MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 27, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 27, 2006, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                David Blust, Commissioner
                                                Winston Kinsey, 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 6:05 P.M., welcoming those in attendance.
 
            [Commissioner Honeycutt was out of town and unable to attend the meeting]
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the May 31, 2006, special meeting minutes.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the May 31, 2006, special meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the June 5, 2006, special meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the June 5, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the June 5, 2006, closed session meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the June 13, 2006, special meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the June 13, 2006, special meeting closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the June 27, 2006, agenda.
 
            County Manager Nelson requested to remove Carolina Friendship House’s agenda item per a request from New River Behavioral Healthcare.
 
            County Manager Nelson requested to add the following to the agenda:
 
            Under Miscellaneous Administrative Matters:
                        IT Professional Services Agreement Request
                        Landfill Monitoring Report
                        Additional Boards and Commissions:
                                    Economic Development Commission
                                    Boone Area Planning Commission
                                    Boone Board of Adjustments
                                    AppalCART
                        Additional Announcements:
                                    House Bill Reduces Local Motor Vehicle Property Tax Revenues
                                    NCACC Annual Conference Registration
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the June 27, 2006, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
PUBLIC HEARING – TO CONSIDER AMENDMENTS TO THE SOLID WASTE ORDINANCE AND ABANDONED AND JUNKED MOTOR VEHICLE ORDINANCE
 
Chairman Deal declared the public hearing open at 6:10 P.M. to allow for comment on the proposed changes to the Solid Waste and Abandoned and Junked Motor Vehicle Ordinances.
 
Chairman Deal stated that the amendments changed the enforcement of the ordinances from the Solid Waste and Planning and Inspections Departments to the Sheriff’s Department.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:12 P.M.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to adopt the Solid Waste Ordinance as amended and to be effective July 1, 2006.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to adopt the Abandoned and Junked Motor Vehicle Ordinance as amended and to be effective July 1, 2006.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
JUVENILE CRIME PREVENTION COUNCIL (JCPC) REQUEST
 
            Ms. Doris Isaacs, representing the Juvenile Crime Prevention Council (JCPC), reviewed and requested approval of the certification standards and membership composition for JCPC for 2006/2007.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the certification for the Fiscal Year 2007 JCPC grant as presented by Ms. Isaacs and appoint Mark Hagaman, Bill Hartley, Troy Cook, Charles Byrd, David Townsend, Gail Hawkinson, Kara Simmons, Doris Isaacs, Joey Dickson, Chuck Cassada, David Blust, Steve Carlson, Alexander Lyerly, Trish Lanier, Jenny Miller, Ben Wellborn, Karee Mackey, Randy Townsend, Melissa Johnson, Jennifer Grubb, Chuck Gabriel, Jon Greene, and Michelle Miller to the Juvenile Crime Prevention Council.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
FINANCE MATTERS
 
            A.        Bank Services Proposals – Ms. Doris Isaacs stated that periodically the county issued requests for proposals for bank services. Service was currently provided by BB&T. After reviewing proposals received, staff recommended that bank services be awarded to the Bank of Granite for a three-year period with a two-year renewal option. The Bank of Granite proposal was the least expensive in respect to service charges and did not require a 10% fund reserve which was to allow more interest to be earned on all collected funds. Implementation of the bank services with the Bank of Granite was recommended to begin August 1, 2006.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to award county bank services to the Bank of Granite as presented by Ms. Isaacs to become effective August 1, 2006.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            B.         Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103300-352100           Criminal Justice Part. Prog.                                                       $3,500
105210-469820           CJPP/NRMH                                                    $3,500
 
            The amendment recognized reallocated state funds to the Criminal Justice Partnership Program.
 
            Account #                    Description                                                           Debit             Credit
143531-323000           Admn. Cost Reimb./Fed-State                                               $15,000
145410-440003           IV-E, FC Std, & Maximum                             $15,000
 
            The amendment recognized additional funds for Foster Care IV-E, State and Maximization due to increased program utilization.
 
            Account #                    Description                                                           Debit             Credit
104330-449908           Continuity of Oper./EOP Update NIMS          $38,500
104210-449908           COOP IT Disaster Recovery                           $19,000
103300-343302           HRSA/COOP                                                                        $57,500
 
            The amendment recognized a grant award from the NC Department of Health and Human Services Office of Medical Services from remaining 2003 Homeland Security funds to cover expenses for the development of a disaster recovery plan. This was approved at the May 23, 2006, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
663740-350000           Solidwaste Tipping Fees                                                       $270,000
667420-435200           M&R - Equipment                                           $26,600
667420-449901           Misc. Exp. - HWDD                                       $40,000
667420-469567           Cont.Ser.-Tub Grinder                                    $24,991
667420-469568           Cont.Ser. – Waste Management                    $178,409
 
            The amendment recognized additional tipping revenue and associated expenses for the Solidwaste Fund.
 
