MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 21, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 21, 2006, 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 diSanti, 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 6:02 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 February 6, 2006, regular meeting minutes and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 6, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 6, 2006, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the February 21, 2006, agenda.
 
            County Manager Nelson requested to add two items under Miscellaneous Administrative Matters: 1) Discussion of Lou Phillips’ Request to Purchase County Owned Property, and 2) Review of County building use policies and a request for a special group to use the Administration Building Commissioners’ Board Room.
 
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the February 21, 2006, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
CRIMINAL JUSTICE PARTNERSHIP PROGRAM GRANT APPLICATION REQUEST
 
            Mr. Mike Vannoy with New River Behavioral Health Care reviewed the Criminal Justice Partnership Program grant application for FY 2007. The grant request was for $57,285 which required no County match and was a pass through grant to New River Behavioral Health Care to provide treatment services for substance abusers who were referred through the court systems.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the grant application as presented by Mr. Vannoy.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED PROCLAMATION TO RECOGNIZE THE NATIONAL EDUCATION ASSOCIATION’S “READ ACROSS AMERICA” PROGRAM
 
            Ms. Kathy Idol, a teacher and a member of the National Education Association (NEA), presented a proclamation to recognize the NEA’s “Read Across America” Program on March 2, 2006. The purpose was to promote reading education for children.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the proclamation recognizing the National Education Association’s “Read Across America” Program.
 
VOTE:   Aye-5
              Nay-0
 
LAWENFORCEMENTCENTER REQUESTED CHANGE ORDERS
 
            Mr. Jack Hemphill presented Change Orders 14, 15, 16, and 17 for the Watauga County Law Enforcement Center. He also gave a status report on the project and identified additional future change order items, requested by Sheriff Department staff or required by inspections from Facility Services, the Town of Boone, or the Town of Boone Fire Marshal, to be presented at a future meeting. 
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Orders 14, 15, 16, and 17 for the Watauga County Law Enforcement Center.
 
VOTE:   Aye-5
              Nay-0
 
SHERIFF’S DEPARTMENT MATTERS
 
            A.        Proposed Commissary Network Agreement – Major Steve Thompson presented a proposed contract with Keefe Commissary Network to provide commissary services at the new jail. Keefe Commissary Network, Inc. was to furnish products from an approved list as ordered and paid for by inmates. In turn Keefe was to reimburse the County 15% of sales.
 
            By consensus, the Board tabled action until a future meeting to allow for further research.
 
            B.         Surplus Vehicles Request – Major Steve Thompson requested that the following vehicles be declared surplus to be sold at public auction by the Sheriff’s Department:
 
Asset#
Year
Make
Model
Vin#
10962
1989
Toyota
Corolla
JTAE94V5K0076647
10458
1985
Chevy
Suburban
1G8EK16LOGG186999
10301
1988
Chevy
S-10 Truck
1GCBS14E2J2252725
9350
1995
Ford
Crown Vic
2FALP71W3SX192772
10036
1996
Ford
Crown Vic
2FALP71W9TX192812
10296
1997
Ford
Crown Vic
2FALP71W2VX224826
10662
2000
Ford
Crown Vic
2FALP71W2YX126929
10464
1998
Ford
Taurus
1FAFP5259WA278387
10850
2001
Ford
CV
2FAFP71W91X109566
10851
2001
Ford
CV
2FAFP71W91X109564
10461
1998
Ford
Taurus
1FAFP52WA278389
9396
1963
Stubkr
2 ½ Ton
M63735
10359
1984
Chevy
¾ Blazer
1G8ED18J4EF126664
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to declare the above listed vehicles as surplus and approve their sell through public auction by the Sheriff’s Department.
 
