Watauga County, NC

MINUTES

WATAUGA COUNTY BOARD OF COMMISSIONERS

MONDAY, DECEMBER 6, 2010

The Watauga County Board of Commissioners held a regular meeting on Monday, December 6, 2010, at 9:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.

PRESENT: Jim Deal, Chairman

William R. Winkler, III, Vice-Chairman

Tim Futrelle, Commissioner

Winston Kinsey, Commissioner

Anthony di Santi, County Attorney

Robert E. Nelson, Jr., County Manager

Deron Geouque, Deputy County Manager

Anita J. Fogle, Clerk to the Board

[Clerk’s Note: Commissioner Cooper was absent due to a previous engagement.]

Chairman Deal called the meeting to order at 9:01 A.M., welcoming those in attendance.

APPROVAL OF MINUTES

Chairman Deal called for additions and/or corrections to the November 16, 2010, regular and closed session minutes.

Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the November 16, 2010, regular meeting minutes as presented.

VOTE: Aye-4(Deal, Winkler, Futrelle, Kinsey)

Nay-0

Absent-1(Cooper)

Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the November 16, 2010, closed session minutes as presented.

VOTE: Aye-4(Deal, Winkler, Futrelle, Kinsey)

Nay-0

Absent-1(Cooper)

Chairman Deal declared a recess at 9:06 A.M. and announced that the recess was to allow for the newly elected Commissioners David Blust, Vince Gable, and Nathan Miller to be sworn in at a separate ceremony which was held in Courtroom #1. Chairman Deal announced that the Board of Commissioners meeting was to reconvene at 2:00 P.M.

The meeting reconvened at 2:00 P.M. in the Commissioners’ Board Room with Commissioners Blust, Deal, Futrelle, Gable, and Miller present. Commissioner Blust started the meeting with a prayer.

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 Gable nominated Commissioner Miller for Chairman. The Board unanimously appointed Commissioner Miller as Chairman.

The meeting was then turned over to Chairman Miller.

Chairman Miller called for nominations for Vice-Chairman of the Watauga County Board of Commissioners.

Chairman Miller, seconded by Commissioner Gable, moved to appoint Commissioner Blust as Vice-Chairman.

VOTE: Aye-5

Nay-0

B. Staff Appointments – Commissioner Deal, seconded by Commissioner Gable, moved to re-appoint Robert E. Nelson, Jr. as the County Manager.

VOTE: Aye-5

Nay-0

Commissioner Deal, seconded by Commissioner Gable, moved to re-appoint Anita J. Fogle as Clerk to the Board.

VOTE: Aye-5

Nay-0

Commissioner Deal, seconded by Commissioner Gable, moved to re-appoint Angie Ritter and Monica Harrison as Substitute Clerks to the Board.

VOTE: Aye-5

Nay-0

Commissioner Gable, seconded by Chairman Miller, moved to appoint Eggers, Eggers, Eggers, and Eggers as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services and their Child Support Enforcement Offices.

VOTE: Aye-5

Nay-0

C. Commissioner Boards & Commissions Appointments – The following Commissioner Board appointments were made by Chairman Miller:

