MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 22, 2008
The Watauga County Board of Commissioners held a regular meeting on Wednesday, October 22, 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
Anthony di Santi, 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 6:00 P.M., welcoming those in attendance.
Commissioner Kinsey opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the October 6, 2008, regular meeting and closed session minutes.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the October 6, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the October 6, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the October 22, 2008, agenda.
County Manager Nelson requested to add the following items to the agenda: Item 7c. Change Order Request for Brookshire Park; 7d. Discussion of an Extension for the Moratorium on Electronic Billboards; and 8b. Discussion of a Homeland Security Grant. The County Manager also requested to delete Economic Development Matters and add Personnel Matters, per G. S. 143-318.11(a)(6), under closed session.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the October 22, 2008, agenda as amended.
VOTE: Aye-5
Nay-0
PROPOSED WORK FIRST PLAN
Mr. Jim Atkinson, DSS Director, presented the County’s Work First Plan for 2009-2011 and requested adoption of the Plan prior to submittal to the State Office of Social Services.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the County’s Work First Plan for 2009-2011 as presented by Mr. Atkinson.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION REGARDING THE TAXATION OF HEAVY EQUIPMENT
Tax Administrator Kelvin Byrd stated that the General Assembly passed a bill that exempted heavy equipment which was used for rentals from the business personal property tax. The bill was to result in decreased revenue to Watauga County. To replace this revenue, the State allowed counties to adopt a resolution to apply a tax on gross receipts from heavy equipment rentals. A resolution needed to be enacted two months prior to the effective date which could be as early as January 1, 2009. The tax was to show on the sales receipt similar to the sales tax, be collected by the rental companies, and be remitted quarterly to Watauga County.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
123492-336000 NCNDR & Comm. Development $68,129
124920-448000 SSH - Grant Admn. $7,000
124920-449900 SSH - Housing Rehab $61,129
The amendment recognized the re-appropriation of the balance of the Scattered Site Housing Grant Funds.
Account # Description Debit Credit
103835-341700 Elections Revenues $19,597
104170-469500 Precinct Officials $6,248
104170-412600 Salaries - Part Time $6,633
104170-434100 Printing $4,292
104170-437000 Advertising $499
104170-432500 Postage $354
104170-426000 Office Supplies $102
104170-431200 Travel - Mileage $72
104170-412000 Rent - Building $80
104170-435200 M & R - Equip. $1,317
The amendment recognized the expense for the Town of Boone mixed drink election and the reimbursement of the cost from the Town.
Account # Description Debit Credit
103300-341700 HAVA Grant $86,515
104170-452000 Capital Outlay - IT $47,401
104170-412600 Salaries - Part Time $21,205
104170-429000 Other Supplies $17,909
The amendment recognized a HAVA grant award to assist with costs of additional one-stop voting sites.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property Request – Ms. Isaacs presented a list of property and requested it be surplused and subsequently sold through GovDeals or recycled.
Commissioner Moretz, seconded by Commissioner Cooper, moved to surplus the property as presented and to authorize the property either for recycling or for sale on GovDeals.com.
VOTE: Aye-5
Nay-0
C. Proposed Identity Theft Prevention Policy and Resolution – Ms. Isaacs stated that the Federal Trade Commission (FTC) had enacted rules which required counties that extend credit to consumers to adopt, by resolution, a Red Flag Identity Theft Prevention Program. In that the County does extend credit at the Transfer Station for solid waste customers, Ms. Isaacs presented a resolution and policy for consideration.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the resolution and policy as presented.
VOTE: Aye-5
Nay-0
EDC AND PLANNING AND INSPECTIONS MATTERS
A. Economic Development Commission Additional Member Request – Mr. Furman stated that the Economic Development Commission voted on October 14, 2008, to recommend to the Board of Commissioners to add a 14th member seat to be filled by a member of the Boone Town Council with said member to be appointed by the Board of Commissioners at their earliest convenience. Mr. Furman stated that this would make a 5th seat filled by virtue of position (the others being the Boone and Blowing Rock Chamber of Commerce Directors, the ARDI Director, and a County Commissioner).
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to add an additional member to the Economic Development Commission with that additional member to be a member of the Boone Town Council as appointed by the Board of Commissioners.
