MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 7, 2004
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 7, 2004, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                Jimmy Hodges, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, 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 9:00 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions or corrections to the August 17, 2004, special meeting minutes, August 17, 2004, regular meeting minutes, and the August 17, 2004, closed session minutes.
 
            Chairman Coffey noted that Commissioner Honeycutt’s name needed to be added under those present.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the August 17, 2004, special meeting minutes and the August 17, 2004, closed session minutes as presented and the August 17, 2004, regular meeting minutes as amended.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions and/or corrections to the September 7, 2004, agenda.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the September 07, 2004, agenda as presented.
 
VOTE:   Aye-5
              Nay-0
 
WATAUGACOUNTY BOARD OF EDUCATION STATUS REPORT
 
            Dr. Bobbie Short, Watauga County Schools Superintendent, thanked the Board for the resources provided to Watauga County Schools and presented an update on the progress of the schools. Dr. Short stated that all K-8 schools in the County were designated as Honors School of Excellent and Watauga High School (WHS) was designated as a School of Distinction through the No Child Left Behind initiative. Dr. Short also updated the Board on the WHS roofing project, the new high school project, the goals of Watauga County Schools, and the National Boards Academy.
 
            This report was for information only and therefore no action was required.
 
WATAUGACOUNTY WORK FIRST PLAN
 
Mr. Jim Atkinson discussed the planning process to be used in developing the Watauga County Work First Plan for years 2005-2007. Mr. Atkinson described the differences between the standard and electing county plan status. In past years the County had chosen the standard plan option.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to elect the standard plan for the Watauga County Work First Plan for years 2005-2007.
 
VOTE:   Aye-5
              Nay-0
 
Mr. Atkinson also presented the following recommended members of the planning committee for the Watauga County 2005-2007 Work First Plan:
 
Recommended Member
Representing
Rocky Nelson
County Manager/Board of Commissioners
Jim Atkinson
Chair, Director, DSS/Board of Social Services
Don Suggs
New River Area Mental Health
Paula Norton
WataugaCounty Board of Education
Azalee Simandle
Employment Security Commission
Dr. John Turner
Appalachian StateUniversity – Social Work Dept.
Pat Coley
AppalCART Board of Directors
Shirlee Gaines Edwards
Watauga County Children’s Council/United Way
Carole Coates
High Country Council of Governments
Melinda Hefner
CaldwellCommunity College
Dr. Barry Nealy
Faith Community/Ministerial Association
Danny Staley
Appalachian District Health Department Board
 
            Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to appoint the members as recommended to the planning committee for the Watauga County 2005-2007 Work First Plan.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2004.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2004 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the Refunds and Releases Report for August 2004 as presented.
 
VOTE:   Aye-5
              Nay-0
 
BUDGET AMENDMENTS
 
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103303-352100           CJPP Grant                                                                           $55,661
105210-469820           Criminal Justice Part. Program                         $55,661
 
            The amendment recognized Criminal Justice Partnership Program grant revenue and expenditures for the current fiscal year.
 
            Account #                    Description                                                           Debit             Credit
143300-345000           E&D Trans. Assist. Grant                                                       $11,440
145310-469845           E&D Trans.-Client Tras.                                  $11,440
103300-345000           E&D Trans. Assist.                                                                $31,015
105210-469845           NRMH-Carolina Friendship-E&D                     $5,248
105550-431301           E&D Client Trans.                                           $13,001
105890-469845           Wat. Opportunities-E&D                                 $12,766
103300-345001           DOT-Work First                                                                      $3,654
104500-469844           Work First-Employ. Trans.                                $3,654
103300-345002           DOT-Rural Gen. Public                                                          $29,996
104500-469843           AppalCART-RGP                                           $29,996
 
            The amendment recognized the award of Elderly and Disabled Transportation Assistance, Work First, and Rural General Public transportation assistance funds.
 
            Account #                    Description                                                           Debit             Credit
663200-327501           Gov. Crime Comm. O/T Grant                                                 $2,987
667420-469566           Fund Balance Approp.-New                             $2,987
 
            The amendment recognized the award of Scrap Tire Disposal Grant funds to assist with the cost of tire disposal.
 