VOTE:   Aye-5
              Nay-0
 
HOME AND COMMUNITY CARE BLOCK GRANT (H&CCBG) ADVISORY COMMITTEE LEAD AGENCY AND MEMBERSHIP APPOINTMENTS
 
            Ms. Angie Boitnotte, Director of Project on Aging, stated that each year Watauga County was required to appoint a Home and Community Care Block Grant (H&CCBG) Advisory Committee and a lead agency to determine how best to utilize the H&CCBG funds for the coming Fiscal Year. Ms. Boitnotte recommended the following for appointment to the committee: Keith Honeycutt, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Fran Kelsey, Sandy Sims, Margie Mansure, Gail Hawkinson, Judy Vernon, Becky Council, Pat Coley, Beverly Donadio, Edward Harrill, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright.
 
            Ms. Boitnotte also requested that the Project on Aging be appointed as the Lead Agency.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to appoint the Project on Aging as the Lead Agency and waive the second reading and appoint the following to the H&CCBG Advisory Committee: Keith Honeycutt, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Fran Kelsey, Sandy Sims, Margie Mansure, Gail Hawkinson, Judy Vernon, Becky Council, Pat Coley, Beverly Donadio, Edward Harrill, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright.
 
VOTE:   Aye-5
              Nay-0
 
LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) MEMBERSHIP AND BYLAWS REQUESTS
 
            Mr. Seth Norris with the Watauga County Emergency Management Office reviewed recommended appointments to the Local Emergency Planning Committee (LEPC) and changes to the Bylaws. Mr. Norris stated that the membership and bylaws were updated annually and requested the following be appointed to the LEPC: Christie James, Jerry Sena, Joseph Miller, George Durfor, Dr. Evan Rowe, Dr. Jeff Sutton, Derek Goddard, Virginia Foxx, Gene Wilson, Sheriff Mark Shook, Chief Bill Post, Craig Sullivan, Chief Reggie Hassler, Jeff Barefoot, Linda Bretz, Barry Sauls, Chris Turner, Seth Norris, and Sonia Stevens.
 
            Commissioner Honeycutt requested to leave the word “majority” in Section 3 of the Bylaws in place of omitting it.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to appoint the following to the LEPC: Christie James, Jerry Sena, Joseph Miller, George Durfor, Dr. Evan Rowe, Dr. Jeff Sutton, Derek Goddard, Virginia Foxx, Gene Wilson, Sheriff Mark Shook, Chief Bill Post, Craig Sullivan, Chief Reggie Hassler, Jeff Barefoot, Linda Bretz, Barry Sauls, Chris Turner, Seth Norris, and Sonia Stevens.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the LEPC Bylaws as amended.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTION MATTERS
 
            A.        Replacement Vehicle Request – Mr. Joe Furman requested the purchase of a 4x4 extended cab ¾ ton pick up for use by the Emergency Management/Fire Marshal’s Office. The vehicle was a replacement for a vehicle that was recently totaled at no fault of the employee. The purchase price was to be covered by an insurance reimbursement in the amount of approximately $5,300 with the balance to be funded by a budget amendment from Mr. Furman’s Fiscal Year 2006 budget.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the purchase as requested of a 4x4 extended cab ¾ ton vehicle at state contract price from an approved vendor.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Secondary Road Systems Addition Request – Mr. Joe Furman stated that a secondary road petition had been received for Hidden Pond Road, .4 mile, located off Brown’s Chapel Road (NCSR 1513). Mr. Furman requested the Board adopt a resolution and forward it to the Department of Transportation for consideration of adding this road to the state maintained secondary roads system.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the resolution and approve forwarding it to the Department of Transportation for consideration of adding to the state maintained secondary roads system
 
VOTE:   Aye-5
              Nay-0
 
C.                 Report on DOT’s Request to Prohibit Fishing from A Bridge – Mr. Joe Furman was recently referred a request from the NCDOT for the County to enact a “no fishing” ordinance specifically for a bridge on NCSR 1114 (Dewitt Barnett Road) in the Valle Crucis community. After review, Mr. Furman recommended that the Board take no action and not adopt such an ordinance. Mr. Furman stated that no other such ordinances existing in Watauga County or in Division 11 of the Board of Transportation as a whole. County Attorney diSanti stated that he agreed with Mr. Furman’s recommendation.
 
