• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 18, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 18, 2006, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       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
 
            [Clerk’s Note: Chairman Deal was not in attendance due to a prior commitment]
 
            Vice-Chairman Winkler called the meeting to order at 6:01 P.M. welcoming those in attendance.
 
            Commissioner Honeycutt opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Vice-Chairman Winkler called for additions or corrections to the April 3, 2006, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the April 3, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the April 3, 2006, closed session minutes as presented.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
APPROVAL OF AGENDA
 
            Vice-Chairman Winkler called for additions and/or corrections to the April 18, 2006, agenda.
 
            County Manager Nelson requested to add the following three items under Miscellaneous Administrative Matters:
            Discussion of North Carolina Gas Tax
            Discussion of North Carolina Lottery Funds
            Request to remain with NCACC Insurance Pool
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the April 18, 2006, agenda as amended.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
PUBLIC HEARING TO CONSIDER APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM APPLICATION
 
Vice-Chairman Winkler declared a public hearing open at 6:06 P.M. to consider AppalCART’s Rural Operating Assistance Program Application.
 
AppalCART Director, Mr. Chris Turner, addressed the board explaining, that this application was submitted annually to provide Watauga County with state funding to expand AppalCART’s rural transportation services. Mr. Turner stated that this year the funding amount was $44,804 and no local match was required. The funding was allocated to improve access to transportation for clients of the Project on Aging, Watauga Opportunities, Carolina Friendship, the Department of Social Services and Work First.
 
There being no public comment, Vice-Chairman Winkler declared the public hearing closed at 6:10 P.M.
 
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the submission of the application as presented.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
PUBLIC HEARING TO ALLOW PUBLIC COMMENT ON PROPOSED SOLID WASTE OPERATIONS ORDINANCE AMENDMENTS
 
            Vice-Chairman Winkler declared the public hearing open at 6:11 P.M. to allow for comment on proposed changes to the Solid Waste Operations Ordinance.
 
            County Manager Nelson review the proposed changes and, although a public hearing was not required for the proposed amendments, requested a second public hearing be scheduled for the May 8, 2006, Board meeting as inadvertently, notice was not posted to advertise this public hearing.
 
            There being no public comment, Vice-Chairman Winkler declared the public hearing closed at 6:13 P.M.
 
            By consensus, the Board agreed to hold a second public hearing at the May 8, 2006, Board meeting to allow public comment on proposed amendments to the Solid Waste Operations Ordinance.
 
FIRE DEPARTMENT MATTERS
 
            A.        CCC&TI Training – Mr. Terry Combs, Chairman of the Watauga County Fireman’s Association stated that he had met with Mr. Norman Staines of Caldwell Community College and Technical Institute, and stated that a satisfactory agreement had been worked out to provide training to volunteer firemen.
 
            Mr. Staines stated that he planned to meet with representatives from the volunteer fire departments monthly to continue dialog on classes needed for training purposes.
 
            This report was for information only and therefore no action was required.
 
            B.         Revenue Neutral Tax Rate Discussion – Vice-Chairman Winkler stated that new North Carolina General Statutes required counties to publish their revenue neutral. Vice-Chairman Winkler recommended having volunteer fire department representatives attend a budget work session to discuss equipment and funding request in greater detail than time was to allow at this meeting. The following spoke representing volunteer fire department funding: Frank Aldridge representing Foscoe VFD Member; Terry Combs representing Cove Creek VFD and the Fire Commission; Floyd Hicks representing Beaver Dam VFD; Doug Berry representing Stewart Simmons VFD; Kent Graham representing Blowing Rock VFD; Reggie Hassler representing Boone VFD; and Don Miller representing Zionville VFD.
           
            This report was for information only and therefore no action was required.
 
COOPERATIVE EXTENSION REPORT
 
            Ms. Nancy Reigel and Ms. Sue Counts representing the Watauga County Cooperative Extension presented a report on the recently conducted survey to determine farm demographics.
 
            The report was presented for information only and therefore no action was required.
 
