MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 15, 2008
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 15, 2008, at 6:00 P.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
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Deputy County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:02 P.M., welcoming those in attendance.
Commissioner Kinsey opened the meeting with prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the June 23, 2008, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the June 23, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the June 23, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the July 15, 2008, agenda.
Chairman Deal stated that there were two items to add to the agenda. The first was a Proposed Contract for Security Guard at the Skate Park and the second an EMS Grant.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the July 15, 2008, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION
Chairman Deal declared the public hearing open at 6:05 P.M. to allow for comment on AppalCART’s application for funding through the FY 2009 Rural Operating Assistance Program (ROAP). Mr. Chris Turner, AppalCART’s Director, discussed recommendations for the County’s $154,745 allocation for FY 2009.
There being no public comment, Chairman Deal declared the public hearing closed at 6:11 P.M.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the submission of the FY 2009 ROAP grant application as presented by Mr. Turner.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE SOLID WASTE OPERATIONS ORDINANCE
Chairman Deal declared the public hearing open at 6:12 P.M. to allow for comment on proposed changes to the Solid Waste Operations Ordinance.
Deputy County Manager Geouque stated that the changes were as indicated in Article 4, Section B, on page 4 of the ordinance and allowed non-County residents to use the County Sanitation facilities for a fee of $125 annually plus the subsequent tipping fee. The amendments had been prepared as directed during budget work sessions.
There being no public comment, Chairman Deal declared the public hearing closed at 6:14 P.M.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the Solid Waste Operations Ordinance as amended with an effective date of July 16, 2008, at 8:00 A.M.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
213991-399101 Fund Balance Appropriation-New $34,000
219800-498013 Transfer to the School Cap. Outlay $34,000
133980-398200 Transfer from Cap. Reserve Fund $34,000
135912-459006 PSCBF-Bethel-Local Match $34,000
The amendment recognized the transfer of funds from the Capital Reserve Fund set-a-side the match for PSCBF to complete the re-roofing project at Bethel Elementary School.
Account # Description Debit Credit
433831-349143 Interest Earned on Investments $746,000
433839-389000 Sales Tax Refund $1,024,000
435911-451000 Cap. Outlay-FF&E $870,000
435911-499100 Project Contingency $900,000
The amendment recognized potential project interest and sales tax refunds to fund the County’s change order contingency for the project and additional furniture and fixture costs.
Account # Description Debit Credit
103835-349600 No Till Drill Rental $1,200
104960-429000 Other Supplies $600
104960-451000 Capital Outlay-Equip. $1,800
The amendment recognized revenue for the rental of the No Till Drill and the acquisition of a metal building for storage.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property – Ms. Isaacs presented a list of property and requested that it be surplused and subsequently sold through GovDeals.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to surplus the property as presented by Ms. Isaacs for sale on GovDeals.com.
VOTE: Aye-5
Nay-0
C. Recommended Financing Package for Tweetsie Land Purchase – Ms. Isaacs stated that request for proposals for the installment purchase financing for the acquisition of undivided interest in two large tracts of land adjacent to Tweetsie Railroad, Inc., were sent to six financial institutions with one response received.
