MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 6, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, April 6, 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 9:03 A.M., welcoming those in attendance.
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the February 19 & 20, 2009, special meeting minutes and the March 17, 2009, regular meeting and closed session minutes.
 
            Commissioner Kinsey, seconded by Commissioner Copper, moved to approve the February 19 & 20, 2009, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the March 17, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the March 17, 2009, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the April 6, 2009, agenda.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the April 6, 2009, agenda as presented.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE CONSIDERATION OF AN ORDINANCE AMENDMENT TO EXTEND AND AMEND THE MORATORIUM ON CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS UNTIL OCTOBER 23, 2009
 
            Chairman Deal declared the public hearing open at 9:05 A.M. to allow citizen comment on an ordinance amendment to extend and amend the moratorium on changeable electronic variable message signs.
 
            Mr. Jamie Machut with Lamar Advertising spoke in favor of the moratorium extension.
 
            There being no further public comment, Chairman Deal declared the public hearing closed at 9:12 A.M.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the amended Ordinance Extending and Amending a Moratorium on Changeable Electronic Variable Message Signs as presented.
 
VOTE:   Aye-5
              Nay-0
 
WATAUGA MEDICS MATTERS
 
            A.        Additional Crew Proposal – Mr. Craig Sullivan presented a proposal to add a 24-hour crew by converting an existing 9-hour crew to a full-time crew beginning January 1, 2010. The additional cost for this crew for the remaining six months of FY 2010 was $97,544.
 
By consensus, the Board agreed to consider Mr. Sullivan’s request during upcoming budget work sessions.
 
B.         Contract Renewal Request – Mr. Sullivan discussed requesting an extension to the contract to provide emergency services between Watauga Medics, Inc., and the County, which was to expire December 31, 2009. Watauga Medics had been the sole provider to Watauga County for the past nine years. Mr. Sullivan reviewed his history of service as well as the history of County subsidies and stated that the request was endorsed by the Watauga County EMS Advisory Board.
 
County Manager Nelson stated that, as the contract provided a service, a Request For Proposals (RFP) was not required and the County could negotiate with Watauga Medics, Inc. However, if the Board so chose, a RFP would be issued in the near future to allow time for the process to occur without a gap in service.
 
            By consensus, the Board agreed to direct staff to negotiate with Watauga Medics, Inc., for continued emergency medical services.
 
SHERIFF’S OFFICE MATTERS
 
A.        Vehicle Purchase Request – Sheriff Hagaman thanked the Board for the opportunity to present the following request. Captain Kelly Redmon requested authorization to accept the low bid from Bobby Jones Ford for a new Crown Victoria in the amount of $22,466. Captain Redmon stated that the vehicle was a replacement for one that was a total loss due to damage incurred. Funds were to come from the insurance settlement check in the amount of $12,317.80 and from the current Sheriff’s Office budget in the amount of $10,148.20.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to award the bid for the new Crown Victoria in the amount of $22,466 to Bobby Jones Ford with funds to come from the insurance settlement check in the amount of $12,317.80 and from the Sheriff’s Office budget in the amount of $10,148.20.
 
VOTE:   Aye-5
              Nay-0
 
B.         Governor’s Highway Safety Program Equipment Grant Request – Captain Redmon requested authorization for the submittal of three grants. The first one was for $22,550 from the Governor’s Highway Safety Program Equipment Grant. This grant required no local match and was to be used for DWI checkpoints and enforcement. A local government resolution form GHSP-06-A was required to be adopted if authorization was granted.
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to authorize submission of the grant application in the amount of $22,550 and adopt the resolution as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Federal COPS Hiring Recovery Program Grant Request &
D.        Enhancing Rural Detention and Jail Operations Grant Request – Captain Redmon stated that the second and third grants were for federal stimulus money as part of the Federal COPS Hiring Recovery Program and Enhancing Rural Detention and Jail Operations Program (JOP). The COP grant request was to hire six additional officers with four serving in patrol and two for courthouse security and crime prevention. These two programs were essentially for job creation. The JOP grant request was to hire two detention officers for improving the jail intake and security. The back-end costs for the deputy and detention officer positions were that the County would be required to maintain the positions on payroll for a minimum of one year at the conclusion of the grants.
 
