MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 2, 2008
The Watauga County Board of Commissioners held a regular meeting on Monday, June 2, 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 9:02 A.M., welcoming those in attendance.
Commissioner Moretz opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the May 20, 2008, regular meeting and closed session minutes.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the May 20, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the May 20, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the June 2, 2008, agenda.
Chairman Deal stated three items for addition to the agenda: Barnhill/Vannoy request to self-perform; Sanitation Department request for bailer repairs; and Report on soccer fields.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the June 2, 2008, agenda as amended.
VOTE: Aye-5
Nay-0
ADOPTION OF THE FISCAL YEAR 2009 BUDGET ORDINANCE
County Finance Officer Doris Isaacs reviewed the Fiscal Year 2009 Budget Ordinance and County Manager Nelson reviewed changes made since the Proposed Budget was presented.
Commissioner Kinsey pointed out that the Soil and Water amount was reduced due to receipt of additional grant funding.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the Fiscal Year 2009 Budget Ordinance as presented.
VOTE: Aye-5
Nay-0
WATAUGA MEDICS RATE INCREASE REQUEST
Watauga Medics owner, Mr. Craig Sullivan, presented a rate increase request as allowed by the County’s Ambulance Franchise Ordinance. When the contract was signed, diesel fuel was $1.69 per gallon and the cost at the time of Mr. Sullivan’s request letter was $4.45 per gallon. Mr. Sullivan presented his request to the Watauga EMS Advisory Board who has endorsed the requested rate increase based on the fuel cost escalation in a written letter to the Board. Mr. Sullivan requested a $25.00 increase for all transports as well a .50¢ per mile increase on the accompanying mileage charge.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the rate increase for Watauga Medics as presented by Mr. Sullivan to be effective July 1, 2008.
VOTE: Aye-5
Nay-0
COMMUNITY ASSISTANCE PROGRAM GRANT REQUEST
Mr. Denny Norris with Watauga Soil and Water Conservation District presented a grant application request for additional stream bank restoration at the Brookshire Park. This grant, if awarded, was to extend the restoration further south along the river adjacent to the previously restored area which was quite successful. It was to also upgrade the rain garden and install pet waste receptacles. The requested grant was in the amount of $13,000 which required a $3,250 County match.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the grant application and local match of $3,250 to be allocated from the Administrative Contingency fund.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Ms. Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
103300-343311 SMAT Grant $8,026
104330-449911 Misc.-SMAT Grant $8,026
The amendment recognized the award of grant funds from NCOEMS to acquire medications and protective clothing for chemical weapon responses.
Account # Description Debit Credit
103300-352100 Criminal Justice Partnership Prog. $484
105210-469820 CJPP-Reallocated Funds $484
The amendment recognized reallocated state grant funds for the Criminal Justice Partnership Program.
Account # Description Debit Credit
103300-341700 HAVA Grant $4,818
104170-412600 Salaries-Part-time $4,818
The amendment recognized grant funds awarded for part-time salary expense for one-stop voting.
Account # Description Debit Credit
103200-326600 ABC/5-Cent/Bottle $2,470
105210-469852 NRBHC-ABC 5-Cent $2,470
The amendment recognized additional ABC 5-Cent per Bottle revenue and the expenditure to NRBHC.
Account # Description Debit Credit
143991-399101 Fund Balance Approp.-New $3,700
143583-333000 State Share Restricted-JCPC $3,231
145890-469814 Rainbow Center-JCPC $3,231
145890-469815 Rainbow Center-Co. Match $969
145890-469815 Rainbow Center-Co. Match $510
145890-469820 JCPC-Pr. Yr. Funds $2,221
The amendment re-appropriated unspent funds from a special JCPC fund raiser held in FY 2006-07 of which a portion will be used as the local match for additional state JCPC funds.
Account # Description Debit Credit
433910-391002 Proceeds of Install Purchase $63,064,000
435911-458000 Capital Outlay-Bldg. & Improv. $59,900,000
435911-469199 Professional Services-Other $3,164,000
The amendment recognized the proceeds of the installment purchase financing for the new WHS less the payoff of the installment purchase contract for the land acquisition ($6,936,000).
Account # Description Debit Credit
123492-336000 NCNDR & Comm. Dev. $167,663
124920-448000 Grant Administration $30,000
124920-449900 Housing Rehabilitation $137,663
The amendment recognized remaining NCNDR & Community Development grant funds.
