MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 1, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, November 1, 2005, at 9:00 A.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
                                                Tony 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 9:02 A.M. welcoming those in attendance.
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the October 18, 2005, regular meeting and closed session minutes.
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the October 18, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the October 18, 2005, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the November 1, 2005, agenda.
 
            County Manager Nelson requested to add the following to the agenda: under Planning and Inspection Matters – a public hearing request; prior to Miscellaneous Administrative Matters– a Senior Center Grant Request from POA; under Announcements – scheduling a time for further discussion on water/sewer issues; and under Closed Session – Land Acquisition, per G. S. 143-318.11(a)(5)(i) and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the November 1, 2005, 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 2004/2005. The report contained successes and community health concerns.
 
No Board action was required as this report was for information only.
 
“I-HAVE-A-DREAM WEEK” PROCLAMATION REQUEST
 
            Ms. Mary Gray of the I-Have-A-Dream Task Force presented a proposed proclamation for January 14-22, 2006, to be designated as “I-Have-A-Dream Week” in Watauga County.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to proclaim the week of January 14-22, 2006, as “I-Have-A-Dream Week” in Watauga County.
 
VOTE:    Aye-5
               Nay-0
 
JUVENILE CRIME PREVENTION COUNCIL FUNDING REQUEST
 
Ms. Karee Mackey, Chairman of the Watauga County Juvenile Crime Prevention Council presented a funding request for $3,121 to compensate for a 2.5% cut in State funding. Juvenile Crime Prevention Council funds go to agencies that provide services to young people in Watauga County.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve an allocation of $3,121 to the Juvenile Crime Prevention Council from the general fund balance.
 
VOTE:   Aye-5
              Nay-0
 
FISCAL YEAR 2004/2005 AUDIT PRESENTATION
 
Mr. Bryce Holder, CPA, PA, reviewed the County’s Fiscal Year 2004/2005 audit and discussed the general fund fund balance and noted the overall tax collection rate was good.  In addition, Mr. Holder commended all County Department Heads, management, and staff. Mr. Holder also recommended that the Board consider adding a part-time staff position of Grant Administrator to handle the increasing number of grants awarded to Watauga County and to seek additional grants.
 
This report was for information only and therefore no Board action was required.
 
PROPOSED RESOLUTION FOR ADOPTION OF NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) STANDARDS
 
Ms. Lisa Danner presented a proposed resolution to adopt the National Incident Management System (NIMS) and reviewed NIMS standards to be used in Watauga County in case of emergency.
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to adopt the resolution as well as the required standards for NIMS to ensure consideration of future Homeland Security funding.
 
VOTE:   Aye-5
              Nay-0
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of October 2005.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for October 2005 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for October 2005 as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTION MATTERS
 
            A.        Secondary Road Systems Addition Request – Mr. Joe Furman stated that a secondary road petition had been received for Buff Ridge Road, .14 mile located off Friendship Church Road (NCSR 1525) in Panorama Estates subdivision. Mr. Furman stated that Board action was required to adopt the proposed resolution and forward it to the Department of Transportation for consideration of adding this road to the state maintained secondary roads system.
 
