MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, SEPTEMBER 19, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, September 19, 2005, at 5:00 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
                                                Andrea Capua, 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 5:05 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 August 22, 2005, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the August 22, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Chairman Deal stated that the Clerk had informed the Board of two corrections in the closed session minutes prior to the meeting.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the August 22, 2005, closed session minutes as amended.
 
VOTE:   Aye-5
              Nay-0
 
            Chairman Deal called for additions or corrections to the September 1, 2005, special meeting minutes.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the September 1, 2005, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the September 19, 2005, agenda.
 
            County Manager Nelson requested to add an out of state travel request under Miscellaneous Administrative Matters.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the September 19, 2005, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
WORK SESSION – DISCUSSION OF HANNAH BUILDING USE
 
            Chairman Deal called upon those who wished to speak on behalf of the non-profits requesting the use of the Hannah Building.
 
            Ms. Jennifer Herman spoke on behalf of the non-profit steering committee and stated that the committee was not ready to commit to the project at this time due to the lack of funding sources but understood and supported the Hunger Coalition’s immediate need for space and proposal for use of the Hannah Building.
 
            Ms. Compton Futuna, Executive Director of the Hunger Coalition, stated that the Hunger Coalition had an immediate need for more space than was available to them at their current location but was also in support of other non-profits joining them at the Hannah Building in the future. Mr. Gayle Henson also reported on repairs he believed was needed to the Hannah Building that the Hunger Coalition was willing to make.
 
            Mr. Oliver Adams with WAMY Community Action reviewed repairs he felt were necessary for the building to be occupied.
 
            By consensus, the Board requested that the Hunger Coalition present a formal request at the October 18, 2005, Board meeting complete with commitment letters from other non-profits wishing to sublease space at the Hannah Building.
 
BREAK
 
            A break was taken from 5:53 P.M. till 6:13 P.M.
 
COURTHOUSE ADDITION UPDATE
 
            Mr. Jack Hemphill presented the schedule for the Courthouse Addition project. To date, the fuel storage tank was removed without complications and the asbestos abatement for the first floor was scheduled for September and October. Mr. Hemphill also discussed the possibility of scheduling work for the renovations on nights and weekends to cause less interference with courthouse business. If implemented, a change order was to be needed for the additional labor costs.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the preparation of the change order for additional labor costs due to night and weekend work scheduling as presented by Mr. Hemphill.
 
VOTE:   Aye-5
              Nay-0
 
            Mr. Hemphill stated that the rear parking lots at the Courthouse were to be closed during construction and with the ongoing renovation of the Administration Building parking would be a problem. Mr. Hemphill stated that the project could be delayed until next spring at which time the Administration Building would be complete and therefore parking would be less affected.
 
            By consensus, the Board agreed to begin the project as scheduled.
 
LAW ENFORCEMENT CENTER
 
            A.        Project Update – Mr. Jack Hemphill gave an update on the progress on the Law Enforcement Center.
 
            B.         Change Order Requests – Mr. Hemphill presented Change Orders 7, 8, 9, and 10 that had been previously discussed. Change Order # 8, which was requested by County staff, was for the replacement of a concrete slab to an existing storage building and to provide concrete steps at the loading dock area. Change Order # 9 was for $468,698 and was to complete the cells on all mezzanine levels, including doors, hardware, electronics, bar front and steel stairs. This was to allow maximum occupancy of the jail. Change Order # 10 was for $5,519 to install additional downspout drainage pipes. $1,070 to demo the existing sidewalks was reimbursed by Mr. Hemphill. Mr. Hemphill also reviewed a summary of all Change Orders as well as discussed anticipated change orders to complete the project.
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve change order’s 7, 8, 9, and 10.
 
VOTE:    Aye-5
               Nay-0
 
PLANNING AND INSPECTION MATTERS
 
            A.        Proposed Contract for CDBG Administration – Mr. Joe Furman reviewed a proposed contract with the High Country Council of Governments (HCCOG) to administer the Community Development Block Grant (CDBG) for repairs to homes including the White Laurel Subdivision. The County has had similar arrangements with HCCOG for other CDBG grant funded projects. The administrative costs were reimbursable under the grant and therefore no cost to Watauga County. 
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the contract with High Country Council of Governments for the administration of the CDBG grant as presented by Mr. Furman.
 
VOTE:    Aye-5
               Nay-0
 
            B.         Water and Sewer Discussion – Mr. Furman reported on the Town of Boone’s Water Committee meeting that he attended and suggested that an opportunity existed for a joint meeting with the Town of Boone, Blowing Rock, ASU and an expert on North Carolina water and sewer law from the School of Government who would make a presentation as to the various options available. Mr. Furman also stated that the Board could consider a letter be sent to the Town of Boone which requested official action be included in their planning and indicate the County’s interest for sewer service.
 
