• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 22, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 22, 2005, at 6:00 P.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                    Andrea Capua, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                    Anita Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 6:02 P.M. welcoming those in attendance.
 
            Clerk’s Note: Commissioner Kinsey was hospitalized in Charlotte, N.C. and therefore was 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 March 7, 2005, regular meeting minutes and the March 7, 2005, closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the March 7, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the March 7, 2005, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the March 22, 2005, agenda.
 
            County Manager Nelson requested to add the following items to the agenda:
 
            Under item 10 B add a second subdivision performance guarantee request.
            Under item 11 add the following: 
                 Report on Occupancy Tax, Discussion of Senate Bill 508 and
                 House Bill 548, and a Report on Additional Beds at the Law Enforcement Center.
 
            Under Closed Session add Land Acquisition.
 
            Add item 14 as Discussion of Committees on which Commissioner Kinsey Serves.
 
            Delete item 6 as request was withdrawn by the Two Rivers School.
           
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the March 22, 2005, agenda as amended.

                                                                  VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
                                                                                Nay-0
                                                                                Absent-1(Kinsey)

PUBLIC HEARING TO CONSIDER SUBMISSION OF A GRANT APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS

            Chairman Deal declared a public hearing open at 6:07 P.M. to consider submission of a grant application for Community Development Block Grant (CDBG) Funds.
 
            Mr. Joe Furman stated that the purpose of the grant, if awarded, was for the development of a business incubator in Watauga County, and suggested renovating the Hannah Building or considering use of the 421/105 Bypass County owned property that was currently leased to CCC&TI for class room space. Mr. Furman stated that a requirement of the grant was to retain 1 job for each $10,000 received from the grant within three years of receipt of the grant. Mr. Furman stated that the Watauga County Economic Development Commission was committed to pursuing a small business incubator.
 
            Dr. Paul Combs with Appalachian Regional Development Institute (ARDI) shared support of the grant application and a new business incubator for Watauga County.
 
            There being no further public comment, Chairman Deal declared the public hearing closed at 6:24 P.M.
 
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve an grant application for Community Development Block Grant (CDBG) Funds in the amount of $400,000 to be used, if awarded, to develop a business incubator through renovation/new construction at the 421/105 Bypass County owned property that was currently leased to CCC&TI for class room space.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
HABITAT FOR HUMANITY REQUEST
 
            Mr. Karl Pond, operator of ReStore, a Habitat for Humanity established thrift store that sells donated items to the public at reduced prices to raise money for Habitat for Humanity operations, requested approval to work with the County’s Swap Shop and to scavenge reusable building materials from the County’s Transfer Station operations. County Manager Nelson stated that Mr. J. V. Potter, Operations Manager, welcomed Restore volunteers but was concerned about liability.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to allow ReStore and Habitat for Humanity volunteers to “scavenge” the County’s Transfer Station for reusable building materials contingent upon the County Attorney drafting a release of liability for Habitat for Humanity volunteers to sign prior to working on County property.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
HANNAHBUILDING – DISCUSSION OF USE
 
County Manager Nelson stated that per Commissioner request, time had been allowed for discussion on determining the best use of the County owned Hannah Building. The County had received several proposals for use of this space.
 
Chairman Deal called on the following who presented their requests for use of the Hannah Building:
 
Rev. Jim Thompson requested a long term lease of the building from the County for Hospitality House operations and homeless shelter.
 
Ms. Jennifer Herman, Director of Oasis, Ms. Angela Miller, Director of WAMY, and Ms. Jennifer Kearse, Director of The Children’s Council, joined efforts and requested to have the property ownership transferred to WAMY for renovation to be used as a Community Resource Center and to house the following: Oasis, WAMY Community Action, The Children’s Council, Three Forks Baptist Association/Family Service Center, and the Hunger Coalition.
 
Mr. Barry Nealy with Three Forks Baptist Association stated that he was happy to work with and be a part of the proposed Community Resource Center.
 
This report was for information only and therefore no action was required at this time.
 
