MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 5, 2009
The Watauga County Board of Commissioners held a regular meeting on Monday, October 5, 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 Futrelle opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to an addition to the August 18, 2009, closed session minutes (which was inadvertently omitted when originally presented) and to the September 3, 2009, special meeting minutes and the September 15, 2009, regular and closed session minutes.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the addition to the August 18, 2009, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the September 3, 2009, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the September 15, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
By consensus, the Board tabled action on the September 15, 2009, closed session minutes until after closed session to allow for discussion of a possible amendment.
[Clerk’s Note: As recorded, the closed session minutes for September 15, 2009, were approved as presented after closed session.]
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the October 5, 2009, agenda.
County Manager Nelson stated that there was the possibility of action after closed session and Vice-Chairman Winkler requested to add a recommendation for appointment under Boards and Commissions.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the October 5, 2009, agenda as amended.
VOTE: Aye-5
Nay-0
NORTHWEST REGIONAL HOUSING AUTHORITY ANNUAL REPORT
Mr. Ned Fowler presented the annual report for the Northwest Regional Housing Authority. Mr. Fowler also requested appointment of the Watauga County Commissioners’ representative to the Northwest Regional Housing Authority Board. Mr. Fowler stated that the appointment was to be effective December 12, 2009.
This report was issued for information only and, therefore, no action was required.
HABITAT FOR HUMANITY REQUEST FOR ASSISTANCE
Mr. Jack Simpson, Member of the Habitat for Humanity Board of Directors, presented a request for assistance from the County’s heavy equipment staff in preparation of their new planned development, Armfield Roost at Green Valley. The development was to be located immediately behind the Green Valley School off Castle Ford Road. The request was for assistance with grading the roads and lots; for stump removal and hauling debris to the landfill, including a waiver of the tipping fee; and for the County crew provide labor for the installation of fences, gravel, and piping for the development.
By consensus, the Board agreed to table consideration until the October 20, 2009, Board meeting to allow the County Attorney time to offer an opinion as to the appropriateness of the County providing the help requested.
TDA REQUEST TO TRANSFER MIDDLE FORK GREENWAY PROPERTIES TO WATAUGA COUNTY
Mr. Eric Woolridge, Outdoor Recreation Planner with the Watauga County Tourism Development Authority (TDA) stated that the Middle Fork Greenway Association had been working for several years to develop a greenway between Boone and Blowing Rock and recently the Watauga County Tourism Development Authority (TDA) had taken on this project. Mr. Woolridge presented a request for the County to accept ownership of the four parcels that the Middle Fork Greenway Association had obtained to date for the establishment of the greenway. The four parcels included .819 acres deeded on Payne Branch; 1.36 acres deeded and an easement for 1.646 acres on Niley Cook Road (known as Goldmine Branch); and 3.568 acres on Sterling Creek (know as the Whitner Tract). Mr. Woolridge requested the parcels be added to the County’s insurance as well as maintenance program.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to accept the transfer of the four parcels, contingent on the County Attorney preparing the appropriate documents.
VOTE: Aye-5
Nay-0
SOIL AND WATER CONSERVATION DISTRICT MATTERS
Mr. Denny Norris, Chairman of the Soil and Water Conservation District, presented the following request regarding the Upper Watauga River Enhancement Project:
A. Upper Watauga River Enhancement (UWRE) Scope Amendment – The Conservation District was working on a project for stream bank restoration in the Foscoe area known as the Upper Watauga River Enhancement Project. Originally, the restoration was to consist of five land owners, but recently, one of the landowners withdrew from the program. The impact to the scope of the project was to be very minimal; however, the grant and loan documents had to be amended to omit the work on this landowner’s property.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the Upper Watauga River Enhancement Project scope amendment as presented.
