MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 19, 2010
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, January 19, 2010, at 5:00 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 5:00 P.M., welcoming those in attendance.
 
                [Clerk’s Note: Vice-Chairman Winkler arrived at 5:33 P.M. due to a prior commitment.]
 
JOINT MEETING WITH THE WATAUGA COUNTY PLANNING BOARD FOR THE PRESENTATION OF THE CITIZENS’ PLAN FOR WATAUGA COUNTY BY THE PLAN OVERSIGHT GROUP
 
            The following members of the Watauga County Planning Board were present: Ric Mattar, Charlie Wallin, Diane Tilson, Lowell Thomas, Jim Fox, Jeff Deal, and Jamey Hodges.
 
            A joint work session was conducted with the Watauga County Planning Board for the presentation of the Citizens’ Plan for Watauga County by the Plan Oversight Group. Chairman Deal stated that the last plan was developed for Watauga County 15 years ago. The Plan was not developed to be specific, but rather a “road map” to assist in future plans. The Plan was considered a “living document” which was to change as necessary.
 
            Plan Oversight Group members were Buck Robbins, Fred Badders, Shelton Wilder, Charlie Wallin (also a Planning Board member), Winston Kinsey (also a Commissioner), and Steve Loflin. Charlie Wallin presented the Citizens’ Plan for Watauga County and gave the background for the development of the Plan which began with Phase I in 2007 and completed with Phase II which was finalized in December 2009.
 
            Mr. Steve Loflin reviewed the summary of the Plan and encouraged the continuance of the planning process. The Plan included recommendations for future planning in transportation; economic development; community services; water and sewer; affordable (workforce) housing; the preservation of unique community identities and heritage; and parks and recreation.
 
            The Plan encouraged similar endeavors across governmental jurisdictions, meshing with those of municipalities within the County and reflecting the ongoing programs of present and future Community Planning Council Districts.
 
            Multiple planning paths were also recommended as follows: Path 1 – Watauga Gateway Corridors (focusing on transportation); Path 2 – Unique Communities (focusing on establishing rural communities that exhibit unique characteristics worthy of preservation); and Path 3 – Rural/Agricultural Regions (focusing on those areas outside the Gateway Corridors and Unique Communities that are predominately rural and characterized by low-density residential development with substantial land areas devoted to agriculture and undeveloped forest lands).
 
            The Plan was developed to be the beginning point for a continuum of deliberate stratigies and actions designed to understand, anticipate, and manage future changes while insuring that such change is consistent with the will of the citizens and compatible with the natural environment of the County
 
            Mr. Martin with Martin McGill, who prepared the Plan as directed by the POG, stated that it was important to accept the recommendations and move forward by using the Plan as a “work-horse” or “vehicle” for due diligence to support the Board with the work needed in planning for the future.
 
            After lengthy discussion, Chairman Deal stated that the Board of Commissioners planned to:  review the Plan at their Annual Pre-Budget Retreat; schedule a joint meeting with the towns located within the County and Appalachian State University; take action steps to move forward; refer back to the POG and/or Planning Board when questions or clarifications were needed; and take formal action to accept the Plan.
 
            At 5:50 P.M. Chairman Deal called for a brief recess prior to continuing the regular meeting.
 
APPROVAL OF MINUTES
 
            Chairman Deal reconvened the meeting at 6:06 P.M. and called for additions and/or corrections to the January 4, 2010, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the January 4, 2010, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the January 4, 2010, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the January 19, 2010, agenda.
 
            County Manager Nelson stated that there was possible action after closed session regarding Personnel Matters.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the January 19, 2010, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PARKS AND RECREATION MATTERS
 
A.        Public Hearing to Allow Citizen Comment on a Parks and Recreation Trust Fund (PARTF) Grant Application for Rocky Knob Park – Chairman Deal declared the public hearing open at 6:08 P.M. to allow for comment on a Parks and Recreation Trust Fund (PARTF) Grant Application for Rocky Know Park.
 
Mr. Stephen Poulos, Parks and Recreation Director, stated that the public hearing was required prior to submission of the PARTF application.
 
The following citizens spoke, all in favor of Rocky Knob Park and the grant application: Lora Elder, cyclist; Eric Hiegl, Executive Director of High Country Conservancy; Rob Holton, Chairman of the Watauga County Tourism Development Authority Advisory Board; Dave Robertson, TDA Board member; Kimberly Marland, Boone Area Cyclists Board of Directors member; Eric Marland, Boone Area Cyclists Board of Directors member and member of the Appalachian State University Cycling Club.
 
