MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 19, 2005
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 19, 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
Winston Kinsey, Commissioner
Anthony di Santi, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Rene’ Barnes, Assistant Clerk to the Board
Chairman Deal called the meeting to order at 6:03 P.M. welcoming those in attendance.
Commissioner Honeycutt opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the May 25, 2005, special meeting minutes.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the May 25, 2005, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Deal called for additions or corrections to the May 25, 2005, closed session minutes.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the May 25, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Deal called for additions or corrections to the June 28, 2005, regular meeting minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the June 28, 2005, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Deal called for additions or corrections to the June 28, 2005, closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the June 28, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the July 19, 2005, agenda.
County Manager Nelson requested to add the following items to the agenda:
Under item 6 add Discussion of Senate Bill 508.
Under item 9 add Discussion of House Bill 1638.
Under item 12 add an Out of State Travel Request for Board of Elections.
Delete item 5 as request was withdrawn.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the July 19, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – TO CONSIDER AMENDMENTS TO THE SOLID WASTE ORDINANCE AND ABANDONED AND JUNKED MOTOR VEHICLE ORDINANCE
Chairman Deal declared the public hearing open at 6:10 P.M. to allow for comment on Proposed amendments to the Solid Waste and Abandoned and Junked Motor Vehicle Ordinance
County Manager Nelson stated that the required public hearing was scheduled to allow public comment on amendments to extend coverage into the extraterritorial jurisdiction (ETJ) areas of the municipalities in the County. There is also a change under Section C. on page 13 of the Solid Waste Ordinance that changes the time for submitting an appeal from five days to ten business days. Manager Nelson stated that this change has been recommended by the County Attorney to be consistent with other language throughout both ordinances. The amendments would become effective January 1, 2006, in order to allow a 5 month grace period.
There being no public comment, Chairman Deal declared the public hearing closed at 6:10 P.M.
After discussion, Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the amendments to the Solid Waste Ordinance and Abandoned and Junked Motor Vehicle Ordinance to be effective 1/1/06.
VOTE: Aye-4(Deal, Winkler, Blust, Kinsey)
Nay-1(Honeycutt)
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of June 2005.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for June 2005 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the Refunds and Releases Report for June 2005 as presented.
VOTE: Aye-5
Nay-0
C. Discussion of Senate Bill 508 – Tax Administrator Kelvin Byrd stated that proposed Senate Bill 508 as written would reduce county tax revenues by exempting assessed tax value of properties that were partially developed but unsold by developers.
By Consensus the Board directed County Manager Nelson to draft and distribute a letter to the Senate Finance and Conference Committee, as well as, Senator Basnight and Representative Black recognizing the Boards continued opposition to Senate Bill 508.
FINANCE DEPARTMENT MATTERS
Budget Amendments – County Manager Robert Nelson presented the following budget amendments for Board approval:
Account # Description Debit Credit
234310-454000 Capital Outlay-Vehicle $20,000
233991-399101 Fund Balance Approp.-New $20,000
To appropriate funds from the Substance Abuse Tax Fund’s fund balance to purchase and equip a vehicle. Approved at the June 28th Board of Commissioners meeting.
Account # Description Debit Credit
263991-399101 Fund Balance Approp.-New $58,067
264330-451000 Capital Outlay-Furn. & Equip. $34,841
264331-451000 Capital Outlay-Furn. & Equip. $23,226
To appropriate E-911 Fund Balance funds for the installation of the new E-911 telephone call taking station and 911 communications switch. Approved by the Board of Commissioners at the May 19th Commissioners meeting.
Account # Description Debit Credit
143839-353100 Donations-Foster Children Fund $5,008
143839-353101 Donations-Adult Services Fund $2,114
143839-435102 Donations-Child Protective Services $318
145310-449902 Foster Children Fund $5,008
145310-449903 Adult Services Fund $2,114
145310-449904 Child Protective Services Fund $318
To recognize proceeds from donations and fund raisers for the above programs. Each program has established criteria for the appropriate expenditure of these funds.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by County Manager Nelson.
VOTE: Aye-5
Nay-0
PROJECT ON AGING GRANT REQUEST
Ms. Angie Boitnotte, Director of the Project on Aging, informed the Board of the availability of a $10,000 grant to be used to assist senior citizens in making an informed decision and enrolling in a new Medicare service (Part D) that offers assistance with prescription drugs. Ms. Boitnotte stated that no local match is required and the activities as prescribed in the grant will be carried out by a newly hired part-time outreach coordinator.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the grant application.
VOTE: Aye-5
Nay-0
DISCUSSION OF DEPARTMENT OF TRANSPORTATION MATTERS
A. Tractor Trailer Restrictions On Us Highway 421 – Planning and Inspections Director Joe Furman discussed 53 foot trailers being restricted from using US Highway 421. Mr. Furman stated if US Highway 421 is added to the National Truck Network list, 53 foot trailers, as well as tandem trailers will be allowed to travel on US Highway 421.
