MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 21, 2002
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 21, 2002 at 7:00 P.M. in the Large Courtroom of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Vice-Chairman
                                                Jack Lawrence, Sr., Commissioner
                                                Pat Wilkie, Commissioner
                                                Jeff Hedrick, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Vice-Chairman Coffey called the meeting to order at 7:03 P.M. welcoming those in attendance.
 
            [Clerk’s note: Chairman Hodges was not in attendance due to a family illness and Commissioner Sweeting was not in attendance due to a church retreat.]
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Vice-Chairman Coffey called for additions or corrections to the May 6, 2002 regular meeting minutes.
 
            Commissioner Lawrence, seconded by Commissioner Wilkie, moved to approve the May 6, 2002 regular meeting minutes as presented.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
APPROVAL OF AGENDA
 
            County Manager Nelson stated that the Department of Transportation (DOT) cancelled the Public Hearing scheduled for this meeting. Mr. Mike Pettyjohn with DOT was present to explain the cancellation.
 
            The County Manager stated that Ms. Barbara Barghothi, Region D Area Agency on Aging Administrator, requested to be placed on the June 3, 2002 agenda.
 
            The County Manager requested to add to the agenda Lease Requests under Miscellaneous Administrative Matters.
 
            The County Manager stated that Ms. Melissa Johnson with the Juvenile Crime Prevention Council (JCPC) was out of town and therefore requested that the JCPC Grant Request be moved under Finance Matters, as Ms. Doris Isaacs was a member of the JCPC Advisory Board.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the May 21, 2002 agenda as amended.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
DOT’S SECONDARY ROAD PROGRAM FY 2003
 
            Mr. Mike Pettyjohn, Division Maintenance Engineer with the Department of Transportation, stated that errors had been found in some traffic counts and that it was important to correct the errors before presenting the Secondary Roads Program for FY 2003. Mr. Pettyjohn proposed the public hearing for the DOT Secondary Roads Program be scheduled June 18.
 
            Commissioner Lawrence seconded by Commissioner Wilkie, moved to set a public hearing on June 18, 2002 at 7:00 P.M. to consider the DOT’s Secondary Road Program for fiscal year 2002/2003
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
SHERIFF’S DEPARTMENT GRANT REQUEST
 
            Sheriff Lyons discussed a grant application for federal funds as allocated through the Governor’s Highway Safety Program. $165,432 was available to Watauga County that required a local match of $27,700. The grant, if awarded, would allow Watauga County to hire two deputies and totally equip them, including two vehicles, firearms and uniforms. The match was allocated to personnel only with an increasing share required by the County over a four-year period. Sheriff Lyons stated that some cost shifting of higher paid currently employed deputies could significantly lower the match amount.
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to approve the grant application as presented by Sheriff Lyons for the first year and to review for the following years.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
 
 
PARKS AND RECREATION MATTERS
 
            A. Recognition of Donations Toward Equipment Purchase/Budget Amendment– Ms. Deb Wynne, Parks and Recreation Director, requested that $2,000 in donations be recognized and earmarked for the purchase of a utility vehicle to be used in field maintenance in the complex area. Ms. Wynne stated that she had received three quotes. She requested to accept the donation and to purchase the equipment from the company with the best quote.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to accept the donation, approve the budget amendment and approve the for purchase of the utility vehicle from the company with the best quote.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            B. Watauga County Park Grant/Capital Project Request – County Manager Nelson stated that Ms. Wynne had received preliminary notification that the County’s grant application for the Brookshire Road Park was approved. The County Manager commended Ms. Wynne on the work that she and her staff had accomplished in preparing the grant. Ms. Wynne requested that all monies approved for the project be transferred via a budget amendment to a project fund in order that the expenditures be tracked for grant purposes. Ms. Wynne also requested that the Board approve the transfer of funds from the capital reserve funds that were designated to this project in order to fund the purchase of the land.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the Capital Project request contingent upon the award of the grant and the County Attorney’s approval of the land purchase agreement.
 
VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
FINANCE MATTERS
 
A. Budget Amendments – Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            663200-327501           Scrap Tire Grant                                                                    $14,929
            667420-469566           Prof. Services-Scrap Tire Removal                  $14,929
 
            To recognize award of Scrap Tire Disposal Grants.
 