Account # Description Debit Credit
193492-336000 NCNDR-Urgent Needs $237,449
194920-448000 Grant Administration $33,201
194920-449900 Housing Rehabilitation $124,248
194920-449901 Other Services $80,000
The amendment recognized remaining NCNDR-Urgent Needs grant funds.
Account # Description Debit Credit
213991-399101 Fund Balance Approp.-New $15,000
219800-498010 Transfer to the General Fund $15,000
103980-398121 Transfer from Cap. Reserve Fund $15,000
104920-463002 Southern App. Hist. Assoc.-Lighting $15,000
The amendment recognized the transfer of funds from the Capital Reserve Fund set aside for EDC to the General Fund to grant a request from the Southern Appalachian Historical Association for lighting expenses. This transfer was approved at the May 20th Board meeting.
Account # Description Debit Credit
309100-472002 Debt Service-Interest-WHS $350,653
303980-398143 Transfer From Capital Reserve $350,653
439800-498030 Transfer to the Debt Services Fund $350,653
439800-498021 Transfer to Capital Reserve Fund $2,899,347
439800-498021 Transfer to Capital Reserve Fund $2,744,700
439800-498021 Transfer to Capital Reserve Fund $3,132,029
435911-458000 Capital Outlay-Bldg. & Imp. $6,635,805
435911-469199 Professional Services-Other $2,490,924
213980-398143 Transfer From Capital Reserve $8,776,076
219930-459121 Watauga County School Facilities $2,744,700
213991-399101 Fund Balance Approp.-New $3,132,029
219930-459121 Watauga County School Facilities $2,899,347
The amendment reversed the budget amendments which advanced funding for the new WHS project prior to the completion of the $70,000,000 financing.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
MAINTENANCE DEPARTMENT MATTERS
A. Bid Award Request for Appalachian Enterprise Center Exterior Brick – Mr. Robert Marsh presented the following bids for labor in bricking the exterior west wall of the Appalachian Enterprise building: Greene Construction in the amount of $14,300 and Johnson Construction in the amount of $11,900. The project budget also included $8,700 for materials, flashing, and contingency. Most of the funds were budgeted and the balance was to be addressed through an administrative budget amendment. Mr. Marsh stated that he had just spoken to Johnson Construction, the low bidder, and they would not be able to begin the project until mid to late fall. Mr. Marsh was hesitant to recommend the low bidder due to the delay in starting the project.
The Board agreed, by consensus, to table the matter until later in the meeting to allow Mr. Marsh to contact Greene Construction regarding their start date for the project.
B. Proposed Contract for Custodial Services – Sanitation and Recreation – Mr. Marsh requested to eliminate a part-time custodian position that was currently budgeted at $18,792 through a reduction in force (RIF). The position was currently vacant. Mr. Marsh proposed to replace the position with a custodial contract with Carolina Cleaning Service in the amount of $9,360 for an annual savings of $6,832.
Commissioner Kinsey, seconded by Commissioner Moretz, moved the approve the reduction of force for the position as requested and award the cleaning contract to Carolina Cleaning Services in the amount of $9,360.
VOTE: Aye-5
Nay-0
C. Requested Award of Sports Lighting Contract – Anne-Marie Drive Park – Mr. Marsh presented the following bids for the sports lighting at the new Anne-Marie Drive Park ball fields:
|
Contractor
|
Completion Time
|
Amount
|
|
Tommy Lawrence
Roxboro, NC
|
120 days
|
$215,676
|
|
Electrical Energy
North Wilkesboro, NC
|
|
Not Responsive
|
|
Anderson Brothers
Hickory, NC
|
45 days
|
$295,922
|
|
Haynes Electric
Asheville, NC
|
120 days
|
$396,115
|
|
Hickory Construction
Hickory, NC
|
38 days
|
$261,000
|
Mr. Larry Greene, Project Architect, presented, but did not recommend, the following items for value engineering which were discussed with the low bidder, Tommy Lawrence: change field foot-candles from high school regulation of 50/30 to 30/20 for savings in the amount of $9,200; delete receptacles at pole locations, but leave at home plate for scoreboard control for savings in the amount of $1,731; delete lighting contactors and controls for savings in the amount of $4,392; delete disconnects at pole locations, change circuits and wiring to poles to a maximum 50 amp circuit which code allowed with no supplement fusing to fixtures for savings in the amount of $2,150; and change service voltage from 120/240 S. P. to 277/480 3 phase, with a 120/240 volt S. P. sub-panel installed with transformer for rec. and scoreboard power for savings in the amount of $4,724.
Mr. Marsh stated that funds were budgeted in FYs 2008 and 2009 for this project.
