MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 5, 2006
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, June 5, 2006, at 9:00 A.M. in the Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                Keith Honeycutt, Commissioner
                                                Winston Kinsey, Commissioner
                                                Anthony 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 9:05 A.M., welcoming those in attendance.
 
            [Clerk’s note: Commissioner Blust was not in attendance due to a previous engagement.]
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the May 23, 2006, regular meeting and closed session minutes and the May 24, 2006, special meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the May 23, 2006, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the May 23, 2006, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the May 24, 2006, special meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the May 24, 2006, special meeting closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the June 5, 2006, agenda.
 
            County Manager Nelson requested to add Personnel Matters, per G. S. 143-318.11(a)(6) to the scheduled closed session.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the June 5, 2006, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
PUBLIC HEARING TO ALLOW PUBLIC COMMENT ON THE SOLID WASTE MANAGEMENT PLAN UPDATE
 
            Chairman Deal declared the public hearing open at 9:07 A.M. to allow for comment on proposed changes to the Solid Waste Operations Ordinance.
 
            Mr. Jason Vance, a Planner with High Country Council of Governments, reviewed the County’s Solid Waste Management Plan Update. The Plan was required to be updated every three years and submitted to the North Carolina Department of Environmental and Natural Resources (DENR). Mr. Vance presented a resolution which was to declare approval of the Watauga County Solid Waste Management Plan 2006 Update.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 9:15 A.M.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the resolution which approved the plan and directed Mr. Vance to forward the plan to DENR.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
NEW RIVER BEHAVIORAL HEALTHCARE INTERLOCAL GOVERNMENT AGREEMENT
 
            Dr. Don Suggs with New River Behavioral Healthcare stated that the North Carolina Department of Health and Human Services had been in the process of making changes to the mental health system. For the past several years, New River Behavioral Healthcare had been allowed to function as a LME (Local Management Entity) and also to provide services in the areas of MH/DD/SA (Mental Health, Developmental Disability, and Substance Abuse Services); however, due to a recent directive from the State, New River Behavioral Healthcare was no longer allowed to be both a LME and a service provider. Dr. Don Suggs reviewed a plan in which services could be offered to the New River Behavioral Healthcare region consisting of the counties of Alleghany, Ashe, Avery, Watauga, and Wilkes through an Interlocal Agreement as established under Article 20 of Chapter 160(a) of the General Statutes. The proposed resolution was to authorize the County to participate in a study to determine if this would be feasible and also to determine if Watauga County wished to provide services through this process.
 
            An amendment which was to change the date of July 15, 2006, to August 15, 2006, was suggested.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the resolution to study an Interlocal Government Agreement as amended.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
PROPOSED “SEPTEMBER AS WATAUGA READS MONTH” PROCLAMATION
 
            Mr. John Blake presented and read a proposed proclamation denoting “September as Watauga Reads Month.”
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the “September as Watauga Reads Month” proclamation as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
APPALCART CONTRACTS
 
            Mr. Chris Turner, Director of AppalCART, presented contracts for transportation services for Project on Aging and Parks and Recreation. Mr. Turner stated that the contracts included a 3% increase from the current contract and the rates were as follows:
 
            Project on Aging:  $11.54 per hour and 65¢ per mile
            Parks and Recreation: $12.85 per hour and 70¢ per mile
 
            County Manager Nelson stated that funds were included in the FY 2007 Proposed Budget to cover the costs of the proposed contracts.
 
            Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve AppalCART contracts as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
DISCUSSION OF SCALE HOUSE REPLACEMENT
 
            Mr. J. V. Potter reviewed plans for the proposed Scale House Replacement. Mr. Potter stated that the scales needed to be replaced given their age and the expense of relocating them. Based on an estimate, relocation was a greater cost than installing new scales. At the Pre-Budget Retreat, Mr. Randy Jones was selected as architect without the RFQ process in that the project required less than $30,000 in professional fees for architectural services. Mr. Jones reviewed the proposed site plan.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the site plan for the scale house and the overall project, including scale replacement.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
PLANNING & INSPECTIONS MATTERS
 
            A.        Proposed Ordinance to Regulate Wind Energy Systems – Mr. Joe Furman stated that per direction from the Board, the Planning Board and staff had been reviewing the issue of regulating wind power electric generators in Watauga County. Based upon a written opinion from County Attorney Capua, the conclusion was that small solitary windmills were exempt from the North Carolina Ridge Law. Mr. Furman presented a proposed ordinance to regulate small wind powered electric generators for residential application which was drafted by the Planning Board. 
 
            Mr. Furman clarified the definitions of “off-grid system” in Section 4.5 and “quorum” in Section 6.4.
 
            The following changes were recommended by the Board:
            Section 5.1(d)(1) – project layout should be prepared by design professional
            Section 5.1(i) – clarify how the “view shed” is determined (maps, etc.)
 
            By consensus, the Board agreed to direct the amendments to be incorporated into the draft ordinance and brought back to the Board at the June 27, 2006, meeting with a public hearing scheduled to allow citizen comment on the draft Ordinance to Regulate Wind Energy Systems, including the recommended changes above, for July 18, 2006, at 6:00 P.M.
 
