• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 2, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, November 2, 2009, at 9:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
                                                John Cooper, Commissioner
                                                Tim Futrelle, Commissioner
                                                Winston Kinsey, Commissioner
                                                Anthony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Deputy County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Deal called the meeting to order at 9:01 A.M., welcoming those in attendance.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the October 20, 2009, regular and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the October 20, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the October 20, 2009, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the November 2, 2009, agenda.
 
            Chairman Deal stated that a Report on the Progress of the Establishment of the Community Housing Trust was requested to be added under Item 7.
 
            County Manager Nelson planned to present Item 4 as Ms. Gray was not able to be present due to illness.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the November 2, 2009, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED “I-HAVE-A-DREAM” WEEK PROCLAMATION
 
            County Manager Nelson presented a proposed proclamation declaring the week of January 15-24, 2010, as “I-Have-A-Dream” Week in Watauga County. The proclaimed week was scheduled to celebrate diversity and discourage prejudice and discrimination in Watauga County.
 
            Changes were suggested to paragraph 4 as follows:
 
“WHEREAS, the well-being of the whole of humankind, its peace and security, are unattainable unless and until when its unity is firmly established; and”
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the proclamation as amended.
 
VOTE:   Aye-5
              Nay-0
 
TOURISM DEVELOPMENT AUTHORITY GRANT APPLICATION REQUESTS
 
            Mr. Eric Woolridge, Outdoor Recreation Planner, Watauga County Tourism Development Authority (TDA), requested the County apply for the four recreational grants as follows with any local match, if required, to be funded by the Watauga County TDA:
 
            The Bikes Belong Foundation grant application, in the amount of $10,000, had to be submitted by November 26, 2009. The Conservation Fund grant application, in the amount of $15,000, had to be submitted in January 2010. Both grants were for the development of trails at Rocky Knob Park and were in partnership with Boone Area Cyclists, Inc., a local non-profit organization which has committed volunteer assistance in trail development.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the grant application submission to the Bikes Belong Foundation in the amount of $10,000 with local match to be funded by the TDA.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the grant application submission to the Conservation Fund in the amount of $15,000 with local match to be funded by the TDA.
 
VOTE:   Aye-5
              Nay-0
 
            The Recreation Trails Program (RTP) grant application in the amount of $75,000 was to be submitted for federal government funding and administered by the State. The deadline for application submission was late January 2010 and the funds, if received, were to be used for a paddle trail access park at the intersection of Hwy 321 and Old Watauga River Road. The 3-acre tract for this project has been donated by the landowner.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the grant application submission to the Recreation Trails Program in the amount of $75,000 with local match to be funded by the TDA.
 
VOTE:   Aye-5
              Nay-0
 
            The fourth request was for support of a request to the High Country Council of Governments for consideration of the Phase 1 Middle Fork Greenway: the Tweetsie, Mystery Hill, and Sterling Creek Park Connector in the amount of $226,000. The High Country Council of Governments submitted the proposal as a request to add the project to the North Carolina Department of Transportation, Bike and Pedestrian Division, Transportation Improvement Program for future funding.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the request to add Phase 1 Middle Fork Greenway: Tweetsie, Mystery Hill, and Sterling Creek Park Connector project to the North Carolina Department of Transportation Bike and Pedestrian Division Transportation Improvement Program, in the amount of $226,000.
 
VOTE:   Aye-5
              Nay-0
 
PROJECT ON AGING MATTERS
 
A.        FY 2010 Home & Community Care Block Grant Budget Revision Request – &
B.         Proposed American Recovery and Reinvestment Act Nutrition Allocation Agreement – Ms. Angie Boitnotte, Director of the Project on Aging, stated that the NC Division of Aging and Adult Services had received funding under the American Recovery and Reinvestment Act (ARRA) for use by elderly nutrition programs. Ms. Boitnotte stated that the County’s allocation was $11,758 and required a 10% local match, which was available in the Agency’s current budget.
 
Ms. Boitnotte presented the following budget amendments as recommended by the Home and Community Care Block Grant planning committee detailing the expenditure of the $11,758 as follows:
 
Service
H&CCBG
ARRA
Net Change
% of Change
In-Home Aide
$5,140
 
$5,140
+ 4%
Congregate Meals
- $5,140
$7,880
$2,740
+ 7%
Home Delivered Meals
 
$3,878
$3,878
+ 5%
Total
$0
$11,758
$11,758
 
 
Ms. Boitnotte presented the following two agreements which were required to accept the ARRA funds: 1) an Agreement for the Provision of County-Based Nutrition Services for the Elderly through the American Recovery and Reimbursement Act of 2009 and 2) an Award Provisions agreement for ARRA Funds with County Nutrition Program Providers.
 