VOTE: Aye-5
Nay-0
B. Clean Water Report Trust Fund Grant Award Acceptance – The Clean Water Management Trust Fund gave notification of a grant award and agreement in the amount of up to $290,000 for the Upper Watauga River Enhancement Project. These funds were to be used to pay half of the loan from North Carolina Department of Environment and Natural Resources (NCDENR), Construction Grants and Loan (CG&L) Division. The other one-half of the State loan was to be forgiven. The agreement transferred the name of the grant recipient to Watauga County from Western North Carolina Alliance, who had originally submitted the application. A proposed resolution authorizing the approval and acceptance of the grant was presented.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to accept the grant from the Clean Water Management Trust Fund and adopt the Resolution Authorizing the Approval and Acceptance of a North Carolina Clean Water Management Trust Fund Grant as presented.
VOTE: Aye-5
Nay-0
C. NC DENR Construction Grants and Loans (CG&L) Loan Acceptance – A loan agreement from the North Carolina Department of Environment and Natural Resources (NCDENR), Construction Grants and Loan (CG&L) Division, was presented. The amount was for up to $580,000 to fund the Upper Watauga River Enhancement Project. The budget for the project came in lower than expected in the amount of $423,759.92. A proposed resolution accepting the terms of the loan agreement was presented.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to accept the grant and adopt the Resolution Authorizing the Approval and Acceptance of the North Carolina Construction Grants and Loans Program as presented.
VOTE: Aye-5
Nay-0
D. Bid Award Request for UWRE Construction – The Watauga County Soil and Water Conservation District solicited bids for the construction of the Upper Watauga River Enhancement (UWRE) Project. They recommended awarding the contract to the low bidder, Bryants Land Development out of Burnsville, NC, in the amount of $305,485.64. A proposed resolution required by the funding sources to award the bid was presented.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid for the Upper Watauga River Enhancement Project to Bryants Land Development in the amount of $305,485.64 and adopt the Resolution of Tentative Award to Qualified Low Bidder.
VOTE: Aye-5
Nay-0
E. Contract Approval for UWRE Construction Supervision/Administration – A contract with Brushy Fork Environmental, Inc., for supervision/administrative services associated with the Upper Watauga River Enhancement Project was presented. The funding for the contract was included in the $423,759.92 grant and loan funding budget that was presented under Item C. The contract was approved by the Watauga County Soil and Water Conservation District and staff recommended approval based on the County Attorney’s review. Mr. Adam Williams, President of Brushy Fork Environmental, Inc., stated that work was scheduled to begin in April 2010.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the contract with Brushy Fork Environmental, Inc., contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the work was not scheduled to begin until April 2010 due to the trout moratorium that was in effect until then.
PROJECT ON AGING MATTERS
A. Additional Appropriation of State Funds for Senior Centers Request – Ms. Angie Boitnotte presented a request to accept $16,871 in additional State Senior Center funding. Ms. Boitnotte stated that the Lois E. Harrill Senior Center was to receive $12,653 in additional funds which included a 25% local match in the amount of $4,218. The Western Watauga Senior Center was to receive $4,218 in additional funds which included a 25% local match in the amount of $1,406. Ms. Boitnotte stated that funds for the required local matches were included in the Agency’s FY 2010 budget.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to accept the additional State funds for the Senior Centers and approve the local matches as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
B. Presentation of Annual Report – Ms. Boitnotte presented Project on Aging’s Annual Report for Fiscal Year 2009.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to accept the Annual Report as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
PROPOSED PARTF CONVERSION RESOLUTION
Mr. Stephen Poulos, Watauga County Parks and Recreation Director, stated that several of the recreational facilities at the current high school were constructed using a State of North Carolina Park and Recreation Trust Fund (PARTF) Grant. In closing down the facility upon the opening of the new school, a conversion was required to replace the facilities that were originally grant funded. The Parks and Recreation Commission had conducted the necessary public hearing and, therefore, Mr. Poulos presented a resolution asking for the conversion to the new high school location with comparable recreational amenities to be offered for the public. This conversion, if approved by the State, was to satisfy grant requirements. Mr. Poulos also presented a joint use agreement which was required prior to the conversion.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Resolution Supporting Conversion & Replacement of Recreation Facilities Funded by the North Carolina Parks and Recreation Trust Fund and joint use agreement, contingent upon the Watauga County Board of Education’s approval and the County Attorney’s review.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of September 2009.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for September 2009 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the Refunds and Releases Report for September 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
103839-343801 Donations – Animal Control $300
104380-429901 Other Supplies – Donations $300
-429001
The amendment recognized funds received by donation from a Beech Mountain property owner for medical expenses for cats.
