MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 18, 2010
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 18, 2010, at 6:00 P.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 6:02 P.M., welcoming those in attendance.
Commissioner Futrelle opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the May 3, 2010, regular meeting and closed session minutes.
Commissioner Kinsey noted the following correction to the May 3, 2010, regular meeting minutes:
“DISCUSSION OF PROPOSED ABANDONED MANUFACTURED HOME GRANT PROGRAM
. . .
The County Manager stated that Mr. Potter with the Sanitation Department had agreed to assist with the program on a one-year trail trial basis with current staff levels and then evaluate the process.”
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the May 3, 2010, regular meeting minutes as amended
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the May 3, 2010, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the May 18, 2010, agenda.
County Manager Nelson stated that there was an additional SfL+a settlement offer which required review with the County Attorney prior to taking action and, therefore, might result in action after closed session.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the May 18, 2010, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED BUDGET FOR FISCAL YEAR 2011
Chairman Deal declared the public hearing open at 6:07 P.M. to allow for comment on the proposed budget for Fiscal Year 2011.
County Manager Nelson reviewed the following changes which were made to the recommended budget since its presentation:
|
General Fund Budget |
Amount |
|
Reduced Governing Body budget for laptops removed |
<$17,000> |
|
Increased transfer to Public Assistance |
$15,725 |
|
Increased contingency |
$1,275 |
|
Increase in revenue-donation from TDA for loan payment |
<$113,702> |
|
Increase in transfer to debt service |
$113,702 |
|
|
|
|
Public Assistance Budget |
|
|
Hospitality House |
$1,525 |
|
OASIS Building Grant Match (total of $20,000 over two year span) |
$10,000 |
|
Hunger Coalition |
$1,500 |
|
Community Care Clinic |
$1,500 |
|
WYN additional County allocation |
$1,200 |
|
Covered by increase in transfer from general fund |
<$15,725> |
|
|
|
|
Debt Service Fund |
|
|
Increase in transfer from general fund |
<$113,702> |
|
Principal and interest on Darnell property loan |
$113,702 |
|
|
|
|
Sanitation Budget |
|
|
Salary/benefits change |
$5,152 |
|
Reduced Contracted services for waste removal |
<$5,152> |
The following individuals addressed the Board regarding the recommended budget:
Jennifer Herman, OASIS
Dot Barker, Watauga County Library
Jill Kuykendall, Hospitality House
Each individual briefly discussed their concerns regarding the recommended budget for Fiscal Year 2011.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:19 P.M.
Board action was not required and, therefore, none was taken.
REQUEST OF SUPPORT FOR HIGH COUNTRY UNITED WAY’S NC 2-1-1 SERVICE
Ms. Nancy Reigel, Chair of the High Country United Way, reported that the NC 2-1-1 referral system was designed by United Way of North Carolina to allow citizens to dial an easy-to-remember number to receive information regarding various services in their area. Ms. Reigel requested the Board support their project as well as advocate for all County Departments and related service-providing agencies to participate by registering with the NC 2-1-1 System.
Ms. Linda Slade, Executive Director of the High Country United Way, stated that the NC 2-1-1 system was currently operational in Watauga County and explained the process used when calls were received. Ms. Slade stated that calls received were confidential; however, informational data was collected based on requests for information to make sure that the needs of the citizens were being met.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution supporting the NC 2-1-1 System and encouraging County Departments and service providing agencies, non-profit and for-profit alike, to register with and maintain accurate contact information in the NC 2-1-1 System database.
VOTE: Aye-5
Nay-0
REPORT OF COMPREHENSIVE TRANSPORTATION PLAN (CTP)
Mr. Phil Trew with High Country Council of Governments stated that, at the last Intergovernmental Retreat which was held on March 22, 2010, discussion was held on forming a committee to develop a recommendation for the Department of Transportation for the location of the proposed Daniel Boone Parkway. Mr. Trew stated that the Department of Transportation planned to begin updating the long-range Watauga County Comprehensive Transportation Plan (CTP) in August 2010. The CTP was a planning document that was to combine and replace the 2002 Watauga County Thoroughfare Plan and the 1991 Boone Thoroughfare Plan. It was to address all modes of transportation including highway, bicycle, pedestrian, and transit for the entire County. The CTP was to be developed by the Department of Transportation in cooperation with the local governments with High Country Council of Governments RPO staff providing assistance as requested.