REQUEST TO HOUSE OUT OF COUNTYINMATES
 
            County Manager Nelson stated that Sheriff Shook had requested approval to house prisoners from other counties in the recently completed law enforcement center. The current Watauga County census was running approximately 55 to 60 so therefore approximately 55 to 60 beds were vacant. The proposed cost per day per inmate for other counties was to be $45.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve housing out of county inmates at the new Law Enforcement Center for a fee of $45 per day contingent upon the County Attorney preparing a release stating that Watauga County can reject or accept prisoners at any time based on its sole discretion and that the transferring county was to be responsible for all medical care including prescription drugs and provide all transportation.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
EMERGENCY COMMUNICATIONS EQUIPMENT PURCHASE REQUEST
 
            Emergency Management Director Lisa Danner requested approval to expend $36,611 from the County’s capital reserve fund that was earmarked for emergency communications. The purpose of the request was to upgrade the Emergency Communications system that served both the Sheriff’s and Fire Departments. County Manager Nelson stated that the request was originally submitted with the fiscal year 2007 budget requests, however funds were available in the capital reserve and as they are needed improvements, approval was requested for the allocation and purchase at this time.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the request for $36,111 to be allocated from the capital reserve fund for the purchase of upgrades to the Emergency Communications system.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
BUDGET AMENDMENTS
 
            Ms. Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103612-385502           Senior Games                                                                             $649
106120-449900           Senior Games-Games Allowance                          $649
 
            The amendment recognized grant funds received from North Carolina Senior Games Allowance program. These funds must be designated to fund projects that assist the local games in serving more participants and obtaining more visibility for the Local Senior Games program.
 
            Account #                    Description                                                           Debit             Credit
143585-323000           Title XX & FSA Daycare                                                            $240
145850-440900           Subsidized Childcare                                            $240
 
            The amendment recognized the March 2006 state allocations for direct child care services to Hurricane Katrina evacuee families only.
 
            Account #                    Description                                                           Debit             Credit
103300-343311           Health Res. Ser. Admn.-SMAT                                             $18,381
104330-429001           Other Supplies-SMAT                                      $1,881
104330-451001           Capital Outlay-SMAT                                     $10,500
104330-449911           Misc. Exp.-Decontam.-SMAT                          $6,000
 
            The amendment recognized the award of the Health Resource Service Administration Grant from the NC Dept. of Health and Human Services. These funds will be used to purchase equipment to assist fire fighter rehabilitation and decontamination, and to purchase radios and two laptops. No local match was required. The application for this grant was approved at the January 24, 2006, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
283101-312401           Taxes Ad Valorem-05-06                                                      $10,000
284340-469901           Pay to Fire Dept.-Foscoe                                $10,000
283101-312404           Taxes Ad Valorem-05-06                                                        $5,000
284340-469904           Pay to Fire Dept.-Beaver Dam                          $5,000
283101-312405           Taxes Ad Valorem-05-06                                                        $4,500
284340-469905           Pay to Fire Dept.-St. Simmons                          $4,500
283101-312406           Taxes Ad Valorem-05-06                                                        $6,000
284340-469906           Pay to Fire Dept.-Zionville                                 $6,000
283101-312407           Taxes Ad Valorem-05-06                                                      $11,000
284340-469907           Pay to Fire Dept.-Cove Creek                         $11,000
283101-312408           Taxes Ad Valorem-05-06                                                        $3,500
284340-469908           Pay to Fire Dept.-Shawneehaw                         $3,500
283101-312409           Taxes Ad Valorem-05-06                                                        $7,000
284340-469909           Pay to Fire Dept.-M. Camp                               $7,000
283101-312410           Taxes Ad Valorem-05-06                                                        $5,500
284340-469910           Pay to Fire Dept.-Deep Gap                              $5,500
283101-312411           Taxes Ad Valorem-05-06                                                        $6,500
284340-469911           Pay to Fire Dept.-Todd                                     $6,500
283101-312412           Taxes Ad Valorem-05-06                                                        $8,000
284340-469912           Pay to Fire Dept.-Blowing Rock                        $8,000
283101-312519           Taxes Ad Valorem-05-06                                                        $1,000
284340-469919           Pay to Fire Dept.-Meat Camp/Creston              $1,000
243101-312004           Taxes Ad Valorem-05-06                                                        $6,000
244340-469905           Pay to Fire Dept.-Boone                                   $6,000
 
            The amendment recognized additional fire tax district revenues and payments to volunteer fire departments.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by Ms. Isaacs.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
BREAK
 
            Vice-Chairman Winkler called for a break.
 