 
 
            Account #                    Description                                                           Debit             Credit
143839-353100           Donations-Foster Children Fund                                               $4,005
143839-353101           Donations-Adult Services Funds                                                    $56
143839-353102           Donations-Child Prot. Services                                                    $961
145310-449902           Foster Children’s Fund                                      $4,005
145310-449903           Adult Services Fund                                               $56
145310-449904           Child Prot. Service Fund                                       $961
 
            The amendment recognized additional donations for at risk clients.
 
            Account #                    Description                                                           Debit             Credit
283101-312501           Taxes Ad Valorem-05-06                                                        $4,000
284340-469901           Pay to Fire Dist. – Foscoe                                 $4,000
283101-312504           Taxes Ad Valorem-05-06                                                        $1,500
284340-469904           Pay to Fire Dist. – Beaver Dam                         $1,500
283101-312506           Taxes Ad Valorem-05-06                                                        $1,000
284340-469906           Pay to Fire Dist. – Zionville                                $1,000
283101-312507           Taxes Ad Valorem-05-06                                                        $2,500
284340-469907           Pay to Fire Dist. – Cove Creek                          $2,500
283101-312508           Taxes Ad Valorem-05-06                                                        $1,000
284340-469908           Pay to Fire Dist. – Shawneehaw                        $1,000
283101-312512           Taxes Ad Valorem-05-06                                                        $1,000
284340-469912           Pay to Fire Dist. – Blowing Rock                       $1,000
 
            The amendment recognized additional fire tax district revenues and payments to volunteer fire departments above the Tax Administrator’s projections.
 
            Account #                    Description                                                           Debit             Credit
219930-461100           Emergency Communications                                                   $13,242
219800-498010           Transfer to the General Fund                            $13,242
103980-398121           Transfer from Capital Reserve                                                 $13,242
104311-451000           Capital Outlay-Equip.                                      $13,242
 
            The amendment transferred funds from the Capital Reserve Fund to the General Fund to cover the costs of replacing a repeater/base radio for rescue squad communications with the Watauga County Communications Dispatch Center. The equipment failed on June 17, 2006, and required immediate replacement per Lisa Danner, Fire Marshal/Emergency Management Director.
 
            Account #                    Description                                                           Debit             Credit
174920-449900           Residence Rehab                                             $60,000
174920-449901           Clearance Activities                                         $10,500
174920-449902           Relocation Expenses                                      $286,000
174920-449903           Planning                                                             $3,500
174920-449905           Grant Administration                                        $40,000
173492-336000           CDBG-Housing Rehabilitiation                                              $400,000
 
            The amendment recognized carryover funds for the CDBG grant.
 
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
PLANNING & INSPECTIONS MATTERS
 
            A.        Amendments to the Proposed Wind Ordinance – Mr. Joe Furman reviewed changes to the proposed Watauga County Ordinance to Regulate Wind Energy Systems and announced that a public hearing was scheduled for the July 18, 2006, Board meeting.
 
            This report was for information only with no action required at this time.
 
            B.         Appalachian Enterprise Center Grant Application Update – Mr. Joe Furman reported that the pre-application to the Rural Center was approved and the County was invited to submit a full application for funding for renovations to the Appalachian Enterprise Center Business Incubator. Mr. Furman also stated that a grant was to be forthcoming from the Appalachian Regional Commission in the amount of $200,000 for the same project. Mr. Furman stated that approval had been given to apply to the Rural Center and, at this time, approval was requested to submit an application to Appalachian Regional Commission for the $200,000 balance of the project.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the full application to the Rural Center and approve the application to the Appalachian Regional Commission as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
ADOPTION OF FISCAL YEAR 2007 BUDGET ORDINANCE
 
            County Manager Nelson reviewed the Fiscal Year 2007 Budget Ordinance.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the Fiscal Year 2007 Budget Ordinance as presented.
 
VOTE:   Aye-3(Deal, Winkler, Kinsey)
              Nay-1(Blust)
              Absent-1(Honeycutt)
 
DISCUSSION OF DMV TAG OFFICE
 
            Mr. Geouque reported on the latest developments in the DMV application process. Mr. Geouque stated that the NCDMV was in the process of redeveloping their application and gearing it toward local government contracting. Mr. Geouque stated that upon receipt of the new application he planned to resubmit the County’s request to operate a tag office in Watauga County.  
 
            This report was for information only.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        LawEnforcementCenter Change Order Request – County Manager Nelson reviewed change order # 21 which was a deductive change order in the amount of $11,235 that deleted the concrete ramp to the kitchen. In that the renovations to the kitchen were delayed for several years in order to determine the best use of the site, the ramp was not needed at this time.
 