Appalachian District Health Department Deal

AppalCART Authority Futrelle

Blue Ridge Resource Conservation & Development Area Blust

Caldwell Community College &Technical Institute

Watauga Advisory Board Futrelle

Children’s Council/Child Protection Team Futrelle

Committee of 100 Blust

Criminal Justice Partnership Program Gable

Economic Development Commission Blust

Educational Planning Committee (2 appointees) Blust & Futrelle

EMS Advisory Committee Gable

Future Forward Blust

High Country Council of Governments – Executive Board Miller

Northwest Advisory Council of Advantage West

Rural Transportation Advisory Committee

Juvenile Crime Prevention Council Futrelle

Library Board Futrelle

Motor Vehicle Valuation Review Committee Gable

New River Service Authority Board Miller

Smoky Mountain LME (Mental Health) Futrelle

POA Advisory Committee (Home & Community Care Block Grant) Futrelle

Watauga County Cooperative Extension’s Advisory Leadership Board Gable

Watauga County Fire Commission Gable

Watauga County Medical Center Board of Trustees Deal

Watauga County Personnel Advisory Committee Miller

Watauga County Recreation Commission Deal

Watauga County Department of Social Services Miller

Watauga Opportunities, Inc. Blust

Workforce Development Consortium Chairman

D. Fidelity Bonds. The following individual fidelity bonds were presented for approval:

Position Bond Amount Statutory Requirement

Finance Director $50,000 No less than $50,000, per NCGS 159-29

Deputy Finance Director $50,000 Same as above

(County Manager)

Tax Collector $50,000 Amount considered reasonable

by BCC, NCGS 105-349-c

than $50,000, NCGS 161-4

Sheriff $25,000 Amount considered reasonable by BCC,

but no more than $25,000 max, NCGS 162-8

Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the individual fidelity bonds as presented.

VOTE: Aye-5

Nay-0

E. Meeting Schedule – County Manager Nelson stated that the Board of Commissioners’ regular meetings were currently 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.

Commissioner Deal, seconded by Commissioner Futrelle, moved to set the regular meeting schedule for the Watauga County Board of Commissioners as follows: the first Tuesday of each month at 8:00 A.M. and the third Tuesday of each month at 6:00 P.M. for the year 2011.

APPROVAL OF AGENDA

Chairman Miller called for additions and/or corrections to the December 6, 2010, agenda.

Vice-Chairman Blust, seconded by Commissioner Futrelle, moved to approve the December 6, 2010, agenda as presented.

VOTE: Aye-5

Nay-0

THE CHILDREN’S COUNCIL REPORT

Mr. Brian Cornell, Executive Director of The Children’s Council, Inc., presented a report on the Agency which has operated since the 1970s, preceding the State’s Smart Start Program and currently serving as the Smart Start Partnership for Watauga County. Smart Start is the state-funded initiative that supports child care-related, health, and family support services on behalf of children ages 0-5, with a goal that all children start school healthy and ready to learn. The Children’s Council has eleven funding sources, including the County, with their main source being the Smart Start Program followed by the Dropout Prevention Program. The Children’s Council has a child care resource and referral program which works with local child care facilities, including certified home centers, and serves as a reference for parents searching for child care.

The report was given for information only and, therefore, no action was required.

PROPOSED RESOLUTION APPROVING BLOWING ROCK FIRE AND RESCUE STATION 2 INSURANCE DISTRICT

Deputy Chief Kent Graham, representing Blowing Rock Fire and Rescue (BRFR), presented a resolution approving BRFR Station #2 and its insurance district. Blowing Rock Fire and Rescue recently completed the sub-station to improve services to the Hwy 221 area south of Blowing Rock. The proposed resolution was required to allow the Fire and Rescue to gain final approval for Station #2 and the insurance district from the State.

Commissioner Deal, seconded by Commissioner Gable, moved to adopt the resolution as presented.

VOTE: Aye-5

Nay-0

REPORT ON COMMUNITY-BASED YOUTH GANG VIOLENCE PREVENTION PROJECT: ASSESSMENT PHASE (FY 2009-2010)

Mr. Charlie Byrd, Chairman of the Juvenile Crime Prevention Council (JCPC), presented a report on youth gang violence prevention. This report was grant funded and coordinated through the JCPC.

The report was given for information only and, therefore, no action was required.

COOPERATIVE EXTENSION PROGRAM UPDATES

Mr. Jim Hamilton, NC Cooperative Extension Director for Watauga County, shared highlights from 2010 for various programs operated by the Extension. Mr. Hamilton also reported that the multiflora-rose eradication program had begun and the grant funds received were being expended. A more detailed report on that program was to be presented at a future meeting.

