MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 1, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, August 1, 2005, at 9:00 A.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
                                                Tony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Assistant County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 9:02 A.M. welcoming those in attendance.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the July 19, 2005, regular meeting and closed session minutes.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the July 19, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the July 19, 2005, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the August 1, 2005, agenda.
 
            County Manager Nelson requested to add the scheduling of a grand opening for the Transfer Station/Maintenance Facility under Miscellaneous Administrative Matters and Land Acquisition under the scheduled Closed Session per G. S. 143-318.11(a)(5)(i).
 
            County Manager Nelson also stated that Ms. Pat Wilkie was present to speak for the Boone Steep Slope and Multi-Family Housing Task Force Request in place of Dr. Harvard Ayers.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the August 1, 2005, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
METHANE GAS PROJECT REPORT AND FUNDING REQUEST
 
            [Clerk’s Note: This presentation was made later in the meeting due to a late arrival.]
 
ADMINISTRATIVE BUILDING REPORT AND CHANGE ORDER REQUEST
 
            Mr. Randy Jones presented a progress report on the Administration Building. He also presented a change order that was to add nine days to the substantial completion date for the project. Mr. Jones reported that the new substantial completion date, July 22, 2005, deviates from the actual projected completion date of October 1, 2005.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the change order as presented by Mr. Jones.
 
VOTE:   Aye-5
              Nay-0
 
WATAUGA YOUTH NETWORK PRESENTATION
 
            Ms. Pat Wilkie, Watauga Youth Network (WYN) Board Chairperson, Ms. Jennifer Grubb, WYN Programming Manager, Ms. Mary Hall, WYN Volunteer and former Board Member, and Ms. Wendy Tonker, WYN Director, made a presentation regarding ongoing and future plans for services to be offered by the agency. Foremost future plans were to locate and develop a youth center for Watauga County. Ms. Tonker requested the Board of Commissioners declare the last full week in August as WYN Week for Youth in Watauga County.
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to declare August 22 -28, 2005, as Watauga Youth Network week in Watauga County.
 
VOTE:    Aye-5
               Nay-0
 
HUNGER COALITION PROPOSAL FOR USE OF THE HANNAHBUILDING
 
            Ms. Compton Fortuna, Executive Director of the Hunger Coalition as well as Mr. Gayle Henson, Hunger Coalition Board Vice-Chairman, presented a proposal for use of the County’s Hannah Building which had been declared surplus. County Manager Nelson stated that he had met with WAMY Community Action as previously directed and had received a letter updating the Board on their similar request.
 
            The Board agreed to schedule a work session to discuss the offers that had been made on the Hannah property.
 
            [Clerk’s Note: The date for the work session was scheduled later in this meeting for September 19, 2005 at 5:00 P.M.]
 
SEPTIC SYSTEM PERMITTING REPORT
 
            Mr. Lawrence Caviness with the Appalachian District Health Department presented a report on problems that were experienced due to failing septic systems. The main issue was systems that were permitted for single family homes but were converted into multiple units within the same house. In such cases, action was taken as appropriate by the Health Department.
 
            The report was issued for information only and therefore no action was required.
 
BOONE STEEP SLOPE AND MULTI-FAMILY HOUSING TASK FORCE REQUEST
 
            Ms. Pat Wilkie stated that the Boone Steep Slope and Multi-Family Housing Task Force had been meeting since mid June at the direction of the Town Council. Ms. Pat Wilkie requested that one or two Commissioners be appointed to serve on this Task Force as well.
 
            Chairman Deal was appointed to serve on the Boone Steep Slope and Multi Family Housing Task Force.
 
