MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 8, 2003
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, December 8, 2003, 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
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                    Rebecca Eggers-Gryder, County Attorney
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Coffey called the meeting to order at 9:01 A.M. welcoming those in attendance.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions or corrections to the October 28, 2003, Special Meeting Minutes and the November 18, 2003, regular meeting minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the October 28, 2003, Special Meeting Minutes and the November 18, 2003, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
BOARD ORGANIZATIONAL MATTERS
 
            The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
 
            A. Election of Officers. County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners. Commissioner Honeycutt, seconded by Commissioner Hodges, nominated James Coffey as Chairman. There being no other nominations, a vote was taken.
 
VOTE:   Aye-5
              Nay-0
 
            The meeting was then turned over to Chairman Coffey.
 
            Chairman Coffey called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. Commissioner Blust, seconded by Commissioner Trivette, nominated Jimmy Hodges as Vice-Chairman. There being no other nominations, a vote was taken.
 
VOTE:   Aye-5
              Nay-0
 
            B. Staff Appointments. Commissioner Blust seconded by Commissioner Honeycutt, moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            Chairman Blust, seconded by Vice-Chairman Trivette, moved to re-appoint Anita J. Fogle as Clerk to the Board and René Barnes as Substitute Clerk to the Board.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint Eggers, Eggers, Eggers, and Eggers, Attorneys at Law, as legal counsel for Watauga County and the Department of Social Services.
 
VOTE:   Aye-5
              Nay-0
 
            C. Fidelity Bonds. The following individual fidelity bonds were presented by Finance Director, Doris Isaacs, for approval:
 
Position                                                Bond Amount               Statutory Requirement
 
Finance Director                                   $50,000                       At least $10,000, no more
                                                                                                            than $250,000 G.S. 159-29
 
Deputy Finance Director                       $50,000                       Same as above
(Robert. E. Nelson, Jr.)
 
            Tax Collector                                       $50,000                       Amount considered reasonable
                                                                                                            by BCC    G.S. 105-349-c
 
Register of Deeds                                 $50,000                       At least $10,000 but no more
                                                                                                            than $50,000 G.S. 161-4
 
Sheriff                                                  $25,000                       $25,000 maximum G.S. 162-8
 
                Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the individual fidelity bonds as presented.
 
VOTE:   Aye-5
              Nay-0
 
            D. Commissioner-Boards & Commissions Appointments. The following Commissioner Board appointments were made:
 
            Appalachian District Health Department                                                            Coffey
            AppalCART Authority                                                                          Trivette
            Blue Ridge Resource Conservation & Development Area                                  Blust
            Children’s Council/Child Protection Team                                                         Blust
            Committee of 100                                                                                             Hodges
            Criminal Justice Partnership                                                                               Blust
            Economic Development Commission                                                                 Hodges
            EMS Advisory Committee                                                                                Trivette
            Juvenile Crime Prevention Council                                                                     Blust
            Library Board                                                                                                   Honeycutt
            Motor Vehicle Valuation Review Committee                                         Hodges
            New River Mental Health                                                                                 Coffey
            Northwestern Regional Housing Authority         (term expired 12/12/04)            Martin
            POA Advisory Committee         (Home & Community Care Block Grant)        Honeycutt
            High Country Council of Governments-                                                 Coffey
 Exec. Bd.
             Job Training Consortium
            Social Services Board (term expired 6/2004)                                       Gaines-Edwards
            Volunteer Outreach Center                                                                               Honeycutt
            Watauga Advisory Board (CCC&TI)                                                               Hodges
            Watauga County Medical Center Board of Trustees                                          Hodges
            Watauga County Fire Commission                                                                    Trivette
            Watauga Opportunities, Inc.                                                                             Honeycutt
            Watauga County Recreation Commission                                                          Trivette
            Watauga County Department of Social Services                                                Honeycutt
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions or corrections to the December 8, 2003, agenda.
 
            County Manager Nelson requested to add to closed session a discussion on Land Acquisition, per G. S. 143-318.11(a)(5)(i).
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the December 8, 2003 agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
COMMUNITY BASED AFFORDABLE HOUSING TASK FORCE REPORT
 
            Mr. Jerry Moretz, representing the Affordable Housing Task Force, reviewed the results of the recently conducted survey that examined housing and related issues in Watauga County.
 
No Board action was required as the report was for information only, however, the Board did request to conduct a joint meeting with the Community Based Affordable Housing Task Force at the Annual Retreat.
 
SECU ATM PROPOSAL
 
            County Manager Nelson reviewed the affected changes in the proposed lease for the SECU ATM kiosk as requested at the last Board meeting regarding severability, repair, term of extensions, and rent per month during the extension periods. Mr. Mike Salzano with the SECU was present for questions.
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the lease with the SECU for an ATM Kiosk located in the Human Services/Health Department complex contingent upon the review of the County Attorney.
 