The report was given for information only and, therefore, no action was required.

PRESENTATION OF THE WATAUGA COUNTY AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION PLAN

Mr. Brian Chatham, Conservation Technician with the Watauga Soil and Water Conservation District, presented the Watauga County Agricultural Development and Farmland Preservation Plan. The Soil and Water Board approved the plan and recommended approval from the Board of Commissioners which would allow submission of the plan to the State. The development of the plan was grant funded with the goal of developing a strategy for preserving farmland in Watauga County.

County Manager Nelson stated that a public hearing was conducted on July 20, 2010, to allow citizen comment on a previous draft of the Plan and stated that an additional public hearing could be called if the Board so desired.

Commissioner Gable, seconded by Commissioner Futrelle, moved to approve the Watauga County Agricultural Development and Farmland Preservation Plan as presented to be forwarded to the State.

VOTE: Aye-5

Nay-0

HOSPITALITY HOUSE PROGRESS REPORT

Mr. Joe Furman, Planning and Inspections Director, presented a progress report on the construction of the new Hospitality House. The project was partially funded with Community Development Block Grant (CDBG) funds that were granted to Watauga County which acted as a pass-through agent for the Hospitality House. The CDBG funds were to be used for completing the project.

This report was given per CDBG guidelines for information only; therefore, no action was required.

FINANCE MATTERS

A. Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:

Account # Description Debit Credit

103586-332004 State Senior Center Funding $16,327

105550-426000 Office Supplies $1,500

105550-429200 Program Supplies $7,777

105550-431200 Travel-Subsistence $200

105550-431100 Travel-Mileage $400

105550-431300 Client Transportation $1,000

105550-432100 Telephone $800

105550-432500 Postage $200

105550-434100 Printing $450

105550-469514 Contracted Services - Instructors $4,000

The amendment recognized the award of the State Senior Center funding for aging services at the Lois E. Harrill and Western Watauga Community Center Senior Centers. Required matching funds were present in the Project on Aging’s budget and the Board of Commissioners approved the award of the funds at the October 4, 2010, regular meeting. These funds were temporarily frozen by the State and have since been reinstated; therefore, they may now be recognized.

Account # Description Debit Credit

103300-352100 NCDOC-Criminal Justice Partnership Grant $64,463

105210-469820 Criminal Justice Partnership Program $64,463

The amendment recognized grant funds awarded by the North Carolina Department of Correction for use in the Criminal Justice Partnership Program (CJPP). No matching funds were required.

County Manager Nelson added that the funds were allocated from a pass-through grant for the Criminal Justice Partnership Program administered by New River Behavioral Healthcare. The CJPP is reimbursed as receipts are submitted to the County.

Account # Description Debit Credit

103839-343100 Donations – Sheriff’s Office $1,000

104210-469505 Contracted Services – Internet Access $1,000

The amendment recognized a donation from Wal-Mart to be used for additional internet access for patrol officer in-car systems.

Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the budget amendments as presented by Ms. Pierce.

VOTE: Aye-5

Nay-0

B. Proposed Resolution and Agreement for BB&T Deposit Account – Ms. Pierce presented two resolutions authorizing signatory authority for checks, drafts, and other payment orders for Watauga County through BB&T and RBC Bank. The resolutions authorized the County Manager, Finance Director, and Chairman of the Board to execute these instruments.

Commissioner Deal, seconded by Commissioner Gable, moved to adopt both of the resolutions which authorized the County Manager, Finance Director, and Chairman to execute documents associated with the BB&T accounts and the RBC Bank accounts as presented.

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 2010.

B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for November 2010 for Board approval:

TO BE TYPED IN MINUTE BOOK

Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for November 2010, as presented.

