MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 6, 2006
The Watauga County Board of Commissioners held a regular meeting on Monday, February 6, 2006, 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
Anthony 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 9:01 A.M. welcoming those in attendance.
Vice-Chairman Winkler opened the meeting with a prayer.
Clerk’s Note: Commissioner Kinsey was hospitalized and therefore unable to attend the meeting.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the January 24, 2006, regular meeting and closed session minutes.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the January 24, 2006, regular meeting minutes as presented.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
Commissioner Honeycutt stated that there was a correction on the January 24, 2006, minutes under the NC Division of Water Resources Grant Application Request – Brookshire Park Stream Bank Stabilization the river mentioned was the New River not the Watauga River.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to re-approve the January 24, 2006, regular meeting minutes as amended.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the January 24, 2006, 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 February 6, 2006, agenda.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the February 6, 2006, agenda as presented.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
CABLE LEGISLATION DISCUSSION
Mr. Lavoy Spooner, representing BellSouth, requested the Board reconsider opposition to new legislation regarding cable services and rescind the “Resolution in Opposition to the Ensign/McCain Broadband Investment and Consumer Choice Act – Senate Bill 1504” which was adopted at the September 19, 2005, Board meeting. Mr. Spooner stated that the new legislation was to allow phone companies to provide cable services to customers without going through the local franchise agreement process which was to allow for greater competition and lower costs to customers, supply greater access to the citizens, and bring positive economic benefits through an increase in revenue to the County. Mr. Spooner stated that franchise fees would be paid to the state and then allocated to the counties.
Mr. Skip James, representing Charter Communications, requested the Board uphold the “Resolution in Opposition to the Ensign/McCain Broadband Investment and Consumer Choice Act – Senate Bill 1504” and stated support of local franchise agreements and requirements. Mr. James stated Charter welcomed competition from phone companies as long as they were playing under the same rules (local franchise agreements) which required “build out” clauses, not allowing companies to pick and choose who they served. Mr. James stated that prices would increase to those who chose basic service if phone companies were allow to “cherry pick” the areas that they served.
Mr. Jim Harmon, the County’s Cable Officer stated that Watauga County was to lose the authority to regulate cable services if the local franchise agreements were lost. Mr. Harmon also stated that the franchise fees were paid by the customers and therefore those funds should come directly to the County. Mr. Harmon recommended continued opposition to the Ensign/McCain Broadband Investment and Consumer Choice Act – Senate Bill 1504.
By consensus, the Board agreed to direct the County Manager to request the North Carolina Association of County Commissioners (NCACC) to take a proactive position to level the playing field in offering cable services to citizens of North Carolina by encouraging competition, local authority, and a franchise fee allocated directly to counties and by discouraging “cherry picking”.
WATAUGA HUMANE SOCIETY REQUEST
Ms. Lynn Northup with the Watauga Humane Society and Ms. Kathy Copley with the High Country Friends for Life requested the Board consider adding a spay/neuter clause to the Watauga County Animal Control Ordinance which was being reviewed by staff in draft form.
By consensus, the Board agreed to direct the County Manager and Assistant County Manager to schedule a time with Ms. Northup and Ms. Copley to meet and review recommended changes to the existing Watauga County Animal Control Ordinance.
GRANT APPLICATION REQUEST – VALLECRUCISSCHOOL WASTEWATER TREATMENT FACILITY
Mr. Seth Norris, representing Watauga County Emergency Management, requested approval to submit a grant to the North Carolina Division of Emergency Management for mitigation to address the needed replacement of the Valle Crucis Elementary School wastewater treatment plant. The plant had been damaged several times in the past by flood waters. The anticipated costs of the replacement were $290,550 and did not require local match, however, Mr. Norris stated that if the costs exceeded the grant amount, the County was liable to fund the remainder of the project until completed. Mr. Norris volunteered as the required designated agent to represent Watauga County for this project with the secondary agent recommended as Mr. Joe Furman, his supervisor. Mr. Norris and Mr. Furman were to coordinate with Mr. John Anderson, Maintenance Director of Watauga County Schools, to facilitate the project if the grant was awarded. Mr. Anderson stated that the grant amount should be sufficient funds to complete the project.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the grant application request and appoint Mr. Norris as the designated agent and Mr. Furman as the secondary designated agent.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
H&CCBG BUDGET REVISION REQUEST
Ms. Angie Boitnotte, Watauga County Project on Aging Director, presented a budget amendment to recognize an addition of $1,278 from the Home and Community Care Block Grant allocation. The money was to be used to deliver more home delivered meals to the elderly. Ms. Boitnotte stated that the local match was present in the Agency’s existing budget.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the H&CCBG budget revision as presented by Ms. Boitnotte.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
143585-323000 Title XX & FSA Daycare $1,040
145850-440900 Subsidized Childcare $1,040
The amendment recognized the January 2006 state allocations for direct child care services to Hurricane Katrina evacuee families only.
Account # Description Debit Credit
103300-343107 OJP-Bulletproof Vests $5,554
104310-429004 Other Supplies-Bulletproof Vests $5,554
The amendment recognized reimbursement from the Office of Justice Programs for prior year purchases of bulletproof vests.