METHANE GAS PROJECT REPORT AND FUNDING REQUEST
 
            Mr. Stan Steury with the Blue Ridge Resource Conservation and Development Council reported on the first phase of the Watauga County landfill gas utilization project. The next phases of the project were to be electricity generation, the furnishing of heat to County buildings and the potential community uses for art studios, greenhouses and cold storage. Grant funding was to be sought for the next phases of the project. Mr. Steury stated that, prior to the future phases being implemented, a permanent blower flare station had to be installed and grant funds were not currently available as prices had elevated substantially since the beginning of the project. Mr. Steury had solicited three proposals for a permanent station with the cheapest one being from Parnell Biogas, Inc. in the amount of $57,551. Mr. Steury stated that as well as capturing methane for future use the collection system also continued to remediate the potential off site migration of methane. Mr. Steury recommended the County hire a professional firm to operate and maintain the system to insure a safe operation.
 
            County Manager Nelson stated that funds for the permanent blower flare station could be allocated from the Sanitation Department’s retained earnings account. The purchase of a permanent system was to also save $500 per month that the County currently expended for the temporary system to remediate the off site migration of methane. The collection system had already saved the County a substantial amount compared to other remedies for the remediation that may have been required by the North Carolina Department of Environment and Natural Resources (DENR).
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to purchase the permanent blower flare station from Parnell Biogas, Inc., for the amount of $57,551 with funds to be allocated from the Sanitation Department’s retained earnings account for the purchase.
 
VOTE:   Aye-5
              Nay-0
 
            The Board directed the Manager to request proposals from professional firms interested in operating/maintaining the system.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of July 2005.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for July 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 July 2005 as presented.
 
VOTE:   Aye-5
              Nay-0
 
C.        Annual Tax Collector’s Settlement – Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2004/2005 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the Annual Settlement Statements for Fiscal Year 2004/2005.
 
VOTE:    Aye-5
               Nay-0
 
            D.        Order of Collections RequestA sworn oath was administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2005/2006. Mr. Byrd stated this Order would grant him the authorization to collect taxes and requested the Board’s approval.
 
Commissioner Honeycutt, seconded by Commissioner Blust, moved to grant authorization for Tax Administrator Byrd to collect taxes for Fiscal Year 2005/2006.
 
VOTE:    Aye-5
               Nay-0
 
OUT OF STATE TRAVEL REQUESTS
 
            A.        Sheriff’s Department – Chairman Deal stated that out of state travel requests by staff required Board of Commissioner approval. Approval for out of state travel was requested for Detective Corina Miller to attend a two week narcotics investigator school in Charleston, SC, August 8-19, 2005.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the out of state travel request for Detective Corina Miller.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Planning and Inspections – Approval for Ronnie Greene to attend the Region 8 Board of Directors meeting for the International Code Council in Greenville, SC on Friday, August 19, 2005, was requested. Costs, other than Mr. Greene’s time, were to be reimbursed by the NC Plumbing Inspectors Association.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the out of state travel request for Mr. Ronnie Greene.
 
VOTE:   Aye-5
              Nay-0
 
EMERGENCY WATERSHED PROTECTION BID AWARD REQUEST
 
            Assistant County Manager Geouque discussed nineteen projects that were to be funded with EWP funds. After going through an informal bid process, three companies were recommended for the nineteen projects as listed below. The total bids received were $405,779.
 
Firm
Project
Amount
Avery Development Group
LCOC2 (Lower Crab Orchard Cr.)
$ 11,500
DCRE1 (Dutch Creek Rd. Ext.)
$ 14,250
LLC2 (Lower Laurel Cr.)
$ 29,000
MMC1 (Moody Mill Cr.)
$ 12,500
LCR1 (little Creek Rd.)
$ 10,000
MC2 (Meat Camp)
$ 11,500
CC2 (Cove Creek)
$ 12,850
BF2 (Brushy Fork)
$ 14,750
ZV1
$ 12,700
UW2 (WataugaRiver)
$ 29,900
UW3 (WataugaRiver)
$ 28,500
UW4 (WataugaRiver)
$ 28,000
JR Vannoy & Sons
LLC3 (Lower Laurel Cr.)
$ 44,000
Farthing Construction Co., Inc.
MC1 (Meat Camp)
$ 21,000
CC3 (Cover Creek)
$ 14,545
BF3 (Brushy Fork)
$ 12,500
VC1 (Vanderpool Campground)
$    6,500
Yates Landscaping & Christmas Tree Farms
Vegetation
$ 66,784
Radford Quarries of
Boone, Inc.
Stone
$ 25,000
Total
$405,779
 
