MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 3, 2009
The Watauga County Board of Commissioners held a regular meeting on Monday, August 3, 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 9:02 A.M., welcoming those in attendance.
Commissioner Kinsey opened the meeting with a prayer.
[Clerk’s Note: Commissioner Futrelle arrived at the meeting at 9:06 A.M.]
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the July 13, 2009, regular meeting and closed session minutes and the July 21, 2009, regular meeting minutes.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the July 13, 2009, regular meeting minutes as presented.
VOTE: Aye-4 (Deal, Winkler, Cooper, Kinsey)
Nay-0
Absent-1 (Futrelle)
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the July 13, 2009, closed session minutes as presented.
VOTE: Aye-4 (Deal, Winkler, Cooper, Kinsey)
Nay-0
Absent-1 (Futrelle)
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the July 21, 2009, regular meeting minutes as presented.
VOTE: Aye-4 (Deal, Winkler, Cooper, Kinsey)
Nay-0
Absent-1 (Futrelle)
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the August 3, 2009, agenda.
County Manager Nelson requested to add under Item 11 a presentation of a partial bid on the current high school property and, under Item 12, the appointment of the Watauga County Personnel Advisory Committee.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the August 3, 2009, agenda as amended.
VOTE: Aye-4 (Deal, Winkler, Cooper, Kinsey)
Nay-0
Absent-1 (Futrelle)
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION
Chairman Deal declared the public hearing open at 9:05 A.M. to allow for comment on AppalCART’s application for funding through the FY 2010 Rural Operating Assistance Program (ROAP). Mr. Chris Turner, AppalCART’s Director, reviewed the previous allocation amounts and discussed recommendations for the County’s $165,893 allocation for FY 2010.
There being no public comment, Chairman Deal declared the public hearing closed at 9:09 A.M.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the submission of the FY 2010 Rural Operating Assistance Program (ROAP) grant application and the execution of the certified statement as presented by Mr. Turner.
VOTE: Aye-5
Nay-0
BOARD OF EDUCATION BUDGET AMENDMENT REQUEST
Dr. Marty Hemric, Watauga County Schools Superintendent, requested a Fiscal Year 2010 budget amendment to reallocate $250,000 from the Capital Outlay Fund into the Current Expense Fund Revenue.
Dr. Hemric stated that the transfer was necessary because of specific guidelines and restrictions associated with the American Recovery & Reinvestment Act (ARRA) funds in the area of Exceptional Children. Regulations prevented the ARRA funds from being applied directly to salary support and benefits; however, the guidelines allowed for the purchase of instructional technology to improve learning support for Exceptional Children. The transfer of funds was to allow Watauga County Schools to apply $250,000 of ARRA funds toward instructional technology for the enhancement of student centric learning and, subsequently, transfer the $250,000 from Capital Outlay to Current Expenses to prevent the loss of additional positions.
Mr. Lowell Younce, Chairman, and Ms. Deborah Miller, Vice-Chairman, of the Watauga County Board of Education stated that the Board of Education was in support of the requested budget amendment and thanked the Board of Commissioners for their financial support of the local school system.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the budget amendment to reallocate $250,000 from the Board of Education’s Capital Outlay Fund into their Current Expense Fund Revenue as requested.