At the conclusion of public comment, Chairman Deal declared the public hearing closed at 6:29 P.M.
 
            Mr. Poulos thanked Mr. Eric Woolridge with the Watauga County Tourism Development Authority for his work on the Rocky Knob Park Project. Mr. Poulos stated that the grant application was due February 1, 2010, and grant awards were typically made in May and July.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize the submission of a Parks and Recreation Trust Fund Grant Application for Rocky Knob Park.
 
VOTE:   Aye-5
              Nay-0
 
B.         Presentation of Parks and Recreation Master Plan – Mr. Poulos presented the new Parks and Recreation Ten-Year Master Plan. Mr. Poulos stated that the Plan was developed at a cost of less than $10,000 with the assistance of the High Country Council of Governments (HCCOG) and Appalachian State University’s (ASU) Recreation Management Department. Mr. Kelly Coffey with the HCCOG prepared the plan with data collected from a survey conducted by Dr. Stephanie West and Ms. Megan Childers with ASU.
 
            Dr. West presented a summary of the steps involved in the development of the Plan and Ms. Childers reviewed the summary. Ms. Childers stated that a needs assessment was conducted through a survey and three community meetings were held to determine the facility priorities of County residents. Ms. West stated that, based on the highest averages, respondents to the needs assessment wanted the following: indoor walking track; paved walking trails; unpaved hiking trails; biking trails; picnic shelters, tables and grills; indoor swimming pool; fitness and weight room; lighted walking trails; multipurpose courts; and paddling access points on the Watauga River.
 
            Ms. West stated that the proposed Master Plan included the recommendations from the needs assessment.
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to accept and adopt the Recreation Master Plan as presented.
 
VOTE:   Aye-5
              Nay-0
 
BID AWARD REQUEST FOR FURNITURE, FIXTURES, & EQUIPEMENT (FF&E) FOR THE NEW HIGH SCHOOL
 
The Board agreed to table this item until after closed session due to legal questions for the County Attorney prior to action.
 
BUDGET AMENDMENTS
 
Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103910-391000           Proceed of Installment Purchase Contract                             $495,000
103300-341429           Watauga District TDA                                                          $421,690
104199-457000           General Admin. – Cap. Outlay – Land           $900,340
104150-469101           Professional Services – Legal                             $2,650
104199-469100           Professional Services – Other                          $13,700
 
            The amendment recognized proceeds of the installment purchase contract and funds from the Watauga District U TDA for the purchase of 45+ acres adjacent to the landfill and associated costs. Plans are to develop this area for recreational use.
 
 
            Account #                    Description                                                           Debit             Credit
143839-353102           Donation – Child Protective Services                                           $200
145310-449904           Child Protective Services                                      $200
 
            The amendment recognized additional December donations for the DSS discretionary funds.
 
            Account #                    Description                                                           Debit             Credit
213991-399101           Fund Balance Appropriation  – New                                       $10,000
219800-498010           Transfer to the General Fund                            $10,000
103980-398121           Transfer From Capital Reserve                                               $10,000
104210-442201           PC Software/Licenses                                     $10,000
 
            The amendment recognized the transfer of funds from the Capital Reserve Fund Courthouse set-a-side to the General Fund for additional costs associated with the upgrade of the County e-mail system.
 
            Account #                    Description                                                           Debit             Credit
143839-353100           Donations – Foster Children                                                        $546
143839-353102           Donations – Child Protective Services                                          $300
145310-449902           Foster Children’s Fund                                         $546
145310-449904           Child Protective Services                                      $300
 
The amendment recognized September and October donations for the DSS discretionary funds.
 
            Account #                    Description                                                           Debit             Credit
103300-359110           Public School – National Forest Services                                       $70
105911-469801           Ed. Grant – National Forest Receipts                      $70
 
The amendment recognized additional proceeds from the sale of timber from federally owned land. Proceeds were to be used for educational purposes.
 
            Account #                    Description                                                           Debit             Credit
103835-382000           Sale of Fixed Assets                                                               $34,800
104199-499101           Contingency-Board of Education                     $34,800
 
The amendment recognized additional proceeds above the amount budgeted for the sale of the Edmisten property.
 
