MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 3, 2010
The Watauga County Board of Commissioners held a regular meeting on Monday, May 3, 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
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Deputy County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 9:02 A.M., welcoming those in attendance.
Commissioner Cooper opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the April 20, 2010, regular and closed session minutes.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the April 20, 2010, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
By consensus, the Board tabled action on closed session minutes until an amendment could be discussed in closed session.
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the May 3, 2010, agenda.
County Manager Nelson requested to add a joint meeting request from Caldwell Community College and Technical Institute under announcements.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the May 3, 2010, agenda as amended.
VOTE: Aye-5
Nay-0
PBC+L RECOMMENDATION FOR SITE LOCATION OF THE PROPOSED RECREATION CENTER
Mr. Chad Roberson representing PBC+L Architecture presented the Master Plan Analysis of both the old high school building and the site in regards to the location of a new recreation center. Mr. Roberson reviewed the site, including the flood plain, solar orientation, existing utilities, and the view shed from the property. Mr. Roberson also reviewed the condition of the existing gyms which were structurally sound; however, all of the mechanics (such as HVAC, water, and electric lines, etc.) would have to be replaced. The location of the current gyms, if used, would also hinder the buildable area of the site for other potential projects. Mr. Roberson recommended a new build for the recreation center and then presented several options on the location of the building.
Mr. Roberson presented possible layouts of the proposed facility based on the amount of square footage that could be built for the budget that had been used. Mr. Roberson also shared potential layouts of future mixed use facilities that could be incorporated in the area and suggested the best scenario was to be one that utilized the most of existing parking.
Mr. Roberson stated that, prior to moving forward with the project, the site for the building needed to be selected and the budget and square footage of the building determined. PBC+L recommended Scheme 2 for the site and building layout. Mr. Mike Kesterson with Vannoy Construction, Construction Management at Risk firm for the project, agreed in the recommendation of Scheme 2. Mr. Roberson stated, that after these determinations were made, detailed programming needed to begin. (Scheme 2 was for a three level building on or near the current softball field.)
After discussion by the Board, Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to select Scheme 2 as presented by PBC+L with the building to sit on the current softball field area with the construction budget to remain at $10,500,000.
VOTE: Aye-5
Nay-0
SANITATION MATTERS
A. Proposed Proclamation Designating Community Pride Week as May 17-22, 2010 – The County’s Recycling Coordinator, Ms. Lisa Doty, presented a proposed proclamation designating Community Pride Week in Watauga County as May 17-22, 2010. During this week, tipping fees for eligible materials were to be waived. Also, in conjunction with Community Pride Week, May 22, 2010, was scheduled as the Annual Household Hazardous Waste Collection Day, a time when citizens may dispose of certain household items that cannot be placed in landfills. Collections were to be from 9:00 A.M. to 2:00 P.M. at the Watauga County Landfill and items that were to be taken included paint, used oil, household batteries, lead acid batteries (car type), antifreeze, ethylene, gasoline, lighter fluid, solid and liquid pesticides, oxidizers, household cleaners, and fluorescent light bulbs.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the Proclamation designating the week of May 17-22, 2010, as Community Pride Week in Watauga County.
VOTE: Aye-5
Nay-0
B. Proposed Proclamation Endorsing and Supporting “Operation Medicine Cabinet” in Conjunction with Household Hazardous Waste Collection Day – Sheriff Hagaman presented a proposed proclamation endorsing and supporting “Operation Medicine Cabinet” which was a program that allowed prescription and over-the-counter drugs to be disposed of properly. Operation Medicine Cabinet was to be held on May 22, 2010, the same date as the Household Hazardous Waste Collection Day and the last day of Community Pride Week. Citizens could turn in out-dated and/or unused medications on this date from 10:00 A.M. to 2:00 P.M. at the Foscoe Volunteer Fire Department and the three Food Lion grocery store locations in the County.
Sheriff Hagaman stated that last year’s program was very successful which led to the Drug Enforcement Agency using Watauga County protocol in developing similar programs. The collection of these medications keeps them from being abused and keeps them out of the waterways.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the proclamation endorsing and supporting “Operation Medicine Cabinet” as presented by Sheriff Hagaman.
VOTE: Aye-5
Nay-0
FY 2011 HOME & COMMUNITY CARE BLOCK GRANT (H&CCBG) ALLOCATION REQUEST
Ms. Angie Boitnotte, Director of the Project on Aging, presented the Home & Community Care Block Grant Advisory Committee’s recommendation for the allocation of Fiscal Year 2011 funds. Watauga County was to receive $251,178 which required $27,465 in local match which was included in the agency’s proposed FY 2011 budget.