VOTE: Aye-5
Nay-0
NATIONAL COALITION FOR HOMELESS AMERICANS REPORT
Mr. Howard Richardson, President of the National Coalition for Homeless Americans, discussed plans for partnering with Mr. David Kaplan in utilizing some of Mr. Kaplan’s property, previously know as Heavenly Mountain, for a training and education program site for the homeless. Mr. Richardson stated that his program was to be funded by federal government funds. The National Coalition for Homeless Americans was to work as a placement agency to reestablish those in the program back into the economy. Mr. Richardson stated that his organization was working with the Green Housing Institute and several green, zero-carbon footprint homes were proposed to be built on the site as well.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to express the Board of Commissioners’ support of the project in general.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT FOR PRESERVATION OF VITAL RECORDS
Ms. JoAnn Townsend, Watauga County Register of Deeds, presented a proposed contract for the maintenance and preservation of civil public records, specifically birth and death certificates, which was a part of the Registrar’s ongoing project to use technology to preserve public records. Ms. Townsend stated that records from 1914 through 1986 were not on acid free paper and, therefore, were deteriorating. The proposed contract was recommended to be funded out of the Register of Deeds’ Automation Enhancement and Preservation Fund. Ample funds were budgeted in the current Fiscal Year to fund the first year of the project. Ms. Townsend requested approval to contract with the low bidder, Brown’s River Mariotti Co., in the amount of $23,214 for the cost of the FY 2010 portion of the project.
Ms. Townsend stated that the Books were to be offsite during the maintenance and preservation work. Brown’s River Mariotti Co. was to collect the books to be preserved in person and hand deliver them when finished. Approximately ten books were to be taken at a time and access to the information contained in the books was to be provided during the Register of Deed’s working hours as needed.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the five-year contract with Brown’s River Mariotti Co., with the first year’s payment amount being $23,214 for maintenance and preservation services for civil public records, as presented by Ms. Townsend.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of July 2009.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for July 2009 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for July 2009, as presented.
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
145890-463118 Blowing Rock Adult Daycare $5,100
143980-398010 Transfer from the General Fund $5,100
109800-498014 Transfer to Public Assist. $5,100
103991-399100 Fund Bal. Approp. – Original Budget $5,100
The amendment reduced the fiscal year 2010 budget for the Blowing Rock Adult Daycare Center funding as Appalachian Regional Health Care System was to cease their operation of the program August 17, 2009.
Account # Description Debit Credit
105550-469514 Contracted Services-Instructors $1,220
105550-449901 SHIIP Grant Fund $458
103991-399101 Fund Balance Approp. - New $1,678
The amendment re-appropriated fiscal year 2009 unspent funds for Project on Aging grants per department request.
Account # Description Debit Credit
103300-349604 NC Department of Agriculture $30,000
104960-469100 Agriculture and Farmland Prot. Plan $30,000
The amendment recognized a grant from the NC Department 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 from the Soil and Water Conservation Department. This grant was awarded in fiscal year 2009 but the work was to be completed in fiscal year 2010.
Account # Description Debit Credit
103300-349605 NCDENR-Water Resources Division $84,098
104960-469100 Professional Services-NCDENR $84,098
The amendment recognized the award of a NCDENR grant to fund a portion of 2,030 linear feet of stream bank restoration in Cove Creek on the Mary Parker property. Total cost of the project was to be approximately $125,000. The balance of the funding was to be provided by the NC Ag Cost Share Program and the property owner. Per Brian Chatham with the Soil and Water Conservation Office, the NC Ag Cost Share Program funds were to be paid to the property owner who was to pay the vendor the funds along with the owner’s local match requirement.
Account # Description Debit Credit
104199-499103 Contingency-New High School $250,000
103835-382000 Sale of Fixed Assets $250,000
433835-382000 Sale of Fixed Assets – Edmisten $250,000
435911-499100 Contingency $250,000
The amendment transferred funds budgeted in the General Fund to the new Watauga High School Capital Projects to cover additional costs associated with the project per the County Manager.
Account # Description Debit Credit
143839-353100 Donations-Foster Children $2,306
143839-353101 Donations-Adult Services $1,551
143839-353102 Donations-Child Protective Services $1,710
145310-449902 Foster Children’s Fund $2,306
145310-449903 Adult Services $1,551
145310-449904 Child Protective Services $1,710
The amendment recognized the June 30, 2009, ending balance for the Department of Social Services discretionary funds.