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the budget amendment as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to accept the ARRA funds and approve the two agreements as presented by Ms. Boitnotte.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        Report on American Recovery and Reinvestment Act Recovery Zone (RZ) Bonds – Mr. Joe Furman reported on the opportunity for Watauga County to participate in the American Recovery and Reinvestment Act (ARRA) Recovery Zone Bonds. Mr. Furman stated that Watauga County had been allocated $4,524,000 in RZ Economic Development Bonds which were for public capital projects, including County projects, and allowed for a 45% reimbursement of the interest paid to the lending institution. Mr. Furman stated that Watauga County had also been allocated $6,786,000 in RZ Facility Bonds. These bonds were to have a lower interest rate because the interest was to be tax-exempt to the investors. Mr. Furman stated that he knew of one potential project. Mr. Furman stated that, if the County was interested in participation, requirements had to be met by resolution by December 15, 2009, which entailed designation of the “Recovery Zone” and the establishment of projects. Mr. Furman stated that if the County waived participation, the State was authorized to reallocate the County’s allotment.
 
By consensus, the Board agreed to set a date, after checking calendars, for a session to review the County’s Capital Improvement Plan for the purpose of potential participation in the ARRA Recovery Zone Bonds.
 
                [Clerk’s Note: The November and December meeting schedules were reviewed and amended at the end of the meeting as recorded after the closed session.]
 
            B.         Proposed 2010 Census Partner Resolution – Mr. Furman presented a proposed resolution in support of an accurate 2010 census, as requested by the US Census Bureau. The resolution encouraged all to participate in the census which was to assist in obtaining accurate information. Mr. Furman also presented a list of activities in which the Census Bureau requested participation.
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to adopt the resolution as presented.
 
VOTE:   Aye-5
              Nay-0
 
            By consensus, the Board directed Mr. Furman and his staff to work with the Census Bureau and authorized him to determine activities appropriate for staff’s participation.
 
            C.        Report on the Progress of the Establishment of the Community Housing Trust – Mr. Furman gave an update on the establishment of the Community Housing Trust. Mr. Furman stated that the initial board consisted of himself, Chelsea Garrett, and Scott Eggers. Mr. Furman reviewed a list of a proposed Board of Directors and a draft of bylaws for the Trust. Mr. Furman stated that the annual meeting for the Trust Board was to be in March with their fiscal year running from July 1 through June 30. 
 
            Ms. Chelsea Garrett reviewed the bylaws covering how the Board was to be designated and stated that the bylaws could be revised to reduce the number of initial appointments.
 
            This report was given for information only and, therefore, no action was required.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of October 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for October 2009 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for October 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
103300-341200           NCACC-Wellness Grant                                                          $5,740
104199-449902           Wellness Grant                                                  $5,740
 
            The amendment recognized the award of a wellness grant through the NCACC health insurance pool.
 
            Account #                    Description                                                           Debit             Credit
103300-343106           Domestic Violence – NCDCCPS                                           $47,062
104314-412100           Salaries - Regular                                            $32,445
104314-413300           Supplemental Retirement - LEO                         $1,622
104314-418100           Social Security Cont.                                         $2,482
104314-418200           Retirement Cont.                                               $1,577
104314-418300           Hospital Ins. Expense                                        $5,452
104314-418600           Worker’s Compensation                                    $1,454
104314-418901           Other Fringe – $30/month                                     $360
104314-426000           Office Supplies                                                     $500
104314-439500           Training                                                             $1,000
                                                                                                             $1,170
 
            The amendment recognized the award of a NCDCCPS grant for a second domestic violence officer. Matching funds will be provided by furnishing a vehicle, uniforms, and other equipment.
 
            Account #                    Description                                                           Debit             Credit
103839-343302           Town of Blowing Rock – Code Red                                         $1,500
104330-442200           Code Red Annual License                                 $1,500
 
            The amendment recognized funds from Town of Blowing Rock for use of the Code Red system.
 