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the H&CCBG allocation of FY 2011 funds and the local match of $27,465.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT FOR PARKING LOT SEALING & LINE MARKING PROJECT AS PART OF THE MAINTENANCE ASPHALT MANAGEMENT PROGRAM
Mr. Robert Marsh, Maintenance Director, presented the following bids received for parking lot sealing and restriping for the Human Services Center, the Health Department, Brookshire Park, and the Magistrate’s parking area.
|
Vendor |
Bid Bond |
Gallons Sealant |
Amount of Bid |
|
Hasco, Inc. |
Bid Bond # 419105 |
Unspecified |
$18,523.80 |
|
Carolina Pavement Technology, Inc. |
Check $747.80 |
4,051 gallons Two coats |
$14,956.00 |
|
|
Check $1,075.00 |
One coat Two coats |
$21,500.00 $30,500.00 |
|
Main & Main Paving |
Check $1,255 |
4,052 gallons |
$25,024.00 |
Mr. Marsh recommended the award of the contract to the low bidder, Carolina Pavement Technology, Inc., out of Cary, NC, in the amount of $14,956. Mr. Marsh stated that the County Attorney had reviewed the contract.
County Manager Nelson stated that, per action at a previous Board meeting and based upon approval, funds were to be taken from the Capital Reserve Account and presented via a budget amendment at a future meeting.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the bid for parking lot sealing and restriping to Carolina Pavement Technology, Inc., in the amount of $14,956 with funds to be allocated from the Capital Reserve Account.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of April 2010.
Mr. Byrd reported that a notice of unpaid taxes was to be published in the Watauga Democrat after May 13th which was to be the last date available for taxes to be paid in order for citizens’ names not to be published.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for April 2010 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for April 2010, as presented.
VOTE: Aye-5
Nay-0
DISCUSSION OF PROPOSED ABANDONED MANUFACTURED HOME GRANT PROGRAM
Mr. Brent Graybeal with the Planning and Inspections Department presented a report on the status of developing an Abandoned Manufactured Home Program in Watauga County. Mr. Graybeal reviewed the options between deconstruction-on-site and transporting the units intact to the landfill. The Sanitation Department was to be utilized in both scenarios by either providing roll off containers for a contractor to use onsite or with Sanitation staff actually performing the deconstruction at the landfill. Mr. Graybeal recommended the maximum amount to spend on each removal to be $1,000 toward contractor costs. The County was to be reimbursed at least $1,000 per deconstruction by the State; however, reimbursement was to be for no more than 50% of the costs above $1,000 and the County was required to attempt to recover the costs from the owner first.
The County Manager stated that Mr. Potter with the Sanitation Department had agreed to assist with the program on a one-year trial basis with current staff levels and then evaluate the process.
Mr. Graybeal stated that several contractors had contacted him to discuss the process of deconstruction and five had submitted cost estimates for providing the service. The estimates were for $1,000, $1,200, $1,600, $2,800, and $10,800.
Mr. Graybeal stated that he had received approximately 12 calls from citizens curious about the program and only 4 were complaints. The remaining calls were from owners requesting removal of their abandoned manufactured homes. Mr. Graybeal recommended establishing the program as one of voluntary participation by the homeowner and awarding removals on an alternating basis using the two lowest proposers but limiting the contractor(s) to a maximum amount of $1,000 per deconstruction. If the program were complaint driven, the additional legal fees and staff time required would create a non-cost-effective program.
After discussion, Commissioner Cooper, seconded by Commissioner Futrelle, moved to 1) adopt the abandoned manufactured home removal program as a voluntary program with no costs to the homeowners and a maximum fee of $1,000 to be paid to participating contractors which was to be reimbursed to the County by the State; and 2) direct staff to prepare amendments to the County’s Solid Waste Ordinance as needed to be presented for action at a future meeting.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. 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.
Commissioner Cooper, seconded by Vice-Chairman Winkler, 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-4(Deal, Winkler, Cooper, Futrelle)
Nay-0
Absent-1(Kinsey)
[Clerk’s Note: Commissioner Kinsey briefly stepped out of the meeting from 10:17 A.M. until 10:25 A.M. and, therefore, was not present when the above action took place.]
B. JCPC Certification and Membership Appointments – Ms. Pierce stated that each year the County received Juvenile Crime Prevention Council funding from the State. The funding was then routed to various agencies working with young people in the County. Ms. Pierce presented a certification form that included the administrative funding (the state allocation in the amount of $114,285 with a local match of $34,060) as well as the following membership list: Clarissa Schmal, designee of the School Superintendent; Justin Warren, Chief of Police designee; Dee Dee Rominger, Sheriff’s Office designee; Charles Byrd, District Attorney designee; Lisa Garland, Chief Court Counselor; Sarah Dunagan, Director, AMH/DD/SA; Erika Smithdeal, DSS designee; Margaret Pierce, County Manager designee; Tim Futrelle, County Commissioner; Judge Lyerly, Chief District Judge; Trish Lanier, Local Health Director designee; Stephen Poulos, Director of Watauga County Parks and Recreation; and Catherine Scantlin, Melissa Johnson, Jennifer Grubb, Shelly Helms, Glenda Andrews, Mechelle Miller, and Jon Greene, all County Commissioner Appointees.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the certification, administrative funding, and membership list as presented by Ms. Pierce.
