MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 18, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, April 18, 2005, at 5:00 P.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                    Anthony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                    Anita Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 5:02 P.M. welcoming those in attendance.
 
            Clerk’s Note: Commissioner Kinsey was hospitalized in Charlotte, N.C. and therefore was unable to attend the meeting.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the April 4, 2005, regular meeting minutes and the April 4, 2005, closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the April 4, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the April 4, 2005, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the April 18, 2005, agenda.
 
            County Manager Nelson requested to add the following items to the agenda under miscellaneous administrative matters:
 
            Discussion and Request for Emergency Watershed Protection Program Spending Limit
            Boards and Commissions (Dangerous Dog Board)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the April 18, 2005, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
ADMINISTRATIONBUILDING PROGRESS REPORT AND CHANGE ORDER REQUEST
 
            Mr. Randy Jones, project architect, presented a progress report on the Watauga County Administration Building. He also reviewed project Change Order # 2 which added twenty days to the contract due to bad weather that was experienced through January 31, 2005. Based on this change order, the scheduled completion date was July 4, 2005. Mr. Jones stated that a request for additional bad weather days for the months of February through April 2005 was possible for a future meeting.
 
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve Change Order # 2 for the Administration Building Project as presented by Mr. Jones.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
MIDDLEFORK GREENWAY ASSOCIATION REQUEST
 
            Mr. Dick Hearn, President of the Middlefork Greenway Association, stated that the Association had been meeting and working for several years with the goal of establishing a greenway for bike and pedestrian traffic between Boone and Blowing Rock. Central to the trail was 3.4 acres owned by Appalachian State University that was near the old dam site. Appalachian State University had agreed to enter into an easement with the Greenway Association. The Association, however, was not able to afford the insurance as required by ASU and requested that the County act as the easement holder for this piece of property and potentially all future easements that were to be signed in establishing the greenway route.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to enter into the easement agreement with Appalachian State University which was to allow Middlefork Greenway Association use of the property for their greenway project contingent upon the County Attorney’s review.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
BOARD OF ELECTIONS PROPOSED RELOCATION DISCUSSION
 
            Ms. Jane Ann Hodges, Director of Watauga County Board of Elections, explained the Board of Elections’ opposition to the scheduled move of their offices to the ground floor of the Courthouse. County Manager Nelson shared the reasons that necessitated the relocation plan.
 
            By consensus, the Board agreed to further discuss the issue during the upcoming scheduled budget preparation work sessions.
 
REQUEST FOR APPROVAL OF THE REVISED 2005-2007 WORK FIRST COUNTYPLAN
 
Mr. Jim Atkinson, Director of Social Services, stated that the Watauga County Work First Plan was submitted for NC Department of Health and Human Services review. Mr. Atkinson reviewed the amended plan with revisions as required by the State. 
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the revised Watauga County 2005-2007 Work First Plan as presented by Mr. Atkinson.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PLANNING AND INSPECTION MATTERS
 
            A.        2006-2012 Draft TIP Discussion – Planning and Inspections Director, Mr. Joe Furman, stated that the 2006-2012 North Carolina Department of Transportation Draft Transportation Improvement Program (TIP) had been released and a public comment meeting was scheduled for 2:00 P.M. on May 17, 2005. Mr. Furman reviewed a summary of the TIP in which he stated that several projects in Watauga County had been delayed.
 
            After discussion, the Board directed the County Manager and Mr. Furman to draft a resolution requesting that the NC Department of Transportation not delay the road projects on the Transportation Improvement Program and to request the same consideration from the Town of Boone, Appalachian State University, and the Chamber of Commerce.
 
            B.         2007-2013 TIP Priority Needs List Request – Mr. Furman discussed a list of priority road projects as developed by the High Country Rural Planning Organization (RPO) for inclusion in the 2007-2013 NC DOT TIP. The RPO requested feedback from each jurisdiction after review of the priority list. 
 
