MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 5, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, January 5, 2009, at 9:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                John Cooper, Commissioner
                                                Tim Futrelle, Commissioner
                                                Winston Kinsey, Commissioner
                                                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 9:06 A.M., welcoming those in attendance.
 
            Vice-Chairman Winkler opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the December 2, 2008, regular meeting and closed session minutes and the December 12, 2008, special meeting and closed session special meeting minutes.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the December 2, 2008, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the December 2, 2008, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the December 12, 2008, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the December 12, 2008, special meeting closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the January 5, 2009, agenda.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the January 5, 2009, agenda as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPALACHIAN DISTRICT HEALTH DEPARTMENT ANNUAL REPORT
 
            Mr. Danny Staley presented the FY 2008 Annual Report for the Appalachian District Health Department. The report discussed community health concerns and successes.
 
The report was presented for information only and, therefore, no action was required.
 
BID AWARD REQUEST FOR THE HOWARDS KNOB COMMUNICATIONS BUILDING
 
            Mr. Randy Jones, Architect for the Howards Knob Communications Building, presented bids received for construction. Mr. Jones discussed the two low bidders; Carolina Builders, Inc. in the amount of $159,983.41 and the second lowest bidder, Eaglewood, Inc. in the amount of $164,165. Mr. Jones expressed concerns about the apparent low bidder, Carolina Builders, Inc., regarding their commercial experience. There was also an issue with their bid as they had not included unit prices prior to the bid opening. Mr. Jones offered the pros and cons of each bidder and, after discussion with the Board, recommended Eaglewood as the lowest responsible qualified bidder for the project. County Manager Nelson stated that funds for the project were to be taken from the Communications Capital Reserve Line.  The County Manager stated that this project was recommended in that this building was vital to the County’s emergency communications network and was to be the cornerstone of any improvements made to the system in the future.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to award the bid for construction of the Howards Knob Communications Building to Eaglewood, Inc., as the lowest responsible qualified bidder, as recommended by Mr. Randy Jones.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED CONSERVATION EASEMENT REQUEST
 
            At the September 16, 2008, Board meeting, approval was given to Ms. Wendy Patoprsty and the Watauga Cooperative Extension Agency to work with Ms. Lynn Caldwell and the National Committee for the New River in applying for grants for stream bank restoration and improvement of the habitat and storm water runoff at the Brookshire Road Park. Ms. Patoprsty and Ms. Caldwell presented a proposed letter of intent to be executed between the National Committee for the New River and the County which was required by the grants being sought. If awarded, the grants also required a conservation easement of approximately five to six acres in the area of the wetlands restoration project. A draft copy of the easement was also presented, however; action was not required unless the grant/s was/were awarded.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve execution of the letter of intent as presented by Ms. Patoprsty and Ms. Caldwell.
 
VOTE:   Aye-5
              Nay-0
 
PARKS AND RECREATION TRUST FUND (PARTF) GRANT APPLICATION REQUEST
 
            Mr. Stephen Poulos requested approval to submit an application for a Parks and Recreation Trust Fund (PARTF) grant for the Brookshire Road Park. The grant, if awarded, was to partially fund a paved walking trail, basketball court, picnic shelters, sand volleyball court, and bathrooms. Mr. Poulos presented a $1,000,000 budget for the project. The grant was for $500,000 and required a $500,000 local match which was tentatively earmarked in the County’s Capital Reserve Account for recreation. 
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to authorize submission of the Parks and Recreation Trust Fund (PARTF) grant as presented by Mr. Poulos.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson stated that a public hearing was required prior to application submission and requested one be set for the January 20, 2009, meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to set a public hearing for the January 20, 2009, Board meeting at 6:00 P.M. to allow public comment on the Parks and Recreation Trust Fund (PARTF) grant application.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of December 2008.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for December 2008 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the Refunds and Releases Report for December 2008, as presented.
 
VOTE:   Aye-5
              Nay-0
 
FINANCE MATTERS
 
A.        Budget Amendments – Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
145310-412600           Salaries-Part-Time                                           $14,366
145310-418100           Social Security                                                   $1,099
145310-418600           Worker’s Compensation                                       $338
145480-438800           Crisis Intervention Payment                              $40,332
143531-323000           Administrative Cost Reimb.                                                    $56,135
 
            The amendment recognized additional revenue from NC Department of Health and Human Services for the Crisis Intervention Program to address increased energy costs.
 
