MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 21, 2004
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 21, 2004, at 7:00 P.M. in the Board Room of 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 Fogle, Clerk to the Board
 
            Chairman Coffey called the meeting to order at 7:01 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 September 7, 2004, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the September 7, 2004, regular meeting and closed session minutes as presented.
 
VOTE:    Aye-5
               Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions and/or corrections to the September 21, 2004, agenda.
 
            County Manager Nelson requested to add consideration of a draft resolution authorizing financing for sanitation equipment under Miscellaneous Administrative Matters.
 
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the September 21, 2004, agenda as amended.
 
VOTE:    Aye-5
               Nay-0
 
PUBLIC HEARING TO CONSIDER THE ORDINANCE TO REGULATE WILD AND DANGEROUS ANIMALS AND TO CONSIDER AN ORDINANCE AMENDMENT TO THE WATAUGACOUNTY ANIMAL CONTROL ORDINANCE
 
Chairman Coffey declared a public hearing open at 7:03 P.M. to allow citizen input on the draft Wild and Dangerous Animals Ordinance and the proposed amendment to the Watauga County Animal Control Ordinance.
 
            Assistant County Manager Geouque reviewed the proposed ordinance and ordinance amendment.
 
            Ms. Joyce Lewis and Ms. Celeste von Mangan each spoke regarding the Ordinance to Regulate Wild and Dangerous Animals.
 
            There being no further public comment, Chairman Coffey declared the public hearing closed at 7:15 P.M.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adopt the Amendment to the Watauga County Animal Control Ordinance as presented by Mr. Geouque.
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adopt the Ordinance to Regulate Wild and Dangerous Animals to become effective on April 1, 2005.
 
VOTE:    Aye-5
               Nay-0
 
PROGRESS REPORT ON NEW LAWENFORCEMENTCENTER
 
Mr. Jack Hemphill, Architect for the new Law Enforcement Center, presented a progress report on construction to date and gave a time line of the construction schedule. Mr. Hemphill stated that a change order was to be forthcoming due to a request from County staff to have the contractor install the communications tower. The County Manager stated that funding for the tower installation was to be transferred from the communication budget. Mr. Hemphill stated that the occupancy date was still set for July 2005.
 
This report was for information only and therefore no action was required at this time.
 
COURTHOUSE ADDITION FLOOR PLAN AND SCHEDULE REVIEW
 
            Mr. Jack Hemphill, Architect for the courthouse addition, reviewed the previously approved floor plan for the planned courthouse addition and presented and discussed a proposed schedule for construction.
 
            This report was for information only and therefore no action was required at this time.
 
APPALCART FACILITY DISCUSSION
 
            Mr. Turner sought to determine what the County’s plans were for the current facility once AppalCART relocated to the new facility. 
 
            By consensus, the Board agreed to table discussion on this matter until the clarification regarding ownership of the current facility was received from NCDOT as requested by the County Manager.
 
WATAUGA COUNTY CRIMESTOPPERS FUNDING REQUEST

            Sheriff Shook, representing Crimestoppers, requested funding in the amount of $1,000 to be allocated to Crimestoppers to collect information concerning crimes committed in the County.

            Commissioner Trivette, seconded by Commissioner Blust, moved to allocate $1,000 to
Crimestoppers from the administrative contingency fund for Fiscal Year 2005.
 
VOTE:    Aye-5
               Nay-0
 
LAW ENFORCEMENT CENTER CABLING PROPOSAL
 
            Mr. Robert Marsh discussed the following cabling proposals for the new Law Enforcement Center.
 
Vendor
Installation
Annual Maintenance
5 year cost
Charter Communications
$38,850.00
$4,500.00
$66,620.00
Bellsouth
$2,731.14
#34,704.00
$176,251.14
 
            Cabling was to allow a fiber optic network link to the county and court computer systems from the new Law Enforcement Center. It was also to allow for video arraignment to be used by the Magistrates and Court systems thereby preventing the need for physical transportation of the prisoners for arraignment proceedings. Mr. Marsh recommended accepting the proposal from Charter Communications in the amount $38,850 with an annual maintenance agreement of $4,500, the overall least expensive of the two proposals received.
 
            By consensus, the Board agreed to table further discussion until more information was obtained regarding the contract.
 
DEPARTMENT OF SOCIAL SERVICES RECLASSIFICATION REQUEST
 
            Assistant County Manager Geouque presented a reclassification request for three positions in the Department of Social Services as required by the Office of State Personnel. All three positions were classified as a Social Worker III and were to be reclassified as Social Worker Investigative/Assessment and Treatment at an equivalent County salary grade of 16. Two of the three positions were to require salary adjustments in the total amount of $2,978. Mr. Geouque stated that funds were to be taken from the Social Service budget which was to be monitored to determine if a budget amendment was to be needed.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the three new reclassifications and salary adjustments as presented by the Assistant County Manager.
 
VOTE:    Aye-5
               Nay-0
 
WATAUGA COUNTY COMMISSIONERS AWARD OF EXCELLENCE PROGRAM REPORT
 
            Mr. Deron Geouque reviewed a Commissioners’ Award of Excellence Program to recognize employees who performed at a level that was above and beyond what was expected. Mr. Geouque proposed that the award could be made at the Annual Christmas Luncheon or on a floating basis and be presented to the Board at any time throughout the year that a special circumstance so warranted.
 
            County Manager Nelson stated that he would present the program to Department Heads at the next staff meeting with nominations due back by mid-November at which times recommendations were to be brought to the Board for approval.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the Commissioners’ Award of Excellence Program as presented by Mr. Geouque to be funded through the administrative contingency budget and to be reviewed after the first award(s) were given as to when and how many were to be awarded each year.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Cable Television Audit Proposal – County Manager Nelson stated that it had been approximately three years since Charter Cable had been audited to determine if the County was receiving appropriate reimbursements from the franchise fee. The County Manager recommended that the County enter into a contract with Telecommunications Consultants and Associates to conduct such an audit. 
 
