MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 7, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, December 7, 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.
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the November 24, 2009, regular and closed session minutes.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the November 24, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the November 24, 2009, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
BOARD ORGANIZATIONAL MATTERS
 
            The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
 
            A.        Election of Officers – County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners. 
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to re-appoint Commissioner Deal as Chairman.
 
VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)
              Nay-0
              Abstain-1(Deal)
 
            The meeting was then turned over to Chairman Deal.
 
            Chairman Deal called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. 
 
Commissioner Cooper moved to re-appoint Commissioner Winkler as Vice-Chairman.
 
VOTE:   Aye-4(Deal, Cooper, Futrelle, Kinsey)
              Nay-0
              Abstain-1(Winkler)
 
            B.         Staff Appointments – Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager and Clerk to the Board of Commissioners and Anita J. Fogle as Substitute Clerk to the Board.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey moved to appoint di Santi Watson Capua & Wilson as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that historically the Board had appointed Ms. Fogle as Clerk to the Board and Ms. Angie Ritter and Ms. Monica Harrison as Substitute Clerks to the Board.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to correct the earlier motion and re-appoint Anita J. Fogle as Clerk to the Board and Angie Ritter and Monica Harrison as Substitute Clerks to the Board.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Commissioner Boards & Commissions Appointments – The following Commissioner Board appointments were made by Chairman Deal:
 
 
            Appalachian District Health Department                                                            Kinsey
            AppalCART Authority                                                                                      Futrelle
            Blue Ridge Resource Conservation & Development Area                                  Cooper
            Caldwell Community College &Technical Institute
                Watauga Advisory Board                                                                             Futrelle
            Children’s Council/Child Protection Team                                                         Futrelle
            Committee of 100                                                                                             Cooper
            Community Based Affordable Housing Steering Committee                               Cooper
            Community Council (2 appointees)                                                                    Cooper
                                                                                                                                    Deal
            Criminal Justice Partnership                                                                               Futrelle
            Economic Development Commission                                                                 Cooper
            Educational Planning Committee (2 appointees)                                                 Deal
                                                                                                                                    Futrelle
            EMS Advisory Committee                                                                                Kinsey
            Future Forward                                                                                                Cooper
            High Country Council of Governments – Executive Board                                 Winkler
             Northwest Advisory Council of Advantage West
             Rural Transportation Advisory Committee
            Juvenile Crime Prevention Council                                                                     Futrelle
            Library Board                                                                                                   Winkler
            Motor Vehicle Valuation Review Committee                                                     Winkler
            New River Service Authority Board                                                                  Winkler
            Smoky Mountain LME (Mental Health)                                                            Futrelle
            POA Advisory Committee                                                                                Futrelle
             (Home & Community Care Block Grant)
            Watauga County Cooperative Extension’s Advisory Leadership Board             Kinsey
            Watauga County Energy Park Working Group                                                  Kinsey
            Watauga County Fire Commission                                                                    Kinsey
            Watauga County Medical Center Board of Trustees                                          Deal
            Watauga County Personnel Advisory Committee                                               Deal
            Watauga County Recreation Commission                                                          Deal
            Watauga County Department of Social Services (2 appointments)                     Winkler
                                                                                                                                    Dr. Bobbie Short
            Watauga Opportunities, Inc.                                                                             Cooper
            Western North Carolina Local Government Caucus                                          Deal
            Workforce Development Consortium                                                                Chairman
 
            D.        Fidelity Bonds. The following individual fidelity bonds were presented for approval:
 
Position                                         Bond Amount                Statutory Requirement
 
Finance Director                           $50,000                         At least $10,000, no more
                                                                                                      than $250,000 G.S. 159-29
 
 
 
Deputy Finance Director               $50,000                         Same as above
(County Manager)
 
Tax Collector                                $50,000                         Amount considered reasonable
                                                                                          by BCC G.S. 105-349-c
 
Register of Deeds                          $50,000                         At least $10,000 but no more
                                                                                                      than $50,000 G.S. 161-4
 
Sheriff                                           $25,000                         $25,000 maximum G.S. 162-8
 
                Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the individual fidelity bonds as presented.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Meeting Schedule – Chairman Deal announced that the Board of Commissioners’ regular meetings were currently scheduled for the first Monday of each month at 9:00 A.M. and the third Tuesday of each month at 6:00 P.M.
 
            By consensus, the Board agreed to continue with the current regular schedule for Board of Commissioner meetings for the year 2010.
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the December 7, 2009, agenda.
 
