MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MARCH 6, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, March 6, 2006, at 9:00 A.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 J. Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 9:00 A.M. welcoming those in attendance.
 
            Chairman Deal opened the meeting with a prayer.
 
            Clerk’s Note: Commissioner Kinsey was hospitalized and therefore unable to attend the meeting.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the February 21, 2006, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 21, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the February 21, 2006, 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 March 6, 2006, agenda.
 
            County Manager Nelson stated that Ms. Merle Adams was to present the Tax Monthly Report and Refunds and Releases Report and that the Manager was to present the remaining Tax Matters as Tax Administrator Byrd was out sick.
 
            County Manager Nelson requested to add the following to the agenda:
 
Under Tax Matters:
  • Direction to publish revenue neutral tax rate for all districts

Under Miscellaneous Administrative Matters:
  • Clean Water Management Trust Fund Letter of Support
  • School Board Matters
·        Joint Meeting Request to Review CIP
·        Acceptance of NC Facility Needs Survey
  • May Meeting Schedule
  • Special Meeting Schedule for Brookshire Road Land Plan
  • Discussion of a Letter to NCACC Regarding Insurance Pool Matters
  • Soccer Association Request for Two Fields
 
            County Manager Nelson also requested to remove Agenda Item 10. D. Town of Boone Maintenance Agreement Proposal from the tentative agenda.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the March 6, 2006, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PROPOSED COMMISSARY NETWORK AGREEMENT
 
            Major Steve Thompson stated that at the last meeting a decision regarding commissary services for the new Law Enforcement Center was tabled. Major Thompson stated that no local company provided such a service considering the chain of command or possession of the goods to be delivered that was required in the secure Law Enforcement Center environment. Major Thompson therefore recommended the proposed contract from Keefe Commissary Network.
 
            Chairman Deal suggested adding wording to Section # 4 of the contract stating that the contract may be terminated under any term with a 90 day written notice to the other party.
 
            County Manager Nelson stated that the last sentence in Section # 6 should be deleted.
 
            County Attorney diSanti suggested the County adopt a policy that stated that Keefe Commissary Network was to be the sole provider of commissary items to prisoners.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the contract with Keefe Commissary Network as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP) GRANT APPLICATION REQUEST
 
            Mr. Seth Norris representing Watauga County Emergency Management Office requested approval to submit a grant application for $5,000 to the NC Department of Crime Control and Public Safety of which no local match was required. The purpose of the grant, if awarded, was to conduct a hazardous materials training exercise in Watauga County. Mr. Norris stated that the exercise was scheduled to be in the Beaver Dam Fire District.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the submission of the grant application to the NC Department of Crime Control and Public Safety as presented by Mr. Norris.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
FINANCE MATTERS
 
            A.        FY 2006 Audit Contract Proposal – Ms. Doris Isaacs reviewed a proposal from Mr. Bryce Holder, CPA, PA, for audit services for fiscal year 2006. Mr. Holder’s firm had provided excellent audit services for the County for the past several years. The proposed amount of the services was listed as not to exceed $43,500.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the contract for audit services with Bryce Holder, CPA, PA.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
 
            B.         Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
143585-323000           Title XX & FSA Daycare                                                         $1,040
145850-440900           Subsidized Childcare                                         $1,040
 
            The amendment recognized the February 2006 state allocations for direct child care services to Hurricane Katrina evacuee families only.
 
            Account #                    Description                                                           Debit             Credit
663200-327501           Scrap Tire Disposal Grant                                                        $5,091
667420-469566           Cont. Services-Tire Disposal                             $5,091
 
            The amendment recognized a grant from the Scrap Tire Disposal Fund for additional tire disposal costs incurred from April to September of 2005.
 
            Account #                    Description                                                           Debit             Credit
103341-34101             Concealed Weapons-Sheriff                                                     $2,781
104330-439901           Concealed Weapon Carry Exp.                         $2,781
 
            The amendment recognized additional revenue and expenses associated with concealed weapons.
 
            Account #                    Description                                                           Debit             Credit
663991-399100           Retained Earnings-Approp.                                                    $75,000
667420-425100           Motor Fuels & Lubricants                                $16,000
667420-433300           Utilities-Propane                                              $26,000
667420-435100           M & R-Bldg.                                                     $3,000
667420-469199           Professional Services-Other                             $30,000
 
            The amendment appropriated funds to cover increased costs for fuel, facility maintenance and professional services.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Collections Director Merle Adams presented the Tax Collections Report for the month of February 2006.
 