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve change order #21 for the Law Enforcement Center project which was to deduct $11,235 from the contract amount.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            B.         Discussion of Charter Cable Rate Increases – County Manager Nelson stated that notification was received from Charter Communications regarding upcoming rate increases to local customers. The County Manager stated that a proposed bill was currently under consideration in the North Carolina Legislature which, if passed, was to strip all local authority regarding cable franchises and was to be retroactive to July 1, 2006.
 
            Pending outcome on the cable bill, by consensus, the Board did not call for action on a public hearing at this time.
 
            C.        Boards and Commissions – County Manager Nelson stated that Ms. Evelina Idol’s term to the Watauga County Adult Care Home Community Advisory Committee expired June 17, 2006. The County Manager stated that Ms. Idol had indicated her willingness to continue to serve if reappointed.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to waive a second reading and reappoint Ms. Idol to the Watauga County Adult Care Home Community Advisory Committee for a three-year term.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            County Manager Nelson stated that Mr. Rob Holton and Mr. Harry Davis’ terms on the Economic Development Commission were to expire this month. The County Manager stated that both were eligible and willing to serve another term if reappointed.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to waive a second reading and reappoint Mr. Holton and Mr. Davis to the Economic Development Commission for three-year terms each.

VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            County Manager Nelson stated that Ms. Mary “Bo” Bolick and Ms. Gayle Turner’s terms as ETJ representatives on the Boone Area Planning Commission were to expire this month. The County Manager stated that both were willing to serve another term if reappointed.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to waive a second reading and reappoint Ms. Bolick and Ms. Turner to the Boone Area Planning Commission for four-year terms each.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            County Manager Nelson stated that Appalachian State University Chancellor Peacock had requested that Mr. Gregory Lovins be appointed as ASU’s representative on AppalCART’s Advisory Board.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to waive a second reading and appoint Mr. Lovins as ASU’s representative to AppalCART’s Advisory Board.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            County Manager Nelson stated that the appointments of Mr. James Marsh, an ETJ alternate member, and Mr. Earl Keller, an ETJ regular member; to the Boone Board of Adjustment were to expire this month. The County Manager stated that both were willing to serve another term if reappointed.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to waive a second reading and reappoint Mr. Marsh and Mr. Keller to the Boone Area Planning Commission for three-year terms each.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            County Manager Nelson stated that Mr. James Sanders, an ETJ alternate member on the Boone Board of Adjustment, had resigned his position.
 
            Action was tabled on an appointment to fill the unexpired term of Mr. Sanders as no recommendations for replacement were presented.
 
            D.        IT Professional Services Agreement Request – County Manager Nelson presented a staff-recommended proposed professional services agreement with Beck Disaster Recovery, Inc. to develop a Continuity of Operations Plan, which was to include an IT Disaster Recovery Plan, and update the County Emergency Operation Plan for an amount not to exceed $57,500. The recommendation was contingent upon acquiring the necessary State official signatures on the Memorandum of Agreement for a State Homeland Security Grant Program which was awarded to the county in the amount of $57,500.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the professional services agreement with Beck Disaster Recovery, Inc. contingent upon the acquisition of the necessary State official signatures on the Memorandum of Agreement for a State Homeland Security Grant Program which was awarded to the county in the amount of $57,500 and contingent upon the County Attorney’s review.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            E.         LandfillMonitoringReport– County Manager Nelson presented the executive summary of the recently completed landfill monitoring report. The County Manager stated that the most recent sampling report continued to show that both the size of the plume of the affected area as well as the concentrations of chemicals continued to diminish due to natural attenuation.
 
            By consensus, the Board agreed to accept the report and to approve forwarding to DENR for review.
 
            E.         Announcements – County Manager Nelson       announced that the July 3, 2006, regularly scheduled Board meeting had been cancelled due to the Independence Day holiday.
 
            County Manager Nelson announced that the July 18, 2006, regularly scheduled Board meeting was to be held as scheduled at 6:00 P.M. in the Commissioners’ Board Room, Watauga County Administrative Building.
 
            County Manager Nelson announced that the NCACC Annual Conference was scheduled to be held in Winston-Salem, North Carolina, on September 7-10, 2006.
 
            County Manager Nelson announced a Legislative Alert from the NCACC regarding a revision to House Bill 1827 which could potentially cost Watauga County $361,147.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 7:03 P.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6); 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, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 7:27 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
VETERANS SERVICE OFFICER APPOINTMENT
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Ms. Donna Lyons as the Veterans Service Officer effective July 1, 2006, at a salary of $43,500 which was to include the COLA for FY 2007.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 7:29 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Kinsey)
              Nay-0
              Absent-1(Honeycutt)
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board