|
Financial Institution
|
Amount
|
Term
|
Rate
|
Total Debt Service
|
One-Time Cost
|
|
Wachovia
Wachovia (w/ prepayment
option)
|
$2,600,000
$2,600,000
|
10 years
10 years
|
5.773%
5.942%
|
$3,363,832
$3,386,193
|
$5,000
$5,000
|
|
Suntrust
|
No Response
|
|
|
|
|
|
BB&T
|
No Response
|
|
|
|
|
|
Bank of America
|
No Response
|
|
|
|
|
|
1st Citizens
|
No Response
|
|
|
|
|
|
RBC
|
No Response
|
|
|
|
|
Ms. Isaacs recommended the proposal submitted by Wachovia which included the prepayment option for the $2.6 million loan for a 10-year term with an interest rate of 5.942% and a total debt service of $3,386,193 and a one-time fee from Wachovia in the amount of $5,000.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to award financing for the land purchase included in the Tweetsie incentive package to Wachovia with the prepayment option in the amount of $2.6 million for a 10-year term with an interest rate of 5.942%; a total debt service of $3,386,193; and a one-time fee from Wachovia in the amount of $5,000, contingent upon Local Government Commission approval.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT FOR SECURITY GUARD AT THE SKATE PARK
Mr. Stephen Poulos, Parks and Recreation Director, presented a draft agreement for security services from Protection Security Service, owned by James McCormick, to be provided during operational hours for the Watauga County Skate Park. The service was to cost approximately $40,000 annually.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve entering into a contract with Protection Security Service in the amount of approximately $40,000 per year, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT FOR CUSTODIAL SERVICES AT LIBRARY
Mr. Robert Marsh requested that a full-time Maintenance position be “RIFed” (reduced in force) due to the savings of using a maintenance service contract for custodial services for the Watauga County Library building. The position in question was currently vacant and therefore there was no actual job loss. The recommended contract was with Carolina Cleaning Service for $390.00 per week. Mr. Marsh stated that it was anticipated that the County was to save approximately $14,000 by removing the position from the County’s pay plan and contracting with Carolina Cleaning Services.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve to reduce in force (RIF) the position by removing it from the County’s pay plan and to contract for cleaning services at the Library building with Carolina Cleaning Services in the amount of $390 per week.
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 2008.
B. Releases and Refunds – Mr. Warren presented the following Refunds and Releases reports for June 2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Releases Report for June 2008, as presented.
VOTE: Aye-5
Nay-0
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Refunds Report for June 2008, as presented.
VOTE: Aye-5
Nay-0
FIRE MARSHAL/EMERGENCY MANAGEMENT MATTERS
A. Proposed Memorandum of Agreement between NCEM/Watauga County and Appalachian State University – Mr. Steve Sudderth, Fire Marshal/Emergency Management Director, stated that Watauga County had been awarded a pass-through grant from the North Carolina Emergency Management Department which was to allow Appalachian State University to conduct an “active shooter” exercise. Mr. Sudderth presented a Memorandum of Agreement between the North Carolina Emergency Management Department, Watauga County and Appalachian State University which was to allow funding for the planned exercise.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the execution of the Memorandum of Agreement between the North Carolina Emergency Management Department, Watauga County and Appalachian State University as presented by Mr. Sudderth.
VOTE: Aye-5
Nay-0
B. Communications Committee Report and Funding Request – Mr. Sudderth stated that based on the Board’s direction at the pre-budget retreat, a Communications Committee was formulated and had been studying communication needs for the Watauga County emergency services network. Mr. Sudderth stated that an overall study to completely update the system was currently underway by a private vendor and, in the meantime, the Committee recommended the following changes:
Fire Channel 1 Repeater for Buckeye Mtn. $13,789.10
Control Stations for Sheriff’s Communications Center $21,198.14
Sheriff’s Channel 1 Repeater $13,683.12
Sheriff’s Channel 5 Repeater $14,185.58
The changes were to continue to be used when the entire system was upgraded. The total amount to fund the upgrades was $62,855.94. Mr. Sudderth stated that staff recommended approval with the funding to be allocated from the County’s Capital Reserve Account which has been designated for communications.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the changes as recommended by the Communications Committee with funds in the amount of $62,855.94 to be allocated from the Capital Reserve Account designated for communications.
VOTE: Aye-5
Nay-0
C. Requested Approval of Grant Application – Mr. Sudderth stated that Watauga County had been awarded a grant in the amount of $28,641.52 for operations of the Emergency Management Department for FY 2009. The grant required a 50% local match which was included in the Department’s FY 09 operating budget.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to accept the State grant in the amount of $28,641.52 and approve the local match.
VOTE: Aye-5
Nay-0
D. NCOEMS Grant Request – Mr. Sudderth stated that the Wake Forest University Baptist Medical Center, on behalf of the Triad Regional Advisory Committee, applied for and received a grant in the amount of $867,900 for the 2007-2008 grant cycle from the North Carolina Office of Emergency Medical Services. The funds were to be used to enhance regional preparedness as outlined by the US Department of Health and Human Services – Office of the Assistant Secretary of Preparedness Response (ASPR). Approximately $8,000 has been sub-granted to Watauga County SMAT III for disaster preparedness. Mr. Sudderth stated that no local match was required.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve and accept the grant as presented by Mr. Sudderth.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Proposed Amendments to the Parking Lot Ordinance – Mr. Joe Furman presented proposed amendments to the Watauga County Parking Lot Ordinance as well as the fee schedule. Mr. Furman stated that a public hearing was not required; however, public hearings have historically been scheduled before ordinance adoption.
