• Watauga County Board of Commissioners

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

MONDAY, AUGUST 2, 2010

 

 

            The Watauga County Board of Commissioners held a regular meeting on Monday, August 2, 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

                                                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 9:03 A.M., welcoming those in attendance.

 

            Commissioner Futrelle opened the meeting with a prayer.

 

                [Commissioner Cooper was absent due to a prior commitment.]

 

APPROVAL OF MINUTES

 

            Chairman Deal called for additions and/or corrections to the July 20, 2010, regular and closed session minutes.

 

            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the July 20, 2010, regular meeting minutes as presented.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the July 20, 2010, closed session minutes as presented.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

APPROVAL OF AGENDA

 

            Chairman Deal called for additions and/or corrections to the August 2, 2010, agenda.

 

County Manager Nelson requested to add a bid award request for custodial services under Miscellaneous Administrative Matters.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the August 2, 2010, agenda as amended.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON APPALCART’S RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION

 

Chairman Deal declared the public hearing open at 9:05 A.M. to allow for comment on AppalCART’s application for funding through the FY 2011 Rural Operating Assistance Program (ROAP).  Mr. Chris Turner, AppalCART’s Director, reviewed the previous allocation amounts and discussed recommendations for the County’s $167,143 allocation for FY 2011.

 

            There being no public comment, Chairman Deal declared the public hearing closed at 9:10 A.M.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the submission of the FY 2011 Rural Operating Assistance Program (ROAP) grant application and the execution of the certified statement as presented by Mr. Turner.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

REPORT FROM SMOKY MOUNTAIN CENTER (LOCAL MANAGEMENT ENTITY)

 

Mr. Brian Ingraham, CEO of Smoky Mountain Center, the County’s Local Management Entity (LME) for mental health services, gave a report on funding between the State, Smoky Mountain Center, and New River Behavioral Healthcare, Watauga County’s local mental health service provider.  Mr. Ingraham also reported on their Recovery Education Center which was being modeled after a community college type setting

 

Ms. Gail Hawkinson and Mr. Murray Hawkinson, representing New River Behavioral Healthcare, were also present.  Ms. Hawkinson stated that mental health reform in North Carolina has been a struggle; however, New River was excited about the new program and was hoping to find additional funding sources.  Ms. Hawkinson expressed appreciation to Smoky Mountain and Watauga County for their support.  Mr. Hawkinson reiterated the importance of the program and the need for its expansion.

 

Ms. Shelley Lackey and Ms. Christy Pruess, representing Smoky Mountain Center, were also present.  Ms. Lackey stated that New River Behavioral Healthcare continued to work in partnership with Smoky Mountain Center to ensure that funding was directed at services in the County.  Ms. Pruess was introduced as the new Northern Regional Director of Smoky Mountain Center and the Board was encouraged to send any questions that might arise to Ms. Pruess’ attention.

 

The report was issued for information only and, therefore, no action was required.

 

PLANNING AND INSPECTIONS MATTERS

 

            A.        Clean Water Management Trust Fund Grant Release Request – Mr. Joe Furman stated that, in late 2008, the County was approved to receive a $35,000 “Planning Mini-Grant” from the Clean Water Management Trust Fund (CWMTF) for greenway planning along the South Fork of the New River.  In 2009, the County executed the grant agreement; however, prior to execution by the CWMTF, the agreement funds were withdrawn by the State due to the recession.  At that time, the grant was placed on hold.  Mr. Furman reported that some funding had been restored and, therefore, the grant could now be released.  Mr. Furman presented an amendment to the agreement, as requested by CWMTF.  The purpose of the amendment was to legally provide for the possibility of funds again not being available from the State.

