MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 5, 2008
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, May 5, 2008, at 9:00 A.M. in the Commissioners’ 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 J. Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 9:00 A.M., welcoming those in attendance.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the April 14, 2008, regular meeting and closed session minutes.
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the April 14, 2008, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the April 14, 2008, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the May 5, 2008, agenda.
 
            Chairman Deal stated three items for addition to the agenda: JCPC Funding Allocation Request; DOT Easement Request; and a Proposed Police Week Proclamation.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the May 5, 2008, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
REPORT ON FOSTER CARE PROGRAM
 
            Mr. Jim Atkinson presented a report on changes in the State Foster Care Program, specifically as to how the program was reimbursed by the State. It was possible that the changes, if fully implemented, could cost Watauga County approximately $140,000 in additional foster care payments for FY 2009. The NCACC was aware of the potential costs to Watauga and a handful of other counties and they were advocating on the County’s behalf. 
 
By consensus, the Board directed the County Manager to send the information to Representative Tarleton and Senator Goss to make them aware of the issue.
 
REPORT ON VETERANS SERVICES
 
            Ms. Donna Lyons, Veterans Services Officer, gave a report on Veterans Services which included an overview of services rendered, funding, geographical distribution of VA expenditures, and the goal of the Veterans Services Office for FY 2009.
 
            The report was given for information only and, therefore, no action was required.
 
PROJECT ON AGING MATTERS
 
            A.        Proposed FY 2008 Home & Community Care Block Grant Budget Revision – Ms. Angie Boitnotte, Director of the Project on Aging, requested a budget amendment to transfer State Funds from Transportation Services to In-Home Aide Services in the amount of $3,072. The amendment was necessary to ensure that all State and Federal money was expended. 
 
            Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the budget amendment as presented by Ms. Boitnotte.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Allocation of FY 2009 Home & Community Care Block Grant – Ms. Boitnotte presented the Home & Community Care Block Grant (H&CCBG) recommended allocation for services for FY 2009. A local match of $26,561 for $242,687 in H&CCBG funds was incorporated into the Agency’s FY 2009 budget.
 
 
            Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the local match of $26,561 for the H&CCBG funding allocation as presented.
 
VOTE:   Aye-5
              Nay-0
 
JCPC FUNDING ALLOCATION REQUEST
 
Ms. Kara Simmons, Chairperson for the Juvenile Crime Prevention Council (JCPC), presented their FY 2009 funding allocation which included a 30% local match from the County in the amount of $34,945. Ms. Simmons stated that the amounts were taken from last year’s budgeted amount as the State had not yet informed JCPC as to their allocation for FY 2009.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the local match of $34,945 as presented by Ms. Simmons.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED COMMUNITY PRIDE WEEK PROCLAMATION
 
            Ms. Lisa Doty presented a proclamation denoting the week of May 26-31, 2008, as Community Pride Week in Watauga County. The clean-up and removal of litter and other debris from roadways and waterways on public and private lands was to be stressed during Community Pride Week. Ms. Doty announced Hazardous Household Waste Day and recycling events that were to take place as well.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt the proclamation as presented by Ms. Doty.
           
VOTE:   Aye-5
              Nay-0
 
MAINTENANCE DEPARTMENT MATTERS
 
            A.        Proposed Architectural Services for Re-Roofing of Old Cove Creek Gym – Mr. Robert Marsh presented a proposal for architectural services from Larry Greene for the Cove Creek Gym re-roofing project. The amount of the contract was based on a per hour fee with the contract total not to exceed $12,950. Mr. Marsh stated that staff was of the opinion that the building would be better served, and in the long-run it would be more economical, to place a metal roof on the Cove Creek Gym. Funds for the installation were included in the recommended FY 2009 budget with the working budget projected at $156,450 including architectural fees and a $14,000 contingency.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to award Mr. Greene the contract appointing him as architect for this project and exempt the County from the quality based selection process due to the price and time of the project.
 
