MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 20, 2010
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, April 20, 2010, at 6:00 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 6:02 P.M., welcoming those in attendance.
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the February 25 & 26, 2010, special meeting minutes (Annual Pre-Budget Retreat); March 16, 2010, regular meeting and closed session minutes; March 18, 2010, special meeting minutes (Charrette); March 22, 2010, special meeting minutes; March 22, 2010, special meeting minutes (Intergovernmental Retreat); and March 26, 2010, special meeting minutes.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the February 25 & 26, 2010, special meeting minutes (Annual Pre-Budget Retreat) as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the March 16, 2010, regular meeting minutes as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the March 16, 2010, closed session minutes as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the March 18, 2010, special meeting minutes (Charrette) as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the March 22, 2010, special meeting minutes as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the March 22, 2010, special meeting minutes (Intergovernmental Retreat) as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the March 26, 2010, special meeting minutes as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Chairman Deal welcomed Ms. Gugu Mohlokoana who was visiting from South Africa through an internship program at Appalachian State University in which she planned to learn more about democratic governmental practices. 
 
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the April 20, 2010, agenda.
 
            County Manager Nelson requested to add a proposed amendment to the Katalyst Contract for the new high school as Item 6B # 2a. The County Manager also stated that he planned to present the items under Sanitation Matters in place of Mr. Potter.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the April 20, 2010, agenda as amended.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE ISSUE OF ADVOCATING FOR OR AGAINST SUNDAY BOW HUNTING
 
            Chairman Deal declared the public hearing open at 6:07 P.M. to allow for comment on the issue of advocating for or against Sunday bow hunting.
 
 
            Chairman Deal stated that allowing bow hunting on Sundays was an issue that was being considered at the state level by the North Carolina Wildlife Commission and Legislature. A petition and several letters and emails were received and reviewed by the Board and, therefore, the Board chose to schedule the public hearing to allow additional citizen comment.
 
            The following citizens voiced their support of Sunday bow hunting: Bill Krupicka, Michael Testerman, Thomas Bennett, Wayne Caudill, Kelsie Caudill, Grant Mastin, and Dylan Aldridge.
 
            The following citizens voiced their opposition to Sunday bow hunting: Mark Hagaman and Bob Perry.
 
There being no public comment, Chairman Deal declared the public hearing closed at 6:28 P.M.
 
            By consensus, the Board agreed to table further discussion and consideration of a recommendation to the state until the May 3, 2010, Board meeting.
           
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON A PLANNED APPLICATION FOR LOCAL GOVERNMENT COMMISSION (LGC) APPROVAL FOR WATAUGA COUNTY TO ISSUE QUALIFIED SCHOOL CONSTRUCTION BONDS (QSCB) FOR USE BY WATAUGA COUNTY BOARD OF EDUCATION FOR AN AMOUNT UP TO $1,351,725
 
            Chairman Deal declared the public hearing open at 6:31 P.M. to allow for comment on the planned application for LGC approval for Watauga County to issue Qualified School Construction Bonds (QSCB) for use by the Watauga County Board of Education for an amount up to $1,351,725.
 
            County Manager Nelson reviewed the application and updated the amount that the School Board requested to a total of $1,290,274 itemized as follows:
 

CAPITAL NEED

JUSTIFICATION

COST ESTIMATION

Roof replacement at Mabel Elementary School with metal roof

Current roof is failing with leaks in several areas

$529,656

Completion of roof replacement at Blowing Rock Elementary School with Asphalt Shingles

Current roof is scheduled for a partial replacement from matching state funds but entire roof is in need of replacement to prevent further leakage/damage

$170,328

Replacement of switches and provide wireless access at all PK-8 schools

To support the conversion to high speed digital access and the use of instructional computing devices at each PK-8 school.

$590,289.86

 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:33 P.M.
 
            Chairman Deal stated that the projects listed were already included in long-range planning; however, the 0% interest rates offered through Qualified School Construction Bonds provided an excellent opportunity to implement the proposed improvements with no tax increases to our citizens.
 
                [Clerk’s Note: The following actions under Section A of School Matters were taken after the public hearing regarding the QSCB.]
 
SCHOOL MATTERS
 
            A.        Qualified School Construction Bonds (QSCB) Matters
 
            1.         Proposed Resolution Authorizing the Filing of an Application for Approval of Financing Agreement Authorized by NCGS 160A-20 – Chairman Deal presented a proposed resolution which authorized the County to the file the application for the Qualified School Construction Bonds. The Board was also presented with a copy of the resolution adopted by the Watauga County Board of Education requesting and approving the application of the QSCB.
 