County Manager Nelson requested to add the following to the agenda:
 
Under Item 9B #2: Discussion of DOT Discretionary Funds
Item 9D: Loan Reassignment Request
After Item 9: Courthouse Elevator Replacement Bid Award Request
Under Miscellaneous Administrative Matters: PARTF Waiver Request Letter
Closed Session per G. S. 143-318.11(a)
 
            The County Manager also requested to add to Item 5 (as in italic): Proposed Contract and Discussion of Plan for Child Support Enforcement Services
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the December 7, 2009, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
REQUEST OF SUPPORT FOR DOT INSTALLATION OF A TRAFFIC LIGHT AT THE INTERSECTION OF FARTHING STREET AND KING STREET
 
            Mr. John Heffren requested support in his request for the Department of Transportation (DOT) to install a traffic light at the intersection of Farthing Street and King Street. The widening project currently underway on King Street did not include a light at this intersection; DOT planned to install a paved medium preventing left turns to and from Farthing Street. Mr. Heffren stated that his neighborhood was concerned that a paved median would slow the response time of emergency vehicles when needed. The Town of Boone had endorsed his request and directed that a letter of support be sent to the DOT.
 
            After discussion, Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution in support of the Town of Boone’s position regarding the traffic light installation at the intersection of Farthing and King Streets.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED CONTRACT AND DISCUSSION OF PLAN FOR CHILD SUPPORT ENFORCEMENT SERVICES
 
            Mr. Jim Atkinson stated that child support enforcement services were to be conducted by the County as mandated by the State in their FY 2010 budget. The County was required to notify the State by December 31, 2009, if the services (which were to begin locally July 1, 2010) were to be contracted or provided by the County. 
 
            Mr. Atkinson stated that Maximus proposed to provide child support enforcement services for the County for a three-year time period with two options available. The first option included services provided to Watauga County only at a rate averaging $123,768 annually, less $45,000 in federal incentives, for a final estimated cost of $78,768 per year. The second option included services provided jointly to Watauga and Avery Counties with Watauga County’s portion of the rate averaging $81,028 annually, less $45,000 in federal incentives, for a final estimated cost of $36,028 per year. 
 
            Mr. Atkinson also offered two options available for operating the service through the County. The first option was to relocate the offices (currently leased by the State) to County property at a rate of $51,061 annually, less $45,000 in federal incentives, for a final estimated cost of $6,061 per year. The second option was to continue operations at the current location at a rate of $60,215 annually, less $45,000 in federal incentives, for a final estimated cost of $15,215 per year. Both County operated options include the addition of the following three positions to the County’s Pay and Classification Plan: Child Support Enforcement Supervisor I, Child Support Enforcement I , and a Program Assistant III.
 
            Mr. Atkinson stated that federal incentive amounts were determined as currently collected and may vary dependent upon the success of the level of collections in the future. Mr. Atkinson also stated that, as Social Services Director, he planned to provide oversight for the Child Support Supervisor.
 
            Mr. Atkinson stated that, if the County operated the services, Avery County might be interested in Watauga County providing their services with costs to be shared in a manner similar to the Maximus proposal.
 
            After discussion, Commissioner Futrelle, seconded by Commissioner Cooper, moved to direct staff to: inform the State that Watauga County planned to operate Child Support Enforcement Services internally by July 1, 2010; add the following three positions to the County’s Pay Classification Plan: Child Support Enforcement Supervisor I, Child Support Enforcement I, and a Program Assistant III; fill the newly added positions to become effective July 1, 2010; and negotiate with Avery County to provide their services as well.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of November 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for November 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 November 2009, as presented.
 
VOTE:   Aye-5
              Nay-0
 
BID AWARDS REQUEST FOR ADDITIONAL METHANE COLLECTION WELLS
 
Mr. J. V. Potter stated that, as part of the remediation of the methane gas present in the County’s closed landfill, the Department of Environment and Natural Resources (DENR) recommended the installation of additional collection wells. Two wells were to be replaced and one new well added near the southern boundary of the County’s property to help remediate DENR’s concerns including preventing the potential for off-site spread. Mr. Potter presented bid proposals from the following engineering firms, both of which were capable of providing the service and had a history of working with the County at the landfill area: Carlson Environmental Consultants, PC in the amount of $26,750 and Draper Aden Associates, in the amount of $39,100. Mr. Potter recommended awarding the bid to the low bidder, Carlson Environmental Consultants, in the amount of $26,750. Mr. Potter stated that there were sufficient funds available in the Sanitation Department retained earnings account to cover costs associated with the project.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to award the bid for installation of three methane gas collection wells to Carlson Environmental Consultants, PC, in the amount of $26,750 with funds to be allocated from the Sanitation Department’s retained earnings account.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED RESOLUTIONS AUTHORIZING TRANSFER OF SMAT III UNIT TO WATAUGA RESCUE SQUAD
 
