MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 1, 2009
The Watauga County Board of Commissioners held a regular meeting on Monday, June 1, 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 9:01 A.M., welcoming those in attendance.
Vice-Chairman Winkler opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the May 11, 2009, special meeting minutes, May 12, 2009, special meeting minutes, and the May 19, 2009, regular meeting and closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the May 11, 2009, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the May 12, 2009, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the May 19, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the May 19, 2009, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the June 1, 2009, agenda.
County Manager Nelson requested to add the following to the agenda:
Prior to Miscellaneous Administrative Matters: Grant Application Request from Watauga County Soil and Water Conservation for streambank restoration.
Under Miscellaneous Administrative Matters: Public Hearing Request for Solid Waste Plan Update, Request for Funding from the Cove Creek Preservation & Development, and Discussion of the Child Support Program.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the June 1, 2009, agenda as amended.
VOTE: Aye-5
Nay-0
HUNGER & HEALTH COALITION, INC., LEASE EXTENSION REQUEST
Ms. Compton Fortuna, Executive Director of the Hunger & Health Coalition, Inc. (HHC), requested a lease extension for the Hannah Building presently occupied by the HHC. The terms of the current lease were for 10 years with the opportunity for one-year renewals upon mutual consent. HHC’s request for a long-term lease was to allow them better opportunities for grants and other miscellaneous funding.
Discussion was held regarding a potential 30-year lease with 5-year automatic renewals with the County holding the option of giving a 1-year advance notice to break the lease.
County Attorney di Santi stated that a public hearing was needed since the proposed lease request was for ten years or longer.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to set a public hearing for the June 16, 2009, Board meeting to allow citizen comment on the proposed lease.
VOTE: Aye-5
Nay-0
H&CCBG BUDGET REVISION REQUEST
Ms. Angie Boitnotte, Director of the Project on Aging (POA), presented a budget revision for the H&CCBG budget funds for FY 2010. The amount of funds for Watauga County was $245,544 with a required local match of $26,838 which was present in the Agency’s FY 2010 proposed budget.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the H&CCBG budget revision as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
Account # Description Debit Credit
219930-461100 Emergency Comm. Set-a-side $130,656
213991-399101 Fund Balance-Approp.-New $33,959
219800-498010 Transfer to the General Fund $164,615
103980-398121 Transfer from Capital Reserve $164,615
104283-458000 Capital Outlay-Building Improvements $164,615
The amendment reversed the transfer of funds from the Capital Reserve Fund Communications set-a-side to the General Fund for the replacement of the Communications/Picnic Shelter on Howard’s Knob. The communications equipment was to be moved to the Rich Mountain site and the contract to replace the communications building was cancelled.
Account # Description Debit Credit
103300-349604 NC Dept. of Agriculture $30,000
104960-469500 Agriculture & Farmland Protection Plan $30,000
The amendment recognized the award of grant funds from the NC Dept. of Agriculture and Consumer Services to implement an Agriculture and Farmland Protection Plan for Watauga County. The local match was to be provided by in-kind services.
Account # Description Debit Credit
103300-349603 NC Comm. Conser. Assist. $1,021
104199-499100 Contingency $340
104285-457001 Capital Outlay-Land Improvements $1,361
The amendment recognized additional grant funds from the NC Community Conservation Assistance Program to repair the rain garden and other improvements at Brookshire Park. The local match of $340 was to be provided from the General Administration contingency fund.
Account # Description Debit Credit
103586-332006 State Health Info. Port. $4,200
105550-449901 SHIPP-Grant $4,200
The amendment recognized funding from the Seniors Health Insurance Information Program to provide supplemental funding support for information services to Watauga County residents.
Account # Description Debit Credit
143583-333000 State Shared-Restricted $4,912
145890-469803 Project Challenge-JCPC $1,255
145890-469809 WYN-JCPC $1,965
145890-469811 BR Dispute Settlement $490
145890-469813 JCPC Task Force $61
145890-469814 Rainbow Ctr.-JCPC $1,055
145890-469816 Psychological Services $86
The amendment recognized the decrease in JCPC State funding.
Account # Description Debit Credit
143991-399100 Fund Balance Appropriation $1,430
145890-469804 Project Challenge-Co. Match $147
145890-469810 WYN-Co. Match $590
145890-469812 BR Dispute Settlement-Co. Match $376
145890-469815 Rainbow Center-JCPC $317
The amendment recognized the decrease in the JCPC County match due to a decrease in State funding.
