MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 15, 2009
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 15, 2009, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
PRESENT: 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
Vice-Chairman Winkler called the meeting to order at 6:02 P.M., welcoming those in attendance.
Commissioner Cooper opened the meeting with a prayer.
[Clerk’s Note: Chairman Deal was unable to attend due to a prior commitment.]
APPROVAL OF MINUTES
Vice-Chairman Winkler called for additions and/or corrections to the August 18, 2009, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the August 18, 2009, regular meeting minutes as presented.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the August 18, 2009, closed session minutes as presented.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
APPROVAL OF AGENDA
Vice-Chairman Winkler called for additions and/or corrections to the September 15, 2009, agenda.
Vice-Chairman Winkler stated that the following additions had been requested: a School Board Change Order Request as Item 9b and Personnel Matters, per, G. S. 143-318.11(a)(6) under closed session matters. Vice-Chairman Winkler stated that there was the possibility of action after closed session as well.
[Clerk’s Note: It was later determined that action was not needed or taken after closed session.]
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the September 15, 2009, agenda as amended.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
AMBULANCE FRANCHISE ORDINANCE MATTERS
A. Second Reading for Ratification to Proposed Amendments to the Ambulance Franchise Ordinance – County Manager Nelson stated that franchise ordinances required action at two meetings for ratification. At the last regular Board meeting a public hearing was conducted to allow citizen comment on proposed amendments to the Watauga County Ambulance Franchise Ordinance. At the conclusion of that public hearing the amendments, regarding membership to the EMS Advisory Committee, were adopted. The County Manager reviewed the recommended changes and requested a second adoption.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt the amendments, for the second ratification, to the Watauga County Ambulance Franchise Ordinance as presented.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
B. Recommended Appointments to the EMS Advisory Committee – County Manager Nelson stated that the EMS Advisory Committee recommended that Ms. Patty Jenkins be appointed as the representative for the Appalachian Regional Healthcare System and Mr. Reggie Hassler be appointed as the representative for the Boone Fire & Rescue Department.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to appoint Ms. Patty Jenkins and Mr. Reggie Hassler to the EMS Advisory Committee as recommended by the Committee.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
SANITATION MATTERS
A. Discussion of Landfill Gas To Energy Project – Ms. Lisa Doty presented a plan to generate electricity using the methane collection system installed at the landfill. The projected cost of the project was approximately $200,000 and the system, when operational, was to generate savings and revenue of approximately $85,000 annually. The project had the potential to pay for itself in 3 years or less with future excess revenue to be used to offset the Sanitation Department’s operational costs. Ms. Doty stated that the High Country Council of Governments was assisting with preparation of a 50% local match grant application that was for landfill methane projects. Ms. Doty recommended that funding for the project be allocated from the Sanitation Department’s Retained Earnings Account. Ms. Doty stated appreciation for Blue Ridge Electric Membership’s and ASU’s involvement in the project.
Mr. Stan Steury with Appalachian State University’s Energy Center stated that the Center was excited to be a part of the project and that other comparatively sized landfills were looking to this project for guidance and he hoped they would follow in the County’s footsteps.
Commissioner Cooper, seconded by Commissioners Futrelle and Kinsey, moved to authorize staff to continue to work with ASU’s Energy Center on the Landfill Gas To Energy Project with a budget of up to $200,000 with funds to be allocated from the Sanitation Department’s Retained Earnings Account with the understanding that contracts, once prepared, would be presented at a future meeting for approval and also to authorize the submission of grant applications as necessary for the project.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
B. Proposed Proclamation in Support of “Operation Medicine Cabinet” – Ms. Doty presented a proclamation in support of “Operation Medicine Cabinet.” The program was to offer citizens an alternate way to dispose of unused prescription drugs and pharmaceuticals. In the past drugs have been routinely flushed down toilets ending up in waterways and surface and groundwater. Ms. Doty stated appreciation for assistance received from the Sheriff’s Office during formulation of the program.
Sheriff Hagaman stated the he and his Office was in support of keeping drugs off the streets and stated that all legal issues with the Drug Enforcement Agency had been addressed.
Ms. Doty stated that “Operation Medicine Cabinet” was to be held in conjunction with the County’s upcoming Household Hazardous Waste and Disposal Day on Saturday, October 3rd with pharmaceuticals to be collected at the three local Food Lion stores as well as Seven Devils’ Town Hall. Ms. Doty stated that a pharmacist, to help identify drugs, and an officer, to collect the drugs, were to be present at each location. The drugs were to be incinerated. Amnesty was to be provided during the program; therefore, no questions were to be asked.