            By consensus, the Board directed staff to send letters to the Town of Boone, Town of Blowing Rock, ASU, and Water and Sewer Study Committee members to schedule a joint meeting with a School of Government expert to review the various options available. The letter was also to include a formal request for consideration of partnership to the Town of Boone to include Watauga County in the Town’s planning for future water and sewer needs.
 
ECONOMIC DEVELOPMENT COMMISSION FUNDING RECOMMENDATION/REQUEST
 
            Mr. Fowler Cooper, Vice-Chairman of the Economic Development Commission, presented a funding recommendation for the Blowing Rock Community Arts Center now known as the Miriam and Robert Hayes Performing Arts Center. The recommendation was for $50,000 to be allocated from the Economic Development Commission capital reserve fund to be used for construction costs of the new center.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to commit $50,000 for the construction of the Miriam and Robert Hayes Performing Arts Center with $25,000 to be allocated from the Economic Development Commission capital reserve fund in the current fiscal year with the additional $25,000 to be allocated in fiscal year 2007 with the fund source to be named at the time of allocation.
 
VOTE:    Aye-5
               Nay-0
 
EMERGENCY WATERSHED PROTECTION PROGRAM CHANGE ORDER REQUEST
 
            Assistant County Manager Geouque discussed a change order from Environmental Services, Inc., for the EWP Dutch Creek restoration project which was for a thirty day extension to complete the project with a new deadline of October 1, 2005. The reason for the extension was to do the necessary design and work on the previously approved change order for an additional 300 linear feet of the downstream area of the project.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the change order as requested by the Assistant County Manager.
 
VOTE:    Aye-5
               Nay-0
 
COOPERATIVE EXTENSION’S 4H PROGRAM REPORT
 
            Ms. Karee Mackey, Extension Agent for the North Carolina Cooperative Extension Service, presented a report entitled “Extension Highlights: 4H Clubs”. Daniel and Josh Lanier, participants of the 4H program, shared their experiences with the Board
 
            The report was given for information only and therefore no action was required.
 
SURPLUS WEAPONS REQUEST
 
Major Steve Thompson presented a request for a weapons upgrade for Sheriff’s Department staff. Sheriff Shook proposed to trade in 9 firearms as listed below for 2 Glock Model 31 .357 caliber handguns along with a complete set of duty gear for each handgun:
 
Asset #
Make/Model
Serial #
 
Smith & Wesson Model 6904, 9 mm auto
VCH8194
 
Browning Lever-Action .22 cal. Rifle
69B11770
 
Ruger Super Redhawk .44 Magnum Dbl. - Action Revolver
551-56687
 
Smith & Wesson Model 66-2 .357 Magnum Revolver
AET0052
 
Mossberg Model 500 12 ga. Pump shotgun
P759426
08936
S&W Model 10 (Blue Steel) .38 cal. Revolver
D395075
08937
S&W Model 10 (Blue Steel) .38 cal. revolver
D647905
 
Ruger .22 cal. Semi-Auto Pistol
212-77290
 
Sig Sauer P226 Semi-Auto 9 mm
U451006
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to declare the weapons listed above as surplus and to approve their trade to Arrington Police Distributors of Greensboro, North Carolina, for 2 Glock Model 31 .357 caliber handguns with a complete set of duty gear for each handgun.
 
VOTE:    Aye-5
               Nay-0
 
OUT OF STATE TRAVEL REQUEST
 
            Mr. Jim Atkinson presented an out of state travel request for Mr. Chad Slagle to attend a Drug Endangered Child Conference in Washington, DC, October 3-6, 2005. Mr. Slagle was awarded a scholarship that will pay for everything but his travel. 
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve Mr. Slagle’s out of state travel request for meals, time and travel in accordance with the County’s policy.
 
VOTE:    Aye-5
               Nay-0
 
VETERANS’ MEDICAL CLINIC DISCUSSION
 
            Mr. Jim Harmon reported on the process for developing a Veterans Service Clinic in our area. Nine new community based outpatient clinics were planned by the Veterans Administration in North Carolina during the next seven years. The closest one to Watauga County was to be in Hickory.  Mr. Harmon stated that this schedule did not allow leeway to approach the Veterans Administration about the possibility of a clinic in Watauga County due to demographics involved and until the planned clinics were completed.
 
            After discussion, the Board directed the Manager to prepare a resolution and letter stating the need of a Veterans Clinic in Boone, NC, for approval at a future Board meeting.
 
LEASE AGREEMENT RENEWAL REQUEST
 
            Ms. Lisa Danner presented a proposed lease agreement for the emergency communications tower site on Tater Hill Road. Mr. Replogle, the land owner, requested an increase but agreed to a lease for one more year at the current rate of $3,000 with terms for an extended contract to be negotiated during the coming year. 
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the communications tower lease with Mr. Replogle for one year in the amount of $3,000.
 