VOTE: Aye-5
Nay-0
B. Brookshire Road Soccer Field Parking Expansion Discussion – Mr. Furman stated that staff recommended that the upper grass field, also known as “waste area # 2,” at the Brookshire Road Soccer Field be converted into a parking lot of up to 100 additional parking spaces at a cost of up to $125,000.00. A gravel walking trail was also needed to connect the parking area to the fields. Mr. Furman stated that the current plan included developing approximately 90 spaces between the 2 fields and behind the stadium field, of which 20-25 of those spaces would be lost when the field house was built. When all recommended work was completed, there would be approximately 300 parking spaces on site. Consideration for additional parking options could be made as part of overall site issues using grant funds, such as PARTF, when awarded.
Chairman Deal stated that he spoke to representatives of ASU and the High Country Soccer Association and ASU would consider covering the costs of materials for the project.
After discussion, Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the construction of the parking area in “waste area #2” and “waste area #1” with ASU paying the cost of materials in the amount of approximately $60,000.
VOTE: Aye-5
Nay-0
Mr. Furman added that parking in “waste area #1” would be the last to be done due to its continual use during construction of various areas of the park and was subject to the approval of the North Carolina Department of Environment and Natural Resources.
C. Change Order Request for Brookshire Park – Mr. Furman stated that slope failure occurred on the west side of Brookshire Road at the Brookshire Road Park and that the repair was to cost up to $40,000.00. The failure was caused by an unforeseen underground spring. The repair was to consist of a small amount of excavation and placement of new geotextile fabric as well as a substantial amount of rock. This needed to be addressed by a change order to the contract with InSite Development and Design. Mr. Furman requested authority to order the work and to bring a formal change order for up to $40,000.00 to the Board for approval at a future meeting. There were sufficient unspent funds set aside for the project to cover the expense.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize the slope failure repairs at Brookshire Road Park in an amount up to $40,000 with an official change order to be presented at a future meeting for final approval.
VOTE: Aye-5
Nay-0
D. Discussion of an Extension for the Moratorium on Changeable Electronic Variable Message Signs – Mr. Furman stated that the Planning Board had been waiting for a study from the State of North Carolina prior to making a recommendation regarding changeable electronic variable message signs; therefore, the Planning Board requested that the moratorium be extended for additional 120 days to expire in April 2009.
Commissioner Cooper, seconded by Commissioner Moretz, moved to set a public hearing for the second regular meeting in November to amend the Ordinance to extend the moratorium on changeable electronic variable message signs.
VOTE: Aye-5
Nay-0
FIRE MARSHAL/EMERGENCY MANAGEMENT MATTERS
A. Requested ASU/County Emergency Fueling Agreement – Mr. Steve Sudderth, Fire Marshal/Emergency Management Director, stated that Watauga County and the local Volunteer Fire Departments currently purchase fuel for their vehicles from public fuel stations. During a recent situation when public fuel supplies were limited, the need for a reserve fuel supply to keep Watauga County emergency response vehicles in operation became apparent. Mr. Sudderth stated that he had been in negotiations with Appalachian State University and requested that Watauga County agree to purchase fuel from the University during such emergency situations pursuant to the following:
1) Appalachian State University and Watauga County activate the reserve fuel agreement by written approval from the Watauga County Manager or the Manager’s designee.
2) Watauga County agrees to pay the University rate for fuel for emergency vehicles.
3) Appalachian State agrees to bill Watauga County at: Ms. Doris Isaacs, Finance Director, Watauga County, 814 West King Street, Suite 216, Boone, NC 28607.
4) Watauga County records the following information on the bill: A) date and time of purchase; B) signature of person making purchase; C) vehicle unit number and organization; and D) amount of fuel purchased.
5) Watauga County Emergency personnel must contact ASU Police at 262-2150 to request refueling.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve an agreement with ASU for the fueling of emergency vehicles during times when supplies are not available elsewhere with the agreement to be drafted by the County Attorney.
VOTE: Aye-5
Nay-0
B. Discussion of a Homeland Security Grant – Mr. Sudderth stated that Watauga County was the recipient of a $1,500,000 grant to be used to build two emergency communications towers. The North Carolina State Highway Patrol was to sublease the sites from Watauga County and erect and maintain emergency communications towers, buildings, generators, and other related equipment. Watauga County was to be responsible for moving current equipment into the new buildings and maintaining the lease with the property owners. Watauga County was to be able to install current emergency communication equipment on the towers and Mr. Sudderth recommended that Watauga County partner with the North Carolina State Highway Patrol (NCSHP) on the Voice Interoperability Plan for Emergency Responders (VIPER) project. If approved, the following steps would need to be carried out: 1) Watauga County needed to sign a letter to Department of Homeland Security (DHS) for NCSHP to manage the project; 2) NCSHP needed to obtain maximum tower height approval from the FAA and FCC; 3) Watauga County needed to sign a PO287 Form; 4) A kick-off meeting was needed; 5) NCSHP was to provide a final lease agreement for Watauga County’s review; and 6) the Board of Commissioners needed to give final approval.