Account # Description Debit Credit
143585-353002 ARRA – Daycare $136,052
-323003
145850-449002 Daycare Expense $136,052
The amendment recognized expanded daycare eligibility provided by the American Recovery and Reinvestment Act to provide childcare for eligible individuals to return to school in order to obtain employment.
Account # Description Debit Credit
104199-469199 General Admin – Contingency $10,705
109800-469843 Transfer to New WHS Cap. Project $10,705
-498043
433980-398010 Transfer from General Fund $10,705
435911-469199 Professional Services – Other $10,705
The amendment transferred funds from the General Fund contingency to the New WHS Capital Project Fund for the purchase of two credits toward LEED certification.
Account # Description Debit Credit
135912-435941 Bathroom/Locker Room $12,096
135912-435943 HP Air Conditioner $2,317
135912-435945 WHS Cameras $6,695
135912-435946 Cafeteria Upgrades $34,161
135912-459006 Bethel Drains – ADM & CIP $118,843
135912-449902 Facilities Imp. 07-08 – ADM $20,088
135912-449900 Facilities Imp. 07-08 – County $36,695
133594-344990 Lottery Proceeds 07-08 – CIP $55,269
-349902
133991-399103 Carryover – Previous Years $86,494
133593-359006 Bethel Elementary – ADM $89,132
The amendment recognized the carryover of school projects not completed during FY 09. These projects were funded by a combination of lottery, ADM, and County School CIP funds.
[Clerk’s Note: The above account numbers shown in strikethrough were inadvertently miscoded in the original submission. The correct account numbers are shown below the strikethroughs and the descriptions and amounts were all correct as presented.]
Commissioner Futrelle, seconded by Commissioner Cooper, 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.
Commissioner Cooper, seconded by Commissioner Kinsey, 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
REQUEST FOR RELEASE OF FUNDS FROM HOMELAND SECURITY GRANT PROGRAM
Mr. Joe Furman stated that the County annually received a grant award from Homeland Security to conduct training exercises. This year, Watauga County was to receive $9,900.99. In the past, this had been passed through to the community college to conduct the training exercises. Community colleges were not offering the services this year but services were available through the State of North Carolina. Mr. Furman stated that the State required a memorandum of understanding to pass this money through the County to the State to conduct emergency management training exercises.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to transfer the Homeland Security Grant funds in the amount of $9,900.99 to the State to fund emergency management training exercises and approved the Memorandum of Understanding, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Proposed Flood Damage Prevention Ordinance and Maps – Mr. Joe Furman stated that the County had recently received new flood damage flood insurance maps from the North Carolina Division of Emergency Management which required amendments to Watauga County’s Flood Damage Prevention Ordinance and Maps be adopted by December 3, 2009. A public hearing was required prior to consideration and Mr. Furman recommended that a public hearing be held at the second meeting in October prior to action on the proposed amendments.
Mr. Furman reviewed the major changes which included the following:
A mandatory change in which “Limited Detailed Study” which included “non-encroachment areas” was to replace “un-numbered A zones” found in the current ordinance and maps. The limited detailed study established a base flood elevation as well as the non-encroachment area within the flood plain that was regulated similarly to a floodway.
An optional change, recommended by the Planning Board, was to require all three step elevation certifications. FEMA required one upon completion of construction; however, as a practical matter, the two prior certifications were needed and were currently required in order to confirm that a structure was constructed at the correct elevation.