            Account #                    Description                                                           Debit             Credit
105550-426000           Office Supplies                                                  $1,500
105550-429200           Program Supplies                                              $2,453
105550-431300           Client Transportation                                         $3,500
105550-432100           Telephone                                                            $400
105550-432500           Postage                                                                $150
105550-434100           Printing                                                                 $450
105550-469511           Cont. Services-Health Screenings                      $2,500
105550-469514           Cont. Services-Instructor                                   $6,500
103586-332004           Senior Center Grant                                                               $17,453
 
            The amendment recognized additional state revenue for aging services. The grant award was approved at the December 2, 2008, Board meeting.
 
 
            Account #                    Description                                                           Debit             Credit
103341-349201           Watauga Naturally                                                                   $1,000
104920-463000           Economic Dev.-Watauga Naturally                    $1,000
 
            The amendment recognized Watauga Naturally program revenue and expenses.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
B.         Surplus Property Request – Ms. Isaacs presented a list of property and requested it be surplused and subsequently sold through GovDeals, recycled, or scrapped.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to surplus the property as presented and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
 
VOTE:   Aye-5
              Nay-0
 
DISCUSSION OF HOUSE BILL 1134
 
            Mr. Furman discussed House Bill 1134 which was passed in July 2008. The Bill offered the County the opportunity to develop and implement a policy and process for disposing of abandoned manufactured homes. If the County chose to take advantage of this opportunity, it was required to develop a policy to claim reimbursement from the State Solid Waste Fund. If the County chose not to implement this process, it was required to state in its Solid Waste Plan that it declined. Mr. Furman stated that the Board had three options: 1) choose not to implement a plan; 2) request a grant to implement and develop a plan; or 3) defer a decision until a study of the magnitude of the problem was complete.
 
            By consensus, the Board directed staff to compile a list of abandoned mobile homes, perhaps to be referenced by the Sheriff’s Office, Planning and Inspections Department, and citizens. A report was to be presented prior to possible future action.
 
BID AWARD REQUEST FOR AQUATIC CENTER BOILER REPLACEMENT
 
            Mr. Robert Marsh, Maintenance Director, stated that a plan existed to convert the propane boilers at the swimming pool complex to natural gas in anticipation of realizing costs savings by the switch. During the bid process for the retrofit, both County staff and vendors agreed that the existing equipment was near the end of its usefulness and in need of replacement. Therefore, Mr. Marsh recommended replacing the three boilers at a cost of $12,000 and to award the bid, in the amount of $16,950, for installation and disposal of the existing equipment to the low bidder, Expert Air, Inc., out of Indian Trail, NC. $9,150 over the budgeted amount was necessary to complete the project and County Manager Nelson recommended that be taken from the Administrative Contingency Budget.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the County purchasing three new boilers at a cost of $12,000; to award the bid to Expert Air, Inc., in the amount of $16,950; and to allocate the additional $9,150 needed for the project from the Administrative Contingency Budget.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED HMEP PLANNING GRANT FOR 2009
 
            Mr. Steve Sudderth, Fire Marshal/Emergency Management Director, stated that each year the County was awarded Hazardous Materials Emergency Planning (HMEP) grants from the NC Emergency Management Department to conduct training exercises. The amount for this year was $10,000 and no local match was required.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the grant award as presented by Mr. Sudderth.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 New High School Matters
1.         New High School CM Contingency Request # 10 – County Manager Nelson presented CM Contingency Request # 10 which had been previously discussed. The amount was for $11,000 to cover price increases in the bleachers. The increase was due to the bid not being accepted within the time frame as outlined and, therefore, was appropriate to be allocated from the CM Contingency fund.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Construction Management Contingency request # 10 in the amount of $11,000.
 
VOTE:   Aye-5
              Nay-0
 
2.         Requested Change Orders #’s 10R, 12, & 13 – County Manager Nelson presented change order requests #’s 10R, 12, & 13 for review and requested approval. 
 
Change order # 10R was a deductive change order in the amount of $88,214 that was to deduct the Construction Management Contingency Fund to agree with the contracted amount. The County Manager stated that, when the contract was negotiated, both the fee for Construction Management services and the Construction Management contingency were established as a lump sum as opposed to a percentage of the overall budget. Therefore, as change orders increase the budgeted amount with Barnhill/Vannoy, it does not affect their fees or contingency amount.
 
            Change order # 12, in the amount of $51,414, was to redesign the classroom wing roofing systems. This change order had been previously discussed and essentially made the roof more substantial as to the types and amounts of underlayment being used under the metal roofing material.
 
