MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 4, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, December 4, 2006, at 8:00 A.M. in the Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                Keith Honeycutt, Commissioner
                                                Winston Kinsey, Commissioner
                                                John Cooper, Commissioner-Elect
                                                Mary Moretz, Commissioner-Elect
                                                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 8:05 A.M., welcoming those in attendance.
 
            Commissioner Kinsey opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the November 21, 2006, special meeting minutes, special meeting closed session minutes; and November 21, 2006, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the November 21, 2006, special meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the November 21, 2006, special meeting closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Kinsey stated that he had informed the Clerk of a typo in the regular meeting minutes.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the November 21, 2006, regular meeting minutes as amended.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the November 21, 2006, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            A recess was declared at 8:08 A.M. for the swearing-in of newly elected Commissioners John Cooper, Mary Moretz, and William Winkler.
 
            The meeting reconvened at 9:08 A.M. in the Board Room.
 
BOARD ORGANIZATIONAL MATTERS
 
            The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
 
            A.        Election of Officers. County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners. 
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to re-appoint Commissioner Deal as Chairman.
VOTE:   Aye-5
              Nay-0
 
            The meeting was then turned over to Chairman Deal.
 
            Chairman Deal called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. Commissioner Cooper nominated Commissioner Winkler for Vice-Chairman. There being no other nominations, a vote was taken.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Staff Appointments. Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Commissioner Moretz, moved to re-appoint Anita J. Fogle as Clerk to the Board and Rene Barnes as Substitute Clerk to the Board.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to appoint di Santi Watson Capua & Wilson as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Commissioner-Boards & Commissions Appointments. The following Commissioner Board appointments were made by Chairman Deal:
 
            Appalachian District Health Department                                                            Kinsey
            AppalCART Authority                                                                          Winkler
            Blue Ridge Resource Conservation & Development Area                                  Cooper
            Caldwell Community College &Technical Institute
                Watauga Advisory Board                                                                             Moretz
            Children’s Council/Child Protection Team                                                         Moretz
            Committee of 100                                                                                             Cooper
            Community Based Affordable Housing Steering Committee                   Cooper
            Community Council (2 appointees)                                                                    Cooper
                                                                                                                                    Deal
            Criminal Justice Partnership                                                                               Moretz
            Economic Development Commission                                                                 Cooper
            Educational Planning Committee (2 appointees)                                     Deal
                                                                                                                                    Moretz
            EMS Advisory Committee                                                                                Kinsey
            Future Forward                                                                                                Cooper
            High Country Council of Governments-Exec. Bd.                                              Winkler
             Northwest Advisory Council of Advantage West
             Rural Transportation Advisory Committee
            Juvenile Crime Prevention Council                                                                     Moretz
            Library Board                                                                                                   Winkler
            Motor Vehicle Valuation Review Committee                                         Winkler
            New River Service Authority Board                                                                  Winkler
            New River Mental Health                                                                                 Moretz
            POA Advisory Committee                                                                                Moretz
             (Home & Community Care Block Grant)
            Volunteer Resource Center                                                                               Moretz
            Watauga County Cooperative Extension’s Advisory Leadership Board Kinsey
            Watauga County Energy Park Working Group                                      Kinsey
            Watauga County Fire Commission                                                                    Kinsey
            Watauga County Medical Center Board of Trustees                                          Deal
            Watauga County Personnel Advisory Committee                                               Deal
            Watauga County Recreation Commission                                                          Deal
            Watauga County Department of Social Services (2 appointments)                     Moretz
                                                                                                                                    Shirlee Gaines-Edwards
            Watauga Opportunities, Inc.                                                                             Cooper
            Western North Carolina Local Government Caucus                                          Deal
            Workforce Development Consortium                                                                Chairman
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to confirm the above appointments to the various Boards and Commissions.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Fidelity Bonds. The following individual fidelity bonds were presented for approval:
 
Position                                                Bond Amount               Statutory Requirement
 
Finance Director                                   $50,000                       At least $10,000, no more
                                                                                                            than $250,000 G.S. 159-29
 
Deputy Finance Director                       $50,000                       Same as above
(County Manager)
 
            Tax Collector                                       $50,000                       Amount considered reasonable
                                                                                                            by BCC G.S. 105-349-c
 
