MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 4, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, April 4, 2005, 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
                                                Tony 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 9:03 A.M. welcoming those in attendance.
 
            Clerk’s Note: Commissioner Kinsey was hospitalized in Charlotte, N.C., and therefore was unable to attend the meeting.
 
            Commissioner Honeycutt opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the March 11 & 12, 2005 special meeting minutes.
 
            A time correction was noted for recess on Friday, March 11, 2005. The correct recess time was 6:00 P.M.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the March 11 & 12, 2005, special meeting minutes as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Chairman Deal called for additions or corrections to the March 22, 2005, regular meeting minutes.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the March 22, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Chairman Deal called for additions or corrections to the March 22, 2005 closed session minutes.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the March 22, 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 4, 2005, agenda.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the April 4, 2005, agenda as presented.

                                                                  VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
                                                                                Nay-0
                                                                                Absent-1(Kinsey)

PUBLIC HEARING TO CONSIDER APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM APPLICATION

            Chairman Deal declared a public hearing open at 9:06 A.M. to consider AppalCART’s Rural Operating Assistance Program Application.
 
            AppalCART Director, Mr. Chris Turner, addressed the board explaining, that this application was submitted annually to provide Watauga County with state funding to expand AppalCART’s rural transportation services. Mr. Turner stated that this year the funding amount was $91,965 and no local match was required. The funding was allocated to improve access to transportation for clients of the Project on Aging, Watauga Opportunities, Carolina Friendship, the Department of Social Services and Work First.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 9:15 A.M.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the submission of the application as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
WATAUGA HUMANE SOCIETY PROGRESS REPORT AND REQUEST FOR ASSISTANCE
 
            Mr. Bill Jolly, Watauga County Humane Society Building Committee Chairman, stated that they purchased property off of State Road 1509 near Don Hayes Road for construction of a new facility. Mr. Jolly stated that the previous Board of Commissioners gave approval for Mr. J. V. Potter and the County’s Sanitation staff to assist with the site preparation through the use of the County’s earthmoving equipment. As the grading was not performed last fall due to weather, and the Board of Commissioners consisting of new members, Mr. Jolly felt the request for grading should be made again.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to extend grading services to the Watauga County Humane Society for site preparation contingent upon the Humane Society being responsible for all required permitting, engineering, inspections, related fees, and materials.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Ms. Deb Wynne, representing the Humane Society, reviewed their thirty-five year history and updated the Board on current projects and operations.
 
            This report was for information only and therefore no action was required.
 
APPALACHIAN DISTRICT HEALTH DEPARTMENT PROCLAMATION REQUEST
 
            Ms. Jennifer Bryan, with the Appalachian District Health Department, presented a proposed proclamation signifying the week of April 4–10, 2005, as National Public Health week in Watauga County.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to adopt the Proclamation in support of National Public Health Week, April 4-10, 2005.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
SHERIFF’S DEPARTMENT MATTERS
 
            A.        Surplus Weapons Request – Sheriff Shook requested that the weapons as listed below be declared as surplus and approve the trade in to Arlington Police Distributors for four glock model 33.357 handguns that were needed by the Sheriff’s narcotics officers.
 
Asset #
Make/Model
Serial #
Court Awarded or Donation
11078
Remington Model 700 BDL .270 cal. Bolt-Action Rifle
E6821961
Court Awarded
 
