MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 4, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, May 4, 2009, at 9:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                Tim Futrelle, Commissioner
                                                Winston Kinsey, Commissioner
                                                Andrea Capua, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Deputy County Manager
                                                Anita J. Fogle, Clerk to the Board
 
[Clerk’s Note: Commissioner Cooper was not in attendance due to a prior commitment.]
 
            Chairman Deal called the meeting to order at 9:03 A.M., welcoming those in attendance.
 
            Commissioner Futrelle opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the April 21, 2009, regular meeting and closed session minutes.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the April 21, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the April 21, 2009, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the May 4, 2009, agenda.
 
            Chairman Deal stated that the following items needed to be added to the agenda: Health Department Report; Soil and Water Grant Request; and Possible Action after Closed Session.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the May 4, 2009, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
HEALTH DEPARTMENT REPORT
 
            Mr. Danny Staley, Appalachian District Health Department Director, gave a report regarding Watauga County’s preparation for the H1N1 virus, better know as the swine flu. Mr. Staley stated that one case has been confirmed in the Sate of North Carolina which was in Onslow County. Mr. Staley reiterated that washing hands, covering coughs, and staying home when sick were the best measures to prevent of the spread of the virus. Mr. Staley assured that local pharmacies had Tamiflu in stock and encouraged anyone who thought they might have the flu to contact their personal physician or the Health Department.
 
            This report was given for information only and, therefore, no action was required.
 
PROPOSED ALLOCATION OF FY 2010 HOME & COMMUNITY CARE BLOCK GRANT FUNDS FOR PROJECT ON AGING
 
Ms. Angie Boitnotte, Director of the Project on Aging, presented the Home & Community Care Block Grant Committee’s recommendation for the allocation of FY 2010 funds. Per direction of the State, the allocation recommendation was based on the FY 2009 amount of $241,323. That amount required a $26,561 in local match which was included in the agency’s proposed FY 2010 budget.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the H&CCBG allocation of FY 2010 funds and the local match of $26,561.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
SOIL AND WATER GRANT REQUEST
 
            Mr. Brian Chatham, Conservation Technician with Watauga Soil and Water Conservation District, presented an Offer of Award Notification concerning the application for financial assistance from the NC Department of Agriculture and Consumer Services to implement an Agricultural and Farmland Protection Plan for Watauga County. Mr. Chatham stated that the Watauga County Soil and Water Board has been awarded $30,000 for the project which required an in-kind contribution of staff time in the amount of $9,000.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to accept the award of $30,000, to approve the in-kind amount of $9,000 in staff time, and to direct staff to move forward with the project.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
PROPOSED COMMUNITY PRIDE WEEK PROCLAMATION
 
            Ms. Lisa Doty presented a recommended proclamation denoting the week of May 18-23, 2009, as Community Pride Week in Watauga County. Ms. Doty stated that residents were allowed to dispose of brush, metal, furniture, appliances, tires, rocks, cement, cement blocks and asphalt at the Watauga County Landfill May 18 -23, 2009, and dispose of household hazardous waste on May 23 at no charge. Ms. Doty stated that the free service for the designated week did not apply to commercial haulers or businesses.
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to adopt the proclamation as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
FINANCE MATTERS
 
A.        Budget Amendments – Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103835-349600           No Till Drill Rental                                                                      $374
103835-349601           Tree/Rain Barrel Sales                                                              $2,119
104960-429000           Other Supplies                                                   $2,493
 
            The amendment recognized revenue from the rental of the no till drill and the sale of tree and rain barrels by Watauga County Soil & Water Conservation. These funds will be used to pay for the cost of the articles sold and to begin funding the upkeep and replacement of the no till drill per an agreement with the State.
 
            Account #                    Description                                                           Debit             Credit
103341-343101           Concealed Weapon - Sheriff                                                    $8,000
145350-439901           Concealed Weapon - Carry - Exp.                    $8,000
 
            The amendment recognized additional concealed weapon permit revenue and the portion which much be paid to the state.
 
            Account #                    Description                                                           Debit             Credit
143531-323000           Admin Cost Reimbursement Fed/State                                     $7,998
145350-440900           State Adult Daycare Purchases                          $7,998
 
            The amendment recognized an additional allocation of Adult Daycare funds from the Federal and State funds.
 
            Account #                    Description                                                           Debit             Credit
143839-353102           Donations-Child Protective Services                                            $600
145310-449904           Child Protective Services                                      $600
 
            The amendment recognized additional donations to the DSS Child Protective Services fund.
 