Commissioner Cooper, seconded by Commissioner Moretz, moved to set a public hearing for the August 25, 2008, meeting at 6:00 P.M. to allow public comment on the proposed amendments to the Parking Lot Ordinance.
VOTE: Aye-5
Nay-0
B. Brookshire Project Matters
a. Engineering Estimate – Mr. Furman stated that he had obtained estimates from McGill and Associates for additional work that may be required at the Brookshire Project due to the recent proposed agreement between the County, the Soccer Association, and Appalachian State University. Mr. Furman stated that the estimates specifically addressed water/sewer service, parking, and stream crossing access to the green areas around the perimeter of the property. Mr. Furman stated that the stream crossings were needed by the County to provide ongoing maintenance and it was anticipated that the crossings would be incorporated into a future greenway/trail system. Mr. Furman requested direction from the Board in determining the funding for the additional required engineering.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to enter into the contract with McGill as submitted, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
b. Change Order Discussion – Mr. Furman discussed a change order with Insite Development for additional work at the Brookshire Project. The work was for additional retaining walls, concrete curb, and guttering work for parking lot number two which was to provide additional parking for the soccer complex. The change order also included additional costs of the stone that was needed between the fields for parking. Mr. Furman stated that there was enough money remaining from Changes Order # 2 to fund additional change orders.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to grant permission for Mr. Furman to approve the work for the proposed change order and to bring back the change order for final approval when an exact amount was available.
VOTE: Aye-5
Nay-0
PROPOSED AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT COMMISSION AND THE APPALACHIAN STATE UNIVERSITY ENERGY DEPARTMENT
Mr. Joe Furman, Economic Development Director, presented an agreement between the Watauga County Economic Development Commission and the Appalachian State University Energy Center that was to partially fund the salary of a staff person to operate the Green Business Plan as discussed during the Board’s pre-budget retreat.
Mr. Furman stated that Mr. David Ponder currently held the position which is requested to be partially funded by the County and the Economic Development Commission had requested that wording be added to the agreement that stated that Mr. Ponder was to stay in the position or another person who was “mutually agreeable” to both ASU and the EDC.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the agreement between the Watauga County Economic Development Commission and Appalachian State University as amended, with the wording EDC requested regarding the position and contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. SfL+a Contract Amendment Request – County Manager Nelson stated that SfL+a had presented a contract amendment to request additional funds for work done outside the original scope of the project in reference to the Greene Property that was originally planned to be used for tennis courts. The County Manager stated that a meeting was scheduled between the High School subcommittee and SfL+a on Thursday, July 17, 2008, and recommended the Board table action on the contract amendment request until the first August meeting.
By consensus, the Board agreed to table further discussion of the requested contract amendment until the August 4, 2008, Board meeting.
B. Barnhill/Vannoy Change Order Requests – County Manager Nelson presented change orders one, two and three by Barnhill/Vannoy Construction, the Construction Managers for the High School Project. The change orders had been previously discussed. Change order one was a deductive change order in the amount of $232,200 for reduced costs that were value engineered on the detention system piping. Change order two, in the amount of $28,391, was for the additional work required for the water line and sewer piping to the High School which was addressed in revised plans as submitted to the Construction Contractor after the project was bid. Change order three was a deductive change order in the amount of $5,304 that was due to an anticipated asbestos-containing waterline being asbestos free once the removal was accomplished.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve change orders one, two, and three with Barnhill/Vannoy as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Discussion of Change Order Process – Mr. Mike Kesterson, with Barnhill/Vannoy, requested that, in order to expedite the new high school project and stay on schedule, the Commissioners authorize an “owners representative” to approve change orders in the field and authorize work to begin with the official change order being presented for action at a future Board Meeting. Mr. Kesterson stated that the process would greatly aid in maintaining the schedule.