PUBLIC HEARING REQUEST – INCUBATOR GRANT APPLICATION
 
            Mr. Joe Furman, Economic Development Director requested a public hearing to allow public comment on a grant application to the NC Rural Center NC Division of Community Assistance for renovations to the Appalachian Enterprise Center. The public hearing was required prior to the submission of the pre-application which was due May 19, 2006; therefore, Mr. Furman requested that the public hearing be scheduled at the May 8, 2006, meeting at 9:00 A.M.
 
            By consensus, the Board agreed to set a public hearing for the May 8, 2006, Board meeting to allow public comment on the pre-application to the NC Rural Center NC Division of Community Assistance for renovations to the Appalachian Enterprise Center.
 
SUBDIVISION PERFORMANCE GUARANTEES
 
            Mr. Joe Furman presented subdivision performance guarantees for the final plats for the Autumn Chase development and the Riverwood at Valle Crucis development both of which were irrevocable letters of credit from AF Bank which guaranteed road construction and were pursuant to section 92 of the Subdivision Regulations.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantees as presented by Mr. Furman.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
BRUSH GRINDING REQUEST
 
            Mr. J. V. Potter, Operational Services Director, requested approval to enter into a contract with Innovative Recycling Services, Inc. for grinding services for approximately 1,100 tons of brush and stumps that were currently on site at the landfill. The cost was to be $18 per ton with original amount of the contract being $19,800 to be adjusted as/if more materials are received prior to beginning.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the requested contingent upon the County Attorney’s review of the contract.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE
 
Assistant County Manager Geouque presented the most recent draft of amendments to the Watauga County Animal Control Ordinance and recommendations including provisions to spay and neuter animals that were forwarded by the Watauga Humane Society. 
 
By consensus, the Board agreed to direct the Assistant County Manager to obtain additional ordinances from comparable counties to present at a future meeting prior to scheduling a work session.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Courthouse Security Discussion – County Manager Nelson stated that the County received a letter from Judge James L. Baker, Senior Resident Superior Court Judge, concerning courthouse security. Based on budget discussions with the Sheriff and his staff, the Manager will be including funds for a third bailiff in the recommended budget to improve courthouse security. Also, numerous changes affecting improved courthouse security will be present in the courthouse addition currently under construction. 
 
            By consensus, the Board agreed to direct the Manager to send a letter to Judge Baker, Clerk of Court Glenn Hodges, and Sheriff Shook stating that a third Bailiff position for the Courthouse was to be included in the Fiscal Year 2007 budget and highlighting the security features that were to be incorporated into the Courthouse once renovations were complete and to request the Sheriff allow Judge Baker and Clerk of Court Hodges discussion in the hiring of the additional Bailiff.
 
            B.         Community Gardens of the Blue Ridge Space Request – Ms. Marsha Walpole with the Community Gardens of the Blue Ridge, a volunteer organization to help grow vegetables and furnish them to low income Watauga residents, requested space for a community garden at the Western Watauga Community Center. This space had previously been used as a garden by WAMY Community Action but had been standing as a grassed area for the last several years.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Community Gardens of the Blue Ridge request for space at the Western Watauga Community Center for space for garden plots contingent upon the County Attorney preparing a liability waiver and an agreement for the Community Gardens of the Blue Ridge be responsible for maintenance of the garden area.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            C.        Proposed Community Pride Week Resolution – Assistant County Manager Geouque presented a proposed Resolution proclaiming the week of May 29 – June 3, 2006 as Community Pride Week in Watauga County. Mr. Geouque also discussed planned activities for the week.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the resolution as presented and declare the week of May 29 – June 3, 2006, as Community Pride Week in Watauga County.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            D.        Proposed Medicaid Relief Legislation Discussion – County Manager Nelson reviewed a memo from the North Carolina Association of County Commissioners (NCACC) detailing the current North Carolina Medicaid relief plan for 2006-2007. The County Manager also announced that the NCACC was sponsoring its annual County Assembly Day on May 17th to rally commissioners on Medicaid relief and other legislative efforts.
 
            This report was for information only and therefore no action was required.
 
