MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, MARCH 3, 2008
The Watauga County Board of Commissioners held a regular meeting on Monday, March 3, 2008, 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
Winston Kinsey, Commissioner
Mary Moretz, Commissioner
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 9:00 A.M., welcoming those in attendance.
Commissioner Kinsey opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the February 19, 2008, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the February 19, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the February 19, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the March 3, 2008, agenda.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the March 3, 2008, agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED POLICY FOR WATAUGA COUNTY MINORITY AND SMALL BUSINESS PARTICIPATION OUTREACH PLAN & GUIDELINES AND PROPOSED RESOLUTION FOR WATAUGA COUNTY TO ADOPT OUTREACH PLAN AND RENEW THE VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY AND SMALL BUSINESSES IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS PURSUANT TO N.C.G.S. 143-128.2.
Chairman Deal declared the public hearing open at 9:02 A.M. to consider a Proposed Policy for Watauga County Minority and Small Business Participation Outreach Plan & Guidelines and a Proposed Resolution for Watauga County to Adopt Outreach Plan and Renew the Verifiable Percentage Goal for Participation by Minority and Small Businesses in the Awarding of Building Construction Contracts Pursuant to N.C.G.S. 143-128.2.
Assistant County Manager Geouque reviewed the policy and resolution.
There being no public comment, Chairman Deal declared the public hearing closed at 9:04 P.M.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to adopt the resolution and policy as presented.
VOTE: Aye-5
Nay-0
APPALACHIAN DISTRICT HEALTH DEPARTMENT ANNUAL REPORT
Mr. Danny Staley presented the FY 2007 Annual Report for the Appalachian District Health Department. The report contained community health concerns and successes.
The report was presented for information only and therefore no action was required.
CRIMINAL JUSTICE PARTNERSHIP PROGRAM (CJPP) REPORT AND GRANT APPLICATION/CONTRACT REQUEST
Mr. Mike Vannoy presented a report on services and the Criminal Justice Partnership Program as provided by New River Behavioral Healthcare and requested approval to submit a grant application on behalf of Watauga County for the amount of $61,272 which required no local match for Fiscal Year 2009 services. Mr. Vannoy also presented a contract between Watauga County and New River Behavioral Healthcare to provide services as specified in the CJPP program.
Commissioner Moretz, seconded by Commissioner Cooper, moved to authorize submission of the grant application as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the contract with New River Behavioral Healthcare, contingent upon receipt of the grant.
VOTE: Aye-5
Nay-0
REPORT ON JUVENILE CRIME PREVENTION COUNCIL (JCPC)
Ms. Kara Simmons presented a report on the Juvenile Crime Prevention Council (JCPC) and the impact of potential budget cuts for Fiscal Year 2009. Ms. Simmons stated that JCPC funded five programs in which 121 children were served in Fiscal Year 2007. Ms. Simmons stated that budget cuts would create a gap in services and service access for the youth in our communities and could potentially eliminate certain programs completely.
By consensus, the Board directed Ms. Simmons to forward to the County Manager a list of the specific impact to the children served by these programs if the budget cuts come to fruition. This list was to be included in a letter to Representative Tarleton and Senator Goss in support of full funding.
BLOWING ROCK RESCUE SQUAD EQUIPMENT FUNDING REQUEST
Mr. Kent Graham with Blowing Rock Rescue Squad stated that the Squad had applied for and received a grant in the amount of $42,518.74 which was awarded by the North Carolina Department of Insurance. The grant required a local match of $21,359 and was to fund equipment to be used in confined space and trench rescue operations. Mr. Graham stated that the equipment was to be used throughout Watauga County but predominately in the Boone/Blowing Rock area which was experiencing the majority of the County’s construction. Mr. Graham stated that the Blowing Rock Fire Department requested an allocation from Watauga County in the amount of $11,000 for the local match.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to appropriate $11,000 as Watauga County’s share of the local match to be allocated from the Administrative Contingency Fund.