            Account #                    Description                                                           Debit             Credit
103200-343500           CDBG-Division of Comm. Assist.                                           $50,000
104350-469501           Cont. Ser.-Entrepreneur Dev. Part.                  $50,000
 
            The amendment recognized the award of CDBG grant funds for the Entrepreneur Development Partnership project. The County had an agreement with Appalachian Regional Development institute to implement this project.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
            A.        ABC Special Occasion Permit Request – Mr. Joe Furman discussed the process in reviewing applications for ABC permits. Such an application was received for a special occasion permit from Gadabouts Restaurant in Valle Crucis. This application was unrelated to the recent legislation regarding historic districts. Mr. Furman stated that the Planning and Inspections Department must sign off on the application unless there were specific building and fire code issues or suitability of the applicant.
 
            This report was for information only and therefore no action was required.
 
B.         Proposed Resolution Regarding Designation of an Official to Make Recommendations to the North Carolina Alcohol Beverage Control Commission on ABC Permit Applications – Mr. Furman stated that as a part of the local review of ABC applications a basic character reference check was required. The resolution that was currently in place designated the previous Sheriff, Red Lyons, by name, as the agent. The new proposed resolution named the Watauga County Sheriff.
 
Sheriff Shook stated that he reluctantly had agreed to assume the responsibility as he and his officers had no choice in filling out the application other than to list what was available as public record through the court systems.
 
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to adopt the resolution designating the Sheriff of Watauga County as the official to make recommendations to the North Carolina ABC Commission on ABC permit applications.

                                                                  VOTE:   Aye-5
                                                                                Nay-0
 
DISCUSSION OF DRAFT ORDINANCE TO REGULATE WILD AND DANGEROUS ANIMALS
 
            Assistant County Manager Geouque discussed a change to the proposed Ordinance to Regulate Wild and Dangerous Animals in reference to the amount of insurance that the proposed ordinance was to require a facility to maintain in order to operate. Mr. Geouque stated that staff recommended the amount of insurance required be increased to $1 million.
 
            By consensus, the Board set two public hearings for the September 21, 2004, meeting. The first to consider the Ordinance to Regulate Wild and Dangerous Animals and the second to consider an ordinance amendment to the Watauga County Animal Control Ordinance
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Highway Patrol Office Space Lease Request – County Manager Nelson stated that approximately 365 feet of office space for the North Carolina Highway Patrol had been planned in the new Law Enforcement Center complex that the County was currently constructing for a planned occupancy of July 1, 2005. Per direction from the Board, the Manager had been in contact with Sergeant Barry Adams of the North Carolina State Highway Patrol to determine if the Highway Patrol could budget funds to lease the space in the facility. The County Manager stated that the Highway Patrol was willing to entertain a lease with the County for this space. The County Manager recommended $12.50 per square foot times 365 square feet or $4,560 per year or $380 per month in lease payments. The Highway Patrol was to consider this amount and funding it in the Fiscal Year 2006 budget year beginning July 1, 2005.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to direct the County Attorney to develop a five year lease for 365 square feet of space with the State Highway Patrol to become effective July 1, 2005 at the new Law Enforcement Center in the amount of $12.50 per square foot with automatic renewal periods at a rate to be determined by the County at the end of each five year period.
 
VOTE:   Aye-5
              Nay-0
 
B.         Boards and Commissions – County Manager Nelson gave a second reading of an appointment to the Watauga Farmland Preservation Advisory Board. The Watauga Farmland Preservation Advisory Board had recommended Mr. Jim Bryan to fill the vacancy.
 
            Commissioner Trivette, seconded by Commissioner Honeycutt, moved to appoint Mr. Jim Bryan to the Watauga County Farmland Preservation Advisory Board.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a second reading of an appointment to the Watauga County EMS Advisory Board. The EMS Advisory Committee had recommended Ms. Christine “Chris” Hawthorne to fill the vacancy.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to appoint Ms. Christine “Chris” Hawthorne to the Watauga County EMS Advisory Board.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a second reading of appointments to the Appalachian Regional Library Board. The Library Board had recommended the appointment of Mr. George Holloway, Ms. Patty Wheeler, and the reappointment of Ms. Shelby Lane.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint Mr. George Holloway, Ms. Patty Wheeler, and to reappoint Ms. Shelby Lane to the Appalachian Regional Library Board.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a second reading of appointments to the Blowing Rock Rural Fire Protection District Commission. The County Manager stated that Dr. Lynn D. George was willing to continue to serve if so appointed, however, Mr. Dennis Ruppert and Mr. Clarence “Bub” Allison were not able to continue to serve.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to reappoint Dr. Lynn D. George to the Blowing Rock Rural Fire Protection District Commission.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a second reading of appointments to the Cove Creek Fire Protection District Commission. Mr. Allen Shelton, Ms. Betty Henson, and Mr. Derek Wilson were all willing to continue to serve if so appointed.
 
