MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 21, 2009
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 21, 2009, 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
Tim Futrelle, Commissioner
Winston Kinsey, 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 6:01 P.M., welcoming those in attendance.
Commissioner Cooper opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the April 6, 2009, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the April 6, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the April 6, 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 21, 2009, agenda.
Chairman Deal stated that the following two items needed to be added: a discussion of the draft Bill entitled Safe Artificial Slope Construction Act and a Change Order for the Brookshire Park Soccer fields.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the April 21, 2009, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED CHANGES IN THE BOUNDARIES OF THE FOLLOWING RURAL FIRE DISTRICTS: BEAVER DAM, SHAWNEEHAW, COVE CREEK, FOSCOE, BLOWING ROCK, STEWART SIMMONS, DEEP GAP, MEAT CAMP, ZIONVILLE, AND BOONE RURAL FIRE PROTECTION SERVICE DISTRICT
Chairman Deal declared the public hearing open at 6:04 P.M. to allow citizen comment on proposed changes to the fire service and tax districts. The purpose of the changes was to allow concurrence of the tax and service districts to the six-mile insurance-rated district that was previously approved. Two resolutions, one approving Watauga County six-mile fire protection insurance districts, and the second annexing territory to the Boone Rural Fire Protection Service District, were required.
There being no public comment, Chairman Deal declared the public hearing closed at 6:05 P.M.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the changes to the fire and tax districts as presented and adopt the resolutions Approving Watauga County Six (6) Mile Fire Protection Insurance Districts and Annexing Territory to the Boone Rural Fire Protection Service District, Watauga County Six (6) Mile Fire Protection Insurance Districts with an effective date of June 30, 2009.
VOTE: Aye-5
Nay-0
[Clerk’s Note: Verification was presented of a mailing to all of the affected property owners as well as a required report (dated March 20, 2009) on the proposed annexation to the service district for the Boone Rural Fire Protection Service District.]
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE ORDINANCE TO GOVERN SUBDIVISIONS AND MULTI UNIT STRUCTURES
Chairman Deal declared the public hearing open at 6:07 P.M. to allow citizen comment on proposed amendments to the Subdivision Ordinance.
Mr. Bennie “Mike” Wilson spoke regarding concerns with the amendments to the guardrail regulations.
Mr. Ric Mattar, Planning Board Chairman, explained the reason the guardrail regulations were listed as presented.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:19 P.M.
By consensus, the Board tabled further discussion and/or action to allow for further review of the proposed changes to the ordinance.
DISCUSSION OF DRAFT BILL 2009-RI-2 [v.4] (01/07) ENTITLED “SAFE ARTIFICIAL SLOPE CONSTRUCTION ACT”
Mr. Joe Furman presented the draft Bill 2009-RI-2 [v.4] (01/07) which was entitled “Safe Artificial Slope Construction Act.” Mr. Furman stated that, if the bill passed as currently drafted, the County would be required to adopt an ordinance and would be fined if it did not do so.
The proposed Bill also was stricter on those counties who had Hazard Maps prepared by the State, of which Watauga County was one.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution in opposition to Draft Bill 2009-RI-2 (v.4) (01/07) in its present form and to direct staff to forward a copy to Representative Tarleton and Senator Goss.
VOTE: Aye-5
Nay-0
PROPOSED CHANGE ORDER FOR BROOKSHIRE ROAD SOCCER FIELD PROJECT
Mr. Furman presented a change order for the Brookshire Road soccer fields. The additional work was needed to address damages caused by foot traffic and other premature use of the area that occurred last year before the final landscaping and grassing could be completed. A barrier was also needed to protect the area while the landscaping developed. The type of barrier needed was still being reviewed. Approximately $8,500 was requested for the landscaping and $6,000 for the barrier. Mr. Furman stated that there were sufficient funds in the budget to allocate for the change order.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the change order and authorize Mr. Furman to spend up to $14,500 on the landscaping and barrier with funds to be allocated from the project budget.
VOTE: Aye-5
Nay-0
2009 AUDIT CONTRACT PROPOSAL
Ms. Kathy Brown, with Bryce Holder, CPA, PA, presented their contract for audit services for FY ending June 30, 2009. The contract was the second year of a proposal that was presented to the Board in January of 2008. The amount of $50,350 (a 5% increase from last year) was the same as was previously proposed for this year.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve entering into the contract with Bryce Holder, CPA, PA, in an amount not to exceed $50,350 as presented by Ms. Brown.
