MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
THURSDAY, MAY 19, 2005
The Watauga County Board of Commissioners held a regular meeting on Thursday, May 19, 2005, at 6:00 P.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
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:02 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 3, 2005, regular meeting minutes and the May 3, 2005, closed session minutes.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the May 3, 2005, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the May 3, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the May 19, 2005, agenda.
County Manager Nelson requested to add the following items to the agenda:
· Discussion of House Bill 1638 Regarding E911 Funding
· Emergency Watershed Protection Resolution and Agreement Request
· Watauga County Arts Council Funding Request
· Budget Amendments
· Add Economic Development Incentive to Closed Session per G. S. 143-318-11(a)(4).
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the May 19, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – BUDGET FISCAL YEAR 2006
Chairman Deal declared the public hearing open at 6:05 P.M. to allow for comment on the Manager’s recommended budget for FY 2006.
The following individuals addressed the Board regarding the recommended budget:
Ms. Deb Wynne, Watauga Humane Society
Ms. Karen Carter, Watauga County Citizen
Mr. Allen Trivette, Watauga County Citizen
Mr. William Purcell, Children’s Playhouse
Ms. Jana Duke, Watauga County Schools/Children’s Playhouse
Ms. Kathy Parham, Children’s Playhouse
Ms. Shiree Dome, Children’s Playhouse
Mr. Denny Norris, Watauga Soil and Water Conservation Department
Each individual briefly discussed their concerns regarding the recommended budget for Fiscal Year 2006.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:33 P.M.
Board action was not required and therefore none was taken.
WATAUGA MEDICAL CENTER LOAN APPROVAL REQUEST
Mr. Richard Sparks, CEO of Appalachian Healthcare Systems, requested approval for the Watauga Medical Center to borrow $32,000,000 from the North Carolina Medical Care Commission. The purpose of the loan was to refinance $13,000,000 of existing indebtedness and to fund numerous projects. The loan required Board of Commissioner approval because Watauga County owns some of the land and the main hospital building which was under lease to the Medical Center.
The requested approval consisted of the adoption of two resolutions. The first was an amendment of the collateral assignment of lease which promised the use and operation of the hospital should the Medical Center default on the loans. The second resolution was an amendment to the security agreement – revenues, that pledges the Medical Center’s revenues for repayment.
County Attorney Capua stated that the documents had been reviewed and approved by counsel.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve “Amendment No. 2 To Amendment and Collateral Assignment of Lease” and the second amendment titled “Amendment No. 2 To Security Agreement – Revenues”, as necessary to grant approval to Watauga Medical Center to enter into a loan to borrow $32,000,000 from the North Carolina Medical Care Commission.
VOTE: Aye-5
Nay-0
PROPOSED APPALCART CONTRACTS
Mr. Chris Turner reviewed contracts for transportation between AppalCART and Watauga County Parks and Recreation and Project on Aging and answered questions from the Board. The requested contract amounts for the Project on Aging were $11.21 per hour and $.63 per mile (FY 2005 rates were $10.67 per hour and $.58 per mile). Proposed charges for the Parks and Recreation Department were $12.48 per hour and $.68 per mile (FY 2005 rates were $11.88 per hour and $.63 per mile).
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the transportation contract between AppalCART and Watauga County’s Project on Aging as presented.
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the transportation contract between AppalCART and Watauga County Parks and Recreation as presented.
VOTE: Aye-5
Nay-0
LAND PURCHASE REQUEST
Ms. LouAnn Phillips, a property owner on Green Brier Road - south and adjacent to the County owned landfill property, stated that she wished to build on her lot and learned that it would not accommodate a septic system which was required to be 50 feet from the water source which was shared with the adjoining lot.
Ms. Phillips requested to purchase from the County approximately 18/100 of an acre of land adjacent to her lot to be able to install the required septic system.
By consensus, the Board directed the County Attorney to research and address, at a future meeting, the possibilities of declaring the property surplus and the legality of selling the property to an individual.