 
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to reappoint Mr. Allen Shelton, Ms. Betty Henson, and Mr. Derek Wilson to the Cove Creek Rural Fire Protection District Commission.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a second reading of appointments to the Zionville Fire Protection District Commission. Mr. Lowell Younce and Mr. Lewis “Joe” Phillips were willing to continue to serve if so appointed. The clerk had not received communication from Ms. Keeta Norris at the time Board packets were copied.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to reappoint Mr. Lowell Younce and Mr. Lewis “Joe” Phillips to the Zionville Rural Fire Protection District Commission.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson gave a first reading of appointments to the Caldwell Community College & Technical Institute Watauga Campus Advisory Committee. Dr. Sandra Anderson recommended reappointment of Mr. Billy Martin, Mr. Harold Tilley, Ms. Mary Hall, Ms. Sherrie Moretz, Mr. Jeff Voss, Dr. Chuck Claxton, Ms. Margaret Jones, and Mr. Denny Norris to this Committee.
 
            As the above was a first reading, no action was required at this time
 
County Manager Nelson stated that Mr. Phil Trew, Director of Planning and Development at High Country Council of Governments, called with a reminder that a private sector member had not yet been appointed to represent Watauga County on the Future Forward Steering Committee. Commissioner Hodges represented the Board of Commissioners on this Committee. Mr. Joe Furman stated that the private sector member was not required to pay a fee.
 
            C.        Announcements – County Manager Nelson announced that the appraised value of the 2 ½ acres above the new Health Department Building currently for sale through the upset bid process, was $26,250. The bid presented at the last Board meeting was in the amount of $27,000. At the conclusion of the upset process the high bid was to be presented for consideration.
 
            County Manager Nelson announced that a joint meeting with the Caldwell Community College Board of Trustees and the Watauga County Board of Education was scheduled for September 9, 2004. The meeting was at 6:00 P.M. at the White Oak Road campus.
 
            County Manager Nelson announced that the Valle Crucis Historic District nomination was scheduled for presentation to the North Carolina National Register Advisory Committee at its meeting on October 14, 2004, in Raleigh. The County Manager stated that Board members were welcome to forward comments as/if they so chose.
 
            County Manager Nelson announced that if Board members wished to serve on a 2004-2005 Steering Committee or Legislative Goals Committee for the North Carolina Association of County Commissioners to please complete the necessary form and return it to the Clerk for submittal to NCACC.
 
            County Manager Nelson announced that the North Carolina Association had requested that each county forward a letter to federal legislators who were considering Medicaid reform.
 
By consensus, the Board directed the County Manager to send a letter to federal legislators considering Medicaid reform based on the sample letter from the North Carolina Association.
 
County Manager Nelson stated that Seth Norris with Emergency Management went to Florida to assist in clean up after Hurricane Charlie. The County Manager stated that Mr. Norris was willing to use annual leave, if needed, for the time spent in Florida. The County Manager stated that FEMA was willing to reimburse the County for Mr. Norris’ salary while in Florida.
 
By consensus, the Board directed the County Manager to accept FEMA’s reimbursement for Mr. Norris’ salary therefore not requiring him to use annual lease and gave the County Manager authority to approve similar situations in the future as needed.
 
By consensus, the Board directed the County Manager to write a letter requesting full federal funding for mandated educational programs such as No Child Left Behind.
 
By consensus, the Board directed the County Manager to write a letter to the North Carolina Department of Cultural Affairs stating that the Watauga County Board of Commissioners supported the designation of Valle Crucis as a Historic District. This designation was to be local and national only and the endorsement was not desired to be a State Designation which would possibly allow for ABC permits in the area.
 
CLOSED SESSION
 
            At 9:58 A.M., Commissioner Blust, seconded by Commissioner Honeycutt, 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 Honeycutt, seconded by Vice-Chairman Hodges, moved to resume the open meeting at 10:43 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adjourn the meeting at 10:43 A.M.
VOTE:   Aye-5
              Nay-0
 
 
                                                                                                James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board