            Mr. Mike Richter, who works with the school system’s technology program, stated that the Qualified School Construction Bonds presented a good opportunity for upgrading the technological infrastructure and adding wireless capabilities to the County’s schools.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the Resolution Authorizing the Filing of an Application for Approval of Financing Agreement Authorized by NCGS 160A-20 as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            2.         Proposed Declaration for Intent to Reimburse – QSCB – County Manager Nelson stated that the proposed resolution for intent to reimburse was necessary to allow the School Board to be reimbursed for expenses incurred prior to obtaining financing for the listed QSCB projects. The resolution was to allow reimbursement for any engineering or other professional fees and other charges that had been encountered prior to receipt of funding
 
            Chairman Deal requested that the amount in Item # 3 of the resolution be changed to the amount requested as follows: “3. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $1,351,725.00 $1,290,274.”
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the Resolution entitled “Declaration of Official Intent to Reimburse” as presented with the corrected amount listed in Item # 3.
VOTE:      Aye-5
                 Nay-0
 
            3.         Recommended Financing Package for QSCB – Ms. Margaret Pierce, Finance Director, presented a financing proposal for the Qualified School Construction Bonds from BB&T. The loan approval amount was up to $1,351,725 and the term was 10 years with the rate of 5.80% taxable; however the effective rate was 0% due to the federal credit available on the interest through the QSCB.
 
            County Manager Nelson stated that no formalized RFP was issued in that this was a service and, therefore, a RFP was not required. Also, the County had a history with BB&T and Allison Peeler who has provided exemplary service to the County on previous projects. 
 
County Manager Nelson also informed the Board that the Board of Education had to transfer the title of Mabel School to the County which collateralized the loan. The title to the school was to revert back to the School Board upon retirement of the debt. This transfer was to take place prior to closing on the loan in the middle of June.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter into the financing agreement with BB&T as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            4.         Bid Award Request for Mabel School Roof Project – County Manager Nelson stated that the LGC required signed contracts in hand prior to approving the QSCB loan.
 
            The County Manager presented a contract, for the roof replacement project at Mabel Elementary School, with LaFave’s Construction Company, as recommended and approved by the Board of Education, in the total amount of $479,656. The total amount included $472,456 for the metal replacement of the roof and $7,200 for fascia and soffit work which was an alternate included and accepted in the bid.  The recommendation was determined by the School Board, as recommended by their Attorney, through the informal bid process in that the contract award amount was less than $500,000. A $20,000 contingency was also to be added to the contract to be used only if needed for additional work encountered during the roof replacement project. The School Board planned to carry the $20,000 contingency on the project and had also incurred engineering and architect fees in the amount of $30,000 prior to going to bid; therefore, the grand total amount of the project and the amount to be requested through the QSCB was $529,656.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve a maximum total of up to $529,656 for the Mabel School roof replacement project and award the contract for the actual roof replacement and fascia and soffit work to LaFave’s Construction Company in the amount of $479,656.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            5.         Bid Award Request for Blowing Rock School Roof Project – County Manager Nelson presented a contract, for the completion of the shingle replacement roof project at Blowing Rock Elementary School, with Queen’s Shingle Roofing which was the low bidder and recommended by the Board of Education in the total amount of $170,328. The total amount included $163,828 for the completion of the shingle roof replacement of Blowing Rock School and a contingency in the amount of $6,500. The only other bid received was from Greene Construction in the amount of $238,727.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve a maximum total of up to $170,328 for the Blowing Rock Elementary School roof completion project and award the contract to Queen’s Shingle Roofing in the amount of $170,328 which included a $6,500 contingency.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            6.         Bid Award Request for the Technology in PK-8 Schools of Watauga County – County Manager Nelson presented a contract for the technology infrastructure packages at the elementary schools with Katalyst, Inc. in the amount of $590,289.86. The contract with Katalyst, which was the only bid received, was recommended by the Board of Education. The County Manager stated that the School Board was advised by their Attorney that the project was exempt from GS 143-132 requirements on minimum number of bids because the technology equipment and materials in the bid package were not considered reconstruction or new construction. The School Board Attorney also advised that GS 143-129 only required the project to go to formal bid because it was in excess of $500,000 or more.  Mr. Mike Richter stated that the recommendation from the School Board was determined due to compatibility issues as well as the history of service they had with Katalyst, Inc.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve a maximum total of up to $590,290 for the technology infrastructure packages for the elementary schools and award the contract to Katalyst, Inc.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            B.         New High School Matters
 
