• Watauga County Board of Commissioners

 

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JUNE 7, 2011

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 7, 2011, at 8:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.

 

                        PRESENT:       Nathan A. Miller, Chairman

David Blust, Vice-Chairman

                                                Jim Deal, Commissioner

                                                Tim Futrelle, Commissioner

                                                Vince Gable, Commissioner

                                                Four Eggers, County Attorney

                                                Robert E. Nelson, Jr., County Manager

                                                Deron Geouque, Deputy County Manager

                                                Anita J. Fogle, Clerk to the Board

 

            Chairman Miller called the meeting to order at 8:06 A.M., welcoming those in attendance.

 

            Vice-Chairman Blust opened the meeting with a prayer and Commissioner Gable led the Pledge of Allegiance.

 

APPROVAL OF MINUTES

 

            Chairman Miller called for additions and/or corrections to the May 5, 2011, May 9, 2011, and May 31, 2011, special meeting minutes and the May 17, 2011, regular and closed session minutes.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the May 5, 2011, special meeting minutes as presented.

 

VOTE:    Aye-5

               Nay-0

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the May 9, 2011, special meeting minutes as presented.

 

VOTE:    Aye-5

               Nay-0

 

            The following amendment under the Planning and Inspections' Proposed Watershed Ordinance Amendment discussion of the May 17, 2011, regular meeting minutes, was presented by the Clerk (deletions in strikethrough and additions in bold italic):

 

            County Attorney Eggers stated that the words "may" and "shall" read as the same interpretation in this case; however, the word "shall" was more artful technically correct.

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the May 17, 2011, regular meeting minutes as amended.

 

VOTE:    Aye-5

               Nay-0

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the May 31, 2011, special meeting minutes as presented.

 

VOTE:    Aye-5

               Nay-0

 

            By consensus, the Board tabled action on the May 17, 2011, closed session minutes to allow for review of proposed amendments.

 

APPROVAL OF AGENDA

 

            Chairman Miller called for additions and/or corrections to the June 7, 2011, agenda.

 

County Manager Nelson requested to add a LEED contract extension request from Appalachian State University for the new high school project under Miscellaneous Administrative Matters.

 

            Commissioner Gable, seconded by Vice-Chairman Blust, moved to approve the June 7, 2011, agenda as amended.

 

VOTE:    Aye-5

               Nay-0

 

COOPERATIVE EXTENSION UPDATE

 

Ms. Karee Mackey, 4-H Youth Development Extension Agent, presented an update on youth development initiatives.  Ms. Mackey stated that a super youth program geared toward fun, hands-on education that focused on the development of life skills was planned for this summer.  As a part of the program, planned projects included a color science week, a pizza adventure week, and week-long overnight camping trips at five 4-H Centers across the State.  Some children were also preparing for competition in which their speaking skills were to be showcased.  Ms. Mackey stated that these programs were advertised through flyers which were distributed by schools and available at local public libraries and advertisements published in the local newspapers.

 

This report was issued for information only; therefore, no action was required.

JUVENILE CRIME PREVENTION COUNCIL (JCPC) CERTIFICATION AND MEMBERSHIP FOR 2011-2012

 

Ms. Margaret Pierce, the County Manager's designee member of the Juvenile Crime Prevention Council (JCPC), presented the JCPC recommended FY 2012 funding allocation, certification, and membership roster.  The membership roster included the following appointees:

 

Clarissa Schmal as the School Superintendent's designee, Bradley Swift as the Police Chief's designee, DeeDee Rominger as the Sheriff's designee, Charles Byrd as the District Attorney's designee, Chief Court Counselor Lisa Garland, Maggie Farrington as the AMH/DD/SA designee, Erica Smithdeal as the Social Services' designee, Margaret Pierce as the County Manager's designee, Substance Abuse Professional Sarah Dunagan, Vern Collins as the Faith Community representative, County Commissioner Tim Futrelle, Evan Redmond and Brian Greer as the two student representatives, Juvenile Defense Attorney Steve Carlson, Judge Horne as the Chief District Judge's designee, Ashley Furman representing the Business Community, Trish Lanier as the local health director's designee, United Way representative Brian Cornell, Parks and Recreation representative Stephen Poulos, and Commissioner appointees Melissa Johnson, Jennifer Grubb, Shelley Helms, Mechelle Miller, and Hillary Biggerstaff.