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to forward the resolution requesting Buff Ridge Road be added to the secondary road system.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Subdivision Performance Guarantee Request – Mr. Furman present a subdivision performance guarantee for Firethorn, Phase 1, Section 2 that was an irrevocable letter of credit from High Country Bank which was for road construction and pursuant to section 92 of the Subdivision Regulations.
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantee for Firethorn, Phase 1, Section 2 presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Public Hearing Request To Consider New Private and Public Road Names – Mr. Furman stated that a public hearing was required by Statute to be conducted prior to officially establishing new road names or renaming current ones. Mr. Furman reviewed the names that were requested to be added since the last Public Hearing on Road Names was conducted. Mr. Furman requested that a public hearing be scheduled for the proposed road names for the November 15, 2005, Board meeting.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to set a public hearing for the proposed road names at 6:00 P.M. at the November 15, 2005, Board meeting.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Watauga County CDBG Demonstration Program Grant Project Ordinance Request (Grant # 04-R-1285) – Mr. Furman stated that Community Development Block Grant (CDBG) projects required grant ordinances be adopted to outline the procedures which have routinely been used by the County in administering these grant projects. Mr. Furman presented a draft ordinance for the Watauga County Entrepreneurial Development Partnership in the amount of $50,000.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the Watauga County CDBG Demonstration Program Grant Project Ordinance for Grant # 04-R-1285 as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Watauga County CDBG Urgent Needs Grant Project Ordinance Request (Grant # 04-C-1346) – Mr. Furman presented a draft grant ordinance for a Community Development Block Grant project for urgent needs. The $460,000 grant was for housing repairs mainly in the White Laurel area.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to adopt the Watauga County CDBG Urgent Needs Grant Project Ordinance for Grant # 04-C-1346 as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            F.         Requested Appointment of the Selection Committee for the 2006 CDBG Scattered Site Housing Grant – Mr. Furman stated that Watauga County was eligible to apply for $400,000 in Community Development Block Grant funds for housing rehabilitation programs next year. Part of the process was to appoint a selection committee to determine which individual projects were to be considered for inclusion in the grant program. Mr. Furman presented his recommendations.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Mr. Jim Atkinson, Department of Social Services; Ms. Angie Boitnotte, Project on Aging; Mr. Lawrence Caviness, Appalachian District Health Department; Mr. Scott Eggers, Blue Ridge Electric Membership Corporation; Ms. Angela Miller, WAMY Community Action; Ms. Margie Mansure, NC Cooperative Extension; a representative of Habitat for Humanity; Ms. Compton Fortuna, Hunger Coalition; and one representative each from the Towns of Boone, Blowing Rock, Seven Devils, and Beech Mountain to the 2006 CDBG Scattered Site Housing Selection Committee as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            G.        CDBG Public Hearing Request – Mr. Furman stated that the CDBG Demonstration Grant that funded the Entrepreneur Development Partnership project was coming to a close. A public hearing was required to allow comment prior to submitting close out documents for the project. Mr. Furman requested that a public hearing be scheduled for the November 15, 2005, Board meeting.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to set a public hearing for the November 15, 2005, Board meeting to allow citizen comment on the CDBG Demonstration Grant that funded the Entrepreneur Development Partnership project.
 
VOTE:   Aye-5
              Nay-0
 
PROJECT ON AGINGSENIORCENTER FUNDING REQUEST
 
            Ms. Angie Boitnotte presented a request to approve an additional appropriation of State funds for Senior Centers. Ms. Boitnotte stated that the L. E. Harrill Senior Center, as a Center of Excellence, was eligible for $16,362, which required a local match of $5,454, and the Western Watauga Community Center was eligible to received $5,454 which required a local match of $1,818. Ms. Boitnotte stated that the match funds were present in the Project on Aging’s budget.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the additional appropriation of State funds and the local match as presented by Ms. Boitnotte.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Proposed Liquidated Damages Settlement for the Transfer Station Project – County Manager Nelson reported on his negotiations with Wishon Carter regarding liquidated damages due to the late finish of the Transfer Station project. County Manager Nelson stated that Wishon Carter had agreed to settle for the amount that was agreed to by the Board ($75,000).
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the $75,000 settlement for liquidated damages from Wishon Carter and a change order reducing Wishon Carter’s final payment by the $75,000.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Settlement for the Library Roof Warranty (Elk Corporation) – County Manager Nelson stated that after receiving a settlement from the contractor who installed the Library roof, Mr. Marsh had continued to work with Attorney Jeff Hedrick in pursuing a settlement from Elk Corporation which furnished the defective shingles for the Library roof. Elk Corporation offered a settlement of either shingles to replace the defective ones or a cash settlement of $12,831.50. In that the County was replacing the roof with metal, staff recommended that the cash settlement be accepted.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to accept the $12,831.50 settlement from Elk Corporation.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Library Roofing Project Report – County Maintenance Director, Robert Marsh, reviewed the schedule for the metal roof installation at the Library and also presented the color selection as recommended by the architect and the regional and county library directors.
 
            By consensus, the Board approved the color choice of colonial red for the new roof at the Library as recommended by the architect and regional and county library directors.
 