            Account #                    Description                                                           Debit             Credit
283101-312919           Taxes MC/Creston – FY 2010                                                $1,000
284340-469919           Payment to Meat Camp/Creston                        $1,000
 
The amendment recognized additional ad valorem tax revenue above the Tax Administrator’s projection for Meat Camp/Creston Fire Service District.
 
            Account #                    Description                                                           Debit             Credit
663300-347210           NC Dept. of Natural Resources                                             $11,120
664721-455002           Capital Outlay – Other Equipment                    $11,120
 
The amendment recognized grant funds from the NC Department of Natural Resources for consideration of a glass bunker to assist in recycling glass.
 
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Ms. Isaacs also presented a Capital Project Ordinance for the Upper Watauga River Enhancement Loan/Grant Project # 2W370918-01.
 
            Ms. Isaacs stated that the Ordinance was required to receive grant funds. County Manager Nelson stated that the other 50% of the project costs were to be forgiven.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the Capital Project Ordinance for the Upper Watauga River Enhancement Loan/Grant Project #2W370918-01 as presented by Ms. Isaacs.
 
VOTE:   Aye-5
              Nay-0
 
            Chairman Deal requested Ms. Isaacs remain at the podium and directed the County Manager to read a proclamation in honor of Ms. Isaacs’ service to the County upon her retirement which was effective February 1, 2010.
 
            County Manager Nelson read the proclamation.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the proclamation in honor of Doris Isaacs as presented.
 
VOTE:   Aye-5
              Nay-0
 
SHERIFF’S OFFICE REQUEST FOR GRANT APPLICATION SUBMISSION
 
            Captain Kelly Redmon presented a request for the submission of a Criminal Justice Improvement Grant through the Governor’s Crime Commission totaling $10,320 for the purchase and installation of laptop computers in five patrol cars. If awarded, the grant period was to begin July 1, 2010, and, therefore, the required local match of $2,580 would need to be budgeted in the Sheriff’s Office FY 2011 budget.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to authorize the submission of the Criminal Justice Improvement Grant through the Governor’s Crime Commission in the amount of $10,320 with a local match of $2,580 which was to be included in the FY 2011 Sheriff’s Office budget.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Proclamation in Support of the “Rock the Blue Ridge: 75 Beautiful Miles for 75 Beautiful Years” Bike Ride Ms Lora Elder presented a proposed proclamation in support of a planned 75-mile bike ride entitled “Rock the Blue Ridge: 75 Beautiful Miles for 75 Beautiful Years.” This event was scheduled for August 29, 2010.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the proclamation as presented by Ms. Elder.
 
VOTE:   Aye-5
              Nay-0
 
B.         Proposed Proclamations Honoring Boy Scouts of America County Manager Nelson stated that the Old Hickory Council of Boy Scouts of America had requested consideration of two proposed proclamations: one in honor of scouting values which designated the week of February 7-13, 2010 as Scouting Anniversary Week in honor of the 100th Anniversary of Boy Scouting and the second in honor of scouting’s contributions to society which designated February 8, 2010, as “Boy Scouts of America Day.” 
 
            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to adopt both proclamations as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
C.        Proposed Resolution Establishing the Sheriff’s Salary County Manager Nelson stated that General Statutes required that a resolution establishing the Sheriff’s salary be adopted at least fourteen days prior to filing each election cycle period. The County Manager presented a proposed resolution which established the Sheriff’s salary at the entry level amount of $65,617 for filing purposes for the 2010 election.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution establishing the Sheriff’s salary at $65,617 as presented.
 
VOTE:   Aye-5
              Nay-0
 
D.        TDA Request for “Adopt A Trail” Grant Application Submission County Manager Nelson stated that the Watauga County Tourism Development Authority (TDA) had requested authority to submit an “Adopt a Trail” grant in the amount of $5,000 to the NC Trails Program. No local match was required. 
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to authorize the submission of the “Adopt A Trail” grant in the amount of $5,000 with no local match.
 
VOTE:   Aye-5
              Nay-0
 
E.         Discussion of Identification of Federal Issues for Submission to the NCACC
County Manager Nelson stated that the North Carolina Association of County Commissioners (NCACC) had forwarded information regarding Federal issues that were to be presented at the National Legislative Conference in March 2010. The NCACC requested that the Board review the established Federal issues of statewide importance and welcomed any additional items.
 
            This item was tabled until the next meeting to allow for the opportunity to submit additional items of interest.
 