            Account #                    Description                                                           Debit             Credit
            145890-469803           Project Challenge-JCPC                                    $5,769
            145890-469804           Project Challenge-Co. Match                            $1,731
            145890-469809           WYN-JCPC                                                     $5,769
            145890-469810           WYN-Co. Match                                              $1,731
            145890-469811           Blue Ridge Dispute-JCPC                                 $5,769
            145890-469812           Blue Ridge Dispute-Co. Match                          $1,731
            145890-469813           JCPC Task Force                                             $3,233
            145890-469814           Rainbow Center-JCPC                                                          $15,035
            145890-469815           Rainbow Center-Co. Match                                                     $4,510
            145890-469816           Psy. Services-JCPC                                                                 $1,867
            145890-469817           Psy. Services-Co. Match                                                            $560
            145890-469818           Crossnore-JCPC                                                                     $3,638
            145890-469819           Crossnore-Co. Match                                                              $1,092
            143981-398010           Transfer From General Fund                                 $969
            109800-498014           Transfer to Public Assist. Fund                                                    $969
            103991-399100           Fund Balance Approp.                                         $969
 
            To recognize reallocation of JCPC funds per agreement which decreases the County Match by $969.00.
 
            Account #                    Description                                                           Debit             Credit
            104370-469501           Cont. Services-Watauga Medics                      $29,411
            103991-399100           Fund Balance Approp.                                                           $29,411
 
            To appropriate funds for additional 12/7 crew.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the budget amendments as presented.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
B. Banking Services Proposal – Ms. Isaacs discussed proposals for the County’s banking services and recommended that the County accept the proposal submitted by BB&T for estimated annual service charges of $10,694. BB&T would furnish the County with checks and deposit slips at no cost and would not require a minimum balance. Ms. Isaacs stated that when compared to all the proposals, the BB&T proposal would be the most economically beneficial to the County. If approved, Ms. Isaacs requested an anticipated implementation date was August 1, 2002.
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to accept the proposal, with an August 1, 2002 implementation date, from BB&T for banking services as presented by Ms. Isaacs.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            C. Juvenile Crime Prevention Council (JCPC) Grant Request – Ms. Isaacs presented the JCPC grant request for FY 2003. $123,419 was available in State funding that required a 30% local match of $36,126. Ms. Isaacs stated that the local match was included in the Manager’s recommended budget.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the JCPC grant request as presented.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
DISCUSSION OF SECOND APPLICATION OF NEW HWY US 421 FOR THE DOT SCENIC BYWAYS PROGRAM
 
            County Manager Nelson stated that Watauga County received notice from the Department of Transportation that the preliminary application for US 421 to be designated as a scenic highway had been approved. The County Manager stated that a second more thorough application was required to be submitted to the DOT by the end of August 2002.
 
            The County Manager stated that one of the components of the second application was to demonstrate strong local support for the project. One way to gauge this support would be for the Board of Commissioners to hold a public hearing prior to adopting a resolution of support for the proposed designation.
 
            Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to set a public hearing for June 18, 2002 at 7:00 P.M. for public input on the proposed designation of Hwy 421 as a scenic byway and encouraged all property owners along the proposed section of highway to attend.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
PROPOSED RESOLUTION IN SUPPORT OF A CONSTITUTIONAL AMENDMENT RESTORING RELIGIOUS FREEDOM
 
            At the request of Vice-Chairman Coffey, the County Manager read the proposed resolution in support of a constitutional amendment restoring religious freedom, which was tabled at the April 16, 2002 meeting.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence moved to adopt the Resolution as presented.
 
            Commissioner Wilkie stated that she preferred the resolution read …to allow a moment of silence for personal prayer… as opposed to …to reinstate prayer
 
            Commissioner Lawrence shared his thoughts as to how he arrived at the decision to vote for the resolution as written.
 
  VOTE: Aye-2 (Coffey, Lawrence)
              Nay-1 (Wilkie)
              Absent-2 (Hodges, Sweeting)
 
APPALCART PROPOSED CONTRACTS
 
            Mr. John Kirk, AppalCART Operations Manager, discussed the proposed contracts for the Parks and Recreation Department and the Project on Aging. Both contracts included a 5% per hour increase over FY 2002 rates.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the AppalCART contracts for Parks and Recreation and Project on Aging as presented by Mr. Kirk.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. Draft Resolution Requesting That Local Government Revenue Sources Be Made Secure – County Manager Nelson presented a draft resolution as prepared by the North Carolina Association of County Commissioners that requested local government revenue sources be made secure from future infringements, suspensions, terminations, or cuts by the State of North Carolina.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to adopt the Resolution Requesting That Local Government Revenue Sources Be Made Secure as presented.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            B. Boards and Commissions – County Manager Nelson stated that the Memorandum of Understanding for the High Country Rural Transportation Planning Organization stated that two committees were to be formed. The Rural Transportation Advisory Committee (RTAC) which would be the policy board, consisting of elected officials and the Rural Transportation Coordinating Committee (RTCC) which would develop recommendations to the RTAC and would consist of administrative, planning and technical personnel. Watauga County was requested to appoint an elected official to the RTAC for a one-year appointment. The RTCC would consist of Town and County Managers/Administrators or their designees and therefore did not require appointment by the Board.
 