VOTE: Aye-5
Nay-0
ANIMAL CONTROL DEPARTMENT NAME CHANGE REQUEST
Ms. Nancy Coffey, representing the volunteers with the Watauga County Animal Control Department, requested a name change for the department. The requested name change was to the “Department of Animal Care and Control.” The volunteers felt that the name change reflected the services currently offered by the County. Ms. Coffey requested a newspaper article stating the name change and a new sign on the building.
Commissioner Moretz, seconded by Commissioner Cooper, moved to change the name of the Animal Control Department to the Department of Animal Care and Control.
VOTE: Aye-5
Nay-0
BOARD OF ELECTIONS GRANT APPLICATION REQUESTS
Ms. Jane Ann Hodges, Director of the Watauga County Board of Elections, presented two grant application requests in the amounts of $4,818 and approximately $40,000. If awarded, the One-Stop grant funds, in the amount of $4,818, will be used for labor costs and the HAVA grant funds, in the amount of approximately $40,000, will be used to purchase voting equipment and system enhancements. Ms. Hodges stated that the grants required no local match.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize the submission of the two grant applications as presented by Ms. Hodges.
VOTE: Aye-5
Nay-0
COURTHOUSE SECURITY PROPOSAL
Mr. Robert Marsh presented a proposed contract with Creekside Electronics in the amount of $29,500 for Courthouse security items. The proposal was for panic buttons at new workstations; connections between the Baliff and the Jailer Holding Area; camera controlled access via TV monitors and releases in the offices; and installation of secure access hardware for the exterior stairwells.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the contract with Creekside Electronics in the amount of $29,500 with funds to be designated from the Contingency Fund from the Courthouse Renovation Project and, if sufficient funds were not available for completion from the Project Contingency Fund, the funds were to be designated from the Administrative Contingency Fund.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of February 2008.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for February 2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the Refunds and Releases Report for February 2008, as presented.
VOTE: Aye-5
Nay-0
C. Tax Lien Report – Mr. Kelvin Byrd reviewed the Tax Lien Report. Mr. Byrd requested the Board accept the listing of delinquent tax bills that were liens on real property and authorize the advertisement of such liens.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to charge Mr. Byrd to advertise delinquent tax bills that were liens on real property.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. CDBG Public Hearing Requests – Mr. Joe Furman requested two public hearings be scheduled in conjunction with the application for Community Development Block Grant (CDBG) funds for the new Hospitality House. Mr. Furman recommended that the public hearings be scheduled on Tuesday, March 18th, and at the night meeting in April. The third Tuesday in April was the 15th which was only eight days from the Monday meeting on the 7th.
Some discussion was held on the rescheduling of the second meeting in April; however, action on the April meeting schedule was tabled until later in the meeting to allow time to check calendars.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to set two public hearings, the first on Tuesday, March 18, 2008, at 6:00 P.M. and the second at the to-be-scheduled night meeting in April, to allow citizen comment on the application for CDBG funds for the new Hospitality House.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee – Mr. Joe Furman presented a subdivision performance guarantee for the Meadow Creek subdivision Phase II that was an irrevocable letter of credit from High Country Bank which was for road construction and pursuant to section 92 of the Subdivision Regulations.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the Subdivision Performance Guarantee as presented.
