MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 16, 2009
The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 16, 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
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 6:02 P.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 June 1, 2009, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the June 1, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the June 1, 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 16, 2009, agenda.
Chairman Deal listed the following items for inclusion on the agenda:
Item 10.a. CDBG Public Hearing Request
Item 11.a. Discussion of House Bill 852
Prior to Item 14, Watauga Medical Center Reimbursement Request
Prior to Announcements under Miscellaneous Administrative Matters, Discussion of Flexible Use of E911 Funds
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the June 16, 2009, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED LEASE EXTENSION FOR THE HANNAH BUILDING WITH THE HUNGER AND HEALTH COALITION, INC.
Chairman Deal declared the public hearing open at 6:05 P.M. to allow for comment on the proposed lease with the Hunger and Health Coalition, Inc.
Chairman Deal stated that the public hearing was required because the proposed lease was for longer than a ten-year term.
County Attorney di Santi presented the proposed lease and explained the process required for execution. The County Attorney stated that once the lease was tentatively approved, it must be advertised ten days prior to execution and treated as a sale per NCGS Section 160A-267.
There being no public comment, Chairman Deal declared the public hearing closed at 6:07 P.M.
Commissioner Cooper, seconded by Commissioner Kinsey, moved by resolution to enter into the lease agreement for the Hannah Building with the Hunger and Health Coalition as prepared by the County Attorney.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED SOLID WASTE MANAGEMENT PLAN UPDATE
Chairman Deal declared the public hearing open at 6:09 P.M. to allow for comment on the proposed Solid Waste Management Plan Update.
Ms. Lisa Doty, Recycling Coordinator, reviewed the Update and stated that its purpose was to reduce the County’s disposal rate. Ms. Doty stated that Watauga County has had a reduction in disposal of 9% since 1998 which was the largest reduction percentage of the counties in the High Country Region.
There being no public comment, Chairman Deal declared the public hearing closed at 6:11 P.M.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to adopt the Solid Waste Management Plan Update as submitted by Ms. Doty.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED AMENDMENTS TO THE WATAUGA COUNTY PERSONNEL ORDINANCE
Chairman Deal declared the public hearing open at 6:12 P.M. to allow for comment on the proposed amendments to the Watauga County Personnel Ordinance.
Deputy County Manager Geouque reviewed the proposed amendments and requested the Ordinance be effective July 1, 2009.
There being no public comment, Chairman Deal declared the public hearing closed at 6:14 P.M.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the Watauga County Personnel Ordinance as amended.
VOTE: Aye-5
Nay-0
PROPOSED AMBULANCE FRANCHISE AGREEMENT
County Manager Nelson reviewed a proposed Ambulance Franchise Agreement extending the current contract with Watauga Medics for five years beginning January 1, 2010, as negotiated with Craig Sullivan, Watauga Medics owner.
Discussion was held regarding the proposed changes to the Agreement, including discussion on how the CIP was to be calculated each year.
Further discussion was tabled until the next meeting to allow additional time for review by the Board.
ADOPTION OF THE FISCAL YEAR 2010 BUDGET ORDINANCE
County Manager Nelson presented the FY 2010 Budget Ordinance and reviewed changes that were made since the last draft of the proposed budget was reviewed.
The County Manager stated that, since the previous draft, the State had sent notification that Watauga County’s sales tax receipts were to be approximately $404,125 less than previously projected. The County Manager presented changes to the budget reflecting the potential $404,125 loss in revenues.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the Budget Ordinance as presented by the County Manager.
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
103200-326600 ABC/5 Cent/Bottle $3,000
105210-469852 ABC/5 Cent/Bottle $3,000
The amendment recognized additional ABC/5 Cent/Bottle revenue and expenditures.
Account # Description Debit Credit
219930-461201 Future Park Development $30,000
219800-498010 Transfer to the General Fund $30,000
103980-398121 Transfer from Capital Reserve $30,000
104287-457001 Capital Outlay-Land Improvements $30,000
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for additional site work at the Brookshire Soccer Complex as approved at the May 19, 2009, Board of Commissioners meeting.
