MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 18, 2006
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 18, 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
Andrea Capua, 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 6:10 P.M., welcoming those in attendance.
[Commissioner Winkler arrived at the meeting at 6:40 P.M.]
Commissioner Honeycutt opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the June 22, 2006, special meeting and closed session minutes; and June 27, 2006, regular meeting and closed session minutes.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the June 22, 2006, special meeting minutes as presented.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the June 22, 2006, special meeting closed session minutes as presented.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the June 27, 2006, regular meeting minutes as presented.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the June 27, 2006, closed session meeting minutes as presented.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the July 18, 2006, agenda.
County Manager Nelson requested to add discussion of a House Bill that was to repeal the Motor Vehicle Tax Collection System.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the June 27, 2006, agenda as amended.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
PUBLIC HEARING – TO CONSIDER A PROPOSED WATAUGA COUNTYORDINANCE TO REGULATE WIND ENERGY SYSTEMS
Chairman Deal declared the public hearing open at 6:13 P.M. to allow for comment on the proposed Watauga County Ordinance to Regulate Wind Energy Systems.
The following citizens shared their comments regarding the Watauga County Ordinance to Regulate Wind Energy Systems: Ralph Grosswald; Dennis Scanlin; Dennis Grady; Russell Harper; Louis Zeller; Brent Summerville; Steve Owen; Matt Cooper; and Joseph Montemurno.
County Attorney Capua stated concern for the wording of Section 3 of the proposed ordinance. Mr. Furman gave his interpretation of the section. Mr. Furman also requested that the Board adopt the County Attorney’s interpretation of the Ridge Law. County Manager Nelson stated that the Board could adopt the Ridge Law interpretation as an appendix to the ordinance.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:54 P.M.
By consensus, the Board directed Mr. Furman and County Attorney Capua to rewrite Section 3 for clarification and tabled action until the August 7, 2006, Board meeting.
PUBLIC HEARING – TO ALLOW PUBLIC COMMENT ON AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE APPALACHIAN ENTERPRISE CENTER PROJECT
Chairman Deal declared the public hearing open at 6:54 P.M. to allow for comment on the application for Community Development and Block Grant Funding for the Appalachian Enterprise Center project.
Mr. Furman reviewed the Appalachian Regional Commission’s Division of Community Assistance application which was due August 18, 2006, and presented a resolution authorizing the submission of the application.
There being no public comment, Chairman Deal declared the public hearing closed at 6:55 P.M.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the resolution approving the Community Development Block Grant Funding application for the Appalachian Enterprise Center project as presented by Mr. Furman.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
[Clerk’s Note: Commissioner Blust momentarily stepped out of the meeting]
PROPOSED PROCLAMATION DECLARING AUGUST 2006 AS HOMELESS AWARE-NESS MONTH AND FOOD AND SHELTER FOR HOPE MONTH
Mr. John Cooper presented a proposed proclamation declaring August 2006 as Homeless Awareness Month and Food and Shelter for Hope Month in Watauga County.
Chairman Deal suggested the second “Whereas” be re-worded as follows:
“WHEREAS, one of the main causes of the homelessness…”
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the proclamation declaring August 2006 as Homeless Awareness Month and Food and Shelter for Hope Month in Watauga County as amended.
VOTE: Aye-5
Nay-0
INTRODUCTION OF NEW AGRICULTURE AGENT FOR FIELD, CROPS & LIVESTOCK
Ms. Sue Counts introduced the County’s new Agricultural Agent, Ms. Callie Birdsell who began her position on June 1, 2006. Ms. Birdsell was to focus on livestock, tobacco, field crops, organic produce, and pasture crops. Ms. Birdsell briefly addressed the Board and encouraged the public to contact her with agricultural concerns.