VOTE: Aye-5
Nay-0
VEHICLE BID AWARDS
Assistant County Manager Geouque reviewed the following bids received for a 4x4 truck for the Department of Animal Care and Control; a compact 4x4 for the Tax Department; and a cargo van for the Maintenance Department:
|
Vendor
|
4x4 Truck
|
Compact 4x4 SUV
|
Cargo Van
|
|
Ashe County Motors
|
$16,820
|
$18,072.97
|
$15,812.94
|
|
Boone Ford
|
$17,989
|
$19,649
|
$18,026
|
|
Capital Ford
(State Contract Price)
|
$16,830
|
---
|
$16,617.50
|
|
Flow Automotive
|
---
|
---
|
$19,521
|
|
Vic Bailey Ford
(State Contract Price)
|
---
|
$18,472
|
---
|
The Assistant County Manager stated that the vehicles were replacements and funds were budgeted in the existing Departmental budget lines. Mr. Geouque recommended that the low bid from Ashe County Motors be accepted for each of the vehicles for a total amount of $50,705.91.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to award the three bids to Ashe County Motors as follows: the 4x4 truck in the amount of $16,820; the compact 4x4 SUV in the amount of $18,072.97; and the cargo van in the amount of $15,812.94 for a total amount of $50,705.91.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Recommended Proposal for High School Financing – Ms. Doris Isaacs presented proposals as follows for funding of the new high school:
|
Financial Institution
|
Amount
|
Term
|
Rate
|
Total Debt Service
|
One-Time Cost
|
|
BB&T
|
$70,000,000
$45,000,000
$25,000,000
$25,000,000
|
20 years
20 years
3 year call
20 years
|
4.14%
4.17%
3.41%
3.41/4.17%
|
$102,698,290
$65,016,000
$27,699,583
$37,508,541
|
$14,000
|
|
Suntrust
|
$45,000,000
$25,000,000
|
20 years
3 year call
|
4.23%
3.16%
|
$65,272,275
$27,488,500
|
$10,000
|
|
Wachovia
|
$45,000,000
$25,000,000
|
20 years
|
4.33%
5.71%
|
$65,272,275
$27,488,500
|
$10,000
|
|
Bank of America
|
$45,000,000
|
20 years
|
4.584%
|
$66,945,900
|
n/a
|
After reviewing the proposals, Ms. Isaacs recommended BB&T’s proposal as it was $41,000 lower that the others overall. Ms. Isaacs also stated that the Local Government Commission and Bond Counsel Scott Leo were both pleased with BB&T’s proposal and recommended moving ahead with the financing. Ms. Isaacs presented a proposed resolution prepared by Bond Counsel Scott Leo detailing the financing.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to adopt the resolution and award the bid to BB&T as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
B. LEED Certification Fees – County Manager Nelson reviewed a proposal from Shuller Ferris Linstrom and Associates for the LEED Certification process for the new Watauga County High School. The total amount requested was $160,150 with a breakdown of $10,350 for USGBC Fees; $99,800 for Design Team Fees; and $50,000 for the support team from Appalachian State University.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve $160,150 for LEED Certification fees as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Permit Fees Funding Request – The County Manager stated that, at the last meeting, the Board tabled consideration of permit fees due to the Town of Boone for the High School Project. A building permit application was required for the support or site buildings with fees in the amount of $3,255.30 as well as Fire Inspection Fees in the amount of $2,853.68. The Water Availability Fee for the new high school was $76,279; however, the Town of Boone was to allow a credit for the allocation at the existing school in the amount of $57,640.50. The County Manager stated that to claim the adjustment the County needed to sign a release of any claims for water at the existing site once the building was abandoned for high school purposes. Utilizing the credit reduces the amount due for the availability fee to $18,639.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to authorize staff to pay the following permit fees to the Town of Boone: $3,255.30 for site buildings; $2,853.68 for fire inspections; and $18,639 for the water availability fee.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Reimbursable Agreement between Watauga County and Foscoe Volunteer Fire Department for Construction of a Driveway Entrance to a New Sub-Station on SR 1114 – The County Manager reviewed an agreement between the Department of Transportation, Watauga County, and the Foscoe Volunteer Fire Department for the construction of a driveway entrance at their new Sub-Station, located on State Road 1114 in Valle Crucis. The County Manager stated that the Department of Transportation could not reimburse the fire department directly for the construction of the driveway entrance. Foscoe Volunteer Fire Department needed to contract for the provision of the entrance and submit bills to Watauga County who, in turn, was to forward the bills to the Department of Transportation for reimbursement. The Department of Transportation had stated that this was the only way they could assist Foscoe with this expense.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the contract, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Forest Service Lease Renewal Request – The Watauga County Forest Service requested a three-year extension of their lease for the site of their office trailer on the County’s landfill property. This was for an extension of a lease agreement that expired in May of 2007.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to renew the lease beginning March 1, 2008.
