MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MARCH 7, 2005
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, March 7, 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 9:00 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 February 22, 2005 regular meeting minutes.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the January 3, 2005, closed session minutes as amended and the February 22, 2005, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Chairman Deal called for additions or corrections to the February 22, 2005 closed session minutes.
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the February 22, 2005, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the March 7, 2005, agenda.
 
            County Manager Nelson requested to add Land Acquisition, per G. S. 143-318.11(a)(5)(i) to the scheduled Closed Session.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the March 7, 2005, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
CRIMINAL JUSTICE PARTNERSHIP PROGRAM GRANT APPLICATION REQUEST
 
            Mr. Michael Vannoy, Director of Watauga County Criminal Justice Partnership Program (CJPP) with New River Behavioral Healthcare, reviewed the fiscal year 2006 grant application for continuation of implementation funding. The amount of the grant was $55,661 and required no local match. Watauga County contracted with New River Behavioral Healthcare to conduct the program and acted as a pass through agent for the grant. The CJPP was a program to obtain treatment and counsel and case management assistance for court deferred substance abusers. Board action is required to approve the grant application and contract with New River Behavioral Healthcare.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the submission of the fiscal year 2006 grant application for continuation of implementation funding as presented by Mr. Vannoy.
 
VOTE:    Aye-5
               Nay-0
 
HABITAT FOR HUMANITY REQUEST
 
            As a representative for the Habitat for Humanity request was not present, the Board tabled discussion until the next Board meeting.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of February 2005.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for February 2005 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for February 2005 as presented.
 
VOTE:   Aye-5
              Nay-0
 
C.        Surplus Property Sale RequestMr. Kelvin Byrd presented the four properties listed below which went through the upset bid process that concluded with a ten day period in which no upset bid was received on the properties. 
 
 
Parcel ID
Property Description
Acres
High Bidder
Bid Amt.
2859-61-1463-000
Bright Penny
Lot 62
.73
Powder Horn Mtn. POA
Deep Gap, NC
$2,250.00
2859-61-7740-000
Bright Penny
Lot 53
.78
Roger Thompson
Charlotte, NC
$3,000.00
2859-81-3243-000
Horseshoe Ridge
Lot 87
.48
Tyler Glenn
Robertsdale, AL
$1,666.00
2859-60-7240-000
TroutLake
Lot 21
.55
Ronald Johnson
Deep Gap, NC
$2,500.00
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to accept the high bids and approve the sale of the properties as listed above contingent on the County Attorney’s drafting and executing the appropriate documents.
 
VOTE:    Aye-5
               Nay-0
 
ABANDONED AND JUNKED MOTOR VEHICLE ORDINANCE COMPLIANCE REPORT
 
            Mr. Brent Graybeal of the Planning and Inspections Department reported on the status of complaints relevant to the junked motor vehicle ordinance. Mr. Graybeal reported that compared to his report to the Board on October 4, 2004, total complaints were down by 7; new complaints were down by 2; site visits were down by 5; letters were down by 5; and complaints resolved were up by 2.
 
            This report was for information only and therefore no action was required.
 
RURAL CENTER INCUBATOR GRANT APPLICATION REQUEST
 
            Mr. Joe Furman reported on the opportunity for submittal of a grant application to the North Carolina Rural Center for up to $400,000 to be used for the development of a small business incubator in Watauga County. Mr. Furman stated that the Hannah Building and old County bus garage facility that was currently being used by Caldwell Community College and Technical Institute had both been inspected as possible sites. The availability and suitability for either or both of these properties for economic development purposes was to be discussed further at the pre-budget retreat. Mr. Furman requested that a public hearing be scheduled at the March 22, 2005, Board meeting, as required by the guidelines of the grant application.
 
            Vice-Chairman Winkler, seconded by Commissioner Blust, moved to set a public hearing at the March 22, 2005, Board meeting at 6:00 P.M. to consider submission of a grant application for Community Development Block Grant (CDBG) funds.
 