WATAUGA OPPORTUNITIES REQUEST
Mr. Michael Maybee, Watauga Opportunities, stated that in June of 2005, the County entered into an agreement with Watauga Opportunities that loaned $50,000 from the County’s Economic Development Fund for the purpose of up-fitting and acquiring machinery to enable the acceptance of a manufacturing contract. The contract stipulated that the loan was to be repaid in five annual installments in the amount of $10,000 each, to be waived by the Board if Watauga Opportunities created 10 full time jobs paying between $9 & $13 an hour and the jobs were maintained during the year, with each subsequent annual payment to be so addressed. Mr. Maybee stated that due to a cancellation of a contract with Rauch Industries which created the primary work for the aforementioned equipment, Watauga Opportunities only created 8 FTE jobs. Mr. Maybee requested that the annual payments were to begin in June 2007 in place of 2006 in order for Watauga Opportunities to collect the money owed to them by Rauch Industries. Based upon their agreement, their first two payments from Rauch had been received and therefore continued payment was expected.
Commissioner Kinsey, seconded by Commissioner Blust, moved to direct the County Attorney to prepare an amendment to the agreement which stated that the repayment of the loan was to begin in June 2007 for a five year period.
VOTE: Aye-5
Nay-0
OUT OF STATE TRAVEL REQUESTS
A. Board of Elections – Mr. Rusty Henson, Watauga Board of Elections member, requested authorization of out of state travel for Ms. Jane Hodges to attend an Annual National Elections Conference in Chicago, Illinois, August 15-18, 2006. Ms. Hodges needed to attend the training to maintain her certification.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the out of state travel request as presented by Mr. Henson.
VOTE: Aye-5
Nay-0
B. Sheriff’s Department – County Manager Nelson requested approval for three out of county trips on behalf of the Sheriff’s Department. The first was to allow Detective Troy Cook to attend a grant writing conference in Commerce, Georgia, that was to bear minimal expense to the County for gas and meals only. The tuition for the workshop was obtained at no cost and Mr. Cook planned to obtain lodging at no cost to the County. The County Manager stated that he had given preliminary approval prior to presentation in that the scheduled training began before the Board meeting.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the out of state travel request for Detective Troy Cook.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the second request was for two detectives to travel to Washington, DC, to work on a murder investigation. The County Manager stated that he had given tentative approval in that this was necessary for an ongoing investigation.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the out of state travel request for the two detectives travel to Washington, DC.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the third request was for Lt. Todd Phillips to attend a training workshop in Orlando, Florida. The training was to be administered by the Department of Army and was provided under a grant that awarded Watauga County technology to be used to combat drugs. The only cost to Watauga County was to be travel to Greensboro and Lt. Phillips’ time.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the out of state travel request for Lt. Phillips travel to Orlando, FL.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of June 2006.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for June 2006 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the Refunds and Releases Report for June 2006 as presented.
VOTE: Aye-5
Nay-0
C. Credit Card Authorization Request – Mr. Byrd requested to enter into an agreement with Official Payments Corporation (OPC) which was for a third party provider to allow County taxpayers to pay their tax bills by Credit Card, either by telephone or over the internet. Counties were not allowed by Statute to accept credit card payment unless a third party was used. The third party attached a fee for the service to the payment and there was no cost to the County. The fee for the customer was to be approximately 3% of the transaction.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the contract with Official Payments Corporation (OPC) contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
OFFICIAL DEPOSITORY DESIGNATION REQUEST
Ms. Doris Isaacs reviewed a proposed resolution designating Bank of Granite as the official depository for Watauga County.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the resolution designating Bank of Granite as the official depository for Watauga County.