 

Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the amendment to the $35,000 Clean Water Management Trust Fund Agreement for project number 2008G-010 as presented by Mr. Furman.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

            B.         Proposed CDBG Subordination Agreement – Mr. Furman stated that a recipient of the 2004 Community Development Block Grant (CDBG) Urgent Needs Project in the White Laurel development was refinancing his/her mortgage.  Mr. Furman presented a Subordination Agreement, prepared by the County Attorney, which was a necessary part of the refinancing process.  When refinancing was complete, the County’s Deed of Trust, which was a deferred loan where the loan amount was reduced each year, was to hold third position, moving up from the current fourth position. 

 

Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the Subordination Agreement as prepared by the County Attorney.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

C.        Greenway Funding Request – Mr. Furman stated that Mr. Mike Pettyjohn with the North Carolina Department of Transportation (NCDOT) had committed, upon receipt of a request/proposal from the County, $100,000 in additional discretionary funds to be used for the Brookshire Greenway, along with the $35,000 in NCDOT discretionary funds already committed. 

 

Mr. Furman stated that the County no longer needed to wait on the $75,000 Recreation Trails Grant as reported at the July 20, 2010, Board meeting to complete the Greenway Trail at Brookshire Park.  The construction of the Brookshire Greenway could be completed by supplementing the $35,000 on hand with approximately $55,000 of the $100,000 in additional discretionary funds.

 

Mr. Furman stated that the remaining discretionary funds available, in the amount of approximately $45,000, were recommended to be used toward planning an underpass to be constructed by the NCDOT at Hwy 421 to connect Greenway Trails on each side of the road.  The funds were to cover engineering, construction drawings, and permitting expenses, making the project “shovel-ready” for construction.  The estimated cost for constructing the underpass was $300,000 and should be added to the NCDOT’s Transportation Improvement Plan in 2011.

 

Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to: 1) amend the contract with McGill and Associates to include the engineering work needed for the construction of the Greenway Trail at Brookshire Park and 2) request $100,000 in discretionary funds from the North Carolina Department of Transportation (NCDOT) to be used for the construction and paving of the Greenway Trail at Brookshire Park and for engineering, construction drawings, and permitting expenses associated with making the underpass project “shovel-ready” for construction by the NCDOT.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

FINANCE MATTERS

 

A.        Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:

 

Account #                    Description                                                              Debit            Credit

667420-459000           Capital Outlay-Contingency                                $19,532

663991-399101           Appropriation of Retained Earnings                                          $19,532

 

            The amendment recognized additional funds for the Landfill Gas to Energy project contingency.  This appropriation was approved at the June 29, 2010, Board meeting to fund the amount of $200,000 overall to the project.

 

Account #                    Description                                                              Debit            Credit

143531-323000           Admin Cost Reimbursement Fed/State                                     $62,000

145310-469105           Prof Services – FNS Contract                            $62,000

 

            The amendment recognized Federal funds awarded for food and nutrition services for the current fiscal year.  This service was approved at the April 20, 2010, Board meeting.

Account #                    Description                                                              Debit            Credit

143839-353100           Donations to Foster Child Services                                            $4,500

143839-353101           Donations to Adult Services Funds                                                $700

143839-353102           Donations to Child Protective Services                                       $4,850

145310-449902           Foster Child Services                                            $4,500

145310-449903           Adult Services Fund                                                $700

145310-449904           Child Protective Services                                      $4,850

 

            The amendment recognized estimated donations to the Department of Social Services discretionary funds for Fiscal Year 2011.

 

Vice-Chairmen Winkler, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

B.         Proposed Document Scanning Policy – Ms. Pierce presented a proposed Document Scanning Policy which was to allow public records in the Finance Department to be retained electronically as opposed to paper format.  Ms. Pierce presented approval from the North Carolina Department of Cultural Resources, Division of Historical Resources, Government Records Branch approving the scan request. Ms. Pierce also stated that County Attorney Capua had confirmed that the policy was in compliance with the NC Department of Cultural Resources and General Statutes. 

