MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 2, 2001
 
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, July 2, 2001 at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       Jimmy Hodges, Chairman
James Coffey, Vice-Chairman
Jack Lawrence, Sr., Commissioner
                                                Sue Sweeting, Commissioner
                                                Pat Wilkie, Commissioner
                                                Jeff Hedrick, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Anita Fogle, Clerk to the Board
 
            Chairman Hodges called the meeting to order at 9:00 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Hodges called for additions or corrections to the June 19, 2001 regular meeting minutes and the June 19, 2001 closed session meeting minutes.
 
            Commissioner Wilkie noted that a number was transposed under budget amendments in the June 19, 2001 regular meeting minutes and requested that the minutes be amended to show the correct amount.
 
            Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the June 19, 2001 regular meeting minutes as amended and the June 19, 2001 closed session minutes as presented.
 
VOTE: Aye-5
                    Nay-0
 
APPROVAL OF JULY 2, 2001 AGENDA
 
            Chairman Hodges called for additions or corrections to the July 2, 2001 agenda.
 
            County Manager Nelson requested to add another item to the scheduled Closed Session to discuss Attorney/Client Matters – G.S. 143-318.11(a)(3) concerning the Ambulance Service Law Suit.
 
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to approve the July 2, 2001 agenda as amended.
 
VOTE: Aye-5
                    Nay-0
 
UNIVERSITY HIGHLANDS PROPERTY TAX APPEAL
 
            Mr. Anthony di Santi, representing the Appalachian Student Housing Incorporation, University Highlands, requested consideration of the application for tax-exempt status for the apartment complex formerly known as University Courtyard. The Board, serving in a quasi-judicial capacity, received evidence which is recorded on a video tape, and is made a part here of by reference.
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to table further proceedings regarding the University Highlands Tax Appeal until a future meeting.
 
VOTE: Aye-5
                    Nay-0
 
COURTHOUSE CHILLER CONTRACT
 
            County Attorney Hedrick requested to add to the agenda discussion concerning the contract to replace the Courthouse chiller.
 
            It was the consensus of the Board to allow discussion on the Courthouse chiller.
                                                                                                          
            County Attorney Hedrick stated that in order to save on cost the Board could require a Letter of Credit from Mountaineer Sheet Metal Co., Inc, for replacement of the Courthouse chiller system in place of a performance bond. Mountaineer Sheet Metal Co., Inc. has also agreed to remove the old chiller system at no extra cost.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to accept a Letter of Credit from Mountaineer Sheet Metal Co., Inc., in place of a performance bond for replacement of the Courthouse Chiller.
 
VOTE: Aye-5
                    Nay-0
 
TAX MATTERS
 
A.                     Monthly Collections Report – Tax Administrator, Larry McLean, presented the Tax Collections Report for the month of June 2001.
 
B.         Releases and Refunds – Tax Administrator McLean presented the following Refunds and Releases for June 2001 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the Refunds and Releases Report as presented.
 
 
VOTE: Aye-5
                    Nay-0
 
            Mr. McLean announced that, due to his retirement, July 2, 2001 was his last day as the Watauga County Tax Administrator. Mr. McLean commended and offered appreciation to all with whom he worked.
       
BRUSH GRINDING BIDS
 
            J. V. Potter, Operation Services Director, presented bids to the Board received for brush grinding at the landfill. Four bids were received as follows:
 
                        JW Hampton Company Inc........................................ $32,720.00
                        Eggers Construction.................................................... $31,950.00
                        Hensons’ Inc.............................................................. $25,995.00
                        AERRCO.................................................................. $22,459.50
 
The least expensive bid was from AERRCO for $22,459.50. Mr. Potter provided the Board with comments from references for AERRCO and requested that the Board accept AERRCO’s bid.
 
            Commissioner Sweeting seconded by Commissioner Wilkie, moved to accept the bid from AERRCO as presented for brush grinding services at the Landfill contingent upon the County Attorney’s approval of the contract.
 
VOTE: Aye-5
                    Nay-0
 
PROPOSED RESOLUTION ENDORSING THE ENACTMENT OF AN ADDITIONAL ONE CENT LOCAL OPTION SALES TAX
 
            County Manager Nelson stated that a Resolution Endorsing the Enactment of an Additional One-Cent Local Option Sales Tax had been drafted per Commissioner request to forward to the North Carolina General Assembly.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to adopt the Resolution Endorsing the Enactment of an Additional one-cent local option sales tax as presented.
 
            Commissioner Lawrence stated that the Board currently had no plans to adopt an additional one-cent sales tax in Watauga County but that they wanted to support the Resolution for those counties that needed it.
 
VOTE: Aye-5
                    Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. Surplus Weapons Request – County Manager Nelson stated that Sheriff Lyons requested that the weapons listed below be declared surplus. The Sheriff also requested approval to trade said weapons for ammunition and holsters to be used by his department.
 
