• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MARCH 1, 2010
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, March 1, 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 9:05 A.M., welcoming those in attendance.
 
            Commissioner Kinsey opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the February 16, 2010, regular and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the February 16, 2010, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the February 16, 2010, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the March 1, 2010, agenda.
 
            County Manager Nelson presented the following additions:
 
After Item # 5:
 
Planning & Inspections Matters
  1. Proposed Resolution in Support of Broadband Access for Western North Carolina
  2. Requested Fees for Town of Boone Water/Sewer Service to Brookshire Park
 
DOT Request for Selection of Block for Retaining Wall
 
Add to Possible Action After Closed Session:
 
Recreation Center Matters
  1. Recommended Selection of Architect for the Recreation Center Project
  2. Proposed RFQ for Recreation Center Construction Manager At Risk (CMAR)
  3. Requested Authority to Order Professional Services
 
Vice-Chairman Winkler requested to add an item to Closed Session under Attorney/Client Matters.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the March 1, 2010, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of February 2010.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for February 2010 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for February 2010, as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Tax Lien Report – Mr. Byrd reviewed the Tax Lien Report and requested it be accepted as the report listing delinquent tax bills that are liens on real property. Mr. Byrd also requested authorization for the advertisement of such liens to be published in the Watauga Democrat in April or May. Mr. Byrd stated that if taxes were not collected the County was to move forward with foreclosing on delinquent properties.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to accept the Tax Lien Report and approve the advertising of the liens as presented by Mr. Byrd.
 
VOTE:   Aye-5
              Nay-0
 
FINANCE MATTERS
 
A.        Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
143585-323000           State Subsidized Child Care                             $17,303
145850-440900           State Subsidized Child Care                                                    $17,303
 
            The amendment recognized a reduction in the state allocation for subsidized day care due to state mandated reductions in spending.
 
            Account #                    Description                                                           Debit             Credit
663991-399101           Fund Balance Appropriation                                                   $15,000
667420-459000           Gas to Energy Project Contingency                  $15,000
 
            The amendment appropriated funds for a contingency amount for the Landfill Gas to Energy Project which was approved at the February 1, 2010, meeting.
 
            Account #                    Description                                                           Debit             Credit
243101-312902           Tax Revenue Boone/BR VFD Serv Dist                                      $700
244340-469902           Payment to Boone/BR VFD Serv Dist                  $700
243101-311905           Tax Revenue Beech Mtn. VFD Serv Dist                                    $100
244340-469998           Payment to Beech Mtn. VFD Serv Dist                 $100
243101-312907           Tax Revenue Cove Creek VFD Serv Dist                                     $20
244340-469907           Payment to Cove Creek VFD Serv Dist                  $20
243101-312908           Tax Revenue Shawneehaw VFD Serv Dist                                  $600
244340-469908           Payment to Shawneehaw VFD Serv Dist              $600
 
            The amendment recognized additional fire tax district revenues and payments due to fire departments.
 
            Account #                    Description                                                           Debit             Credit
143839-353100           Donations to Foster Children Fund                                              $224
143839-353102           Donations to Child Protective Services                                        $230
145310-449902           Foster Children’s Fund                                         $224
145310-449904           Child Protective Services                                      $230
 
            The amendment recognized donations made in January 2010 to Department of Social Services discretionary funds.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
B.         Surplus Property Request – Ms. Pierce presented a list of property and requested the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to surplus the property as presented by Ms. Pierce and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING & INSPECTIONS MATTERS
 
