MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 18, 2007
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 18, 2007, at 6:00 P.M. in the Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
                                                John Cooper, Commissioner
                                                Winston Kinsey, Commissioner
                                                Mary Moretz, Commissioner
                                                Anthony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Assistant County Manager
                                                Anita Fogle, Clerk to the Board
 
            The meeting was called to order at 6:00 P.M.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the August 21, 2007, regular meeting and closed session minutes and the August 30, 2007, special meeting minutes.
 
            Commissioner Kinsey suggested two corrections: under Register of Deeds Shelving Purchase Request – Mr. should have been Ms.; and under Commissioner Comment – Ravens Ridge Road should have been Wilson’s Ridge Road.
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the August 21, 2007, regular meeting minutes as amended.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the August 21, 2007, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the August 30, 2007, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the September 18, 2007, agenda.
 
            County Manager Nelson requested to omit Item # 7 until a future meeting as only two bids were received. The County Manager also requested to add under Miscellaneous Administrative Matters a request from the Town of Boone for an easement for sidewalks at the parking lot under construction at the Old Law Enforcement site. The County Manager also requested to add Personnel Matters to the scheduled Closed Session per G. S. 143-318.11(6).
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the September 18, 2007, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO CONSIDER AMENDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) #05-E-1498 APPALACHIAN ENTERPRISE CENTER RENOVATION
 
Chairman Deal declared a public hearing open at 6:05 P.M. to allow public comment on a proposed budget amendment to the Community Development Block Grant (CDBG) # 05-E-1498 Appalachian Enterprise Center Renovation.
 
            Mr. Joe Furman stated that the proposed amendment was to move $59,042 from the furnishings and equipment purchase line to the construction line in the project budget.
 
There being no public comment, Chairman Deal declared the public hearing closed at 6:07 P.M.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the budget amendment to the Community Development Block Grant (CDBG) # 05-E-1498 Appalachian Enterprise Center Renovation as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE WATAUGA COUNTY PERSONNEL ORDINANCE
 
Chairman Deal declared a public hearing open at 6:08 P.M. to allow public comment on proposed amendments to the Watauga County Personnel Ordinance.
 
Assistant County Manager Geouque reviewed changes to the Personnel Ordinance for the K-9 pay, holiday pay for those employees required to work, and the longevity bonus award.
 
Commissioner Moretz inquired as to whether employees were allowed to share sick leave and/or annual leave. Assistant County Manager Geouque stated that staff was in the process of exploring such a policy.
 
There being no public comment, Chairman Deal declared the public hearing closed at 6:11 P.M.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the amendments to the Watauga County Personnel Ordinance as presented.
 
VOTE:   Aye-5
              Nay-0
 
WATAUGA HOUSING OPPORTUNITIES GROUP REPORT
 
Mr. Scott Eggers presented a report and recommendations on planning conducted by the Watauga Housing Opportunities Group relevant to the Brookshire Road Affordable Housing Project.
 
            After discussion, the Board agreed, by consensus, to direct the County Attorney to research land trusts and determine how to protect the County’s interests in keeping the land available for affordable housing.
 
PROPOSED FARM CITY PROCLAMATION
 
Ms. Sue Counts, Director of Watauga County Cooperative Extension, presented and read a proposed proclamation declaring October 28 – November 3, 2007, as Farm City Week.
 
Commissioner Moretz, seconded by Commissioner Kinsey, moved to adopt the proclamation as presented by Ms. Counts.
 
VOTE:   Aye-5
              Nay-0
 
ZERO WASTE FUNDING REQUEST
 
            Ms. Jasmine Shoshanna with the Zero Waste Committee requested funding in the amount of $10,847. Ms. Shoshanna stated that she had spoken with Sue Counts, Director of Watauga County Cooperative Extension, who agreed to be a sponsoring agent for the Zero Waste Committee’s work.
 
            After lengthy discussion, Commissioner Kinsey, seconded by Commissioner Cooper, moved to table further discussion until a future meeting upon receipt of a recommendation from Ms. Sue Counts regarding the issue.
 