VOTE:    Aye-5
               Nay-0
 
COMPUTER HARDWARE PURCHASE REQUEST
 
            Ms. Glenda Duncan stated that the County’s existing Hewlett Packard server (computer) was 7 ½ years old and was scheduled for replacement this year. Ms. Duncan reviewed the following 3 quotes received for the new hardware:
 
                        Keystone Information Systems $36,499.74
                        Dimension Data                                    $30,952.06
                        ePlus Technology                                  $29,721.00
 
            Ms. Duncan recommended that the Board accept the low bid from ePlus Technology in the amount of $29,721 and an additional $12,000 service charge from Keystone Information Systems who was to integrate the database management software with the new operating systems software and migrate the data to the new sever. Keystone Information Systems was the proprietary owner of the current software and have been used for many years and therefore were the most appropriate to execute the integration. The total amount necessary for the project was $42,720 and Ms. Duncan recommended that the funds be allocated from the capital reserve account for technology. 
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to accept the low bid from ePlus Technology in the amount of $29,721 and the additional $12,000 for Keystone Information Systems and to integrate the database management software with the new operating systems software and migrate the data to the new sever.
 
VOTE:    Aye-5
               Nay-0
 
BUDGET AMENDMENTS
 
            Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103300-341703           Elections Technology Grant                                                    $16,723
104170-452000           Capital Outlay-DP Equipment                            $6,452
104170-429000           Supplies-Other                                                $10,271
 
            The amendment recognized the award of an Electronics Technology Grant to be used to purchase computer equipment and additional supplies.
 
            Account #                    Description                                                           Debit             Credit
663991-399101           Approp. of Retained Earnings                                                 $23,790
667420-435200           M & R Equipment                                           $23,790
 
            The amendment appropriated solid waste fund retained earnings for the acquisition of a new strapper for the baler. Cost of the strapper and installation which is $22,340 was approved at the August 22nd Board of Commissioner meeting. Additional costs are for freight.
 
            Account #                    Description                                                           Debit             Credit
103586-332005           Senior Care-Part D Grant                                                      $10,000
105550-449900           Misc Exp-Sr Care Part D Local Outreach        $10,000
 
            The amendment recognized receipt of Senior Care Part D Grant funds to enable Project on Aging staff to conduct Medicare Part D Outreach to Senior Care enrollees. Approved at the July 19, 2005, Board of Commissioners meeting.
 
            Account #                    Description                                                           Debit             Credit
263991-399101           Fund Balance Approp.-New                                                  $28,925
264330-451000           Capital Outlay-Other Equipment                      $28,925
 
            The amendment appropriated funds from the E-911 fund balance to purchase additional dispatch furniture to be installed in the new dispatch center. Approved at the August 22nd Board of Commissioners meeting.
 
            Account #                    Description                                                           Debit             Credit
183492-336000           ND Redevelopment-CHAF Grant                                        $210,750
184920-469500           Cont. Ser.-Repairs & Rehab-R1                      $57,750
184920-469501           Cont. Ser.-Replacements-R2                           $99,000
184920-469502           Cont. Ser.-Aid to Local Gov’t.-B2                  $54,000
 
            The amendment recognized a grant award by the NC Redevelopment Center’s Crisis Housing Assistance Fund for housing repair, rehab and/or replacement. Approval of application for grant funds occurred at the June 28th Board of Commissioner meeting.
 
            Account #                    Description                                                           Debit             Credit
183492-336000           Fund Balance Approp.-New                                                  $15,900
184920-469500           Transfer to the General Fund                            $15,900
184920-469501           Transfer from Capital Reserve Fund                                       $15,900
184920-469502           Prof.Services-Architects                                  $15,900
 
            The amendment recognized the appropriation of funds from the Capital Reserve Fund Balance for architectural services for the Anne Marie Drive Park area. These funds are from the $45,000 per year from the Town of Boone for park development in the Anne Marie Drive area which was part of the landfill settlement in 1999. Architectural contract approved at the August 22nd Board of Commissioners meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2005.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2005 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the Refunds and Releases Report for August 2005 as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Proposed Resolution Advancing the Scheduled Octennial Reappraisal – Tax Administrator Byrd presented a draft resolution for advancing the scheduled octennial reappraisal. Statutes required tax reappraisals occur at a minimum of every eight years, however, it was planned several years ago for Watauga County to go to a four year revaluation schedule.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to adopt the Resolution Advancing the Scheduled Octennial Reappraisal as presented by Mr. Byrd.
 