Account # Description Debit Credit
663200-327601 White Goods Grant $2,173
667420-449900 Misc. Expense $2,173
The amendment recognized a grant from the NC Department of Environment and Natural Resources Waste Management Division to assist with the cost of disposing of “white goods.”
Account # Description Debit Credit
103300-343101 NC DOT-Highway Safety Grant $22,450
104313-429000 Other Supplies $650
104313-451000 Capital Outlay-Equipment $3,800
104313-451002 Capital Outlay- $5,000 + $18,000
The amendment recognized the award of a Highway Safety Grant to the Sheriff’s Office to obtain equipment for traffic checkpoints.
Account # Description Debit Credit
143583-333000 State Shared-Restricted $526
145890-469803 Project Challenge-JCPC $1,255
145890-469809 WYN-JCPC $1,965
145890-469811 BR Dispute Settlement $940
145890-469813 JCPC Task Force $939
145890-469814 Rainbow Ctr.-JCPC $453
145890-469816 Psychological Services $1,414
The amendment recognized changes in JCPC funding due to State budget reductions.
Account # Description Debit Credit
143991-399100 Fund Balance Appropriation $44
145890-469804 Project Challenge-Co. Match $147
145890-469810 WYN-Co. Match $2
145890-469812 BR Dispute Settlement-Co. Match $53
145890-469815 Rainbow Center-JCPC $136
The amendment recognized changes in the JCPC County match due to changes in State funding.
Account # Description Debit Credit
243101-312801 Taxes FY 08/09-Foscoe $2,000
244340-469901 Pay to Foscoe Fire Service District $2,000
283101-312812 Taxes FY 08/09-Blowing Rock $10,000
284340-469912 Pay to Blowing Rock Fire District $10,000
The amendment recognized fire and service district revenues above the budget projections.
Account # Description Debit Credit
103839-388500 Insurance Claim Settlements $230,000
104261-458000 Capital Outlay-Building Improvement $230,000
The amendment recognized the insurance settlement for the Courthouse HVAC system which was paid by Hemphill Associates’ insurance company.
Account # Description Debit Credit
143839-435102 Donations-Child Protective Services $1,406
145310-449904 Child Protective Services Fund $1,406
The amendment recognized additional funds donated for the Child Protective Services Fund.
Vice-Chairman Winkler, 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. Included in the list were two firearms (Ruger Gun, Serial # 663-47310 and Ruger Gun, Serial # 663-48364) which were requested to be used as a trade-in allowance by the Sheriff’s Office when purchasing additional firearms.
Commissioner Cooper, 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 and approve the use of the two firearms as a trade-in allowance for the Sheriff’s Office.
VOTE: Aye-5
Nay-0
C. JCPC Certification and Membership Appointments – Ms. Isaacs stated that each year the County received Juvenile Crime Prevention Council funding from the State. The funding was then routed to various agencies working with young people in the County. Ms. Isaacs presented a certification form that included the administrative funding as well as the following membership list: Clarissa Schmal, designee of the School Superintendent; Justin Warren, Chief of Police designee; Dee Dee Rominger, Sheriff’s Office designee; Charles Byrd, District Attorney designee; Lisa Garland, Chief Court Counselor; Sarah Dunagan, Director, AMH/DD/SA; Erika Smithdeal, DSS designee; Margaret Pierce, County Manager designee; Courtney Johnson, Substance Abuse Professional; Angie Jones, representative of Faith Community; Tim Futrelle, County Commissioner; Tamara Josie Adams and Anderson Profitt, students filling the two positions under age 18 (State Youth Council Representative, if available); Josh Teague, Juvenile Defense Attorney; Judge Lyerly, Chief District Judge; David Blust, Member of Business Community; Trish Lanier, Local Health Director designee; Karee Mackey, Director of 4-H (United Way or other Non-Profit Representative); Stephen Poulos, Director of Watauga County Parks and Recreation; and Christy Pruess, Melissa Johnson, Jennifer Grubb, Shelly Helms, Glenda Andrews, Mechelle Miller, and Jon Greene, all County Commissioner Appointees.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the certification, administrative funding, and membership list as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
PROPOSED CDBG HOSPITALITY HOUSE GRANT PROJECT ORDINANCE
Mr. Joe Furman stated that the County had received Community Development Block Grant (CDBG) funding to partially fund construction of the new Hospitality House facility. Mr. Furman presented and reviewed a proposed grant project ordinance per grant requirements and stated that the purpose of the ordinance was to establish the multi-year grant project outside of the County Budget.