Commissioner Futrelle, seconded by Commissioner Cooper, moved to authorize the submission of the grant applications as presented.
 
VOTE:   Aye-5
              Nay-0
 
COVE CREEK PRESERVATION AND DEVELOPMENT FUNDING REQUEST
 
Mr. Nick Freidman, representing Cove Creek Preservation and Development (CCP&D), requested funding for the Old Cove Creek School, currently under lease to CCP&D from the County. Mr. Freidman stated that CCP&D was prepared to make their final $25,000 payment to the County for a renovation loan which was forwarded from the EDC Capital Reserve Fund. Mr. Freidman detailed current expenses, as well as future needs, in renovating and maintaining the building. Mr. Freidman suggested that the Board consider the County forgiving the loan payment for a one-year period which would allow the requested repairs to be made with funds currently held by CCP&D and the loan would be repaid to the County in June 2010.
 
By consensus, the Board agreed to consider CCP&D’s request during upcoming budget work sessions.
 
PROPOSED RESOLUTION IN SUPPORT OF APPALACHIAN MOUNTAINS PRESERVA­TION ACT
 
Mr. Austin Hall, representing AppVoices, presented a resolution in support of the Appalachian Mountains Preservation Act. The resolution requested the North Carolina General Assembly take legislative action to prohibit electric utilities that operate coal fire generating units in North Carolina from purchasing or using coal that was extracted by mountain top removal.
 
            By consensus, the Board tabled further discussion until the April 21, 2009, meeting to allow time to further review information regarding the subject.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of March 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for March 2009 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for March 2009, as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Board of Equalization and Review – Mr. Byrd requested to establish the convening date for the Board of Equalization and Review (E&R) as April 28, 2009, from 4:00 to 7:00 P.M. and the closing date as May 5, 2009, also from 4:00 to 7:00 P.M. Mr. Byrd stated that other meetings of the Board of E&R may be scheduled in the future if needed to complete the process. Mr. Byrd also requested the 2009 rate be set for Board members. The previous year’s rate was $75.00 per meeting.
 
[Clerk’s Note: Vice-Chairman Winkler momentarily stepped out of the meeting from 10:05 A.M. until 10:08 A.M. The below vote was taken during his absence]
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to set the rate for E&R members at $75.00 per meeting and approve the convening date meeting for Board of E&R on April 28, 2009, from 4:00 to 7:00 P.M. and the closing date meeting for the Board of E&R on May 5, 2009, from 4:00 to 7:00 P.M.
 
VOTE:   Aye-4(Deal, Cooper, Futrelle, Kinsey)
              Nay-0
              Absent-1(Winkler)
MAINTENANCE MATTERS
 
A.        Bid Award Request for Old Cove Creek Gym Roof – Mr. Larry Greene, Architect for the Old Cove Creek Gym Re-Roofing Project, presented the following bids received for the metal roof:
 
Contractor
Base Bid
Alt.
# 1
Alt.
# 2
Alt.
# 3
Total
Completion Time
Deteriorated Wood
CityScape Roofing, Inc.
Claremont, NC
$127,178
$7,500
$5,500
$3,300
$143,478
90 days
$5.00/SF
Dixie Roofing, Inc.
Lafollette, TN
$119,424
$6,928
$7,433
$3,200
$136,985
50 days
$8.00/SF
GML, Inc.
Charlotte, NC
$99,800
$3,608
$10,300
$3,200
$116,908
80 days
$4.00/SF
Johnson Roofing
Marion, NC
$88,113
$2,793
$4,505
$2,913
$98,324
30 days
$6.90/SF
Lafave’s Construction Co.
Landis, NC
$81,000
$4,800
$5,016
$1,818
$92,634
60 days
$10.50/SF
McCall Brothers, Inc.
Charlotte, NC
$162,527
$5,557
$6,894
$2,688
$177,666
60 days
$10.50/SF
Owens Roofing & SM
Raleigh, NC
$100,585
$7,332
$6,942
$2,800
$117,659
 