            1.         Bid Award Requests for Furniture, Fixtures, & Equipment (FF&E) – Mr. Mike Richter presented the bids received for classroom technology in the new high school project as follows: 
 

Bids Received®

Items Bid¯  

CDWG

Smarter Systems

Ultra Short Throw

Seed Communications

Ultra Short Throw

Projector

$1,127.00

$1,914.00

$1,247.00

Speakers

$116.00

$99.00

$87.00

Video Splitter

$29.00

$21.00

$79.00

Amplifier

$175.00

$180.00

$105.00

Wall Plate

$75.00

$79.00

$97.00

CATV Tuner

$160.00

$225.00

$215.00

Installation

$594.00

$325.00

$340.00

Misc Cables

$102.50

$219.00

$130.47

Freight

$0

$95.00

$0

Total per Room

$2,378.50

$3,157.00

$2,300.47

Total per School

$233,093.00

$309,386.00

$225,446.06

Tax

$18,064.71

$23,977.42

$17,472.07

Smart Suite Software

(quote provided by Seed)

$21,732.10

$21,732.10

$21,732.10

Total w/ Tax & Software

$272,889.81

$355,095.52

$264,650.23

 
            Mr. Richter requested the contract be awarded to Seed Communications, the low bidder, in the amount of $264,650.23. The technology included projectors and interactive equipment for use in the classrooms at the new school. Mr. Richter stated that the School Board recommended the bid for approval and to be funded out of the Furniture, Fixtures, and Equipment (FF&E) budget.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid for the new high school project classroom technology to Seed Communications, the low bidder, in the amount of $264,650.23 as recommended by the Board of Education with all funds to be allocated from the Furniture, Fixtures, & Equipment (FF&E) Budget.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            2.         Requested Change in Server Contract – Mr. Mike Richter requested that a different vendor be used for a portion of the network server bid for the new high school project which was originally awarded to CSI, in the amount of $82,177, at the March 16, 2010, Board meeting. The recommended revised CSI contract amount was reduced to $73,390. The amendment was to allow the School Board to contract for the Network Operating System separately through EnPointe Technology who offered state contract pricing in the amount of $6,484.23. Mr. Richter stated that this amendment was recommended by the School Board and the funds were to be allocated from the Furniture, Fixtures, and Equipment (FF&E) budget. 
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to amend the original award to CSI for the network server at the new high school by excluding the Network Operating System and reducing the contract amount to $73,390; and to award a contract to EnPointe Technology for the Network Operating System at the new high school in the amount of $6,484.23.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            2.A.     Requested Amendment to the Katalyst Network Group Contract for Wired and Wireless Network Installation at the New High School – At the October 5, 2009, Board meeting the bid for wireless and wired network installation using Cisco equipment was awarded to Katalyst, Inc., in the amount of $347,001.85 as the lowest responsible bidder due to an excellent history of service provided to the School Board and the compatibility of existing Cisco equipment which was currently used in other applications by the school system. Mr. Mike Richter stated that, in conjunction with that contract, the School Board recommended awarding Katalyst, Inc. an additional contract in the amount of $9,900 to cover professional services associated with the wired and wireless technology packages at the new high school which was not included in the original contract. Mr. Richter stated that, through continued negotiations with Katalyst, the School Board anticipated additional savings which would bring the total amount below the original amount approved in October 2009.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the additional contract with Katalyst, Inc. in the amount of $9,900 for professional services associated with the wired and wireless technology packages at the new high school.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            3.         Construction Management Contingency Request # 54 – County Manager Nelson presented Construction Management Contingency Change Order # 54 in the amount of $161,147.51 for the new high school project. The Change Order was for additional concrete which was needed throughout the project above the original allotted allowance.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve Construction Management Contingency Change Order # 54 in the amount of $161,147.51 for the new high school project as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
DISCUSSION OF EASTERN WATAUGA COMMUNITY CENTER
 
            Mr. Jimmy Hodges, representing citizens in eastern Watauga County, discussed the need for an Eastern Watauga Community Center. Ms. Mary Moretz and Mr. Shelton Wilder spoke and shared several uses for a community center as submitted to them by citizens in the eastern part of the County. Several citizens in the audience stood in support of an Eastern Watauga Community Center.
 