            Account #                    Description                                                           Debit             Credit
103300-343103           DOJ – Justice Assist. Grant - ARRA                                      $11,280
104210-442202           Annual Software Maintenance                            $1,224
104210-449900           CJIS/NCIC Wireless Interface                             $790
104210-449908           CJIS/NCIC Monthly Access                                $720
                                                                                                                $766
104210-452003           Capital Outlay – Computer Equipment               $3,000
104310-452103           Capital Outlay – Computer Software                 $5,500
104210
 
            The amendment recognized the award of a grant from the US Department of Justice as part of the ARRA. Funds will be used to purchase two laptops and speech recognition software to decrease time involved in typing reports.
 
            Account #                    Description                                                           Debit             Credit
103980-398121           Transfer from Capital Reserve                                                 $64,980
104285-457001           Capital Outlay – Land Improvements               $64,980
213991-399101           Fund Balance Approp. - New                                                $64,980
219800-498010           Transfer to General Fund                                 $64,980
 
            The amendment transferred additional funds needed for the installation of water and sewer lines at the Brookshire Park soccer complex. The contract with Waters Brothers Construction was approved at the September 15, 2009, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
103300-341429           TDA – Recreation Program                                                    $10,000
104199-457000           Capital Outlay – Land Purchases                     $10,000
 
            The amendment recognized the receipt of funds from the Watauga County District U TDA for the earnest money deposit for the Darnell property.
 
                [Clerk’s Note: The above account numbers and amounts shown in strikethrough were inadvertently miscoded in the original submission. The correct account numbers and amounts are shown below the strikethroughs. The approved totals did not change.]
 
            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 Vice-Chairman Winkler, 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.        Bid Proposals for Darnell Property Financing – Ms. Isaacs stated that the request for proposals for the installment purchase financing for the acquisition of the Darnell heirs’ property, adjacent to the landfill, were sent to seven financial institutions with three submitting proposals as follows: 
 
Financial Institution
Amount
Repayment Term
Payment Frequency
Rate
Total Debt Service
One-Time Costs
BB&T
$495,000
5 – year
6 – year
Quarterly
Annually
2.97 %
3.29 %
$553,591.46
$551,999.25
0
0
            Close by December 1st/prepayment penalty of 1%.
High Country Bank
$495,000
5 – year
6 – year
Quarterly
Annually
3.99 %
4.14 %
$574,677.42
$593,241.53
$1,240
$1,240
                Requires primary banking relationship. Balloon payments due/10 year amortization.
                No prepayment penalty.
Wachovia
$495,000
5 – year
5 – year
Quarterly
Annually
4.53 %
4.53 %
$553,861.70
$562,270.50
$5,500
$5,500
                Close by December 1st/Prepayment not allowed.
Bank of America
No Bid
 
 
 
 
 
RBC
No Bid
 
 
 
 
 
First Citizens
No Bid
 
 
 
 
 
SunTrust
No Bid
 
 
 
 
 
 
Ms. Isaacs stated that the Watauga County Tourism Development Authority (TDA) requested annual payments as the TDA was to reimburse the County annually for the purchase. Therefore, Ms. Isaacs recommended the County accept the annual repayment proposal as submitted by BB&T.
 
            County Manager Nelson stated that all costs associated with the purchase, including those required by the financing entities, were the responsibility of the TDA. The County Manager also stated that both a survey and Phase I Environmental Study had been ordered and Ms. Isaacs’ stated that the flood certification was completed.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to award the installment purchase financing for the acquisition of the Darnell heirs’ property to BB&T with annual payments at 3.29% interest for a total debt service of $551,999.25 with the Watauga County Tourism Development Authority to be responsible for any and all associated costs.
 
VOTE:   Aye-4 (Winkler, Cooper, Futrelle, Kinsey)
              Nay-0
              Abstain-1 (Deal)
 
                [Clerk’s Note: Chairman Deal abstained in the action on 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.]
 
RECOMMENDED CONTRACT AWARD FOR MEDICAL INSURANCE RENEWAL
 
            Deputy County Manager Geouque presented a proposal to continue medical insurance coverage for County employees with CIGNA through the North Carolina Association of County Commissioners (NCACC) insurance pools. The Deputy County Manager stated that the original renewal rate was 20.8%; however, staff had negotiated the increase in premiums to 17.8% with no reduction in benefits. Adequate funds were projected and currently budgeted to cover the increase.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the renewal of medical insurance coverage for County employees with CIGNA through the North Carolina Association of County Commissioners insurance pools as presented by the Deputy County Manager.
 