County Manager Nelson stated that, historically, public hearings were not scheduled for project ordinances.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the project ordinance as submitted.
VOTE: Aye-5
Nay-0
PUBLIC HEARING REQUEST FOR CDBG GRANT
Mr. Furman stated that a second public hearing was required for the Scattered Site Housing CDBG project and requested that the public hearing be set for 5:00 P.M. on July 21, 2009, prior to the scheduled joint meeting between the Board of Commissioners and the Watauga County Planning Board.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to set the second required public hearing for the CDBG Scattered Site Housing Project for July 21, 2009, at 5:00 P.M.
VOTE: Aye-5
Nay-0
LICENSE PLATE AGENCY CONTRACT RENEWAL REQUEST
Mr. Kelvin Byrd discussed a proposal to the North Carolina Department of Transportation for the County to continue to operate the License Plate Agency (LPA). Mr. Byrd stated that the County’s contract with the State had expired on November 16, 2008, and was automatically converted to a month-to-month contract. The State was in the process of bringing all of its contract agencies to their new contract form which required an additional $280 per month in costs for the lease of State computer equipment. The State had also announced that it planned to advertise soliciting qualifications from anyone who wished to provide the service. Mr. Byrd stated that an application requesting to continue to operate the LPA had already been submitted to the State from the County; however, the application could be withdrawn if that was the desire of the Board. Mr. Byrd stated that the renewal contract was for three years with automatic conversion to an annual lease for two terms.
County Manager Nelson stated that it was the hope of staff that this was a formality only.
Commissioner Kinsey, seconded by Commissioner Futrelle, moved to authorize the submission of the application to the North Carolina Department of Transportation for the County to continue to operate the License Plate Agency.
VOTE: Aye-5
Nay-0
DISCUSSION OF HOUSE BILL 852
Mr. Byrd presented to the Board, for discussion, House Bill 852 which was entitled “A Bill to be Entitled an Act to Defer the Property Tax Due on Real Property Held for Sale by a Builder.” Mr. Byrd stated that the Bill would allow contractors to defer paying taxes owed on property that was under development for up to five years and even though the taxes would eventually be paid, the deferral could cost Watauga County up to $170,000 in revenue this year. If passed, the Bill would become effective July 1, 2009.
After discussion, and by consensus, the Board directed the County Manager to draft a letter to Representative Tarleton and Senator Goss explaining the difficulty Watauga County would experience if House Bill 852 were to become effective July 1, 2009, due to the shortfall in revenue it would create.
PROPOSED PROPERTY & LIABILITY AND WORKERS COMPENSATION RENEWALS
Deputy County Manager Geouque presented the following proposals which were solicited and received for property and liability and workers compensation insurance coverage:
|
Coverage
|
NCACC
|
A. J. Gallagher
|
Argonaut
|
Key Risk
|
Travelers
|
|
|
Current
|
Renewal
|
|||||
|
Property
And
Liability
|
$306,394
|
$259,680
|
$293,099
|
$239,377
|
$235,350
|
$290,189
|
|
Workers Compensation
|
$259,689
|
$204,747
|
|
|
$221,541
|
$225,889
|
Argonaut and Key Risk both produced quotes for Property and Liability that were lower than the NCACC quote. However, the Deputy County Manager reviewed the following differences between the Argonaut and Key Risk quotes compared to the current coverage: 1) $1,000,000 limit instead of $5,000,000 limit for Earthquake and Flood coverage; 2) $50,000 deductible for Earthquake and Flood instead of $25,000; 3) coverage for mold was excluded; 4) $25,000 limit for pollutant clean-up and removal instead of $100,000 limit; 5) no coverage for medical payments in relation to General Liability; 6) no coverage for medical payments in relation to Automobile Liability; and 7) no coverage for Environmental Liability.