VOTE: Aye-5
Nay-0
WATAUGA COUNTY FARMERS MARKET UPDATE
Mr. Joe Martin, President of the Watauga County Farmers Market, gave an update on the activities of the Farmers Market which planned to celebrate its 35th year in 2009. Mr. Martin stated that the Market had approximately 120 members selling crafts, produce, and processed foods. Mr. Martin also stated that the Market included four certified organic growers and several others who used the organic process but were not certified.
The report was presented for information only and, therefore, no action was required.
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
Account # Description Debit Credit
213991-399101 Fund Balance Approp. – New $30,645
219800-498010 Transfer to the General Fund $30,645
103980-398021 Transfer from Capital Reserve $30,645
104210-469101 Professional Service – Other $5,000
104210-431500 MUNIS Travel – Subsistence $900
104210-431600 MUNIS Travel – Mileage $900
104210-452100 Capital Outlay – Computer Software $4,125
104210-442201 PC Software/Licenses $837
104210-452002 Capital Outlay – DP Equip. $10,000
104210-452100 Capital Outlay – Computer Software $7,383
104210-442200 PC Software/Licenses $1,500
The amendment transferred funds from the Capital Reserve Fund funds to upgrade software and servers for current MUNIS users for the integration with the new Tax software package.
Account # Description Debit Credit
103341-343101 Concealed Weapon - Sheriff $9,525
104310-439901 Concealed Weapon – Carry – Exp. $9,525
The amendment recognized additional concealed weapon permit revenue and the portion which much be paid to the state.
Account # Description Debit Credit
143585-323000 Title XX FSA Daycare $30,000
145850-440900 Subsidized Daycare $30,000
The amendment recognized a reallocation of state funds to prevent possible termination of childcare services for children in Watauga County. The state has indicated that current economic conditions may result in the need for some counties to start or reinstate a waiting list for these services prior to the end of this fiscal year.
Account # Description Debit Credit
143585-323000 Title XX FSA Daycare $62,571
145390-440300 Subsidized Daycare $62,571
The amendment recognized the decrease in funding from the State for Non-Smart Start Daycare.
Account # Description Debit Credit
283101-312801 Taxes Ad Valorem-08-09 $16,500
284340-469901 Pay. To Fire Dist. - Foscoe $16,500
283101-312804 Taxes Ad Valorem-08-09 $6,300
284340-469904 Pay. To Fire Dist. – Beaver Dam $6,300
283101-312805 Taxes Ad Valorem-08-09 $3,000
284340-469905 Pay. To Fire Dist. – St. Simmons $3,000
283101-312806 Taxes Ad Valorem-08-09 $6,000
284340-469906 Pay. To Fire Dist. – Zionville $6,000
283101-312807 Taxes Ad Valorem-08-09 $12,000
284340-469907 Pay. To Fire Dist. – Cove Creek $12,000
283101-312808 Taxes Ad Valorem-08-09 $5,000
284340-469908 Pay. To Fire Dist. - Shawneehaw $5,000
283101-312809 Taxes Ad Valorem-08-09 $7,000
284340-469909 Pay. To Fire Dist. – Meat Camp $7,000
283101-312810 Taxes Ad Valorem-08-09 $9,700
284340-469910 Pay. To Fire Dist. – Deep Gap $9,700
283101-312811 Taxes Ad Valorem-08-09 $1,500
284340-469911 Pay. To Fire Dist. - Todd $1,500
283101-312812 Taxes Ad Valorem-08-09 $1,500
284340-469912 Pay. To Fire Dist. – Blowing Rock $1,500
283101-312819 Taxes Ad Valorem-08-09 $300
284340-469919 Pay. To Meat Camp/Creston $300
The amendment recognized additional fire tax district revenues and payments to volunteer fire departments.
Account # Description Debit Credit
133594-349902 Lottery Proceeds FY 08/09 $61,560
135912-459013 Valle Crucis School Paving $61,560
The amendment recognized lottery funds to resurface parking areas at Valle Crucis Elementary School which was approved by the Department of Public Instruction in December 2008.