Mr. Steven Sudderth, Fire Marshal/Emergency Management Director, stated that Watauga County was currently in the possession of a SMAT (State Medical Assistance Trailer) III Unit. This unit was awarded to the County through a State grant approximately six years ago; however, Mr. Sudderth recommended that the unit could be better utilized and be easier to be placed in service in times of need if housed at Watauga Rescue Squad. Mr. Sudderth presented a proposed resolution which, upon adoption, was to transfer ownership of the unit, valued at $18,814.49, to Watauga Rescue Squad.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the resolution as submitted which was to transfer ownership of one SMAT III Unit (State Medical Assistance Trailer Vin # 4FPWB243856088910) valued at $18,814.49 to Watauga Rescue Squad for public purpose.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        CDBG Scattered Site Housing Program Matters
1. Proposed Project Ordinance – Mr. Joe Furman, Director of Planning & Inspections and Economic Development, stated that the Community Development Block Grant (CDBG) for Scattered Site Housing had been awarded to Watauga County. Mr. Furman presented a proposed project ordinance as required by the grant. 
 
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to adopt the project ordinance as presented for the Community Development Block Grant (CDBG) Scattered Site Housing Project # 09-C-2010.
 
VOTE:   Aye-5
              Nay-0
 
2. Proposed Administrative Contract with High Country Council of Governments – Mr. Furman presented a proposed contract between High Country Council of Governments and Watauga County for administration of the scattered site rehabilitation grant. Mr. Furman stated that the High Country Council of Governments had administered the previous two Scattered Site Housing grants received by the County as well as several other CDBG programs in the past.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve entering into a contract with the High Country Council of Governments for the administration of Community Development Block Grant Scattered Site Housing Program # 09-C-2010.
 
VOTE:   Aye-5
              Nay-0
 
            B.         DOT Matters
1. Report on Request for Guardrail on Brookshire Road
2. Discussion of DOT Discretionary Funds
 
Mr. Joe Furman shared a response from the Department of Transportation (DOT) regarding the County’s request to install a guardrail adjacent to the soccer fields on Brookshire Road. Mr. Furman stated that the DOT agreed that a guardrail was beneficial at that location; however, funding was not available at this time for the installation of new guardrails. The DOT further stated that if Watauga County, Appalachian State University, and/or the High Country Soccer Association wished to fund the installation, DOT was agreeable to allowing the installation by encroachment agreement, with future maintenance belonging to DOT. DOT stated that the small set of bleachers placed on the right-of-way between the roadway and retaining wall needed to be removed. DOT also stated that the County could pursue a “No Parking” zone for the locations along the Soccer Complex’s roadway frontage to address the parking problems.
 
County Manager Nelson stated that he had spoken with Representative Tarleton who had stated that DOT’s budget contained some discretionary funds that Watauga County could request again this year. The County Manager stated that the County received $250,000 in discretionary funds in FY 2009 for road construction at the new high school location and recommended that the Board request the following: up to $15,000 for the installation of guardrails on Brookshire Road; up to $200,000 for right-of-way acquisition associated with road construction at the new high school; and up to $35,000 for greenway trail construction at Brookshire Park.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution requesting, as a first priority, up to $200,000 in DOT discretionary money for right-of-way acquisition related to new high school road construction.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt a resolution requesting, as a second priority, up to $15,000 in DOT discretionary money for the installation of guardrails on Brookshire Road at the site of the Soccer Complex.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution requesting, as a third priority, up to $35,000 in DOT discretionary money for greenway extension construction at Brookshire Park.
 
VOTE:   Aye-5
              Nay-0
 
            C.        American Recovery and Reinvestment Act Recovery Zone Bonds Matters
1. Proposed Notice of Intent to Issue Recovery Zone Bonds
2. Proposed Resolution Designating Recovery Zone
 
            Mr. Furman stated that Watauga County was eligible to issue Recovery Zone Bonds in two forms: $4,524,000 was available through economic development bonds and $6,786,000 was available through facility bonds. To issue the bonds a Notice of Intent was required to be forwarded to the State of North Carolina by December 15, 2009. The Notice of Intent did not obligate the County but merely gave the County the option of utilizing the bonds in the future. 
 
