lease and meeting compliance with the County’s Cell Tower Ordinance

 

VOTE:   Aye-5

              Nay-0

 

D.        Boards and Commissions – County Manager Nelson stated that the Watauga Medical Center Board of Trustees recommended the following for reappointment to their Board:  Mr. Sam Adams, Ms. Susan Roggenkamp, and Mr. Kenneth Wilcox.  Each appointment was for a three-year term beginning January 1, 2011, and ending December 31, 2013.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to waive the second reading and reappoint Mr. Sam Adams, Ms. Susan Roggenkamp, and Mr. Kenneth Wilcox the Watauga Medical Center Board of Trustees for three-year terms set to expire on December 31, 2013.

VOTE:   Aye-5

              Nay-0

 

County Manager Nelson stated that the Boone Town Council recommended the following appointments:  1) James P. Marsh, Jr. as the ETJ representative to the Boone Board of Adjustment and 2) Chad J. Michael as the ETJ representative to the Community Appearance Commission.

 

County Manager Nelson stated that the Boone Town Council recommended the appointment of Dr. Brian Ellison to fill an unexpired term as the regular ETJ representative to the Boone Board of Adjustment.  The unexpired term was to expire June 30, 2012.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to reappoint Mr. James P. Marsh, Jr. as the regular ETJ representative to the Boone Board of Adjustment for a three-year term set to expire June 30, 2013.

 

VOTE:   Aye-5

              Nay-0

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to reappoint Mr. Chad J. Michael as the regular ETJ representative to the Town of Boone’s Community Appearance Commission for a three-year term.

 

VOTE:   Aye-5

              Nay-0

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to waive the second reading and appoint Dr. Brian Ellison to fill an unexpired term as the regular ETJ representative to the Boone Board of Adjustment with the term set to expire June 30, 2012.

 

VOTE:   Aye-5

              Nay-0

 

E.         Announcements – County Manger Nelson announced that ASU Chancellor Ken Peacock was hosting a reception on Monday, October 4, 2010, from 6:00 P.M. to 7:30 P.M. for LEADERSHIP North Carolina.

 

County Manager Nelson announced that a public hearing was scheduled for the October 19, 2010, Board meeting to allow citizen comment on the North Carolina Department of Transportation’s Secondary Road Improvement Program for Fiscal Years 2009-2011.  The County Manager stated that information regarding that Program was available in his office for public inspection.

 

County Manager Nelson announced that Tuesday, December 14, 2010, from 12:00 P.M. to 2:00 P.M. was reserved for the Watauga County Employees Christmas Luncheon at Dan’l Boone Inn.  The County Manager stated that if the date was not agreeable for the majority of the Board to please notify the clerk so that an alternate date could be considered.

 

            Commissioner Cooper announced that the High Country Council of Government’s Comprehensive Transportation Plan Committee was to hold their first meeting on Thursday, October 7, 2010.

 

PUBLIC COMMENT

 

There was no public comment.

 

CLOSED SESSION

 

            At 10:11 A.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); 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

 

Commissioner Cooper, seconded by Commissioner Futrelle, moved to resume the open meeting at 11:25 A.M.

 

VOTE:   Aye-5

              Nay-0

 

ADJOURN

 

Chairman Deal adjourned the meeting at 11:25 A.M.

 

 

Jim Deal, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board