Commissioner Kinsey noted a typo in the proclamation and requested the addition of an “s” as noted in bold, underlined type:
“WHEREAS, research on our local waterways shows that pharmaceuticals are having adverse effects on aquatic wildlife and conservation efforts are needed to reduce the amount of pharmaceuticals entering our surface water; and”
Commissioner Futrelle, seconded by Commissioner Cooper, moved to adopt the proclamation in support of “Operation Medicine Cabinet” as amended.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
PLANNING AND INSPECTIONS MATTERS
A. Bid Award Request for Brookshire Road Park On-Site Utilities – Mr. Joe Furman presented the following bids received for the installation of water and sewer lines to Brookshire Park:
|
Bidder
|
Sewer Line Cost
|
Water Line Cost
|
Total Cost
|
|
Iron Mountain Construction Co.
Mountain City, TN
|
$125,758.00
|
$73,413.50
|
$199,171.50
|
|
John Sonner Construction & M&M Construction
Banner Elk, NC
|
$118,665.00
|
$78,550.00
|
$197,215.00
|
|
Max Prestwood Water & Sewer
Lenoir, NC
|
$108,890.00
|
$80,650.00
|
$189,540.00
|
|
Spur Construction
Waynesville, NC
|
$120,238.00
|
$93,550.00
|
$213,788.00
|
|
Waters Brothers Construction
Boone, NC
|
$107,869.11
|
$77,110.11
|
$184,979.22
|
The capacity for future use in development at the park was included in the installation. Mr. Furman recommended awarding the bid to the low bidder, Water Brothers Construction Company in the amount of $184,979.22.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the Brookshire Road Park On-Site Utilities bid to Waters Brothers Construction in the amount of $184,979.22 with funds to be allocated from the balance of the Brookshire Road Project budget and the remainder to be allocated from the Capital Reserve Fund allocated for Parks and Recreation.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
B. Proposed Agreement with Seven Devils for Inspections Services – Mr. Furman presented an agreement with the Town of Seven Devils in which the County’s Planning and Inspections Department was to provide the following services for the Town: perform permitting, plan reviews, and inspections of buildings per the North Carolina Building Code. Mr. Furman stated that his staff had the capacity for, and planned to use this agreement, to both provide a service to the town and generate revenue for the department. The Town of Seven Devils was to compensate Watauga County in the amount of $40.00 per hour as designated in the agreement which was drafted by the County Attorney.
Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the agreement for Watauga County Planning and Inspections Department to offer inspection services to the Town of Seven Devils at a rate of $40.00 per hour as presented by Mr. Furman.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2009.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 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 August 2009, as presented.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
Account # Description Debit Credit
433839-389000 Miscellaneous – Other $14,400
435911-499100 Contingency $14,400
The amendment recognized funds received from the Town of Boone to assist in the cost of the fencing adjacent to the Greenway Trail at the new high school.
Account # Description Debit Credit
143839-353100 Donations – Foster Children $2,113
143839-353102 Donations – Child Protection Services $2,582
145310-449902 Foster Children’s Fund $2,113
145310-449904 Child Protective Services $2,582
The amendment recognized August donations for the DSS discretionary funds.
Account # Description Debit Credit
143583-333000 State Shared-Restricted $6,015
143839-389000 Miscellaneous – Other $1,580
145890-469803 Project Challenge – JCPC $1,858
145980-469804 Project Challenge – County Match $557
145890-469809 WYN – JCPC $1,515
145890-469810 WYN – County Match $455
145890-469811 BR Dispute Settlement $600
145890-469812 BR Dispute Settlement – County Match $180
145890-469813 JCPC Task Force $750
145890-469814 Rainbow Center – JCPC $1,292
145890-469815 Rainbow Center – County Match $388
The amendment recognized a decrease in JCPC funding due to the State budget reductions and decrease in County match.
Account # Description Debit Credit
103300-345000 E & D Transportation Grant $47,000
103300-345001 Work 1st Tran. Assist. $9,262
103300-345002 Rural General Public $84,941
104500-469843 AppalCART – RGP $84,941
104500-469844 AppalCART – Work 1st $9,262
105210-469845 Carolina Friendship House – E & D $2,000
105550-431301 POA – E & D $23,000
105890-469846 Watauga Opportunities – E & D $22,000
143300-345000 E & D Transportation Grant $24,690
145310-469845 DSS – E & D $24,690
The amendment recognized the award of the Public Transportation Division FY 2010 Rural Operating Assistance Program funds.
Account # Description Debit Credit
219800-498010 Transfer to the General Fund $25,534
213991-399101 Fund Balance Approp. $25,534
103980-398121 Transfer from Capital Reserve $25,534
104283-435103 M & R – Grounds Complex Field $2,087
104283-429000 Supplies (benches) $9,422
104283-457001 Capital Outlay – Land Improvements $14,025
The amendment transferred funds from the Capital Reserve Fund to resurface the tennis and basketball courts, purchase four basketball goals and eight six foot benches at the recreation complex.
Account # Description Debit Credit
103991-399101 Fund Balance – Approp. – 911 Restricted $8,395
104311-451000 Capital Outlay – Equipment $8,395
The amendment appropriated restricted 911 fund balance for equipment not eligible from the consolidated 911 service fees.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the budget amendments as presented.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
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.