Mr. Trew stated that the Department of Transportation requested a Steering Committee be formed to assist in the development of the CTP and include 12 to 15 members with suggested appointments as follows: an elected official from each jurisdiction; staff from each jurisdiction; the NCDOT Division 11 Engineer (or his designee); an AppalCART representative, an Appalachian State University representative; and representatives with bicycle, pedestrian, economic development, and environmental interests.
Mr. Trew stated that the CTP process was expected to take approximately two years for completion and was to be developed using a traffic demand model. The Plan was to include other facility improvements to alleviate congestion and improve safety in the towns located in Watauga County. One of the issues to be included in this Plan was the designation of a location for the proposed Daniel Boone Parkway.
After discussion, Chairman Deal appointed Commissioner Cooper to the Steering Committee with Commissioner Futrelle appointed as a back-up. Chairman Deal also recommended that Mr. Trew relay to the Department of Transportation that the Committee would benefit by retaining Mr. Cooper as a member after his term, for which he did not seek re-election, expired in 2010.
REPORT ON THE GREEN BUSINESS PLAN
Mr. Quint David with the ASU Energy Center presented a status report on the Watauga County Green Business Plan. Mr. David stated that the Watauga County Green Business Plan was initiated by the Watauga County Economic Development Commission. The Plan was funded in 2007 as a voluntary program that educated and certified small businesses for their "green" practices. The goals and structure of the program were developed through a collaborative process facilitated by the Appalachian State University Energy Center and involving representation from local Chambers of Commerce and small businesses along with technical experts. Mr. David stated that funding was to end in the summer of 2010; however, the search for grants and other funding sources was ongoing. Mr. David stated that seventeen businesses in Watauga County were currently certified through the Green Business Plan.
Mr. Joe Furman, Economic Development Director, reported that the Economic Development Commission was pleased with the achievements of the Green Business Plan.
This report was for information only and, therefore, no action was required.
PROPOSED SUBDIVISION PERFORMANCE GUARANTEE
Mr. Joe Furman, Planning and Inspections Director, presented a subdivision performance guarantee for completion of paving of the road serving Wilson Farm (PUD) that was an irrevocable standby letter of credit from Rictur, Inc. The subdivision performance guarantee was for road construction and pursuant to section 92 of the Subdivision Regulations.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
SCHOOL MATTERS
A. Bid Award Requests for Materials and Equipment for New High School Project – County Manager Nelson stated that the Board of Education requested approval to purchase $25,645 in materials and equipment from Anixter, Inc., of Charlotte for the purpose of technology connectivity and cable management at the new high school. The Board of Education had solicited informal bids of which the following three were received: Anixter, Inc. in the amount of $23,800.50 ($25,645.04 sales tax included); Black Box Network Services in the amount of $30,726.23, sales tax not included; and Graybar in the amount of $25,629.20, sales tax not included. The County Manager stated that the funds were to be allocated from the Board of Education’s Furniture, Fixtures, and Equipment (FF&E) budget line.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to award the bid for materials and equipment to Anixter, Inc., in the amount of $25,645.04 ($23,800.50 prior to sales tax which was to be reimbursed) for technology connectivity and cable management materials and equipment for the new high school with the funds to be allocated from the Board of Education’s Furniture, Fixtures, & Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Don Critcher representing the Watauga County Board of Education presented the following bid award requests for the new high school project and recommended all be allocated from the FF&E budget:
Mr. Critcher requested that Katalyst, Inc., be awarded the bid for IT Card telephone service to the baseball field house in the amount of $4,040.63 as recommended by the Board of Education.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to award the bid for IT Card telephone service at the new high school project to Katalyst, Inc., in the amount of $4,040.63 as recommended by the Board of Education and with funds to be allocated from the Board of Education’s Furniture, Fixtures, & Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Critcher stated that in the original bid award to W J Office City, furniture was inadvertently omitted for one floor of one wing of the new high school. (The omission occurred in the published Scope for the requested furniture proposals.) Furniture for the Technology Department was also requested. In addition to W J Office City, the following were contacted and requested to submit bids for the needed furniture: Storr Office, Interior Systems, School Specialty, OM Workspace, and Office Environments. All vendors declined to bid for these items with the exception of W J Office City.
