MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 8, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, May 8, 2006, at 9:00 A.M. in the Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                                Winston Kinsey, Commissioner
                                                Andrea Capua, 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.
 
            Commissioner Kinsey opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the April 4, 2006, special meeting and closed session minutes; the April 12, 2006 special meeting minutes; and the April 18, 2006, regular and closed session meeting minutes. Chairman Deal requested to review an amendment to the April 12, 2006 closed session minutes in closed session prior to approval.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the April 4, 2006, special meeting and closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the April 12, 2006, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the April 18, 2006, regular meeting and closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the May 8, 2006, agenda.
 
            Chairman Deal stated that Discussion of Scheduling a joint meeting with the School Board needed to be added under Miscellaneous Administrative Matters after item C.
 
            County Manager Nelson stated that Sheriff Shook was out of town and therefore Major Steve Thompson was prepared to present Agenda item # 8.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the May 8, 2006, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO ALLOW PUBLIC COMMENT ON PROPOSED AMENDMENTS TO THE SOLID WASTE OPERATIONS ORDINANCE
 
            Chairman Deal declared the public hearing open at 9:07 A.M. to allow for comment on proposed changes to the Solid Waste Operations Ordinance.
 
            County Manager Nelson reviewed proposed changes to the ordinance.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 9:09 A.M.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt the amended Solid Waste Operations Ordinance.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO ALLOW PUBLIC COMMENT ON THE ECONOMIC DEVELOPMENT COMMISSION’S INCUBATOR GRANT APPLICATION
 
            Chairman Deal declared the public hearing open at 9:09 A.M. to allow for comment on the Economic Development Commission’s proposed incubator grant application.
 
            Mr. Furman reviewed information for the proposed application and a proposed agreement with Appalachian State University – ARDI (Appalachian Regional Development Institute) and a proposal to furnish office space for AdvantageWest. Also, the Committee of 100 was recommended as the management entity for the incubator and was to remit fees to the County from a portion of the rents that were generated. In return the Committee of 100 was to administer the leases and manage the incubator.
            Mr. Rob Holton, Mr. Joseph Miller, Mr. Fowler Cooper, and Dr. Lorin Baumhover shared their support of the project.
 
            There being no further public comment, Chairman Deal declared the public hearing closed at 9:30 A.M.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the submission of the grant application as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the operations plan for the incubator center as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
FUNDING REQUEST FOR THE PURCHASE OF BLEACHERS FOR WATAUGA HIGH SCHOOL SOFTBALL FIELD
 
            Mr. John Sullivan, representing the Boone Optimist Club, requested funding to replace bleachers at the softball field at Watauga High School. The High School had pledged $600 and the Optimist Club had pledged $1,800 with a balance remaining of $1,400. Mr. Sullivan requested Watauga County fund the $1,400 balance in partnership to provide the stands to be used for both high school and Parks and Recreation sponsored events. The stands were movable in the event the high school was relocated in the future.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve an expenditure of $1,400 from the Administrative Contingency Fund for bleachers as requested.
 
VOTE:   Aye-5
              Nay-0
 
JUVENILE CRIME PREVENTION COUNCIL (JCPC) FUNDING REQUEST
 
            Ms. Karee Mackey, representing the Juvenile Crime Prevention Council (JCPC), reviewed the recommended JCPC funding plan for FY 2007. The required local match of $34,590 was present in the Manager’s Recommended Budget. With the match, the total allocation was $162,882.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the JCPC funding plan as submitted.
 
VOTE:   Aye-5
              Nay-0
 
SURPLUS WEAPONS REQUEST
 
            Major Thompson requested the following weapons be declared as surplus and their trade to Arlington Police Distributors for a glock model 31.357 handgun and additional accessories as needed by the Sheriff’s Department be approved. The trade was basically for an even swap with the County being responsible for the sales tax on the purchase, which was to be reimbursed. 
 
Make/Model
Serial #
Remington 870 Express Mag. 12 Ga. Shotgun
B993855M
Winchester Model 94 .30-30 Cal. Lever-Action Rifle
4048117
Remington Model 742 Woodsmaster .30-06 Cal. Semi-Auto Rifle
B6920830
Iver Johnson 12 Ga. Single Shot Shotgun, Champion Model
None
JC Higgins Model 29 .22 Cal Rifle Semi Auto
None
Thompson/Center Arms .54 Cal. Black Powder Rifle, Model-New Englander
70947
Marlin .22 Cal Semi Auto Rifle
05322716
Dan Wesson .357 Mag. Revolver, Blue Steel
110768
Iver Johnson, .44 Mag. Revolver Model-Cattleman
17651
Lorcin .25 Cal. Auto Pistol Model L-25
246297
Raven .25 Cal. Auto Model P-25
593968
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to declare the weapons listed above as surplus and approve their trade for the new handgun and accessories as requested.
 