 

            Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the Juvenile Crime Prevention Council Fiscal Year 2012 County funding allocation, certification, and membership roster as presented by Ms. Pierce.

 

VOTE:    Aye-5

               Nay-0

 

SHERIFF'S OFFICE MATTERS

 

A.        Proposed Contract for the Detention Center Commissary Services – Captain Jeff Virginia, with the Watauga County Sheriff's Office, presented two proposed contracts for detention center commissary services.  A continuation proposal from the current provider, Keefe Commissary Services, offering a 22% commission to the County and a proposal from Kimble's Commissary Services which offered the following three options:

 

1.                  One work station, one server, and all the necessary printers and related hardware for use in the inmate funds management and commissary ordering process were to be provided by Kimble's Commissary Services.  Kimble's was to provide state-of-the-art inmate trust fund accounting software and software installation on County computers as needed.  Kimble's would also work with the appropriate County personnel to link their system to the County network should the facility wish to do so.  The ordering process was similar to the one currently used by the Sheriff's Office.  Inmates would complete an order sheet and facility personnel would input the order.  Kimble's was to provide 24/7/365 funding opportunities for friends and family members through their partnership with J Pay.  The funding sources included online, call center and Moneygram services.  Kimble also would provide the investigative features available through J Pay at no cost to the Sheriff's Office.  Kimble's was to provide release cards should the facility chose to use them.  The first option included a 25% commission.

2.                  This option contained all the features in the first option and provided the following:  a scanner device to scan order sheets completed by the inmates eliminating manual entry by staff and help to reduce order errors since this process placed the responsibility for order accuracy on the inmate, not the staff.  Kimble's was to also provide release cards should the Sheriff's Office choose to use them.  The second option included a 23.5% commission.

3.                  This option contained all the features of both options one and two and provided a booking kiosk and related equipment to facilitate the processing of cash at the time an inmate was booked.  The third option included a 22.5% commission.

 

Captain Virginia stated that the Sheriff's Office recommended entering into a contract, choosing the third option, with Kimble's Commissary Services as that proposal included the most effective service with the least amount of work involving Sheriff's Office staff as well as a commission that was slightly higher than currently being received.  As this was a service, no formalized request for proposals (RFP) process was required.

 

            Commissioner Gable, seconded by Commissioner Futrelle, moved to approve entering into a contract with Kimble's Commissary Services as recommended by the Sheriff's Office and contingent upon the County Attorney's review.

 

VOTE:    Aye-5

               Nay-0

 

B.         Proposed Contract for Inmate Telephone Services - Captain Virginia presented a proposed continuation contract with Securus Technologies, Inc., for inmate telephone services that included a 50% commission to the County on all outgoing telephone calls.  Captain Virginia noted that the commission rate was an increase from the 38% currently received by the County.

 

            Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the continuation contract with Securus Technologies, Inc., as presented by the Sheriff's Office and contingent upon the County Attorney's review.

 

VOTE:    Aye-5

               Nay-0

 

BROOKSHIRE GREENWAY DISCUSSION AND PROPOSED RESOLUTION APPROVING A WATER RESOURCES DEVELOPMENT GRANT APPLICATION

 

As a follow-up to the discussion regarding the Brookshire Greenway project that was held at the last Board of Commissioners meeting, Mr. Furman presented the following options:

 

1.      Do nothing and not use the money granted by the Department of Transportation (DOT) for the construction of the Brookshire Greenway.

