MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 2, 2006
The Watauga County Board of Commissioners held a regular meeting on Monday, October 2, 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
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 9:02 A.M., welcoming those in attendance.
Chairman Deal opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the September 19, 2006, regular meeting and closed session minutes.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the September 19, 2006, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Action on closed session minutes was tabled until after closed session for review of requested amendments to the minutes.
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the October 2, 2006, agenda.
Chairman Deal requested to add a “Proposed Resolution Calling on the Bush Administration to Protect North Carolina Hospitals” after closed session at which time the Board was to also take action on the September 19, 2006, closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the October 2, 2006, agenda as amended.
VOTE: Aye-5
Nay-0
RECOMMENDATION FOR FINANCING COUNCIL FOR THE HIGH SCHOOL PROJECT
Ms. Doris Isaacs reviewed the following summary of responses received for Request for Qualifications for legal counsel in the financing of the new high school project. Ms. Isaacs stated that regardless of the method selected for financing, the County will need to retain legal counsel.
Firm
LeBoeuf Lamb Green & MacRae
125 West 55th Street
New York, NY 10019-5389
Robinson Bradshaw & Hinson
101 North Tryon Street
Charlotte, NC 28246
Parker Poe Adams & Bernstein
401 North Tryon Street
Charlotte, NC 28246
Womble Carlyle Sandridge & Rice
150 Fayetteville Street
Raleigh, NC 27601
Compensation
Commensurate with fees from other bond law firms active in NC with consideration of detail of issue. Reimbursement of direct fees [copies, travel, FedEx, telephone, etc. (usually no more than 5% of fee)]
Open to discussion of methodology for fees. Usually agree on appropriate fee at the beginning of each transaction. Provide significant advice between transactions, but do not bill between transactions.
Generally determined on a per bond cost, with consideration to the complexity of work & the risk associated. Fee negotiated at outset of the proposed financing. Reimbursement of cost for copies, postage, etc. (usually do not exceed $500-700 unless travel to NY is required)
Would work with County to reach a mutually agreeable fee for each bond transaction undertaken. Fees usually based on complexity of the tax, time required, & to a lesser extent the size of the issue. Services provided to the County not directly related to the bond issue would not be billed unless a significant amount of time is required. Firm charges separately for telephone, copies, FedEx, etc.
After lengthy discussion, Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to use Parker Poe Adams & Bernstein as legal counsel for financing the new high school project.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of September 2006.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for September 2006 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 September 2006 as presented.
VOTE: Aye-5
Nay-0
PROPOSED COUNTY VEHICLE POLICY
Assistant County Manager Geouque stated that, per Commissioner request, staff had researched policy recommendations for take-home vehicles. Currently employees were allowed to take vehicles home regardless of where they lived. Employees were charged $3.00 per day, in accordance with IRS deductions. Assistant County Manager Geouque proposed that the new policy allow employees who do not drive their vehicles out-of-county to continue as is with the current policy. The Assistant County Manager proposed the following two options for employees who drive their vehicles out-of-county:
Option 1 – Employees would drive county vehicles to a predetermined location within Watauga County and then use their personal vehicle to travel home. Employees would still be charged the $3.00 per day IRS deduction.
Option 2 – Employees would leave their County vehicle at work and if called back would be reimbursed at the IRS allowable rate (currently $0.445).
County Manager Nelson stated that the Sheriff’s Department had its own vehicle use policy and would therefore not be affected by this policy.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to adopt the proposed plan with both options included and allow individual employees to choose which option they would prefer.
VOTE: Aye-5
Nay-0
REQUEST TO DISSOLVE AGREEMENT WITH WATAUGA HUMANE SOCIETY
Assistant County Manager Geouque presented a proposal from the Watauga Humane Society to end the agreement to provide/organize the spay and neuter program for the Animal Control Department. Currently, the adoption fee collected by the Animal Control Department was turned over to the Watauga Humane Society for the spaying and neutering of the animals. The new arrangement was to have Animal Control retain the funds for adoption and coordinate with Humane Alliance to provide spay and neuter. Humane Alliance was to pick up and return animals after they had been spayed or neutered. Additionally, the Humane Society would like the funds in the Watauga County Humane Society Animal Control spay/neuter account to be disbursed between them and the County.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to dissolve the spay/neuter agreement with the Humane Society and to disburse equally the funds in the Watauga County Humane Society Animal Control spay/neuter account.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Resolution for Disposition of Property by Transfer to Another Governmental Unit – County Manager Nelson stated that the County had a 32-ton chiller unit that was put out of service as part of the renovations to the Courthouse and that the Watauga County Board of Education was in need of a 32-ton chiller unit and, as a governmental unit, was entitled to receive County property. The County Manager presented a proposed resolution that was to allow the transfer to the Board of Education.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt the Resolution for Disposition of Property by Transfer to Another Governmental Unit as presented.
