MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 4, 2010
The Watauga County Board of Commissioners held a regular meeting on Monday, January 4, 2010, 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 December 7, 2009, regular and closed session minutes.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the December 7, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the December 7, 2009, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the January 4, 2010, agenda.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the January 4, 2010, agenda as presented.
VOTE: Aye-5
Nay-0
PARKS AND RECREATION MATTERS
A. Parks and Recreation Trust Fund (PARTF) Grant Application Request – Mr. Stephen Poulos presented a recommendation from the Watauga County Parks and Recreation Advisory Board to partner with the Watauga County Tourism Development Authority (TDA) in submitting a PARTF Grant for the Rocky Knob Park. Prior to submission, a public hearing was required and Mr. Poulos requested it be scheduled on January 19, 2010. Mr. Eric Woolridge with the TDA stated that the trails at Rocky Knob Park were proposed to be both for biking and hiking.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to set a public hearing for January 19, 2010, to allow for citizen comment on the proposed PARTF grant application for Rocky Knob Park.
VOTE: Aye-5
Nay-0
B. Proposed Swim Fee Rate Increase – Mr. Poulos presented the following amended fee schedule for the Swimming Pool Complex:
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Proposed Swim Membership Pass Fees
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1 Month Pass
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3 Month Pass
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6 Month Pass
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Youth
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$20
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$55
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$102
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Adult Individual
(kids free)
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$35
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$84
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$147
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Couple
(kids free)
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$65
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$156
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$273
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Senior
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$25
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$60
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$105
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Senior Couple
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$45
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$108
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$189
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Mr. Poulos recommended not continuing one-year passes as that was not standard statewide. Daily fees were proposed to remain at current rates which were $3.50 for youth/seniors and $4.00 for adults. A $15.00 daily family pass, for immediate family members, was also available and proposed to remain the same.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the swim fee rate schedule as proposed.
VOTE: Aye-5
Nay-0
C. Joint Use Agreement with Board of Education for Athletic Facilities – Mr. Poulos stated that the Joint Use Agreement with the Board of Education that was previously approved had been amended prior to adoption by the School Board. The agreement was required for the PARTF conversion process as well as obtaining LEED consideration for community use of the athletic facilities at the new high school.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the amended Athletic Facilities Joint Use Agreement as presented.
VOTE: Aye-5
Nay-0
D. Resolution Supporting Conversion & Replacement of Recreation Facilities Funded by the NC PARTF – Mr. Poulos stated that the athletic complex located at the current high school property was constructed, in part, with PARTF grant funding. The athletic facilities had to be relocated or “converted” to the new school site to remain in compliance with PARTF regulations that required the facilities be available for public use. The Athletic Facilities Joint Use Agreement met the stipulation that the facilities were open to the public. Mr. Poulos presented a required resolution supporting the conversion and replacement of the recreation facilities funded by the North Carolina Parks and Recreation Trust Fund.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of December 2009.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for December 2009 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for December 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
663991-399101 Retained Earnings Approp. – New $165,468
667420-457001 Capital Outlay – Land Improvements $31,525
667420-455002 Capital Outlay – Other Equipment $115,343
667420-458000 Capital Outlay – Building $18,600
The amendment appropriated funds from the Solid Waste Enterprise Fund retained earnings to fund the Gas To Energy Program. This appropriation was approved at the November 24, 2009, Board meeting.
Account # Description Debit Credit
213991-399101 Fund Balance Approp. – New $212,900
219800-498010 Transfer to the General Fund $212,900
103980-398121 Transfer from Capital Reserve $212,900
104261-458000 Capital Outlay – Building Improvements $212,900
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the remainder of the funds needed to complete the Courthouse HVAC system renovation. Capital Reserve funds remaining from the Administration Building, in the amount of $169,840; Courthouse Parking, in the amount of $31,137; and the Courthouse Complex, in the amount of $11,923, were to be expended for the Courthouse HVAC project.
Account # Description Debit Credit
243101-312902 Blowing Rock/TOB Contract – FY 10 $22,745
244340-469902 Pay to Blowing Rock/TOB Contract $22,745
283101-312912 Taxes – Blowing Rock Rural – FY 10 $18,011
284340-469912 Pay to Blowing Rock Fire District $18,011
The amendment recognized Blowing Rock Rural Fire Service District’s contract with Town of Boone to provide fire service in a portion of the Blowing Rock Rural Fire Service District that did not fall within their six-mile fire protection insurance district. This contract reduces the fire district taxes paid to Blowing Rock Rural Fire Service District.
Account # Description Debit Credit
143839-353100 Donations – Foster Children $514
143839-353101 Donations – Adult Services $654
143839-353102 Donations – Child Protective Services $225
145310-449902 Foster Children’s Fund $514
145310-449903 Adult Services Fund $654
145310-449904 Child Protective Services $225
The amendment recognized November and December donations for the DSS discretionary funds.