Commissioner Kinsey, 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-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
C. Revised Funding Plan for JCPC – Ms. Isaacs presented an amended Juvenile Crime Prevention Council funding plan that reduced allocations by 5% as required by the State. The overall reduction was $6,015.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the revised funding plan for JCPC as presented by Ms. Isaacs.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
NEW HIGH SCHOOL MATTERS
A. Construction Management Contingency Requests #’s 42-46 – County Manager Nelson presented the following Construction Management Contingency Requests (CMCR).
CMCR # 42, in the amount of $9,925, was for the installation of louvers that were omitted in the plans but were necessary to allow air flow into the HVAC system.
CMCR # 43, in the amount of $3,006.54, was for the installation of concrete pads for the dugouts on the baseball and softball fields. This cost was due to a scope gap that was not discovered during the plan review.
CMCR # 44, in the amount of $4,200, was for the installation of foam insulation in the eaves and gable ends of the building which was omitted in the original plans.
CMCR # 45, in the amount of $25,355.12, was for the installation of condensate drain lines, acid waste lines, and storm drainage lines. These items were found necessary when finalizing the utility and drainage aspects of the project.
CMCR # 46, in the amount of $902.23, was for the substitution of plywood for sheetrock in the bus canopy in the front of the school building. The Construction Management Team recommended the plywood as a more suitable product.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve Construction Management Contingency Requests #’s 42-46 as presented by the County Manager.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
B. Change Order Request by School Board – County Manager Nelson stated that the Watauga County Board of Education had requested that a stop order be issued on the polishing of floor concrete in all areas of the new high school. The School Board wished to cover the floors with an alternate material of which details were to be presented in a formal change order when the alternate was chosen and cost and LEED impact analyses were completed.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize a stop order in the polishing of all concrete floors in the new high school project as requested by the Watauga County Board of Education.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of Voluntary Annexation – Hannah Building – County Manager Nelson stated that the Hospitality House and Caldwell Community College were partitioning the Town of Boone for voluntary annexation of their properties which were located adjacent to the County-owned Hannah Building. Consideration for annexation of the Hannah Building was given to offer water and sewer services, at the lower in-town rate, to the Hunger and Health Coalition, who had a long-term lease on the property. The Health and Hunger Coalition was supportive of the annexation and with the property already located in the Extra Territorial Jurisdiction of the Town, the impact of annexation, if any, was expected to be minimal. The County Manager stated that the permit fee was $350; however, he anticipated that one permit fee was to cover all three properties as they were all adjoined. Up to $1,000 was potentially needed to upgrade an existing survey which was required for the annexation.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to authorize staff to pursue voluntary annexation of the Hannah Building and approve the costs associated with the annexation as presented by the County Manager.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
B. Boards and Commissions – County Manager Nelson stated that three appointments were needed for the Valle Crucis Historic Preservation Commission. All those recommended were currently, and willing to continue, serving if so reappointed. The terms of Ms. Susan Mast and Ms. Sarah Mast, if reappointed, were to expire 2011 and the term of Mr. Allen Culler, if reappointed, was to expire 2012.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve to waive the second reading and appoint to the Valle Crucis Historic Preservation Commission Ms. Susan Mast and Ms. Sarah Mast, whose terms were to expire in 2011; and Mr. Allen Culler whose term was to expire in 2012.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
C. Announcements – County Manager Nelson announced that a joint meeting was scheduled for Wednesday, September 16, 2009, at 6:00 P.M. with the Caldwell Community College and Technical Institute’s Board of Trustees the White Oak Road campus.
County Manager Nelson announced that the next Intergovernmental Retreat was scheduled for Monday, September 28, 2009, from 5:00 P.M. to 7:00 P.M. at the Broyhill Inn and Conference Center, ASU.
County Manager Nelson announced that Household Hazardous Waste Collection was scheduled for Saturday, October 3, 2009, from 9:00 A.M. to 2:00 P.M. at the Landfill and included for the first time “Operation Medicine Cabinet,” a pharmaceutical take back program, in which citizens were allowed to turn in pharmaceuticals that were no longer needed or were out-of-date with no questions asked. “Operation Medicine Cabinet” locations were the three local Food Lion stores and Seven Devil’s Town Hall.
County Manager Nelson announced that the North Carolina Department of Public Instruction planned to convene a Graduation Summit on October 22, 2009, in Raleigh to address the issues of dropout prevention.
Deputy County Manager Geouque announced that the North Carolina Division of Motor Vehicles had awarded the County a contract to continue operation of the local License Plate Agency with details of the contract currently being negotiated.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 6:49 P.M., Commissioner Cooper, seconded by Commissioner Kinsey, 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-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
Commissioner Cooper, seconded by Commissioner Futrelle, moved to resume the open meeting at 9:57 P.M.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1 (Deal)
ADJOURN
Vice-Chairman Winkler adjourned the meeting at 9:57 P.M.
William R. Winkler, III, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board