MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 18, 2003
 
            The Watauga County Board of Commissioners held, on Tuesday, February 18, 2003, a regular meeting at 7:00 P.M. in the Commissioners Meeting Room at the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                Jimmy Hodges, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                                Allen Trivette, Commissioner
                                                Rebecca Eggers-Gryder, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Coffey called the regular meeting to order at 7:00 P.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions and/or corrections to the February 3, 2003, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 3, 2003, regular meeting and closed session minutes as presented.
 
VOTE:    Aye-5
               Nay-0
 


APPROVAL OF AGENDA
 
            Chairman Coffey called for additions or corrections to the February 18, 2003 agenda.
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the February 18, 2003 agenda as presented.
 
VOTE:    Aye-5
               Nay-0
 
PUBLIC HEARING – AMBULANCE FRANCHISE ORDINANCE AMENDMENT
 
            A public hearing was opened at 7:01 P.M. to allow citizen input on the proposed Ambulance Franchise Ordinance Amendment.
 
            County Manager Nelson stated that the amendment reflected a change in the overall umbrella insurance coverage from the current amount of $5,000,000 to the new available amount of $4,000,000. This was the only change proposed for the Ordinance.
 
            There being no public comment, Chairman Coffey declared the public hearing closed at 7:03 P.M.
 
            Commissioner Blust, seconded by Vice-Chairman Hodges, moved to adopt the Amendment to Ambulance Franchise Ordinance as presented
 
VOTE:    Aye-5
               Nay-0
 
            County Manager Nelson stated that due to the amendment being for a franchise ordinance, approval was required at two successive meetings before the amendment would become effective. Therefore, the Amendment to Ambulance Franchise Ordinance will be presented for a second time at the next regular Board meeting scheduled on March 3, 2003.
 
WATAUGA MEDICS ANNUAL REPORT
 
            Mr. Craig Sullivan presented the 2003 Annual Report for Watauga Medics. The report was for information only and therefore, no Board action was required.
 
CALDWELL COMMUNITY COLLEGE & TECHNICAL INSTITUTE (CCC&TI) – WATAUGA CAMPUS FUNDING REQUEST
 
            Dr. Ken Boham presented a formal request for use of $735,262 that was in the County’s capital reserve fund for community college projects. The funds were used for site preparation, paving, landscaping and the purchase and installation of 12 modular classroom units.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the funding request for $735,262 with funds to be allocated only as expenses were incurred and upon the County’s receipt of the bills.
 
VOTE:    Aye-5
               Nay-0
 
DISCUSSION OF THE NEW RIVER BEHAVIORAL HEALTHCARE AREA PLAN
 
            Mr. Don Suggs reviewed requirements for developing a local plan necessitated by the State Plan 2002: Blueprint for Change North Carolina’s State Plan for Reform of Mental Health. The report was for information only at this time and therefore no Board action was required. Mr. Suggs stated that he would present the local business plan, for Board approval at the March 18, 2003 meeting.
 
BUDGET AMENDMENTS
 
County Manager Nelson presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            213980-398100           Transfer from General Fund                           $200,000
            213991-399101           Fund Bal. Approp.-New                                                      $244,844
            219800-498010           Transfer to General Fund                               $244,844
            219930-481600           Health Dept.-Rock                                                               $200,000
            109800-498021           Transfer to Capital Reserve                                                  $200,000
            103980-398121           Transfer from Capital Reserve                                              $244,844
            104267-458000           Capital Outlay-Bldg. Const.                           $444,844
 
            The amendment transferred funds from the Capital Reserve to the General Fund for additional expenses on the Health Department Building for rock removal. These funds were to cover Change Order 2 & 3.
 
            Account #                    Description                                                           Debit             Credit
            133593-359003           PSFF-Cove Creek                                                              $102,819
            133593-359004           PSFF-WHS                                                                        $224,339
            135912-459003           Cove Creek Boiler                                        $102,819
            135912-459004           WHS Boiler Replacement                              $224,339
 
            The amendment recognized the balance of unspent funds at 06-30-02 on the two projects being funded from the Public School Facilities Fund.
 
            Account #                    Description                                                           Debit             Credit
            145480-438800           CIP-Energy Assistance                                      $7,206
            143531-323000           Admn. & Cost Reimb.                                       $3,906
            145350-440900           Special Adult Daycare                                                            $11,112
 
            The amendment recognized an increase in the Crisis Intervention Prevention funding and a decrease in Special Adult Daycare funding. These funds were expended locally and then reimbursed by the state from federal pass through funds.
 