HOMELAND SECURITY GRANT APPLICATION REQUEST
 
Det. Jamey Fletcher and Ms. Lisa Danner presented a grant request for FY 2005 Homeland Security Grant Funds that was to be submitted to the North Carolina Department of Crime Control. The State had directed the majority of the FY 2005 funds to the statewide VIPER communications network which has not yet reached the western part of the State. Due to the need for a local communications network, Det. Fletcher and Ms. Danner requested to submit the application in the amount of $1,318,000 for an upgrade to the County’s existing emergency communications service to the NC Department of Crime Control and Public Safety for Homeland Security Grant Funds.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the submission of the grant application as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
BOARD OF EQUALIZATION AND REVIEW DISCUSSION
 
Mr. Kelvin Byrd presented the Board with the following tentative FY 2005 Board of Equalization and Review meeting dates. April 26, 2005 from 6:00 P.M. to 8:30 P.M. and April 27, 2005, from 3:30 P.M. to 6:00 P.M. with alternate dates and times as follows: May 3, 2005 from 6:00 P.M. to 8:30 P.M., May 4, 2005, from 3:30 P.M. to 6:00 P.M., and May 5, 2005, from 6:00 P.M. to 8:30 P.M.
 
            Mr. Byrd stated that Board of Equalization and Review member compensation had traditionally been set at $75.00 per session.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to set the meeting dates as presented and to set the member compensation fee at $75.00 per session.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PLANNING AND INSPECTION MATTERS
 
            A.        Discussion of Community Development Block Grant (CDBG) Support Letter – Planning and Inspections Director, Mr. Joe Furman, presented a draft letter in support of the Community Development Block Grant program as directed at the last Board meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the letter as presented and directed the letter be sent to all North Carolina United States Representatives and the North Carolina United States Senators.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         Subdivision Performance Guarantee – Mr. Furman, Planning and Inspections Director, presented a subdivision performance guarantee for Laurel Creek Town Homes which was an irrevocable letter of credit from High Country Bank for road paving pursuant to section 92 of the Subdivision Regulations.
 
 
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Mr. Furman also presented a subdivision performance guarantee for Buena Vista which was a cashier’s check for 120% of the estimated cost of the work for road paving pursuant to section 92 of the Subdivision Regulations.
 
 
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Occupancy Tax Discussion – County Manager Nelson presented a proposed Resolution of Watauga County Requesting the Introduction of a Local Bill Authorizing a 6% Room Occupancy Tax. The Board amended the resolution to follow the NC legislative guidelines for occupancy tax uniform provisions as presented by the County Manager.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt A Resolution of Watauga County Requesting the Introduction of A Local Bill Authorizing 6% Room Occupancy Tax as amended.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            B.         Proposed Mutual Easement with Courthouse King, LLC – County Manager Nelson reviewed a proposed mutual easement between the County and Courthouse King, LLC. The easement was for use of a set of steps that has been constructed by Courthouse King, LLC, adjacent to the County’s property to the west of the courthouse. This easement was to prevent the need for the County to construct a separate set of steps for King Street access to the first floor of the courthouse adjacent to the tax office. The easement cost was $6,500 payable to Courthouse King, LLC.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the easement with Courthouse King, LLC, and payment in the amount of $6,500 as presented.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
C.        AppalCART Public Hearing Request – County Manager Nelson stated that AppalCART’s application for Rural Operating Assistance from the NC Department of Transportation required that a public hearing be held prior to submission and that the grant funded part of AppalCART’s operating budget. The County Manager stated that Mr. Chris Turner, AppalCART Director, requested that the public hearing be scheduled for April 4, 2005.
 
            By consensus, the Board agreed to set a public hearing for the April 4, 2005, Board meeting at 9:00 A.M. to allow citizen comment on the Rural Operating Assistant Program (ROAP) grant application.
 
            D.        Discussion of Scheduling May Meetings – County Manager Nelson stated that Chairman Deal was to be out of the County on Monday, May 2, 2005, the date of the first regularly scheduled Board meeting of the month. The Manager recommended that the meeting be rescheduled to Tuesday, May 3, 2005, at either 9:00 A.M. or 3:00 P.M. to suit the scheduling needs of the Board.
 
            By consensus, the Board agreed to reschedule the first meeting in May to Tuesday, May 3, 2005, at 3:00 P.M.
 
            County Manager Nelson announced that work sessions were scheduled on the FY 2006 recommended budget on May 5, 2005, from 6:00 P.M. to 10:00 P.M. and May 10, 2005, from 3:00 P.M. to 7:00 P.M. with a public hearing scheduled on the Manager’s recommended budget on May 17, 2005, at 6:00 P.M.
 