F.         Report on Sunday Hunting Issue County Manager Nelson gave a brief report on the issue of Sunday hunting. The County Manager stated that, according to Representative Tarleton, the NC Legislature was to debate whether to allow Sunday bow hunting in the short session that begins in May 2010 with the intent to allow a County to opt out through submission of a resolution which needed to be forwarded by April 1, 2010. The County Manager stated that a separate Bill (SB7) which repealed the current law that bans Sunday hunting currently resided in the Senate Judiciary Committee. If this Bill was to pass, it was to allow Sunday hunting by the use of bows as well as guns.
 
            The Board requested this topic be added to the Annual Pre-Budget Retreat Agenda to allow for further discussion.
 
G.        Announcements – County Manager Nelson announced that the Western Carolina University Public Affairs Department had scheduled a seminar on February 19, 2010, from 10:00 A.M. to 3:00 P.M. in Asheville regarding opportunities and training in gauging public opinion. 
 
County Manager Nelson announced that Guilford County was hosting an Ethics Training Class for Elected Officials in the High Country Council of Governments’ region on February 16, 2010 from 8:00 A.M. to 10:00 A.M. in Greensboro. The class satisfied G. S. 160A-84 requirements.
 
PUBLIC COMMENT
 
            Sheriff Hagaman shared that Sergeant Pat Baker had been named as DARE Officer of the Year in the State of North Carolina. Sergeant Baker was presented with his award.
 
            Ged Moody and Ray Sinclair, business partners who had responded to an RFQ for the photovoltaic system plan, shared their desire to partner with the County on the plan.
 
CLOSED SESSION
 
            At 6:57 P.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); and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 8:30 P.M.
 
VOTE:   Aye-5
              Nay-0
 
ACTION AFTER CLOSED SESSION
 
BID AWARD REQUEST FOR FURNITURE, FIXTURES, & EQUIPMENT (FF&E) FOR THE NEW HIGH SCHOOL
 
The School Board presented recommendations for the award of contracts for Furniture, Fixtures, & Equipment (FF&E) packages totaling $1,235,077.79. Low bidders were recommended with the following exceptions:
 
Exception #1:  The lowest bidder did not meet all bid requirements for Section 1, Items CHI, CH3, and CH4; Section 2, Items D1 and T1; and Section 4, Items STOR3, STOR4, STOR7, and LATI. Each of these items were awarded to WJ Office City even though Perfection Equipment had the lower bid. Perfection Equipment bids did not meet the GreenGuard Certification and laminates were not exact finish matches (JSI uses standard stock finish matches).  Also, WJ Office City's drawer slides were 100% steel ball bearing construction; therefore, the alternate bids were not comparable.
 
Exception #2: Section 1, Items BE3 and BE4 were awarded to the second lowest bidder, OE of Asheville, and combined with Section 1, Items CHI 1 and CHI 3 which kept all benches under one vendor and gained an advantage on delivery and installation.  The combination of Items BE3 and BE4 with Items CHI I and CHI 3 resulted in a savings of $1003.43, once freight and installment charges were considered.  The bids included two companies bidding on different components of the same piece of furniture.  The second lowest bidder was awarded because the entire piece of furniture was included in OE of Asheville's bid, and the scheduling and warranty contracts were to be simplified with the choice of OE of Asheville.
 
Exception #3: Section 4, Items SHEL1, SHEL2, and SHEL3 were awarded to the second highest bidder, Interior Systems, because of their complete bid on the shelving. School Specialty, which was the lowest, did not bid on the top and end panels for the shelves.  This bid was recommended for scheduling and warranty related reasons as well.
 
THE FULL BID TABULATION SHEET IS RECORDED IN THE MINUTE BOOK
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to award the Furniture, Fixtures, & Equipment (FF&E) packages totaling $1,235,077.79 as recommended by the Board of Education with the exceptions to low bids as noted above.
 
VOTE:   Aye-5
              Nay-0
 
APPOINTMENT OF WATAUGA COUNTY FINANCE DIRECTOR
 
Commissioner Kinsey, seconded by Commissioner Cooper, moved to appoint Margaret Pierce as the Watauga County Finance Director effective February 1, 2010, with a salary set at $70,000 annually.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 8:32 P.M.
 
 
Jim Deal, Chairman
 
ATTEST:                                                                    
Anita J. Fogle, Clerk to the Board