2.      Authorize the Watauga County Tourism Development Authority to apply for an additional grant through the North Carolina Division of Water Quality (NCDWQ) to fund an extension of the existing Greenway Trail at Brookshire Park which would connect the to-be-paved parking areas located at the Soccer Complex to the Greenway as a trailhead.  County staff and equipment could be used as the 50% in-kind local match for the NCDWQ grant, if received. This option would allow the use of DOT granted funds (the existing amount of $90,000 and an additional $30,000 to be requested) to pave the two parking areas thereby satisfying the DOT grant requirement that the parking areas be designated trailheads.  If this option was chosen, the NCDWQ required that a resolution be adopted authorizing the grant application.

3.      If the NCDWQ grant was not awarded, the Board could choose to fund the construction of a shorter extension of the Greenway Trail to the parking areas, in the amount of approximately $15,000 to $20,000.  This extension would still allow for the use of the DOT grant to fund the paving of the two parking areas.

4.      If none of the above options are utilized, the Board could choose to make a request to the DOT for authorization to use the DOT grant funds to bring the underpass project for the Middlefork Greenway on HWY 321 to shovel-ready condition.

 

Mr. Furman stated that the use of the DOT granted funds was on a timeline; however, a one-year extension was available upon request. 

 

Staff recommended option 2 as it would best utilize County funds.  However, if the NCDWQ grant was not received, staff recommended following-up with option 3 as this would still allow for the use of the DOT grants to fund the paving of the two parking areas.

 

Commissioner Deal, seconded by Commissioner Gable, moved to:

 

·         enter into an agreement with the Department of Transportation to use the DOT granted funds to pave the two parking areas located at the Brookshire Park/Ted Mackorell Soccer Complex; and

·         adopt the resolution authorizing the Tourism Development Authority to apply for the North Carolina Division of Water Quality grant which was to fund an extension of the Brookshire Greenway; and

·         commit to fund the construction of a shorter Greenway Trail extension, in the event that the NCDWQ grant was not received, which would meet the requirements for using DOT funds to pave the parking areas.

 

VOTE:    Aye-3(Deal, Futrelle, Gable)

               Nay-2(Blust, Miller)

 

PLANNING AND INSPECTIONS MATTERS

 

A.        Hospitality House Community Development Block Grant (CDBG) Change Order – Mr. Joe Furman presented Change Order # C507-05 for the Hospitality House CDBG construction project.  The Change Order, in the amount of $7,808, was to be entirely funded by the Hospitality House; however, approval was required as the County served as the grant recipient and pass-through agent.

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the Change Order, in the amount of $7,808, for the Hospitality House Community Development Block Grant construction project as presented.

 

VOTE:    Aye-5

               Nay-0

 

PLANNING AND INSPECTIONS MATTERS

 

B.         Proposed Purchase of Patriot 911 System – Mr. Joe Furman stated that, as discussed at the Pre-Budget Retreat, the County's main dispatch server, known as the Patriot 911 call processing system, was due to be replaced.  Mr. Furman and Captain Virginia recommended accepting a proposal from Wireless Communications, Inc., in the amount of $310,475.38.  Funds were budgeted for this project in the current (FY 2011) budget.  A $30,000 contingency was also recommended for approval to utilize in the case of unforeseen issues that may arise during the installation.  Mr. Furman stated that the purchase was eligible to be funded 100% with 911 funds in the current, fiscal year 2011, budget.

 

Mr. Furman requested bidding requirements for this purchase be waived per NCGS 143-129(e)(6) as Wireless Communications, Inc., was the only vendor who had put together a geo-diversified product and also planned to integrate the current radio portion of dispatching into the system.  The Call Processing Equipment (CEP) was geo-diversified in that both a primary and back-up location were to be installed so that if one went down due to the loss of electricity, weather, fire, etc., 911 calls could still be processed.  Mr. Furman also stated that it was reasonable to characterize the proposed purchase as an upgraded replacement of the current system, for which the County received an end-of-life letter in 2009, since it was provided by the same vendor.