VOTE:   Aye-5
              Nay-0
 
VEHICLE BID AWARD REQUEST
 
Captain Kelly Redmon with the Sheriff’s Department requested the purchase of six Crown Victorias in the amount of $143,350.30 from Boone Ford as the low bidder and also requested the purchase of two Ford Explorers in the amount of $56,760.10 from Bobby Jones Ford, the low bidder. The vehicles were replacements and therefore, funds were budgeted in Fiscal Year 2008.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the bid awards for vehicles as presented.
 
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 2007.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2007 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for August 2007 as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        Brookshire Road Project Change Order Request – Mr. Joe Furman reviewed progress on soccer field construction on Brookshire Road. Mr. Furman stated that budgeted allowance for poor soils were to be exceeded on the soccer field’s construction prior to completion of field number two. The engineer projected that the amount needed for field two to deal with unsuitable soils was to be approximately $80,000. Mr. Furman requested authority for staff to approve change orders in an amount up to $80,000 to complete the work on the project.
 
County Manager Nelson stated that the funds for the change order were available in the Administration Contingency Fund if so directed.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize staff to approve a change order in the amount of up to $80,000 for unsuitable soils as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Contract with CodeRed for “Reverse 911” System – Mr. Furman reviewed a proposal to purchase a “Reverse 911” telephone notification system that was to be furnished by CodeRed. The amount of the proposal was $15,000 per year and was budgeted in Fiscal Year 2008. Mr. Furman also requested approval of a Memorandum of Understanding with the County and the Towns of Boone and Blowing Rock for cost sharing after the first year. Mr. Furman stated that the Memorandum of Understanding had been sent to the Towns of Boone and Blowing Rock but they had not yet taken action.
 
            County Attorney di Santi stated that the contract needed to be between CodeRed and Watauga County not Watauga County Emergency Management.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the contract between CodeRed and Watauga County.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Memorandum of Understanding regarding the CodeRed System between the County and Towns of Boone and Blowing Rock.
 
VOTE:   Aye-5
              Nay-0
 
BUDGET AMENDMENTS
 
Ms. Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
143300-345000           E&D Trans. Assist. Grant                                                       $22,234
145310-469845           E&D Tans. – Client Trans.                               $11,026
143991-399100           Fund Balance Approp.                                    $11,208
103300-345000           E&D Trans. Assist.                                                                $48,171
105210-469845           NRMH-Carolina Friendship-E&D                     $5,450
105550-431301           E&D Client Trans.                                           $21,493
105890-469845           Wat. Opportunities-E&D                                 $21,228
103300-345001           DOT-Work First                                                                     $6,838
104500-469844           Work First-Employ. Trans.                                $6,838
103300-345002           DOT – Rural Gen. Public                                                       $66,448
104500-469843           AppalCART-RGP                                           $66,448
 
            The amendment recognized the award of Elderly and Disabled Transportation Assistance, Work First, and Rural General Public Transportation assistance funds.
 
            Account #                    Description                                                           Debit             Credit
103991-399101           Fund Balance Approp.-New                                                    $1,040
105550-469514           Contracted Services                                          $1,040
 
            The amendment re-appropriated unspent contracted services funds per the Project On Aging Director’s request.
 
            Account #                    Description                                                           Debit             Credit
663200-327501           Scrap Tire Disposal Grant                                                        $7,038
667420-469866           Contracted Services                                          $7,038
 
            The amendment recognized the award of Scrap Tire Disposal grant funds from the NCDENR. These funds were to be used to supplement the cost of tire disposal.
 
            Account #                    Description                                                           Debit             Credit
219930-449210           Economic Dev.-Setaside                                                         $60,000
213980-398100           Transfer from Gen. Fund                                  $60,000
109800-498021           Transfer to Cap. Res. Fund                                                    $60,000
104276-458000           Cap.Outlay-AEC Bldg. Improve.                     $60,000
 
            The amendment transferred funds from the Capital Reserve Fund to the General Fund from the Economic Development capital reserve setaside to supplement grant funds for the renovation of the AEC Building. This was approved at the August 6, 2007, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
103300-352100           Criminal Justice Part. Program                                                $60,670
105210-469820           Transfer to NRBHC-CJPP                              $60,670
 
            The amendment recognized the award of CJPP funds for FY 2007-2008.
 
