MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 1, 2002
 
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, March 4, 2002 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 J. Fogle, Clerk to the Board
 
            Chairman Hodges called the meeting to order at 9:04 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF AGENDA
 
            County Manager Nelson requested to add to the agenda the following items:
 
            Under Miscellaneous Administrative Matters: A Request From The Department of Transportation to Set a Public Hearing for the Secondary Roads Program for Fiscal Year 2003.
 
            The County Manager also requested to present agenda item number three due to Mr. Marsh having been absent.
 
            Commissioner Lawrence seconded by Commissioner Sweeting, moved to approve the April 1, 2002 agenda as amended.
 
VOTE:    Aye-5
               Nay-0
 
ASBESTOS REMOVAL/CONSTRUCTION DEMOLITION PROPOSAL
 
            County Manager Nelson reviewed a proposal for asbestos removal and construction demolition for the Heilig Meyers Warehouse. The County Manager stated that the purpose of the proposal was two fold. It allowed the removal of all materials down to the framework, thereby allowing access by the structural engineers and architect to perform the studies necessary to assure the project was feasible. Secondly, all asbestos was required to be removed whether the building was rehabilitated or demolished. The recommended proposal was from E. Luke Greene Company, Inc. at a cost of $24,000. The County Manager stated that funds could be transferred from sources already identified for the Heilig Meyers project.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to accept the proposal from E. Luke Greene Company, Inc., contingent upon approval of the contract by the County Attorney.
 
VOTE:    Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
               Nay-1 (Wilkie)
 
PARKS AND RECREATION POOL POLICY AMENDMENT REQUEST
 
            Ms. Deb Wynne, Parks and Recreation Director, reviewed proposed amendments to the Parks and Recreation Pool Policy. Ms. Wynne stated that the new requirement was for all children under age twelve to be accompanied by a responsible adult who is eighteen years old or older. The current policy required all children under the age of eight to be accompanied by an adult.
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the amendment to the Parks and Recreation Pool Policy as presented by Ms. Wynne.
 
VOTE:    Aye-5
               Nay-0
 
SUBDIVISION PERFORMANCE GUARANTEE
                                               
            Mr. Joe Furman reviewed a Subdivision Performance Guarantee for Heavenly Mountain road construction. The Certificate of Deposit replaced the one that had expired and was previously approved by the Board of Commissioners September 19, 2000.
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to approve the performance guarantee as presented.
 
VOTE:    Aye-5
               Nay-0
 
TAX MATTERS
 
A. Collections Report – Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the month of March 2002.
 
B. Refunds & Releases – Tax Administrator Byrd presented the following Refunds and Releases for March 2002 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
 
            Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the Refunds and Releases Report as presented.
 
VOTE:    Aye-5
               Nay-0
 
FINANCE MATTERS
 
A.        Budget Amendments – Finance Director, Doris Isaacs, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            109800-498014           Transfer to Public Assistance                                                    $1,200
            103991-399100           Fund Balance Approp.                                      $1,200
 
            To recognize decrease in JCPC local match. 
 
            Account #                    Description                                                           Debit             Credit
            105550-429200           Program Supplies                                              $2,622
            105550-452000           Capital Outlay-Data Processing                         $1,440
            105550-451000           Capital Outlay-Furn & Equip.                            $1,652
            105550-469514           Contracted Services-Instructor                          $1,600
            105550-432100           Telephone Service                                                $864
            105550-432500           Postage                                                                $135
            105550-434100           Printing                                                                 $162
            105550-458000           Cap. Out.-Bldg. Improvements                          $2,520
            105550-469505           Internet Access                                                     $369
            103586-332004           State Senior Center Grant                                                      $11,364
 
            To recognize the award of State Senior Center Grant award per attached memo.          
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the budget amendments as presented.
VOTE:    Aye-5
               Nay-0
 
            B.         Banking Account Authorization Request – Ms. Isaacs reviewed a banking account authorization request. Ms. Isaacs stated that Northwestern Bank, based in Wilkesboro with a branch office in Boone, recently offered the highest rate of interest for a Certificate of Deposit through the bid process. Northwestern Bank required an authorization resolution endorsed by the Board of County Commissioners.
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to approve authorization for the banking account as presented by Ms. Isaacs.
 
VOTE:    Aye-5
               Nay-0
 
DISCUSSION OF PROPOSING RULES FOR PUBLIC COMMENT
 
            Chairman Hodges stated that he had requested this topic be added to the agenda in order to propose guidelines and rules for public comment sessions. County Manager Nelson presented the Board with an article from Fleming Bell, a faculty member at the Institute of Government, titled “Public Comment at Meetings of Local Government Boards”. Also presented were rules and regulations for public comment sessions in other entities that have responded to an e-mail list serve query.
 
            The Board directed the County Attorney to work on a draft of Rules and Guidelines for public comment sessions.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. Recreation Task Force Funding Request – County Manager Nelson stated that the Recreation Task Force requested $2,000 to match $2,000 that the Task Force has in it’s account for the purpose of doing two studies. The first, for $2,000, was to survey middle school and high school students to develop a teen center. The second, for an additional $2,000, was to be used to hire a consultant to provide a study of operational costs for swimming pools, to be furnished to the County for planning purposes.
 