VOTE: Aye-5
Nay-0
B. Discussion of Road Closures – County Manager Nelson stated that the new high school project may precipitate the need to close streets/roads in the area. Therefore, information was provided to the Board on the process for closing streets.
The report was for information only and therefore no Board action was required.
C. Courthouse Addition Change Orders (4-6) Request – County Manager Nelson reviewed Change Orders (4-6) for the Courthouse Addition. Change Order 4 covered the change of the retaining wall block color from the grey, as specified, to a color compatible with the courthouse in the amount of $3,240. Change Order 4 also requested an additional CMU layer required to miss the steel beam below the floor in the amount of $2,667. County Manager Nelson stated that Mr. Hemphill was scheduled to attend the October 16, 2006, meeting and staff requested that the Board approve only the wall block color change in Change Order 4 in the amount of $3,240 and allow Mr. Hemphill to justify the request for the additional CMU in the amount of $2,667.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve Part 1 of Change Order # 4 which was a wall block color change in the amount of $3,240.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Change Order 5 in the amount of $29,077 included the installation of one fan coil unit, associated piping, insulation, and electrical work in the amount of $15,860; and an upgrade of the MDP and conductors to 1600 amps in the amount of $13,217.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Order 5 in the amount of $29,077.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Change Order 6 was to furnish and install a key pad type lock on the vault door in the amount of $533 and to furnish and install a window in a masonry wall for $882 for a total of $1,415.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve Change Order 6 in the amount of $1,415.
VOTE: Aye-5
Nay-0
D. 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.
No action was taken on an appointment of an ETJ alternate member to the Boone Board of Adjustment at this time.
County Manager Nelson stated that, due to a resignation, a vacancy for a community-based organization representative existed on the High Country Workforce Development Board. At a previous meeting, the Chamber of Commerce had recommended Mr. Ben Shoemake whom the Board had directed staff to contact to inquire as to his availability to serve. This appointment was to be made by the Chairman.
Chairman Deal, with consensus from the Board, appointed Mr. Ben Shoemake to fill the vacancy on the High Country Council of Governments Workforce Development Board as a community-based organization representative.
E. Announcements – County Manager Nelson announced that a work session was scheduled to discuss plans for the use of the Brookshire Road property and to discuss amendments to the Animal Control Ordinance on Tuesday, October 10, 2006, at 4:00 p.m. in the Commissioners’ Conference Room.
County Manager Nelson announced that a tour of a high school in Guilford County, NC was scheduled for Monday, October 16, 2006, with the tour group leaving on a bus at approximately 7:30 A.M. and returning to Boone at approximately 3:00 P.M. The purpose of the tour was to gather information on features that may be incorporated in the Watauga County high school project
County Manager Nelson announced that the Board’s regular meeting scheduled for Tuesday, October 17, 2006, had been rescheduled for Monday, October 16, 2006, at 6:00 P.M. in the Commissioners’ Board Room. The public hearing scheduled to consider the financing of the acquisition of land for a new high school was also moved to Monday, October 16, 2006, at 6:00 P.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 9:44 A.M., Commissioner Blust, seconded by Commissioner Honeycutt, 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(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:14 A.M.
VOTE: Aye-5
Nay-0
APPROVAL OF CLOSED SESSION MINUTES
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the September 19, 2006, closed session minutes as amended.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION CALLING ON THE BUSH ADMINISTRATION TO PROTECT NORTH CAROLINA HOSPITALS
Chairman Deal stated that Watauga Medical Center had requested that the Board adopt the proposed Resolution Calling on the Bush Administration to Protect North Carolina Hospitals which requested the President continue with State funding to hospitals for Medicaid payments.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the Resolution Calling on the Bush Administration to Protect North Carolina Hospitals as presented.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting adjourned, by consensus, at 11:21 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board