Mr. Furman proposed, based upon Board direction, that the County identified an indoor recreation facility for Recovery Zone Economic Development Bonds in the amount of $4,524,000. The purpose of this project was to construct an 80,000 square foot indoor recreation facility on County-owned property. The County also planned to request reallocated Recovery Zone Economic Development Bonds for this project as well. 
 
Mr. Furman proposed, based upon Board direction, that the County identify the current high school site as a mixed use complex for Recovery Zone Facility Bonds in the amount of $6,786,000. Watauga County planned to sell the site of the current high school, since a new high school was being constructed, to a private developer for a mixed-use complex. Bonds for this project were proposed to be used for non-residential complex components of the project only. 
 
Mr. Furman stated that the Economic Development Bonds were for public use and the Facility bonds for private use. 
 
            Mr. Furman presented a proposed resolution designating Watauga County as a Recovery Zone which was required if a Notice of Intent was to be submitted.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the resolution as presented which designated Watauga County as a Recovery Zone.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper moved to direct Mr. Furman to submit a Notice of Intent to Issue Recovery Zone Bonds to the North Carolina Tax Reform Allocation Committee as follows: a Recovery Zone Economic Development Bond allocation in the amount of $4,524,000 to construct an indoor recreation facility on County-owned property and a Recovery Zone Facility Bond allocation in the amount of $6,786,000 to be available for a private developer who may purchase the current high school site for the construction of a mixed use complex with the allocation to be used for non-residential components of the complex project.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Loan Reassignment Approval Request – Mr. Furman presented the historical background on the relocation of the Assisted Living Facility owned by Lynnhaven II, LLC. The relocation was necessitated by the flood area mitigation in the Anne Marie Drive area. The County was the recipient of a pass through loan from the Community Development Block Grant (CDBG) to assist with the relocation and construction of the new facility which was assumed by Lynnhaven as part of the construction funding for the new facility, Glenbridge. The loan was to be paid by Lynnhaven to the state through the financing institution which also loaned Lynnhaven the remainder of the construction money. In 2001, and again in 2005, the loan was refinanced and each time an amendment was made to the Loan Participation Agreement. Each time the County had to give approval for the amendment due to participation in the receipt of the original CDBG funds.
 
            Mr. Don Watson, Attorney for Lynnhaven II, LLC, presented a proposed third amendment to the loan participation agreement to refinance construction/relocation loans for the nursing home. The loans were to be transferred from the Bank of the Carolinas to Highlands Union Bank and repayment of the CDBG funds was to be assigned to Highlands Union Bank as well. Due to the CDBG recipient having been the County, it was necessary for the County to, once again, approve the assignment of repayment to Highland Union Bank.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the assignment of repayment of the Community Development Block Grant to the Highland Union Bank, contingent upon the State’s approval, all papers being in order, and review by the County Attorney.
 
VOTE:    Aye-5
               Nay-0
 
COURTHOUSE ELEVATOR REPLACEMENT BID AWARD REQUEST
 
            Mr. Robert Marsh, Maintenance Director, stated that the Courthouse elevator failed in October and subsequent inspections by elevator repair companies confirmed that the assembly was not repairable; therefore, the elevator assembly (hydraulic lift & components) had to be replaced. Mr. Marsh published a Notice to Bidders in November for the purpose of soliciting qualified bidders for the replacement of the elevator assembly components. The following bids were received:
 
Vendor
Bid Amount
Southern Elevator
 Charlotte, NC
*$32,334.67
Otis Elevator
 Asheville, NC
$27,170.00
Schindler Elevator Corporation
 Greenville, SC
$23,795.00
* Number amount off by $10
 
Mr. Marsh recommended the Board award the bid to the low bidder, Schindler Elevator Corporation, in the amount of $23,795 and requested an additional $10,000 to be available as a contingency due to the depth of the hydraulic system and potential problems that may arise during the replacement.
 
Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid for the replacement of the Courthouse elevator components to the low bidder, Schindler Elevator Corporation, in the amount of $23,795 and approve a contingency of up to $10,000 for the project with all funds to be allocated from the Capital Reserve Account.
 