Account # Description Debit Credit
219930-459122 Watauga Co. School – CIP $31,250
219800-498013 Transfer to School Cap. Outlay $31,250
133593-359006 PSCBF – Bethel School $93,750
133980-398021 Transfer from Cap. Reserve $31,250
135912-459006 PSCBF – Bethel Cafeteria $125,000
The amendment recognized funds from the Public School Capital Building Fund and the Capital Reserve Fund for the cafeteria renovations at Bethel School which were approved by the Department of Public Instruction on March 31, 2009.
Commissioner Cooper, seconded by Commissioner Futrelle, 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, recycled, or scrapped.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to surplus the property as presented and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
VOTE: Aye-5
Nay-0
C. Juvenile Crime Prevention Council (JCPC) Funding Request – Ms. Isaacs presented the Juvenile Crime Prevention Council funding plan for FY 2010. $120,300 was available and required $35,640 in local County match. The match was incorporated in the County’s regular budgetary allocation to the various agencies that were to receive the funds. The balance of the required local match was to be funded by the Youth Resource Center.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to adopt the FY 2010 JCPC Funding Plan as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION IN SUPPORT OF THE TOWN OF BOONE’S RAW WATER INTAKE
Deputy County Manager Geouque presented a resolution in support of the Town of Boone’s raw water intake in the Fleetwood area of Watauga County which included support for House Bill 972 as requested by the Town.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution as presented and directed the County Manager to send the resolution to Representative Tarleton and Senator Goss.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to support House Bill 972 and directed the County Manager to send a letter to Representative Tarleton and Senator Goss stating such support.
VOTE: Aye-5
Nay-0
DISCUSSION OF SALE OF CURRENT HIGH SCHOOL PROPERTY
Deputy County Manager Geouque presented a list of interested developers who have approached the County in the past expressing interest in the old high school property. Direction from the Board was requested in declaring the property as surplus and beginning the sale through the upset bid process.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to declare the County property know as the “old high school” or “current high school” property located on High School Drive, off of Hwy 105, Boone, North Carolina, as surplus.
VOTE: Aye-5
Nay-0
Further discussion on the sale of the property was tabled until the May 4, 2009, Board meeting to allow consultation with the County Attorney in closed session.
NEW HIGH SCHOOL MATTERS
A. Site Security Lighting Approval Request – County Manager Nelson presented a proposal from New River Light & Power Company to install the security lighting for the new high school. The project was to consist of approximately 90 poles and fixtures. New River’s policy was to install wooden poles at no cost to the owner; however, if metal poles were desired, the difference in cost was to be charged. New River submitted a proposal for $67,325 to install the metal poles and fixtures as approved by the School Board and the High School Sub-Committee.
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve entering into a contract with New River Light & Power Company in the amount of $67,325 for installation of metal poles and fixtures at the new high school with funds to be allocated from the County’s Contingency fund.
VOTE: Aye-5
Nay-0
B. Construction Management Contingency Request # 37 – County Manager Nelson presented Construction Management Contingency Request # 37 in the amount of $1,800. The request was for an additional concrete slab which was placed on the kitchen low roof area which was needed (as additional work to the original scope) due to the fact that the area was structural in nature.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency Request # 37 in the amount of $1,800 as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Change Order Request #’s 9R, 11R, 26 & 27 – The County Manager presented change order #’s 9R, 11R, 26 & 27. Change Order 9R was for $105,411.49 and substituted poured-in-place cast walls for segmental block walls. The change was necessary because the walls were either structural in nature or needed to be of a more solid construction based on their location.
Change Order 11R was for additional mass rock removal above all allowances that were included in the budget. The amount was $251,539.70 and was quantified by the surveyor and the County testing agent, SM&E, Inc. Mr. Mike Kesterson, with Barnhill/Vannoy, managed all funds available to the rock removal to lessen the impact to the County’s contingency.
County Manager Nelson stated that, at the last Board meeting, approval was given for the allowances for kitchen renovations and site lighting. In that the actual costs were less than the budgeted allowances, Change Order 26 was for a credit of $27,931 for the kitchen retrofit and Change Order 27 was a credit for $61,011 for the site lighting credit.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve Change Order #s’ 9R, 11R, 26 & 27 as presented by the County Manager.