Sheriff Hagaman was present and recommended approval.
County Manager Nelson stated that once the towers were installed, only the new radios would be able to use 800 mhz and, therefore, the County would need to consider replacing old radios with the new ones over the next few years.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to authorize the signature on the letter as requested to allow the NCSHP to administer the grant and to authorize staff to proceed with the steps necessary for the grant receipt of $1,500,000.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. New High School Metal Locker Bid Award Request – County Manager Nelson stated that the Board of Education submitted a request for the acceptance of the low bid for metal lockers for the new high school from PHP in the amount of $329,050. The following bids were received:
|
Vendor
|
Price
|
Alternate
|
Unit
|
|
McDonald Enterprises
|
$418,996.00
|
$6,000.00
|
$50.00
|
|
PHP
|
$321,000.00
|
$8,050.00
|
$55.88
|
|
Lockers By Design
|
$436,000.00
|
$6,278.40
|
$35.00
|
|
Lyon Workspace
|
$438,094.21
|
$21,904.71
|
$20.00
|
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to award the bid for metal lockers for the new High School to the low bidder, PHP, in the amount of $329,050 with funds to be allocated from the furniture and fixtures budget for the new High School.
VOTE: Aye-5
Nay-0
B. Boards and Commissions – County Manager Nelson stated that, due to a recent resignation, Valle Crusis School has nominated Mr. Patrick O’Neal to serve as their representative on the Recreation Commission.
County Manager Nelson stated that the Town of Beech Mountain recommended their new Recreation Director, Mr. Eric Jelinski, to fill their vacant seat on the Recreation Commission.
County Manager Nelson stated that Parkway School recommended that Mr. Gene Swift be reappointed to the Recreation Commission as their representative.
County Manager Nelson stated that the Town of Seven Devils recommended that Mr. Mark Garrett be appointed to the Recreation Commission as their representative.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive the second reading and appoint Mr. Patrick O’Neal, Mr. Eric Jelinski, and Mr. Mark Garrett; and reappoint Mr. Gene Swift to the Watauga County Recreation Commission.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that there was a resignation on the Watauga County Nursing Home Community Advisory Committee and a recommendation for a replacement had not yet been received from the High Country Council of Government’s Ombudsman.
County Manager Nelson stated that the Boone Town Council nominated two persons (Mr. Thomas Brown and Mr. Don Dotson) as nominees to serve as the ETJ member on the Boone Area Planning Commission.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to appoint Mr. Don Dotson as the ETJ member of the Boone Area Planning Commission.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Boone Town Council nominated Mr. Lee Ball, Jr. to serve as the ETJ alternate member on the Boone Board of Adjustment.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint Mr. Lee Ball, Jr., as the ETJ alternate on the Boone Board of Adjustment.
VOTE: Aye-5
Nay-0
C. Announcements – County Manager Nelson announced that the Board had been invited to an initial meeting and luncheon to discuss the Childhood Obesity and Prevention Project that was recently funded in Watauga County on Wednesday, October 29, 2008, from 11:00 A.M. to 2:00 P.M.
County Manager Nelson announced that the North Carolina Association of County Commissioners Legislative Goals Conference was scheduled for January 15 & 16, 2009, in Raleigh.
County Manager Nelson announced that the Annual Farm City Awards Banquet was scheduled for November 6, 2008, at 6:00 P.M. at the Boone United Methodist Church.
County Manager Nelson announced that due to concerns with the economy the Manager, Finance Director, and Tax Administrator were monitoring the sales and property taxes as well as County expenses and were ready to prepare a financial contingency plan if needed.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Commissioner Kinsey introduced Mr. Randy Gardner, Interim Yadkin County Manager.
CLOSED SESSION
At 7:06 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 Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to resume the regular meeting at 8:30 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve Change Order 7R for the new High School project in the amount of $222,653.41.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 8:31 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board