            The Board directed Mr. Furman to request that the High Country Rural Planning Organization separate and re-rate project R-2615 with emphasis on widening US 421 to four lanes to the point where US 421 & US 321 split in Vilas.
 
PUBLIC HEARING TO CONSIDER AN AMENDMENT OT THE COUNTY SIGN ORDINANCE
 
Chairman Deal declared a public hearing open at 6:13 P.M. to consider an amendment to the County Sign Ordinance.
 
            Mr. Joe Furman reviewed the proposed amendments which limited the amount of time that political signs were to be placed during election season.
 
            After brief discussion, the Board agreed to not allow political signs on County property prior to 6:00 P.M. the day before an election.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:17 P.M.
 
            [Clerk’s Note: Action was taken on this matter after the second public hearing.]
 
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY SUBDIVISION REGULATIONS
 
Chairman Deal declared a public hearing open at 6:17 P.M. to consider an amendment to the County Subdivision Regulations.
 
            Mr. Joe Furman reviewed the proposed amendment to the Watauga County Subdivision Regulations which was to limit the number of duplexes that were to be accessed by a private drive. The current language limited access to three duplexes or a total of six dwelling units. The proposed amendment was to limit access to three lots per private driveway with each lot containing no more than one residential unit.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:19 P.M.
 
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt the Watauga County Sign Ordinance as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
EDC FUNDING REQUEST FOR WATAUGA OPPORTUNITIES
 
Mr. Joe Furman, acting Watauga County EDC Director, discussed a request that the Board of Commissioners grant $50,000 from the economic development capital reserve fund to Watauga Opportunities. Watauga Opportunities had obtained a contract for a major project with Rauch Industries of Gastonia, NC, to produce 15 million plastic trays for Christmas ornaments. The project required the purchase and installation of new machinery in the amount of $276,000. Mr. Furman stated that the project/contract was to create eight to twelve full-time jobs with benefits through Watauga Opportunities.
 
Commissioner Honeycutt, seconded by Commissioner Blust, moved to grant a loan to Watauga Opportunities in the amount of $50,000 over a five year time period with a $10,000 payment per year. Watauga Opportunities was to create 10 jobs. The $10,000 payment was to be forgiven each year that the 10 jobs were maintained as current and filled. The motion was contingent upon the County Attorney drafting a loan agreement for execution.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
SHERIFF’S DEPARTMENT GRANT REQUEST
 
            Sheriff Shook stated that Wilkes County Sheriff Mastin had proposed to submit a joint application for homeland security funds. The application was to be for a regional VIPER emergency communications network for the counties of Wilkes, Watauga, Ashe, and Allegany. 
 
            The application was for Phase I, which was to be the establishment of radio towers that were required by the VIPER network. In Watauga County it was to entail the modification of two existing towers and site selection and construction of two additional towers with a total cost of $1,400,000. The cost to complete the VIPER system in Watauga County was to be $3,548,000 and it was hoped that future years funding would complete the project. 
 
            After discussion, Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the submission of the grant application and to forward a letter stating that Watauga County did not have funds for the project or its future completion and to consider environmental and tourism issues when selecting placement of the towers.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Proposed Proclamation Honoring the Watauga County Based 1451st Transportation Company of the United States National Guard – County Manager Nelson presented a proposed Proclamation Honoring the Watauga County Based 1451st Transportation Company of the United States National Guard who recently returned from a tour of duty to Iraq. Amendments were recommended to include the other Companies that included Watauga County citizens.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt the Proclamation Honoring the Watauga County Based 1451st Transportation Company of the United States National Guard as amended and send a copy of the Proclamation to each of those who served, the local media, and the VFW.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         North Carolina Lottery Discussion – County Manager Nelson stated that per Commissioner request, time had been reserved for discussion of North Carolina Lottery Bill (HB1023) that was recently passed in the House.
 