VOTE:    Aye-5
               Nay-0
 
            D.        Presentation of 2006 Schedule of Values/2006 Use Value SchedulesTax Administrator Byrd, along with Mr. Bill Tester and Mr. Ron McCarthy, presented the schedule of values to be used in establishing prices for properties during the 2006 revaluation. The schedule was to be open for public review and be presented to the Board for adoption at a future meeting after the review period had passed. Mr. Byrd stated that a public hearing was required prior to adoption requested it to be scheduled for October 3, 2005.
 
Commissioner Honeycutt, seconded by Commissioner Blust, moved to schedule a public hearing to allow for public comment on the 2006 Schedule of Values/2006 Use Value Schedules for October 3, 2005 at 9:00 A.M.
 
VOTE:    Aye-5
               Nay-0
 
            E.         Discussion of NC DOT License Tag Agency ClosureMr. Byrd reported on the closing of the North Carolina License Tag Agency in Watauga County and stated that according to news reports; the NC DOT was to take up to 90 days to determine if a tag office was to be opened in Boone. Mr. Byrd explained that the absence of a tag office, aside from being very inconvenient, also presented difficulties for the collection of vehicle taxes.
 
            After discussion, Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to direct the County Manager to send a letter to the Governor, our Representative and Senator, as well as Watauga County’s Department of Transportation Board representative Mr. Lakey requesting that a local tag office be opened expeditiously.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Resolution in Opposition to Senate Bill 1504 – County Manager Nelson presented a draft resolution in opposition to federal legislation that was to strip local authority from supervision of cable franchises. The Board requested removing the word provide from the third “Whereas” and ending the very last sentence of the resolution after the word defeated.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the resolution as amended and directed staff to send a copy to the appropriate US Senators.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Discussion of Acquiring Additional Parking from the Town of BooneCounty Manager Nelson stated that during Courthouse construction a shortage of free public parking existed.
 
            By consensus, the Board directed the County Manager to request from the Town of Boone the use of 40 Queen Street parking spaces for free public parking for Courthouse use at no charge to the County during the construction process of the Courthouse addition.
 
            C.        Anne-Marie Drive Area Park Lease ProposalCounty Manager Nelson reviewed a lease from the Town of Boone for the Anne-Marie Drive area park property. The County Manager stated that County Attorney di Santi had concerns about item # 8, regarding future grant applications. 
 
            After discussion, Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the lease agreement contingent upon the County Attorney’s review and with item # 8 reworded to state that the County would liketosubmit for grants for recreation purposes.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Boards and Commissions – County Manager Nelson stated that Town of Boone Council recently approved a zoning text amendment to add an additional ETJ alternate to the Town of Boone Board of Adjustment.
 
            The Board agreed to table action until the October 3, 2005, Board meeting and directed staff to contact Mr. Jim Marsh to inquire as to his availability and interest of serving on this Board.
 
            County Manager Nelson stated that the Watauga County Library Board of Trustees requested that Ms. Velma Burnley be appointed to their Board to fill a vacancy.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to waive the second reading and appoint Ms. Velma Burnley to the Watauga County Library Board of Trustees.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that Ms. Mary Mast resigned from the Valle Crucis Historic Preservation Commission and had recommended Dr. Susan Mast be appointed to fill the vacancy. Mr. Brent Graybeal verified that Dr. Mast met the requirements to serve on this Board.
 
            As this was the first reading, no action was required at this time.
 
            E.         Out of State Travel Request – County Manager Nelson stated that Ms. Anita Gomez with Animal Control requested to join a relief team to assist with animal rescue needs in those areas affected by Hurricane Katrina. If approved, Ms. Gomez was to travel with a team from the Watauga County Humane Society and the only costs to the County was Ms. Gomez time of 40 hours for the week she was to be gone.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the out of state travel request for Ms. Gomez.
 
VOTE:   Aye-5
              Nay-0
 
            F.         Announcements – County Manager Nelson announced that a regional assembly entitled Western Carolina University’s Vision of Engaging Communities was scheduled for Wednesday, September 28, 2005, at 12:00 P.M. at Western Carolina University.
 
            County Manager Nelson announced that a dedication and groundbreaking for the park Middle Fork Greenway Association, Inc., was scheduled for Sunday, October 2, 2005, at 3:00 P.M.
 
PUBLIC COMMENT
 
            Ms. Karee Mackey thanked the Board for their support of the Juvenile Crime Prevention Council of which she was Chairperson. Ms. Mackey stated that due to state budget cuts of 2.5% (approximately $3,030) the program was in need of additional funding.
 
            Chairman Deal requested Ms. Mackey to make a formal request at the next Board meeting.
 
CLOSED SESSION
 
            At 8:36 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), and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 9:21 P.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The meeting was adjourned at 9:21 P.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board