            [Clerk’s Note: Vice-Chairman Winkler was briefly absent from the meeting]
 
VOTE:   Aye-4(Deal, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-(Winkler)
 
HOME & COMMUNITY CARE BLOCK GRANT FY 2007 FUNDING ALLOCATION REQUEST
 
            Ms. Angie Boitnotte, Director of the Watauga County Project on Aging, presented the FY 2007 Home & Community Care Block Grant (H&CCBG) funding plan. $210,183 was proposed for the services as listed in the funding plan which required a local match of $23,354 which was present in the Project on Aging’s recommended FY 2007 budget. 
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the H&CCBG funding plan as presented by Ms. Boitnotte.
 
VOTE:   Aye-5
              Nay-0
 
BUDGET AMENDMENTS
 
            Ms. Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
143839-389000           Misc. Revenue                                                                         $1,861
145410-440004           Domestic Violence                                             $1,861
 
            The amendment recognized additional funds authorized by the state for the Domestic Violence Program.
 
            Account #                    Description                                                           Debit             Credit
219930-461100           Emergency Communications                                                   $36,612
219800-498010           Transfer to the General Fund                            $36,612
103980-398121           Transfer from Capital Reserve                                                $36,612
104311-451000           Capital Outlay-Equipment                                $15,207
104330-451000           Capital Outlay-Equipment                                $21,405
 
            The amendment transferred funds from the Communications Capital Reserve Fund to the General Fund to replace the Control station two-way radios for “Sheriff 3,” “Boone Ch 4,” and “County Fire 1.” These funds will also upgrade and replace the existing communications repeater that provides the primary communication for the county volunteer fire departments. Approved at the April 18, 2006, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
104310-451000           Capital Outlay-Equipment                                  $1,405
103300-389002           Controlled Substance Dist.-Fed.                                               $1,405
 
            The amendment transferred funds from the Federal Controlled Substance Abuse Tax Fund to the General Fund for the acquisition of emergency equipment for a 1999 GMC Denali per Sheriff Shook’s request.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of April 2006.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for April 2006 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for April 2006 as presented.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED AMENDMENT TO SUBDIVISION REGULATIONS
 
            Mr. Joe Furman reviewed a proposed amendment to Watauga County subdivision regulations that was submitted by the Watauga County Planning Board. The amendment was to give staff the authority to approve final plats consisting of up to ten lots or buildings. The change was to offer better service to customers as well as be more efficient for staff and the Planning Board to conduct business.
 
            After discussion and by consensus the Board agreed to schedule a public hearing for the May 23, 2006, Board Meeting at 6:00 P.M. to allow for citizen comment on the proposed changes to the Ordinance to Govern Subdivisions and Multi-Unit Structures.
 
PROPOSED BYLAWS FOR TOURISM DEVELOPMENT AUTHORITY
 
            Mr. Deron Geouque presented the Tourism Development Authority Bylaws that were adopted by the Authority. 
 
            After discussion, Commissioner Kinsey, seconded by Commissioner Blust, moved to adopt the Tourism Development Bylaws as amended by the removal of the word “capital” under Article VII, Section 2.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Proposed Change Orders for NewWataugaCountyLawEnforcementCenter – County Manager Nelson reviewed Change Order numbers 18, 19, and 20 for the Law Enforcement Center as submitted by Hemphill Associates. The Change Orders, in the amounts of $2,364, $20,672, and $4,905, were necessitated by required work prior to occupying the facility and each had been discussed at previous meetings.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Orders 18, 19, and 20 for the new Law Enforcement Center as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Hwy 221 Container Site Lease Renewal – County Manager Nelson stated that the land lease for the Hwy 221 dumpster site in the Blowing Rock area was to expire September 1, 2006, and Mr. George M. Sudderth, land owner, requested a payment of $175 per month to be increased by $25 at five year intervals during a proposed twenty year lease. The County Manager stated that the amount was in line with the lease payments for other container sites.
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to approve execution of a twenty year lease with Mr. George M. Sudderth, contingent upon the County Attorney drafting an appropriate lease document.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Discussion of Scheduling Joint Meeting with Volunteer Fire Departments – County Manager Nelson stated that time was scheduled to allow discussion of scheduling a joint meeting with the fire departments for review of budget requests for FY 2007.
 