B.         Releases and Refunds – Ms. Adams presented the following Refunds and Releases for February 2006 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for February 2006 as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
 
            C.        Board of Equalization and Review – County Manager Nelson informed the Commissioners of the opportunity to appoint the Board of Equalization & Review.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the resolution appointing the Board of Commissioners as members and the County Manager and Assistant County Manager as alternates, to serve, if needed, to form a quorum, to the Board of Equalization and Review.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to schedule the Board of Equalization and Review to convene at 5:00 P.M. on Thursday, April 27, 2006.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            D.        Direction to Publish Revenue Neutral Tax Rate for All Districts – County Manager Nelson stated that if so directed by the Board a notice of the revenue neutral tax rates for all districts was to be published before the required adoption of the budget ordinance.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to direct the Tax Administrator to have revenue neutral tax rate information published for all tax districts within the County and to present the report at the March 21, 2006, meeting.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PLANNING AND INSPECTION MATTERS
 
            A.        Proposed Subdivision and Zoning Ordinance/s Amendments – Mr. Joe Furman stated that as a result of the General Assembly amending the General Statutes governing planning, subdivision regulations and zoning, several changes were required in the County Subdivision Ordinance as well as the Foscoe/Grandfather Zoning Ordinance, the Valle Crucis Historic District Ordinance, and the Watershed Protection Zoning Ordinance. Mr. Furman reviewed the required changes. Mr. Furman stated that the Planning Board also recommended an addition to the subdivision regulations regarding cemeteries. Mr. Furman stated that prior to consideration of the amendments, a public hearing was required.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to schedule a public hearing for the March 21, 2006, meeting to allow citizen comment on the proposed changes.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         CDBG Public Hearing Request – Mr. Furman requested a required second public hearing be scheduled for March 21, 2006, prior to the submission of an application for Community Development Block Grant Scattered Site Housing Rehabilitation grant funds.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to schedule a public hearing for the March 21, 2006, meeting to allow citizen comment on the planned submission of an application for Community Development Block Grant Scattered Site Housing Rehabilitation program.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PROPOSED RESOLUTION LIMITING GOVERNMENTS’ USE OF EMINENT DOMAIN
 
            County Manager Nelson presented a draft resolution, per Commissioner request, which supported the limiting of the Governments’ use of eminent domain and insured that, when used, it was solely for public purposes.
 
            The following amendments were recommended (strikethrough indicates items deleted and bold italic indicates additions):
 
            Under the 9th Whereas: “…and its Governor and our The United States Congress to put restrictions …”
 
            Under the Now Therefore be it Resolved: “…solely public uses affecting effecting the general welfare and safety of the public and to protect the property of private citizens from unreasonable seizure by federal, state and local governments and we will limit our use of eminent domain powers strictly for public use that is crucial to the general …”
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the Resolution Limiting Governments’ Use of Eminent Domain as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        DOT/DMV Tag Office Discussion – County Manager Nelson reviewed a draft letter to Mr. Arnold Lakey regarding the Board’s request for the DMV to immediately locate a License Tag Office through a private enterprise provider in Watauga County.
 
            Changes were directed as follows:
 
            Include . . . “Watauga is a mountain county and it is not easy for our citizens to travel to other counties, particularly in the winter months. This creates a severe hardship for many of our citizens, particularly the elderly.”
 
            Change “…ask that you continue your efforts in locating a full-service…” to  “…asks that you continue your efforts in locating a full-service tag office in Watauga County as soon as possible.”
 
            Provide courtesy copies to Governor Easley, Representative Wilson, and Senator Garwood as well.
 
            The Board directed forwarding of the letter by consensus.
 
            B.         Request for Courthouse Meeting Space – County Manager Nelson stated that the current policy required Board approval for any non-county entity’s use of the Courthouse. The Bar Association had requested to use Courtroom # 1 from 6:00 P.M. to 9:00 P.M., April 13, 2006, for a mock trail competition for Watauga High School students. The County Manager recommended approval for use at no charge.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the Bar Association’s request to use Courtroom # 1 from 6:00 P.M. to 9:00 P.M. on April 13, 2006, as requested.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            C.        Draft Resolution Authorizing the Upset Bid Process – County Manager Nelson stated that an offer of $3,683 with the required bid deposit had been received to begin the upset bid process for the surplus .16 parcel at the landfill. The County Manager presented a draft resolution to formalize the upset bid process and advertise the sale.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the resolution as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            D.        Boards and Commissions – County Manager Nelson stated that the Resolution Authorizing the Establishment of an Occupancy Tax in Watauga County required that the Board of Commissioners’ not only appoint the members of the Tourism Development Authority but also appoint the first chairperson.
 
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to appoint Mr. Rob Holton as Chairman of the Tourism Development Authority.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            County Manager Nelson stated that the Blowing Rock Town Council recommended Mr. Keith Tester be reappointed and Mr. Tommy Klutz, be appointed to three year terms on the Watauga County Parks and Recreation Commission. This was a first reading of these appointments and therefore no action was required.
 