            Account #                    Description                                                           Debit             Credit
103300-343106           Domestic Violence-NCDCCPS                                              $43,701
104314-412100           Salaries-Regular                                              $33,906
104314-418100           Social Security Contribution                               $2,648
104314-418200           Retirement Contribution                                     $1,655
104314-418300           Hospital Insurance Cont.                                    $4,175
104314-418600           Worker’s Compensation                                    $1,017
104314-418900           Other Fringe – Deferred Comp.                            $300
 
            The amendment recognized a grant award from the NC Dept. of Crime Control to hire a Domestic Violence Officer. This grant application was approved at the January 17, 2007 Board meeting.
 
            Account #                    Description                                                           Debit             Credit
103300-343100           Equipment Grant-NCDCCPS                                                  $8,535
104310-451001           Capital Outlay Equip.                                       $11,380
104310-451000           Capital Outlay – Equipment                                                      $2,845
 
            The amendment recognized an equipment grant award from the NC Dept. of Crime Control and Public Safety. These funds were to be used to purchase and program 10 portable radios for Sheriff Dept. Personnel.
 
            Account #                    Description                                                           Debit             Credit
103300-343115           Governor’s Crime Comm.-O/T Grant                                       $9,552
103980-398123           Transfer from Sub. Abuse Fund                                                $3,183
104315-412200           Salaries - Overtime                                          $12,735
233991-399101           Fund Bal. Approp. New                                                          $3,183
239800-498010           Transfer to the Gen. Fund                                  $3,183
 
            The amendment recognized the award of grant funds from the NC Dept. of Crime Control and Public Safety to be used to pay Sheriff’s Dept. personnel overtime hours worked in the investigation, arrest, and prosecution of drug-related cases. The required 25% match will be provided from State Substance Abuse Funds.
 
            Account #                    Description                                                           Debit             Credit
103317-343109           Sheriff-Restricted Rev. -Federal                                             $12,975
104310-451000           Capital Outlay-Equip.                                      $12,975
 
            The amendment recognized the transfer of funds from the Federal Substance Abuse Fund Account to the General fund for the acquisition of 10 SWAT team vests and accessories.
 
            Account #                    Description                                                           Debit             Credit
133593-349902           PSFF-07/08 CIP                                                                 $273,600
133594-349902           Lottery Proceeds-07/08 CIP                                                $208,620
133980-398200           Transfer from Capital Reserve                                              $215,400
135912-449902           Facilities Improvements-07/08 CIP                $697,620
 
            The amendment recognized funding for the Watauga County Schools Facilities Improvement Plan – 07/08 CIP as approved at the June 26, 2007 Board of Commissioners meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Space Updates on Ongoing Projects – County Manager Nelson reviewed plans for occupied space in the second floor of the Courthouse and stated that the report was in conjunction with a previous request for space from the Mediation and Restorative Justice Center. The County Manager stated that, of the three rooms available for public use, the District Attorney, Clerk of Court, and Members of Bar, who were polled informally, all agreed that the rooms were to be used and scheduled often.
 
            By consensus, the Board tabled further discussion to allow the County Manager to follow-up with the Mediation and Restorative Justice Center.
 
            B.         Proposal for Cable Franchise Fees Audit – County Manager Nelson reviewed a proposal from the Howell Group, LLC. d/b/a Telecommunications Consulting Associates to conduct a cable audit on the franchise fees that were charged by Charter, Inc., and remitted to the County. The County Manager stated that this year the system changed from direct reimbursement to one in which the funds were collected by the state and reverted to the County. To date, reimbursements were lower than the County had previously received. The County Manager stated that Mr. Howell recommended an audit of the cable records between January 1, 2005, and December 31, 2006, to ensure that the County was being properly paid by the cable company. This proposal was for the work to be done on a 50/50 cost share basis. The County Manager stated that Mr. Howell anticipated a nominal discovery in the $10,000 - $12,000 range.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the contract as presented.
 