 

            Captain Virginia stated that the County has had the current system for seven years.  He also gave a brief review on the benefits of the new system and stated that it was expandable and upgradable as future needs dictated.

 

Commissioner Gable, seconded by Vice-Chairman Blust, moved to waive the bidding requirements for the purchase of a new call processing system for the Sheriff's Office as requested per NCGS 143-129(e)(6) and approve the proposal from Wireless Communications, Inc., in the amount of $310,475.38, along with a $30,000 project contingency to be utilized in the case of unforeseen issues that could arise during the installation, with funds to be allocated from the 911 funds in the fiscal year 2011 budget and contingent upon the County Attorney's review.

 

VOTE:    Aye-5

               Nay-0

 

TAX MATTERS

 

            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2011.

 

B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2011 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the Refunds and Releases Report for May 2011, as presented.

 

VOTE:    Aye-5

               Nay-0

 

FINANCE MATTERS

 

A.        Proposed Irrevocable Trust Agreement for Other Post-Employment Benefits – Finance Director Margaret Pierce stated that new GASB accounting standards required that a trust agreement and resolution be adopted to establish a trust account for post-employment benefits (medical insurance for retirees).  Ms. Pierce presented a proposed resolution and agreement which was drafted by the County Attorney.  Ms. Pierce noted one correction (deletions in strikethrough and additions in bold italic) in the agreement under 1.4 as follows:

 

"1.4  NAME OF REPLACEMENT TRUSTEE:  The Watauga County Board of Commissioners may at any time name a replacement or substitute trustee in the place of the County Manager Finance Director, and shall fill . . ."

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the Post-Employment Benefits Irrevocable Trust agreement as amended.

 

VOTE:    Aye-5

               Nay-0

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the Resolution for the Execution of Required Trust Agreement for Other Post-Employment Benefits as presented by Ms. Pierce.

VOTE:    Aye-5

               Nay-0

 

B.         Surplus Property Request – Ms. Pierce stated that the Board the County Manager was authorized to sell surplus property under $30,000.  Recently a 2002 Freightliner Condor Trash Truck was auctioned on GovDeals.com with an anticipated sales price of under $30,000; however, the final bid was $31,605.  Therefore, Board approval was required and requested to allow for the sale of the surplused trash truck in the amount of $31,605.

 

            Commissioner Gable, seconded by Commissioner Deal, moved to surplus and to approve the sale of the 2002 Freightliner Condor Trash Truck in the amount of $31,605 as presented by Ms. Pierce.

 

VOTE:    Aye-5

               Nay-0

 

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

 

Account #              Description                                                              Debit                  Credit

283102-312119     Tax Revenue Meat Camp/Creston Fire District                                   $350

284340-469919     Payment to Meat Camp/Creston Fire District           $350

283102-312122     Tax Revenue Blowing Rock Fire District                                        $14,000

284340-469912     Payment to Blowing Rock Fire District                $14,000

283102-312111     Tax Revenue Todd Fire District                                                       $2,400

284340-469911     Payment to Todd Fire District                               $2,400

283102-312110     Tax Revenue Deep Gap Fire District                                                $5,900

284340-469910     Payment to Deep Gap Fire District                        $5,900

283102-312109     Tax Revenue Meat Camp Fire District                                             $6,000

284340-469909     Payment to Meat Camp Fire District                     $6,000

283102-312108     Tax Revenue Shawneehaw Fire District                                            $5,600

284340-469908     Payment to Shawneehaw Fire District                   $5,600

283102-312107     Tax Revenue Cove Creek Fire District                                             $9,200

284340-469907     Payment to Cove Creek Fire District                     $9,200

283102-312106     Tax Revenue Zionville Fire District                                                   $3,300

284340-469906     Payment to Zionville Fire District                           $3,300

283102-312105     Tax Revenue Stewart Simmons Fire District                                     $2,000

284340-469905     Payment to Stewart Simmons Fire District             $2,000

283102-312104     Tax Revenue Beaver Dam Fire District                                             $5,000