Commissioner Cooper, seconded by Commissioner Kinsey, 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.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, 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. Recommendation for Banking Services Contract – Based on staff’s review of responses to an RFP that was issued in April Ms. Isaacs presented a recommendation that the County enter into an agreement with the Bank of Granite for banking services. The proposed contract was for a three-year period with a two-year renewal option for a flat monthly service charge of $500 with no minimum balance requirements. The following bids were received:
[Please see chart on next page.]
|
Institution
|
Flat Monthly Service Charge
|
Annual Charges
|
Earnings of Sweep
|
Compensating Balance
|
|
Bank of Granite
|
$500
|
$6,000
|
Will match NCCMT rates
|
$0
|
|
BB&T
|
$1,800
|
$21,600
|
Fed funds + 25 basis points
|
$14,000,000
|
|
First Citizens
|
n/a
|
n/a
|
.45%
|
$13,000,000
|
|
Wachovia/Wells Fargo
|
Fee based on activity
|
|
.40%
|
$880,146
|
|
Bank of America
|
$1,750
|
$21,000
|
1.00%
|
$0
|
|
RBC-Centura
|
$1,650
$950
|
$19,800
$11,400
|
Fed funds less 10 basis points
Fed funds less 15 basis points
|
$0
$0
|
Ms. Isaacs stated that the Bank of Granite was the County’s current bank.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to award the contract for financial services to the Bank of Granite based on the recommendation of Ms. Isaacs.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2009.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2009 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the Refunds and Releases Report for May 2009, as presented.
VOTE: Aye-5
Nay-0
C. Proposed Resolution Advancing the Scheduled Octennial Reappraisal – Mr. Byrd presented a resolution for advancing the scheduled octennial reappraisal that allowed the County to determine the most appropriate effective date for the County’s revaluation schedule. Discussion was held regarding the appropriate time to reset the reappraisal period.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution setting the next reappraisal for the year of 2012 with future reappraisals to occur every four years thereafter.
VOTE: Aye-5
Nay-0
DISCUSSION OF SKATE PARK
Mr. Stephen Poulos presented a report on use of the Skate Park since the May 4, 2009, Board meeting, reporting that usage was up slightly from an average of 5 people per day to 7.8 people per day.
Several citizens and members of the Watauga County Recreation Commission were given the opportunity to speak about their concerns regarding the Skate Park.
After lengthy discussion, Commissioner Kinsey, seconded by Commissioner Cooper, moved to close the Watauga County Skate Park within seven days; lock the facility until a new use could be determined; and direct the owners of the equipment located at the Skate Park that the equipment should be removed from the facility within 30 days.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Construction Management Contingency Request # 39 – County Manager Nelson presented Construction Management Contingency Request # 39 in the amount of $140,395. This amount was due to the underestimation of the amount of concrete, concrete pumping, and plasticizer that was required to install the decking on the top floors of the high school. This amount was above the allowance, as projected by Barnhill/Vannoy prior to construction, and as such the overage was appropriate to come from their contingency fund.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency Request # 39 in the amount of $140,395.
VOTE: Aye-5
Nay-0
B. DOT Right-of-Way Deed of Trust Request – County Manager Nelson presented a request from the Department of Transportation for a Deed of Trust release which was essentially a right-of-way for construction of turn lanes at the new high school property. The DOT was in the process of finalizing all right-of-way for the required turn lanes and construction of the new intersection near the Industrial Park Drive as required by the plans as submitted to the Town of Boone. In that the County was responsible for all right-of-way costs, the reimbursement for this Deed of Trust release/easement was $1.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Department of Transportation Deed of Trust release as presented in the amount of $1.
VOTE: Aye-5
Nay-0
PROPOSED AMENDMENTS TO THE WATAUGA COUNTY PERSONNEL ORDINANCE
Deputy County Manager Geouque presented proposed amendments to the Watauga County Personnel Ordinance that dealt primarily with the addition of a shared leave policy, mandated changes to the County’s FMLA policy and a formalization of the separation allowance for law enforcement officers. Deputy County Manager Geouque requested a public hearing be scheduled for the June 16, 2009, meeting to allow citizen comment on the proposed changes.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to set a public hearing for the June 16, 2009, Board meeting to allow citizen comment on proposed amendments to the Watauga County Personnel Ordinance.
VOTE: Aye-5
Nay-0
SOIL AND WATER GRANT APPLICATION REQUEST FOR STREAMBANK RESTORATION
Mr. Brian Chatham and Mr. Adam Williams presented a grant application and accompanying required resolution for a $580,000 grant of which 50% was to be covered by the Clean Water Management Trust Fund and the other 50% was to be forgiven by the Construction Grants and Loan Section of the Division of Water Quality.