Commissioner Cooper, seconded by Vice-Chairman Winkler, 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 the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to surplus the property as presented by Ms. Isaacs and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
VOTE: Aye-5
Nay-0
C. Proposed Contract for Sales Tax Audit – Ms. Isaacs presented a proposal from Robert S. Segal, P.A., for a sales tax audit for potential tax reallocation and for unclaimed sales tax. The County’s sales tax distribution in May included a deduction for refunds of almost $750,000. Mr. Segal proposed two contracts charging a percentage of taxes collected and allocated to Watauga County for reallocation, therefore, fees were to be paid from funds, if any, collected due to the audit. The fees were proposed at 20-35% of taxes reallocated and 40% for sales and use taxes refunded to Watauga County.
County Manager Nelson stated that a request for proposals was not required as this was a service. The County Manager also stated that Mr. Segal’s firm had worked for the County several times in the past with excellent results and exemplary customer service.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the two contracts with Robert S. Segal, P.A., as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Proposed Addition to the Boone Fire Service District – Mr. Joe Furman stated that the County had approved a contract between Blowing Rock and Boone Fire Departments for Fiscal Year 2010 which created uniformity in the six-mile insurance districts that were created. The agreement was necessitated due to the inability to obtain 100% citizen signatory participation prior to establishing the six-mile districts. Mr. Furman stated that the necessary 100% compliance of all property owner signatures had since been received and, therefore, the Town of Boone had requested to amend the service and tax districts for those affected areas between Boone and Blowing Rock to be effective June 30, 2010. Mr. Furman stated that a public hearing was required and a mailing had to be sent four weeks prior to the public hearing.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to set a public hearing for the October 20, 2009, Board meeting at 6:00 P.M. to allow citizen comment on proposed changes as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Proposed Contract for Updating E911 Centerline Information – Mr. Joe Furman presented a proposal for a mapping contract with Highland Mapping, Inc., to improve the accuracy of data used in 911 calls and responses. Centerline mapping was a $30,000 component of an overall mapping upgrade. The amount for this part of the plan was over $15,000 and, therefore, required Board action. Board approval was requested to enter into the contract with Highland Mapping, Inc., in the amount of $30,000. The amount for the entire project was $59,000. 911 Funds were an appropriate funding source for this project and, therefore, were included as such in the FY 2010 budget.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the proposed contract with Highland Mapping, Inc., in the amount of $30,000 as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
[Clerk’s Note: With staff approval, the total contract amount was $59,000.]
C. Proposed Community Development Block Grant (CDBG) Plans and Policies for the Hospitality House Project and the Scattered Site Housing Program – Mr. Furman presented several proposed plans, policies, and resolutions that were required by the Division of Community Assistance for Community Development Block Grant (CDBG) projects. The two projects currently ongoing in Watauga County were the Hospitality House Project and the Scattered Site Housing Program.
The proposed policies were as follows:
Section 3 Policy – local economic benefit for low and very low income persons
504/ADA Grievance Procedure
504 Self Evaluation
Citizen Participation Plan
Code of Conduct Resolution
Complaint Procedure
Equal Employment & Procurement Plan
Fair Housing Complaint Procedure
Fair Housing Plan
Fair Housing Resolution
Optional Coverage Relocation Benefit Policy
Optional Coverage Relocation Plan Resolution
Procurement Policy
Residential Antidisplacement & Relocation Plan
Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the following plans, policies, and resolutions as presented by Mr. Furman: Section 3 Policy – local economic benefit for low and very low income persons; 504/ADA Grievance Procedure; 504 Self Evaluation; Citizen Participation Plan; Code of Conduct Resolution; Complaint Procedure; Equal Employment & Procurement Plan; Fair Housing Complaint Procedure; Fair Housing Plan; Fair Housing Resolution; Optional Coverage Relocation Benefit Policy; Optional Coverage Relocation Plan Resolution; Procurement Policy; and Residential Antidisplacement & Relocation Plan.