Therefore, the Deputy County Manager recommended that the County award the contract for Property and Liability to the North Carolina Association of County Commissioners Risk Management Pool in the amount of $259,680 as their bid was the most responsive. In addition, Deputy County Manager Geouque also recommended that the North Carolina Association of County Commissioners Risk Management Pool be awarded the contract for Workers Compensation coverage in the amount of $204,474 as their bid was the lowest. The combined total of the two bids was $101,929 less than the current year’s rates.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to award for Property and Liability Insurance in the amount of $259,680 and Workers Compensation Insurance in the amount of $204,747 to the North Carolina Association of County Commissioners Risk Management Pool, as recommended by staff.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Construction Management Contingency Request # 40 – The County Manager reviewed Construction Management Contingency Request # 40 in the amount of $944 to cover the costs of aluminum extensions in the door frames in the kitchen serving area. The discrepancy was due to the measurements not matching from the plans to the frame schedule. The County Manager stated that the error should have been caught by the Construction Manager and, therefore, was appropriate to come from their construction contingency.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency Request # 40 in the amount of $944 for the new high school project as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Construction Management Change Order Requests #’s 28 & 31 – County Manager Nelson presented Change Order Request # 28 for additional work required by the Town of Boone during their plan review for exit signs and egress and down lights. The amount of the Change Order for the additional work was $46,628. The County Manager stated that the Town of Boone had sent an addendum to SfL+a in March 2008; however, SfL+a did not respond.
The County Manager also presented Change Order Request # 31 for masonry column wraps in the amount of $8,676. Previously, some of the wrapped columns were paid for by the Construction Manager’s Contingency in order to expedite the schedule of the masonry install; however, in that the masonry wraps were omitted from the plans, it was an architectural error and not appropriate to come out of the Construction Management Contingency fund. Therefore, Mr. Kesterson had requested that the additional wraps that were not schedule sensitive be taken from the County’s contingency fund.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve construction management change order requests # 28 & 31.
VOTE: Aye-5
Nay-0
WATAUGA MEDICAL CENTER REIMBURSEMENT REQUEST
Chairman Deal stated that Watauga Medical Center had bonds that were being modified and amended which required a letter of credit to be issued by Wachovia. Since the County owned the land on which the Medical Center was located, the Schedule I to Reimbursement Agreement between the County and Watauga Medical Center in relationship to the Bonds required that an “Amendment No. 4” be executed. Chairman Deal stated that there was no cost to the County involved.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve Amendment No. 4 to Schedule I to Reimbursement Agreement with Watauga Medical Center as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. FY 2010 AppalCART Contracts Renewal Requests for Project on Aging and Parks & Recreation – County Manager Nelson presented contracts for transportation services from AppalCART for the Project on Aging and Parks & Recreation Departments. The proposed contract for Project on Aging included a mileage rate of 69¢, which stayed the same as the current rate, and $13.09 per hour, which was a 30¢ increase over the current hourly rate.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the FY 2010 contract between AppalCART and Watauga County Project on Aging as presented by the County Manager.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the proposed contract for Parks and Recreation from AppalCART was $1 per vehicle mile, which was a 25¢ increase over the current mileage rate and $14.48 per hour, which was a 30¢ increase over the current hourly rate. The County Manager stated that the amounts for Parks and Recreation services were generally higher due to a larger vehicle typically being used for their transportation needs.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the FY 2010 contract between AppalCART and Watauga County Parks and Recreation as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Board of Education Funding Request for Roof Repair – Mr. Dennis Ray, Watauga County Board of Education Maintenance Director, presented a request for roofing repairs to the Blowing Rock Elementary School in the amount of $85,000. Mr. Ray stated that the Board of Education requested that the $85,000 be taken from the County’s Capital Reserve so that the repairs may be completed as rapidly as possible to prevent any further damage to the interior of the School. At the present time, a tarp covered part of the roof as it was damaged to the point that water was coming into the school during rain.