            SKS 7.62 39 caliber, serial# 9352432T, made by Norinco of China
            SKS 7.62 39 caliber, serial # 21037800, made by Norinco of China
            SKS 7.62 39 caliber, serial # ES30460, made by MAADI of Egypt
            SKS 7.62 39 caliber, serial # 24019823N, made by Norinco Poly of Atlanta, GA
            Winchester 410 ga, model 37A, serial # C178651
            Stevens, 12 ga pump action shotgun, model 67L, serial # E790450
            FIE 22 caliber, model E-15, serial # 1084700
            Charter Arm 38 caliber, model Police Bulldog, serial # 323639
            Jones Import 22 caliber, “(Junk)” serial # 717665
            H&R 22 caliber, model 922, serial # P20455
            Raven Arms 25 caliber, model 922, serial # P20455
            S&W, 357 Mag-Stainless, model 65, serial # AYC8925
            S&W, 38 caliber, special model 10, serial # D646478
            S&W, 38 caliber, special-stainless, model 67 serial # 5K48945
            Rossi, 38 caliber, special-stainless, model 851, serial # J152214
            S&W, 38 caliber, special-stainless, model 64, serial # 47891
            Jennings, 380 semi-auto, stainless, model 48, serial # 817833
            S&W, 44 mag, stainless, model 629, serial # N875433
            H&R, 22 caliber, stainless, model 929, serial # AU078182
            H&R, 22 caliber, blue finish, model 929, serial # AS44865
            High Standard, 22 caliber, blue finish, model 009, serial # MO47623
            Heritage, 22 caliber, blue finish, model Rough Rider, serial # HR65005
            Titan, 25 caliber, semi-automatic, model (none), serial # M108197
            Beretta, 25 caliber, semi-automatic, model 950BS, serial # BER95737
            Lorcin, 380 caliber, semi-automatic, nickel, model L380, serial # 259407
            Bersa, 380 semi-automatic, model 83, serial # 201695
            Bersa, 22 caliber, semi-automatic, model 644, serial # 033093
            Titan, (FIE) 22 caliber, semi-automatic, model (none), serial # E012778
            Colt, 25 caliber, semi-automatic, model (none), serial # 187984
            Taurus, 38 special, model (none), serial # 707404
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to declare the weapons presented as surplus property and to allow Sheriff Lyons to trade said weapons for ammunition and holsters.
 
VOTE: Aye-5
                    Nay-0
 
            B. Voting Delegate NCACC Annual Conference – County Manager Nelson stated that a voting delegate representing Watauga County at the North Carolina Association of County Commissioners Annual Conference in Fayetteville August 9-12, 2001 needed to be designated. 
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, made a motion to designate Vice-Chairman Coffey as the voting delegate representing Watauga County at the North Carolina Association of County Commissioners Annual Conference in Fayetteville, August 9-12, 2001.
 
VOTE: Aye-5
                     Nay-0
 
            C. Discussion of 2nd July Meeting – County Manager Nelson stated that traditionally the Board of County Commissioners has cancelled the second meeting in July. The reason for the historical cancellation was the number of meetings and special sessions required for Board of Equalization and Review and Budget preparation during the month of June each year. Also, due to the beginning of the new fiscal year, requested agenda items for consideration were limited
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to cancel the second meeting in July with the stipulation that if deemed necessary a meeting would be called.
 
VOTE: Aye-5
                    Nay-0
 
            D. Resolution Request – “If All of Watauga County Read the Same Book” – County Manager Nelson stated that Betty Sammis, Director of the Watauga County Library had requested for consideration a resolution of endorsement of the book A Lesson Before Dying by Ernest Gaines and had requested Watauga County to share a community reading experience by resolving the month of September as “If All of Watauga County Read the Same Book” month. 
 
            Commissioner Lawrence, seconded by Commissioner Wilkie, made a motion to adopt the resolution as presented and to endorse the reading of the book A Lesson Before Dying by Ernest Gaines.
 
            Commissioners Lawrence and Wilkie both stated that they had read the book and considered it worthy of endorsement.
 
VOTE: Aye-5
                    Nay-0
 
E. Boards and Commissions – County Manager Nelson stated that the Caldwell Community College & Technical Institute Board Chairman had endorsed and requested that Phyllis Foster be re-appointed to the Caldwell Community College and Technical Institute Board of Directors representing Watauga County.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to reappoint Ms. Phyllis Foster to the Caldwell Community College and Technical Institute Board of Directors.
 
VOTE: Aye-5
                    Nay-0
 
 
            County Manager Nelson stated that the Region D Workforce Development Board advised that Ms. Sandra Reese and Ms. Pam Meyer representing community based organizations were willing to be reappointed to the Board. 
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, made a motion to re-appoint Ms. Sandra Reese and Ms. Pam Meyer to the Region D Workforce Development Board as presented.
 