SHERIFF’S DEPARTMENT MATTERS
A. Car Purchase Request – Sheriff Shook presented the following bids that he had received for a new car to be used by the Sheriff as discussed during budget work sessions.
|
Dealership
|
Bid Amt. of Vehicle
|
Delivery Charge
|
Total Amt. of Bid
|
|
Vic Bailey Ford
Spartanburg, SC
|
$20,926.00
|
$100.00
|
$21,026
|
|
Bobby Jones Ford
Augusta, GA
|
$21,110
|
$0
|
$21.110
|
|
Boone Ford
Boone, NC
|
$20,900
|
$0
|
$20,900
|
The Sheriff proposed to purchase this car out of the Sheriff’s Department drug fund that had accumulated from fines and forfeitures from drug related cases and recommended purchasing from the low bidder, Boone Ford.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the execution of the purchase of the vehicle from Boone Ford as presented by Sheriff Shook.
VOTE: Aye-5
Nay-0
B. LawEnforcementCenter Equipment Bid Award Requests – Lt. Jamey Fletcher discussed two proposals for Law Enforcement Center equipment bids. The first was for a phone system for the new Law Enforcement Center. The amount of the proposal was for $42,038.10 plus $7,864.24 for wiring for a total proposal of $49,902.34. The proposal was from Wireless Communications, the current vendor on record for the 911 system. The goal was to use a single vendor to ensure total integration for the County’s E911 emergency communications center and the Sheriff’s Department phone system. The phone system was to also allow future growth into other County buildings and departments at a nominal cost which presented the opportunity for present and future cost savings. The cost of the phone system was to come from the County’s capital reserve fund.
The second proposal was for a new 911 call taking system that was in need of replacement. It was to be timed to be installed prior to occupying the new communications center at the Law Enforcement Center complex. The cost for the replacement was $225,578. The existing equipment and radio consoles that were to be reused had to be reinstalled in the new center. The cost for the relocation and installation was $58,066.73. The replacement of the proposed 911 system and the relocation were appropriate under 911 expenditures in the total amount of $283,644.73 which was present in the County’s 911 reserve funds.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler moved to approve the proposal for the new integrated phone system contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the single source proposal from Wireless Communications for the 911 consoles contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. Proposed CDBG Procurement Policy – Planning and Inspections Director, Mr. Joe Furman, stated that the High Country Council of Governments was administrating the current Community Development Block Grant (CDBG) housing rehabilitation project which required a policy be adopted that regulated the selection of contractors for CDBG work. Mr. Furman stated that the procedures in the policy were currently being followed.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the Community Development Block Grant Procurement Policy as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. CDBG Public Hearing Request – Mr. Furman requested that a public hearing be set for the June 6, 2005, meeting for an amendment to the Community Development Block Grant Scattered Site Housing project currently ongoing in Watauga County
By consensus, the Board set a public hearing for the June 6, 2005, meeting at 9:00 A.M. for an amendment to the Community Development Block Grant Scattered Site Housing project currently ongoing in Watauga County
C. Discussion of Senate Bill 913 and House Bill 1288 – Mr. Furman discussed Senate Bill 913 and House Bill 1288 which proposed legislation to clean up abandoned mobile homes throughout North Carolina.
After discussion, the Board directed Mr. Furman to present a draft resolution in opposition to Senate Bill 913 and House Bill 1288 as currently written, at the June 6, 2005, Board meeting.
D. Discussion of House Bill 1638 – Mr. Furman discussed potentially harmful House Bill 1630 regarding the collection of 911 funds.
After discussion, Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt a resolution in opposition to House Bill 1638 to be drafted for approval at a future meeting.