            Account #                    Description                                                           Debit             Credit
            283101-312201           Taxes Ad Valorem-02-03                                                        $8,000
            284340-469901           Pay. To Fire Dist.-Foscoe                                 $8,000
            283101-312205           Taxes Ad Valorem-02-03                                                        $2,000 284340-469905            Pay. To Fire Dist.-St. Simmons                                                              $2,000
            283101-312206           Taxes Ad Valorem-02-03                                                        $5,000
            284340-469906           Pay. To Fire Dist.-Zionville                                $5,000
            283101-312207           Taxes Ad Valorem-02-03                                                        $6,500
            284340-469907           Pay. To Fire Dist.-Cove Creek                          $6,500
            283101-312208           Taxes Ad Valorem-02-03                                                        $2,800
            284340-469908           Pay. To Fire Dist.-Shawneehaw                         $2,800
            283101-312209           Taxes Ad Valorem-02-03                                                        $4,800
            284340-469909           Pay. To Fire Dist.-Meat Camp                          $4,800
            283101-312210           Taxes Ad Valorem-02-03                                                        $5,000
            284340-469910           Pay. To Fire Dist.-Deep Gap                             $5,000
            283101-312211           Taxes Ad Valorem-02-03                                                        $2,800
            284340-469911           Pay. To Fire Dist.-Todd                                    $2,800
            283101-312219           Taxes Ad Valorem-02-03                                                           $600
            284340-469919           Pay. To Fire Dist.-Creston                                    $600
 
            The amendment recognized additional fire tax district revenue and payment to volunteer fire departments.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
SUBDIVISION PERFORMANCE GUARANTEE
 
            Mr. Joe Furman presented a letter of credit that served as a performance guarantee for the final plat for Cabin Cove (being developed by Doe Ridge Properties, Inc.). The performance guarantee was for completion of the roads and other required improvements.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:    Aye-5
               Nay-0
 
REVIEW OF DRAFT ORDINANCE TO REGULATE HIGH IMPACT LAND USES
 
            Mr. Joe Furman reviewed the changes to the Draft Ordinance to Regulate High Impact Land Uses as directed at the last Board meeting. The main change was the addition of a 1500-foot spacing requirement for high impact land uses from schools as well as nursing and daycare facilities as inserted on page seven of the draft ordinance. Mr. Furman stated that it appeared that the 1500-foot spacing requirement worked and still left ample spaces for the high impact land uses.
 
            The Board directed Mr. Furman to re-word the definition for Explosives Manufacturing to exempt hand-loaded small arms ammunition.
 
            Chairman Coffey, seconded by Commissioner Trivette, moved to change Article II Section 1(k) in the Draft Ordinance to Regulate High Impact Land Uses to the following: Commercial/Industrial development with aggregate building footprint 50,000 square feet or greater.
 
            After discussion, the following vote was taken:
 
VOTE:   Aye-4 (Blust, Coffey, Honeycutt, Trivette)
              Nay-1 (Hodges)
 
            By consensus, the Board agreed to set a public hearing to allow public input on the proposed Ordinance to Regulate High Impact Land Uses for March 18, 2003, at 7:00 P.M. in the large courtroom.
 
“YEAR OF PRIDE” INITIATIVE DISCUSSION
 
            Assistant County Manager Geouque reported on activities to date concerning the “Year of Pride” Initiative. The Assistant County Manager stated that the County already had in place a Swap Shop and two Hazardous Waste Collection Days a year. The Assistant County Manager stated that he had attended a MountainKeepers meeting in which several agencies were named as working on projects geared toward keeping Watauga County clean and litter-free. The Board directed the Assistant County Manager to continue networking with the agencies already involved in like-projects.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A. Discussion of Board of Equalization and Review Appointments – County Manager Nelson stated that in the past, the Board of Commissioners served as the County’s Board of Equalization and Review, however, a special Board could be appointed to serve. No action was required at this time and the Board scheduled action at their March 3, 2003 Board meeting.
 
            B. Williamsons’ Public Water Funding Request – County Manager Nelson reported that Ms. Greer-Darnell had tentatively agreed to allow the County to purchase the needed right-of-way (for $5,000) for the tap on to the Town of Boone water system for the Williamsons’. The process will proceed upon receipt of the necessary forms from the Town of Boone.
 
            C. Boards and Commissions – County Manager Nelson stated that the following recommendations were made for appointment to the Local Emergency Planning Committee (LEPC):
 
            Mr. G.W. Barker (WATA) representing Media and replacing Mr. Justin Grimes
            Mr. David Tucker (USDA) representing Agriculture and replacing Mr. Al Childers
 
            Ms. Lisa Danner, Fire Marshal, serving as the Interim Chairperson for the committee.
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to appoint Mr. G.W. Barker and Mr. David Tucker to the Local Emergency Planning Committee (LEPC).
 
VOTE:    Aye-5
               Nay-0
 
            D. Announcements – County Manager Nelson announced upcoming meetings that Board members may wish to attend.
 
PUBLIC COMMENT
 
            Mr. Ralph Grosswald and Ms. Pam Williamson spoke.
 
 
 
CLOSED SESSION
 
            At 8:25 P.M., Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to enter into Closed Session to discuss Land Acquisition, per G. S. 143-318-11(a)(5)(i) and Attorney/Client Matters, per G. S. 143-318-11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to resume the open meeting at 9:37 P.M.
 
VOTE:    Aye-5
               Nay-0
 
LAWSUIT SETTLEMENT AGREEMENT
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to accept the Settlement Agreement for Watauga County vs. Danny Plyler vs. Sandra Glover (02 CVS 512) contingent upon Ms. Glover’s acceptance of said agreement. The settlement agreement was presented by County Attorney Eggers-Gryder as a result of court ordered mediation.
 
VOTE:    Aye-5
               Nay-0
 
ADJOURN
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to adjourn the meeting at 9:40 P.M.
 
VOTE:    Aye-5
               Nay-0
 
                                                                                                James Coffey, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board