VOTE:   Aye-5
              Nay-0
 
APPALACHIAN DISTRICT HEALTH DEPARTMENT ANNUAL REPORT
 
Mr. Daniel Staley, Appalachian District Health Department Director, reviewed the annual report for Fiscal Year 2002/2003.  The report contained successes and community health concerns from FY 03.
 
No Board action was required as the report was for information only.
 
SHERIFF’S DEPARTMENT MATTERS
 
            A. Firearm Storage Fee Request – Major Paula Townsend reviewed a new State mandated requirement to store firearms that were confiscated in connection with domestic violence orders. The Statue allowed for the Sheriff to establish a reasonable per day fee for the storage of guns and ammunition. Major Townsend stated that Sheriff Shook requested the Board approve a .75¢ per gun per day fee for storage.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to set a .75¢ per gun, per day fee for the storage of guns and ammunition confiscated in connection with a domestic violence order.
 
VOTE:   Aye-5
              Nay-0
 
            B. Mandated DNA Testing Report – Major Townsend reported on a State mandated, but unfunded, DNA testing program. The Major reported that arrangements were made with the Watauga County Health Department to furnish a nurse on a regular schedule to gather the DNA blood samples. The cost was estimated to be $1,100 for the year of 2004.
 
            The Board directed the County Manager to prepare a letter to the Legislators requesting that the fee for the testing be included as a court cost therefore eliminating the burden of payment from the County’s budget.

            C. Governor’s Crime Commission Grant Request – Major Townsend requested approval for the Sheriff’s Department to apply for a $30,000 grant from the Governor’s Crime Commission.  Major Townsend stated that if awarded, the grant required $7,500 in local match which the County Manager stated would need to be included in the FY 2005 budget.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the submission of the grant application to the Governor’s Crime Commission, the 25% local match of $7,500 and include it in the FY 2005 budget.
 
VOTE:   Aye-5
              Nay-0
 
            D. Budget Status Report – County Manager Nelson reported on budgetary concerns that were addressed at previous meetings concerning the costs of housing prisoners out-of-County and increased costs for foods, medicines, and/or medical treatment.
 
No action was needed as the report was for information only.
 
POOL COMPLEX RENOVATION PROPOSAL
 
            Watauga County Maintenance Director, Mr. Robert Marsh, and Watauga County Parks and Recreation Director, Mr. Stephen Poulos, reviewed bids that were received for renovations to the Watauga County Swimming Pool Complex. Messers Marsh and Poulos recommended that the County enter into a contract with the low bidder, Aquatic Designs, for an amount of $333,193 that included two deductive alternatives as specified in the bid packet. Messers Marsh and Poulos reviewed the options as proposed. Sufficient funds were identified in the County’s Capital Reserve Budget and upon approval a Budget amendment was to be executed to reflect this amount plus a contingency amount.
 
Bids Received:
Contractor
Primary Bid
Alt 1
Alt 2
Alt 3
Total All
Alpine Construction
395,280
<7,200>
28,400
<7,000>
423,680
Aquatic Designs
369,404
<24,711>
61,681
<11,500>
431,085
 
            Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to award the bids for the pool complex maintenance to Aquatic Designs in the amount of $333,193 and contingent upon the County Attorneys review.
 
VOTE:   Aye-5
              Nay-0
 
 
 
 
PRISON SITE DEMOLITION PROPOSAL
 
            Mr. Robert Marsh reported that the asbestos removal had been substantially completed in most buildings at the prison camp site.  The County Manager approved a change order in the amount of $4,770 for additional asbestos that was found in newly discovered steam lines/chases. $31,662.10 had been spent on asbestos removal to date. Another change order was anticipated to reflect the removal of an underground storage tank that was unknown to County staff prior to the beginning of the process.
 
Mr. Marsh had solicited informal bids from three contractors for the demolition of the “dormitory building”. Mr. Marsh received two bids, one from Travis Wilson of Construction Company, Inc., for the amount of $23,760. Mr. Wilson’s bid required asbestos removal from Western Asbestos, Inc. in the amount of $3,670.00 for a $27,430 bid total. The second bid was received from Western Asbestos, Inc. for an amount of $25,975 which included both asbestos removal and demolition. Mr. Marsh recommended that the County authorize Western Asbestos, Inc., to do this work by executing an additional change order in the amount of $25,975. Funds were available in the Law Enforcement Center budget to cover this amount.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to award the demolition contract to the low bidder, Western Asbestos in the form of an additional change order associated with work they are currently providing at that site.
 