Another recommended optional change was for the lowest floor of a structure to be constructed one foot above the base flood elevation, also known as a freeboard requirement. The current ordinance required the lowest floor to be at or above the base flood elevation. The amendment was recommended to provide one foot of flood protection and was to enable the owner to purchase flood insurance at an average of a 48% lower premium than the insurance costs with no freeboard. Mr. Furman stated that, for additional savings on insurance, the homeowner could choose to have the lowest floor constructed higher than the required one foot.
The current ordinance did not specifically address new solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities; however, it was recommended that those facilities not be permitted in flood plain areas unless a variance was granted.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to set a public hearing for October 20, 2009, at 6:00 P.M. to allow citizen comment on the proposed amendments to the Watauga County Flood Damage Prevention Ordinance and Maps.
VOTE: Aye-5
Nay-0
B. Green Business Plan Proposed Contract Extension (ASU Energy Center) – Mr. Furman requested a one-year extension to the County’s contract for the Green Business Plan with Appalachian State University. The Economic Development Commission (EDC) originally recommended and has continued to recommend a two-year commitment to the program; therefore, the EDC recommended a one-year extension for this program with funds to be allocated from the EDC budget line.
Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the one-year extension to the Green Business Plan contract with Appalachian State University contingent upon the County Attorney’s review.
VOTE: Aye-4(Deal, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1(Winkler)
[Clerk’s Note: Vice-Chairman Winkler had stepped out of the meeting momentarily and was out when this motion was made and voted on.]
C. Proposed Covenant for Habitat for Humanity Green Valley Project – Mr. Furman stated that, as mentioned earlier in the meeting, Habitat for Humanity was working to develop an affordable housing project behind Green Valley School off of Castle Ford Road. Mr. Furman stated that the Planning and Inspections Department assisted in working with the High Country Council of Governments in providing a required environmental review of the project. The review found a small area of wetlands that needed protection by a responsible entity. All subdivision plats had to be approved by the Planning & Inspections Department as well as the Planning Board. Mr. Furman recommended continued assistance to the Habitat for Humanity by recording the covenant as developed by the County Attorney.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, approved the recordation of the covenant, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Construction Management Contingency Request # 47 – County Manager Nelson presented Construction Management Contingency Request # 47 in the amount of $10,880. The request was for the saw cuttings of openings in the exterior masonry walls to allow for the installation of louvers for the HVAC system. The costs of the louvers were addressed in a previous Construction Management Contingency Request.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency Request # 47 as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Change Order Request # 33 – County Manager Nelson presented Change Order # 33 in the amount of $335,719.31. The Change Order was a compilation of issues that had previously been discussed as well as additional issues that needed to be addressed. The County Manager reviewed the following summary of the Change Order:
|
Change
Order
# 33
|
Description
|
Amounts
|
|
A
|
Electrical breakers/revisions at electrical rooms per Town of Boone review dated
|
$38,443
|
|
B
|
Furnish and install two additional “V” light fixtures per design team request
|
$1,213
|
|
C
|
Furnish and install sheetrock flanges at site outbuildings
|
$6,047
|
|
D
|
Furnish and install additional alarm wiring as required with the addition of 35 sprinkler heads
|
$14,730
|
|
E
|
Furnish and install (8) cord drops per owner instruction
|
$6,488
|
|
F
|
Baseball concessions building (additional windows)
|
$3,000
|
|
G
|
Existing window at mechanical room changed to aluminum storefront to allow owner access – per maintenance request
|
$3,196
|
|
H
|
WHS additional request
|
$19,489.51
|
|
I
|
Condensate piping and drains
|
$52,723.02
|
|
J
|
Cosmetic improvements, steel cover in commons and music areas, stair #8, column wraps, etc.