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Construction Management Contingency Request # 41 – County Manager Nelson presented Construction Management Contingency Request # 41 in the amount of $1,291 for painting the smoke hatches to match the color of the standing seam metal roof in place at the new High School. The County Manager stated that it was appropriate for the expense to be allocated from the Construction Management Contingency fund as it was a cosmetic issue.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve Construction Management Contingency Request # 41 in the amount of $1,291 as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Change Order Request # 32 – County Manager Nelson presented Change Order Request # 32 in the amount of $30,126, which was recommended by the High School Sub-Committee. The Change Order was for track and field modifications that were to add an additional triple jump and also substitute concrete curbs around the track in place of the specified wooden ones. The additional triple jump pit was to allow regional and state meets to be conducted onsite and the concrete curb was to be more durable, easier to maintain, and add additional life to the track and turf field.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve Change Order # 32 in the amount of $30,126 as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Presentation of Bids and Proposed Resolution to Begin the Upset Bid Process (Edmisten House) – County Manager Nelson stated that two bids were received for the Edmisten House and property located at 282 Daniel Boone Drive. The high bid, in the amount of $161,600 was considered non-conforming as the required 5% bid deposit was submitted with an error in the calculation. The other bid received was in the amount of $112,000 and was conforming. A resolution was prepared which was to be required if the upset bid process was to begin upon the acceptance of an offer.
After discussion, the County Attorney stated that the Board could offer the property through the negotiated offer process which did not require, but allowed for, the upset bid process to be implemented.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to instruct staff to obtain an appraisal of the property located at 282 Daniel Boone Drive (the Edmisten House); reject all bids submitted for the sale of said property; and direct the County Attorney to prepare an advertisement to offer the property for sale through the negotiated offer process.
VOTE: Aye-5
Nay-0
D. Presentation of a Partial Bid Received for the Current High School Property – County Manager Nelson stated that a bid was received for a portion of the current high school property and recommended the Board consult with the County Attorney in closed session to determine if the bid was conforming prior to taking any action.
By consensus, the Board agreed to table further discussion, and any possible action, until after closed session.
[Clerk’s Note: Action was taken on the current high school property after closed session. Please see below.]
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. NCACC Annual Conference Voting Delegate Appointment Request – County Manager Nelson stated that the North Carolina Association of County Commissioners Annual Conference was scheduled for August 27-30, 2009, in Hickory. The annual business session was to be conducted on Saturday, August 29, 2009. The County Manager stated that each county in attendance was required to select a voting member to represent their County at the business session and submission of that delegate was due to the NCACC by Friday, August 7th.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to appoint Vice-Chairman Winkler as Watauga County’s Voting Delegate at the annual business session at the NCACC Annual Conference.
VOTE: Aye-5
Nay-0
B. Discussion of September Meeting Schedule – County Manager Nelson requested discussion of the September meeting schedule in that the first Monday in September was on the 7th which was a County-observed holiday (Labor Day) and the third Tuesday in September was on the 15th which was the next week after the first meeting, if conducted as scheduled.
By consensus, the Board agreed to cancel the first meeting in September and hold the September 15, 2009, at 6:00 P.M. as regularly scheduled.
C. Watauga Opportunities Request for Loan Payment Waiver – County Manager Nelson stated that, in 2006, the County entered into an Economic Development loan agreement with Watauga Opportunities to assist in the creation of jobs. The agreement required the repayment of $10,000 for five years beginning July 1, 2007, with the loan payments to be forgiven if the number of jobs created were as specified in the agreement. For Fiscal Year 2010, Watauga Opportunities furnished documentation that jobs were created as specified in the agreement and, therefore, requested waiving the payment.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the waiver of Watauga Opportunities’ fiscal year 2010 payment of $10,000 for the 2006 Economic Development loan agreement, as documentation was provided to verify required stipulations were met.