VOTE:    Aye-5
               Nay-0
 
NEW HIGH SCHOOL MATTERS
 
            A.        Construction Management Contingency Requests #’s 49-53 – County Manager Nelson presented the following Construction Management Contingency Requests (CMCR) for the new high school project:
 
CMCR # 49 was in the amount of $629.49 for installing a manhole extension riser to prevent surface water from entering the vault and flooding the floors.
 
CMCR # 50 was in the amount of $11,354.42 for mechanical ductwork revisions in the main gymnasium. 
 
CMCR # 51 was in the amount of $7,620 for the relocation of a generator due to code requirements for the separation distance from the exterior entrance to the mechanical room.
 
CMCR # 52 was in the amount of $16,994 for electrical wiring for the solartubes located above the science classrooms in areas 4 and 5.
 
CMCR # 53 was in the amount of $12,207.74 for revisions and modifications to the site water and sewer utilities at the concessions building for outdoor sports.
 
County Manager Nelson stated that all five of the issues were related to discrepancies in construction drawings for the project and, therefore, were appropriate to be taken from the Construction Management Contingency Fund.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency Requests #’s 49-53 as presented by the County Manager.
VOTE:   Aye-5
              Nay-0
 
B.         Change Order Request # 36 – County Manager Nelson presented Change Order Request # 36 in the amount of $44,337 for the installation of additional gas piping and water sources to the science classroom as requested by the Board of Education. This amount was to be taken from the project’s FF&E allocation.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve Change Order # 36 for the new high school project in the amount of $44,337 as requested by the Watauga County Board of Education.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Request from TDA for Waiver of Retroactivity Letter for Parks and Recreation Trust Fund (PARTF) – Chairman Deal stated that the Watauga County Tourism Development Authority (TDA) requested a letter for the waiver of retroactivity for PARTF grant funding on the Rocky Knob Project prior to the closing on the Darnell property.  The Chairman stated that approval of the waiver did not obligate the County to request a PARTF for this particular project; however, should the County choose to do so, the opportunity would be available. The Chairman stated that the Watauga County Recreation Commission planned to present a recommendation for which projects to submit a PARTF grant application.
 
            County Manager Nelson stated that, in the event the County chose to apply for the PARTF grant for the TDA’s Rocky Knob Project, then the County would need to review and potentially revise the financing agreement with the TDA regarding the Darnell property purchase to assure the County is fully reimbursed for the property.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to execute the letter requesting a waiver of retroactivity so the County may submit a 2010 PARTF Grant application.
 
VOTE:   Aye-5
              Nay-0
 
[Clerk’s Note: Commissioner Futrelle had to leave the meeting at 10:30 A. M. due to a prior commitment.]
 
B.         Appointment of Board Members to Interview Panel for Finance Director Position – County Manager Nelson requested an interview panel be established to interview candidates for the Finance Director position which was to become vacant upon the retirement of Ms. Doris Isaacs. The County Manager stated that a preliminary review of applications received had been conducted by staff. Staff recommendation was for the Manager; Deputy Manager; and a Department Head, Ms. Angie Boitnotte, Project on Aging Director, as well two Commissioners to formulate the panel.
 
            By consensus, the Board agreed to appoint County Manager Rocky Nelson, Deputy County Manager Deron Geouque, Project on Aging Director Angie Boitnotte, Vice-Chairman Winkler, and Commissioner Cooper to the interview panel for the Finance Director position with the County Manager to serve as the Chairman.
 
C.        Announcements – County Manager Nelson announced that Charter Communications was required to present its annual rate justification filing. The County Manager presented a copy and noted that Charter may, or may not, implement a rate change within 90 days based on the new justification. 
 
The report from Charter was given for information only and, therefore, no action was required.
 
            County Manager Nelson stated that the Watauga County Parks and Recreation Department had scheduled three community meetings to discuss resident’s needs and desires for future improvements and additions to recreational opportunities provided in the County. The first meeting was held on December 2nd and the remaining meetings were scheduled for Monday, December 14, 2009, 7 P.M., at Parkway Elementary School Gym; and Thursday, December 17, 2009, 7 P.M., at Hardin Park Elementary School Gym.
 
            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.
 
CLOSED SESSION
 
            At 10:35 A.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-1(Futrelle)
 
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 11:12 A.M.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-1(Futrelle)
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 11:12 A.M.
 
 
Jim Deal, Chairman 
 
ATTEST:
Anita J. Fogle, Clerk to the Board