After discussion, Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid to the low bidder, Tommy Lawrence, in the amount of $215,676, without value engineering as recommended by Mr. Larry Greene.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2008.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the Refunds and Releases Report for May 2008, as presented.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Road Name Public Hearing Request – Mr. Joe Furman stated that, periodically, the Planning and Inspections Department requested a public hearing as required by Statute to officially adopt new private and public road names. Mr. Furman presented a list of road names for consideration. Mr. Furman requested that the public hearing be scheduled at the second meeting in June.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to set a public hearing to consider new private and public road names for the second meeting in June 2008.
VOTE: Aye-5
Nay-0
B. SCORE Lease Renewal Reqeust – Mr. Joe Furman stated that the Appalachian Enterprise Center lease with the SCORE group, counselors to America’s small businesses, had expired and he requested the lease be renewed. Mr. Furman requested the lease be renewed for a three-year time period to reduce staff time in bringing the lease for action each year.
After discussion, Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to renew the lease for SCORE with the Appalachian Enterprise Center for one year.
VOTE: Aye-5
Nay-0
DRAFT RESOLUTION IN SUPPORT OF PROPOSED BEARPAW STATE NATURAL AREA
Commissioner Cooper presented a draft resolution in support of the establishment of the Bearpaw State Natural Area in Watauga County. Commissioner Cooper suggested adding the word “limited” to the fourth WHEREAS between the words provide and recreational.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the resolution in support of the establishment of the Bearpaw State Natural Area in Watauga County as amended.
VOTE: Aye-5
Nay-0
CONTINUATION OF BID AWARD REQUEST FOR APPALACHIAN ENTERPRISE CENTER EXTERIOR BRICK
Mr. Marsh stated that he had spoken to Greene Construction who had stated that they could start the brick project for the Appalachian Enterprise Center in approximately two weeks and finish the project in mid-July.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to award the bid for laying brick on the west exterior wall of the Appalachian Enterprise Center to Greene Construction in the amount of $14,300 due to the low bidder not being able to meet time constraints.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION OPPOSING TRANSFER OF SECONDARY ROAD PROGRAM FUNDING
Commissioner Moretz presented a proposed resolution opposing the transfer of secondary road program funding to primary road funding which was being considered by various committees of the North Carolina Department of Transportation. The resolution opposes using secondary road program funding for this purpose and asks that the General Assembly order the DOT not to shift any transportation costs formerly paid by the State to the counties. The resolution also asks that the General Assembly not appropriate local revenues for any purpose other than those that are currently in place.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to adopt the resolution opposing transfer of secondary road program funding as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of the June/July Meeting Schedule – County Manager Nelson stated that there were scheduling conflicts with the second meeting in June, which was currently scheduled for June 17th. The County Manager also stated that, historically, only one meeting was held in July due to all the work done on the budget; the July 4th holiday; and the fact that at the beginning of a new fiscal year there was typically less business which required action. The Manager recommended rescheduling the second meeting in June; cancelling the first meeting in July; and holding the second meeting in July as currently scheduled for the third Tuesday, July 15th.
After discussion and by consensus, the Board agreed to rescheduled the second meeting in June to Monday, June 23, 2008, at 6:00 P.M. and cancel the first July 2008 meeting with the second meeting in July to be held as scheduled on Tuesday, July 15, 2008, at 6:00 P.M.
[Clerk’s Note: The public hearing for consideration of new private and public road names that was scheduled for the second meeting in June will be held on Monday, June 23, 2008, at 6:00 P.M.]
B. Request to Set the Date of a Public Hearing for an Ordinance Enacting a Moratorium on Electronic Signs/Billboards – &
C. Request to Set the Date of a Public Hearing for the LGC Application for the Tweetsie Railroad Inc., Incentive Package Financing for Land Purchase – County Manager Nelson stated that two public hearings were required and recommended to be set at the second meeting in June. The first was for citizen comment on a proposed ordinance enacting a moratorium on the permitting of electronic signs and billboards. The second public hearing was required by the Local Government Commission (LGC) to allow comment regarding financing for the land purchase as a part of the Tweetsie Railroad, Inc., incentive package.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to schedule the two additional public hearings for June 23, 2008, at 6:00 P.M. as requested by the County Manager.