VOTE: Aye-5

Nay-0

MISCELLANEOUS ADMINISTRATIVE MATTERS

A. Proposed AT&T Cell Tower Lease – County Manager Nelson stated that the Board had previously considered leasing a co-location site at the new bike park, located at Rocky Knob Park, on an existing Blue Ridge Electric Membership Company (BREMCO) transmission pole to AT&T for a cell tower antenna. Approval for the location of the cell tower was given by the Parks and Recreation Trust Fund (PARTF) as grant monies partially funded the land acquired for Rocky Knob Park. An Intent to Lease Notice was advertised by the Clerk to the Board, as directed by the County Attorney, 10 days prior to this meeting. The lease was to generate $6,000 annually from AT&T and the funds were to be allocated for maintenance and upkeep of Rocky Knob Park.

County Manager Nelson presented a Communications Facility Easement Agreement; a Transmission Line and Pole Attachment Easement; and a Utility Easement, all of which were required documents if the Board so chose to enter into an agreement with AT&T. All of the agreements had been reviewed by the County Attorney.

Chairman Miller, seconded by Commissioner Futrelle, moved to approve the AT&T lease agreements as prepared.

VOTE: Aye-5

Nay-0

By consensus, the Board requested the County Manager and Planning and Inspections Director to gather information regarding the County’s current Cell Tower Ordinance for review at the upcoming Annual Pre-Budget Retreat.

B. Discussion of Public Employee Collective Bargaining Bill – County Manager Nelson stated that the Federal Government was considering a Bill which, if adopted, was to authorize collective bargaining for some public safety employees. The North Carolina Association of County Commissioners (NCACC) had previously announced its strong opposition to this Bill in that it was projected to eventually include Sheriff’s Departments in its coverage, if adopted. The NCACC requested that counties take a position of opposition on this Bill and contact their Senators to voice such.

After discussion, Chairman Miller moved to direct the County Manager to send a letter to Senators Hagan and Burr stating that the Watauga County Board of Commissioners was against the Collective Bargaining Bill.

The motion died due to a lack of a second.

C. Discussion of December’s Meeting Schedule – County Manager Nelson stated that, historically, the second meeting in December had been cancelled due to the busy Christmas holiday schedule.

By consensus, the Board agreed to cancel the second regular Board meeting which was scheduled for December 21, 2010.

D. Announcements – County Manager Nelson announced that the Friends of the Library had invited the Board to attend an appreciation luncheon for staff and volunteers which was scheduled for Friday, December 10, 2010, from 11:30 A.M. to 1:00 P.M. in the Library Meeting Room.

County Manager Nelson announced that the Appalachian District Health Department was holding a Public Health Training on December 13, 2010, at 2:00 P.M. at the Ashe County Health Department. The training was to include a review of public health law; structure and governance; prevention and community health; clinic services; and environmental health.

County Manager Nelson announced that the County Christmas Luncheon was scheduled for Tuesday, December 14, 2010, from 12:00 P.M. to 2:00 P.M. at the Dan’l Boone Inn.

County Manager Nelson announced that the NCACC Legislative Goals Conference was scheduled for January 20-21, 2011, in Durham County. The NCACC also requested that counties attending the Conference appoint a voting delegate for representation. County Manager Nelson stated that the appointment of the voting delegate would be included on the agenda for the first meeting in January.

County Manager Nelson announced that workshops for newly elected and veteran county commissioners were scheduled by the UNC School of Government and presented a list of the sessions and dates offered.

PUBLIC COMMENT

There was no public comment.

CLOSED SESSION

At 3:18 P.M., Commissioner Deal, seconded by Commissioner Futrelle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).

VOTE: Aye-5

Nay-0

Commissioner Deal, seconded by Commissioner Gable, moved to resume the open meeting at 4:24 P.M.

VOTE: Aye-5

Nay-0

ADJOURN

Chairman Miller adjourned the meeting at 4:24 P.M.

Nathan A. Miller, Chairman

ATTEST:

Anita J. Fogle, Clerk to the Board