            D.        LawEnforcementCenter Change Order Request # 12 – County Manager Nelson reviewed Change Order # 12 for the Law Enforcement Center. The change order was for additional paving adjacent to the kitchen building on the Law Enforcement Center Campus which allowed future use for preparing meals or as multi-purpose. The change order was requested by County staff.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve Change Order #12 for the Law Enforcement Center in the amount of $4,634.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Anne-Marie Drive Area Park Lease Discussion – County Manager Nelson stated that he had spoken at the last Boone Town Council meeting regarding the lease for the county park in the Anne-Marie Drive area. The Boone Town Council moved to authorize the County to apply for the PART-F fund in 2006. Authorization for the property to be used in perpetuity as a public park was to be contingent upon Mr. Jim Burns, Assistant Manager, verifying approval from federal agencies that funded the buyout of the property.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the lease with the Town of Boone for the Anne-Marie Drive area park as presented and contingent upon the County Attorney’s review.
 
VOTE:   Aye-5
              Nay-0
 
            F.         Discussion of Leasing Additional Parking from the Town of Boone – County Manager Nelson requested from the Boone Town Council that the Town furnish 40 spaces on the Queen Street lot closest to the Courthouse at no charge during the construction of the Courthouse addition. The Town Council offered ten spaces at no charge for police and safety vehicles and an additional 40 spaces for the amount of $10,000 annually. The Town Manager stated that the spaces had generated approximately $13,500 in revenue for the Town each year so therefore the offer was for a discount of approximately $3,500.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve a one year lease with the Town of Boone for 10 free parking spaces and 40 spaces at a rate of $10,000.
 
VOTE:   Aye-5
              Nay-0
 
            G.        Boards and Commissions – County Manager Nelson stated that the Farmland Preservation Advisory Boards had two vacancies. The Advisory Board recommended the appointments of Johnny Moretz and Ricky Critcher for three year terms.
 
            As this was a first reading, no Board action was required at this time.
 
            County Manager Nelson stated that Ms. Pat Coley had submitted her resignation from the AppalCART Board and recommended Ms. Jeannine Taylor of Social Services as her replacement.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to appoint Ms. Jeannine Taylor to the AppalCART Board.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that the Town Council recently approved a zoning text amendment to add an additional ETJ alternate to the Town of Boone Board of Adjustment.
 
            Commissioner Honeycutt suggested Mr. David Risk however, he was awaiting word from Mr. Risk as to if he was available to serve.
 
            The Board tabled making an appointment until a future Board meeting and directed the County Manager to inquire as to how often the alternate would be expected to serve.
 
            H.        Announcements – County Manager Nelson requested direction on how to schedule further discussion on water and sewer issues.
 
            By consensus, the Board agreed to schedule a special meeting on Wednesday, November 9, 2005, from 4:00 P.M. till 6:00 P.M. in the Manager’s conference room to further discuss water and sewer issues.
 
            County Manager Nelson stated that the 50th Farm City Banquet was Thursday November 3, 2005, at 6:00 P.M. at the Boone United Methodist Church.
 
            County Manager Nelson stated that beginning November 1, 2006, the Boone Drivers License Office was to furnish the basic services of the tag office including license plate renewal and stickers and license plate turn in and safety inspection sticker sales. The temporary solution was to continue until a permanent solution was determined by the DOT.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to direct the Manager to draft a letter to the Board of Transportation thanking them for the temporary solution to the tag office situation and reiterating the need for a full service tag office as soon as possible with copies of the letter going to DOT Secretary Tippett, DOT Commissioner Tatum, and Governor Easley.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that the Hunger Coalition proposal for the Hannah Building was tabled until this meeting. However, the Hunger Coalition needed more time to do research and due diligence and generate the required information prior to making a presentation at a future Board meeting.
 
            County Manager Nelson stated that the 6th Annual Future Forward Leadership Summit in Watauga County was to be held at the Broyhill Inn and Conference Center from 8:30 A.M. till 3:30 P.M. on Thursday, November 17, 2006.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:23 A.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6), Land Acquisition, per G. S. 143-318.11(a)(5)(i), and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 11:36 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The meeting adjourned by consensus at 11:36 A.M.
 
VOTE:   Aye-5
              Nay-0
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board