VOTE:   Aye-5
              Nay-0
 
            B.         New Animal Care and Control Facility Report and Humane Society Proposal – Mr. Marsh presented a plan for construction of a new Animal Care and Control facility as directed by the Board at the Pre-Budget Retreat. Mr. Marsh gave a time line and estimated a working budget for the project of between $640,000 and $900,000, depending on whether renovation or new construction was utilized. 
 
County Manager Nelson presented a proposal from the Humane Society to contract with the County for animal care services. The County Manager stated that, if the proposal was accepted and a long-term contract was executed, it would negate the need for the County to build a new facility. The County Manager stated that the Board might wish to discuss with the County Attorney the process of a long-term contract and other relevant provisions prior to taking action on the proposal.
 
By consensus, the Board agreed to discuss the issue further in upcoming budget work sessions.
 
            C.        Bid Award Request for Anne-Marie Drive Park Equipment – Mr. Marsh presented the following recommendations for the purchase of bleachers, players’ benches, and scoreboards for the two new fields at the Anne-Marie Drive Park:
 
Description
Qty.
Peggs Recreation
Medillion
MASA
NEVCO
Bleachers 21’ Heavy Duty
4
$15,094.00
$19,450.00
$17,679.80
 
Players Bench 15’ w/Back
8
$3,520.50
$4,200.00
$4,287.60
 
Scoreboards 10’ x 5’Wireless
2
$11,737.00
$9,950.00
 
$9,033.20
 
Mr. Marsh recommended accepting the low bid in each of the categories as follows: Peggs Recreation for Bleachers 21’ Heavy Duty in the amount of $15,094.00 and Players’ Benches 15’ w/back in the amount of $3,520.50; and NEVCO for Scoreboards 10’ x 5’ Wireless in the amount of $9,033.20.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to award the bids to the low bidder in each category as recommended by Mr. Marsh.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of April 2008.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for April 2008 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for April 2008, as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        Proposal for Repairs to Complete the Brookshire Park Restoration Project – Mr. Joe Furman presented a proposal from Blue Ridge Grading and Trucking in the amount of $5,500 to prepare the paved walkway around the Brookshire Park fields as well as repair the damage to the grassed area and playing field which occurred during the construction of the stream restoration measures that were recently completed. Mr. Furman stated that unexpended funds in the project in the amount of $16,786 had been set aside to make the repairs in order to complete the project.
 
            Mr. Furman stated that McGill was also asking for additional engineering fees which staff believed were justified and had requested to install an informational kiosk at an amount of approximately $5,000 for both the fees and installation.   Mr. Furman stated that if this request was approved there would still be a balance of unexpended grant funds for the project.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the additional engineering fees and kiosk installation for McGill and Associates and approve the bid from Blue Ridge Grading and Trucking in the amount of $5,500 to prepare the paved walkway around the Brookshire Park fields, contingent upon funds being allocated from the unexpended grant fund balance.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Report on Brookshire Soccer Fields Project/Request for Change in Scope – Mr. Joe Furman reported on Phase II of the Brookshire Park which consisted of the soccer field construction. After the status report, Mr. Furman requested to change the scope of the project to prepare an area between the two fields for future building development should the County or Soccer Association ever want to add field houses or locker rooms, etc. This required removal of some poor soils and compacting of good soils. Mr. Furman stated that due to an approximate savings of $300,000 from Change Order # 2 on the project, no additional funds were required for the change in scope. The change in scope was to cost approximately $150,000 with engineering design services fees to increase by approximately $21,000 which was well below the savings of $300,000.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to authorize the change in scope to include preparing the area between the fields for future building development and authorize additional engineering design services fees in an amount up to $30,000, contingent upon all costs being allocated from the approximate $300,000 savings from Change Order #2.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Request for CDBG Public Hearing – Mr. Furman requested a public hearing be scheduled for May 20, 2008, to allow public comment on the renovation of the Appalachian Enterprise Center which utilized Community Development Block Grant funds. Mr. Furman stated that the public hearing was required prior to closing out the grant.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to schedule a public hearing for the close out of the Community Development Block Grant for renovation to the Appalachian Enterprise Center.
 