            Account #                    Description                                                           Debit             Credit
663200-327501           Scrap Tire Disposal Grant                                                         $4,173
667420-469566           Cont. Services-Tire Removal                             $4,173
 
The amendment recognized the award of Scrap Tire Disposal Grant funds to aid in the disposal of tires.
 
            Account #                    Description                                                           Debit             Credit
133594-349902           Lottery Proceeds                                                                   $52,192
135912-459014           Valle Crucis Roof                                            $52,192
 
The amendment recognized FY 07/08 lottery funds for the Valle Crucis Roof not completed until this fiscal year.
 
            Account #                    Description                                                           Debit             Credit
133594-349902           Lottery Proceeds                                                                 $227,450
135912-435940           Carpet/Floor Tiles - Lottery                             $95,950
135912-435941           Bathroom/Locker Room                                  $31,200
135912-435942           CC Playground                                                  $5,000
135912-435943           HP Air Conditioner                                            $5,100
135912-435944           Parkway Awning                                               $8,000
135912-435945           WHS Cameras                                                  $7,200
135912-435946           Cafeteria Upgrades                                          $75,000
 
The amendment recognized FY 08/09 lottery funds for school projects.
 
            Account #                    Description                                                           Debit             Credit
103300-349603           NC Communities Conservation Assistance                               $9,750
104199-499100           Contingency                                                                             $3,250
104285-457001           Capital Outlay - Land Improvements                $13,000
 
            The amendment recognized grant funds from the NC Communities Conservation Assistance Program to install a rain garden and make other improvements at Brookshire Park. The local match of $3,250 will be provided from the General Administration contingency fund.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
B.         Surplus Property Request – Ms. Isaacs presented a list of property and requested it be surplused and subsequently sold through GovDeals, recycled, or scrapped.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to surplus the property as presented and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
PLANNING AND INSPECTION MATTERS
 
A.        Discussion of Scheduling a Work Session or Joint Meeting with the Planning Board – Mr. Joe Furman stated that a joint meeting or work session with the Planning Board was needed to discuss the Sign Ordinance Moratorium and the proposed amendments to the Subdivision Regulations as submitted.
 
            Discussion on setting a date for a joint meeting was tabled until the May 19, 2009, Board meeting.
 
B.         CDBG Scattered Site Housing Public Hearing Request &
C.        Request for Appointment of the CDBG Scattered Site Housing Committee – Mr. Furman stated that every three years, counties were eligible to receive $400,000 from the Community Development Block Grant Scattered Site Housing Rehabilitation Grant Program and Watauga County was due to receive funds in 2009. Mr. Furman stated that the application process required two public hearings and recommended the first public hearing be held May 19th to facilitate the scheduled submission. Mr. Furman requested the appointment of a selection committee that was to decide how to establish program parameters. A list of members from the 2006 selection committee was presented. Mr. Furman also requested that High Country Council of Governments be selected to prepare the application and administer the program.
 
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to set a public hearing to allow public comment on the submission of the application for Community Development Block Grant Scattered Site Housing Rehabilitation Grant funds in the amount of $400,000.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to appoint High Country Council of Governments to prepare the CDBG application and administer the program and appoint the following to the 2009 Selection Committee: Mr. Jim Atkinson, representing Watauga County Social Services; Mr. Scott Eggers, representing Blue Ridge Energies (BREMCO); Ms. Margie Mansure, representing NC Cooperative Extension; Ms. Compton Fortuna, representing the Hunger and Health Coalition; Mr. Kevin Rothrock, Blowing Rock Town Planner; Ms. Angie Boitnotte, representing Watauga County Project on Aging; Ms. Angela Miller, representing W. A. M. Y. Community Action; Ms. Loretta Clawson, Boone Mayor; and representatives from Habitat for Humanity and Appalachian District Health Department.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of April 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for April 2009 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for April 2009, as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
DISCUSSION OF SKATE PARK
 
Mr. Stephen Poulos presented a report on use of the Skate Park in April 2009. Mr. Poulos reported that usage of the Park was down and that the Recreation Commission had recommended the following at their March 18, 2009 meeting: the Skate Park located on Complex Drive in Boone, North Carolina, be closed and the Appalachian Skatepark Council be given one month after the park closes to retrieve the equipment currently at the property.
 
            Mr. Buzz Berry and Mr. Brian Mueller were given the opportunity to speak. Both requested the Skate Park be kept open and offered suggestions on improving the operations of the Park.
 
            After lengthy discussion, the Board tabled further discussion until the June 1, 2009, Board meeting.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Discussion of Intergovernmental Retreat Schedule – County Manager Nelson stated that the dates previously announced for the Intergovernmental Retreat were not acceptable to all entities involved. Due to the difficulty of scheduling, Mr. Phil Trew, with the High Country Council of Governments, recommended holding two Retreats a year, one in July and one in late January.
 