284340-469904     Payment to Beaver Dam Fire District                    $5,000

283102-312101     Tax Revenue Foscoe Fire District                                                    $8,000

284340-469901     Payment to Foscoe Fire District                            $8,000

243102-312101     Tax Revenue Foscoe Service District                                                  $700

244340-469901     Payment to Foscoe Service District                          $700

243102-312105     Tax Revenue Beech Mtn. Service District                                              $15

244340-469998     Payment to Beech Mtn. Service District                     $15

243102-312107     Tax Revenue Cove Creek Service District                                             $10

244340-469907     Payment to Cove Creek Service District                    $10

243102-312108     Tax Revenue Shawneehaw Service District                                         $200

244340-469908     Payment to Shawneehaw Service District                 $200

 

The amendment recognized additional fire tax district revenues and payments due to fire departments.

 

Account #              Description                                                              Debit                  Credit

103980-398125     Transfer from Revaluation Fund                                                       $2,837

104141-469500     Tax Revaluation Contracted Services                    $2,837

253991-399101     Fund Balance Appropriation                                                            $2,837

259800-498010     Transfer to the General Fund                                 $2,837

 

The amendment closed the Revaluation Fund due to GASB 54 rule changes.  The amendment transferred the remaining fund balance to the revaluation budget in the General Fund.

 

Account #              Description                                                              Debit                  Credit

103200-326600     ABC/5 cents a Bottle                                                                       $3,200

105210-469852     ABC/5 cents a Bottle                                            $3,200

 

The amendment recognized additional revenue and expenditures for Alcohol Beverage control funds.

 

Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:    Aye-5

               Nay-0

 

D.        Adoption of the Fiscal Year 2012 Budget Ordinance – The Fiscal Year 2012 Budget Ordinance was presented for adoption.

 

            Commissioner Gable, seconded by Vice-Chairman Blust, moved to adopt the Fiscal Year 2012 Budget Ordinance as presented.

 

            Commissioner Futrelle, seconded by Commissioner Deal, moved to amend Commissioner Gable's motion to adopt the Fiscal Year 2012 Budget Ordinance to include the original staff-recommended allocation amount for non-profits.

 

            After discussion, the following vote was taken on Commissioner Futrelle's motion to amend Commissioner Gable's original motion:

 

VOTE:    Aye-2(Deal, Futrelle)

               Nay-3(Blust, Gable, Miller)

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to amend Commissioner Gable's motion to adopt the Fiscal Year 2012 Budget Ordinance to increase the Board of Education's allocation by an additional $592,000 which would allow for a total of $1,000,000 of additional funds that could be used for teachers and assistants.

 

            After discussion, the following vote was taken on Commissioner Deal's motion to amend Commissioner Gable's original motion:

 

VOTE:    Aye-2(Deal, Futrelle)

               Nay-3(Blust, Gable, Miller)

 

            After additional discussion, the following vote was taken on Commissioner Gable's original motion to adopt the Fiscal Year 2012 Budget Ordinance as presented:

 

VOTE:    Aye-3(Blust, Gable, Miller)

               Nay-2(Deal, Futrelle)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

            A.        Appalachian State University LEED Contract Extension Request – County Manager Nelson stated that the County had contracted with the Appalachian State University Department of Technology and Environmental Design to conduct the LEED commissioning for the lighting and mechanical systems at the new Watauga County High School.  Mr. Jeffrey Tiller, requested a 120-day extension on the contract which was set to expire June 30, 2011, to allow for the completion of the assigned task and to make sure the system was operating properly as the weather turned colder in November and December.  The extension would not affect the building's LEED certification designation.

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to grant a 120-day extension to the contract with Appalachian State University for LEED commissioning services and direct the County Attorney to prepare the appropriate documents.