            A.        Proposed Resolution in Support of Broadband Access for Western North Carolina – Mr. Joe Furman stated that the Microelectronic Center of North Carolina (MCNC) has requested support for an application for a federal grant from the National Telecommunications and Information Administration’s (NTIA) Round 2 Broadband Technologies Opportunities Program (BTOP). The MCNC, a non-profit organization established by the General Assembly in 1980, received a Round 1 BTOP award in the amount of $28,200,000 in middle mile broadband recovery funds for the construction of 500 new miles of fiber in 37 counties in the rural southeastern and western part of the State. Because of their success in Round 1, MCNC has been asked by the State to apply for Round 2 BTOP funding for a middle mile fiber build in northeastern, north central, northwest, and south central counties. Round 2 funding, if awarded, would include Watauga County. Mr. Furman presented a proposed resolution in support of the MCNC’s Round 2 BTOP grant application.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Requested Fees for Town of Boone Water/Sewer Service to Brookshire Park – Mr. Furman stated that the Town of Boone has invoiced the County for a total of $24,750 in water/sewer availability fees for services to the soccer complex at Brookshire Road Park.
 
            After discussion, Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to request the Town of Boone either waive the $24,750 in availability fees for water/sewer services at the Brookshire Road Park Soccer Complex, or contribute the same amount to be used for improvements/enhancements of public services at the Park.
 
VOTE:   Aye-5
              Nay-0
 
DOT REQUEST FOR SELECTION OF BLOCK FOR RETAINING WALL
 
            County Manager Nelson stated that the cobblestone specified for the finish in the retaining wall on the Old East King Street widening project was out-of-stock. The retaining wall was located near the entrance road to the new high school. DOT has stated that their contractor requested the use of limestone block in place of the cobblestone to keep the project from being delayed.
 
            After discussion and by consensus, the Board agreed to direct the County Manager to send a letter to the Department of Transportation requesting that they take the steps necessary to get the project completed prior to the opening of the new high school.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Caldwell Community College & Technical Institute (CCC&TI) Road Repair Request – County Manager Nelson stated that CCC&TI requested the County’s assistance in making repairs to the gravel service road at their Watauga Campus which was damaged by recent severe winter weather.  CCC&TI had $2,000 for the project and requested the County provide an additional $2,500, haul the gravel, and make the repairs to the road. Mr. J. V. Potter, Watauga County’s Operations Services Director, visited the site and reported that approximately twenty 16-ton truck loads of gravel at $14 per ton were needed to make the necessary repairs. The County had the equipment to haul the gravel and perform the repairs. The gravel parking lots were also in need of repair and were to be addressed after the winter weather breaks.
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to authorize the County to assist CCC&TI by hauling gravel and making the needed repairs to the gravel service road at the Watauga Campus and to approve funding for the project in the amount of $2,500 to be allocated from the Administrative Contingency Fund.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Letter Requesting DOT Assistance in Extending the Greenway Trail from Brookshire Road Park across Hwy 421 – Deputy County Manager Geouque presented a draft letter to the North Carolina Department of Transportation’s Division 11 Board Member, Samuel Halsey, which requested assistance in extending the Greenway Trail under US Hwy 421 to the walking trails at Brookshire Road Park. The extension was to allow citizens to access the Park from the Greenway without having to cross the busy, multi-lane highway.
 
            Chairman Deal suggested sending a copy of the letter to both Senator Goss and Representative Tarleton.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct staff to send the letter to Mr. Halsey with a copy to be sent to both Senator Goss and Representative Tarleton.
 
VOTE:   Aye-5
              Nay-0
 
C.        Boards and Commissions – County Manager Nelson stated that the Boone Town Council recommended Thomas Purpur be appointed as the ETJ representative on the Boone Area Planning Commission. The current term was to expire June 30, 2010.
 
No action was required at this time as this was a first reading.
 
D.        Announcements – County Manager Nelson announced that the UNC School of Government was offering several training opportunities including the Essentials of Municipal Government and Regional LederShops on various dates and at various locations throughout the State. 
 
County Manager Nelson announced that a webinar, conducted by the UNC School of Government was scheduled to be broadcast in the Commissioners’ Boardroom on Thursday, March 25th from 4:00 – 6:00 P.M. for training on ethics. The local town councils were invited to attend the Webinar as well.
 
County Manager Nelson announced that the Cooperative Extension’s Report to the People luncheon was scheduled for Monday, March 1, 2010, at 11:45 A.M. at the Watauga County Agricultural Conference Center.
 