            Further discussions were to be held during FY 2011 Budget Work Sessions.
 
BID AWARD REQUEST FOR FY 2010 VEHICLES
 
            Captain Kelly Redmon with the Watauga County Sheriff’s Office stated that two bids for two four-wheel-drive Ford Explorers were received as follows: one from Bobby Jones Ford in the total amount of $49,968.90 and the second from Light-n-Up LLC in the total amount of $48,817.12. Captain Redmon recommended the award to the low bidder, Light-n-Up LLC in the amount of $48,817.12. Funds for these vehicle purchases were present in the Sheriff’s Office FY 2010 budget.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the bid for two four-wheel-drive Ford Explorers to Light-n-Up LLC in the amount of $48,817.12 with the funds to be allocated from the current budget of the Sheriff’s Office.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
REPORT ON 2009 WATAUGA CHOOSE & CUT SEASON
 
            Ms. Angela Wilson, Co-Chair of the Watauga County Choose & Cut Program, presented an annual report of the 2009 season. Ms. Wilson extended appreciation for the financial support of the Board of Commissioners and Watauga County Tourism Development Authority, and the staff support from Cooperative Extension Services all of which helped expand the Choose & Cut Program in Watauga County. There was an overall countywide increase by 10% in Choose & Cut tree sales over the 2008 season which accounted for an estimated revenue increase of $540,000. Ms. Wilson reviewed several promotional projects that the Choose and Cut Program participated in 2009 and shared that they wished to continue collaborations with the above groups in promoting agritourism in Watauga County.
 
            This report was given for information only and, therefore, no action was taken.
 
WESTERN YOUTH NETWORK REQUEST FOR RAISED GARDEN BEDS AT THE COUNTY’S WESTERN COMMUNITY CENTER
 
            Ms. Grace Fortune with Western Youth Network requested permission to install raised garden beds at the Western Watauga Community Center to be utilized by their after-school and summer camp program participants. Ms. Fortune stated that the children wished to grow gardens and be able to share vegetables with the senior citizens in the area through the Senior Center. Ms. Fortune shared the time line and a list of those who were ready to donate the supplies needed to prepare and grow the vegetables in the raised garden beds.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to authorize the Western Youth Network to build raised garden beds at the Western Watauga Community Center.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
                [Clerk’s Note: The County Manager requested Ms. Fortune contact the County’s Maintenance Director, Robert Marsh, for assistance in choosing the placement of the raised garden beds.]
 
BROOKSHIRE PARK WETLANDS AND SOUTH FORK NEW RIVER GREENWAY GRANT APPLICATION REQUEST
 
            Ms. Wendy Patoprtsy with Cooperative Extension and Mr. Eric Woolridge with the Watauga County Tourism Development Authority (TDA) requested authorization to submit an application for a Federal EPA 319 grant for a combination of a wetlands project at Brookshire Road Park and construction of the Greenway Trail along the park area. The total project cost was anticipated to be $643,000. 
 
            In-kind local match was proposed to be met by the following: 
  • Staff time from NC State University volunteers and Cooperative Extension Services
  • A conservation easement donated by the County consisting of approximately 6.5 acres along the New River at             Brookshire Park which, valued at $20,000 per acre, was to yield a $130,000 contribution 
  • A North Carolina Clean Water Management Trust Fund Mini-Grant in the amount of $25,000 which, if awarded, was to pay for all professional service costs associated with the donation and recording of the conservation easement
 
            Ms. Patoprtsy and Mr. Woolridge requested to place a hold on the construction of the Greenway Trail to be funded by a NCDOT award until a determination of grant funding was received from the Federal EPA 319 application.
 
            The above was considered Phase I of the overall project with Phase II to consist of a Recreation Trails Grant Request for greenway paving and the submission of a Clean Water Management Trust Fund grant for restoration of the New River and construction of ADA fishing piers. Phase II was to be presented for action by spring of 2011.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to authorize the submission of the Federal EPA 319 Grant Application with the following provisions: the County intends to authorize the requested conservation easement and authorize the Clean Water Management Trust Fund Mini-Grant application both contingent upon qualification of the proposed local matches for an award of the EPA 319 grant.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
FINANCE MATTERS
 
            A.        Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                              Debit            Credit
            103839-389000           Miscellaneous Revenue                                                              $2,000
            105921-463001           CCC&TI Site Work                                             $2,000
 
            The amendment recognized funds from Caldwell Community College & Technical Institute (CCC&TI) for gravel work as approved at the March 1, 2010, Board meeting.
 