$4.00/SF
Stroup Sheet Metal
Asheville, NC
$99,940
$5,110
$5,265
$3,355
$113,670
90 days
$13.67/SF
KDD Construction
Asheville, NC
$132,149
$5,500
$5,500
$429
$139,199
45 days
$12.00/SF
Eastern Corporation
Youngsville, NC
$143,000
$9,700
$9,700
$2,500
$164,500
120 days
$12.00/SF
AAR of NC
Kernersville, NC
$132,155
$9,900
$9,900
$2,500
$148,755
 
$6.00/SF
 
After verifying bids and references, Mr. Greene recommended the lower bidder, Lafave’s Construction, and recommended including all three alternates.  Approximately $154,000 was budgeted for the project.
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to award the bid to the low bidder, Lafave’s Construction Company, including all three alternates as recommended by Mr. Greene, for a total amount of $92,634.
 
VOTE:   Aye-5
              Nay-0
 
B.         Bid Award Request for Mowing Services – Mr. Robert Marsh, Maintenance Director, presented the following bids received for the County Maintenance Department’s mowing contract:
 
Contractor
Amount of Bid
Estate Maintenance
Blowing Rock, NC
$77,000.00
Premier Landscaping and Maintenance
Jefferson, NC
$100,075.00
R.R.B. Caretaker Property Services
Boone, NC
$158,290.00
South Valley Nursery & Landscaping Services
Newland, NC
$85,930.00
Twin Oakes Landscaping
Vilas, NC
$137,748.80
 
            Mr. Marsh recommended awarding the contract for three years with a two-year renewal option to the low bidder, Estate Maintenance of Blowing Rock, NC, owned by Darren Wallace. The proposed bid was substantially less than the current contract.
 
Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid for the County’s mowing contract to the low bidder, Estate Maintenance of Blowing Rock, NC, in the amount of $77,000 for three years with a two-year renewal option as recommended by the Maintenance Director.
 
VOTE:   Aye-5
              Nay-0
 
NEW HIGH SCHOOL MATTERS
 
A.        Surplus Property Request – Edmisten House – County Manager Nelson stated that, at the Pre-Budget Retreat, the Board discussed surplusing the Edmisten house at the high school site in spring of 2009. Staff recommended declaring the .454 acre lot and Edmisten house as surplus to be advertised for sale using the upset bid process. Once the original bid process begins, the apparent high bid would be presented to start the upset process. At the conclusion of the process, the Board may accept or reject the high bid at that time. The County Manager stated that, at the Pre-Budget Retreat, it was discussed that if an acceptable price was not generated through the upset bid process, a realtor might be hired to market the property for the County. Staff recommended declaring the house as surplus and authorizing the upset bid process to begin.
 
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to declare the Edmisten House and .454 acre tract, located on the new high school property, as surplus and authorized staff to begin the upset bid process when the landscaping was complete.
 
VOTE:   Aye-5
              Nay-0
 
B.         S&ME Construction Testing Budget Status Report – County Manager Nelson reviewed the contracts with S&ME for the grading phase as well as the construction phase of the new high school. The original budget estimates were $165,570 and $242,395 respectively. It appeared that an additional $15,000 was needed to finish the site preparation testing and $28,000 was needed for additional construction testing. The total testing for the project was now projected to be $450,965. The total amount incurred was well within the $600,000 for construction testing range that was of an acceptable limit for a project of this size.
 
This report was given for information only and, therefore, no action was required in that the fees were based on S&ME’s rate schedule for testing.
 
C.        Requested Allowance Approvals for Kitchen & Site Lighting – County Manager Nelson reviewed two request allowance approvals. The first was for $54,873 for preparation for site lighting which included additional security lighting for the football field and soccer areas. The original allowance was $115,684. The authorization requested at $54,873 was to result in a net credit of approximately $60,811.  The second allowance approval request was for the addition of a dishwasher and additional work in the cafeteria area as requested by the School Board. The original allowance was $219,964. The authorization requested at $190,770 was to result in a net credit to the County of approximately $29,194. The total of both credits was approximately $90,005.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the allowances as requested by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
D.                 Change Order Request #’s 22, 23, & 25 – County Manager Nelson reviewed change order request #’s 22, 23, & 25 for the new high school project. Number 22 was for $69,828 to install an additional eight solar tubes in the chemistry lab rooms. This change was discussed and recommended by the Core Committee. Also, Mr. Don Critcher, Project Manager from the School Board, identified $50,000 in savings for the installation of the hardwood gym floor. The resulting $50,000 credit was to be applied to change order # 22 for a net increase to the budget of approximately $19,828.
 