            E.         Proposed Agreement for Mutual Aid Regarding Emergency Medical Services – County Manager Nelson reviewed an agreement for mutual aide for emergency medical services between Watauga and the surrounding counties. The agreement provided mutual assistance in times of emergency situations.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the agreement for mutual aid regarding emergency medical services as presented by the County Manager.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            F.         Sheriff’s Department Grant Request – County Manager Nelson stated that Det. Troy Cook of the Watauga County Sheriff’s Department had requested approval to submit a grant for $10,000 to the Governor’s Crime Commission. The County Manager stated that the County had received notification that the $10,000 should be available and that the Sheriff requested it to be used for specialized equipment. The completed grant was to be forwarded to the Board prior to submission.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the grant application as requested.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            G.        Town of Boone/County Park Development Request – County Manager Nelson stated the County/Town Park Committee consisting of Commissioners Deal and Honeycutt and staff members Nelson, Marsh, and Poulos had been meeting with the Town of Boone to discuss options in jointly developing a park in the Anne Marie Drive area adjacent to the pool complex. The County Manager stated that for the planned project to proceed from this point, the expenditure of funds for surveying, conducting a flood study, and preliminary engineering was required and requested approval to expend up to $50,000 from the Landfill Settlement set aside funds to pay for surveys and flood studies and to forward payment to the Town of Boone for preliminary engineering on this site.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to direct the County Manager to expend up to $50,000 of the Landfill Settlement funds for the development of a park at the Ann Marie Drive area.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            H.        Boards and Commissions – County Manager Nelson stated that Mr. Alex Jernigan, Regional Ombudsman at High Country Council of Governments, recommended the reappointment of Mr. George Miles to the Watauga County Nursing Home Community Advisory Committee.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to reappoint Mr. George Miles to the Watauga County Nursing Home Community Advisory Committee.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            County Manager Nelson stated that Mr. Jernigan also recommended the reappointment of Ms. Pat Taylor to the Watauga County Adult Care Home Community Advisory Committee.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to reappoint Ms. Pat Taylor to the Watauga County Adult Care Home Community Advisory Committee.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            County Manager Nelson stated that there were two vacancies on the Watauga County Board of Adjustment previously held by Ms. Jane Nicholson, representing the Southfork Watershed, and Ms. Janet Beck, an at large member, both of which were willing to continue to serve if re-appointed.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to reappoint Ms. Jane Nicholson and Ms. Janet Beck to the Watauga County Board of Adjustment.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            I.          Announcements – County Manager Nelson announced that the Joint Retreat with the Town of Boone and ASU was scheduled on March 23, 2005, from 1:00 P.M. until 5:00 P.M. with lunch being served prior to the meeting at 11:45 A.M. at the Broyhill Inn and Conference Center.
 
            County Manager Nelson stated that the Board was invited to a Legislative Reception April 6, 2005, from 5:30 P.M. to 7:30 P.M. at the NC Museum of History in Raleigh.
 
 
            J.          Law Enforcement Center Expansion Request – County Manager Nelson stated that due to the Sheriff’s request to expand the capacity of the Jail at opening and possibly completing the kitchen area for on site meal preparation, approximately 7,000 gallons of additional water per day would be needed from the Town of Boone. A request for the additional water was to be sent to the Town of Boone to expedite the process prior to making a decision on the capacity of the jail and the kitchen. These options were to be discussed during upcoming budget work sessions.
 
            By consensus, the Board directed the County Manager to request to be on the Boone Town Council’s agenda in April 2005 to request the additional water for the new Law Enforcement Center.
 
K.                Discussion of Senate Bill 508 and House Bill 648 – County Manager Nelson stated that proposed Senate Bill 508 and House Bill 648 were to reduce county tax revenues by exempting assessed tax value of properties that were partially developed but unsold by developers.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to direct the County Manager to draft a resolution in opposition of Senate Bill 508 and House Bill 648.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 8:13 P.M., Commissioner Honeycutt, seconded by Commissioner Blust, 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, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 9:02 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Blust, Honeycutt)
              Nay-0
              Absent-1(Kinsey)
 
DISCUSSION OF COMMITTEES ON WHICH COMMISSIONER KINSEY SERVES
 
            The Board tabled discussion until a future Board meeting.
 
ADJOURN
 
            Chairman Deal adjourned the meeting by consensus at 9:03 P.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board