|
$131,133.28
|
|
K
|
12” CMU wall area 4 3rd floor no wall shown
|
$32,030
|
|
L
|
Additional fire extinguishers and cabinets added per shop drawing review
|
$5,337.40
|
|
M
|
Door hardware modifications per shop drawing review
|
$5,693.05
|
|
N
|
Science classrooms – fume hoods and gas revisions
|
$5,000
|
|
|
* insurance and bonds per contract
|
$11,196.05*
|
|
|
#33 Total
|
$335,719.31
|
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Change Order # 33 in the amount of $335,719.31 as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. S&ME, Inc. Construction Testing Budget Status Report and Requested Contract Amendment – County Manager Nelson stated that the County had contracted with S&ME, Inc., for construction testing at the new high school. The tests were dictated and ordered by the County’s architect. The contract was broken into two parts, one being site preparation and grounds and the other being construction testing for the building. The total spent to date was $443,570. The County Manager stated that staff anticipated an additional $43,000 was needed to complete the required testing prior to completion of the building and, therefore, requested a contract revision and budget amendment in the amount of $43,000 to be allocated from the Administrative Contingency fund, if needed, to cover the additional testing required. The total amount anticipated was $486,570. The County Manager stated that, originally, the County was told to plan for $600,000 in construction testing so the anticipated amount was well within the accepted amount for a project of this size.
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to amend the S&ME contract for construction testing at the new high school to an amount of $486,570 and approve the additional $43,000 to be allocated from the Administrative Contingency, if necessary.
VOTE: Aye-5
Nay-0
D. Proposed Wireless Network Bid Award – Mr. Mike Richter, Tech Facilitator with the Watauga County Board of Education, presented the following bids for wired and wireless network installation at the new high school:
|
Wired Network Bids
|
|||||||
|
Vendor
|
ATT
|
Katalyst
|
Katalyst # 2
|
Enterprise Systems
|
CAD
|
CAD # 2
|
Morse Communications
|
|
Manufacturer
|
Cisco
|
Cisco
|
Cisco
|
Enterasys
|
HP
|
HP
|
Alcatel-Lucent
|
|
Bid
|
$243,737.16
|
$229,722.00
|
$219,164.50
|
$161,800.00
|
$200,907.16
|
$195,900.89
|
$269,610.73
|
|
Reoccurring
|
$25,943.00
|
$2,200.00
|
$10,780.00
|
$1,861.20
|
$499.00
|
$499.00
|
$4,346.00
|
|
5-year costs
|
$373,452.16
|
$240,722.00
|
$273,064.50
|
$171,106.00
|
$203,402.16
|
$198,395.89
|
$291,340.73
|
|
MDF Switch
|
|
|
|
|
|
|
|
|
IDF Switch
|
|
$11,040.00
|
$11,040.00
|
$5,413.50
|
$9,827.45
|
$7,641.82
|
|
|
IDF Switch Cost
|
|
|
|
|
|
|
|
|
# IDF Switches
|
|
$10,557.00
|
$10,557.00
|
$2,803.35
|
$7,641.82
|
$7,641.82
|
|
|
Optics Cost
|
|
11
|
11
|
37
|
11
|
11
|
|
|
Wireless Network Bids
|
|||||||
|
Vendor
|
Xirrus
|
ATT
|
Katalyst
|
Enterprise Systems
|
Converged
|
CAD
|
Morse Communications
|
|
Manufacturer
|
Xirrus
|
Aruba (ATT)
|
Cisco
|
Enterasys
|
Aruba
|
HP
|
Alcatel-Lucent(Aruba)
|
|
Bid
|
$106,040.00
|
$188,730.00
|
$64,201.68
|
$38,033.00
|
$143,852.90
|
$44,191.36
|
$127,019.00
|
|
Recurring Costs
|
$3,675.00
|
$1,655.00
|
$4,300.00
|
$2,580.00
|
$1,611.29
|
$1,798.00
|
$8,635.00
|
|
5 year Cost
|
$124,415.00
|
$197,005.00
|
$85,701.68
|
$50,933.00
|
$151,909.35
|
$53,181.36
|
$170,194.00
|
|
Access Points
|
22 Arrays (176 Aps)
|
125
|
69
|
51
|
125
|
40
|
98
|
|
Adjusted Bid
per 100 Aps
|
$106,040.00
|
|
$82,757.35
|
$70,601.00
|
$118,044.50
|
$78,716.65
|
$127,204.35
|
|
5 year adjusted costs
|
$124,415.00
|
$197,005.00
|
$104,257.35
|
$83,501.00
|
$126,100.95
|
$87,706.65
|
$170,379.35
|
Mr. Richter stated that the Board of Education recommended awarding the bids to a provider that offered Cisco equipment so as to be compatible with existing school systems. Mr. Richter, therefore, requested to award the bid to Katalyst, Inc., which was the lowest bidder that offered Cisco equipment. Mr. Richter stated that Watauga County Schools had a history with Cisco which already provided excellent network equipment, service, and support to the school system and was an industry leader in networking equipment.