VOTE: Aye-5
Nay-0
D. Requested Award of Sub-Contracts for New High School Project – County Manager Nelson reviewed proposed sub-contracts for the Watauga High School Project as submitted by Barnhill/Vannoy. The recommended low bids were from All Star Bleachers, Inc., for Exterior Grandstand Scope in the amount of $653,246.00 and from Southeastern Fireproofing for Fireproofing Scope in the amount of $229,435.00. The County Manager stated that all sub-contracts were included in the $59.9 million GMP for the project.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the award of the bids as presented by the County Manager and recommended by Barnhill/Vannoy.
VOTE: Aye-5
Nay-0
E. Barnhill/Vannoy’s Request to Self-Perform – Mr. Mike Kesterson with Barnhill/Vannoy requested to self-perform Bid Packet 100 “General Trades Package.” Mr. Kesterson stated that the County was allowed to approve Barnhill/Vannoy to self-perform if the low bidder was non-responsive or non responsible or the owner could reserve the right to allow the construction management firm to self-perform.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to allow Barnhill/Vannoy to self-perform Bid Packet 100 “General Trades Package” based on the owner’s right to allow the construction manager to self-perform.
VOTE: Aye-5
Nay-0
F. Discussion of Johnson County Resolution Regarding Improvements to US Hwy 421 – County Manager Nelson reviewed a resolution regarding improvements to US Highway 421 which was adopted by the Johnson County (Tennessee) Board of Commissioners. County Manager Nelson stated that a law was enacted by the North Carolina Legislature determining that US Highway 321 was to be four-laned to the Tennessee line from the split of US Highways 421/321 in Vilas. The County Manager stated that upon meeting with the North Carolina Department of Transportation and the Tennessee Department of Transportation, it appeared neither DOT made this request to the Legislature.
County Manager Nelson stated that Johnson County was of the opinion that US Highway 421 would provide better access through multi-laning both for Watauga County and Johnson County in that the Tennessee DOT planned to connect Mountain City with the Interstate Highway System through a future, currently unfunded, project. Johnson County requested that Watauga County endorse the four-laning of Highway 421 as opposed to Highway 321.
After discussion and by consensus, the Board directed the County Manager to prepare a resolution for the June 23, 2008, Board meeting in support of four-laning Highway 421.
G. Proposed Proclamation Declaring June 16-21, 2008 as “Relay for Life Week” – County Manager Nelson presented a draft proclamation declaring the week of June 16-21, 2008, as “Relay for Life Week.”
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
H. Proposed BREMCO Tower Lease – County Manager Nelson presented a continuation agreement between BREMCO and Watauga County for the use of the Tower site on Howard’s Knob. This agreement was initially adopted in 1987 and extended in 1997. The current lease was a year-to-year lease that was drafted by the County Attorney.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the lease as presented.
VOTE: Aye-5
Nay-0
I. Boards and Commissions – County Manager Nelson stated that the Region D Development Corporation bylaws required each of their seven counties to appoint four persons to serve as members of the Development Corporation each year. The current Watauga County members were Brian Crutchfield, Fowler Cooper, Brian Riggins, and Jim Furman. Representative categories were local government, private lending institution, community organization and a business organization.
This was the first reading and, therefore, no action was required at this time.
J. Request for Approval of Bailer Hopper Repairs – County Manager Nelson presented quotes for necessary planned repairs to re-line the baler hopper at the Sanitation Department. Logemann Brothers quoted $31,811.44 for parts and the quote for labor from Catawba Bailer and Equipment was in the amount of $56,490 with supplies in the amount of $1,500 and $7,000 for the use of a crane, if needed. County Manager Nelson stated that sufficient funds were available in the Sanitation Department’s budget for this and the next fiscal years.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the expenditure of funds for the project with Logemann Brothers to supply the parts in the amount of $31,811.44 and Catawba Bailer and Equipment to provide the labor, supplies in the amount of $57,990 and the rental of the crane (if needed) in the amount of $7,000.
VOTE: Aye-5
Nay-0
K. Report on Soccer Fields – Chairman Deal gave an update on the Brookshire Road Soccer Fields and stated that Appalachian State University, the High Country Soccer Association, and the Watauga County Parks and Recreation Department have been working on an agreement which would allow ASU to use the soccer fields at Brookshire Road in exchange for ASU funding grandstands, a concession area, and locker rooms on site. Chairman Deal stated that a contract was to be submitted at a future meeting prior to finalization.
L. 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.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 10:18 A.M., Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Economic Development Matters, per G. S. 143-318.11(a)(4).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:25 A.M.
VOTE: Aye-5
Nay-0
OUT-OF-STATE TRAVEL REQUEST
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve an out-of-state travel request for Mr. Joe Furman to travel to Washington, DC, for Economic Development.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 11:26 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board