MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 23, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 23, 2006, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        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 6:05 P.M. welcoming those in attendance.
 
            Commissioner Honeycutt opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the May 8, 2006, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the May 8, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the May 8, 2006, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the May 10, 2006, and May 11, 2006, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the May 23, 2006, agenda.
 
            County Manager Nelson requested to add under Miscellaneous Administrative Matters time to schedule a public hearing to allow comment on the Solid Waste Management Plan Update and time to discuss June and July’s meeting schedules.
 
            County Manager Nelson also requested to add discussion of a potential property exchange under item 9 c.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the May 23, 2006, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING – RECOMMENDED FISCAL YEAR 2007 BUDGET
 
Chairman Deal declared the public hearing open at 6:09 P.M. to allow for comment on the Manager’s recommended budget for FY 2007.
 
County Manager Nelson reviewed proposed changes to his recommended budget as the result of budget work sessions.
 
            The following individuals addressed the Board regarding the recommended budget:
 
Mr. Chris Turner, AppalCART
Mr. George Miles, Library
Ms. Lynne Mason, Hospitality House/WeCan
 
            Each individual briefly discussed their concerns regarding the recommended budget for Fiscal Year 2007.
 
            There being no further public comment, Chairman Deal declared the public hearing closed at 6:29 P.M.
 
            Board action was not required and therefore none was taken.
 
PUBLIC HEARING – AN AMENDMENT TO THE ORDINANCE TO GOVERN SUBDIVISIONS AND MULTI UNIT STRUCTURES
 
            Chairman Deal declared the public hearing open at 6:30 P.M. to allow for comment on a proposed amendment to the Ordinance to Govern Subdivisions and Multi Unit Structures.
 
            Mr. Joe Furman reviewed a proposed amendment to Watauga County subdivision regulations that was submitted by the Watauga County Planning Board. The amendment was to give staff the authority to approve final plats consisting of up to ten lots or buildings. The change was to offer better service to customers as well as be more efficient for staff and the Planning Board to conduct business.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:31 P.M.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to adopt the amendment to the Ordinance to Govern Subdivisions and Multi Unit Structures as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED WORKFORCE DEVELOPMENT PROFESSIONALS’ MONTH PROCLAMATION
 
            Ms. Julia Rowland presented a proposed Workforce Development Proclamation designating the month of May as “Workforce Development Professionals Month” in Watauga County.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the “Workforce Development Professionals Month” proclamation as presented.
 
VOTE:   Aye-5
              Nay-0
 
SKATEBOARD PARK REQUEST
 
            Mr. Buzz Berry presented a funding request for the Skateboard Park previously approved for construction on Watauga County property in the Parks and Recreation complex area.
 
            Chairman Deal stated that $20,000 was included in the proposed FY 2007 budget for the project. County Manager Nelson stated that if disbursed now from the Capital Reserve Fund the funds could be reimbursed from the FY 2007 budget once adopted.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to allocate $20,000 from the Capital Reserve Fund to the skateboard park project with funds to be reimbursed to the Capital Reserve Fund from the skateboard park project once the FY 2007 budget was adopted.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING & INSPECTIONS MATTERS
 
            A.        BrookshireLand” Plan Update – Mr. Joe Furman presented an update to the plan for the development of the “Brookshire Land” and reviewed price estimates and recommendations from McGill and Associates who Mr. Furman stated was the most qualified for the project and the overall costs was to be less than $30,000. Therefore, the County had exempted itself from the request for qualifications process.
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the “working plan” for the project as presented by Mr. Furman and to authorize contracting with McGill and Associates for engineering services on the project with expenditures to not exceed $30,000.
VOTE:   Aye-5
              Nay-0
 
            B.         Subdivision Performance Guarantee – Mr. Joe Furman presented a subdivision performance guarantee for the final plats for the Dogwood Knoll Summit, a 12 lot subdivision off of Old Hwy 421, which was an irrevocable letter of credit from BB&T which guaranteed road construction and was pursuant to section 92 of the Subdivision Regulations.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Resolution Supporting the 2006 Clean Water Bond – County Manager Nelson presented an amended resolution of support for the 2006 Clean Water Bond. The following two amendments were requested. The fifth “whereas” should end as follows: “…needs unmet in Watauga County and Western North Carolina; and” and the first “be it further resolved” should end as follows: “ensure that Watauga County and Western North Carolina receives a fair share.”
 