            After discussion, Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt a resolution to be drafted in opposition of a North Carolina lottery contingent upon Chairman Deal’s review and directed staff to send copies to North Carolina Senators.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            C.        Local Emergency Planning Committee Bylaws Approval Request – County Manager Nelson presented Watauga County Local Emergency Planning Committee bylaw amendments. The County Manager stated that changes altered the meeting schedule to once annually rather than three times per year and included the recommendation of two changes to their committee; Jerry Sena to replace Scott Nicholson representing the media and Virginia Foxx to be listed as a representative from the Federal Government.
 
            As there were questions regarding member appointments, the Board, by consensus, tabled action until a future Board meeting when an Emergency Management staff member was to be present.
 
            D.        Discussion of Senate Bill 92 (Watauga County Occupancy Tax) – County Manager Nelson reviewed a draft of Senate Bill 92 which was to authorize the collection of an occupancy tax in the non-municipal areas of Watauga County. The Bill was drafted using the current legislative standards for such bills. 
 
            By consensus, the Board authorized Senator Garwood’s office to introduce the bill as written.
 
            E.         Presentation of the 2006 Capital Improvement Plan – County Manager Nelson presented and briefly reviewed the 2006 Capital Improvement Plan (CIP).
 
            As was for information only and therefore no Board action was required.
 
            F.         Discussion and Request for Emergency Watershed Protection Program Spending Limit – Assistant County Manager Geouque stated that the total amount previously approved by the Board for the Emergency Watershed Protection program stream bank restoration was $100,000. Based upon the bid opening, Mr. Geouque requested that the Board raise the approved amount to $150,000.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to authorize staff to approve up to $150,000 in the Emergency Watershed Protection Program.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            G.        Boards and Commissions (Dangerous Dog Board) – Assistant County Manager Geouque stated that per NC General Statute 67-4.1 the County was required to designate a Dangerous Dog Board which was to hear appeals from owners whose dogs had been deemed “dangerous” by the Animal Control Department. The last dangerous dog appeal was more than six years ago. Mr. Geouque presented the following names for appointment to the Board: Lawrence Caviness, Lynn Northrup, and Chilton Rogers.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to appoint Lawrence Caviness, Lynn Northrup, and Chilton Rogers to the Watauga County Dangerous Dog Board.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            H.        Announcements – County Manager Nelson announced that the Watauga County Project on Aging Volunteer Luncheon was scheduled for Thursday, April 21, 2005, at 11:30 A.M. at the Quality Inn.
 
            County Manager Nelson announced that the Watauga County Healthy Carolinians Annual Meeting was scheduled for Wednesday, April 29, 2005, from 8:00 A.M. till 10:00 A.M. at the Watauga Medical Center Auditorium.
 
            County Manager Nelson announced that the first Board meeting in May had been rescheduled to Tuesday, May 3, 2005, at 3:00 P.M. to be held in the Commissioners Meeting Room, ground floor, Watauga County Courthouse.
 
            County Manager Nelson announced that Budget Work Sessions were scheduled for May 5, 2005, from 12:00 Noon to 4:00 P.M. and May 10, 2005, from 3:00 P.M. to 7:00 P.M. with a public hearing scheduled on the Manager’s recommended budget for May 17, 2005, at 6:00 P.M.
 
            County Manager Nelson announced a joint meeting with the Board of Commissioners, CCC&TI, and the Board of Education is scheduled for Thursday, May 12, 2005, at 6:00 P.M. at the White Oak Campus of CCC&TI.
 
            County Manager Nelson announced that a General Assembly Day was scheduled for May 24, 2005, from 2:00 P.M. to 4:00 P.M. in Raleigh, NC.
 
            County Manager Nelson announced that the newly constructed park on Brookshire Road was ready to be officially opened. By consensus, the Board agreed to hold a grand opening at the park on Brookshire Road on June 1, 2005, at 12 noon.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 7:39 P.M., Vice-Chairman Winkler, seconded by Commissioner Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3) and Land Acquisition, per G. S. 143-318-11(a)(5)(i).
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to resume the open meeting at 8:06 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
ADJOURN
 
            Chairman Deal adjourned the meeting by consensus at 8:06 P.M.
 
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board