MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 17, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 17, 2007, at 6:00 P.M. in the Board Room of the Watauga County Administration Building.
PRESENT: Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
John Cooper, Commissioner
Winston Kinsey, Commissioner
Mary Moretz, Commissioner
Anthony di Santi, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita Fogle, Clerk to the Board
The meeting was called to order at 6:02 P.M.
[Clerk’s Note: Vice-Chairman Winkler arrived at the meeting at 6:07 P.M.]
Chairman Deal opened the regular meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the following minutes: May 29, 2007, special meeting and closed session minutes; June 5, 2007, regular meeting and closed session minutes; June 7, 2007, special meeting minutes; June 26, 2007, regular meeting and closed session minutes.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the May 29, 2007, special meeting minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the May 29, 2007, closed session minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the June 5, 2007, regular meeting minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the June 5, 2007, closed session minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the June 7, 2007, special meeting minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the June 26, 2007, regular meeting minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the June 26, 2007, closed session minutes as presented.
VOTE: Aye-4(Deal, Cooper, Kinsey, Moretz)
Nay-0
Absent-(Winkler)
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the July 17, 2007, agenda.
County Manager Nelson requested to add the following:
13. B. Report on the Progress of the “Tot Lot” Equipment Installation
14. A. 1. Report on the Graveyard Relocation
14. C. 1. Surplus Property Request
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the July 17, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM APPLICATION
Chairman Deal declared a public hearing open at 6:08 P.M. to consider AppalCART’s Rural Operating Assistance Program Application.
AppalCART Director, Mr. Chris Turner, addressed the board, explaining that this application was submitted annually to provide Watauga County with state funding to expand AppalCART’s rural transportation services. Mr. Turner stated that this year the funding amount was a total of $70,405 and no local match was required. The funding was allocated to improve access to transportation for clients of the Project on Aging, Watauga Opportunities, Carolina Friendship, and the Department of Social Services.
There being no public comment, Chairman Deal declared the public hearing closed at 6:14 P.M.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the submission of the application as presented.
VOTE: Aye-5
Nay-0
PROPOSED PROCLAMATION HONORING COMMUNITY SERVICE (SHIRLEE GAINES EDWARDS)
Chairman Deal read a proclamation in which Ms. Shirlee Gaines Edwards was recognized for her dedicated service to the citizens of Watauga County.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
SUMMIT ON YOUTH LEADERSHIP TEAM FUNDING REQUEST
Ms. Nancy Reigel, representing the Summit on Youth Leadership Team, presented a funding request to create a strategic community plan to address the issues and needs of youth in Watauga County. The request to Watauga County was in the amount of $20,000 and was to partially fund a consultant to conduct the survey and develop the strategic plan.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to allocate $20,000 to the Summit on Youth Leadership Team, for a consultant to conduct a survey and develop a strategic community plan, from the Watauga County Fund Balance.
VOTE: Aye-5
Nay-0
PROPOSED PROCLAMATION FOR THE “WATAUGA READS” PROGRAM
Mr. John Blake, Watauga County Library Director, presented a proposed proclamation for the “Watauga Reads” Program.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the Proclamation for the “Watauga Reads” Program.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Financing Request for Sanitation Equipment – Ms. Isaacs stated that six (6) requests for financing proposals for equipment to be purchased at the Sanitation Department were issued and the following four were received:
|
Financial Institution
|
Amount
|
Term
|
Rate
|
Total Payback
|
|
RBC
|
$575,000
|
3 years
|
3.79
|
$611,024.88
|
|
First Citizens Bank
|
$575,000
|
3 years
|
3.98
|
$612,863.04
|
|
Wachovia Bank
|
$575,000
|
3 years
|
4.33
|
$616,256.88
|
|
BB & T
|
$575,000
|
3 years
|
3.94
|
$612,475.80
|
Ms. Isaacs recommended approval of the low bidder, RBC.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve RBC’s financing proposal for the Sanitation equipment as presented.
VOTE: Aye-5
Nay-0
B. Surplus Equipment Request – Ms. Isaacs reviewed a list of surplus equipment and property that the County no longer used. Ms. Isaacs stated that the list had been reviewed by all departments to determine any appropriate county use and, therefore, she now recommended the property be declared as surplus to be sold through the electronic bid process using GovDeals.com.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to declare the equipment and property as presented by Ms. Isaacs surplus and approve their sale through GovDeals.com.