W J Office City agreed to provide the inadvertently omitted furniture items through an addendum to their original contract allowing the unit prices to remain the same as in the original contract. The amount was $70,371. Mr. Critcher requested that W J Office City be awarded this contract as recommended by the Board of Education.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the bid to W J Office City in the amount of $70,371 for the additional furniture items that were inadvertently omitted from the original bid as recommended by the Board of Education and with the funds to be allocated from the Board of Education’s Furniture, Fixtures, and Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Critcher stated that W J Office City submitted two separate bids for the Technology Department items in the amounts of $25,254 and $19,055. Mr. Critcher requested that W J Office City be awarded these contracts as recommended by the Board of Education.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to award the two bids for Technology Department furniture for the new high school to W J Office City in the amounts of $25,254 and $19,055 as recommended by the Board of Education with funds to be allocated from the Board of Education’s Furniture, Fixtures and Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Critcher stated that the Architect of Record for the new high school project, SfL+a, declined a request to provide drawings and specifications for the audio/visual system. Based on direction from Mr. Critcher, this service was provided for $5,250 by Productions Unlimited, Inc. Mr. Critcher requested approval of this payment as recommended by the Board of Education.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the payment for audio/visual specifications and drawings to Productions Unlimited, Inc., in the amount of $5,250 as recommended by the Board of Education and with funds to be allocated from the Board of Education’s Furniture, Fixtures, & Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Critcher stated that three bids were received for the security camera package for the new high school project as follows:
Contractor: Bid Amount:
eNTEGRATED TECHNOLOGY SOLUTIONS, LLC $60,969.79
AFL Network Services $67,660.57
Technology Outfitters $68,575.45
Mr. Critcher requested that the security system bid be award to the low bidder, eNTEGRATED TECHNOLOGY SOLUTIONS, LLC in the amount of $60,969.79 as recommended by the Board of Education.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to award the bid for the security system to the low bidder, eNTEGRATED TECHNOLOGY SOLUTIONS, LLC, in the amount of $60,969.79 as recommended by the Board of Education and with funds to be allocated from the Board of Education’s Furniture, Fixtures and Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
Mr. Critcher stated that formal bids for the audio/visual package for the new high school project were requested and three received; however, after the bids were reviewed, the low bidder discovered that their bid had not included all of the items in the specifications. A request for bids was re-advertised for ten days at which time only two bids were received. Those bids are as follows:
Contractor: Bid Amount:
Custom Light and Sound $260,000
Productions Unlimited $311,300
Mr. Critcher requested that the audio/visual bid be awarded to Custom Light and Sound in the amount of $260,000 as recommended by the Board of Education.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to award the bid for the audio/visual package for the new high school project to Custom Light and Sound in the amount of $260,000 as recommended by the Board of Education and with funds to be allocated from the Board of Education’s Furniture, Fixtures and Equipment (FF&E) budget.
VOTE: Aye-5
Nay-0
B. Request to Accept Deed for Mabel Elementary School as Required for the Qualified School Construction Bond – County Manager Nelson presented a deed from the School Board to the County for the Mabel Elementary School property. This property transfer is required in order for the County to collateralize the Qualified School Construction Bonds that were previously approved by both Boards. Also, after instruction to the County Attorney for recordation of the deed, a lease needs to be developed in which the School Board will maintain the necessary and required insurance on the facility and name the County as an additional insured.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to accept the Mabel Elementary School Deed, contingent upon the County Attorney drafting a lease agreement in the amount of $1 per year and in which the Board of Education was to be responsible for maintenance and insurance.
VOTE: Aye-5
Nay-0
C. Proposed Settlement with SfL+a Regarding New High School Construction – County Manager Nelson stated that the County had received a settlement offer from the Architect of Record, SfL+a, for the new high school project regarding performance issues with various sub-contractors used by SfL+a. The County Manager stated that an additional settlement agreement with SfL+a had been negotiated since the preparation of the Board packets as well.