VOTE: Aye-5
Nay-0
D. Sheriff’s Office Out-of-State Travel Request – County Manager Nelson stated that Captain Dee Dee Rominger with the Watauga County Sheriff’s Office was honored by being accepted to the FBI National Academy. Captain Rominger was scheduled to attend the FBI Academy for approximately nine weeks between January 10 and March 19, 2010. All expenses for attendance, other than travel and salary, were to be paid by the FBI. The County Manager stated that the Sheriff was supportive and had requested approval for out-of-state travel for Captain Rominger.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the Sheriff’s Office out-of-state travel request as presented.
VOTE: Aye-5
Nay-0
E. Appointment of Personnel Advisory Committee – Deputy County Manager Geouque stated that the County Personnel Ordinance contained a provision for the appointment of a Personnel Advisory Committee. Chairman Deal was appointed to the Personnel Advisory Committee as a part of the Board’s annual organizational meeting held in December. The Deputy County Manager requested that another Commissioner be appointed as an alternate and the following staff be appointed: Angie Boitnotte, Stephen Moody, Brent Graybeal, and Amy Parsons.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to appoint Commissioner Kinsey (as an alternate for Chairman Deal) Angie Boitnotte, Stephen Moody, Brent Graybeal, and Amy Parsons to the Watauga County Personnel Advisory Committee in accordance with the Watauga County Personnel Ordinance.
VOTE: Aye-5
Nay-0
F. Boards and Commissions – County Manager Nelson stated that the Boone Town Council nominated Earl Keller as the ETJ representative and William Aceto as the ETJ alternate representative to the Boone Board of Adjustment. Both terms expired June 30, 2009.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to appoint Earl Keller as the ETJ representative and William Aceto as the ETJ alternate representative to the Boone Board of Adjustment with both terms to expire June 30, 2012.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that a term had expired in June 2009 on the Economic Development Council (EDC) and, as mentioned at the June 16th meeting, Lauren Hassler Waterworth expressed interest in appointment to that Board. Her application was presented to the EDC which was receptive to her appointment.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint Lauren Hassler Waterworth to the Economic Development Commission with her term to expire June 2012.
VOTE: Aye-5
Nay-0
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. Carole Coates, Director of the High Country Workforce Development Board, had presented two names for possible consideration. Several Board members had potential recommendations; however, none were confirmed.
Appointment of a Work Force Development Board private sector representative was tabled until a future meeting.
G. Announcements – County Manager Nelson announced that the Annual Farm City Celebration was scheduled for Saturday, August 15, 2009, at the Historic Blair Farm in Boone from 2:00 P.M. to 6:00 P.M. with the theme of “Growing Youth, Growing Agriculture.”
County Manager Nelson announced that the North Carolina Association of County Commissioners’ 2009 Annual Conference was scheduled for August 27-30, 2009, in Hickory.
County Manager Nelson announced that the High Country Council of Governments’ Annual Banquet was scheduled for Friday, September 11, 2009, at Linville Ridge.
County Manager Nelson announced that the 20th Annual Walk of Awareness was scheduled for Tuesday, September 8, 2009, on Sanford Mall, at Appalachian State University.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 10:23 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) and Land Acquisition Matters, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Futrelle, moved to resume the open meeting at 12:07 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct Mr. Joe Furman to publish a Request For Proposals (RFP) for water and sewer installation for the Brookshire Road Soccer Fields with the following terms: the RFP is not to include a generator; funds for the engineering were to be allocated from the Soccer Field Project Budget; and funds for installation were to be allocated from the Capital Reserve Account.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Futrelle, moved to reject the bid received for the current Watauga High School property and direct the County Attorney to create an advertisement for sale of the property through the negotiated offer process with the following terms: the asking price set at $28,000,000 and included the following stipulations for a realtor’s commission, if applicable: the commission be set at 5% of the initial accepted offer and be paid, in full, at, but not before, closing to the realtor who presented the initial accepted offer unless the final accepted offer, through an upset bid process, was represented by a realtor other than the realtor representing the initial offer; in this case the commission was to be split equally (50%-50%) between the two realtors.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 12:11 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board