VOTE: Aye-5
Nay-0
C. Bond Rating Review Request – Ms. Isaacs stated that Ms. Allison Peeler with BB&T, the County’s lead firm for the High School Project financing, recommended that the County have its bond rating reviewed by Moody’s and Standard and Poors. It was anticipated that a one-day visit from each rating agency was to be needed. The fees were projected to be $27,000 for Moody’s and $28,000 for Standard and Poors. It was hoped that a higher rating would be achieved which would enable substantial savings in the interest on the debt issuance for the high school project.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to authorize staff to enter into contracts with Moody’s in an amount not to exceed $27,000 and Standard and Poors in an amount not to exceed $28,000 for bond rating reviews.
VOTE: Aye-5
Nay-0
BID AWARD REQUESTS FOR NEW TRUCKS (2) AND LOADERS (2)
Mr. J. V. Potter reviewed bid proposals received for the following:
Front Loading Trash Truck
Volvo GMC Truck Center $196,800.00
Central Carolina Truck $196,118.00
Nu-Life Environmental $181,395.00
Cavalier Equipment $179,647.00
Mr. Potter recommended the low bid in the amount of $179,647.00 from Cavalier Equipment.
Tandem Dump Truck
Volvo GMC Truck $115,650.71
Whites International Truck $112,567.00
Transource $112,500.00
Smokey Mountain Truck Center $112,277.00
Western Carolina $110,398.00
Mr. Potter recommended the low bid in the amount of $110,398.00 from Western Carolina.
Wheel Loader
Linder Industrial $211,500.00
Carolina Cat $200,207.72
James River Equipment $190,890.00
Stafford $181,485.00
Briggs Construction Equipment $166,990.00
Mr. Potter recommended the low bid in the amount of $166,990.00 from Briggs Construction Equipment.
Mini Wheel Loader
James River Equipment $74,500.00
Briggs Construction Equipment $65,585.00
Carolina Cat $61,317.00
Mr. Potter recommended the low bid in the amount of $61,317.00 from Carolina Cat.
Mr. Potter stated that the purchases were included in the Fiscal Year 2008 budget.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the following bids as recommended by Mr. Potter: the trash truck from Cavalier Equipment in the amount of $179,647.00; the tandem dump truck from Western Carolina in the amount of $110,398.00; the wheel loader from Briggs Construction Equipment in the amount of $166,990.00; and the mini wheel loader from Carolina Cat in the amount of $61,317.00.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Collections Director Larry Warren presented the Tax Collections Report for the month of June 2007.
B. Releases and Refunds – Mr. Warren presented the following Refunds and Releases for June 2007 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for June 2007 as presented.
VOTE: Aye-5
Nay-0
MAINTENANCE MATTERS
A. Proposal for Engineering Services – Underground Storage Tank Removal – Mr. Marsh stated that the County had three underground storage tanks that required removal and possible remediation at the demolished Law Enforcement Center site. The County was also aware of a tank site at the old school bus garage property that was not closed per State standards ten to fifteen years ago. Mr. Marsh recommended entering into a contract, in the amount of $15,400, with Roy Consulting to provide engineering services for the coordination of removal, any required remediation and DENR reporting.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve entering into a contract with Roy Consulting in the amount of $15,400 as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
B. Proposed Change Order for Removal of Tanks – Mr. Marsh stated that, since the removal of tanks was a service, a bidding process was not required. D. H. Griffin Company was on site as the contractor for the demolition and removal of the old Law Enforcement Center building. The County has used them on numerous occasions with excellent service and competitive pricing. To facilitate the removal of the tanks under the supervision of Roy Consulting, Mr. Marsh recommended a change order to the existing demolition contract in an amount not to exceed an additional $25,000.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize staff to negotiate with D. H. Griffin to an amount not to exceed $25,000 for tank removal facilitation under the supervision of Roy Consulting.
VOTE: Aye-5
Nay-0
C. Progress Report – Anne Marie Drive Park – &
D. Proposal for Storm Water System Installation – Anne-Marie Drive Park – Mr. Marsh updated the Board on progress to date on the Anne-Marie Drive project. He reviewed the budget for this year’s work on Anne-Marie Drive which totaled $256,699. Mr. Marsh also requested accepting a proposal from Iron Mountain Construction Company, Inc., in the amount of $31,730.00 to install the storm water collection system as required in the plan. The amount was included in the budget. Mr. Marsh stated that Iron Mountain Construction Company, Inc., could begin work on July 18th so that work could continue for scheduled completion of the first phase of the project in early fall 2007. Mr. Marsh recommended the approval of the budget, including the Iron Mountain proposal, and requested authority to expend the budget line items as presented with the exception of site amenities over $15,000 that were to be presented to the Board for approval prior to implementation.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the budget including the $31,730 Iron Mountain proposal and to grant authority for Mr. Marsh to expend the budget line items as presented with the exception of site amenities over $15,000.