Register of Deeds                                 $50,000                       At least $10,000 but no more
                                                                                                            than $50,000 G.S. 161-4
 
Sheriff                                                  $25,000                       $25,000 maximum G.S. 162-8
 
                Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the individual fidelity bonds as presented.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Meeting Schedule. Chairman Deal stated that the Board of Commissioners’ regular meetings were scheduled for the first Monday of each month at 9:00 A.M. and the third Tuesday of each month at 6:00 P.M. Chairman Deal stated that historically the Board cancelled the second meeting in December due to the holidays and numerous events held during that month. Chairman Deal stated the first meeting in January fell on the New Year’s Day holiday and was historically moved to the next work day.
 
            By consensus, the Board agreed to cancel the second meeting in December 2006 and to reschedule the first meeting in January for Tuesday, January 2, 2007, at 9:00 A.M.
 
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the December 4, 2006, agenda.
 
            Chairman Deal stated that Commissioner Moretz was to present Agenda Item # 13(b) “Discussion of Resident Property Tax Homestead Exemption.”
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the December 4, 2006, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
APPALACHIAN DISTRICT HEALTH DEPARTMENT ANNUAL REPORT
 
Mr. Daniel Staley, Appalachian District Health Department Director, reviewed the annual report for Fiscal Year 2005/2006. The report contained successes and community health concerns.
 
No Board action was required as this report was for information only.
 
PRESENTATION OF ECONOMIC DEVELOPMENT RESOLUTION REGARDING FUTURE WATER SUPPLY FOR WATAUGA COUNTY
 
            Mr. Rob Holton, representing the Watauga County Economic Development Commission, presented a Resolution Regarding the Future Water Supply for Watauga County which was recently adopted by the Economic Development Commission.
 
            By consensus, the Board directed the County Manager to schedule a joint meeting to discuss water/sewer issues with the Town of Boone, Appalachian State University, Town of Blowing Rock, Ashe County, and the Economic Development Commission for January or early February 2007.
 
BLOWING ROCK STAGE COMPANY FUNDING REQUEST
 
            Ms. Kim Cozort Kay, representing the Blowing Rock Stage Company, requested funding in the amount of $6,500 which was to match grant funds for an arts program entitled “Learning Enriched through Arts Partnerships (LEAP). The program intended to serve 290 children, ages kindergarten through the eighth grade, and 13 teaching artists and classroom teachers. The grant was through the Center for Creative Education in West Palm Beach, Florida. 
 
            As the LEAP program had not yet been approved by the Board of Education, the Board agreed, by consensus, to table further discussion until the January 2, 2007, meeting.
 
CONVEYOR BELT REPLACEMENT REQUEST
 
County Manager Nelson stated that at the Board had previously approved $50,000 to replace the conveyor belt at the Recycling Center at the Sanitation Department. The total cost of the conveyor belt and necessary parts was $77,090.98 but did not include installation. There were only two firms willing to travel to Boone to make this installation. One firm was in Wisconsin; the other, Catawba Bailer and Equipment (CBE), was in North Carolina. CBE furnished an estimate of $56,125 with the exact cost to be determined by the length of time and the supplies and equipment that were necessary to facilitate the installation of the new conveyor belt. The County Manager stated that staff was to monitor the hours, equipment, and materials used to ensure fair billing based on the schedule as included in their proposal. The conveyor belt fed the compacting baler which allowed the County to recycle cardboard, newspaper, tin cans, and aluminum cans.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve up to $133,215.98 for the purchase and installation of a replacement conveyor belt with the funds to come from the retained earnings account for landfill operations and with Catawba Bailer and Equipment to perform the installation.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of November 2006.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for November 2006 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for November 2006 as presented.
 
VOTE:   Aye-5
              Nay-0
 
PERMITS AND INSPECTIONS SOFTWARE REQUEST
 
            Ms. Glenda Duncan presented a proposal to replace and update the “permits and inspections” software currently being used by the Planning and Inspections Department. Money was set aside for this purchase in the County’s Capital Reserve line for future Information Technology needs. It was planned to request allocation once a suitable product had been determined by the staff involved. Ms. Duncan recommended that you accept a proposal from Tyler Technologies in the amount of $37,215 for new P&I software. This amount was lower than their original proposal as they dropped the charge for the first year of technical support. Ms. Duncan requested a total of $42,000 be allocated from the Capital Reserve Fund to the Information Technology budget to purchase the software and cover expenses related to the installation.
 
            Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the purchase of the “permits and inspections” software from Tyler Technologies in the amount of $37,215 and allocate $42,000 from the Capital Reserve Fund for Information Technology to the Information Technology budget for the purchase of this software and related costs.
 
VOTE:   Aye-5
              Nay-0
 
SUBDIVISION PERFORMANCE GUARANTEE
 
            Mr. Furman presented a subdivision performance guarantee, in the amount of $35,649.60 to assure road paving in the Brookshire Place town home development on Brookshire Road. The guarantee was an irrevocable letter of credit from AF Bank which guaranteed road construction and was pursuant to section 92 of the Subdivision Regulations.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the subdivision performance guarantees as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
REQUEST TO CONDUCT A PAY AND CLASSIFICATION STUDY
 
            Assistant County Manager Deron Geouque requested permission to negotiate with Springsted, Inc., to conduct a study to upgrade the County’s pay and classification system. This firm implemented our current system approximately five years ago. Staff recommended that the County negotiate directly with Springsted, Inc as the current system in place, including the pay for performance and evaluation system, was functioning well but some adjustments may be needed to ensure pay equity across the plan. The Assistant County Manager stated that funds were budgeted in the Administrative Budget and it was anticipated that the study would cost approximately $25,000.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct the Assistant County Manager to negotiate a contract with Springsted, Inc., in an amount up to $25,000 for the pay and classification study with funds budgeted for the project.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 Discussion of 911 Address Program – Mr. Joe Furman informed the Board how the program currently worked. Mr. Furman stated that all houses were required to have a minimum of 3½” tall reflective address numbers where they could be seen from the road. Mr. Furman also stated that the County’s building code required new buildings to have the numbers in place prior to final inspection and that a letter of notification was mailed with the building permit.
 
            Commissioner Moretz shared concerns that all homes were not in compliance and suggested a public education campaign be conducted to provide information to all citizens.
 
            Mr. Furman stated that his office provided house numbers to those who needed them and that E-911 funds could be used to purchase additional numbers if needed.
 
            By consensus, the Board directed Commissioner Kinsey, as a Fire Commission Board member, to take this concern to the Fire Commission for suggestions.
 
B.         Discussion of Resident Property Tax Homestead Exemption – Commissioner Moretz presented a draft resolution requesting that Watauga County be given an option to adopt a resident property tax homestead exemption which would benefit elderly and low-income permanent resident homeowners in the county.
 
After discussion, Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the Resident Homestead Exemption Resolution and directed the County Manager to fine tune the language and submit the resolution to the NCACC for the Legislative Goals Conference and the NC General Assembly (both House of Representatives and Senate).
 
VOTE:   Aye-5
              Nay-0
 
            C.        Discussion of December and January Meeting Schedule        Earlier in the meeting the Board agreed, by consensus, to cancel the second meeting in December 2006 and to reschedule the first meeting in January for Tuesday, January 2, 2007, at 9:00 A.M.
 
            As there were conflicts on the date of the second meeting in January, discussion of that meeting date was requested to be added to the January 2, 2007, agenda.
 
            D.        Sheriff’s Request to Hold Officer’s Certification – County Manager Nelson stated that the Sheriff requested that the Watauga County Sheriff’s Department be allowed to hold his son’s certification. The County Manager stated that this request was not to hire the Sheriff’s son but to “hold” his certification because once an officer received certification, if he/she was between jobs, he/she must find a host agency to maintain his/her certification in order to preserve the training standards that were achieved. Without this certification holding process, the training would lapse and have to be repeated.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Sheriff’s request to hold Mr. Len D. Hagaman, III,’s certification.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Courthouse Addition Change Order Discussion and Requests – County Manager Nelson presented Change Orders 8 & 9 on the Courthouse Renovation Addition project. Change Order 8 was in the amount of $8,438 and was to remove exhaust system ductwork on the first floor of the Courthouse; close up existing windows in walls; create room for new systems; add windows to the Register of Deeds offices; replace ceiling between Room 118 and 115 (evidence storage); and cover unsightly existing brick in corridor 101 to door 115. Change Order 9 was in the amount of $3,523 and was for additional stonework outside door 115; to replace existing worn out pump “s” with new pumps; to remove and reinstall two 100 amp electrical panels in existing closets; add two light fixtures from lay-in to surface mounted to accommodate the tight fit between existing beams and new ceiling change; and to upgrade existing conductors from no. 2 to no. 3 wiring. Both of these Change Orders have been previously discussed.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Order 8 in the amount of $8,438 and Change Order 9 in the amount of $3,523.
 