VOTE: Aye-5
Nay-0
E. Subdivision Performance Guarantee – Mr. Furman presented two subdivision performance guarantees. The first was for Stone Creek which was an irrevocable letter of credit from BB&T and the second was for Ginn-LA Laurel Creek Development, LLC, which was a bond from Hartford Fire Insurance Company. Both were for road construction and pursuant to section 92 of the Subdivision Regulations.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee for Stone Creek as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantee for Ginn-LA Laurel Creek Development, LLC, as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
F. Community Based Affordable Housing Steering Committee Appointments – Mr. Furman stated that at the Pre Budget Annual Retreat the Community Based Affordable Housing Task Force requested that the Board of Commissioners appoint a steering committee to formalize the relationship between the Task Force and the County. Mr. Furman presented recommended members of the Steering Committee as follows:
Joe Furman, Watauga County Department of Planning and Inspections
Scott Eggers, Blue Ridge Energies, LLC
Jerry Moretz, Watauga Medical Center
Dan Meyer, Boone Area Chamber of Commerce
Joedy Eller, AF Bank
Mike Hall, Idea Originator – Bandana’s Barbeque and Grill
Richard “Dick” Jones, Retired Superintendent
Mitchell Yates, Watauga County Schools
Lynn Drury, ASU
Lorin Baumhover, ASU
Ned Fowler, Northwestern Regional Housing Authority
Dolly Bandura, Habitat for Humanity
Dell Slack, Realtor
John Spear, Town of Boone Planning and Inspections
Jay Vincent, Realtor
Vice Chairman Winkler, seconded by Commissioner Blust, moved to appoint Joe Furman, Scott Eggers, Jerry Moretz, Dan Meyer, Joedy Eller, Mike Hall, Richard “Dick” Jones, Mitchell Yates, Lynn Drury, Lorin Baumhover, Ned Fowler, Dolly Bandura, Dell Slack, John Spear, Jay Vincent, Keith Honeycutt as a Commissioner representative and a Town of Boone representative to be designated by the Town of Boone.
VOTE: Aye-5
Nay-0
EWP RESOLUTION AND AGREEMENT REQUEST
Assistant County Manager Geouque presented a Resolution Designation of Applicant’s Agent from the North Carolina Division of Emergency Management naming Deron Geouque as the primary agent and Joe Furman as the secondary agent for the Emergency Watershed Program. Mr. Geouque also presented for approval an EWP NRCS Stream Clearance State-Applicant Disaster Assistance Agreement.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the Resolution Designation of Applicant’s Agent naming Deron Geouque as the primary agent and Joe Furman as the secondary agent for the Emergency Watershed Protection and the EWP NRCS Stream Clearance State-Applicant Disaster Assistance Agreement as presented by Mr. Geouque.
VOTE: Aye-5
Nay-0
AWARD REQUEST FOR EWP ENGINEERING/CONSTRUCTION BIDS
Assistant County Manager Geouque discussed four projects that were to be funded with EWP funds. After going through an informal bid process, four companies were recommended for the four projects that required engineering services as listed below:
|
Firm
|
Project
|
Amount
|
|
McGill and Associates
|
Upper Watauga 1
|
$200,000
|
|
Barrier Geotechnical Contractors
|
White Laurel
|
$294,755
|
|
Environmental Services
|
Dutch Creek 1
|
$140,874
|
|
NorthState
|
Cove Creek 1
|
$103,500
|
|
Total
|
$739,129
|
|
The total bids received were $739,129 which exceeded the preliminary budgeted amounts by $102,129.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to award contracts for the four projects as presented by Mr. Geouque and to authorize staff to negotiate with other bidders as/if needed. The awards were contingent upon review of the County Attorney and notification from the USDA that the additional funding was approved.
VOTE: Aye-5
Nay-0
AWARD REQUEST FOR FURNITURE BIDS
Mr. Geouque discussed proposed furniture bids for the Administration Building, the Emergency Management Building, and the Law Enforcement Center. After advertising, five companies submitted bids. The four vendors, as listed were chosen based on price, quality, performance, and the ability to deliver the goods in the time as specified in the proposals.
|
Vendor
|
AdministrationBuilding
|
EmergencyManagementBuilding
|
LawEnforcementCenter
|
|
Alfred Williams & Co.
|
$7,805.41
|
$0
|
$7,247.39
|
|
Forms & Supply, Inc.
|
$3,961.65
|
$0
|
$0
|
|
Office Environments
|
$0
|
$1,142.05
|
$5,071.40
|
|
Professional Business Interiors, Inc.
|
$2,676.23
|
$2,532.46
|
$67,193.80
|
|
WJ Office City
|
$43,907.50
|
$13,192.75
|
$11,688.89
|
|
Total
|
$58,350.79
|
$16,867.26
|
$91,201.48
|
|
Grand Total
|
$166,419.53
|
||
Funds were budgeted in the County’s Capital Reserve Account. The total amounts of bids requested to be awarded was $166,419.53. The working budget for these purchases was set at $175,000.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the proposals and to purchase the required furniture and equipment as presented by Mr. Geouque.