County Attorney di Santi stated that he had reviewed the first proposed settlement agreement and was of the opinion that the release was too broad and needed revision prior to action. The County Attorney stated that he had spoken to SfL+a’s representative, Mr. Rosenwood, who agreed to a revision of the release and to combining the two settlements into one agreement.
By consensus, the Board tabled this item until after closed session to allow for review of the settlements with the County Attorney.
PROPOSED RESOLUTION FOR SALES TAX REFERENDUM
Per direction from the Board, Deputy County Manager Geouque presented a proposed resolution calling for a sales tax referendum for an additional quarter-cent tax. The resolution specified that revenue generated was to be used to build a new recreation center and an eastern community center, as well as expand recreational opportunities throughout Watauga County. The Deputy County Manager also presented the following schedule detailing the process:
|
Proposed Schedule for Adopting the Quarter-Cent Sales Tax |
|
|
Date |
Action Required |
|
May 18, 2010 or June 7, 2010 |
BCC Sets date for Referendum |
|
August 31, 2010 |
Latest Date for Referendum |
|
September 7, 2010 |
Board of Elections Certifies Results of Referendum |
|
September 8, 2010 |
(Recommendation to Reschedule the First September Meeting) Board of Commissioners Provide 10-day Notice of Intent to Adopt Resolution Levying Tax |
|
September 21, 2010 |
Board Adopts Resolution to Levy Additional Quarter-Cent Sales Tax |
|
September 22, 2010 |
Notice Sent to Secretary of Revenue |
|
January 1, 2010 |
State Begins Collection of the Additional Quarter-Cent Sales Tax |
Ms. Jane Ann Hodges, Board of Elections Director, was also present and stated that the schedule was achievable as presented. Ms. Hodges stated that One-Stop Voting was to be offered in the Board of Elections office beginning 14 days prior to the election date. Ms. Hodges also stated that she planned to request a waiver of the requirement to order 100% of ballots from the State as well. Offering One-Stop Voting in one location, as opposed to two, and being allowed to order fewer ballots as to reduce the costs associated with the referendum dramatically.
After discussion, Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the Resolution Ordering the Referendum for and Dedicating the Proceeds from a Quarter-Cent Local Option Sales Tax for Recreational Capital Needs in Watauga County as presented with the election to be held on August 31, 2010.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Contracts with AppalCART for Transportation Services in Fiscal Year 2011 for the Project on Aging and Parks and Recreation – County Manager Nelson presented contracts for transportation services from AppalCART for the Project on Aging and Parks & Recreation Departments.
The proposed contract for Project on Aging included a mileage rate of 69¢ and $13.09 per hour, both of which stayed the same as the current rate.
The proposed contract for Parks and Recreation included a mileage rate of $1 and $14.48 per hour, both of which stayed the same as the current rate. The County Manager stated that the amounts for Parks and Recreation services were generally higher due to the use of larger vehicles for their transportation needs.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the FY 2011 contract between AppalCART and Watauga County Project on Aging and the FY 2011 contract between AppalCART and Watauga County Parks and Recreation as presented by the County Manager.
VOTE: Aye-4(Deal, Cooper, Futrelle, Kinsey)
Nay-0
Absent-1(Winkler)
[Clerk’s Note: Vice-Chairman Winkler stepped out of the meeting from 7:28 P.M. until 7:31 P.M. and, therefore, was not present when this vote took place.]
B. Presentation of Smoky Mountain Center’s Quarterly Fiscal Monitoring Report – County Manager Nelson presented the Quarterly Fiscal Monitoring Report for the County’s Local Management Entity for Mental Health services, Smoky Mountain Center, as required by Statute.
The report was presented for information only and, therefore, no action was required.
C. Proposed Proclamation Honoring the 75th Anniversary of the Blue Ridge Parkway – County Manager Nelson presented a proposed proclamation honoring the 75th Anniversary of the Blue Ridge Parkway. The County Manager stated that the Board had previously approved participation in the celebration for this Anniversary which was to take place in September 2010.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to adopt the proclamation as presented by the County Manager.