            B.         Crisis Housing Assistance Funds Grant Project Ordinance – Mr. Furman presented a draft project ordinance for the Crisis Assistance Fund Grant. These funds were to be used for household repair and/or replacement for homes that received damage during the storms of 2004. The potential amount of the grant was $874,000 with the final amount to be determined by the repairs needed to the homes that were eligible. 
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the grant project ordinance as presented by Mr. Furman.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2006.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2006 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for May 2006 as presented.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
DISCUSSION OF PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE
 
            Assistant County Manager Geouque reviewed information gathered regarding the Animal Control Ordinance per Board direction and presented a report detailing the number of officers and spay/neuter and licensing policies and practices of surrounding counties. 
 
            The Board agreed, by consensus, to table further discussion and review of the proposed Ordinance until Fall of 2006, due to the numerous meetings currently being held by the Board of Commissioners and the Board of Equalization and Review.
 
PROPOSED SKATEPARK OPERATION/RULES
 
            Assistant County Manager Geouque reviewed the proposed operation and rules for the Watauga County Skatepark to be located in the complex area. Mr. Geouque stated that the best plan for operations was for the park to be supervised by the Watauga County Parks and Recreation Department to allow for insurance coverage under the County’s existing blanket policy. Also, the County was to be able to take advantage of the limits of liability as outlined in the Statutes regarding skate park operations that would not be available to a free standing group such as the Skateboard Council. The proposed rules and operations policies were to be addressed in an ordinance for your review and action. In the meantime, staff requested that the proposed rules be adopted and posted prior to the opening of the facility.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt an Ordinance to Regulate Skateparks in Watauga County which was to be drafted by staff.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the rules presented by Mr. Geouque, subject to change upon recommendation from the Parks and Recreation Commission.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
ADOPTION OF THE FISCAL YEAR 2007 BUDGET ORDINANCE
 
            By consensus, the Board agreed to table action on the FY 2007 Budget Ordinance until the June 27, 2006, Board meeting or until a special called meeting at which all Board members were to be present.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Review of Parking Lot Plan – County Manager Nelson reviewed the plans for the parking lot on the old Law Enforcement Center site. Initially, the plan was to include a level and a half parking structure but due to changes that were required by the Town of Boone Planning Board and Council, the structure was approved for a single level lot on two elevations which consisted of approximately 33 spaces.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the plan as submitted.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            B.         Discussion of DMV Tag Office – Assistant County Manager Geouque stated that McDowell County had recently been awarded a contract from the DMV to provide tag office services after being in a situation similar to that of Watauga County. Mr. Geouque provided information on the application process and stated that, after talking with DMV officials, he was assured that if the County applied, a DMV contract was to be forthcoming.  Mr. Geouque stated that a proposed budget showed the net projected cost to provide this service was to be $50,000 to $60,000 annually. Mr. Geouque also stated that the State had mandated automobile taxes be paid at the tag office at the same time as registrations were renewed to be effective June 1, 2008.
 
            Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to direct County Management to prepare and submit an application to the DMV (Division of Motor Vehicles) for Watauga County to operate a full-service Tag Office.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            C.        Boards and Commissions – County Manager Nelson stated that Mr. Seth Norris had submitted a recommendation to appoint Ms. Candice Duvernois to the Watauga County Hazardous Materials and Local Emergency Planning Committee as a representative of public health.
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to appoint Ms. Candice Duvernois to the Watauga County Hazardous Materials and Local Emergency Planning Committee as a representative of public health.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            County Manager Nelson stated that the Region D Development Corporation bylaws required each of their seven counties to appoint four persons to serve as members of the Development Corporation 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 and a business organization. The County Manager stated that Mr. Joe Furman had polled the current members, all of which were willing to serve if reappointed.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to reappoint Brian Crutchfield, Fowler Cooper, Brian Riggins, and Jim Furman to the Region D Development Corporation.
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            County Manager Nelson stated that Mr. Ted Hagaman’s term to the Watauga County Adult Care Home Community Advisory Committee was to expire June 17, 2006. The County Manager stated that Mr. Hagaman had indicated his willingness to continue to serve if reappointed.
 
            County Manager Nelson stated that Ms. Dot Barker’s term to the Watauga County Library Board was to expire in August 2006. The County Manager stated that Ms. Barker had indicated her willingness to continue to serve if reappointed.
 
            County Manager Nelson stated that the Watauga County Library Board requested their Board member, Ms. Velma Burnley, be appointed to the Appalachian Regional Library Board with a term which was to expire in August 2009.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to waive the second reading of the above appointments and reappoint Mr. Ted Hagaman to the Watauga County Adult Care Home Community Advisory Committee; reappoint Ms. Dot Barker to the Watauga County Library Board; and appoint Ms. Velma Burnley to the Appalachian Regional Library Board.
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
D.                 Announcements – County Manager Nelson announced that the Watauga County Board of Commissioners’ regular meeting schedule was to be as follows:
 
            June 2006
                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.
 
            Chairman Deal announced that a tentative joint meeting with the Watauga County School Board had been scheduled for June 22, 2006, at 3:00 P. M. in the Commissioners’ Board Room, Watauga County Administration Building, to discuss offers to purchase the current high school property owned by both the Board of Education and the County.
 
PUBLIC COMMENT
 
            Mr. Al Corum, Mr. Gayle Henson, & Ms. Kathy Copley shared concerns with the Board.
 
CLOSED SESSION
 
            At 11:14 A.M., Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Land Acquisition, per G. S. 143-318.11(5)(i); and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
            Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 12:46 P.M.
VOTE:   Aye-4(Deal, Winkler, Honeycutt, Kinsey)
              Nay-0
              Absent-1(Blust)
 
ADJOURN
 
            The meeting adjourned, by consensus, at 12:46 P.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board