            Account #                    Description                                                              Debit            Credit
            103317-343109           Federal Sub Abuse Funds                                   $15,000
            104310-451000           Capital Outlay-Equipment                                                        $11,440
            104310-429000           Other Supplies                                                                           $3,560
            223991-399101           Fund Balance Appropriation                                                    $15,000
            224310-451000           Capital Outlay-Equipment                                   $15,000
 
            The amendment transferred prior amendment to special revenue fund per restricted funds use requirements at auditor recommendation.
 
            Account #                    Description                                                              Debit            Credit
            283101-312912           Tax Revenue Blowing Rock Fire District                                  $10,000
            284340-469912           Payment to Blowing Rock Fire District                $10,000
            283101-312911           Tax Revenue Todd Fire District                                                 $3,000
            284340-469912           Payment to Todd Fire District                               $3,000
            243101-312908           Tax Revenue Shawneehaw Fire Service Dist.                             $1,500
            244340-469908           Payment to Shawneehaw Fire Service Dist.           $1,500
 
            The amendment recognized additional fire tax district revenues and payments due to fire departments.
 
            Account #                    Description                                                              Debit            Credit
            143839-353101           Donations to Adult Services Funds                                                  $50
            143839-353102           Donations to Child Protective Services                                          $450
            145310-449903           Adult Services Fund                                                  $50
            145310-449904           Child Protective Services                                         $450
 
            The amendment recognized February and March donations to the Department of Social Services discretionary funds.
 
            Account #                    Description                                                              Debit            Credit
            133980-398021200     Transfer from Capital Reserve                             $85,000
            139800-498021           Transfer to Capital Reserve                                                      $85,000
            213980-398113           Transfer from School Capital Outlay                   $85,000
            219930-459122           Watauga County Schools – CIP                                              $85,000
 
            The amendment reversed a budget amendment to fund the Blowing Rock School roof project out of Capital Reserve since the funding had been approved from Lottery proceeds. Ms. Pierce corrected the above account number when she presented this request.
 
            Account #                    Description                                                              Debit            Credit
            103300-361200           Water Interconnect Grant                                                      $445,513
            104199-469510           Water Interconnect Grant                                 $445,513
 
            The amendment recognized funds from the Rural Economic Development Center to assist in funding the Boone/Blowing Rock water interconnection as approved at the February 16, 2010, Board meeting.
 
            Account #                    Description                                                              Debit            Credit
            663200-327700           Solid Waste Disposal Tax District                                            $16,400
            667421-455002           Glass Bunker Project                                          $16,400
 
            The amendment funded additional work required for the Glass Bunker Grant from the Solid Waste Disposal Tax approved at the March 16, 2010, Board meeting.
 
            Account #                    Description                                                              Debit            Credit
            103835-349601           Soil Conservation Tree Sales                                                        $259
            104960-449900           Miscellaneous Expenditures                                     $259
 
            The amendment recognized funds collected for the Soil and Water Conservation District tree sale project and associated expenditures.
 
            Account #                    Description                                                              Debit            Credit
            219800-498010           Transfer to the General Fund                             $549,000
            213991-399101           Fund Balance Appropriation                                                  $549,000
            103980-398121           Transfer from Capital Reserve                                                $549,000
            104199-469200           Prof. Services Other – Rec. Ctr.                       $549,000
 
            The amendment transferred funds from the Capital Reserve Fund for the PBC+L contract approved for the potential Recreation Center plans.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as submitted with the noted correction.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            B.         Surplus Property Request – Ms. Pierce presented a list of property and requested the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.
 
            County Manager Nelson stated that staff recommended disposal of the animal euthanasia chamber as scrap, even though it had some value, due to the statewide preference for the use of injections.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to surplus the property as presented by Ms. Pierce and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            C.        Proposed Resolution Designating Official Depository – Ms. Pierce presented a contract for bank services with BB&T to be effective immediately and a resolution designating BB&T as the official depository for Watauga County.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the contract with BB&T for Watauga County bank services as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the Resolution Designating Bank Depository as submitted by Ms. Pierce.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            D.        Proposed Audit Contract for FY 2010 – Ms. Pierce presented the contract for services for the County’s FY 2010 audit with Bryce Holder, CPA, PA, in an amount not to exceed $52,900. 
 