Mossberg Model 500A Riot Shotgun
P577436
Donation
 
Revelation Model 316 16 ga. Shotgun
unknown
Donation
 
New England Firearms Mod. SBI 20 ga. Shotgun- single
NB240878
Court Awarded
 
Marlin Model 60 .22 Rifle
12355774
Donation
 
New England Firearms Mod. SBI 20 ga. Shotgun- single
252802
Donation
 
Winchester Model 70 .270 Cal. Bolt-Action Rifle
G2009509
Court Awarded
 
Remington Model 572 .22 Rifle-pump action (Fieldmaster)
217589
Donation
 
Winchester Model Ranger 62A .22 cal. Pump-action Rifle
317375
Donation
 
Iver Johnson 12 ga. Single-shot Shotgun
80678
Donation
 
Winchester Model Ranger Lever-action .30-30 Rifle
558899B
Court Awarded
 
Ruger Model P-89 9mm Semi Auto Pistol
317-07266
Court Awarded
 
New England Partner Mod. SBI 12 ga. Shotgun-single shot
NG433677
Donation
 
Glock 26 9mm Semi Auto Pistol
FCR596-US
Dept. owned
 
Glock 26 9mm Semi Auto Pistol
FMC983-US
Dept. owned
 
Ruger P-89 9mm Semi Auto Pistol
312-60808
Court Awarded
 
            The trade was for an even swap with the County being responsible for the sales tax on the purchase, which was to be reimbursed.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to declare the weapons listed above as surplus and to approve their trade for the four new handguns as requested by Sheriff Shook.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         Out of State Travel Request – Sheriff Shook stated that he and two narcotics officers, Todd Phillips and Darrin Tolbert, had been invited to attend a conference of North and South Carolina law enforcement agencies in Myrtle Beach, SC, April 28 & 29, 2005. Room and board was to be reimbursed and the only cost to the County was to be the use of the vehicle for the requested trip.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the out of state travel requested as presented by Sheriff Shook.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
C.        Alcohol Task Force Request – Sheriff Shook stated that the High Country Alcohol Enforcement Task Force was submitting a grant to the United States Department of Education for the purpose of developing early intervention strategies to prevent high risk drinking or violent behavior among college students. If awarded, the grant was to pay for up to 16 hours per month for each member development of the task force to assist with compliance checks of establishments that sell alcohol. Sheriff Shook presented a memorandum of understanding which stated that he directed his deputies to assist with the enforcement efforts as the Sheriff’s department schedule allowed.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the memorandum of understanding as presented by Sheriff Shook.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
FIRE MARSHAL/EMERGENCY MANAGEMENT MATTERS
 
            A.        Hazardous Materials Emergency Planning Grant Request – Mr. Seth Norris, EM Tech II, of the Watauga County Emergency Management Department, presented a grant application for $5,000 for the Hazardous Materials Emergency Planning Grant. If awarded, it was to be used to conduct a training exercise in Watauga County. Mr. Norris stated that no local match was required.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to authorize the submission of the grant application as requested by Mr. Norris.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         North Carolina Office of Emergency Medical Services Grant Request – Mr. Norris presented a grant application to the North Carolina Office of Emergency Medical Services which was supplemental to the Health Resources Service Administration. The requested application, in the amount of $30,000, was for the purchase of a ¾ ton vehicle to be used with the State Medical Assistance Team Trailer that Watauga County was awarded last year. Mr. Norris stated that no local match was required.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to authorize the submission of the grant application as requested by Mr. Norris.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of March 2005.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for March 2005 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for March 2005 as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
C.        Surplus Property Sale RequestMr. Kelvin Byrd presented surplus property Parcel ID # 1888-16-1007-000 which went through the upset bid process that concluded with a ten day period in which no upset bid was received. The high bid was in the amount of $1,000 and was received by Steven and Pamela Nowatka of Deerfield Beach, FL.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to accept the high bid and approve the sale of the property listed above contingent on the County Attorney’s drafting and executing the appropriate documents.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
SENIOR CENTER CERTIFICATION OF EXCELLENCE REPORT
 
            Ms. Angie Boitnotte, Director of the Project on Aging, reported on a recent assessment conducted by the North Carolina Department of Health and Human Services for the Lois Evans Harrill Senior Center. The Senior Center was awarded the highest rating available as a Senior Center of Excellence. Ms. Boitnotte stated that out of 160 Senior Centers in the State only 25 have been awarded the Center of Excellence certification.
 
            This report was for information only and therefore no action was required.
 
BRUSH GRINDING BID AWARD REQUEST
 
            Mr. J. V. Potter requested approval to enter into a contract with Target Contracting, Inc., for grinding of brush and wood that had been collected at the landfill. Eighteen hundred tons were currently on hand and the bid price of $13.75 per ton was to yield a $24,750 contract. After requesting proposals from several companies, Mr. Potter stated that he had received one bid from Target Contracting, Inc., who had provided this service to Watauga County satisfactorily for the past several years. As this was a service, no formal bidding process was required and the price offered was a moderate increase from previous years.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to award the brush grinding contract to Target Contracting, Inc., contingent upon the County Attorney’s review.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PLANNING AND INSPECTION MATTERS
 
            A.        Proposed CDBG Code of Conduct Resolution – Mr. Joe Furman, Planning and Inspections Director, presented a Watauga County Code of Conduct Resolution which was required by the Community Development Block Grant (CDBG) program. The County was currently working to complete projects that were funded through the Community Development Block Grant.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the Code of Conduct Resolution as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         Proposed Amendment to Subdivision Regulations/Public Hearing Request – Mr. Furman stated that the Planning Board recommended an amendment to the subdivision regulations to deal with the issue of driveway access to duplexes. Mr. Furman reviewed the changes and stated that language was to specify that only three lots can use a private driveway with each lot containing no more than one residential unit. The current language allowed three duplexes or six units to be served by one driveway. Mr. Furman stated that if the Board wished to entertain this amendment, a public hearing was required.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to set a public hearing for the April 19, 2005, Board meeting to allow citizen comment on the proposed amendments to the subdivision regulations ordinance.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            [Clerk’s Note: Under Meeting Schedule Discussion at the end of these minutes the date and time for the Tuesday, April 19, 2005, Regular Board meeting was changed to Monday, April 18, 2005, at 5:00 P.M. in the Commissioners Meeting Room, ground floor of the Courthouse, with the scheduled public hearings to take place during the meeting at 6:00 P.M.]
 