VOTE:   Aye-5
              Nay-0
 
NEW HIGH SCHOOL MATTERS
 
            A.        Change Order Request # 34 – County Manager Nelson presented Change Order # 34 for the new high school project, in the amount of $2,418. The Change Order was requested by the School Board to delete an exterior canopy at the front of the building and construct and extend a similar canopy over the handicapped-accessible ramp at the northern end of the building where buses load and unload.
 
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve Change Order # 34 for the new high school project in the amount of $2,418 as presented.
 
VOTE:   Aye-5
              Nay-0
 
B.                 Sign Package Bid Award Request &
C.                 Marker and Tack Board Package Bid Award Requests – County Manager Nelson presented two contracts for the new high school project. The first, with AOA Signs, Inc., was for signage, in the amount of $41,670.  The second, with WJ Office City, was for marker and tack boards, in the amount of $48,580. Both were the low bidders and were recommended by the School Board.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to award the contracts to AOA Signs, Inc., for signage, in the amount of $41,670 and WJ Office City, for marker and tack boards, in the amount of $48,580 as recommended by the School Board.
 
VOTE:   Aye-5
              Nay-0
 
D.        Board of Education Request for Additional Change Orders – County Manager Nelson stated that the School Board had requested that the Board of Commissioners approve two future Change Orders for the high school project. The first, in an amount not to exceed $18,000, was for stonework to apply a finish veneer to two retaining walls. This was both an aesthetic and structural request in that one of the walls was to help support the foundation for the relocated canopy cover at the north end of the building where the buses load and unload. The second, in the amount of $1,500, was for the relocation of a large rock from the eastern side of the property to the landscaped area near the front of the school. This was to be designated as the “Spirit Rock” for the new high school and was a less expensive alternative than moving the “Spirit Rock” located at the current school. Both of the Change Orders were to be funded from the School Board’s FF&E allowance.
 
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the requested future Change Orders in the amounts of up to $18,000 for stonework and $1,500 for the relocation of the “Spirit Rock” as requested by the School Board with funds to be allocated for these expenses from the FF&E budget line.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Boards and Commissions – County Manager Nelson stated that Mr. Brent Graybeal had requested an appointment be made to the Watauga County Board of Adjustment for a term that was to expire in November. Ms. Janet Miller, the current member, was willing to continue to serve if reappointed.
 
            County Manager Nelson stated that the Watauga Medical Center Board of Trustees had recommended the following for reappointment to their Board: Mr. Keith Tester, Ms. Margaret “Pinky” Hayden, and Mrs. Jan Winkler. Each appointment was for a three-year term beginning January 1, 2010, and ending December 31, 2012.
 
            The above were first readings and, therefore, no action was required at this time.
 
County Manager Nelson stated that the Board’s appointment to the Northwest Regional Housing Authority needed to be made by December 12, 2009.
 
            Vice-Chairman Winkler nominated Mr. Billy Martin, as a first reading, to the Northwest Regional Housing Authority. This was a first reading and, therefore, no action was required at this time.
 
B.         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.
 
            Commissioner Kinsey encouraged Board members and citizens to attend the community meetings.
 
            County Manager Nelson announced that the County Christmas Luncheon was scheduled for Tuesday, December 15, 2009, from 12:00 P.M. to 2:00 P.M. at the Dan’l Boone Inn.
 
PUBLIC COMMENT
 
            There was no public comment; however, Chairman Deal welcomed students that were in attendance from various Appalachian State University classes.
 
CLOSED SESSION
 
            At 10:12 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).
 
VOTE:   Aye-5
              Nay-0
 
Commissioner Futrelle, seconded by Commissioner Cooper, moved to resume the open meeting at 10:49 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ACTION AFTER CLOSED SESSION
 
            After referring to schedules, Commissioner Cooper, seconded by Commissioner Futrelle, moved to make the following changes to the regular Board meeting schedule for November and December 2009: the second regular Board meeting in November was to move from Tuesday, the 17th, to Tuesday, the 24th, and begin at 5:00 P.M. to allow for a work session to be included on the agenda for the discussion of capital projects; the first meeting in December was to remain as scheduled on the 7th and begin at 9:00 A.M.; the second meeting in December was cancelled.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 10:53 A.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board