            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve the FY 2010 Audit Contract with Bryce Holder, CPA, PA in an amount not to exceed $52,900.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            E.         Presentation of Smoky Mountain Center Audited Financial Statements – Ms. Pierce presented the financial statements from Smoky Mountain Center as required by Statute. 
 
            The report was presented for information only and, therefore, no action was required.
 
SOCIAL SERVICES MATTERS
 
            A.        Report on Transition of Child Support Enforcement to County Administration – At the December 7, 2009, Board meeting, staff was directed to inform the State that Watauga County planned to operate Child Support Enforcement (CSE) Services internally by July 1, 2010; add staff positions to the County’s Pay and Classification Plan; and negotiate with Avery County to provide their CSE services as well. These actions were the result of an unfunded-mandate from the State in which counties were required to begin providing CSE services by July 1, 2010, by contracting with an outside agency or providing them through County services.
 
            Mr. Jim Atkinson, Director of Social Services, gave a report on progress to date for establishing Child Support Enforcement (CSE) services as a division of the Department of Social Services. Mr. Atkinson stated that, for a seamless transition, it was time to begin the process of staffing the Child Support Enforcement Services Division of Social Services. A recommendation of four positions was requested to be added to the County’s Pay and Classification Plan beginning July 1, 2010, which was to include a supervisor, two agents, and a clerical position. 
 
            After researching potential office space locations for the services, Mr. Atkinson recommended the agency remain at the current State-operated location which was property owned by Mr. Graydon Eggers and leased at a monthly rate of $1,850. Mr. Atkinson also recommended the County continue to contract for CSE legal services as currently provided to the State by Attorney Daniel Hockaday who practices out of Mitchell County. Mr. Hockaday was willing to continue to provide services at the rate of $85 per hour.
 
            Mr. Atkinson also stated that County Attorney Capua was in the process of reviewing a proposed memorandum of understanding with Avery County in which Watauga County was to provide CSE services for Avery County at a proposed rate of $15,000 annually. This payment was in addition to Avery County paying for the local share of their County’s service amounts. Mr. Atkinson stated that the draft contract was to be presented at a future meeting for action.
 
            Mr. Atkinson based his recommendations in anticipation of a seamless transition in which the County could continue to realize a high collection rate allowing the County to earn federal incentives which were to aid in offsetting the cost of operations.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the following all contingent upon the review of the County Attorney: 1) add four positions to the County’s Pay and Classification Plan beginning July 1, 2010, including a supervisor, two agents, and a clerical position for the Child Support Enforcement Division of Social Services; 2) enter into a lease with Mr. Graydon Eggers for the office space in which the CSE offices were currently located at a monthly rate of $1,850; and 3) contract for CSE legal services with Attorney Daniel Hockaday at a rate of $85 per hour.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            B.         Request for Contingency Administrative Funding for Food and Nutritional Services – Mr. Atkinson stated that Social Services had received $67,890 in federal stimulus funding to assist with service provision in the food stamp area. Mr. Atkinson recommended contracting with Vanguard Professional Staffing at an hourly rate of $23.25 to provide an additional food stamp worker who was to help with the additional work load that had been generated by the poor economy. Mr. Atkinson stated that the contract was for a total of 18 months with $21,390 available from the stimulus funds through September 30, 2010, and an additional $46,500 available through September 30, 2011.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to enter into an eighteen month contract with Vanguard Professional Staffing to provide an additional food stamp worker, at an hourly rate of $23.25 not to exceed a total of $67,890, contingent upon the County Attorney’s approval.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
SANITATION MATTERS
 
            A.        Brush Grinding Request – County Manager Nelson presented a proposal for entering into a contract with Steve Whitley out of Wilkes County in the amount of $11 per ton for grinding brush received at the Sanitation Department and hauling the resultant product away. Approximately 1,800 tons of brush was on hand as a result of the winter ice storm. The County Manager noted the exceptional rate and stated that requests for proposals were not required as this was a service.
 