Account # Description Debit Credit
163300-349600 Lance Creek POA-Grant Match $84,333
163300-349601 NCDENR $168,667
164960-469500 Cont. Services-Plan & Design $63,000
164960-469501 Cont. Services-Dam $140,000
164960-429000 Other Supplies-Stone $12,000
164960-429001 Other Supplies-Matting, fertilizer, etc. $10,000
164960-469502 Cont. Services-Proj. Management $18,000
164960-469503 Cont. Services-Ed. Kiosk $10,000
The amendment recognized the award of a grant from the Water Resources division of the NC Department of Environmental and Natural Resources for the removal of the Yonahlossee Dam which was breached during Hurricanes Frances and Ivan. Approximately 1,000 feet of stream will be restored as well. The required match is funded by the Yonahlossee Property Owners Association.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of January 2006.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for January 2006 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for January 2006 as presented.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Caldwell Community College & Technical Institute Joint Meeting Requests – County Manager Nelson stated that Caldwell Community College & Technical Institute requested joint meetings with the Board of Commissioners, the Watauga County Board of Education, and the CCC&TI Board of Trustees on May 18, 2006, at 6:00 P.M. at the Watauga campus. A second meeting was requested with the Board of Trustees and the Board of Commissioners on Wednesday, September 13, 2006, at 6:00 P.M. at the Watauga campus.
By consensus, the Board agreed to the joint meetings as requested by CCC&TI.
B. Discussion of DOT Matters – County Manager Nelson reviewed a letter from the Department of Transportation requesting that the Board adopt a “no fishing” ordinance for Bridge # 161 on State Road 1114 (Dewitt-Barnett Road) over the Watauga River in the Valle Crucis community. The County Manager stated that he was not aware of this request being made for any other bridge in the County.
By consensus, the Board agreed to direct the County Manager to refer the letter to Mr. Joe Furman to review and report back to the Board at a future meeting.
County Manager Nelson reviewed a second letter from the Department of Transportation in regards to the request that the County made to install permanent signage to the fairgrounds which was specifically an issue last year during the Greenes’ Gospel Singing Jubilee in August. The County Manager stated that DOT was not allowing permanent signage but was allowing temporary signage when large events (5,000 + people) were to be held at the fairgrounds.
By consensus, the Board directed the County Manager to contact Mr. John Greene, owner of the High Country Fairgrounds, and request that he inform the Board of large events in advance so that the Board could request temporary directional signage from DOT.
C. Discussion of Laurel Fork Creek Pollution – County Manager Nelson reviewed a letter and an e-mail from Wendy Patoprsty with the North Carolina Cooperative Extension Agency stating that, since grant funds had been received, ongoing monitoring was occurring on the Laurel Fork Creek. The project was to collect samples from the stream when it was discolored and white due to an unknown discharge and to forward samples for testing to determine the cause. A second e-mail detailed that Sue White of the Division of Water Quality (DWQ) with the North Carolina Department of Environmental and Natural Resources (DENR) had determined that the discoloration had been traced to a milky substance coming from the Vulcan Materials Company. Apparently the discoloration was coming from rock dust and Vulcan had accepted responsibility and agreed to do whatever necessary and required by DENR-DWQ to prevent the flow from happening again. The County Manager stated that Ms. Patoprsty planned to issue a report at a future meeting once the monitoring project was completed.
Chairman Deal directed the County Manager to forward a copy of the letter and e-mails to Mr. Steve Loflin.
D. Boards and Commissions – County Manager Nelson stated that the collection of occupancy tax in Watauga County required the establishment of a Watauga County District U Tourism Development Authority that was to consist of six members. One-third of the membership was to be individuals who were affiliated with the businesses that collected the tax in the district and at least one-half of the membership was to be individuals who were currently working in the promotion of travel and tourism in the district. The County Manager presented the following names as recommended at the previous meeting: Mr. Rob Holton, Mr. Doug Clawson, Mr. Dave Robertson, Ms. Missy Harrill, Ms. Lisa Martin, Mr. Gene Messenkopf, Mr. Wayne Underwood, Ms. Kim Rogers, Mr. Dan Meyer, Ms. Joesette Maxwell, and Mr. Tim Wilson. The following voluntarily submitted their names for consideration: Ms. Jill Jordan-Wilson, Mr. Duncan Cavanaugh, and Mr. Tim Baxter. Chairman Deal requested to add Mr. Tony Gray to the list.
Chairman Deal recommended the following slate of members:
3 year term – Mr. Rob Holton
3 year term – Mr. Dave Robertson
2 year term – Ms. Lisa Martin
2 year term – Ms. Missy Harrill
1 year term – Mr. Doug Clawson
1 year term – Mr. Tony Gray
Commissioner Honeycutt recommended that Mr. Wayne Underwood serve as a 3 year member in place of Mr. Dave Robertson.
No action was taken at this time.
E. Announcements – County Manager Nelson announced that a seminar entitled Best Practices in Leading and Governing: Working for Results as a Board was scheduled through the North Carolina Association of County Commissioners February 23, 2006, in Hickory, North Carolina.
County Manager Nelson announced that the National Association of Counties Annual Conference was scheduled August 4-8, 2006, in Chicago, Illinois.
County Manager Nelson announced that the Annual Pre-Budget Retreat was scheduled for Thursday, March 2, 2006, from 4:00 P.M. till 8:00 P.M. and Friday, March 3, 2006, from 8:00 A.M. till 6:00 P.M. in the new Administration Building conference room.
County Manager Nelson announced that the February 21, 2006, Board of Commissioners meeting was to be held in the new Board room on the ground floor of the Administration Building at 814 West King Street at 6:00 P.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 10:29 A.M., Commissioner Blust, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:15 A.M.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
NCDOT MEETING DISCUSSION
County Manager Nelson requested direction from the Board in scheduling a meeting with DOT to discuss concerns from the Board.
The Board tabled scheduling a meeting until Chairman Deal spoke with Mr. Sam Erby, former Division 11 NC DOT Board member.
ADJOURN
The meeting adjourned, by consensus, at 11:20 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board