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to award the bids and authorize staff to negotiate with the next lowest bidder if necessary.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Resolution Supporting Consumer Choice in Cable Television Channel Selection – County Manager Nelson presented a revised draft Resolution Supporting Consumer Choice in Cable Television Channel Selection as directed at the last Board meeting.
 
Additional proposed amendments to the resolution were to add “without additional cost” under the “Now, Therefore Be It Resolved” sentence and to change the phrase “by age 18 an US youth” to “by age 18 a youth”.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the resolution as amended.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Watauga County School Board Joint Meeting RequestCounty Manager Nelson stated that a joint meeting with the Watauga County School Board was scheduled on August 22, 2005, from 4:00 P.M. to 6:00 P.M. The meeting was to be held at the human services center conference room. 
 
            The Board agreed, by consensus, to reschedule the second meeting in August to the 22nd following the meeting with the School Board at the same location.
 
            The Board agreed, by consensus, to cancel the first meeting in September due to the Labor Day holiday.
 
            The Board agreed, by consensus, to reschedule the second meeting in September to Monday, September 19, 2005, at 5:00 P.M. with a work session to be placed first on the agenda for the purpose of discussions regarding future use of the Hannah Building.
 
            C.        Boards and Commissions – County Manager Nelson stated that Mr. Glenn Hodges, Watauga County Clerk of Court, had endorsed and requested Mr. Ted Hagaman be reappointed to the Jury Commission.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, made a motion to re-appoint Mr. Ted Hagaman to the Jury Commission for a two year term to end June 30, 2007.
 
                                                                  VOTE:   Aye-5
   Nay-0
 
            D.        Scheduling of Grand Opening for the Transfer Station/Maintenance Facility – County Manager Nelson stated that the Transfer Station Maintenance Facility was completed and requested a date be set for a grand opening ceremony.
 
            By consensus, the Board set the grand opening for the Transfer Station/Maintenance Facility for August 16, 2005, at 12:00 noon.
 
            E.         Announcements – County Manager Nelson announced that the Watauga County Economic Development Commission and the Watauga Heritage Council, a committee of the Blue Ridge National Heritage Area, invited the Board to a celebration and presentation of the Watauga Heritage Development Plan on Tuesday, August 30, 2005, from 6:00 P.M. to 8:00 P.M. at the palace at Tweetsie Railroad.
 
            County Manager Nelson announced that The Horn in the West invited the Board to attend a performance by Eric Horner on August 6, 2005, at 6:00 P.M. for a concert honoring emergency service workers, military personnel, and other heroes.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 11:15 A.M., Commissioner Blust, seconded by Commissioner Honeycutt, moved to enter Closed Session to discuss 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-5
              Nay-0
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to resume the open meeting at 11:35 P.M.
 
VOTE:   Aye-5
              Nay-0
 
PLYLER/GLOVER LAW SUIT
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to 1)  Accept the letter from Architect Timothy A. Walters which stated that upon inspection he certified that the Mountain Ridge Apartments were in compliance with the items listed in the consent order for Watauga County vs. Danny Plyler and Sandra Glover; 2) File the letter with Watauga County Courts; and 3) Close the case.
 
VOTE:    Aye-4(Deal, Blust, Honeycutt, Kinsey)
               Nay-0
               Recused-1(Winkler)
 
ADJOURN
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to adjourn the meeting at 11:36 A.M.
 
VOTE:   Aye-5
              Nay-0
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board