The proposed bid for the wired network included a base bid of $219,164.50; a network design consultant fee of $5,000; and one year of maintenance in the amount of $10,780 for a total bid of $234,944.50. The proposed bid for the wireless network included the adjusted bid per 100 Aps of $82,757.35; a network design fee of $5,000; additional network drops for access points fee in the amount of $20,000; and one year of maintenance in the amount of $4,300 for a total bid of $112,057.35 The total of the two proposed bids was $347,001.85.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the bid for wireless and wired network installation using Cisco equipment to Katalyst, Inc., in the amount of $347,001.85 as the lowest responsible bidder due to an excellent history of service provided to the School Board and the compatibility of existing Cisco equipment which was currently used in other applications by the school system.
VOTE: Aye-5
Nay-0
E. Presentation of Bid and Proposed Resolution to begin the Upset Bid Process (Edmisten House) – County Manager Nelson stated that the County received a bid in the amount of $320,000, along with a required deposit in the amount of $16,000, from Opal Mayfield for the County-owned Edmisten House located on Daniel Boone Drive Extension. The bid was submitted by David Chadwick Gryder, Broker, with Mountain Places Properties. The County Manager also presented a resolution which was required to authorize the upset bid process if the bid was accepted. The upset bid process included the bid being advertised for 10 days during which other interested parties were eligible to submit an upset bid based on the terms included in the resolution. The County Manager reminded the Board that they had the right to reject any or all bids at any time during the process.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to accept the bid for the County-owned property located at 282 Daniel Boone Drive Extension, known as the Edmisten House, from Opal Mayfield, via David Chadwick Gryder with Mountain Places Properties, in the amount of $320,000 and adopt the Resolution Authorizing Upset Bid Process.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Blowing Rock School Roof Repair Funding Request – County Manager Nelson stated that the County recently allocated funds earmarked for school use from its Capital Reserve Account for roof repairs at the Blowing Rock Elementary School. At the time of the funding, the State’s construction and lottery funds were frozen. The lottery funds have since been unfrozen and the School Board was eligible to draw down an amount equal to the repair ($83,263.88) to reimburse the Capital Reserve Account.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the submission of the Public School Building Capital Fund North Carolina Education Lottery application in the amount $83,263.88 for roof repairs made to Blowing Rock Elementary School with the funds to be allocated to the County’s Capital Reserve earmarked for Board of Education projects.
VOTE: Aye-5
Nay-0
B. Proposed Contract Renewal for Inmate Meal Provision – County Manager Nelson reviewed a five-year contract renewal with Appalachian Regional Healthcare System (ARHS), to be effective from October 1, 2009, through September 30, 2014, for the provision of the meals to the inmates at the Watauga County Jail. The County has had a long standing contract with ARHS for these meals and the new rates were proposed at $3.05 per breakfast and $4.53 per lunch and dinner with the amounts to be modified by an automatic CPI adjustment each year.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter into the five-year contract renewal, effective October 1, 2009, through September 30, 2014, with Appalachian Regional Healthcare System for inmate meals as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Proposed Resolution to Keep the Hickory Mail Center Open – County Manager Nelson presented a draft resolution from the City of Hickory requesting opposition to the Postal Service’s intention to close the regional mail processing center in Hickory. The processing center currently served an eleven-county region including Watauga County.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the Resolution in Opposition to Loss of Jobs at Hickory Mail Processing and Distribution Center as presented.