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the contract with Telecommunications, Consultants, and Associates in the amount of $2,500 for an audit of Charter Cable regarding the franchise fee due to the County contingent upon the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
B.         Hazard Mitigation Plan Discussion – County Manager Nelson stated that Mr. Seth Norris with the Watauga County Emergency Management Department had scheduled a drop-in information session to allow citizens to ask questions regarding the proposed Hazard Mitigation Plan. No one attended. 
 
By consensus, the Board agreed to set a public hearing to allow public comment on the proposed Hazard Mitigation Plan for the Tuesday, October 19, 2004, Board meeting at 7:00 P.M.
 
C.        Designation of FEMA Agent – County Manager Nelson stated that to be eligible to participate in FEMA programs relevant to recent flood damages, a representative agent must be appointed, by resolution, to represent the County. County Manager Nelson recommended Fire Marshal/Emergency Management Director Lisa Danner as the primary agent with Finance Director Doris Isaacs as the secondary agent. The County Manager read the draft resolution.
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to adopt the resolution naming Lisa Danner as the primary FEMA agent and Doris Isaacs as the secondary FEMA agent representing Watauga County
 
VOTE:    Aye-5
               Nay-0
 
            D.        Vines/McNeill Lawsuit Settlement Report – County Attorney Eggers-Gryder stated that, per direction from the County’s insurance carrier, documents were filed dismissing the lawsuit filed against the County by Jack and Nell Vines and Doris McNeill. Ms. Eggers-Gryder stated that there was no admission of guilt by the County and that County staff performed their jobs properly. The insurance carrier’s decision was based on economics with the cost of continued litigation.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to ratify the settlement and dismissal of the lawsuit filed against the County by Jack and Nell Vines and Doris McNeill as directed by the County’s insurance carrier.
 
VOTE:    Aye-5
               Nay-0
 
            E.         Boards and Commissions – County Manager Nelson gave a second reading of appointments to the Caldwell Community College & Technical Institute Watauga Campus Advisory Committee. Dr. Sandra Anderson recommended reappointment of Mr. Billy Martin, Mr. Harold Tilley, Ms. Mary Hall, Ms. Sherrie Moretz, Mr. Jeff Voss, Dr. Chuck Claxton, Ms. Margaret Jones, and Mr. Denny Norris to this Committee.
 
Commissioner Blust nominated Mr. Bill Rucker in place of Mr. Billy Martin.
 
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to appoint Mr. Bill Rucker and reappoint Mr. Harold Tilley, Ms. Mary Hall, Ms. Sherrie Moretz, Mr. Jeff Voss, Dr. Chuck Claxton, Ms Margaret Jones, and Mr. Denny Norris to the Caldwell Community College & Technical Instititute Watauga Campus Advisory Committee.
 
VOTE:    Aye-5
               Nay-0
 
County Manager Nelson stated that recommendations were to be forthcoming for the two appointments needed for the Blowing Rock Rural Fire Protection District Commission.
 
County Manager Nelson stated that recommendations were to be forthcoming for the remaining appointment needed for the Zionville Fire Protection District Commission.
 
            County Manager Nelson gave a first reading of appointments to the Watauga County Parks and Recreation Commission. Letters were sent by Parks and Recreation soliciting nominations for the following terms that were to expire in December of this year: 
 
            Ms. Laura Johnson representing Cove Creek
            Ms. Becka Saunders representing Bethel
            Mr. Bill Hollingsworth representing Mabel
            Mr. Michael Maybee representing Blowing Rock
            Ms. Maggie McFadden representing the Town of Boone
 
            County Manager Nelson stated that to date two nominations had been received. Bethel School Principal, Mary Tiffany, nominated Carla Duffy to replace Becka Saunders and Mabel School Principal, Brenda Reese, recommended reappointment of Bill Hollingsworth.
 
F.         Announcements – County Manager Nelson announced that NCACC’s immediate past president, Karen Miller, was to be the keynote speaker at Western Carolina University’s Fall Summit on Monday, November 8, 2004, from 8:30 A.M. until 3:00 P.M. in the Ramsey Regional Activity Center. The topic was to be “Renewing America: Restoring the American Community Through Citizen Participation and Civic Engagement”. 
 
            County Manager Nelson stated that a second upset bid had been received from Tom and Mary Adams in the amount of $29,870.  Advertising was to be continued until no upset bid was received.
 
            County Manager Nelson announced that the County sustained the following in damages from the recent flooding. For both storms, 30 homes were destroyed and considered not livable; approximately 40 homes received minor to significant damage; and numerous state roads were affected and/or closed. Total damages for both storms were close to $5,000,000.00.
 
            G.        Resolution Authorizing Finance for Sanitation Equipment – County Manager Nelson stated that at the August 17, 2004, Board meeting an award was given to RBC Centura to finance sanitation equipment. A resolution was required prior to execution of the contract with RBC Centura. The County Manager read the proposed Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with RBC Centura Bank to Finance the Acquisition of Certain Equipment for Use by the County of Watauga, North Carolina, Authorizing the Execution and Delivery of Related Instruments, and Determining Other Matters in Connection Therewith. 
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the resolution as presented.
 
VOTE:    Aye-5
               Nay-0
BREAK
 
            Chairman Coffey called for a short break prior to public comment.
 
PUBLIC COMMENT
 
            Mr. Ken Cone with JobLink introduced himself to the Board and gave a brief description of JobLink.
 
ADJOURN
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adjourn the meeting at 8:36 P.M.
 
VOTE:    Aye-5
               Nay-0
 
                                                                                                James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board