VOTE: Aye-5
Nay-0
SUBDIVISION PERFORMANCE GUARANTEES
Mr. Joe Furman presented a subdivision performance guarantee, in the amount of $30,000, for the final plats for the Howard’s Glen, 14 lots, which was an irrevocable letter of credit from High Country Bank 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-4(Winkler, Blust, Honeycutt, Kinsey)
Nay-0
Abstain-1(Deal)
Mr. Joe Furman presented a subdivision performance guarantee, in the amount of $168,750, for the final plats for the Morgan’s Ridge (Echota on the Ridge), 17 lots, 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 Blust, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-4(Winkler, Blust, Honeycutt, Kinsey)
Nay-0
Abstain-1(Deal)
PROPOSED ORDINANCE TO REGULATE HAZARDOUS RECREATION PARKS IN WATAUGACOUNTY
Assistant County Manager Geouque reviewed a proposed Ordinance to Regulate Hazardous Recreation Parks (skate parks) in Watauga County. The ordinance was required to remove liability from the County during the operation of this park.
The County Attorney suggested that Article II include “freestyle bicycling.”
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to adopt the Ordinance to Regulate Hazardous Recreation Parks in Watauga County as amended.
VOTE: Aye-5
Nay-0
SCHOOL BOARD MATTERS
Chairman Deal stated that a special joint meeting with the Watauga County Board of Education was scheduled for July 25, 2006, at 7:00 P.M. at which time further discussion on the high school project was to take place. The meeting was to be held in Courtroom # 1 of the Courthouse and the public was encouraged to attend. Citizens were welcome to submit questions in writing prior to the meeting and a time for questions was to be reserved at the meeting as well.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. EMS Plan Medical Director Employment Agreement – County Manager Nelson stated that a medical director employment agreement had been under negotiation for the past several months with Dr. Simon Watson to provide services as Medical Director for the County’s EMS Plan. The County Manager presented an agreement as drafted by the County Attorney. County Manager Nelson stated that as previously discussed, each county was required to have a Medical Director and Dr. Watson was to provide this service for an amount of $2,000 per month or $24,000 annually. The fee was to be shared by Watauga Medical Center ($6,000); Watauga Medics, Inc. ($12,000); and Watauga County ($6,000). The County Manager requested that if Board action was taken to approve the contract, it be done so with an effective date of December 1, 2005, as Dr. Watson had been providing the service since that time.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the agreement with Dr. Simon Watson, as drafted by the County Attorney, to provide Medical Director services for Watauga County retroactive to December 1, 2005.
VOTE: Aye-5
Nay-0
A. Appointment of Voting Delegate for NCACC Annual Conference – County Manager Nelson stated that at the Annual North Carolina Association of County Commissioners Conference counties were to select the Association’s officers and vote on policy issues. According to the bylaws, each county was entitled to one vote by selection of a voting member to represent the member county. The appointment of Watauga County’s voting delegate was to be submitted to the Association by August 28, 2006.
Action on appointing a voting member was tabled until the August 7, 2006, meeting.
C. Boards and Commissions – County Manager Nelson stated that due to a resignation, a vacancy existed on the Boone Board of Adjustment for an ETJ alternate member. No recommendations were presented.
Action on an appointment of an ETJ alternate member to the Boone Board of Adjustment was tabled until a future meeting.
D. Announcements – County Manager Nelson announced that the North Carolina Cooperative Extension Services was conducting a forum entitled WNC Sustainable Communities Summit that was scheduled for September 7, 2006, in Waynesville.
County Manager Nelson announced that the Board was invited to the official Dedication Ceremony and Ribbon cutting for the Mariam and Robert Hayes Performing Arts Center on Friday, August 18, 2006, at 11:00 A.M.
County Manager Nelson announced that a site visit of the Rural Courts Commission was to take place on July 20 and 21, 2006, in Watauga and Avery counties. The Board of Commissioners were invited to a luncheon meeting with the Rural Courts Commission at 12:00 noon on Friday, July 21, 2006, to discuss courthouse needs.
County Manager Nelson announced that the Board was invited to a luncheon by the Ginn Corporation on Tuesday, July 25, 2006, at 11:00 A.M. till 1:00 P.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 8:10 P.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, 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 Honeycutt, seconded by Commissioner Blust, moved to resume the open meeting at 9:02 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 9:02 P.M.
Jim Deal, Chairman
ATTEST
Anita J. Fogle, Clerk to the Board