MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 2, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, February 2, 2009, 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
                                                Tim Futrelle, Commissioner
                                                Winston Kinsey, 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 9:06 A.M., welcoming those in attendance.
 
            Commissioner Cooper opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the January 20, 2009, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the January 20, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the January 20, 2009, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the February 2, 2009, agenda.
 
            Chairman Deal stated that Land Acquisition, per G. S. 143-318.11(a)(5)(i) was needed under closed session.
 
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the February 2, 2009, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
NEW HIGH SCHOOL PROJECT CONSTRUCTION MANAGER CONTINGENCY REQUEST #’S 16, 22, 23, 24, 25, 26, 27, 28, 29, 30, & 31
 
            Mr. Mike Kesterson, Barnhill/Vannoy Project Manager for the Watauga County High School, presented Construction Management Contingency Requests #’s 16 and 22-31. The requests were a result of ongoing negotiations and finalizations of various sub-contracts for the High School project. Some were deductive and some were credits with a net decrease of $2,954.88 to the Contingency fund as follows:
 
CM Contingency Request
#
Expenditure (-)
Credit (+)
Science Case Work
16
$     (35,139.00)
 
GMP # 3 Value Engineering
22
$     (20,060.00)
 
Aluminum Canopies
23
 
$     43,877.00
Auditorium Seating
24
 
$       7,075.00
Masonry Package
25
$     (13,031.00)
 
Overhead Door Scope
26
$       (3,936.27)
 
Continuation of CM Cont. Req. # 12
27
$       (7,200.00)
 
Additional Work on Classroom Wing Eaves
28
$       (6,599.76)
 
Cut Windows on 3rd Floor Class Rooms
29
$       (2,139.85)
 
Electrical Value Engineering
30
 
$       7,849.00
Misc. Metal Contractor Credit
31
 
$     26,350.00
 
Totals:
$     (88,105.88)
$     85,151.00
Net Decrease of CM Contingency:
$      (2,954.88)
 
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve Construction Manager Contingency Request #’s 16 & 22-31 as presented by Mr. Kesterson.
 
VOTE:   Aye-5
              Nay-0
 
            Mr. Kesterson gave a brief update on the progress of the construction and stated that the project was ahead of schedule at this time.
 
PROPOSED CONTRACT FOR ARCHITECTURAL SERVICES FOR THE HOWARD’S KNOB COMMUNICATIONS BUILDING
 
            Mr. Randy Jones stated that his services were contracted in 2007 for architectural work on the Communications Building at Howard’s Knob. He stated that re-draws were required due to there not being enough space dedicated to BREMCO in the original drawings because of miscommunications between the parties involved. After the subsequent redraws, his bill had reached an amount over the threshold which County staff could approve.  Mr. Jones stated that his current charges were $24,379.34 which included engineering and reimbursables. If the project was constructed, a potential additional $4,104 in architectural fees would be required for contract and construction administration. Mr. Robert Marsh, Watauga County Maintenance Director, stated that the latest set of drawings from Mr. Jones were good.
 
            By consensus, the Board agreed to defer action until after closed session to allow for Attorney/Client discussions regarding the matter.
 
REQUEST TO APPOINT THE HOME AND COMMUNITY CARE BLOCK GRANT (H&CCBG) ADVISORY COMMITTEE AND LEAD AGENCY
 
Ms. Angie Boitnotte, Director of Project on Aging, stated that each year Watauga County was required to appoint a Home and Community Care Block Grant (H&CCBG) Advisory Committee and a lead agency to determine how best to utilize the H&CCBG funds for the coming Fiscal Year. Ms. Boitnotte recommended the following for appointment to the committee: Commissioner Tim Futrelle, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Gail Hawkinson, Suzanne Long, David Loop, Margie Mansure, Sara Shoemaker, Barbara Adams, Pat Coley, Becky Council, Anna Meyers, Dick Oehser, Dr. Milton “Bunk” Spann, and Betty Wyse.
 
            Ms. Boitnotte also requested that the Project on Aging be appointed as the Lead Agency.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint the Project on Aging as the Lead Agency and appoint the following to the H&CCBG Advisory Committee: Commissioner Tim Futrelle, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, Gail Hawkinson, Suzanne Long, David Loop, Margie Mansure, Sara Shoemaker, Barbara Adams, Pat Coley, Becky Council, Anna Meyers, Dick Oehser, Dr. Milton “Bunk” Spann, and Betty Wyse.
 