            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve a standard County brush grinding contract with Steve Whitley out of Wilkes County in the amount of $11 per ton.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            B.         Proposed Tire Disposal Contract Renewal – County Manager Nelson requested a contract renewal for tire disposal with U. S. Tire Recycling in Concord at the disposal cost of $65 per ton plus an annual CPI adjustment. The Sanitation Department currently recycled approximately 700 tons of tires per year and has satisfactorily used this facility and, therefore, recommended approval.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to authorize the contract renewal with U. S. Tire Recycling for tire disposal at the rate of $65 per ton including an annual CPI adjustment, contingent upon review by the County Attorney.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
PLANNING & INSPECTION MATTERS
 
            A.        Proposed Maintenance Contract with Wireless Communications – Mr. Joe Furman presented a contract with Wireless Communications for maintenance of the 911 answering system. The amount of the contract was $21,000 and funds were to be allocated from 911 surcharge funds.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the maintenance contract with Wireless Communications in the amount of $21,000, contingent upon the County Attorney’s review.
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            B.         Proposed CDBG Budget Revision for Hospitality House Project – At the January 4, 2010, Board meeting preliminary approval was given to Mr. Furman to amend the CDBG Budget for the Hospitality House Project allowing up to $25,000 to be reallocated from administration to construction to help offset the additional cost of gravel which, due to the extremely wet soil conditions, was proposed to be used as a filler behind the retaining walls. Mr. Furman presented a formal Change Order in the amount of $50,282 for the addition of the gravel and a formal amendment to the CDBG project budget which was to transfer $25,000 from the administration line item to the construction line item. The balance of the change order was to be paid by the project’s contingency fund. 
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Hospitality House Project Change Order in the amount of $50,282 for the additional gravel as filler and to amend the CDBG Hospitality House Project Budget by transferring $25,000 from the County’s administration line to the construction line to assist in funding the change order with the remaining funds to be allocated from the Project’s contingency fund.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            C.        Update on North Carolina Economic Development Recovery Zone Bonds – Mr. Furman stated that the County received notice from the North Carolina Tax Reform Allocation Committee (TRAC) of an award of $12,000,000 of Recovery Zone Economic Development Bond capacity to be used for construction of a recreation center. Mr. Furman stated that the allocation must be used on or before June 9, 2010, unless an extension of the deadline was approved by the TRAC.  Mr. Furman stated that the County was eligible to request a 90-day extension to September 9, 2010.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct Mr. Furman to request a 90 day extension for use of the County’s approved Recovery Zone Economic Development Bond capacity in the amount of $12,000,000 for construction of a recreation center.
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Collections Director Larry Warren presented the Tax Collections Report for the month of March 2010.
 
            B.         Releases and Refunds – Mr. Warren presented the following Refunds and Releases for March 2010 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for March 2010, as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            C.        Proposed Dates for Board of Equalization and Review – Mr. Warren presented the following dates for the convening and adjourning of the Watauga County Board of Equalization and Review: Convene on April 29, 2010, at 4:00 P.M. and meet until 7:00 P.M.; meet on May 4, 2010, from 4:00 P.M. to 7:00 P.M.; and adjourning on May 6, 2010, at 7:00 P.M.   Mr. Warren stated additional meetings of the Board of Equalization and Review may be scheduled, if needed, to complete the process.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt the dates for the Board of Equalization and Review as presented by Mr. Warren.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Mr. Warren also requested the 2010 rate be set for Board members. The previous year’s rate was $75.00 per meeting.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to set the rate for the Board of Equalization and Review members at $75.00 per meeting.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Discussion of Asphalt Maintenance – County Manager Nelson stated that during staff budget work sessions and review of the County’s parking lots, it had been determined that the County needed to proceed rapidly with asphalt maintenance in several areas. As the budget was very limited, the County Manager recommended $170,722 be allocated from the County’s Capital Reserve for Capital Projects to complete the sealing, patching, and repaving projects as listed in the County’s asphalt maintenance schedule for 2011. The County Manager stated that a formal budget amendment and paving contracts for the various projects were to be submitted for approval as prepared.
 
            By consensus, the Board agreed to direct staff to proceed with projects as requested and prepare the budget amendment and contracts for future approval.
 
            B.         Draft Code of Ethics DiscussionThe County Manager stated that a Code of Ethics was required for each local elected body in North Carolina. The Code had to be adopted and in effect by January 1, 2011. The County Manager presented a draft Code of Ethics as developed by the UNC School of Government and sought direction on how the Board wished to proceed.
 
            Chairman Deal requested that Board members submit additions to be incorporated in the draft Code of Ethics to the County Manager’s Office by April 29, 2010, for consideration at the May 3, 2010, Board meeting.
 