            County Manager Nelson stated that the Blowing Rock Town Council recommended Mr. Ron Mace be reappointed as an ETJ representative on the Blowing Rock Planning Board/Board of Adjustment for a three year term. This was a first reading of this appointment and therefore no action was required.
 
E.                  Announcements – County Manager Nelson announced that the Agriculture Extension Annual Report to the People Luncheon was scheduled for Monday, March 6, 2006, at 11:45 A.M. at the Agriculture Conference Center.
 
            County Manager Nelson announced that a kick off for National Library Week was scheduled for April 3, 2006, with a formal invitation to be presented at a future meeting.
 
            F.         Clean Water Management Trust Fund Letter of Support – County Manager Nelson stated that a letter had been requested stating that the Board of Commissioners’ supported the purchase of the “Coleman property” as part of the restoration project for Boone/Kraut Creek. A statement was also requested that the Board was actively looking for other locations for the impound lot adjacent to the Coleman property and would give serious consideration to designating this land for use consistent with the uses of the park or as part of the park itself.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to direct the County Manager to draft the letter from the Board as requested.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            G.        School Board Matters
 
                  1)         Joint Meeting Request to Review CIP – County Manager Nelson stated that at the Annual Pre-Budget Retreat the Board discussed the need for a joint meeting with the School Board to review the School Board’s Capital Improvement Plan.
 
                  By consensus, the Board directed the County Manager to contact the School Board and request a joint meeting for Tuesday, April 4, 2006, at 4:00 P.M. in the Commissioners’ Conference Room with a back up date recommended for Monday, April 10, 2006.
 
                  2)         Acceptance of NC Facility Needs Survey – County Manager Nelson presented a Facility Needs Survey from the School Board as required by NC Statutes.
 
                  Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to accept the Watauga County Board of Education’s Facility Needs Survey as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            H.        May Meeting Schedule – County Manager Nelson stated that due to scheduling conflicts the following dates were suggested for May meetings of the Board of Commissioners:
 
May 8, 2006, 1st Regular BCC Board Meeting 9:00 A.M.
May 10, 2006, 1st Budget Work Session 4:00 P.M. – 10:00 P.M.
May 11, 2006, 2nd Budget Work Session 4:00 P.M. – 7:00 P.M.
May 23, 2006, 2nd Regular BCC Board Meeting 6:00 P.M.
 
            By consensus, the Board agreed to the proposed May meeting times as presented by the County Manager.
 
I.                    Special Meeting Schedule for BrookshireRoadLand Plan – County Manager Nelson stated that at the Annual Pre-Budget Retreat the Board discussed the need for a work session to discuss plans for use of the Brookshire Road property recently purchased by the County.
 
By consensus, the Board agreed to schedule a work session at 5:00 P.M., prior to their regularly scheduled meeting on March 21, 2006.
 
J.                   Discussion of a Letter to NCACC Regarding Insurance Pool Matters – County Manager Nelson stated that the North Carolina Association of County Commissioners was planning to switch insurance providers for their Insurance Pool July 1, 2006. The County Manager stated that the Association was not allowing Blue Cross/Blue Shield to use the information in their data banks to offer a quote to the County for continued coverage after July 1. 
 
            By consensus, the Board directed the County Manager to send a strong letter to the Association reminding them that they are the County’s Association and to also state in the letter that we want to use our information for a quote from Blue Cross/Blue Shield.
 
K.        Soccer Association Request for Two Fields – County Manager Nelson stated that at the Pre-Budget Annual Retreat the Soccer Association had requested land to build two 90 x 130 yard soccer fields at the Brookshire Road property which would be Phase I of a cooperative agreement with the County.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to begin a cooperative agreement with the Soccer Association and begin Phase I by granting approval for the Soccer Association to locate two 90 x 130 yard soccer fields at the Brookshire Road property and direct Mr. Stephen Poulos, Parks and Recreation Director, Mr. Robert Marsh, Maintenance Director, and staff to meet with the Soccer Association to work out the details.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:29 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).
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 10:55 A.M.
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
WATAUGA COUNTYLIBRARY RE-ROOFING PROJECT
 
            County Manager Nelson stated that R & G Construction had requested that the Library Re-roofing Project Contract be reassigned to John Conner Construction Company, which was part of the same company under different name.
 
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to consent to reassign the Library Re-roofing Project Contract as requested.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            [Clerk’s Note: Language was to be directed by the County Attorney.]
 
ADJOURN
 
            The meeting adjourned, by consensus, at 11:56 A.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board