County Manager Nelson stated that this process had been used on an informal basis by staff on building projects for the past several years and stated that the Board might wish to formalize the process and set a ceiling amount for preliminary staff approval of change orders in the field.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint the County Manager, or his designee (the Deputy County Manager and/or the Maintenance Director), to act as the “owner’s representative” and give him, or his designee, the authority to approve change orders for the new High School Project in an amount not to exceed the contingency allowed for the project, prior to formal approval by the Board.
VOTE: Aye-5
Nay-0
[Clerk’s Note: Mr. Kesterson gave the Board a brief update on the new High School Project, stating that construction continued to be approximately two weeks ahead of schedule.]
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Amendments to the Watauga Medics Contract – County Manager Nelson presented proposed amendments to the contract with Watauga Medics, for ambulance service, to reflect previously approved changes in the rates and subsidy for their weekend, nine-hour crew.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the amendments to the Watauga Medics contract for ambulance services as presented and to direct the County Attorney to incorporate the changes into the current contract with changes effective and retroactive to July 1, 2008.
VOTE: Aye-5
Nay-0
B. NCACC Voting Delegate – County Manager Nelson stated that the North Carolina Association of County Commissioners’ annual conference was scheduled for August 21-24, 2008, in New Bern. The annual business session that was to be conducted on Saturday, August 23, 2008, required that each county in attendance select a voting member.
By consensus, further discussion was tabled until the August 4, 2008, meeting.
C. Boards and Commissions – County Manager Nelson stated that the High Country Work Force Development Board requested that Chairman Deal appoint a public sector representative for community-based organizations. The Chamber of Commerce had recommended John Brubaker of High Country Bank to be appointed to the Workforce Development Board.
Chairman Deal appointed John Brubaker to the High Country Work Force Development Board as a public sector representative for community-based organizations.
County Manager Nelson stated that Commissioner Moretz’s term on the Watauga County Board of Social Services expired June 30, 2008, creating the need for reappointment.
Chairman Deal reappointed Commissioner Moretz to the Watauga County Board of Social Services.
County Manager Nelson stated that the Watauga County Library Board had recommended Cynthia Ball for appointment and Joseph Bathanti and Jean Czermak for reappointment. The Library Board also recommended an additional member be added and recommended Tish Rokoske for that seat.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to waive the second reading; create a new member seat; appoint Cynthia Ball and Tish Rokoske; and reappoint Joseph Bathanti and Jean Czermak to the Watauga County Library Board.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Appalachian Regional Library Board had recommended Hugh Hagaman for appointment and Jean Czermak for reappointment.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to waive the second reading; appoint Hugh Hagaman; and reappoint Jean Czermak to the Appalachian Regional Library Board.
VOTE: Aye-5
Nay-0
D. Announcements – County Manager Nelson announced that the Appalachian Regional Development Institute (ARDI) was to hold its 8th Annual Leadership Summit, “Accelerating Our Economy: Tapping Creative Assets,” on Monday, August 11, 2008.
County Manager Nelson announced that the North Carolina Association of County Commissioners’ Annual Meeting was scheduled for August 21-24, 2008, in New Bern.
County Manager Nelson announced that Dr. Ken Boham, President of CCC&TI, was to host the North Carolina Community College Board in Boone on July 16-18 and he invited the Board of Commissioners to a dinner at the Dan’l Boone Inn on July 17 at 6:00 P.M. to which he also invited Representative Tarleton, Senator Goss and representatives from the Town. Dr. Boham anticipated discussion to advocate funding for a new building on their Watauga Campus.
County Manager Nelson announced the upcoming Board of Commissioners’ meeting schedule: the Board will meet on Monday, August 4, 2008, at 9:00 A.M.; Monday, August 25, 2008, at 6:00 P.M.; and Tuesday, September 16, 2008, at 6:00 P.M. The Board has cancelled their September 1, 2008, meeting due to the Labor Day Holiday.
County Manager Nelson announced that there would be a link on the County’s website to the North Carolina Landslide Hazard Maps once they were available from the State online in the GIS version.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:35 P.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, 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 7:58 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 7:58 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board