            No action was taken on this matter.      
 
            D.        Out of State Travel Request – Mr. Furman requested out of state travel for Mr. Seth Norris to attend a two week course in Emmitsburg, Maryland. The purpose of the course was to receive training and to be certified as a Hazardous Materials Technician which was to allow Mr. Norris to teach courses for volunteer fire departments. The only cost to the County was for meals and Mr. Norris’ time, as his travel and lodging were to be reimbursed by FEMA.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the out of state travel request as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
BUDGET AMENDMENTS
 
            Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103586-332000           Home and Community Block Grant                                           $1,278
105550-422000           Food and Provisions                                          $1,278
 
            The amendment recognized additional state revenue to be used to increase Home Delivered Meals expenditures. Approved at the February 6th Board meeting.
 
 
            Account #                    Description                                                           Debit             Credit
143531-323000           Admn. Cost Reimb. Feb/State                                                $22,639
145480-438800           Crisis-Energy Assistance                                  $22,639
 
            The amendment recognized additional federal funds for the Crisis Intervention Energy Program.
 
            Account #                    Description                                                           Debit             Credit
663991-399100           Retained Earnings-Approp.                                                    $13,540
667420-435200           M&R-Equipment Repair                                  $13,540
 
            The amendment appropriated funds for the repair of the baler at the recycling center.
 
            Account #                    Description                                                           Debit             Credit
153300-343302           NC Helping Neighbors Funds                                                  $2,820
154920-449903           Hurricane Katrina-Evacuees                              $2,820
 
            The amendment recognized funds to be received from the state to assist unmet needs of Hurricane Katrina evacuees in Watauga County.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
TAX LIEN REPORT
 
            Mr. Kelvin Bryd reviewed the Tax Lien Report. Mr. Byrd requested the Board accept the listing of delinquent tax bills that were liens on real property and to authorize the advertisement of such liens.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to charge Mr. Byrd to advertise delinquent tax bills that were liens on real property.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED RESOLUTION LIMITING GOVERNMENTS’ USE OF EMINENT DOMAIN
 
            County Manager Nelson presented a draft resolution, per Commissioner request, which supported the limiting of the Governments’ use of eminent domain and insured that, when used, it was for solely public purposes. The County Manager reviewed requested changes to the resolution that were received from the Board. Commissioner Honeycutt stated that he had requested this resolution and shared additional information regarding eminent domain.
 
            After discussion, the Board, by consensus, agreed to table action until the March 6, 2006, meeting to allow Commissioners to submit comments and request changes to the County Manager.
 
BOARD OF ELECTIONS’ GRANT APPLICATION REQUEST
 
            Dr. Stella Anderson, Chairman of the Watauga County Board of Elections, stated that the North Carolina State Board of Elections had informed Watauga County that it was eligible for an additional $30,000 in Help America Vote Act (HAVA) funds which had to be obligated by April 1, 2006. 
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to obligate the additional funds as presented by Dr. Anderson.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Honeycutt requested that Dr. Anderson remain at the meeting for the public comment period as some citizens planned to share concerns with the Board of Elections.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Discussion of Annual Pre-Budget Retreat – County Manager Nelson reviewed the tentative retreat agenda which was scheduled for March 2nd and 3rd at the Commissioners’ Conference Room in the Watauga County Administration Building.
 
            The Board directed the County Manager to invite a representative of the YMCA to meet along with the Western Youth Network at the retreat to discuss possibilities for the future of  a YMCA in Watauga County.
 
            B.         DOT/DMV Tag Office Discussion – County Manager Nelson stated that he had spoken with Mr. Arnold Lakey, DOT Division 11 Board Member, who had reported that he had been in contact with the Division of Motor Vehicles (DMV) regarding a tag office in Watauga County. Mr. Lakey had stated to the County Manager that the DMV stated that an option was for the County to take over the tag office services. The County Manager stated that he and the Tax Administrator were of the opinion that the citizens would be better served by a free standing contracted DMV office.
 