 

Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to adopt the Document Scanning Policy as presented by Ms. Pierce.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

            C.        Request for Signatory Authorization for Upper Watauga River Project Grant – Ms. Pierce presented a draft letter to the North Carolina Department of Environment and Natural Resources, Division of Water Quality authorizing herself, as Finance Director, to be added as an authorized signer for reimbursements for the Upper Watauga River Project grant.  Chairman Deal was to remain an authorized signer as well.

 

            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to authorize the Finance Director, Ms. Margaret Pierce, to be given signatory authorization for reimbursement forms from the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Upper Watauga River Project grant.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

TAX MATTERS

 

            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of July 2010.

 

B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for July 2010 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Commissioner Futrelle, seconded by Vice-Chairmen Winkler, moved to approve the Refunds and Releases Report for July 2010, as presented.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

C.        Annual Tax Collector’s Settlement – Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2009/2010 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Annual Settlement Statements for Fiscal Year 2009/2010.

 

VOTE:    Aye-4(Deal, Winkler, Futrelle, Kinsey)

               Nay-0

               Absent-1(Cooper)

 

            D.        Order of Collections Request – A sworn oath was to be administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2010/2011.  Mr. Byrd also presented an Order which granted him the authorization to collect taxes for Fiscal Year 2011 and requested the Board’s approval.

 

Commissioner Futrelle, seconded by Commissioner Kinsey, moved to grant authorization for Tax Administrator Byrd to collect taxes for Fiscal Year 2010/2011.

 

VOTE:    Aye-4(Deal, Winkler, Futrelle, Kinsey)

               Nay-0

               Absent-(Cooper)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Bid Award Request for Custodial Services Contract – County Manager Nelson stated that, at the July 20, 2010, Board meeting, weekly rates were approved for a temporary contract for custodial services to allow for competitive bids to be received for the service.  Since that meeting, Maintenance Director Robert Marsh received the following bids for custodial services:

 

                                                                             

Bidder

Amount of Bid

American Cleaning Service, Inc. (Winston-Salem)

                   $68,973.68

Deep Reflections (Wilkesboro)

                 $155,635.73

Carolina Cleaning Service (Deep Gap)

                   $84,756.55

Perfection First (Marion)

                   $98,090.00

Coverall ABLC (Charlotte)

Non-Responsive (no bid bond)

 

 

            As recommended by Mr. Marsh, the County Manager requested that the bid be awarded to the low bidder, American Cleaning Service, Inc., in the amount of $68,973.68.  The proposed contract included a three-year fixed rate term with an optional two-year extension, if agreeable with both parties.  The contract was to begin September 1, 2010.

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to award the bid for custodial services to American Cleaning Service, Inc., in the amount of $68,973.68 for a three-year fixed rate beginning September 1, 2010, with a two-year extension option, contingent upon the County Attorney’s review.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

B.         Announcements – County Manger Nelson announced that the North Carolina Association of County Commissioners’ Annual Conference was scheduled for August 26-29, 2010, at the Greenville Convention Center in Pitt County.

 

County Manager Nelson announced that the High Country Council of Governments’ Annual Banquet was scheduled for Friday, September 10, 2010, at Linville Ridge Country Club.

 

            County Manager Nelson announced the timeline for the North Carolina Association of County Commissioners’ 2011 legislative goals development process.  Discussion of recommendations was to be held at a future meeting

 

PUBLIC COMMENT

 

There was no public comment.

 

CLOSED SESSION

 

            At 9:53 A.M., Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

Commissioner Futrelle, seconded by Commissioner Kinsey, moved to resume the open meeting at 10:46 A.M.

 

VOTE:   Aye-4(Deal, Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-1(Cooper)

 

ADDITIONAL ANNOUNCEMENTS

 

            The County Manager announced that there were five parties currently interested in the old high school property.

 

            The County Manager announced that 16 counties had passed a sales tax referendum thus far with 10 additional counties considering a referendum.

 

ADJOURN

 

            Chairman Deal adjourned the meeting at 10:54 A.M.

 

 

 

Jim Deal, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board