MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 18, 2002
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 18, 2002 at 7:00 P.M. in the Large Courtroom of the Watauga County Courthouse.
 
                        PRESENT:       Jimmy Hodges, Chairman
                                                James Coffey, Vice-Chairman
                                                Jack Lawrence, Sr., Commissioner
                                                Sue Sweeting, Commissioner
                                                Pat Wilkie, Commissioner
                                                Jeff Hedrick, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Hodges called the meeting to order at 7:03 P.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Hodges called for additions or corrections to the June 3, 2002 regular meeting and closed session minutes.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the June 3, 2002 regular meeting and closed session minutes as presented.
 
VOTE:    Aye-5
               Nay-0
 


APPROVAL OF AGENDA
 
            Chairman Hodges called for additions or corrections to the June 18, 2002 agenda.
 
            County Manager Nelson requested to add under Miscellaneous Administrative Matters the following: d) JCPC Board Certification and Administrative Budget, and e) Announcements
 
            County Manager Nelson stated that, per Commissioner request, time be added on the agenda between items eight and nine to discuss the recent letter received by the School Board proposing two new high schools in Watauga County.
 
            Commissioner Sweeting seconded by Commissioner Lawrence, moved to approve the June 18, 2002 agenda as amended.
 
VOTE:    Aye-5
               Nay-0
 
PUBLIC HEARING – NCDOT FISCAL YEAR 2003 SECONDARY ROAD PROGRAM
 
            A public hearing was opened at 7:06 P.M. to consider the North Carolina Department of Transportation’s (NCDOT) proposed Secondary Road Improvement Program for Fiscal Year 2003.
 
            Chairman Hodges turned the meeting over to Mr. Sam Erby, Board of Transportation Member for Division 11. Mr. Erby welcomed those in attendance and apologized for any inconvenience incurred by moving the public hearing date to allow for NCDOT to correct data and information regarding the Secondary Roads Program. Mr. Erby introduced the following NCDOT staff who were present: Mr. Carl McCann, Division Engineer; Mr. Mike Pettyjohn, Division Maintenance Engineer; Mr. Martin Bolick, District Engineer; Mr. Brandon Greer, District ROW Agent. Mr. Erby turned the meeting over to Mr. Pettyjohn.
 
            Mr. Pettyjohn explained the formula for the paving of unpaved secondary roads and improvements on unpaved roads. Watauga County was estimated to receive a total allocation of $4,764,723 for Fiscal Year 2002/2003. Mr. Pettyjohn turned the meeting over to Mr. Bolick.
 
            Mr. Bolick reviewed the proposed program for Watauga County. Of the $4,764,723 allocated, $3,930,000 would be used for paving unpaved roads, $250,000 for paved road improvements, $437,244 for unpaved road improvements and $147,479 in reserve for road additions, surveys, right of way signatures, overdrafts, and entrances to fire departments and rescue squads. Mr. Bolick turned the meeting over to Chairman Hodges.
 
            Chairman Hodges called on those who had signed up to speak at the Public Hearing. Mr. Larry Trivette and Ms. Tina Trivette shared concerns about mistakes in the data collected by NCDOT, Mr. Jack Richardson spoke regarding the naming of the section of road the new US HWY 421 will bypass, and Mr. Brian Villow asked how to track the progress of the Secondary Roads Program.
 
            There being no further public comment, Chairman Hodges declared the public hearing closed at 7:33 P.M.
 
            Mr. Pettyjohn requested the Board take one of the following actions:
 
            1) concur with the secondary roads plan as presented
            2) take no action
            3) recommend changes (as long as they did not deal with paving or paving priorities)
 
            Commissioner Sweeting seconded by Commissioner Wilkie, moved to delay action on the NCDOT Secondary Roads Improvement Plan for Fiscal Year 2002/2003 until there could be some resolve to the apparent conflict between citizens and NCDOT.
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Wilkie requested NCDOT Staff to meet with the Trivettes.
 
            Vice-Chairman Coffey thanked NCDOT for their continued progress on work within Watauga County.
 
PUBLIC HEARING – APPLICATION TO NCDOT SCENIC BYWAYS PROGRAM FOR NEW US HWY 421
 
            A public hearing was opened at 7:36 P.M. to allow public input on the application to the NCDOT Scenic Byways Program for the new US HWY 421.
 
            Planning and Inspections Director, Joe Furman, reviewed what the Scenic Byway Designation would mean.
 
            Mr. Sam Erby, Board of Transportation Member for Division 11, stated that the DOT builds and maintains roads and was not in the business of zoning.
 
            Mr. Bob Kopetsky, Landscape Design & Development Section Supervisor and former Scenic Byway Coordinator, explained the interest of scenic byways and answered several questions from Commissioner Sweeting. Mr. Kopetsky stated that property owners along the proposed byway could use their property as they pleased with one exception, which was the only regulatory law stating that, no new billboards would be allowed. Mr. Kopetsky stated if in the future the highway no longer met NCDOT’s criteria for Scenic Byways then its designation would be stripped.
 