After discussion Commissioner Kinsey, seconded by Commissioner Blust, moved to authorize a letter to be written to the North Carolina Department of Transportation to add US Highway 421 (and upon completion US Highway 321) to the National Truck Network list, allowing travel of 53 foot trailers and excluding tandem trailers.
B. Proposed Resolution Requesting Funds for Paving of Secondary Roads – Planning and Inspections Director Joe Furman reported that discretionary funds may be available to fund secondary road paving. Manager Nelson presented a proposed resolution that requests funding for prior years’ secondary road plans.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt a resolution requesting funds for paving of secondary roads.
VOTE: Aye-5
Nay-0
C. Discussion of House Bill 1638 – Planning and Inspections Director Joe Furman reported that this bill would eliminate the 911 surcharge by telephone companies for emergency services. Mr. Furman reported that under this bill counties will be responsible for collection of these monies through a “special use tax”.
By Consensus the Board directed County Manager Nelson to draft and distribute a letter to the Senate Commerce and Public Utilities Committee, as well as, Representative Garwood and Representative Wilson recognizing the Boards opposition to Senate Bill 1638.
OUT OF STATE TRAVEL REQUESTS
A. Emergency Management – Planning and Inspections Director Joe Furman reported that Lisa Danner was requesting to attend an Emergency Management Accreditation Program in Nashville, TN, August 17-19, 2005. Mr. Furman stated that the trip is 100% reimbursable and therefore will not cost the County
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the out of state travel for Ms. Danner.
VOTE: Aye-5
Nay-0
B. Sheriff Department – County Manager Nelson reported that the Sheriff was requesting approval for out of state travel to Washington, DC, to attend, with two of his staff, a Congressional Committee Hearing regarding methamphetamine and its effects on children and communities. Manager Nelson stated that the Sheriff has also requested to speak at a seminar in Johnson City, TN.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve both requests for out of state travel for Sheriff Shook.
VOTE: Aye-5
Nay-0
WATAUGA SOIL AND WATER CONSERVATION DISTRICT MATTERS
A. Grant Application Request (Lance Creek Restoration) – Mr. Derek Goddard, representing the Watauga Soil and Water Conservation District, requested approval to submit a grant to the Division of Water Resources for the purpose of the restoration of Lance Creek at the former Yonahlossee Women’s Camp that is located near the intersection of Shull’s Mill and Poplar Grove roads.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the grant application to the Division of Water Resources.
VOTE: Aye-5
Nay-0
B. Grant Budget Amendment Request (Ray Ward Property) – Mr. Derek Goddard, representing the Watauga Soil and Water Conservation District, requested approval for a budget amendment for the grant restoring stream banks on the Watauga River on the Ray Ward property. Mr. Goddard stated that the amended grant amount is $116,322 that requires $38,386 in local match that will be contributed by a Soil and Water Conservation District matching funds, in-kind, and the land owner contribution.
Vice Chairman Winkler, seconded by Commissioner Blust, moved to approve the budget amendment for the grant that is restoring stream banks on the Ray Ward property.
VOTE: Aye-5
Nay-0
BOARD OF ELECTIONS MATTERS
A. Grant Application Request – County Manager Nelson reported that Board of Elections Director Ms. Jane Hodges requested approval to apply for a federal grant available from the Department of Health and Human Services to assist in making polling places ADA compliant. The amount of the grant is $5,300 and will require up to $1,000 in local participation.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the grant application to the Department of Health and Human Services to make polling place ADA compliant.
VOTE: Aye-5
Nay-0
B. Out of State Travel Request – County Manager Nelson reported that Board of Elections Director Ms. Jane Hodges requested approval for out of state travel to Beverly Hills, California, to attend a national elections conference August 9-13, 2005.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the out of state travel for Jane Hodges with the County reimbursing registration, lodging and meals per county policy.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Resolution Supporting Consumer Choice in Cable Television Channel Selection – County Manager Nelson presented a draft resolution Supporting Consumer Choice in Cable Television Channel Selection. Discussion was held regarding the proposed language of the resolution. The Board requested that the resolution be rewritten to include all consumers, and presented at the August 1, 2005 Board meeting.
B. Watauga County EMS Medical Director Appointment – County Manager Nelson reported that the State Office of Emergency Medical Services Standards requires that each countywide EMS system have a medical director as appointed by the Board of Commissioners. Manager Nelson stated that Dr. Allen Brandon has resigned and Richard Sparks, representing Watauga Medical Center recommends that you appoint Dr. Simon Watson to the position of Medical Director for the Watauga County EMS system. Manager Nelson also reported that the Medical Center will allow Dr. Watson to serve as Medical Director without charge as a service to the citizens of Watauga County.
Commissioner Kinsey, seconded by Commissioner Blust, moved to appoint Dr. Simon Watson to the position of Medical Director for the Watauga County EMS system.