VOTE: Aye-5
Nay-0
D. Boards and Commissions – County Manager Nelson stated that Alex Jernigan, Regional Ombudsman with High Country Council of Governments, had requested that Gene Vandiford be considered for appointment to the Watauga County Community Advisory Committee for Adult Care Homes.
This was the first reading of this appointment and, therefore, no action was required.
By consensus, the Board agreed to table the appointment to the Northwest Regional Housing Authority until the October 20, 2009, meeting.
Vice-Chairman Winkler stated that the Council’s of Government in North Carolina were each appointing a member to the Mountain Resource Commission and High Country Council of Governments had made their selection and also had requested that Commissioner Futrelle be appointed to the Commission by the Governor.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to direct the County Manager to send a letter to the Governor in support of Commissioner Futrelle being appointed to the Mountain Resource Commission as a Governor appointee.
VOTE: Aye-5
Nay-0
E. Announcements – County Manager Nelson announced that public community meetings regarding the Citizens’ Plan for Watauga were scheduled for Monday, November 2nd at Cove Creek Elementary School beginning at 6:00 P.M.; Tuesday, November 3rd at Parkway Elementary School beginning at 6:15 P.M. (to accommodate their after-school program); and Thursday, November 5th at the Watauga County Administration Building beginning at 6:00 P.M.
PUBLIC COMMENT
Mr. Curtis Leyshon spoke regarding issues with the Court System.
[Clerk’s Note: The County Attorney informed Mr. Leyshon that he had ample protection from the State to pursue and that Watauga County had no authorization or jurisdiction in the court system on behalf of a private individual.]
CLOSED SESSION
At 10:48 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, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to resume the open meeting at 11:19 A.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the September 15, 2009, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to purchase (buy-out) W.A.M.Y.’s long-term lease for space in the Western Watauga Community Center for $75,000 to be paid in seven annual installments at zero percent (0%) interest with the first payment to be in FY 2010, contingent upon the County Attorney preparing the necessary documents.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Commissioner Cooper, moved to enter into an agreement with the Humane Society in which the County was to contribute a one-time amount of $400,000, to be allocated from the Capital Reserve Account, to go toward a new facility that was to house animals for the Humane Society and the Watauga County Animal Care and Control Department and $75,000 annually toward operating costs, contingent on the County Attorney’s review.
VOTE: Aye-5
Nay-0
Chairman Deal abstained from all discussion and action in the following matter; therefore, Vice-Chairman Winkler called for the following motion.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to direct the County Attorney to proceed with an offer to the Darnell estate, for approximately 45 acres that was adjacent to the County-owned property at the capped landfill, and prepare an agreement with the Tourism Development Authority detailing the terms of their repayment to the County for the property. The offer was to include the following: be in the amount of $909,000 (and include a $10,000 deposit) with a closing to be held within 60 to 90 days and contingent upon the offer being equal to or less than the appraised value. The payment detail was to include the following: the County was to obtain a loan in the amount of $495,000; the TDA was to pay the $414,000 down payment and all associated costs; the TDA was to repay the County in five annual installments, each in an amount equal to the annual debt service payment, with the first payment to be made on December 1, 2010, and the last to be made on December 1, 2014. Also, the Tourism Development Authority was to obtain an appraisal of the property that established the value as equal to or exceeding the asking price.
VOTE: Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
Nay-0
Abstain-1 (Deal)
[Clerk’s Note: Chairman Deal abstained in all discussion and action in the above matter due to his representation of the Darnell family. Chairman Deal stated that, even though he represented the family, Attorney John Turner had handled all issues associated with the purchase of the above property.]
ADJOURN
Chairman Deal adjourned the meeting at 11:24 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board