VOTE:    Aye-5
               Nay-0
 
COMMUNITY DEVELOPMENT BLOCK GRANT DISCUSSION
 
            Mr. Furman shared an e-mail that was received from the North Carolina League of Municipalities regarding the effects of President Bush’s proposed budget on the Community Development Block Grant (CDBG) Program. Watauga County was eligible to apply for $400,000 in CDBG funds once during a three year cycle to conduct home repair and renovation. CDBG also funds a variety of other projects. 
 
            By consensus, the Board directed Mr. Furman to draft a letter specifically stating the impact of the CDBG program on Watauga County for review at the next Board meeting.
 
NORTH CAROLINA DISASTER RELIEF FUND GRANT APPLICATION REQUEST
 
            Assistant County Manager Geouque discussed the availability of Phase II North Carolina Disaster Relief Funds. During Phase I an Unmet Needs Committee was established that distributed approximately $19,500 to qualified individuals in Watauga County. Phase II allowable expenses were to cover damages in particular categories that no Federal or State program had covered.
 
            Commissioner Blust, seconded by Commissioner Winkler, moved to approve the application for these funds and distribution as determined by the Unmet Needs Committee.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Occupancy Tax Discussion – County Manager Nelson stated that per Commissioner request, time had been reserved for discussion on the occupancy tax in Watauga County. The County Manager presented information on occupancy taxes and stated that research was still being conducted regarding the subject.
 
            By consensus, the Board directed the County Manager to continue researching occupancy taxes including projected funds to be generated and administrative expenses expected to operate the program and to report back to the Board at a future meeting.
 
            B.         Proposed Proclamation to Designate “Take Your Sons and Daughters To Work Week” in Watauga County – Assistant County Manager Geouque reviewed a proposed proclamation to designate “Take Your Sons and Daughters To Work Week” in Watauga County for March 28 – April 3, 2005. The purpose of the week was to expose children to the work place to encourage them to reach their full potential by participating in the work community. The national date for “Take Our Daughters and Sons To Work” is Thursday, April 28, 2005, however, the proclamation dates were chosen to coincide with Watauga County Schools’ spring break.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the “Take Your Sons and Daughters To Work Week” in Watauga County proclamation as presented by Assistant County Manager Geouque.
 
VOTE:    Aye-5
               Nay-0
 
            C.        Law Enforcement Center Fiber Optic Cable Contract Request – County Manager Nelson presented a draft contract with Charter Communications for a fiber interconnect between the Watauga County Courthouse Information Technologies Department and the new Law Enforcement Center Complex. The proposal was for a thirty-six pair fiber optic cable that was to both meet the needs of the Law Enforcement Center and be the backbone of the future County fiber optic network connecting all County buildings along its path. The cost of the proposal was $48,989 for installation plus an annual yearly maintenance fee that ranged from $6,093 in the first year to $7,772 in the tenth year. The total ten year maintenance fee is $69,014 for a total contract price of $119,003.
 
            County Manager Nelson stated that Mr. Marsh had also solicited proposals from Southern Bell for this service. The Southern Bell thirty-six fiber proposal consisted of an installation fee of $5,074 with a monthly fee of $11,880. Over a ten year contract span the Bell South proposal was approximately ten times more expensive.
 
            Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the contract with Charter Communications for the fiber optic service to the new Law Enforcement Center contingent upon the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
D.        LawEnforcementCenter Change Order Discussion – County Manager Nelson reviewed change orders for the Law Enforcement Center that were adopted as well as those pending that were to be presented at future meetings. The total of the presented change orders was $50,919 which was less than one percent of the overall project budget. The County Manager stated that according to Architect Jack Hemphill, the standard for the amount of change orders for a project this size was five percent. It was anticipated that both current and future change orders for the project were not to approach that threshold. The County Manager stated that the pending change orders were to be presented for action at a future meeting.
 
This item was presented for information only and therefore no action was required.
 
            E.         Discussion of Joint Retreat with Town of Boone and ASU – The County Manager reviewed topics as recommended by staff for discussion at the joint County, ASU, and Town of Boone retreat. 
 