VOTE: Aye-5
Nay-0
E. Skate Park Fencing Proposal – Mr. Marsh reviewed a proposal from Greene Construction, Inc., in the amount of $34,460, for the installation of an eight-foot high fence which was to enclose the Watauga County Skate Park. Mr. Marsh stated that the firm had been used for many projects in the County and had always furnished excellent, timely, and cost effective service. He also stated that the firm had an excellent history of coordinating subcontractors for completion as scheduled. Mr. Marsh stated that as time was of the essence, staff recommended approval of the proposal from Greene Construction for the construction of the fence which was to include a handicapped-accessible ramp at the Skate Park.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the proposal from Greene Construction, Inc. as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
PROPOSED AMENDMENTS TO THE ORDINANCE TO REGULATE HAZARDOUS RECREATION PARKS IN WATAUGA COUNTY
Assistant County Manager Geouque reviewed proposed amendments to the Ordinance to Regulate Hazardous Recreation Parks. The Assistant County Manager stated that the changes were incorporated as recommended at the previous meeting.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the amendments to the Ordinance to Regulate Hazardous Recreation Parks as presented by the Assistant County Manager.
VOTE: Aye-5
Nay-0
VEHICLE BID AWARD REQUESTS
Assistant County Manager Geouque presented the following proposals for two (2) 2008 regular cab 4x4 trucks and one (1) 2008 super cab 4x4 truck:
|
|
Regular Cab 4x4 Truck
|
Super Cab 4x4 Truck
|
|
Ashe County Motors
|
$17,876.30 each
|
$20,236.00
|
|
Boone Ford
|
$17,417.30 each
|
$19,652.30
|
Assistant County Manager Geouque recommended the low bids for two regular 4x4 trucks and one super cab 4x4 truck in the amounts of $17,417.30 and $19,652.30 from Boone Ford. The total amount of the bids was $54,486.90. The Assistant County Manager stated that budgeted funds were $55,000 and requested that the additional funds to cover expenses for taxes and titles come out of the FY 2008 Administrative Contingency Fund. Two of the vehicles were replacements and one vehicle was for a new position in the Planning & Inspections Department.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the low bids from Boone Ford and approve the additional funds to be allocated from the FY 2008 Administrative Contingency Fund as recommended by the Assistant County Manager.
VOTE: Aye-5
Nay-0
REPORT ON THE PROGRESS OF THE “TOT LOT” EQUIPMENT INSTALLATION
Assistant County Manager Geouque stated that the Complex “Tot Lot” equipment installation was near completion with an expected opening date of either Saturday or Monday. The Assistant County Manager stated that additional equipment was ordered and was to be installed which could lead to the “Tot Lot” being closed again for a short period of time.
By consensus, the Board agreed to hold a Grand Opening for the Complex “Tot Lot” on August 4, 2007, at 10:00 A.M.
Assistant County Manager Geouque stated that the Cove Creek “Tot Lot” equipment installation was scheduled for completion mid to late August.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposal for DENR Express Review for High School Project – County Manager Nelson stated that Ms. Jennifer Sisak, high school architect, informed him that the North Carolina Department of Environment and Natural Resources (DENR) had an express review process to review erosion control and site plans. The normal review period could take up to 60+ days and the express process guarantees a finished review within 30 days. Fees for the process included a DENR Express Review fee of $2,000 in addition to the standard review fees and Engineers’ time, including travel and two meetings with DENR regionally, was calculated at $3,000. A contingency of $7,000 was also included to cover a DENR allowance ($1,000) to extend the 5 day response requirement and possible overtime for the project professional staff to be tracked and billed against a not-to-exceed fee of up to $6,000. Given the time sensitive nature of the project, the County Manager requested approval to order the Express Review by DENR and execute a change order for the additional professional services.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to accept the proposal to include the Express Review by DENR at a cost of up to $12,000 and to approve the change order with SfL+a.