VOTE:   Aye-5
              Nay-0
 
C.        Proposed Joint Venture Agreement with High Country Soccer Association – County Manager Nelson reviewed the most recent draft of an agreement between the High Country Soccer Association and Watauga County for the development of the fields on Brookshire Road.
 
Chairman Deal stated that under Section 3.2 parking needed to be removed as it was included in Section 3.3.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the agreement with High Country Soccer Association as amended in Section 3.2.
 
VOTE:   Aye-5
              Nay-0
 
F.         Boards and Commissions – County Manager Nelson stated that the Watauga County Library Board had recommended that Hugh Hagaman be appointed to a four-year term to the local Library Board.
 
As this was a first reading, action was not required at this time.
 
County Manager Nelson stated that the Watauga County Library Board recommended that Jean Czermak be appointed to the Appalachian Regional Library Board.
 
            Commissioner Moretz, seconded by Commissioner Kinsey, moved to waive the second reading and appoint Jean Czermak to the Appalachian Regional Library Board.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson stated that the Town of Boone recommended Sherri Baker be appointed to a four-year term as an ETJ member to the Boone Area Planning Commission.
 
As this was a first reading, action was not required at this time.
 
County Manager Nelson stated that the Watauga Medical Center Board of Trustees recommended Keith Tester and Kent Tarbutton as nominees to fill one un-expired term on their Board.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive the second reading and appoint Keith Tester to fill the un-expired term on the Watauga Medical Center Board of Trustees.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson stated that the Workforce Development Board recommended reappointment of Ben Shoemake and Sandy Reese. Mr. Shoemake represented community-based organizations and Ms. Reese represented private sector business.  County Manager Nelson stated that these appointments were to be made by the Chairman.
 
This appointment was tabled until a future meeting.
 
County Manager Nelson stated that an appointment for a vacant three-year term as a regular member to the Boone Board of Adjustment was needed.
 
This appointment was tabled until a future meeting.
 
County Manager Nelson stated that an appointment for an un-expired term ending November 2009 to the Watauga County Board of Adjustment was needed.
 
This appointment was tabled until a future meeting.
 
County Manager Nelson stated that there was one vacancy on the New River Service Authority Board.
 
This appointment was tabled until a future meeting.
 
G.        Announcements – County Manager Nelson announced that the Watauga County Board of Education was hosting a Ground Breaking Ceremony for the new High School on Wednesday, September 19, 2007, at 4:30 P.M. at the new high school site near where the "Shore house" was located.
 
The County Manager announced that a joint meeting with Caldwell Community College and Technical Institute Board of Trustees was scheduled for Wednesday, September 19, 2007, at 6:00 P.M. at the White Oak Road Campus of CCC&TI.
 
The County Manager announced that the Alcohol and Drug Council was conducting their annual Red Ribbon Celebration Kickoff Breakfast on Monday, October 8, 2007, from 8:00 A.M. to 9:30 A.M. at the Broyhill Inn.
 
PUBLIC COMMENT
 
There was no public comment.
 
COMMISSIONER COMMENT
 
            Commissioner Cooper reported that the Department of Transportation had reset the timers on the traffic light located at Hwy 105 and Broadstone Road which has helped traffic flow.
 
CLOSED SESSION
 
            At 7:43 P.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Attorney/Client Matters – G. S. 143-318.11(a)(3); Land Acquisition – G. S. 143-318.11(a)(5)(i); Economic Development Matters – G. S. 143-318.11(a)(4); and Personnel Matters – G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
                [Clerk’s Note: Commissioner Cooper stepped out of the closed session momentarily and was absent when the Board re-entered open session.]
 
            Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to resume the open meeting at 8:54 P.M.
 
VOTE:   Aye-4
              Nay-0
              Absent-1(Cooper)
 
ADJOURN
 
Chairman Deal adjourned the meeting at 8:54 P.M.
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board