            C.        Out of State Travel Request – Mr. Furman stated that Mr. Ronnie Greene, a Watauga County Building Inspector, had been invited to attend the International Code Council Conference that was held in conjunction with the Building Officials Association of Georgia Annual Conference, May 14-18, 2005, to be held in Augusta, Georgia. The International Code Council was to pay for the first 2 ½ days of the conference as Mr. Greene was a member. Mr. Furman stated that Mr. Greene’s attendance at the remainder of the conference was beneficial to Watauga County.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the out of state travel requested as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            D.        Secondary Road Systems Addition Requests – Mr. Furman stated that citizens of a portion of Shawneehaw Road (formerly Snow-Wine Road) (NCSR 1127) had duly petitioned the County and requested that the road be included as an addition to the State Maintained Secondary Road System.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt a resolution to request the North Carolina Division of Highways include the portion of Shawneehaw Road (formerly Snow-Wine Road) (NCSR 1127) to the State Maintained Secondary Road System.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Mr. Furman stated that citizens of Silverwood Drive, .015 mile long, located off Wilson Ridge Road (NCSR 1523) had duly petitioned the County and requested that the road be included as an addition to the State Maintained Secondary Road System.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt a resolution to request the North Carolina Division of Highways include the Silverwood Drive, .015 mile long, located off Wilson Ridge Road (NCSR 1523) to the State Maintained Secondary Road System.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            E.         Sign Ordinance Public Hearing Request – Mr. Furman stated that at the Budget Retreat, the Board directed that a public hearing be scheduled to consider an amendment to the Watauga County Sign Ordinance. Mr. Furman reviewed the proposed amendments to the ordinance.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to set a public hearing for the April 19, 2005, Board meeting to allow citizen comment on the proposed amendments to the sign ordinance.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            [Clerk’s Note: Under Meeting Schedule Discussion at the end of these minutes the date and time for the Tuesday, April 19, 2005, Regular Board meeting was changed to Monday, April 18, 2005, at 5:00 P.M. in the Commissioners Meeting Room, ground floor of the Courthouse, with the scheduled public hearings to take place during the meeting at 6:00 P.M.]
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Law Enforcement Center Change Order Request – County Manager Nelson reviewed Change Orders, numbered 4, 5, & 6, for the Watauga County Law Enforcement Center which were discussed at a prior Board meeting. Change Order # 4 was in the amount of $21,017 to complete the installation of a “dry charged suppression system” to protect the Emergency Dispatch Center and the Emergency Equipment Room. Change Order # 5 was in the amount of $1,758 to relocate cold and hot water pipes. Change Order # 6 was in the amount of $6,429 for additional security items and additional watch tour stations for security purposes in the Law Enforcement Center.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve Change Order # 4 in the amount of $21,017; Change Order # 5 in the amount of $1,758; and Change Order # 6 in the amount of $6,429 for the Law Enforcement Center project as presented by the County Manager.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         Proposed Resolution in Opposition to Senate Bill 508 and House Bill 648The County Manager presented a proposed Resolution in Opposition to Senate Bill 508 and House Bill 648 as directed at the last Board meeting. The Bills were to reduce county tax revenues by severely limiting the assessed tax value of properties that were developed but unsold by developers.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the Resolution in Opposition to Senate Bill 508 and House Bill 648, with minor grammatical corrections, as presented by the County Manager.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            C.        Announcements – County Manager Nelson announced that Watauga County Board of Education had scheduled a trip on Friday, April 15, 2005, to tour schools that had been renovated in Forsyth County. The trip was to originate at 7:30 A.M. at the Watauga High School with a return of approximately 5:30 P.M.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:05 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Attorney/Client Matters.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 10:40 A.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
MEETING SCHEDULE DISCUSSION
 
            By consensus, the Board directed the County Manager to contact the Town of Boone to request a joint meeting regarding the Anne Marie Park project.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to reschedule the Tuesday, April 19, 2005, Regular Board meeting to Monday, April 18, 2005, at 5:00 P.M. in the Commissioners Meeting Room, ground floor of the Courthouse, with the scheduled public hearings to take place during the meeting at 6:00 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            By consensus, the Board agreed to suggest the date of May 11, 2005, at 4:00 P.M. for the next Town of Boone, ASU, and Board of Commissioners retreat.
 
            By consensus, the Board changed the time of the May 5, 2005, Budget Work Session to 12:00 Noon to 4:00 P.M.
 
ADJOURN
 
            Chairman Deal adjourned the meeting, by consensus, at 11:10 A.M.
 
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board