County Manager Nelson stated that, at a previous meeting, the Board of Commissioners discussed whether to use the County’s Capital Reserve to leverage State ADM construction funds or lottery funds for a new roof on the Blowing Rock School; however, both of those State funds were currently frozen. The County Manager stated that the current balance in the Capital Reserve fund as earmarked for School projects was $180,759.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to allocate up to $85,000, from the County’s Capital Reserve Fund as earmarked for school projects, to the Board of Education for the needed repairs to the Blowing Rock Elementary School roof.
VOTE: Aye-5
Nay-0
C. Discussion of the July Meeting Schedule – County Manager Nelson stated that currently, a joint meeting with the Planning Board was scheduled for July 21st at 5:00 P.M. Historically, one of the two meetings in July was cancelled due to the amount of time and effort, prior to July, in preparing the budget as well as a limited amount of business to be conducted as it was the beginning of a new fiscal year.
By consensus, the Board agreed to reschedule the first meeting of the month from July 6, 2009, to Monday, July 13, 2009, at 9:00 A.M. and reschedule the time of the second meeting on Tuesday, July 21, 2009, from 6:00 P.M. to 5:00 P.M. and limit the agenda for that meeting to the joint meeting with the Planning Board and matters that were time sensitive and required action prior to the August 3, 2009, meeting.
D. Boards and Commissions – County Manager Nelson stated that the Town of Boone had 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. Mr. Jay Vincent had also submitted an application to the County, expressing interest in serving in one of these two positions.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to appoint Kimberly Marland and Jay Vincent to fill the unexpired terms as ETJ representatives on the Boone Area Planning Commission.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Economic Development Commission (EDC) had a term expiring in June 2009. The County Manager stated that no recommendations for appointment had been received from the EDC; however, Lauren Hassler Waterworth had submitted an application expressing interest in serving on the Commission.
Commissioner Cooper stated that he would present Ms. Waterworth’s application to the EDC at their next meeting and present their recommendation back to the Board at a future meeting.
County Manager Nelson stated that the Workforce Development Board requested that Chairman Deal appoint a private sector representative to the High Country Workforce Development Board. The County has not received recommendations for this position.
Commissioner Kinsey stated that he had a recommendation for the Workforce Development Board but needed to confirm if the individual was available to serve prior to mention.
County Manager Nelson stated that Evelina Idol’s term had expired on the Watauga County Nursing Home Community Advisory Committee and she was willing to continue to serve.
Commissioner Kinsey, seconded by Commissioner Futrelle, moved to waive the second reading and reappoint Evelina Idol to the Watauga County Nursing Home Community Advisory Committee.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Gary Childers’ term on the Caldwell Community College and Technical Institute Board of Trustees was to expire and that he was willing, and recommended by the Board of Trustees, to continue to serve.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive the second reading and reappoint Gary Childers to the Caldwell Community College and Technical Institute Board of Trustees.
VOTE: Aye-5
Nay-0
E. Discussion of Flexible Use of E911 Funds – County Manager Nelson stated that the North Carolina Association of County Commissioners (NCACC) was working with both House and Senate members to explore potential legislative vehicles to expand the appropriate use of E911 funds. The NCACC had stated that they reminded legislators that an expansion of the use of these funds was the highest priority for counties in the Justice and Public Safety area and urged counties to contact their representatives directly to convey the same. Currently, the funds could not be used to support or enhance a comprehensive E911 system, but were restricted to those items that permitted call answering and call location only. The NCACC stated that, should statewide authority to expand flexible use of the funds be blocked, they understood that there may be an effort to move a local bill that would expand the flexible use of the funds for up to fourteen counties.
After discussion, Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to send correspondence to Representative Tarleton and Senator Goss stating that Watauga County was in support of either a statewide bill or a local bill that Watauga County could join which would allow the County’s E911 funds to be used with more flexibility.
VOTE: Aye-5
Nay-0
F. Announcements – County Manager Nelson announced that a joint meeting was scheduled with the Watauga County Planning Board for July 21, 2009, at 5:00 P.M.
County Manager Nelson announced that the North Carolina Association of County Commissioners’ 2009 Annual Conference was scheduled for August 27-30, 2009, in Hickory.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:51 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).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 8:53 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 8:53 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board