VOTE: Aye-5
Nay-0
A. 1. Report on Graveyard Relocation – County Manager Nelson stated that as of Friday, July 13, 2007, there had been nineteen graves relocated to Mount Lawn Cemetery from the new high school property. The County Manager stated that family members believe there may be more graves at the site and, therefore, the County Manager has requested that Mount Lawn reserve additional sites in case additional graves are encountered. Austin and Barnes Funeral Services has also agreed to move any additional graves, if found, for the same costs to the County.
This report was for information only and, therefore, no action was needed.
B. Caldwell Community College and Technical Institute Capital Improvement Funding Request – County Manger Nelson stated that Caldwell Community College had requested an expenditure from the County’s Capital Reserve account as designated for Community College use in the amount $466,582. This amount was to be used as the local match for the construction of a 14,000 square foot building to be used primarily for vocational education.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to allocate $466,582 from the County’s Capital Reserve account to Caldwell Community College as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Bid Award Request for Surplus House (Brookshire) – County Manager Nelson stated that, after conducting the upset bid advertisement as required, no upsets were received on the “Brookshire house.” The current high bid was $250 from Mr. Frank Bolick. The County Manager stated that he had spoken to Mr. Bolick and told him that the house needed to be removed by August 1, 2007.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to award the bid for the “Brookshire house” to Mr. Frank Bolick in the amount of $250 with the understanding that the house had to be removed by August 1, 2007.
VOTE: Aye-5
Nay-0
C. 1. Surplus Property Request – County Manager Nelson stated that interest had been expressed in the lumber from a barn on the high school site property. The County Manager recommended declaring the barn surplus and approving its sale through GovDeals.com with the barn to be removed from the property by September 1, 2007.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to declare the barn surplus and approve its sale through a 10-day auction on GovDeals.com listing it as building materials and stating that it had to be removed by September 1, 2007.
VOTE: Aye-5
Nay-0
D. Boards and Commissions – County Manager Nelson stated that the Boone Town Council had recommended the appointment of Gayle Turner to serve a three-year term as a regular member to the Boone Board of Adjustment. This was the first reading and therefore no action was required at this time.
County Manager Nelson stated that the Boone Town Council had recommended the reappointment of Shawna Rhyne to a four-year term on the Boone Area Planning Commission. This was a first reading and therefore no action was required at this time.
County Manager Nelson stated that the Beech Mountain Town Council had recommended the appointment of Craig Colistra as their representative to the Watauga County Recreation Committee. This was a first reading and therefore no action was required at this time.
County Manager Nelson stated that at the Annual North Carolina Association of County Commissioners (NCACC) Conference, counties 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 July 30, 2007. Chairman Deal appointed Commissioner Kinsey to this position.
County Manager Nelson stated that an appointment to the Economic Development Commission for an un-expired term ending June 2008 was needed. This item was tabled until a future meeting.
County Manager Nelson stated that an appointment to the Watauga County Board of Adjustment for an un-expired term ending November 2009 was needed. This item was tabled until a future meeting.
County Manager Nelson stated that each Commissioner needed to appoint a member from his/her district to the Plan Oversight Group. Commissioner Kinsey recommended appointment of Shelton Wilder from his district; Commissioner Cooper recommended appointment of Steve Loflin; and Commissioner Moretz recommended appointment of W. C. “Buck” Robbins.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the appointments of Shelton Wilder, Steve Loflin, and W. C. “Buck” Robbins to the Plan Oversight Group as recommended.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that there was one vacancy on the New River Service Authority Board. This item was tabled until a future meeting.
E. Announcements – County Manager Nelson announced that the North Carolina Association of County Commissioners Annual Meeting was scheduled for August 16-19, 2007, in Fayetteville.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Commissioner Moretz commended County employees Elaine Griffith and Melissa Harmon, as well as committee members who worked on encouraging citizens to place 911 address numbers on their residences to help emergency vehicles find their homes when/if needed.
CLOSED SESSION
At 7:46 P.M., Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters – G. S. 143-318.11(a)(3); Economic Development Matters – G. S. 143-318.11(a)(4); and Personnel Matters – G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 8:26 P.M.
VOTE: Aye-5
Nay-0
SEWER LINE EXTENSION FUNDING REQUEST
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to authorize the County to pay one-third (1/3) of the costs, less any grants received by the County or Town, to run water/sewer lines to the Elk Motel contingent upon the following: 1) the County receive ½ of the revenues generated by the line including new connections; 2) the Town agree to extend water and sewer to the affordable housing project at the Brookshire project and share equally with the County in the cost of these lines; and 3) Mr. Garrison agree to place a Deed of Trust on his property payable to the County to secure the County’s investment.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 8:29 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board