            Change order # 13, in the amount of $28,876.75, was to install self-metering (automatic) faucets as required by the Town of Boone. In meeting with Mr. Kesterson, the County Manager stated that staff was of the opinion that these costs would have been essentially the same had they been drawn and bid initially in compliance with the Town of Boone’s requirements. Mr. Kesterson planned to buy the faucets out of the construction budget, thereby preventing the markup that would normally be incurred if provided by a subcontractor. 
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve change orders #’s 10R, 12, & 13 as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
3.         Discussion of Re-Scheduling the Joint Meeting to Discuss the Greenway Trail Connector at the New High School Site – County Manager Nelson stated that the meeting dates previously discussed were not convenient for the majority of School Board members. The School Board was available to meet on either Saturday, January 10th at 8:30 A.M.; Saturday, January 17th at 8:30 A.M., or any night the week of January 26th.
 
After discussion, and by consensus, the Board agreed to set a special joint meeting with the School Board and Town of Boone Greenway Sub-committee for Saturday, January 17, 2009, at 8:30 A.M. in the Commissioners’ Board Room to discuss a Greenway Trail connector at the new high school.
 
            B.         Proposed Resolution for Soil and Water District Grant Application (Cove Creek) – County Manager Nelson stated that the Soil and Water Conservation District requested approval via a proposed resolution to apply for an $84,000 grant for stream bank restoration and enhancement on Cove Creek. The County Manager stated that the land owner was Marcie Glenn-Parker who was to be responsible for the cost share and local match amount for the grant. The County Manager stated that the grant application was required to be submitted by December 31, 2008, therefore, staff had tentatively approved the resolution but it was to be withdrawn if the Board did not wish to consider the application.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented.
 
VOTE:   Aye-5
              Nay-0
 
            C.        Discussion of Scheduling the Annual Pre-Budget Retreat – County Manager Nelson stated that, at the last meeting, it was directed that scheduling for the Pre-Budget Retreat be discussed at this meeting. 
 
            By consensus, the Board agreed to tentatively schedule the Annual Pre-Budget Retreat for Thursday, February 19, 2009, from 4:00 P.M. to 8:00 P.M. and Friday, February 20, 2009, from approximately 9:00 A.M. to approximately 5:00 P.M.
 
            D.        Draft Letter of Support for Affordable Housing – County Manager Nelson presented a draft letter supporting affordable housing in Watauga County which was per Commissioner request.
 
            After a brief discussion, Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to direct the County Manager to finalize the general letter in support for affordable housing.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Appointment of Legislative Liaison to the NCACC – County Manager Nelson stated that the NCACC had requested that each County appoint a Legislative Liaison who would be contacted throughout the year with legislative news to share locally.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to appoint Commissioner Kinsey as Watauga County’s Legislative Liaison to the NCACC.
 
VOTE:   Aye-5
              Nay-0
 
F.         Boards and Commissions – County Manager Nelson stated that Commissioner appointments to the Watauga County Planning Board and the Board of Directors for the Boone Rural Fire Protection Service District were needed. Appointments for both were to coincide with the appointing Commissioners’ terms in office. The County Manager stated that appointees for the Planning Board must reside in the appointing Commissioner’s district and appointees for the Board of Directors for the Boone Rural Fire Protection Service District must reside in the appointing Commissioner’s district and within the Boone Rural Fire Protection Service District.
 
            Chairman Deal reappointed Jim Fox; Commissioner Kinsey reappointed Charles Wallin; and Commissioner Futrelle appointed Jeff Deal to serve as their respective appointees to the Watauga County Planning Board.
 
Chairman Deal reappointed Jimmy Marsh and Commissioner Kinsey reappointed Lee Stroupe to serve as their respective appointees to the Board of Directors of the Boone Rural Fire Protection Service District.
 
Commissioner Futrelle tabled his appointment to the Board of Directors for the Boone Rural Fire Protection Service District until a future meeting.
 
G.        Announcements – County Manager Nelson announced that the MountainKeepers seminar, entitled “Working to Create a Resilient Community,” was originally scheduled for Saturday, November 22nd but due to inclement weather had been rescheduled for January 24, 2009, from 9:00 A.M. to 3:00 P.M. at the Watauga High School Cafeteria.
 
County Manager Nelson announced that the North Carolina Association of County Commissioners’ Legislative Goals Conference was scheduled for January 15 & 16, 2009, in Raleigh. Chairman Deal, Commissioner Kinsey, and Commissioner Futrelle planned to attend.
 
County Manager Nelson announced that the next Intergovernmental Retreat was scheduled for Monday, January 26, 2009, from 5:00 P.M. to 7:00 P.M. at the Broyhill Inn and Conference Center, ASU.  The focus of discussion was to be transportation.
 
County Manager Nelson announced that the Sixth Annual NC Sustainable Energy Conference was scheduled for April 14-15, 2009, at the McKimmon Conference & Training Center at NC State University in Raleigh, NC.
 
PUBLIC COMMENT
 
There was no public comment.
 
CLOSED SESSION
 
            At 10:42 A.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the regular meeting at 11:33 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 11:33 A.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board