County Manager Nelson announced that a resolution regarding Sunday bow hunting was to be presented at the March 16, 2010, Board meeting and citizens were encouraged to send written comments prior to that meeting.
 
            Vice-Chairman Winkler announced that the 2010 Empty Bowls Supper was scheduled for Saturday, March 27, 2010, from 5:00 P.M. to 6:30 P.M. The event, organized by Watauga High School art students, was a fundraiser which benefited the Hunger and Health Coalition.
 
PUBLIC COMMENT
 
There was no public comment.
 
CLOSED SESSION
 
            At 9:41 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).
 
VOTE:   Aye-5
              Nay-0
 
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 10:46 A.M.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
                [Clerk’s Note: Commissioner Cooper left the meeting at 10:24 A.M., during closed session, due to a prior commitment.]
 
ACTION AFTER CLOSED SESSION
 
Sale of Current High School
 
            After discussion, Commissioner Futrelle, seconded by Commissioner Kinsey, moved to direct the County Manager’s Office to issue a Request for Proposals, locally, statewide, and nationally, for realtor services as an exclusive listing agent, related to the sale of the current high school property with the proposals to include their proposed commission for the sale of the property.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
Joint Agreement for Soccer Fields at Brookshire Park
 
            The Board reviewed a Joint Venture Agreement between the County, High Country Soccer Association (HCSA), and Appalachian State University (ASU) as drafted by the County Attorney.
 
After discussion, Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the Joint Venture Agreement between the County, High Country Soccer Association, and Appalachian State University as amended and direct staff to deliver the agreement to the HCSA and ASU.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
Recreation Center Matters
 
A.        Recommended Selection of Architect for the Recreation Center Project – Deputy County Manager Geouque stated that the interview panel for architectural services related to the proposed new recreation center interviewed 8 of the 19 firms who submitted proposals and recommended PBC&L.
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to:
 
·         Select PBC&L for architectural services for the proposed new recreation center as received, interviewed, and recommended by the interview panel with funding to be allocated from Capital Reserve funds set aside for recreation; and
 
·         Direct the County Manager and staff to begin contract negotiations with PBC&L with the stipulation that the project could be stopped at anytime.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
B.         Proposed RFQ for Recreation Center Construction Manager at Risk (CMAR) – Discussion was held regarding the use of construction management at risk services for the proposed new recreation center.
 
            After discussion, Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to:
 
·         authorize the County Manager and County Attorney to follow established procedures to use construction management at risk services related to the construction of the proposed new recreation center; and
 
·         direct staff to issue a RFQ for construction management at risk services related to the proposed new recreation center with a submission due date of March 12, 2010, at 5:00 P.M.; and
 
·         direct the interview panel (consisting of Chairman Deal, Vice-Chairman Winkler, County Manager Nelson, Deputy County Manager Geouque, and Parks & Recreation Director Poulos as appointed by the Chairman) to conduct interviews and submit a recommendation to the Board at the March 16, 2010, meeting.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
C.        Requested Authority to Order Professional Services – County Manager Nelson requested the allocation of up to $50,000 for professional services related to the proposed new recreation center. Professional services may include testing, borings, surveying, etc.
 
            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to authorize the County Manager to expend funds in an amount up to $50,000, allocated from the Capital Reserve Fund, for professional services related to the proposed new recreation center.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
Town of Boone Water Fee Reduction Request
 
In 1999, Watauga County and the Town of Boone reached a settlement in a controversy between the two parties regarding groundwater contamination at the Landfill. A part of the resulting consent order acknowledged that the Town was to provide water services at no charge, for ten years, to nine residences that may have been affected to the south of the landfill property. The Town of Boone has recently begun charging rates double the standard amount to those residences for water services as they were not in town limits.
 
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to request that the Town of Boone charge “in-town” water rates to the nine residences affected by the 1999 settlement regarding groundwater contamination at the Landfill.
 
VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)
              Nay-0
              Absent-1(Cooper)
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 10:52 A.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board