VOTE:    Aye-5
               Nay-0
 
            County Manager Nelson stated that staff was informed at the last construction progress meeting for the Courthouse addition project that an additional change order was needed. During demolition, it was discovered that the existing fire rated walls in the large courtroom did not extend to the metal decking of the roof. A void of approximately three feet existed around the perimeter of the courtroom. In that we were renovating this area, the Town of Boone required that the current building code be observed. This change order was to cost from $15,000 to $25,000 and was to consist of creating fireproof panels to be installed around the perimeter of the courtroom. County Manager Nelson stated that this change was required and a change order was to be presented at a future meeting for approval.
 
            F.         Appointment of Voting Delegate for NCACC Legislative Goals Conference – County Manager Nelson stated that the NCACC Legislative Goals Conference was scheduled for January 11 & 12, 2007, in Pinehurst, and each member county attending was to select a voting delegate to represent his/her county at the conference.
 
            By consensus, the appointment of a voting delegate for the NCACC Legislative Goals Conference was tabled until the January 2, 2007, Board meeting.
 
            G.        Boards and Commissions – Chairman Deal stated that Mr. Gene Swift’s appointment to the Board of Adjustment has expired month and Mr. Swift is not available for reappointment at this time.
 
            Commissioner Kinsey, seconded by Commissioner Moretz, moved to appoint Mr. Larry Brooks to the Board of Adjustment.
 
VOTE:    Aye-5
               Nay-0
 
            Chairman Deal stated that vacancies existed on the Boone Rural Fire Protection Service District. Appointments to this Board are made by each Commissioner and terms coincide with the appointing Commissioner’s term. 
 
            Commissioner Winkler re-appointed Robert Barnes to represent his district; Commissioner Moretz appointed Joe Edmisten to represent her district; and Commissioner Cooper re-appointed Pam Fisher to represent his district.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to confirm the appointments as made to the Boone Rural Fire Protection Service District.
 
VOTE:    Aye-5
               Nay-0
 
            Chairman Deal stated that vacancies existed on the Planning Board.  Appointments to this Board are made by each Commissioner and terms coincide with the appointing Commissioner’s term.  
 
            Appointments to the Planning Board were tabled until the January 2, 2007, meeting with the understanding that current appointees were to continue to serve until then.
 
            E.         Announcements – County Manager Nelson announced that the National Association of Counties (NACo) Legislative Goals Conference was scheduled for March 3-7,2007, in Washington, DC.
 
            County Manager Nelson announced that the Watauga County Employee’s Christmas Luncheon was scheduled from 12 noon to 2:00 P.M. on December 19, 2006, at the Dan’l Boone Inn with all Commissioners, County Attorneys, and staff invited.
 
            County Manager Nelson announced that the Watauga County Register of Deeds’ office invited the Board to attend their annual Christmas celebration scheduled for Monday, December 11, 2006, from 11:00 A.M. to 2:00 P.M. in the Register of Deeds’ office.
 
PUBLIC COMMENT
 
            Ms. Rebecca Saunders spoke.
 
CLOSED SESSION
 
            At 10:41 A.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Personnel Matters, per G. S. 143-318.11(a)(6); Economic Development Matters, per G. S. 143-318.11(a)(4); and Land Acquisition, per G. S. 143-318.11(5)(i).
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 12:27 P.M.
 
VOTE:   Aye-5
              Nay-0
 
SHERIFF’S SALARY
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to set Sheriff Hagaman’s salary beginning at $69,638 based on his years of experience.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 12:30 P.M.
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board