VOTE: Aye-5
Nay-0
C. DOT Request for an Easement at the Intersections of HWY 105 and Wilson Drive – County Manager Nelson stated that, at the last meeting, the Board tabled a request from the Department of Transportation for an easement for the relocation of a telephone pole and guy wire on the County property near the intersection of HWY 105 and Wilson Drive.
Commissioner Cooper, seconded by Commissioner Moretz, moved to grant DOT an easement as set forth.
VOTE: Aye-5
Nay-0
D. Courthouse Addition Change Order Request – County Manager Nelson reviewed Change Order # 16 for the Watauga County Courthouse Renovation project. The Change Order included four additional doors in the Courtroom; a larger desk in the Court Reporter’s area; and a new security system for the elevator. The total amount of the Change Order was $16,046 and each item had been previously discussed.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Order # 16 in the amount of $16,046.
VOTE: Aye-5
Nay-0
E. Boards and Commissions – County Manager Nelson stated that the Town of Boone had nominated Mr. Joe Robinson and Mr. David Koppenhaver to fill a position as their representative on the Watauga County Recreation Commission.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive the second reading and appoint Mr. Joe Robinson to the Watauga County Recreation Commission as the Town of Boone’s representative.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Mr. George Miles’ term expired in March 2008 on the Watauga County Nursing Home Community Advisory Committee and he was willing to continue to serve if reappointed.
County Manager Nelson stated that both Ms. Pat Taylor and Ms. Angie Greene’s terms were to expire on the Watauga County Adult Care Home Community Advisory Committee and both were willing to continue to serve if reappointed.
County Manager Nelson stated that Bethel Elementary School had nominated Mr. Tim Eggers for appointment as their representative to the Watauga County Recreation Commission.
County Manager Nelson stated that Mabel Elementary School had nominated Mr. Bill Hollingsworth for reappointment as their representative to the Watauga County Recreation Commission.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to waive the second readings and reappoint the following: Mr. George Miles to the Watauga County Nursing Home Community Advisory Committee; Ms. Pat Taylor and Ms. Angie Greene to the Watauga County Adult Care Home Community Advisory Committee; and appoint Mr. Tim Eggers and reappoint Mr. Bill Hollingsworth to the Watauga County Recreation Commission.
VOTE: Aye-5
Nay-0
F. Announcements – County Manager Nelson shared an e-mail from Kevin Lacy, Department of Transportation representative, which announced that, due to a ruling by the North Carolina Attorney General’s Office, 53-foot trailers were now legal on US 421 in Watauga County as US 421 was included as a “Federal-aid Primary Highway.” The County Manager stated that DOT was updating their maps to include US 421 as approved for the 53-foot trailers.
County Manager Nelson announced that the National Association of Counties Annual Conference was scheduled for July 11-15 in Kansas City, Missouri.
County Manager Nelson announced that the Watauga County Economic Development Commission was presenting the Watauga Green Business Plan on Thursday, March 6th at 12:00 Noon at the Chamber of Commerce “Lunch and Learn” program.
County Manager Nelson announced that the North Carolina Association of County Commissioners was holding district meetings across the State in April with the meeting for our district being on April 3, 2008, in Catawba County.
County Manager Nelson announced that the North Carolina Association of County Commissioners County Assembly Day was scheduled for June 10, 2008.
County Manager Nelson announced that a joint meeting with the Board of Commissioners and the Watauga County Board of Education was scheduled for Tuesday, March 18, 2008, at 6:00 P.M. for approval of the Guaranteed Maximum Price #3 for the New High School Project.
PUBLIC COMMENT
Mr. Bradley McIntyre with McIntyre Disposal addressed the Board regarding the Sanitation Department.
CLOSED SESSION
At 11:00 A.M., Commissioner Cooper, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Economic Development Matters, per G. S. 143-318.11(a)(4).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to resume the open meeting at 11:40 A.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
April Meeting Schedule
By consensus, the Board agreed to hold only one regular meeting in April 2008 which was scheduled for Monday, April 14, 2008, at 6:00 P.M.; therefore, the regular meetings for April 7th and 15th were cancelled.
ADJOURN
The Chairman adjourned the meeting at 11:40 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board