VOTE: Aye-5
Nay-0
The County Manager also reviewed, to date, the County Change Order Contingency log as well as the Construction Manager Contingency log. The County Manager also stated that the project was approximately 2 months ahead of schedule and 56-57% completed.
This report was given for information only and, therefore, no action was required.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Requested Authorization for Renovations to the Hannah Building (Hunger Coalition) – County Manager Nelson stated that, per the Hannah Building lease with the Hunger Coalition, all major renovations of the building required Board of Commissioner approval. The Hunger Coalition has requested the demolition of two walls that have been certified by their engineer as being non load-bearing. Approval was recommended contingent on the Hunger Coalition obtaining engineering to deal with the required support of the HVAC systems that were above one of the to-be-demolished walls as well as an electrical plan for dealing with the relocation of systems within the walls. Also, any demolition and renovation permits that were required by the Town of Boone were to be the responsibility of the Hunger Coalition.
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to authorize the renovation contingent on the Hunger Coalition obtaining engineering to deal with the required support of the HVAC systems that were above one of the to-be-demolished walls; as well as an electrical plan for dealing with the relocation of systems within the walls and any demolition and renovation permits that were required by the Town of Boone.
VOTE: Aye-5
Nay-0
B. Discussion of Courthouse Portraits – County Manager Nelson stated that discussion was requested regarding the portraits that were placed in storage during the renovation of the Courthouse. Before renovation, the large courtroom contained several portraits of historical Watauga County citizens. Some were judges, some members of the legal community, and some had no identifying information. The portraits were placed in storage in that staff felt the newly installed wood paneling in the large courtroom would not be conducive to re-hanging the portraits.
After discussion, the Board agreed, by consensus, to direct the County Manager and Deputy County Manager to develop a policy regarding the display of portraits in County facilities to be presented at a future meeting.
C. Discussion of Proposed Resolution in Support of Appalachian Mountains Preservation Act – County Manager Nelson stated that, at a previous meeting, information was requested regarding the mountaintop coal removal issue from the perspective of Blue Ridge Electric Membership Corporation, on behalf of its members. The County Manger presented an article as written by Vince Stroud and as submitted by Lee Layton, Chief Operating Officer of Blue Ridge EMC.
By consensus, the Board agreed to table further discussion until the May 4, 2009, Board meeting to allow time for further review of the information available.
D. Boards and Commissions – 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. An appointment was recently made but not viable due to the location of residency of the appointee.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to appoint Mr. Joe Edmisten to serve as a member of the Boone Rural Fire Protection Service District.
VOTE: Aye-5
Nay-0
E. Announcements – County Manager Nelson announced that the future joint Retreats between the Towns, County, and University were scheduled for June 1st and September 28th from 5:00 P.M. to 7:00 P.M. at Broyhill Inn and Convention Center.
County Manager Nelson stated that Lisa Doty, Watauga County Recycling Coordinator, continued to do an excellent job in increasing recycling opportunities in the County. As of this time, recycling bins have been added to most County parks.
County Manager Nelson stated that a joint dinner meeting with the Caldwell Community College and Technical Institute Board of Trustees was scheduled for May 13, 2009, at 6:00 P.M. at the White Oak Road Campus.
County Manager Nelson stated that the North Carolina Association of County Commissioners Annual County Assembly Day was scheduled for April 29, 2009, in Raleigh.
County Manager Nelson stated that Budget Work Sessions were tentatively scheduled for Thursday, May 7, 2009, and Monday, May 11, 2009, both to begin at 4:00 P.M. and the Public Hearing for the Budget was tentatively scheduled for May 19, 2009, at 6:00 P.M.
Discussion was held regarding the dates and May 7th was not available on everyone’s calendar.
After discussion, Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to set the two budget work sessions for Monday, May 11, 2009, and Tuesday, May 12, 2009, with both to begin at 4:00 P.M. and set the public hearing to allow comment on the Recommended Budget for FY 2010 for Tuesday, May 19, 2009, at 6:00 P.M.
VOTE: Aye-5
Nay-0
PUBLIC COMMENT
Ms. Ashley Tessener read a statement on behalf of AIRE, Appalachian Institute for Renewable Energy, in support of House Bill 340.
CLOSED SESSION
At 7:26 P.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); 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
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to resume the open meeting at 8:24 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 8:24 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board