Account # Description Debit Credit
213991-399101 Fund Balance Approp. – New $33,795
219800-498010 Transfer to the General Fund $33,795
103980-398121 Transfer from Capital Reserve $33,795
104261-435200 M & R - Equipment $33,795
The amendment recognized the transfer of funds from the Capital Reserve Fund Courthouse set-a-side to the General Fund for the Courthouse elevator repair. This transfer was approved at the December 7, 2009, Board meeting.
Account # Description Debit Credit
663991-399101 Retained Earnings – New $26,750
667420-469199 Professional Services - Other $26,750
The amendment appropriated retained earnings to fund additional collection wells at the landfill per DENR recommendation. This appropriation was approved at the December 7, 2009, Board meeting.
Commissioner Cooper, seconded by Commissioner Futrelle, 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 Futrelle, 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
CHANGE ORDER REQUEST FOR OLD COVE CREEK GYM ROOF REPLACEMENT PROJECT
Mr. Robert Marsh presented a change order for the Old Cove Creek Gym Roof Replacement Project. The change order was for the replacement of rotten wood discovered during the demolition of the old asphalt shingle roof and additional work required to replace a small section of gutters that were not originally part of the project scope. The cost for the additional work was $4,988. The project budget included a $3,500 contingency; therefore, the net amount of the change order was $1,488. Mr. Marsh stated that funds were available in the current Maintenance Repair Budget to cover the expense.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Change Order for the Old Cove Creek Gym Roof Replacement Project as presented.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Hospitality House Project Discussion – Mr. Joe Furman presented a program report on construction of the new Hospitality House. Mr. Furman stated that the dirt originally planned for fill behind the retaining walls was too wet for use due to the recent excessively wet weather. At a recent construction meeting, it was decided to pursue using gravel as a fill rather than halting construction until spring while waiting for the dirt to dry. The costs associated with using gravel were not currently available. In anticipation of the added expense, Mr. Furman had reviewed the budget and was of the opinion that the total amount budgeted for administrative costs would not be expended. Mr. Furman requested permission for up to $25,000 to be available for reallocation from administrative expenses to construction expenses. Mr. Furman stated that a formal change order would be presented at a future meeting.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve an amendment to the Hospitality House Project budget allowing up to $25,000 to be reallocated from administration to construction as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Request for Joint Meeting with the Planning Board – Mr. Furman stated that the Plan Oversight Group (POG) had completed their work on the Citizens’ Plan for Watauga County and desired to present it to the Planning Board and Board of Commissioners at a joint meeting. Mr. Furman recommended a joint meeting with the Planning Board be scheduled on January 19th at 5:00 P.M. which was immediately prior to the next regularly scheduled Board of Commissioners meeting.
By consensus, the Board agreed to reschedule their regular meeting on January 19, 2010, to begin at 5:00 P.M. with the first item on the agenda to be the joint meeting with the Planning Board for the Plan Oversight Group’s presentation of the Citizens’ Plan for Watauga County.
DISASTER RECOVERY DISCUSSION
Mr. Steve Sudderth, Emergency Management Director, presented a report regarding the recent snow storm of December 18th and ice storm of December 25th. Mr. Sudderth stated that there was a possibility that the County would be declared a State and/or Federal disaster area. He reviewed the potential impact for reimbursement for disaster-related expenses, should the declaration be forthcoming.
In anticipation of such a declaration, Mr. Sudderth requested the Board give authorization to issue an RFP (request for proposals) for disaster management recovery services with the authority to execute a contract with the most appropriate bidder, contingent upon County Attorney review. Reimbursement for these services was to occur should a declaration be forthcoming through FEMA.
The County Manager stated that approximately five disaster management recovery service providers were located in the State that would qualify under the RFP.
Mr. Sudderth stated that State representatives were expected to be in Watauga County January 13, 2010, to begin to access the damage caused by the storms.
County Manager Nelson stated that, if the State declared Watauga County a disaster area, the State was to pay for 75% of the “clean-up” efforts, leaving 25% of the costs to the County. Traditionally, if FEMA made such a declaration, the Federal Government was to pay 75% and the State 25%; however, Mr. Sudderth understood that the State was considering only paying 12.5%, therefore, leaving 12.5% of the costs to the County.
Discussion was also held regarding how the County could best manage the tree and limb waste debris associated with the ice storm. Disaster recovery funds, if granted, would not reimburse for debris clean-up from the storms unless a collection site was set up at a separate location from the Sanitation Department.
Since the tipping fees were part of the adopted Budget Ordinance, the County Manager stated that prior to making a decision on either waiving or reducing tipping fees, the Board might wish to consult with the County Attorney in closed session.
[Clerk’s Note: As the next agenda topic addressed brush grinding related to storm-related debris, Mr. Potter was brought into the discussion and, therefore, actions regarding both matters are recorded below.]