VOTE: Aye-5
Nay-0
C. Solid Waste Violation Extension Requests – County Manager Nelson reported that two appeals requesting an extension of time to comply with clean up regarding Solid Waste Ordinance violations have been received from Charles and Yvonne Moody and Mr. Len Moretz. Manager Nelson stated that the County enforcement officer has indicated that both parties are working towards compliance.
Commissioner Blust, seconded by Commissioner Kinsey, moved to grant a thirty-day extension to Charles and Yvonne Moody and Mr. Len Moretz.
VOTE: Aye-5
Nay-0
D. Anne-Marie Drive Park Project Report – County Manager Nelson stated that the Town has agreed to lease the County 12 acres of land in the Anne-Marie Drive area for a park consisting of baseball, softball and soccer fields. Manager Nelson reported that the special use permit application has been submitted.
E. Watauga County School Board Joint Meeting Request – County Manager Nelson stated that the Watauga County School Board asked for a joint meeting with the Watauga County Board of Commissioners. The Board directed Manager Nelson to schedule the joint meeting for either August 22, August 15, or August 29, 2005, from 4:00 P.M. to 6:00 P.M., in the stated order. The Board agreed to have the second August meeting following the joint meeting with the School Board.
The Board also agreed to cancel the September 5, 2005 Board of Commissioner meeting and meet on September 13, 2005, at 6:00 p.m.
F. Boards and Commissions – County Manager Nelson stated that Deputy Billy Grimes has agreed to serve on the Juvenile Crime Prevention Council if so appointed. Manager Nelson reported that Ms. Anna Boyce Phillips declined the opportunity to serve at this time. Manager Nelson also stated that the Appalachian District Health Department recommended Ms. Sharon Golden-Myers who is a nurse with extensive adolescent experience.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to appoint Ms. Sharon Golden-Myers to the Juvenile Crime Prevention Council.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Economic Development Commission recommends the following members for appointment: Fowler Cooper, Bill Leonard, Scott Pruitt, and Jason Triplett.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to appoint Mr. Fowler Cooper, Mr. Bill Leonard, Mr. Scott Pruitt, and Mr. Jason Triplett to the Economic Development Commission.
VOTE: Aye-5
Nay-0
County Manager stated that at the last Board of County Commissioners meeting the Board appointed Fowler Cooper, Brian Crutchfield, and Brian Riggins to serve on the Region D Certified Development Corporation Board. Manager Nelson stated Mr. Joe Furman had contacted and recommended Mr. Jim Furman, a member of the business community to serve on this Board.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to appoint Mr. Jim Furman to the Region D Certified Development Corporation Board.
VOTE: Aye-5
Nay-0
County Manager Nelson reported that currently Chairman Jim Deal serves as the Commissioner representative to the Personnel Advisory Committee. Manager Nelson stated that staff recommends the appointment of an alternate Commissioner, Mr. Keith Honeycutt, to serve on this committee to assist with scheduling conflicts.
Chairman Deal appointed Keith Honeycutt to serve on the Personnel Advisory Committee in his absence.
County Manager Nelson announced that the annual North Carolina Association of County Commissioners conference is in Charlotte onAugust 25-28, 2005. Manager Nelson stated that the County is required to appoint a voting delegate to represent their respective counties at the business meeting.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to appoint Commissioner Blust as voting delegate to represent Watauga County.
VOTE: Aye-5
Nay-0
County Manager announced that Ms. Phyllis Foster’s term on the CCC&TI Board of Trustees expired June 30, 2005. Commissioner Honeycutt recommends Gary Childers, former Watauga High School principal to serve on the Board.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Gary Childers to the CCC&TI Board of Trustees.
VOTE: Aye-5
Nay-0
County Manager Nelson announced the Watauga District Occupancy Tax/Force Account Limit Bill has passed in the house and Senate and awaits the Governor’s signature. Manager Nelson stated that staff will begin working on the details for implementation including collections in anticipation of the local adoption.
County Manager Nelson announced that the Annual North Carolina Association of County Commissioners conference is scheduled for August 25-28, 2005, in Charlotte, NC.
County Manager Nelson stated a Reception for new North Carolina Board of Transportation member, Mr. Arnold Lackey, and our former Board member, Mr. Sam Erby, Jr., has been scheduled for Tuesday, July 26, 2005, at 6:00 P.M. at Appalachian Ski Mountain in Blowing Rock.
County Manager Nelson stated that the Mountain Ambulance Foundation invites you to the dedication of a new Banner Elk, NC, EMS station on the Beech Creek Parkway Thursday, August 4, 2005, at 5:00 P.M.
PUBLIC COMMENT
Ms. Karen Carter and Ms. Deborah Greene shared their concerns during public comment.
CLOSED SESSION
At 8:18 P.M., Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3), Land Acquisition, per G. S. 143-318-11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Commissioner Blust, moved to resume the open meeting at 9:07 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting by consensus at 9:10 P.M.
Jim Deal, Chairman
ATTEST:
Rene’ Barnes, Assistant Clerk to the Board