VOTE:   Aye-5
              Nay-0
 
EQUIPMENT PURCHASE REQUEST – DEPARTMENT OF JUSTICE GRANT
 
            Ms. Lisa Danner reviewed a request for equipment purchases for various fire and rescue departments to be funded by the Department of Justice Weapons of Mass Destruction grant that the County had been awarded. The equipment list was endorsed and recommended by the WMD/DOJ Committee members that were appointed by the Board of Commissioners.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the equipment purchases funded by the Department of Justice Weapons of Mass Destruction grant as presented by Ms. Danner.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the month of November 2003.
 
B.         Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for November 2003 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 November 2003 as presented.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. JCPC Grant Funding Approval Request – Ms. Doris Isaacs reviewed additional Juvenile Crime Prevention Council funds that were available to Watauga County in the amount of $3,944. Ms. Isaacs stated that the funds required $1,183 in local match that she recommended be allocated from the public assistance fund balance.
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to approve the grant funding request including the local match of $1,183 to be allocated from the public assistance fund balance as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
            B. Surplus Vehicle Transfer Request – Ms. Isaacs requested the Board declare a 1996 Ford Bronco (VIN # 1FMEU15N8TLB67743) surplus and then adopt a resolution that transferred the vehicle to Caldwell Community College and Technical Institute. The Community College planned to use this vehicle for snow removal.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to declare the 1996 Ford Bronco (VIN # 1FMEU15N8TLB67743) surplus and adopt the resolution authorizing the vehicle to be transferred to Caldwell Community College and Technical Institute.
 
VOTE:   Aye-5
              Nay-0
 
            C. Register of Deeds Salary Resolution – County Manager Nelson stated that, per Statute, prior to the filing period for the fall elections, the Board had to establish the salary for the Register of Deeds in order that filing fees be determined. The entry level salary on the County’s current pay plan was $42,229, as listed in the draft resolution.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adopt the Resolution Establishing the Register of Deeds Salary at $42,229, as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            D. AveryCounty Proposal for EMS Services to Beech Mountain – County Manager Nelson reviewed the current draft contract for EMS services for Beech Mountain by Avery County and for the Flat Springs/Beech Creek areas of Avery County by Watauga County. The County Manager stated that the contract was drawn by the Watauga County Attorney and negotiated with the Avery County Manager. County Manager Nelson reported that Avery County had accepted and executed the contract at their December 1, 2003, meeting.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the contract with Avery County for EMS Services to Beech Mountain as presented and the funds allocated from the administrative contingency line.
 
VOTE:   Aye-5
              Nay-0
 
            E. Discussion of Annual Pre-Budget Retreat – By consensus, the Board agreed to schedule the FY 2005 Pre-Budget Retreat on Friday, February 20, 2003, from 6:00 P.M. till 10:00 P.M. and Saturday, February 21, 2003, from 8:30 A.M. till 12:00 P.M. The County Manager requested preferred topics of interest for the retreat agenda.
 
            F. Boards and Commissions – County Manager Nelson gave a first reading of the Watauga County Planning Board At-Large Membership seat currently held by Tommy Harmon that expired at the end of December 2003.
 
            The County Manager stated that Commissioner Blust’s appointment to the Boone Fire Service District Board was no longer a property owner in the specified area of the fire district and therefore Commissioner Blust would be making a new appointment at the January 5, 2004, Board meeting.
 
            The County Manager gave a second reading of the appointee for the Council on the Status of Women.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to appoint Ms. Esther Manogin to fill the unexpired term of Barbara Kennedy to expire June 2005.
 
VOTE:   Aye-5
              Nay-0
 
            The County Manager gave a second reading of the Watauga County Board of Adjustment appointment for an unexpired term. This appointment was in Commissioner Blust’s district and therefore he nominated Mr. Baxter Palmer. Commissioner Honeycutt seconded the nomination and the following vote was taken.
 
VOTE:   Aye-5
              Nay-0
 
            G. Announcements – County Manager Nelson announced that the Watauga County Employee Christmas Luncheon was scheduled for December 16, 2003, from 12:00 noon until 2:00 P.M. at Dan’l Boone Inn.
 
            The County Manager requested two Commissioners to volunteer to assist in the interview process for an architect for the planned courthouse expansion. Commissioners Hodges and Blust volunteered.
 
            Chairman Coffey announced that a reception was scheduled for Monday, December 15, 2003, from 5:00 P.M. until 7:00 P.M. for Richard Fender, the long-standing Executive Director of the High Country Council of Governments, who was to retire at the end of December.
 
CLOSED SESSION
 
            At 10:49 A.M., Commissioner Blust, seconded by Commissioner Trivette, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3), Personnel Matters, per G. S. 143-318-11(a)(6), and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to resume the open meeting at 12:04 P.M.
 
VOTE:    Aye-5
               Nay-0
 
ADJOURN
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to adjourn the meeting at 12:04 P.M.
 
VOTE:   Aye-5
              Nay-0
 
 
                                                                                                James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board