            By consensus, the Board agreed to schedule a joint meeting with representatives of Watauga County Volunteer Fire Departments on Wednesday, May 31, 2006, at 4:00 P.M.
 
            D.        Discussion of Scheduling Joint Meeting with School Board – County Manager Nelson stated that time was scheduled to allow discussion of scheduling a joint meeting the Watauga County School Board to discuss the high school project, including a closed session to discuss land acquisition regarding the high school project.
 
            By consensus, the Board agreed to schedule a joint meeting with the Watauga County School Board on Wednesday, May 24, 2006, to enter closed session to discuss land acquisition as related to the high school project.
 
            E.         Discussion of Draft Letter Regarding North Carolina Gas Tax – County Manager Nelson presented a draft letter for discussion regarding the North Carolina Gas Tax.
 
            By consensus, the Board directed the County Manager to amend the letter to request the Governor roll back gas taxes to the amount prior to January 1, 2006.
 
            E.         Discussion of Draft Letter Regarding North Carolina Lottery Funds – County Manager Nelson presented a draft letter for discussion regarding the expenditure of North Carolina Lottery Funds.
 
            By consensus, the Board directed the County Manager to amend to letter to include courtesy copies to Representative Gene Wilson, Senator John Garwood, Speaker of the House James Black, and President Pro Tempore Marc Basnight.
 
            F.         Proposed Resolution Supporting the 2006 Clean Water Bond – County Manager Nelson stated that the High Country Council of Governments had submitted a draft resolution in support of the 2006 Clean Water Bond that the NC Legislature may consider. The Rural Center had requested that local governments adopt a resolution supporting a bill that would create a $1 billion bond referendum for future water/sewer infrastructure.
 
            After discussion, and by consensus, the Board directed the County Manager to amend the proposed resolution to include an additional “Be It Further Resolved” stating that funds should be distributed with consideration of the higher costs of water line installation in the western parts of the state.
           
            G.        Announcements – County Manager Nelson announced that the Watauga County Summit on Youth was to be held from 9:00 A.M. to 4:00 P.M. on Monday, June 19, 2006, at the Broyhill Inn and Conference Center.
 
            County Manager Nelson announced that the Western North Carolina Communities Regional Assembly was scheduled on Thursday, May 25, 2006, at 11:30 A.M. in Asheville, NC. The topic of discussion was to be Community Development and Small Town Initiatives with the Keynote Speaker being Billy Ray Hall, President of the NC Rural Economic Development Center.
 
            County Manager Nelson announced that the Town of Boone had scheduled a public hearing on Thursday, May 11, 2006, to hear rezoning requests with both the High School property and the Law Enforcement Center/Parking Lot property behind the Courthouse on the agenda.
 
            County Manager Nelson announced that the County Assembly Day sponsored by the North Carolina Association of County Commissioners was scheduled for May 17, 2006.
 
            County Manager Nelson announced that Budget Work Sessions were scheduled on May 10, 2006, from 4:00 P.M. to 10:00 P.M. and May 11, 2006, from 4:00 P.M. to 7:00 P.M.
 
            County Manager Nelson announced that the second Regular Board of Commissioners meeting in May was scheduled for the 23rd at 6:00 P.M. at which time the Board was to conduct their public hearing on the FY 2007 Proposed Budget.
 
            County Manager Nelson announced that the Ginn Corporation had invited elected officials to a tour of their development on July 25, 2006, with times to be announced.
 
            County Manager Nelson announced that the Blue Ridge Entrepreneurial Council invited the Board to their meeting at Chetola on May 25, 2006, at 5:30 P.M.
 
            County Manager Nelson announced a joint meeting with Caldwell Community College Board of Directors, the School Board, and County Commissioners on May 18, 2006, at 6:00 P.M. at the White Oak Road Campus.
 
PUBLIC COMMENT
 
            Mr. Buzz Berry updated the Board on High County Soccer Association’s Skatepark project.
 
CLOSED SESSION
 
            At 10:36 A.M., Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Economic Development Incentives, per G. S. 143-318.11(a)(4), Land Acquisition, per G. S. 143-318.11(5)(i), and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 1:22 P.M.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF APRIL 12, 2006, CLOSED SESSION MINUTES
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the April 12, 2006, closed session minutes as amended.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The meeting adjourned, by consensus, at 1:24 P.M.
 
 
Jim Deal, Chairman
 
ATTEST:                                                                                
Anita J. Fogle, Clerk to the Board