            By consensus, the Board appointed Vice-Chairman Coffey to the Rural Transportation Advisory Committee for a one-year term.
 
            County Manager Nelson stated that Mr. Rick Herndon, Planning and Development Director at Region D Council of Governments, requested the annual appointments to the Region D Development Cooperation. The County Manager stated that the current members (Carl Roten, Carroll Garland, Bill Williamson, Jr., and Patricia Wilkie) were eligible to be reappointed or new members could be appointed.
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to reappoint Mr. Carl Roten, Mr. Carroll Garland, Mr. Bill Williamson, Jr., and Ms. Patricia Wilkie to the Region D Development Cooperation.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            County Manager Nelson stated that the Watauga County Council on the Status of Women had five members (Stella Anderson, Louise Bell, Peggy Main, Margaret Sigmon, and Sue Sweeting) whose terms expired effective June 2002. The Council recommended the following appointees: Dr. Pat Geiger, Ms. Sandy Kadyk, Ms. Louise Harris, Ms. Claudia Cook, and Ms. Mary Sue Morgan.
 
            This was the first reading of the above recommendations and therefore no action was required until the next meeting.
 
            C. Lease Requests – County Manager Nelson stated that two leases were due for renewal in the East Annex. The NC Department of Corrections had a lease for office space for Probation and Parole Offices. The space was leased at $8,640 annually, which was approximately $12.83 for 673 sq. ft. of space and included parking for their approximate eight employees and 10 state cars. The County Manager stated that one option would be to renegotiate the lease at the current rate with ten (10) parking spaces and have the Department of Corrections lease space for their State cars from the Town of Boone.
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to renew the lease with the NC Department of Corrections for $8,640 annually including 10 parking spaces.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            The Dispute Resolution Center lease was up for renewal for 200 sq. ft. of office space. The current lease was for $2,400 annually at $12.00 per sq. ft. The Dispute Resolution Center requested free space for the upcoming year. The County Manager stated that the request could be discussed at the Budget Work Sessions along with a similar request from the Children’s Council.
 
            The Board decided to review the request from the Dispute Resolution Center during the scheduled budget work sessions.
 
            D. Announcements – County Manager Nelson stated that a Public Hearing for comment on the Manager’s recommended Budget was scheduled for June 3, 2002 at 9:00 A.M.
 
          The County Manager stated that Budget Work Sessions were scheduled for May 29, 2002 from 6:00 P.M. till 10:00 P.M. and May 30, 2002 from 1:00 P.M. till 5:00 P.M.
 
PUBLIC COMMENT
 
            Two citizens spoke regarding the Resolution to Restore Religious Freedom.
 
            A member of the Valle Crucis Strategic Planning Committee and Valle Crucis Community Council, reported to the Board that the Strategic Planning Committee appointed by the Valle Crucis Community Council won a Smart Growth Award from the Governor.
 
            The County Attorney clarified the Resolution to Restore Religious Freedom by stating that the Washington County, Pennsylvania Board of Commissioners, drafted the Resolution and the only change made was inserting Watauga County in place of Washington County. The Board passed the Resolution as written with two votes for, one vote against, and two Commissioners absent.
 
CLOSED SESSION
 
            At 8:10 P.M., Commissioner Wilkie, seconded by Vice-Chairman Coffey, moved to enter Closed Session to discuss Land Acquisition, per G.S. 143-318-11(a)(5)(i) and Attorney/Client Matters, per G.S. 143-318-11(a)(3).
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
            Commissioner Wilkie, seconded by Vice-Chairman Coffey, moved to resume the open meeting at 9:38 P.M.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
BROOKSHIRE ROAD PARK
 
            Commissioner Lawrence, seconded by Commissioner Wilkie, moved to accept Mr. Duane Miller’s counter offer to change the configuration of the property to be purchased for the Brookshire Road Park. The Millers would retain rights to the existing well and septic system with the boundary lines being reset creating a one-half acre lot with the existing house. (The new boundary lines were to be straight lines, one close to and paralleling the existing house driveway and the other to the northern boundary. The County would retain the additional property between the house and the river not included in the one-half acre Miller lot. The County would pay seven thousand ($7,000.00) dollars for the additional acreage.
 
            Mr. Miller requested and was granted permission to continue mowing the lot after closing until construction began on the park.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
ADJOURN
 
            Commissioner Wilkie seconded by Commissioner Lawrence, moved to adjourn the meeting at 9:43 P.M.
 
  VOTE: Aye-3 (Coffey, Lawrence, Wilkie)
              Nay-0
              Absent-2 (Hodges, Sweeting)
 
 
                                                                                                James Coffey, Vice-Chairman
 
 
ATTEST:
 
Anita J. Fogle, Clerk to the Board