VOTE: Aye-5
Nay-0
WATAUGACOUNTY ARTS COUNCIL FUNDING REQUEST
Ms. Cherry Johnson, Executive Director of the Watauga County Arts Council, stated that at the March 16, 2004, Board meeting the Board of Commissioners offered the Arts Council a challenge grant on a dollar by dollar basis for any amount the Arts Council raised up to $50,000 with funds from the Economic Development Capital Outlay Fund. The funds were to be used for renovations on the Vance building space in an effort to locate an Arts Center in said space which was anticipated to open between September and December 2005.
In that the previously approved funds were not expended, Ms. Johnson requested that the Board of Commissioners reaffirm the earlier decision made on March 16, 2004.
Commissioner Blust, seconded by Commissioner Kinsey, moved to re-approve the offer of a challenge grant on a dollar by dollar basis to the Watauga County Arts Council for any amount raised up to $50,000 with funds from the Economic Development Capital Outlay Fund to be used for renovations on the Vance Building space in an effort to locate an Arts Center in said space.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
103300-341704 HAVA-Title III-Section 303 $2,792
104170-432500 Elections-Postage $2,792
The amendment recognized the receipt of Help America Vote Act (HAVA) funds to assist in the voter list maintenance mandated by the NC General Statutes and the National Voter Registration Act of 1993.
Account # Description Debit Credit
103300-343306 FEMA-Hurricane Ivan $471
104330-426000 Office Supplies $471
The amendment recognized FEMA funds received for the administrative costs for Hurricane Ivan.
Account # Description Debit Credit
663740-350000 Landfill Tipping Fees $120,000
667420-469568 Contracted Services-Waste Mgt. $120,000
The amendment recognized additional tipping fees revenue and additional expenses for contracted services for the transport of solid waste.
Account # Description Debit Credit
283101-312401 Taxes Ad Valorem-04-05 $10,000
284340-469901 Pay to Fire Dept.-Foscoe $10,000
283101-312404 Taxes Ad Valorem-04-05 $5,000
284340-469904 Pay to Fire Dept.-Beaver Dam $5,000
283101-312405 Taxes Ad Valorem-04-05 $4,800
284340-469905 Pay to Fire Dept.-St. Simmons $4,800
283101-312406 Taxes Ad Valorem-04-05 $6,500
284340-469906 Pay to Fire Dept.-Zionville $6,500
283101-312407 Taxes Ad Valorem-04-05 $10,000
284340-469907 Pay to Fire Dept.-Cove Creek $10,000
283101-312408 Taxes Ad Valorem-04-05 $4,000
284340-469908 Pay to Fire Dept.-Shawneehaw $4,000
283101-312409 Taxes Ad Valorem-04-05 $7,000
284340-469909 Pay to Fire Dept.-M. Camp $7,000
283101-312410 Taxes Ad Valorem-04-05 $6,500
284340-469910 Pay to Fire Dept.-Deep Gap $6,500
283101-312411 Taxes Ad Valorem-04-05 $4,000
284340-469911 Pay to Fire Dept.-Todd $4,000
283101-312412 Taxes Ad Valorem-04-05 $6,000
284340-469912 Pay to Fire Dept.-Blowing Rock $6,000
243101-312004 Taxes Ad Valorem-04-05 $9,700
244340-469905 Pay to Fire Dept.-Boone $9,700
The amendment recognized additional fire tax district revenues and payments to volunteer fire departments.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Surplus Property Sale Request – County Manager Nelson presented surplus property Parcel ID # 1941-41-9642-000 which went through the upset bid process that concluded with a ten day period in which no upset bid was received. The high bid was in the amount of $5,060 and was received by Robert Schwendeman of Deerfield Beach, FL.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to accept the high bid and approve the sale of the property listed above contingent on the County Attorney’s drafting and executing the appropriate documents.
VOTE: Aye-5
Nay-0
B. Proposed Audit Contract – County Manager Nelson reviewed a contract for auditing services from Bryce Holder CPA, PA. The proposal was to provide audit services to Watauga County for three years with the costs being a maximum of $41,450 in the first year, $42,500 the second year, and $45,650 the third year. Also included in the contract was a provision for a timely completion and submission of the audit to the Local Government Commission by the October 31, 2005, deadline. Should the deadline not be met the County had the right to assess a penalty of $100 per day until the financial statements were submitted.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to accept the proposal and enter into the contract with Bryce holder CPA, PA, for audit services contingent on County Attorney review.