 

VOTE:    Aye-5

               Nay-0

 

B.         Requested Member Appointment to Committee Updating the Appalachian Regional Library Agreement – County Manager Nelson stated that the North Carolina Administrative Code required that a Regional Agreement be in place for libraries that operated in more than one county.  As the current agreement was adopted in 1979, Ms. Louise Humphrey with the Appalachian Regional Library System requested that the Board appoint a staff member or Commissioner to set on a committee to develop an updated agreement for future consideration.  Mr. Deron Geouque, the soon-to-be County Manager, was the recommendation of the Library.

 

            Commissioner Futrelle, seconded by Commissioner Gable, moved to appoint Deron Geouque to the committee being established to update the County's agreement with the Appalachian Regional Library System.

 

VOTE:    Aye-5

               Nay-0

 

B.         Boards and Commissions – County Manager Nelson stated that the Economic Development Commission (EDC) had four terms that were set to expire June 30, 2011.  EDC terms were for three years and members could only serve two consecutive terms.  The terms of Mr. Jason Triplett, Mr. Bill Leonard, and Mr. Fowler Cooper were set to expire and they were not eligible for reappointment.  The term of Ms. Mary Hall was also set to expire.  Ms. Hall was, however, eligible for reappointment and was willing to continue to serve.  The EDC had not made an official recommendation for appointments; however, Mr. Ben Shoemake, Mr. Wallace Greer, Mr. Dave Edwards, and Mr. Ed Shuford, all bankers, were recommended by current EDC members; however contacts had not been made to see if they were interested in serving.  Mr. Tommy Sofield, owner of US Steel Buildings, had also expressed his willingness to serve if appointed.

 

            Commissioner Gable nominated Ed Evans, the Seven Devils Town Manager, for appointment to the EDC.

 

            Vice-Chairman Blust, seconded by Commissioner Gable, moved to reappoint Ms. Mary Hall and appoint Mr. Ed Evans, Mr. Tommy Sofield, and Mr. Ben Shoemake to the Watauga County Economic Development Commission, effective July 1, 2011, with each of their terms set to expire June 30, 2014.

 

VOTE:    Aye-5

               Nay-0

 

C.        Announcements – County Manager Nelson announced that the Board of Equalization and Review was scheduled to meet in the Commissioners' Conference Room on June 15, 2011, beginning at 5:00 P.M. and on June 28, 2011, beginning at 3:00 P.M.

 

County Manager Nelson announced that the date for the next regular meeting in June had been changed to Tuesday, June 28, 2011, beginning at 5:00 P.M. and was to include a public hearing on proposed amendments to the watershed ordinance which was scheduled to begin at 6:00 P.M.

 

County Manager Nelson announced that the first regular Board of Commissioners meeting in July had been cancelled due to the Independence Day holiday and the second regular meeting date in July had been changed to Tuesday, July 12, 2011, beginning at 5:00 P.M.

 

CLOSED SESSION

 

            At 9:32 A.M., Commissioner Gable, seconded by Commissioner Deal, 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 Deal, seconded by Vice-Chairman Blust, moved to resume the open meeting at 11:54 A.M.

 

VOTE:    Aye-5

               Nay-0

 

ACTION AFTER CLOSED SESSION

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the May 17, 2011, closed session minutes as amended.

 

VOTE:    Aye-5

               Nay-0

 

            Commissioner Deal, seconded by Vice-Chairman Blust, moved to endorse the settlement between Appalachian District Health Department and Josiah and Meredith Davis subject to there being no cost to Watauga County and contingent upon the County Attorney's review.

 

VOTE:    Aye-5

               Nay-0

 

            Commissioner Deal, seconded by Vice-Chairman Blust, moved to authorize the County Attorney to advise the Appalachian District Health Department only regarding the issue of the settlement involving the Davis'.

 

VOTE:    Aye-5

               Nay-0

 

ADJOURN

 

Chairman Miller adjourned the meeting at 11:55 A.M.

 

 

 

Nathan A. Miller, Chairman

 

 

ATTEST:

Anita J. Fogle, Clerk to the Board