            C.        Department of Transportation Enhancement Agreement – County Manager Nelson stated that, as mentioned earlier in the meeting (during discussion of the “Brookshire Park Wetlands and South Fork New River Greenway Grant Application Request”), the North Carolina Department of Transportation (DOT) notified Watauga County that $35,000 in DOT discretionary funds were available for the construction of an extension of the Greenway Trail at Brookshire Park.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to enter into an agreement with the DOT for the acceptance of the $35,000 in discretionary funds to be used for the construction of a Greenway Trail extension at Brookshire Park.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            D.        Blue Ridge Parkway “Intent to Participate” Request – County Manager Nelson stated that this year marked the 75th Anniversary of the Blue Ridge Parkway and a festival in honor of such was scheduled to be held on the North Carolina/Virginia state line on September 10-12, 2010. The County Manger presented an “Intent to Participate” request for Watauga County to join in the celebration. If the County chose to participate, an honor representative, officially representing the County had to be designated and contributions of a resolution and a quilt square needed to be prepared for presentation at the festival. A Community Showcase booth was also required to be manned for the weekend festival.
 
            By consensus, the Board directed the County Manager to request the Tourism Development Authority man the Community Showcase booth representing Watauga County at the festival and tabled further action until the May 3, 2010, Board meeting.
 
            E.         Discussion of Collective Bargaining Bill County Manager Nelson stated that a bill was under consideration in the US Legislature which allowed public employees to enter into collective bargaining which was seen as a first step toward unionization of all classes of public employees. The County Manager stated that the North Carolina Association of County Commissioners (NCACC) was against the bill and urged each County to contact their Senators and Representatives in opposition to the bill. 
 
            By consensus, the Board directed staff to develop a letter in opposition to the collective bargaining bill for consideration at the May 3, 2010, Board meeting.
            F.         NCACC’s County Assembly Day Information – County Manager Nelson stated that the Annual County Assembly Day which offered time to meet with legislators in Raleigh was May 19, 2010, beginning at 10:00 A.M. The day was to end with a reception at the NC Museum of History beginning at 5:30 P.M. and concluding at approximately 8:00 P.M.
 
            Chairman Deal stated that the NCACC’s Annual Meeting was scheduled for April 27, 2010, at Tanglewood Park from 5:00 P.M. to 7:30 P.M.
 
            G.        Boards and Commissions – County Manager Nelson stated that the Watauga County Library Board had recommended that Terry Hamilton and George Bard both be appointed to fill two unexpired terms on their Board.
           
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to waive the second reading and appoint both Terry Hamilton and George Bard to fill two unexpired terms on the Watauga County Library Board with both terms to expire in August 2012.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            County Manager Nelson stated that the Town of Boone Board of Adjustment had a vacancy for an alternate ETJ position. The Boone Town Council has advertised this position and not received applications; therefore, there were no recommendations for appointment at this time.
 
            H.        Announcements – County Manager Nelson announced that the Senior Tar Heel Legislature was holding their 2010 Legislative Bruch on Tuesday, April 20, at LaQuinta Inn. There was no charge to attend; however, pre-registration was required.
 
            County Manager Nelson announced that the Watauga County Project on Aging’s Annual Volunteer Recognition Breakfast was scheduled for Thursday, April 22, 2010, from 8:30 A.M. to 10:30 A.M. (floating) at the Dan’l Boone Inn.
 
            County Manager Nelson announced that the Board of Commissioners had budget work sessions scheduled on Thursday, May 6, 2010, from 4:00 P.M. to 10:00 P.M. and Monday, May 10, 2010, from 4:00 P.M. to 7:00 P.M. in the Commissioners’ Conference Room, Watauga County Administration Building.
 
PUBLIC COMMENT
 
            Marvin Hoffman, Director of the Master of Public Administration Program at Appalachian State University, thanked the Board for the hospitality offered to Ms. Gugu Mohlokoana while visiting from South Africa through an internship program at the University in which she planned to learn more about democratic governmental practices.
 
CLOSED SESSION
 
            At 8:27 P.M., Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 9:01 P.M.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
 
ACTIONS TAKEN AFTER CLOSED SESSION
 
Proposed Amendments to Computer Software Innovations, Inc. (CSI) Contract for New High School Project
 
            County Manger Nelson presented proposed amendments in relation to the hold-harmless clause, which were approved by the School Board Attorney, Paul Miller, to the Computer Software Innovations, Inc. contract for the new high school project.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the amendments to the Computer Software Innovations, Inc. contract for the new high school project as presented.
 
                                                                       VOTE:      Aye-5
                                                                                        Nay-0
ADJOURN
 
            Chairman Deal adjourned the meeting at 9:02 P.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board