SANITATION MATTERS
A. Bid Approval Request for Brush Grinding – Mr. J. V. Potter stated that, in anticipation of processing large amounts of debris associated with the ice storm, he solicited proposals for brush grinding for the existing amount of debris on hand prior to the storm as well as debris received while the brush grinding was ongoing. Superior Mulch, LLC, submitted a bid in the amount of $16.25 per ton that included disposing of the ground mulch. This was the same company and amount of the most recent grinding contract. The County Manager stated that, as this was a service, no competitive bidding was required and, given that time was of the essence with large loads expected soon, staff recommended the award of this open-ended contract at $16.25 per ton.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the bid for brush grinding to Superior Mulch, LLC, in the amount of $16.25 per ton including the disposal of the ground mulch.
VOTE: Aye-5
Nay-0
The Board discussed issuing an RFP but was not comfortable with approving a contract prior to review.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize a Request for Proposals (RFP) for Debris Management Services.
VOTE: Aye-5
Nay-0
The Board discussed reducing or waiving tipping fees for storm-related debris.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to set a public hearing for January 19, 2010, to consider an amendment to the Budget Ordinance in relation to tipping fees associated with storm-related debris from the Christmas Day Ice Storm of 2009.
VOTE: Aye-5
Nay-0
[Clerk’s Note: After closed session, the motion to set a public hearing was rescinded and additional action was taken regarding storm-related debris.]
B. Requests for BREMCO Easement and Owner Agreement for Gas To Energy Project – Ms. Lisa Doty stated that, in conjunction with the Landfill Gas To Energy Project, Blue Ridge Electric Membership Corporation (BREMCO) required an easement for power line installation at the County-owned Landfill property and a member agreement for service.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the easement and member agreement with BREMCO for power line installation in conjunction with the Gas To Energy Project ongoing at the Landfill.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Jury Commission Compensation Request – County Manager Nelson stated that Ms. Wanda Howell, Clerk of Court, had requested that the compensation for the three Jury Commission members be raised from the current $250 to $300 per member with the new rate to be retroactive to 2009.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to set the compensation for the three Jury Commission members to $300 retroactive to 2009 with the additional $150 to be allocated from the Administrative Contingency Fund.
VOTE: Aye-4(Deal, Winkler, Cooper, Futrelle)
Nay-0
Absent-1(Kinsey)
[Clerk’s Note: Commissioner Kinsey briefly stepped out of the meeting and, therefore, was absent during this vote.]
B. Discussion of Pre-Budget Retreat – County Manager Nelson stated that it was time to begin planning for the Annual Pre-Budget Retreat, typically conducted at the end of February or the first of March.
By consensus, the Board set the Annual Pre-Budget Retreat for Thursday, February 25th and Friday, February 26th. The meeting was to begin at 3:00 P.M. on the 25th, recess at approximately 7:00 P.M. and reconvened at 9:00 A.M. on the 26th.
County Manager Nelson encouraged Board members to share topics for inclusion on the Retreat agenda.
C. Boards and Commissions – County Manager Nelson stated that Mr. Ric Mattar’s term on the Watauga County Planning Board expired in December. Mr. Mattar was willing to continue to serve if reappointed as an at-large member with a four-year term. The County Manager stated that the Planning Director had requested the second reading be waived and an appointment be made as the Planning Board was to meet prior to the Board of Commissioners’ second meeting in January.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive the second reading and reappoint Mr. Ric Mattar as an at-large member of the Watauga County Planning Board for a four-year term.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Ms. Angela Miller, Executive Director of W.A.M.Y. Community Action, had requested that Mrs. Joy Coffey be appointed to their Board of Directors to fill an unexpired term.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to waive the second reading and reappoint Mrs. Joy Coffey to the W.A.M.Y. Community Action Board of Directors to fill an un-expired term ending December 2013.
VOTE: Aye-5
Nay-0
D. Announcements – County Manager Nelson announced that The Children’s Council invited the Board to attend a drop-in “Lunch and Learn” on January 15, 2010 (with a snow date scheduled for January 22, 2010), at their office from 11:30 A.M. until 1:00 P.M.
PUBLIC COMMENT
Mr. Mark Hagaman presented the Board with a petition including 753 names of those opposed to Sunday hunting. Mr. Hagaman stated that Representative Tarleton was in support of no Sunday hunting; therefore, Mr. Hagaman requested the Board adopt a resolution banning hunting on Sundays and send a copy to Representative Tarleton.
By consensus, the Board directed the County Manager to research the deadline for the submission of local bills through Representative Tarleton and to report back at the January 19th meeting.
CLOSED SESSION
At 10:32 A.M., Commissioner Futrelle, seconded by Commissioner Cooper, 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 11:03 A.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Due to the emergency need for storm-related debris clean-up, Commissioner Futrelle, seconded by Commissioner Cooper, moved to:
rescind the motion to set a public hearing for January 19th, as a public hearing was no longer necessary since there was not a change to the Budget Ordinance; and
waive tipping fees for three months (effective January 4, 2010, through April 4, 2010) for private citizens using private vehicles disposing of storm-related wood debris (trees and limbs) with any and all storm-related debris to count toward the 1 ton of free disposal already provided by the County; and
allocate funds from the Sanitation Department’s Retained Earnings to cover the costs associated with the waiver of tipping fees.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 11:05 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board