            Chairman Hodges stated that the appointments were his to make but that he conceded with the motion and called for the vote.
 
VOTE: Aye-5
                    Nay-0
 
            County Manger Nelson stated that Mr. Glenn Hodges, Watauga County Clerk of Court, had endorsed and requested that Mr. Ted Hagaman be reappointed to the Jury Commission.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to re-appoint Mr. Ted Hagaman to the Jury Commission as presented.
 
VOTE: Aye-5
                    Nay-0
 
            F. Work First Program Surplus Vehicles Request – County Manager Nelson stated that at a previous Board meeting, several vehicles from the Sheriff’s Department were declared as surplus. By consensus, the Board decided that if determined as useable, some of the vehicles could be used in the County’s Work First program. Pat Coley, Work First Social Worker, requested to have the three vehicles listed below, which had been declared surplus, titled to the Children’s Council to be used for the car assistance project for Work First participants in the County. 
 
            1990          FORD           CROWN VICTORIA           2FACP72GZMX171647
            1994          FORD           CROWN VICTORIA           2FALP71W4RX159412
            1994          FORD           CROWN VICTORIA           2FALP71W4RX159614
 
            After discussion, Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to title the three vehicles listed above to the Children’s Council to be used for Work First participants in Watauga County as presented.
 
VOTE: Aye-5
                    Nay-0
 
G. Discussion of Work Session to Review Countywide Water and Wastewater Study – County Manager Nelson stated that at the last meeting the Board expressed the need for a work session to review the Countywide Water and Wastewater Study as prepared by Draper Aden, Inc.  
 
After discussion, it was the consensus of the Board to review the Study and discuss the need for a Work Session at the August 6, 2001 meeting.
 
            H. WataugaNet Space Request – County Manager Nelson stated that WataugaNet has planned to apply for a grant to establish a Community Technology Center to allow access in the Western part of the County to high speed Internet access. The grant would fund eight (8) to ten (10) computers and instructional staff to conduct training and supervise use. No local match was required, however, WataugaNet had asked for a commitment to donate space in the old Cove Creek gym. An approximate six hundred (600) square foot room exist at the rear of the gym that was used on a limited basis by Parks and Recreation for conferences and training. The Parks and Recreation Department agreed that community access to computers at the gym was an appropriate use of the facility and would not interfere with any planned use of the room by the Recreation Department. 
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, made a motion to allow WataugaNet access to the room at the rear of the Cove Creek Gym for use as a Community Technology Center for a one-year period of time as presented, with the stipulation that the Center be open often and be well publicized.
 
VOTE: Aye-5
                    Nay-0
 
I. Announcements – County Manager Nelson stated that the 94th Annual North Carolina Association of County Commissioners Conference was held in Fayetteville, August 9-12, 2001. County Manager Nelson requested that Board members contact the Clerk to the Board to make arrangements for this conference by July 2, 2001.
 
            Commissioner Sweeting excused herself from the meeting at 10:29 A.M. as she had to go out-of-town.
 
CLOSED SESSION
 
            At 10:30 A.M., Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to enter Closed Session, after a 10 minute recess, to discuss: Land Acquisition, G.S. 143-318.11(a)(5)(i); Personnel Matters, G.S. 143-318311 (a)(6); and Attorney/Client Matters – G.S. 143-318.11(a)(3).
 
VOTE: Aye-4
                     Nay-0
                     Absent-1 (Sweeting)
 
            Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to resume the open meeting at 11:45 A.M.
 
VOTE: Aye-5
                    Nay-0
                    Absent-1 (Sweeting)
 
 
 
APPOINTMENT OF THE WATAUGA COUNTY TAX ASSESSOR/ADMINISTRATOR/ COLLECTOR
 
            Kelvin Byrd, Watauga County Appraisal Director/Revaluation Coordinator, was offered the position of Watauga County Tax Assessor/Administrator/Collector.
 
            After discussion, Commissioner Lawrence, seconded by Commissioner Wilkie, moved to appoint Kelvin Byrd to the position of Watauga County Tax Assessor/Administrator/Collector for a two (2) year appointment at an annual salary of $51,000.
 
VOTE: Aye-5
                     Nay-0
                     Absent-1 (Sweeting)
 
            Mr. Byrd took the Oath to the Office of Tax Administrator/Assessor/Collector.
 
ADJOURN
 
            Commissioner Wilkie, seconded by Commissioner Lawrence, moved to adjourn the meeting at 11:55 A.M.
 
VOTE: Aye-4
                    Nay-0
                    Absent-1 (Sweeting)
 
 
 
 
 
                                                                                                __________________________
                                                                                                Jimmy Hodges, Chairman
ATTEST:
 
 
 
_____________________________
Anita J. Fogle, Clerk to the Board