            The following citizens spoke regarding the Scenic Byway Designation:
 
Those For the Designation               
Lyle Schoenfeldt
Tom Eshelman
Gerri Storie
Leo Mast
Dave Robertson
John Cooper
Hanes Boren
Betty Raymond
Linda Lonon
Pam Williamson
Andrew Mason
 
Those Opposed to the Designation
Terry Carroll
Denise Tuftee & Lila Phillips
John Brady
R. V. Brown
Joseph Miller
Johnny Hampton
Cheryl Westbrook
Betty Austin
Earl Wellborn
Howard Parlier
Sharon Greer
Brad Moretz
Gail Ford
Randy Greer
Bob Idol
Evelina Idol
Dale Hayes
Mack Brown
Jim Brown
Butch McNeil
Jane Miller
Deborah Greene
Sterling Carroll
Billy McNiel
John Stafford
 
            Petitions, with five hundred and one (501) signatures, in favor of the Scenic Byway designation were received.
 
            There being no further public comment, Chairman Hodges declared the public hearing closed at 8:52 P.M.
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to continue with the second application for the new US HWY 421 to be considered a Scenic Byway through the Department of Transportation’s Scenic Byways Program.
 
            After discussion the following vote was taken:
 
VOTE:    Aye-2 (Sweeting, Wilkie)
               Nay-3 (Hodges, Coffey, Lawrence)
 
ARCHITECTURE DESIGN SERVICES PROPOSAL
 
            Mr. Randy Jones, with David R. Jones Architecture, reviewed the proposal for architecture design services for the Heilig Meyers Warehouse building. The proposal was for structural and engineering testing which would determine the cost of renovation versus new construction.
 
            Commissioner Wilkie seconded by Commissioner Sweeting, moved to approve the contract for the first phase of architecture design services for the Heilig Meyers warehouse building.
 
VOTE:    Aye-5
               Nay-0
 
ADOPTION OF THE FISCAL YEAR 2003 BUDGET
 
            County Manager Nelson stated that the following changes were made to the proposed Fiscal Year 2002/2003 Budget.
 
DESCRIPTION
AMOUNT
Capital Reserve
 
Courthouse
($200,000)
Revco
($500,000)
Communications
($200,000)
Health Dept. – Rock Removal
$200,000
 
 
School Capital Outlay
 
Public Schools Capital Outlay
$19,588
 
 
General Fund
 
Fire Subsidy
$89,607
General Admin Workers Comp Addition
$15,933
Library
$6,000
Public School – Operating Expenditures
$180,412
General Administration – Manager’s Contingency
$60,000
Information Technology – Salaries
($23,574)
Information Technology – DP Equipment
($13,313)
Parks and Recreation – Capital Outlay – Equipment
($3,900)
Decrease tax rate by 1¢ to 37¢/$100
$492,330
 
 
Solidwaste Fund
 
Solidwaste – Haul Bill
($63,083)
Solidwaste – Tipping Fee
($60,000)
 
 
Net Changes
$0
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to adopt the fiscal year 2003 Budget Ordinance.
 
            Commissioner Wilkie requested to allow Mr. Bill Kaiser, with Stewart Simmons Volunteer Fire Department, to make a request for funds to improve their communications system. Mr. Kaiser’s official request was for the Board to include in the 2002-2003 County Budget up to $20,000 to be designated for a repeater tower on the east ridge of the Stewart Simmons Fire District.
 
            The Board allowed Mr. Kaiser, Fire Chief Mark Poteat, and Captain Doug Berry to address the request of which all stated the tower was badly needed to eliminate “dead” zones in their communication system.
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to amend the budget for Fiscal Year 2003 to designate up to $20,000 to Stewart Simmons Volunteer Fire Department for a repeater radio tower as requested.
 
VOTE:    Aye-5
               Nay-0
 
            The following vote was taken on Vice-Chairman Coffey’s motion to adopt the fiscal year budget:
 
VOTE:    Aye-5
               Nay-0
 
BUDGET AMENDMENTS
 
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            233839-389002           Controlled Substance Tax                                                        $6,637
            234310-451000           Capital Outlay – Equip.                                      $1,032
            234310-449901           Misc. Exp. – Cont. Sub. Tax                             $5,605
 
            To recognize controlled substance tax revenue and expenses.
 
            Account #                    Description                                                           Debit             Credit
            213991-399101           Fund Balance Approp. - New                                              $517,125
            219800-498010           Transfer to General Fund                               $517,125
            103980-398121           Transfer from Capital Reserve                                              $517,125
            105921-463001           CCC&TI-Mobile Units/Site Work                 $517,125
 
            To recognize the transfer of funds from Capital Reserve to the General Fund for the mobile units and site preparation for Caldwell Community College.
 
            Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the budget amendments as presented.
 
VOTE:    Aye-5
               Nay-0
 
Ms. Isaacs then presented the following additional budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            103586-332000           Home & Comm. Block Grant                            $2,734
            105550-412100           Salaries – Regular                                                                    $3,037
            105550-469511           Cont. Services-Health Screenings                         $303
 
            To recognize a net decrease in the Home and Community Care Block Grant which was approved at the April 16th Board of Commissioners meeting.
 
            Account #                    Description                                                           Debit             Credit
            263991-399101           Fund Balance Approp. - New                                                $23,275
            264331-449900           E-911 Wireless-Misc. Exp.                             $23,275
 
            To recognize the appropriation of funds for the center-line identification contract. This contract was completed last year and paid out of land-line E-911 funds, it should have been charged to wireless E-911.
 
            Account #                    Description                                                           Debit             Credit
            143300-345000           E&D Trans. Assist. Grant                                  $1,000
            145310-469845           E&D Trans. Client Tras.                                                           $1,000
            103300-345000           E&D Trans. Assist.                                            $1,000
            105550-431301           E&D Client Trans.                                                                   $1,000
 
            To recognize the transfer of Elderly and Disabled Transportation Assistance Funds between agencies.
 
            Commissioner Sweeting, seconded by Commissioner Lawrence, moved to approve the budget amendments as presented.
 
VOTE:    Aye-5
               Nay-0
 
DISCUSSION ON SCHOOL BOARD’S LETTER PROPOSING TWO NEW HIGH SCHOOLS IN WATAUGA COUNTY
 
            Commissioner Sweeting volunteered to meet with the School Board and Grant Wainscott, Economic Development Commission, to collect further information regarding the future of high school(s) in Watauga County. Commissioner Sweeting will research debt service, the life of a loan, uses for the existing high school, and information about cost.
 
            Commissioner Sweeting stated that she would report back to the Board in three months to share the information that she had collected.
 
            It was the consensus of the Board for Commissioner Sweeting to meet with and research the proposal by the School Board.
 
 
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. Discussion of Work Sessions for Ordinance Review (Junked Cars and Solid Waste) – County Manager Nelson requested direction for scheduling Work Sessions on the Draft Ordinances for Junk Cars and Solid Waste as first presented and discussed at the Annual Retreat in March 2002.
 
            The Board instructed the County Manager to place time on the Agenda for the July 1, 2002 meeting to hold a Work Session for Ordinance review of the Junked Cars and Solid Waste Ordinances.
 
            B. Boards and Commissions – County Manager Nelson stated the Watauga County Farmland Preservation Advisory Board had two members (Mr. Steve Stanley and Mr. Johnny Moretz) whose terms expired. The Advisory Board recommended that Mr. Steve Stanley and Mr. Johnny Moretz be reappointed for three-year terms.
 
            This was the first reading of the above recommendations and therefore no action was required until the next meeting.
 
            C. Manager’s Contract Extension – County Manager Nelson reviewed his contract, which was discussed during the Budget Work Sessions. The only changes from the existing contract were a three-year extension and the new fiscal year 2003 salary.
 
            Commissioner Lawrence, seconded by Commissioner Wilkie, moved to approve County Manager Nelson’s employment contract with Watauga County as presented.
 
VOTE:    Aye-5
               Nay-0
 
PUBLIC COMMENT
 
            Ms. May Smith and Ms. Mary Isaacs spoke highly of the Exceptional Children Program and requested more funding for that program.
 
            Ms. Sandra Oldendorf requested rules to restrict structures and set buffer zones on the Watauga River.
 
            Mr. Dale Hayes suggested purchasing the land on US HWY 105 below Watauga High School for a ball field, which would allow for extension of the High School on to the existing ball field. Mr. Hayes also shared concerns about the amount of money the Governor was withholding from farmers.
 
            Ms. Deborah Greene shared her concerns on the County’s budget and the ongoing zoning issue. Ms. Greene also questioned the validity of allowing Mr. Kaiser to make a request and speak during a meeting without prior notice or being placed on the agenda.
 
 
 
 
 
CLOSED SESSION
 
            At 10:20 P.M., Commissioner Lawrence, seconded by Commissioner Sweeting, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to resume the open meeting at 10:45 P.M.
 
VOTE:    Aye-5
               Nay-0
 
ADJOURN
 
            Commissioner Lawrence seconded by Vice-Chairman Coffey, moved to adjourn the meeting at 10:45 P.M.
 
VOTE:    Aye-5
               Nay-0
 
 
                                                                                                Jimmy Hodges
                                                                                                Chairman
ATTEST:
 
Anita J. Fogle
Clerk to the Board