Change order # 23 was requested by the School Board to change the accent color in the gymnasium from the designed light blue to white. The change order amount requested was $1,193.
 
Change order proposal # 25 was for $40,408 to install 25 additional data drops for computer wiring that was inadvertently omitted during the design phase. The School Board understands that this was an additional request so they have agreed and requested that change order # 25 be funded through the FF&E allowance.
 
The School Board was also in the process of identifying additional scope items that were inadvertently omitted between the programming and design phase. The School Board anticipates that these costs will be in the $30,000 range and need to be addressed when identified.
 
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve change order #’s 22, 23, and 25 for the new high school project as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Requested Signatory Authority for Community Development Block Grant – County Manager Nelson stated that notification was received of a CDBG grant award in the amount of $600,000 which was to be used by the Hospitality House in the construction of their new facility. The process required signatory authority from a County staff member to expedite the process. The County Manager requested that himself, Joe Furman and Doris Isaacs be given signatory authority for grant administration purposes.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve Mr. Nelson, Mr. Furman, and Ms. Isaacs signatory authorization for the purposes of administering the CDBG grant for the Hospitality House construction in the amount of $600,000.
 
VOTE:   Aye-5
              Nay-0
 
B.         Proposed Resolution Honoring Glenn Hodges for His Service to the Citizens of Watauga County – County Manager Nelson presented a resolution honoring the service provided to the citizens of Watauga County by Glenn Hodges as Clerk of Court. 
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
C.        Discussion of Secondary Roads (Senate Bill 758) – County Manager Nelson stated that the proposed Senate Bill 758 was to transfer funding for secondary roads from the State to the counties. If the bill passed, it was to switch an approximate $9,000,000 plus capitalization cost to the counties from the State. The County Manager stated that the North Carolina Association of County Commissioners, as well as many counties, had expressed opposition to this bill
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to direct staff to draft a resolution in opposition to Senate Bill 758 and send it to Senator Goss and Representative Tarleton.
VOTE:   Aye-5
              Nay-0
 
D.        Discussion of Future Intergovernmental Retreat Dates – County Manager Nelson stated that Mr. Phil Trew, with High Country Council of Governments, recommended June 1 and September 28 for future Intergovernmental Retreat meeting dates. 
 
            By consensus, the Board agreed to June 1 and September 28 as meeting dates for future Intergovernmental Retreats with a starting time of 5:00 P.M.
 
VOTE:   Aye-5
              Nay-0
 
E.         Boards and Commissions – County Manager Nelson stated that the Blowing Rock Town Council recommended Mrs. Brenda Fairbetter to serve as the ETJ representative for both the Planning Board and Board of Adjustment.
 
            County Manager Nelson stated that the W.A.M.Y. Community Action Board recommended that Ms. Gabrielle Micale be appointed to serve as a Watauga County representative to their Board.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to appoint Ms. Brenda Fairbetter to serve as the ETJ representative for both the Blowing Rock Planning Board and Board of Adjustment and Ms. Gabrielle Micale as the Watauga County Representative to the W.A.M.Y. Community Action Board.
 
VOTE:   Aye-5
              Nay-0
 
F.         Announcements – County Manager Nelson announced that Cooperative Extension’s Report to the People was scheduled for April 20, 2009, at 11:45 A.M., at the Agricultural Center.
 
County Manager Nelson announced that the North Carolina Association of County Commissioners had scheduled County Assembly Day on April 29th to meet with members of the General Assembly.
 
County Manager Nelson announced that a joint meeting with the Caldwell Community College and Technical Institute Board of Trustees was scheduled for May 13, 2009, at 6:00 P.M.
 
PUBLIC COMMENT
 
Mr. Brian Mueller spoke regarding concerns with the Skate Park.
 
CLOSED SESSION
 
            At 10:48 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); Land Acquisition, per G. S. 143-318.11(a)(5)(i); and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to resume the open meeting at 12:46 P.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 12:46 P.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board