VOTE: Aye-5
Nay-0
D. Request from Grandfather Mountain Highland Games – County Manager Nelson stated that, in past years, the Grandfather Mountain Highland Games had routinely used the current Watauga High School for a satellite parking lot. Buses run between the games and the High School throughout the day on Saturday and Sunday. This request was originally forwarded to the School Board but, with the transfer of ownership of the High School to the County, the request was forwarded to the Board of Commissioners. The Grandfather Highland Games requested to rent the parking lot at the current High School for $500 for the weekend of July 10th and 11th, 2010.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Grandfather Highland Games’ request to use the current High School parking lot as a Shuttle Parking Site for the weekend of July 10th and 11th, 2010 for the recommended fee of $500.
VOTE: Aye-5
Nay-0
E. Discussion of June Meeting Schedule – County Manager Nelson stated the June regular meeting schedule for the Board of Commissioners was currently called for meetings on Monday, June 7th & Tuesday, June 15th. When regular meetings fall this close to each other, the County has traditionally postponed the second meeting for one week; however, the Board of Elections was scheduled to be using the Board Room on June 22nd as a polling place for the required 2nd primary.
After discussion and by consensus, the Board agreed to set the Board of Commissioners meeting schedule as follows for the months of June and July 2010: hold the June 7th meeting as scheduled at 9:00 A.M.; reschedule the second June meeting from June 15th to June 29th at 6:00 P.M.; cancel the first regular meeting in July (which was scheduled for the 5th) due to the July 4th Holiday; and hold the July 20th meeting as scheduled at 6:00 P.M.
Therefore, the Board of Commissioners meeting schedule for the months of June and July 2010 was set as follows to be held in the Commissioners’ Board Room in the Administration Building:
Monday, June 7, 2010, @ 9:00 A.M.
Tuesday, June 29, 2010, @ 6:00 P.M.
Tuesday, July 20, 2010 @ 6:00 P.M.
F. Boards and Commissions – County Manager Nelson stated that three terms on the Economic Development Commission were due 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.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to reappoint Keith Honeycutt, Mark Harrill, and Shannon Wooten to the Economic Development Commission with each appointment set to expire on June 30, 2013.
County Manager Nelson stated that at the May 3rd meeting, an agreement with the Humane Society for the care and control of domestic animals was approved. As a result, the Humane Society requested that the Board of Commissioners appoint either a Commissioner or designee to fill a position on their Board of Trustees.
Consideration of an appointment to the Humane Society Board was tabled.
County Manager Nelson stated that the High Country Council of Governments’ Regional Ombudsman, Alex Jernigan, requested that Ben Strickland be considered for reappointment to the Watauga County Nursing Home Community Advisory Committee. If reappointed, his term was to expire June 1, 2013.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to waive the second reading and reappoint Ben Strickland to the Watauga County Nursing Home Community Advisory Committee for a three-year term which was to expire June 1, 2013.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Dr. Bobbie Short’s term on the Department of Social Services Board was to expire June 30, 2010.
Vice-Chairman Winkler, who is a member of the Department of Social Services’ Board, stated that a recommendation was to be forthcoming for this appointment.
The above was a first reading and, therefore, no action was required at this time.
County Manager Nelson stated that there continued to be a vacancy for appointment of an alternate ETJ position on the Boone Board of Adjustment. According to the Town Clerk, they have advertised for and have not received applications; therefore, there are no recommendations for appointment at this time. Town of Boone Clerk, Freida VanAllen, indicated that she planned to re-advertise for interested applicants for the position.
G. Announcements – County Manager Nelson announced that voters in Duplin, New Hanover and Onslow Counties had passed sales tax referendums at the May 4th election.
County Manager Nelson stated that a joint dinner meeting with the Caldwell Community College and Technical Institute Board of Trustees was scheduled for Wednesday, May 26, 2010, at 6:00 P.M. at the White Oak Road Campus.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:42 P.M., Vice-Chairman Winkler, seconded by Commissioner Kinsey, 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-5
Nay-0
Commissioner Futrelle, seconded by Commissioner Cooper, moved to resume the open meeting at 8:12 P.M.
VOTE: Aye-5
Nay-0
ACTIONS TAKEN AFTER CLOSED SESSION
Proposed Settlement with SfL+a Regarding New High School Construction
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the settlement with SfL+a for all known and existing claims in the amount of a $301,210 credit to Watauga County against the $396,616.26 still owed to SfL+a.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 8:14 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board