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to adopt the 2006 Clean Water Bond Resolution including all amendments as offered by the Board.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Clark’s Creek/Justus Road Bridge Improvement Discussion – County Manager Nelson reviewed information from citizens who live in the Clark’s Creek and Justus Road areas in the Valle Crucis community who had concerns over an inadequate bridge that did not allow the Foscoe Volunteer Fire Department to access the area from the Foscoe side of Clark’s Creek Road. 
 
            By consensus, the Board directed the County Manager to draft a letter to the NC Department of Transportation requesting they remedy the situation as rapidly as possible to ensure safety to the residents of this area.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Town of Boone Parking Lease Renewal Request – County Manager Nelson stated that Watauga County currently had a lease agreement with the Town of Boone to trade 35 parking spaces at the Library for 35 spaces in the Queen Street area. The Library spaces were leased by the Town of Boone to individuals who worked in the downtown area. The 35 spaces that the County leases on Queen Street were for employee parking. The Manager recommended an extension of this lease for an additional one year period.
 
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve a one-year extension of the Town of Boone Parking Lease.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Potential Property Exchange Discussion – County Manager Nelson stated there was potential for a land swap with the Town of Boone for the County to gain 35-40 parking spaces (the Queen Street parking lot) in exchange for the Town of Boone to receive the old Law Enforcement Center.
 
            After discussion and by consensus, the Board authorized the County Manager to discuss the possibility of a land swap with the Town of Boone which was to consist of the Queen Street Parking lot and the old Law Enforcement Center.
 
            E.         Proposed Amendments to the Solid Waste Ordinance – County Manager Nelson reviewed amendments to the Solid Waste Ordinance. Specifically, responsibility of enforcement was to be changed from the Manager’s Office to the Sheriff’s Department as directed during budget work sessions. The County Manager requested a public hearing be scheduled at the second meeting in June to allow public comment prior to action.
 
            The following additional amendments were recommended by the Board to read as follows:
 
Article IV Number 10: “A deputy employed by the Watauga County Sheriff’s Department as appointed by the Watauga County Sheriff whose duties primarily are the enforcement of this ordinance.”
 
First paragraph of Article VII: “The Watauga County Sheriff shall designate the Enforcement Officer(s) from the Sheriff’s Department sworn staff, …”
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to schedule a public hearing at 9:00 A.M. for the second Board meeting in June to allow public comment on the proposed Solid Waste Ordinance amendments.
 
VOTE:   Aye-5
              Nay-0
 
            F.         Proposed Amendments to the Abandoned and Junked Motor Vehicle Ordinance – County Manager Nelson reviewed amendments to the Abandoned and Junked Motor Vehicle Ordinance. Specifically, responsibility of enforcement was to be changed from the Manager’s Office to the Sheriff’s Department as directed during budget work sessions. The County Manager requested a public hearing be scheduled at the second meeting in June to allow public comment prior to action.
 
            The Board recommended the following amendments also to read as follows:
 
Article IV B: “A deputy employed by the Watauga County Sheriff’s Department as appointed by the Watauga County Sheriff whose duties primarily are the enforcement of this ordinance.”
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to schedule a public hearing at 9:00 A.M. for the second Board meeting in June to allow public comment on the proposed Abandoned and Junked Motor Vehicle Ordinance amendments.
 
VOTE:   Aye-5
              Nay-0
 
            G.        Solid Waste Plan Update Public Hearing Request – County Manager Nelson requested a public hearing be set for the June 5, 2006, Board meeting at 9:00 A.M. to allow citizen comment on the proposed Solid Waste Plan Update.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to schedule a public hearing at 9:00 A.M. on June 5, 2006, to allow comment on the Solid Waste Plan Update.
 