VOTE: Aye-5
Nay-0
C. Law Enforcement Center Change Order Request – County Manager Nelson stated that at a budget work session the Sheriff had requested for completion of the 32 “expansion cells” during the construction of the new Jail. The cells were originally scheduled for future completion as needed. Action was required to authorize and request a change order to complete the expansion cells during current construction. The approximate cost was to be $550,000. A detailed change order was to be presented for approval at a future meeting.
Commissioner Blust, seconded by Vice Chairman Winkler, moved to authorize the change order to complete the expansion as requested.
VOTE: Aye-5
Nay-0
D. Department of Correction Lease Renewal Request – County Manager Nelson stated that the County currently leased 673 square feet in the ground floor of the East Annex to the Department of Probation and Parole as State Statutes required counties to provide space for court related functions. The proposed lease was for $8,900 which was $13.22 per foot (a three percent increase from the current lease). The County Manager stated that after negotiations, it was determined by staff that 3% was the maximum allowable rate approvable by the State. The lease term was proposed at three years with the previous lease having been for two years.
After discussion, Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the execution of the lease with a term of two years and contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
E. Boone Climbers Coalition Request – County Manager Nelson stated that the Boone Climbers Coalition had extended a proposal to furnish a sign for the County owned Howard’s Knob Park. The offer was for $500 with a request to recognize the donation through a plaque that would be placed on the sign. This was a similar arrangement that the Parks and Recreations Department has used to fund scoreboards at athletic fields. The Coalition also offered to volunteer to “clean up” the park.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to accept the offer for the sign with the understanding that acceptance does not give the Coalition a right to climb in the area.
VOTE: Aye-5
Nay-0
F. Boards and Commissions – County Manager Nelson stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans to the region. They also assisted in marketing and packaging loans for small business throughout the region. Per their bylaws, each county was required to appoint four persons to serve as members of the Development Corporation in May of each year. The current Watauga County members were Linda Craig, Carroll Garland, Bill Rucker, and James Wilcox. Representative categories were local government, private lending institution, community organization or a business organization.
Commissioner Honeycutt requested to ask Mr. Brian Riggins to serve as the private lending representative.
By consensus, the Board agreed to direct Mr. Furman to poll the Economic Development Commission for recommendations and to coordinate with Commissioner Honeycutt to inquire from Mr. Riggins his willingness to serve.
G. Announcements – County Manager Nelson announced that a joint meeting with the Board of Commissioners, Appalachian State University, and the Town of Boone was scheduled for May 20, 2005, at 12 noon at the Broyhill Conference Center.
County Manager Nelson announced that the Grand Opening for the Brookshire Road Park was scheduled for June 1, 2005, at 12 noon at the park.
County Manager Nelson announced that the second EMS base in Avery County, that was to serve the Beech Mountain/Banner Elk area had been completed, and that Dr. Murray Miller had invited the Board of Commissioners to tour the completed facility when convenient.
PUBLIC COMMENT
Ms. Sue Counts, Director of Cooperative Extension, stated her appreciation for continued support from the Board of Commissioners.
Ms. Ivette Rubio, Watauga Coordinator for the High Country Amigos, stated her appreciation for support from the Board of Commissioners and stated that a formal funding request in the amount of $6,000 would be presented to the Board in June.
CLOSED SESSION
At 8:17 P.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Land Acquisition, per G. S. 143-318-11(a)(5)(i), Attorney/Client Matters, per G. S. 143-318-11(a)(3), Personnel Matters, per G. S. 143-318-11(a)(6) and Economic Development Incentives, per G. S. 143-318-11(a)(4).
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 9:17 P.M.
VOTE: Aye-5
Nay-0
BUDGET WORK SESSION SCHEDULE
By consensus, the Board agreed to conduct an additional work session on May 25, 2005, at 4:00 P.M. in the County Manager’s Conference Room.
ADDITIONAL ANNOUNCEMENT
Vice-Chairman Winkler requested that the Commissioners send individual letters to legislators in opposition to proposed library funding cuts.
ADJOURN
Chairman Deal adjourned the meeting by consensus at 9:23 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board