VOTE: Aye-4(Deal, Winkler, Cooper, Futrelle)
Nay-0
Absent-1(Kinsey)
[Clerk’s Note: Commissioner Kinsey briefly stepped out of the meeting from 10:17 A.M. until 10:25 A.M. and, therefore, was not present when the above action took place.]
PROPOSED CONTRACT WITH HUMANE SOCIETY
Mr. Geouque presented a proposed agreement with the Humane Society for the care and control of domestic animals that were normally picked up, impounded, and/or confiscated by the Watauga County Animal Care and Control Officers. The agreement called for the County to grant $400,000 to the Humane Society to apply toward the cost of construction of a new facility. In exchange for the services provided, the County was to pay $75,000 annually, with a CPI escalator included, to the Humane Society. The initial term of the agreement was to be twenty-five years with automatic renewal periods of one year thereafter unless either party sent the other written notice of a decision not to renew within ninety days prior to expiration. A promissory note that included a first right of refusal was to secure the County’s $400,000 investment for the twenty-five year period in the event the Humane Society decided to sell the property, default on the primary loan for the construction of the building, or terminate the agreement prior to the twenty-five year period.
The Deputy County Manager stated that the Humane Society also requested that a Commissioner, or Board of Commissioners designee, be appointed to their Board of Directors.
The County Attorney had reviewed and assisted with the negotiation of this contract including an adjustment in which the promissory note was to be Attachment A.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the contract with the Humane Society including the adjustment regarding the twenty-five year agreement to be made by the County Attorney.
VOTE: Aye-5
Nay-0
PROPOSED PROPERTY & LIABILITY AND WORKERS COMPENSATION RENEWALS
Deputy County Manager Geouque presented the following renewal rates received from the North Carolina Association of County Commissioners for property and liability and workers compensation insurance coverage:
|
Coverage |
NCACC |
|
|
Current |
Renewal |
|
|
Property And Liability |
$259,680 |
$268,261 |
|
Workers Compensation |
$204,747 |
$193,093 |
The Deputy County Manager recommended that the County approve the renewals for Property and Liability with the North Carolina Association of County Commissioners Risk Management Pool in the amount of $268,261 and for Workers Compensation coverage in the amount of $193,093. The combined total of the two renewals was $3,073 less than the rates for the current year. The Deputy County Manager also presented an “Interlocal Agreement for A Group Self-Insurance Fund for Risk Sharing or Group Purchase of Coverage” with the North Carolina Association of County Commissioners and recommended approval of both the renewal rates and the Interlocal Agreement.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Interlocal Agreement and the renewal rate for Property and Liability Insurance in the amount of $268,261 and the renewal rate for Workers Compensation Insurance in the amount of $193,093 with the North Carolina Association of County Commissioners Risk Management Pool, as recommended by staff.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Presentation of the Manager’s Recommended FY 2011 Budget – County Manager Nelson presented his recommended budget for FY 2011 and stated that copies were available for public inspection at the Boone, Blowing Rock, and Western Watauga Community Center Libraries; in the County Manager’s Office; and on the County’s website. The County Manager also stated that work sessions were scheduled on May 6th and 10th and that a public hearing was scheduled for May 18, 2010, at 6:00 P.M. to allow for citizen comment on the Proposed Budget.
The County Manager stated that the tax rate and fees for the Sanitation and Planning and Inspections Departments remained at current levels in the recommended budget; however, a Fund Balance appropriation of $981,573 was included. The County Manager recommended that, even though the County was fortunate to have a healthy fund balance, this be considered a one- time occurrence and did not recommend such an allocation for future budgets.
This report was given for information only and, therefore, no action was required.
B. Discussion of Sunday Bow Hunting – The Board agreed, by consensus, to table discussion of this item until after closed session.
C. Discussion of Child Support Enforcement Services Attorney Appointment – The Board agreed, by consensus, to table discussion of this item until after closed session.
D. Town of Blowing Rock Request for Authority to Issue Permits for Fireworks Displays – County Manager Nelson stated that the Town of Blowing Rock had requested that the County grant authority to issue permits for pyrotechnics in their corporate limits without approval from the County per G. S. 14-413. The same authority was granted to the Town of Boone on June 26, 2007. The Town of Blowing Rock had requested an official approval letter to record the authority.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to grant authority to the Town of Blowing Rock to issue permits for pyrotechnics inside their corporate limits.