VOTE:   Aye-5
              Nay-0
 
            H.        Board of Education Funding Request – County Manager Nelson stated that during budget work session meetings with the Board of Education, the Board of Education requested an additional $40,000 to replace the sod on the stadium field at the high school. Staff recommended that $40,000 be taken from the capital reserve account to be reimbursed by FY 2007 budget funds. This was to allow the project to begin approximately a month and half earlier, thereby, allowing a longer time for the replaced sod to “grow in” prior to next year’s high school sporting events.
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to allocate $40,000 from the Capital Reserve Fund to the high school stadium sod replacement project with funds to be reimbursed to the Capital Reserve Fund from the high school stadium sod replacement project once the FY 2007 budget was adopted.
 
VOTE:   Aye-5
              Nay-0
 
            I.          Proposed Sheriff’s Department and CountyManagement Records Retention and DispositionSchedules– County Manager Nelson stated that periodically counties were required to either adopt the State’s Records Retention and Disposition Schedule or to draft their own in compliance with State standards. The Manager recommended that the Sheriff’s Department and County Management Records Retention and Disposition Schedules recently updated by the State be adopted.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the Sheriff’s Department and County Management Records Retention and Disposition Schedules as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            J.          HomelandSecurityGrantApplicationRequest– County Manager Nelson stated that Ms. Lisa Danner received notice that remaining 2003 Homeland Security grant funds were available on a first come first serve basis and an application for $57,500 was submitted on Thursday, May 18, 2006, to be used for a disaster recovery plan for operations and technology. These plans were to allow the county to function and provide services during disasters.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the submission of the application for $57,500 for Homeland Security grant funds.
 
VOTE:   Aye-5
              Nay-0
 
            K.        Boards and Commissions – County Manager Nelson stated that Mr. Seth Norris submitted a recommendation to fill a vacancy by appointing Ms. Candice Duvernois to the Watauga County Hazardous Materials and Local Emergency Planning Committee as a representative of public health.
 
            No action was required at this time as this was a first reading.
 
            County Manager Nelson stated that Region D Development Corporation bylaws required each of their seven counties to appoint four persons to serve as members of the Development Corporation in May of each year. The current Watauga County members were Brian Crutchfield, Fowler Cooper, Brian Riggins, and Jim Furman. Representative categories were local government, private lending institution, community organization or a business organization.
 
            The Board requested Mr. Joe Furman inquire if current members wish to be reappointed and poll the Economic Development Commission for recommendations.
 
            Chairman Deal reappointed Mr. Doug Pratt to the Workforce Development Board.
 
            L.         Announcements – County Manager Nelson announced that a joint meeting was scheduled with the Watauga County Board of Education on Wednesday, May 24, 2006, at 4:30 P.M. to discuss the high school project and the possible sale of the current high school with a closed session to be held to discuss Land Acquisition, per G. S. 143-318.11(5)(i).
 
            County Manager Nelson announced that a special meeting was scheduled with volunteer fire department representatives to discuss budgetary issues on Wednesday, May 31, 2006, at 4:00 P.M.
 
            County Manager Nelson announced that the Town of Boone’s response to the Board’s request for a joint meeting to discuss water/sewer issues was that discussions were not necessary at this time.
 
            M.        Discussion of June and July Meeting Dates – County Manager Nelson stated that possible changes were required for the June and July Board meeting dates.
 
 
            After discussion the Board agreed by consensus to the following June/July regular meeting schedule:
 
            June 2006        1st meeting on Monday, June 5, 2006, at 9:00 A.M.
                                    2nd meeting on Tuesday, June 27, 2006, at 6:00 P.M.
            July 2006         1st meeting cancelled due to Holiday
                                    2nd meeting on Tuesday, July 18, 2006, at 6:00 P.M.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 7:56 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); Attorney/Client Matters, per G. S. 143-318.11(a)(3); and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 9:07 P.M.
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 9:07 P.M.
 
VOTE:   Aye-5
              Nay-0
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board