            By consensus, the Board agreed to confirm the September 28th date and recommended scheduling the next Retreat in March 2010, with subsequent Retreats being scheduled in March and September of each year and with the option of called meetings available as needed.
 
B.         Discussion of Radio Program Schedule – County Manager Nelson stated that WATA Radio wished to establish a program to interview one Commissioner, each month on a rotating basis. WATA had recommended 8:30 A.M. on the third Tuesday of each month.
 
            After discussion, Chairman Deal stated that he would contact WATA to get more details and work out a schedule as everyone was agreeable with the interviews.
 
C.        Proposed Policy to Regulate the Selection and Location of Portraits, Pictures, or Memorabilia in the Watauga County Courthouse – Deputy County Manager Geouque reviewed a policy to regulate the selection and placement of portraits, pictures, and memorabilia in the County Courthouse. A list with the names of those in the portraits currently in storage was distributed. The Deputy County Manager recommended the portraits be hung in the hallway between Courtroom # 1 and the Public Access Area.
 
By consensus, further discussion was tabled until the next meeting to allow time for review of the recommendations.
 
D.        Discussion of Proposed Resolution in Support of Appalachian Mountains Preservation Act – No discussion was held on this item.
 
            By consensus, the Board tabled discussion on this item until the May 19, 2009, Board meeting.
 
E.         Sheriff’s Office Out-of-State Travel Request –County Manager Nelson stated that Sheriff Hagaman had requested approval for out-of-state travel to attend the Annual National Law Enforcement Memorial activities in Washington, DC, during the week of May 9-16, 2009. The Sheriff was not requesting reimbursement.
 
            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the out-of-state travel request as presented.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
F.         Presentation of the Manager’s Recommended FY 2010 Budget – County Manager Nelson presented his recommended budget for FY 2010  to the Board and stated that copies were available at the Boone, Blowing Rock, and Western Watauga Community Center Libraries; in the County Manager’s Office; and on the County’s website. The County Manager also stated that work sessions were scheduled on May 11th and 12th and that a public hearing on the Recommended Budget was scheduled for May 19, 2009, at 6:00 P.M.
 
            This report was given for information only and, therefore, no action was required.
 
G.        Boards and Commissions – County Manager Nelson stated that the Velma Burnley resigned her seat on the Watauga County Library Board of Trustees due to a change in residency and staff had not yet received a recommendation from the Library regarding a replacement for her vacancy.
 
            County Manager Nelson stated that the Workforce Development Board had requested that Chairman Deal appoint two private sector representatives to the High Country Workforce Development Board. Sandra Reece was willing to continue to serve if so appointed; however, Doug Pratt was not available for reappointment at this time.
 
            County Manager Nelson stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans to the region. They also assisted in marketing and packaging loans for small businesses throughout the region. Per their bylaws, each county was required to appoint four persons to serve as members of the Development Corporation in May of each year. Representative categories were local government (1), private lending institution (1), and community organization or a business organization (2). Current appointees were as follows: Mr. Fowler Cooper, Mr. Brian Crutchfield, Mr. Jim Furman, and Mr. Brian Riggins. Each of those currently serving was eligible for reappointment.
 
            Chairman Deal stated that two appointments to the Economic Development Commission were to expire in June and neither of those currently serving were eligible for reappointment.
 
The above were first readings; therefore, no action was required at this time
 
H.        Announcements – County Manager Nelson announced that budget work sessions were scheduled for Monday, May 11, 2009, and Tuesday, May 12, 2009, beginning afternoon at 4:00 P.M. in the Commissioners’ Conference Room, Watauga County Administration Building.
 
            County Manager Nelson announced that a joint meeting was scheduled for Wednesday, May 13, 2009, at 6:00 P.M. with the Caldwell Community College and Technical Institute’s Board of Trustees at their White Oak Road Campus in Boone.
 
            County Manager Nelson announced that the public hearing on the Proposed FY 2010 Budget was scheduled for 6:00 P.M. on Tuesday, May 19, 2009, in the Commissioners’ Board Room, Watauga County Administration Building.
 
PUBLIC COMMENT
 
Mr. Remo P. spoke regarding concerns with the Skate Park.
 
CLOSED SESSION
 
            At 10:59 A.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, 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, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:55 A.M.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
ACTION AFTER CLOSED SESSION
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the release and settlement agreement with Hemphill Associates regarding services provided on the Courthouse Addition project.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
ADJOURN
 
            The Chairman adjourned the meeting at 11:57 A.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board