By consensus, the Board agreed to table action until after closed session to allow for discussion with the County Attorney.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Policy to Regulate the Selection and Location of Portraits, Pictures, or Memorabilia in the Watauga County Courthouse – Deputy County Manager Geouque presented a policy to regulate the selection and placement of portraits, pictures, or memorabilia in the Watauga County Courthouse. Included was the requested change prohibiting the placement of such in Courtroom # 1 of the Watauga County Courthouse.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the policy as presented including the addition of prohibiting the placement of portraits, pictures, or memorabilia in Courtroom # 1 of the Watauga County Courthouse
VOTE: Aye-5
Nay-0
B. Discussion of Proposed Public Health Improvement Plan – County Manager Nelson stated that the Watauga County Health Department had forwarded a request for a resolution in opposition to Section 10.26(a), Senate Bill 202. This Section required the development of a public health improvement plan which the Appalachian District Health Department was concerned could lead to confusing changes similar to the mental health reorganization that was currently ongoing.
As the proposed resolution was originally drafted for adoption by the Appalachian District Health Department, minor changes were discussed as well as some grammatical corrections.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the resolution as amended.
VOTE: Aye-5
Nay-0
C. Boards and Commissions – County Manager Nelson stated that the Watauga County Community Advisory Committee for Long Term Care (Nursing Homes) recommended that Ben Strickland be appointed to fill a vacant position on their Committee.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to waive the second reading and appoint Ben Strickland to the Watauga County Community Advisory Committee for Long Term Care (Nursing Homes).
VOTE: Aye-5
Nay-0
The Town of Boone has nominated Kimberly Marland and Thomas Purpur to be appointed to fill the unexpired terms of Gayle Turner and Sheri Baker as ETJ representatives on the Boone Area Planning Commission.
[Clerk’s Note: Jay Vincent has also turned in an application expressing interest in serving as an ETJ representative on the Boone Area Planning Commission.]
The EDC has one additional term expiring in June 2009. No recommendations have been received for that appointment from the EDC.
[Clerk’s Note: Lauren Hassler Waterworth has submitted an application expressing interest in serving on the Economic Development Commission.]
The above were first readings; therefore, action was not required.
The Workforce Development Board requested that Chairman Deal appoint a private sector and a community-based organization representative to the High Country Workforce Development Board. Mr. Dan Meyer with the Boone Chamber of Commerce recommended that Mr. David Edwards by appointed as the community-based organization representative to this Board.
Chairman Deal appointed Mr. David Edwards as the community-based organization representative upon the recommendation of the Boone Chamber of Commerce.
D. Cove Creek Preservation and Development Funding Request – County Manager Nelson stated that Cove Creek Preservation and Development (CCP&D) had come to the Board previously and requested that their final $25,000 payment from an EDC incentive loan be waived to allow for funding for repairs to the building. Discussion was tabled at that time.
After discussion, Commissioner Futrelle, seconded by Commissioner Kinsey, moved to forgive the final $25,000 payment from Cove Creek Preservation and Development, which was due in June 2009, and direct CCP&D to use the funds for renovations to the Old Cove Creek building.
VOTE: Aye-5
Nay-0
E. Solid Waste Operations Plan Update Public Hearing Request – County Manager Nelson stated that the Solid Waste Operations Plan was updated every three years and a public hearing was required prior to adoption of the updated plan.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to set a public hearing on June 16, 2009, to allow citizen comment on the proposed update to the Solid Waste Operations Plan.
VOTE: Aye-5
Nay-0
F. Discussion of Child Support Enforcement – the Board discussed information from the North Carolina Association of County Commissioners indicating that the State may mandate the Child Support Enforcement Office be designated as a County-administered program.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to direct staff to forward opposition of the proposal to Representative Tarleton and Senator Goss.
VOTE: Aye-5
Nay-0
G. Announcements – County Manager Nelson announced that the time for the June 16, 2009, regular Board of Commissioners’ meeting was to include a joint meeting with the Watauga County Planning Board; however, some Board members were not available to attend.
By consensus, the Board agreed to reschedule the joint meeting with the Planning Board to Tuesday, July 21, 2009, at 5:00 P.M. with the regular July meeting schedule for the Board of Commissioners to be discussed at a future meeting.
PUBLIC COMMENT
Wes Eppley, Recreation Commission member, shared appreciation for support of the Commission’s recommendation regarding the Skate Park.
Barbara Kinsey thanked the Board for supporting the Recreation Commission regarding the Skate Park and Cove Creek Preservation and Development and reminded the Board that a Community Center was needed in the eastern portion of the County.
CLOSED SESSION
At 11:42 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).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Futrelle, moved to resume the open meeting at 12:22 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to offer for sale the current High School property off of Hwy 105 and to direct staff to accept bids by negotiated offer and the upset bid process pursuant to the language in the advertisement created by the County Attorney.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Commissioner Cooper, moved to authorize the Soil and Water grant application request and to adopt the resolution as amended to include language that the application was subject to adequate assurance of reimbursement of funds.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 12:23 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board