            The Board directed the County Manager to draft a letter for consideration at the March 6, 2006, Board meeting stating the inconvenience of not having a local DMV office and that the Board of Commissioners’ believe the function of DMV services should be contracted out to private enterprise.
 
            C.        Boards and Commissions – County Manager Nelson stated the Recreation Commission had a vacancy representing the Hardin Park School District and that Hardin Park had recommended Mr. Randy McDonough be appointed to the Recreation Commission.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to waive the second reading and appoint Mr. Randy McDonough to the Watauga County Recreation Commission.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson presented a written ballot for appointments to the Tourism Development Authority with the following nominees: Rob Holton, Doug Clawson, Dave Robertson, Missy Harrill, Lisa Martin, Gene Messenkopf, Wayne Underwood, Kim Rogers, Dan Meyer, Joesette Maxwell, Tim Wilson, Jill Jordan-Wilson, Duncan Cavanaugh, Tim Baxter, Tony Gray, and Jim Neustadt.
 
            Upon tally of written ballots, the following were the high vote recipients for the Watauga County Tourism Development Authority: Mr. Rob Holton, Mr. Doug Clawson, Mr. Dave Robertson, Ms. Missy Harrill, Ms. Lisa Martin, and Mr. Tony Gray
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to appoint Mr. Rob Holton and Mr. Doug Clawson to three year terms; Mr. Dave Robertson and Ms. Missy Harrill to two year terms; and Ms. Lisa Martin and Mr. Tony Gray to one year terms.
 
VOTE:   Aye-5
              Nay-0
 
            All future appointments to this Board were to be for three year terms.
 
            D.        Announcements – County Manager Nelson announced that the UNC School of Government had scheduled training entitled “Essentials of Economic Development” for elected officials at several locations with the nearest being in Hickory, NC on April 6, 2006.
 
            County Manager Nelson announced that the Agriculture Extension Annual Report to the People Luncheon was scheduled for Monday, March 6, 2006, at 11:45 A.M. at the Agriculture Conference Center.
 
            County Manager Nelson announced that a kick off for National Library Week was scheduled for April 3, 2006, with a more formal invitation to be presented at a future meeting.
 
            County Manager Nelson announced that the Cooperative Extension had interviews scheduled March 3, 2006, for the Agriculture Agent.
 
            The Board directed the County Manager to request that a representative from the agriculture community attend the interviews as the Commissioners were to be in their scheduled Pre-Budget Retreat the entire day of the 3rd.
 
            E.         Discussion of Lou Phillips’ Request to Purchase County Owned Property – County Manager Nelson stated that Ms. Lou Phillips had presented an offer of $3,683 to purchase a small piece of County owned property adjacent to her property on Green Briar Road which was to allow her to place a septic tank and build a house on the combined properties. County Manager Nelson stated that the appraised value of the property was $4,500.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to accept the offer of $3,683 to begin the upset bid process.
 
VOTE:   Aye-5
              Nay-0
 
            F.         Review of County Building Use Policies and A Request for a Special Group to Use the Administration Building Commissioners’ Board Room – County Manager Nelson stated that a group had requested the use of the Commissioners’ Board Room in the new Administration Building for the evening of Thursday, February 23, 2006. The County Manager requested direction as there was not a use policy in place for the new building as of yet and reviewed the policies for use of the Courthouse and other County buildings.
 
            The Board directed the County Manager to have the Departments in charge of delegating use of County buildings to review their policies and recommend any changes to the Manager and Assistant Manager who would then turn the policies over to the County Attorney for review prior to presentation at a future Board meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the current Courthouse Use Policy for the new Administration Building.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to allow the group to use the Commissioners’ Board Room in the Administration Building.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC COMMENT
 
            The following spoke during public comment: Mr. Terry Combs, Mr. Scottie Eller, Ms. Deborah Greene, and Mr. Herbert McCoy.
 
CLOSED SESSION
 
            At 8:15 P.M., Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to resume the open meeting at 8:35 P.M.
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The meeting was adjourned at 8:38 P.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board