VOTE:   Aye-5
              Nay-0
 
ECONOMIC DEVELOPMENT MATTERS
 
Mr. Joe Furman presented an economic development incentive package for Tweetsie Railroad, Inc., and requested that the required public hearing be scheduled for the May 20, 2008, Board meeting. Mr. Furman stated that the proposed partnership package was to be available on the County’s website and be shared with media for public review prior to the public hearing.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to schedule a public hearing for May 20, 2008, to allow public comment on the proposed partnership with Tweetsie.
 
VOTE:   Aye-5
              Nay-0
 
            By consensus, the Board directed Mr. Furman to notify the media, towns, TDAs, and Chambers of Commerce.
 
NEW HIGH SCHOOL MATTERS
 
             The County Manager reviewed the award of requested sub-contracts from Barnhill/Vannoy to the low bidders for the provision of various components of the High School Project. The low bidders were recommended in each case and all of the contracts were covered in the $59,900,000 GMP contract that was recently executed between the County and Barnhill/Vannoy. The sub-contracts were recommended as follows: HVAC – ABL and Associates, LLC, in the amount of $4,427,000.00; Roofing – Hamlin Roofing in the amount of $3,097,393.00; Acoustical Ceiling Scope – Precision Walls in the amount of $460,265; Metal Stud, Drywall, Insulation Scope – Precision Walls in the amount of $2,158,254; Fire Protection Scope – Century Fire Protection in the amount of $793,729.00; Asphalt Paving Stone Base, and Curb and Gutter Scope – Maymead, Inc., in the amount of $2,579,000; Waterproofing and Firestopping Scope – High Rock Waterproofing in the amount of $125,682.00; Electrical Scope (two contracts) – Chesapeake Geosystems, Inc., in the amount of $1,648,605.00 and BECO, Inc., in the amount of $5,275,000.00; Plumbing and Rainwater Collection Scope – ABL and Associates, LLC, in the amount of $2,477,700.00; and Masonry Scope – Gates Construction in the amount of $4,606,500.00.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to award the bids to the sub-contractors on the High School Project as presented by the County Manager and recommended by Barnhill/Vannoy.
 
VOTE:   Aye-5
              Nay-0
 
B.         Change Order Request for Entrance Road Redesign – County Manager Nelson reviewed a change order request to reorient a retaining wall near the entrance to the new high school. The relocation was to allow the road grade to decrease from 13º to less than 10º, making the access less steep for vehicles and providing easier access (especially during the winter season) for school buses. The change order was for engineering fees and, in speaking with Mr. Kesterson from Barnhill/Vannoy, the adjustments could be made in the field with no impact on construction costs.  The County Manager stated that he had discussed with Mr. Kesterson the engineer’s concern regarding future access to the future recreation center pad and Mr. Kesterson was of the opinion that the requested change in design would not prevent necessary access when the recreation center was constructed.
 
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the change order request for redesigning the entranceway and amend the Shuller Ferris Lundstrom and Associates (SfL+a) contract to allow for additional redesign fees in the amount of $2,750. 
 
VOTE:   Aye-5
              Nay-0
 
            C.        DOT Right-of-Way Acquisition Request – County Manager Nelson stated that the Department of Transportation had allocated $2,000,000 for the roadways to the new high school; however, they did not have the funds to acquire the right-of-ways needed for the project. Chairman Deal stated that this was an issue which had been discussed with DOT and that the County was aware that this request would be made for an amount of approximately $300,000.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to enter into an agreement with the Department of Transportation for the County to acquire the right-of-ways needed for the project at an approximate cost of $300,000.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 Discussion on Scheduling of Public Hearing for Proposed Budget – The County Manager recommended scheduling a public hearing to allow citizen comment on the Manager’s recommended budget at the May 20, 2008, meeting.
 