            E.         Proposed Courthouse/Administration Building Use Policy – County Manager Nelson reviewed the amended proposed policy for the use of the Courthouse and Administration Building meeting space.
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to adopt the Courthouse/Administration Building Use Policy as presented and to be in effect beginning June 1, 2006.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            F.         2006 CIP Presentation – Assistant County Manager Geouque presented the 2006 Capital Improvement Plan, a tool that was used by staff in planning for the future as well as in preparing the budget. Mr. Geouque stated that amounts listed for the next fiscal year may be changed either at the direction of the Board or by staff in developing the recommended budget.
 
            This report was presented for information only and therefore no action was required.
 
            G.        Discussion of North Carolina Gas Tax – Commissioner Honeycutt stated that the discretionary portion of the North Carolina Gas Tax was currently listed as 3.5¢ or 7 ½ % per gallon at the wholesale price, whichever was greater. With gas prices soaring, the amount of tax was rapidly increasing.
 
            By consensus, the Board agreed to direct the County Manager to prepare a draft letter for the next meeting to our Representatives, the Governor, and the Speaker of the House and Senate, requesting the State roll back to a fixed 3.5¢ per gallon gas tax only and drop the percentage.
 
            H.        Discussion of North Carolina Lottery Funds – Commissioner Honeycutt stated that funds from the North Carolina lottery have replaced funding previously allocated for education which went against the statement prior to the lottery that the lottery was not to replace school funding but to add to it. 
 
            By consensus, the Board agreed to direct the County Manager to prepare a draft letter for the next meeting to our Representatives and the Speaker of the House and Senate stating that Watauga County was disappointed with lottery funds replacing already budgeted educational funding.
 
            I.          Request to remain with NCACC Insurance Pool – Assistant County Manager Geouque stated effective July 1, 2006, the North Carolina Association of County Commissioners (NCACC) Group Benefits Pool was to transition the County Health Plan to CIGNA acting as the new claims administrator and Caremark as the prescription benefit manager. The change was to occur before the County’s next scheduled renewal date of December 31, 2006, and was to affect county employees as the Pool was to no longer have a contract with Blue Cross Blue Shield of North Carolina (BCBSNC). The Assistant County Manager stated that after late notification from the NCACC that BCBSNC was not permitted to complete the remaining term of the county’s contract, staff immediately engaged BCBSNC to proved a direct quote for the remaining six months as well as quotes for twelve and eighteen month periods. A six month quote was not permitted due to Department of Insurance regulations and the other quotes were 17-18% higher with a decrease in benefits and no provisions for rollover of deductibles. Deductibles were to rollover with CIGNA however, the network was to change. The Assistant County Manager stated that NCACC was offering a $10,000 cash incentive to groups that continued in the health insurance pool if written notification was sent to the NCACC Risk Management Pool no later than May 1, 2006. 
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve remaining with the NCACC Insurance Pool through December 31, 2006, and directed the Assistant County Manager to send such written notification to the NCACC Risk Management Pool in order to receive the $10,000 cash incentive.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            J.          Announcements – County Manager Nelson announced that the May meeting schedule for the Board of Commissioners was set as follows:
 
·        May 8, 2006, 1st Regular BCC Board Meeting 9:00 A.M.
·        May 10, 2006, 1st Budget Work Session 4:00 P.M. – 10:00 P.M.
·        May 11, 2006, 2nd Budget Work Session 4:00 P.M. – 7:00 P.M.
·        May 23, 2006, 2nd Regular BCC Board Meeting 6:00 P.M.
 
            County Manager Nelson announced that the North Carolina Association of County Commissioners had announced that their 99th Annual Conference will be September 7-10, 2006 with Forsyth serving as the host County. Additional information was to be forwarded at a future date.
 
PUBLIC COMMENT
 
            Gale Henson spoke during public comment.
 
CLOSED SESSION
 
            At 8:51 P.M., Commissioner Blust, seconded by Commissioner Honeycutt, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6), and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 9:38 P.M.
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
 
ADJOURN
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to adjourn the meeting at 9:38 P.M.
 
VOTE:   Aye-4(Winkler, Blust, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Deal)
                                   
 
 
William R. Winkler, III, Vice-Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board