            Commissioner Wilkie stated that the Task Force received funding from the Juvenile Criminal Partnership Committee (JCPC) for the teen center study. However, the funding for the study on the swimming pool was still needed.
 
            Commissioner Wilkie moved to award the Recreation Task Force $1,000 to study the swimming pool needs of the County.
 
            After discussion, Commissioner Wilkie withdrew her motion and the Board agreed to table discussion until a future meeting at which a member of the Task Force could be present to answer questions.
 
            B. Prison Relocation Report – County Manager Nelson stated that at the Annual Pre Budget Retreat he received instruction to proceed with plans for the relocation of the Jail and Sheriff’s Department to the Hodges Gap Road Prison site. The first step was to request that the existing buildings be declared surplus from the State Property Office. This was a four-step process that had to go from the Regional DOT to the State DOT to the State Property Office and then to the Council of State for approval to declare the building surplus prior to obtaining permission to demolish.
 
            County Manager Nelson also stated that the Prison Camp Property was zoned Rural/Agricultural and was in the Town of Boone’s extraterritorial jurisdiction. Therefore, a conditional use permit must be requested from the Town of Boone Board of Adjustment. The County Manager stated that this process would require a fairly detailed site plan as to the location of the building, parking areas, entrances, etc. In that the demolition of the existing buildings will bear significant costs, the Manager recommended proceeding with obtaining a site plan and requesting a conditional use permit prior to demolition.
 
            Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to proceed with architect selection for the site plan in a way in which the project could be stopped at no further cost to the County if a conditional use permit could not be obtained.
 
VOTE:    Aye-5
               Nay-0
 
C. AppalCART Public Hearing Request – County Manager Nelson stated that Mr. Chris Turner with AppalCART requested a Public Hearing be set to consider the Rural Operating Assistance Program for FY 2002/2003. Mr. Turner requested that the Public Hearing be scheduled for the April 16, 2002 Commissioners Meeting.
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to schedule a Public Hearing for the April 16, 2002 meeting of the Board of Commissioners to consider the Rural Operating Assistance Program for FY 2002/2003.
 
VOTE:    Aye-5
               Nay-0
 
D. Department of Transportation Public Hearing Request – County Manager Nelson stated that Mr. Martin Bolick with the Department of Transportation requested a public hearing be set to consider the Secondary Road Program for FY 2003 at the May 6, 2002, 9:00 A.M. Commissioners Meeting.
 
            After discussion, Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to set a public hearing for the May 21, 2002, 7:00 P.M. Commissioners Meeting to consider the Secondary Road Program for FY 2003.
 
VOTE:    Aye-5
               Nay-0
 
            E. Boards and Commissions – County Manager Nelson stated that there was a vacancy on the Watauga County Nursing Home Community Advisory Committee and that solicitations were requested by Alex Jernigan, Region D Council of Governments Ombudsman.
 
            The County Manager stated that Ms. Sue Wilmoth was recommended for reappointment to the Watauga County Economic Development Board for a three-year term and that Mr. Larry Hughes was recommended for appointment to the Economic Development Board for a three-year term to replace Mr. John Brubaker who completed his sixth consecutive year of service and therefore was no longer eligible for reappointment.
 
            This was the first reading of the above recommendations and therefore no action was required until the next Board meeting.
 
            F. Announcements – County Manager Nelson stated The Chamber of Commerce Annual Legislative Outlook Conference was scheduled for April 8, 2002, at 8:00 A.M. at the Daniel Boone Inn.
 
            The Annual Meeting of the Friends of the Watauga County Library is scheduled for April 7, 2002, at 1:30 P.M. at the Watauga County Library. The speaker is Joseph Bathanti whose book is “East Liberty” about a boy growing up in Pittsburgh.
 
CLOSED SESSION
 
            At 9:55 A.M., Commissioner Lawrence, seconded by Commissioner Sweeting, moved to enter Closed Session to discuss Personnel Matters, per G.S. 143-318-11(a)(6) and Attorney/Client Matters, per G.S. 143-318-11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            [Clerk’s note: Commissioner Lawrence left the meeting during Closed Session at 10:35 A.M. to attend a funeral.]
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to resume the open meeting at 10:37 P.M.
 
VOTE:    Aye-4 (Hodges, Coffey, Sweeting, Wilkie)
               Nay-0
               Absent-1 (Lawrence)
 
ADJOURN
 
            Commissioner Sweeting seconded by Commissioner Wilkie, moved to adjourn the meeting at 10:37 A.M.
 
VOTE:    Aye-4 (Hodges, Coffey, Sweeting, Wilkie)
               Nay-0
               Absent-1 (Lawrence)
 
 
                                                                                                Jimmy Hodges, Chairman
 
ATTEST:
 
Anita J. Fogle, Clerk to the Board