Commissioner Cooper, seconded by Commissioner Moretz, moved to set a public hearing for May 20, 2008, at 6:00 P.M. to allow citizen comment on the Manager’s recommended budget.
 
VOTE:   Aye-5
              Nay-0
 
B.         Discussion on Rescheduling of Second Budget Work Session – County Manager Nelson stated that, due to a scheduling conflict, the second Budget Work Session currently scheduled for May 12, 2008, at 4:00 P.M. needed to be rescheduled to allow all Commissioners to attend.
 
By consensus, the Board agreed to reschedule the second budget work session for Tuesday, May 27, 2008 at 4:00 P.M.
 
            C.        Hospitality House Request for Cross Parking at Hannah Building – County Manager Nelson stated that Ms. Lynne Mason, Director of the Hospitality House, had requested that the County authorize the use of parking spaces at the Hannah Building which were currently under lease to the Hunger Coalition in order to meet the required parking space allocation as required by the Town of Boone UDO. In that the property and grounds were currently leased to the Hunger Coalition, the County Manager advised that an opinion from the County Attorney might be appropriate before taking action on this matter.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to acknowledge that the Board agreed with the parking request, contingent upon the approval of the Hunger Coalition, and directed the County Attorney to work with the Hunger Coalition should approval be granted.
 
VOTE:   Aye-5
              Nay-0
 
D.        Boards and Commissions – County Manager Nelson stated that at the joint meeting between Boone, Blowing Rock, ASU, Seven Devils, and Watauga County on April 28, 2008, it was recommended that five sub-committees be established to further discuss the water issues which needed to be addressed in the future. The five committees were established as follows with the recommendation that one Board member and one staff person from each entity represented at the Intergovernmental Retreat be appointed to serve on each of these committees:
 
 
1.      To determine combined capacity and understand the demands now and in the future
2.      To investigate water efficiency systems and conservation
3.      To begin talks with other counties for regional solutions
4.      To unify groups to go before legislature to speak as one voice (Communications Group)
5.      To establish criteria as defined by all parties (land use planning and regulations)
 
            By consensus, the Board agreed to the following appointments: Rocky Nelson and Jim Deal to the committee to determine combined capacity and understand the demands now and in the future; Brent Graybeal and Winston Kinsey to the committee to investigate water efficiency systems and conservation; Rocky Nelson, Deron Geouque, and William Winkler, III, to the committee to begin talks with other counties for regional solutions; Deron Geouque and Mary Moretz to the committee to unify groups to go before legislature to speak as one voice (Communications Group); and Joe Furman and John Cooper to the committee to establish criteria as defined by all parties (land use planning and regulations).
 
            County Manager Nelson stated that the Economic Development Commission recommended the appointment of Shannon Wooten to fill the un-expired term of Joseph Miller who recently resigned.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to waive the second reading and appoint Shannon Wooten to fill an un-expired term on the Economic Development Commission with the term to expire in June 2010.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson stated that the terms of Bill Leonard, Fowler Cooper, Mary Hall, and Jason Triplett were to expire in June 2008 on the Economic Development Commission. All were eligible and available for reappointment.
 
As this was the first reading, no action was required at this time.
 
E.         Announcements – County Manager Nelson announced that the North Carolina Association of County Commissioners Annual Meeting was scheduled for August 20-24, 2008, in New Bern, North Carolina.
 
            County Manager Nelson announced that the North Carolina Association of County Commissioners General Assembly Day was scheduled for June 10, 2008.
 
County Manager Nelson announced that the North Carolina Rural Center grant, on behalf of the Town of Blowing Rock for the construction of an emergency water interconnect between the Towns of Boone and Blowing Rock, had been approved in the amount of $500,000.
 
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:45 A.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Economic Development Matters, per G. S. 143-318.11(a)(4); and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 12:50 P.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 12:50 P.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board