VOTE: Aye-5
Nay-0
E. Blue Ridge Parkway “Intent to Participate” Request – County Manager Nelson stated that, at the April 20, 2010, Board meeting, the requested “Intent to Participate” form from the Blue Ridge Parkway for their 75th Anniversary celebration had been tabled. The County Manager stated that the celebration was to be held September 10-12, 2010, and required the following, if the County wished to participate: the approval of the Blue Ridge Parkway Anniversary Weekend Events Intent to Participate Form; the commitment to provide and staff a Community Showcase Booth; the appointment of Watauga County representatives; the adoption of a proclamation; and the submission of a quilt square representing the County. The County Manager stated that the Watauga County Tourism Development Authority (TDA) had agreed to provide and man the Community Showcase Booth and the Project on Aging had been given the information regarding the quilt square.
Commissioner Kinsey stated that he was willing to serve as a representative for the County and Commissioner Cooper recommended Doc Watson, if available, to also represent the County.
Chairman Deal stated that there was an active quilting society in the County that might be willing to assist with the quilting square.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to:
- approve the Blue Ridge Parkway Anniversary Weekend Events Intent to Participate Form; and
- appoint Commissioner Kinsey as Watauga County’s Community Call Representative; and
- appoint Doc Watson as Watauga County’s Honor Representative; and
- appoint the Tourism Development Authority to provide and work the Community Showcase Booth; and
- direct staff to prepare a proclamation for consideration at a future meeting and prepare the quilt square for submission.
VOTE: Aye-5
Nay-0
F. Draft Letter in Opposition to the Proposed Collective Bargaining Bill – County Manager Nelson presented a draft letter in opposition, as directed at the April 20, 2010, Board meeting, to the proposed Collective Bargaining Bill that had been introduced in the US Senate.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct staff to send the letter in opposition to the proposed Collective Bargaining Bill to Senators Hagan and Burr and Congresswoman Foxx.
VOTE: Aye-5
Nay-0
G. Boards and Commissions – County Manager Nelson stated that the three terms on the Economic Development Commission were set to expire June 30, 2010. All three members, Keith Honeycutt, Mark Harrill, and Shannon Wooten were eligible for reappointment and were willing to continue to serve if so appointed.
This was a first reading and, therefore, no action was required at this time.
The County Manager announced that the Boone Town Council had a vacancy for appointment for an alternate ETJ position on the Boone Board of Adjustment; however, they had advertised for and not received applications and, therefore, had no recommendations for appointment at this time.
H. Announcements – County Manager Nelson announced that the Board of Commissioners was holding budget work sessions on Thursday, May 6th and Monday, May 10th both beginning at 4:00 P.M. and located in the Commissioners’ Conference Room, Watauga County Administration Building.
County Manager Nelson announced that the Watauga County Board of Commissioners had scheduled a public hearing for their regular meeting on Tuesday, May 18, 2010, at 6:00 P.M. to allow citizen comment on the FY 2011 Proposed Budget.
County Manager Nelson announced that the Governor’s Conference on Aging Policy Roundtable featuring Lifelong Engagement and Contributions was scheduled for May 19, 2010, from 10:00 A.M. to 1:00 P.M. at the LaQuinta Inn & Suites in Boone.
County Manager Nelson announced that the North Carolina Association of County Commissioners (NCACC) planned to have both Speaker of the House Joe Hackney and Senate President Pro Tem Marc Basnight speak at County Assembly Day which was scheduled for May 19th in Raleigh.
County Manager Nelson announced that Caldwell Community College & Technical Institute had requested to hold a joint meeting on May 26, 2010, at 6:00 P.M. at their White Oak Road campus.
PUBLIC COMMENT
Mr. Bob Oleberg, Chairman of the Boone Country Dancers, requested the Board consider a public venue, possibly in the new recreation center, for contra and square dancing as several citizens enjoy participating in dancing events.
CLOSED SESSION
At 11:00 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 Cooper, seconded by Commissioner Kinsey, moved to resume the open meeting at 11:50 A.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Discussion of Sunday Bow Hunting
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to direct staff to send a letter to Representative Tarleton and Senator Goss requesting that, if it was determined that Sunday Bow Hunting would be allowed in North Carolina, Watauga County have the opportunity to opt out based on a referendum to be added to the November ballot for citizen vote.
VOTE: Aye-5
Nay-0
Discussion of Child Support Enforcement Services Attorney Appointment
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to 1) rescind action taken at the April 20, 2010, Board meeting to contract for Child Support Enforcement legal services with Attorney Daniel Hockaday; and 2) appoint the law firm representing the County, di Santi Watson Capua & Wilson, at their current rate of $100 per hour to provide Child Support Enforcement legal services.
VOTE: Aye-5
Nay-0
Closed Session Minutes
Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the April 20, 2010, closed session minutes as amended.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 11:55 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board