            By consensus, the Board directed the Manager to submit the topics to the Town of Boone as possible items important to the County, Town of Boone, and ASU.
 
            F.         Boards and Commissions – County Manager Nelson stated that Mr. Brian Crutchfield, Director of Economic Development at Blue Ridge Electric Membership Corporation, had volunteered to serve as the Watauga County private sector representative to the Future Forward Economic Alliance.
 
            Commissioner Blust, seconded by Commissioner Kinsey, moved to appoint Mr. Brian Crutchfield as the Watauga County private sector representative to the Future Forward Economic Alliance.
 
VOTE:    Aye-5
               Nay-0
 
            County Manager Nelson stated that Ms. Sue Counts, North Carolina Cooperative Extension Service County Extension Director, had requested that Commissioner Kinsey be added as a member to the Watauga County Cooperative Extension’s Advisory Leadership Council.
 
            By consensus, the Board agreed to appoint Commissioner Kinsey to the Watauga County Cooperative Extension’s Advisory Leadership Council.
 
            County Manager Nelson stated that Mr. Alex Jernigan, Regional Ombudsman at High Country Council of Governments, recommended the reappointment of Mr. George Miles to the Watauga County Nursing Home Community Advisory Committee.
 
            County Manager Nelson stated that Mr. Jernigan also recommended the reappointment of Ms. Pat Taylor to the Watauga County Adult Care Home Community Advisory Committee.
 
            County Manager Nelson stated that there were two vacancies on the Watauga County Board of Adjustment previously held by Ms. Jane Nicholson, representing the Southfork Watershed, and Ms. Janet Beck, an at large member, both of which were willing to continue to serve if re-appointed.
 
            The above were first readings; therefore, no action was required until the next reading.
 
            The County Manager stated that Ms. Angie Boitnotte, Director of Project on Aging, recommended the following be appointed to serve on the Home and Community Care Block Grant (H&CCBG) Advisory Committee: Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Fran Kelsey, Sandy Sims, Margie Mansure, Gail Hawkinson, Judy Vernon, Becky Councill, Beverly Donadio, Edward Harrill, Dick Oehser, Agnes Sayles, and Ellen Wright. Commissioner Honeycutt was appointed to this Board at the December 6, 2004, Board meeting.   The County Manager stated that Ms. Boitnotte also recommended that Watauga County Project on Aging be appointed as the Lead Agency.
 
            The County Manager stated that the H&CCBG Advisory Committee needed to meet several times during the month of March and therefore, if deemed appropriate by the Board, the policy to make committee appointments after two readings could be waived to allow this Board to be appointed.
 
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to waive the second reading requirement for Board appointments and appoint Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Fran Kelsey, Sandy Sims, Margie Mansure, Gail Hawkinson, Judy Vernon, Becky Councill, Beverly Donadio, Edward Harrill, Dick Oehser, Agnes Sayles, and Ellen Wright to the Home & Community Care Block Grant Advisory Committee and to appoint the Watauga County Project on Aging as the Lead Agency.
 
VOTE:    Aye-5
               Nay-0
 
            G.        Announcements – County Manager Nelson announced that the Annual Pre-Budget Retreat was scheduled for Friday, March 11, 2005, from 9:00 A.M. to 5:30 P.M. and Saturday, March 12, 2005, from 9:00 A.M. to 12:00 noon in the conference room at the Human Services Building.
 
County Manager Nelson announced that the Board had been invited to the High Country Heart Breakfast which was scheduled for Wednesday, March 23, 2005, 7:00 A.M. to 9:30 A.M. at Appalachian Brian Estates.
 
PUBLIC COMMENT
 
            Ms. Robbie Sharrett shared her concerns regarding cell phone tower placement regulations.
 
CLOSED SESSION
 
            At 10:23 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss 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 Commissioner Honeycutt, moved to resume the open meeting at 10:54 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Chairman Deal adjourned the meeting, by consensus, at 10:54 A.M.
 
VOTE:   Aye-5
              Nay-0
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board