VOTE:   Aye-5
              Nay-0
 
SANITATION GRANT REQUEST
 
Ms. Lisa Doty, Recycling Coordinator, presented a request to apply for a grant in the amount of $11,120 from the NC Department of Natural Resources to construct a bunker to assist in recycling glass at the Sanitation Department. This grant, if awarded, required a $2,780 County match that could be allocated from the Sanitation Department’s Retained Earnings Account.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to authorize the submission of the grant and approve the local match of $2,780 to be allocated from the Sanitation Department’s Retained Earnings Account.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED FIRE PROTECTION AGREEMENT FOR SIX-MILE INSURANCE DISTRICTS FOR BOONE AND BLOWING ROCK DEPARTMENTS
 
            Mr. Furman presented an agreement between the County and the Boone and Blowing Rock Fire Departments. The agreement was procedurally necessary to allow the new six-mile tax district to be implemented, thereby creating uniform insurance and fire tax districts as well as appropriate dispatch to the districts. Mr. Furman stated that the overall process for conversion to six-mile districts was ongoing and he was to have further information for presentation at a future meeting.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the agreement as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of January 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for January 2009 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for January 2009, as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        2009 Tax Listing Period Extension Request – Mr. Byrd requested that the tax listing period for 2009 be extended through February 28, 2009. The purpose of the extension was to allow ample time for citizens to complete the newly reconfigured registration forms. Mr. Byrd presented a draft resolution which authorized the extension.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the resolution authorizing the extension of the 2009 tax listing period as presented by Mr. Byrd.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Easement with Downtown Boone Development Authority – County Manager Nelson presented an easement, drawn by the County Attorney, that was to allow the Downtown Boone Development Association to construct a concrete pad and place a sculpture at the corner of the County Library property on Queen Street.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the easement as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Request for Contracted Social Worker Position – County Manager Nelson stated that Watauga Medical Center had requested that the Watauga County Department of Social Services contract with Vanguard Professional Staffing, Inc. to place a Medicaid Eligibility Specialist at the hospital. The employee was to be supervised by the Department of Social Services and held responsible per the Social Services Manual. The placement was to allow the hospital to maximize Medicaid reimbursement for eligible patients. The hospital in turn was to contract with the Department of Social Services to pay the total costs of the Vanguard contract. The County Manager stated that the Department of Social Services Director, Jim Atkinson, was in agreement with the hospital’s request. If approved, the County Attorney was to draft an agreement between the hospital and the Department of Social Services holding the County harmless and guaranteeing reimbursement for the contract cost.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Medical Center’s request for a Medicaid Eligibility Specialist to be placed by Vanguard Professional Staffing, Inc., and directed the County Attorney to prepare an agreement with the Medical Center to hold the County harmless and guarantee reimbursement for the contract cost.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Discussion of High Country Regional Trail Plan – County Manager Nelson stated that a High Country Regional Trail Plan was prepared by High Country Council of Governments (HCCOG) who requested an appearance to request approval of the Plan.
 
            After discussion, the Board agreed, by consensus, to forward the information to the Tourism Development Authority for a recommendation.
 
            D.        Federal Legislative Priorities and County Infrastructure Needs Discussion – County Manager Nelson presented a list of Federal Legislative Priorities as compiled by the North Carolina Association of County Commissioners (NCACC). The Association asked that any statewide legislative matters be forwarded for inclusion. The County Manager also reviewed information which he had compiled and submitted to the State regarding possible federal stimulus funding for Watauga County.
 
            This report was for information only and therefore, no action was required.
 
E.         Boards and Commissions – County Manager Nelson stated that Alex Jernigan, Regional Ombudsman at High Country Council of Governments, had stated that Mr. Fred Badders’ term on the Watauga County Nursing Home Community Advisory Committee expired January 24, 2009, and Mr. Badders was willing to continue to serve if reappointed.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to reappoint Mr. Fred Badders to the Watauga County Nursing Home Community Advisory Committee.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that a Commissioner appointment to the Board of Directors for the Boone Rural Fire Protection Service District was needed. The appointment was to coincide with Commissioner Futrelle’s term in office and the appointee must reside in the appointing Commissioner’s district and within the Boone Rural Fire Protection Service District.
 
            Action on this appointment was tabled until a future meeting.
 
F.         Announcements – County Manager Nelson announced that the Watauga County’s Annual Budget Retreat is scheduled for Thursday, February 19 and Friday, February 20, 2009, beginning at 4:00 P.M. on Thursday and approximately 12:00 P.M. on Friday.
 
County Manager Nelson announced that the National Association of Counties’ 2009 Annual Legislative Conference was scheduled for March 7-11, 2009, in Washington DC.
 
County Manager Nelson announced that the Planning Board was holding a public hearing at 6:00 P.M. on Monday, February 16, 2009, to consider recommending that the Board of Commissioners amend the sign ordinance regarding the placement of new changeable electronic variable message signs.
 
PUBLIC COMMENT
 
There was no public comment.
 
CLOSED SESSION
 
            At 10:33 A.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 Land Acquisition, per G. S. 143-318.11(a)(5)(i).
 
VOTE:   Aye-5
              Nay-0
 
                [Clerk’s Note: Vice-Chairman Winkler left the meeting at 11:58 A.M. due to a prior obligation.]
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to resume the open meeting at 12:15 P.M.
VOTE:   Aye-4(Deal, Cooper, Futrelle, Kinsey)
              Nay-0
              Absent-1(Winkler)
ADJOURN
 
            The Chairman adjourned the meeting at 12:15 P.M.
 
 
 
Jim Deal, Chairman
 
 
Anita J. Fogle, Clerk to the Board