MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 20, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, January 20, 2009, 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
                                                Winston Kinsey, Commissioner
                                                Andrea Capua, 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.
 
                [Clerk’s Note: Commissioner Futrelle was absent due to his attendance of the Presidential Inauguration.]
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the January 5, 2009, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the January 5, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the January 5, 2009, closed session minutes as presented.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the January 20, 2009, agenda.
 
            Chairman Deal stated that the following additions had been requested under Miscellaneous Administrative Matters:
 
            A retainage reduction request for the site prep contract for the new High School; and Communications Building Matters which was to include a contract request for Mr. Randy Jones for work done on the Howard’s Knob Communications Building as well as a VIPER lease request for the Buckeye Communications Tower site.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the January 20, 2009, agenda as amended.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON A PARKS AND RECREATION TRUST FUND (PARTF) GRANT APPLICATION FOR BROOKSHIRE ROAD PARK
 
            Chairman Deal declared the public hearing open at 6:05 P.M. to allow citizen comment on a Parks and Recreation Trust Fund (PARTF) Grant application for Brookshire Road Park.
 
            Chairman Deal stated that the grant, if received, was to be used for recreational enhancements to the Brookshire Road Park and required a 50% local match of $500,000 for a total project amount of $1,000,000.
 
            There being no public comment, Chairman Deal declared the public hearing closed at 6:06 P.M.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve submission of the Parks and Recreation Trust Fund (PARTF) grant application as prepared by Mr. Stephen Poulos, Parks and Recreation Director.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
TOURISM DEVELOPMENT AUTHORITY (TDA) REPORT
 
            As required by Statute, Mr. Rob Holton, Chairman of the Tourism Development Authority (TDA), presented a quarterly report. He began by announcing that two Board member terms on the TDA were to expire in the near future, one being his own, of which he was willing to continue to serve if reappointed. Mr. Holton then introduced Mr. Wright Tilley, the new Executive Director of the TDA, who gave an overview of the TDA’s future plans. Mr. Holton then stated that the TDA currently was advertising for a Senior Outdoor Recreation Planning Specialist and hoped to conduct interviews in the near future.
 
The report was given for information only and, therefore, no action was required.
 
FINANCE MATTERS
 
A.        Budget Amendments – County Manager Nelson presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
104350-427000           Purchase for Resale                                           $5,000
103991-399101           Fund Balance Approp. - New                                                  $5,000
 
            The amendment re-appropriated carry-over funds for the purchase of building code books for resale.
 
            Account #                    Description                                                           Debit             Credit
103300-343307           State Homeland Security-GE-T7-0048                                     $5,000
104330-449901           SHS-Active Shooter-Exercise-ASU                  $5,000
 
            The amendment recognized a State Homeland Security grant awarded by NC Department of Emergency Management as pass through funding for an “Active Shooter” exercise to be conducted by ASU. This was approved at the July 15, 2008, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
103300-343304           HEMP Planning Grant                                                              $5,000
104330-449910           HEMP Grant Exercise                                       $5,000
 
            The amendment recognized additional state revenue for a Hazardous Materials exercise. A portion of this grant, $5,000, was already recognized in the Emergency Management budget. Staff applied for and was awarded an additional $5,000 for this exercise. The grant award was approved at the December 2, 2008, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
219930-461100           Emergency Comm. Set-A-Side                                             $130,656
213991-399101           Fund Balance – Approp. – New                                            $33,959
219800-498010           Transfer to the General Fund                          $164,615
103983-398121           Transfer from the Capital Reserve                                         $164,615
104283-458000           Capital Outlay-Bldg. Improvements               $164,615
 
            The amendment transferred funds from the Capital Reserve Building Communications set-a-side to the General Fund for the replacement of the Communications/Picnic Shelter on Howard’s Knob. The contract with Eagle Wood for $164,615 was approved at the January 5, 2009, Board meeting.
 
            Account #                    Description                                                           Debit             Credit
145850-440900           Subsidized Child Daycare                                                       $25,000
143585-323000           Title XX & FSA Daycare                                $25,000
 
            The amendment recognized a reduction of Non Smart Start daycare funding as a result of the State-mandated funding reduction for the current State fiscal year.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
B.         Surplus Property Request – County Manager Nelson presented a list of property and requested it be surplused and subsequently sold through GovDeals, recycled, or scrapped.
 
            Commissioner Cooper, 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-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
SHERIFF’S OFFICE GRANT REQUEST
 
Captain Dee Dee Rominger, with the Watauga County Sheriff’s Office, requested approval to submit a grant application to the State of North Carolina to fund an additional domestic violence officer for two years. Ms. Rominger stated that the required 25% local match was present in the existing Sheriff’s Office budget. Ms. Rominger stated that, at the conclusion of the two-year grant period, the State required the County to fully fund the position. Currently, the County was in the second year of a similar grant which funded the first domestic violence officer which the County also was required to fully fund in FY 2010.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to authorize the grant application as presented by Ms. Rominger.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
PROPOSED RESOLUTION IN SUPPORT OF THE LOCAL REGIONAL VISITORS CENTER
 
            A resolution in support of continued Department of Transportation funding for the local regional visitors center located on Blowing Rock Road in Boone was presented. Chairman Deal stated that, with the construction and subsequent opening of the new visitors center in Wilkes County off of US Hwy 421, funding may be in jeopardy for the local office. Commissioner Cooper stated that the High Country Host requested adoption of the resolution in support of continued funding.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution as presented.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
TOT LOT MATTERS
 
A.        School Board Request for Award – Deputy County Manager Geouque stated that the FY 2009 County budget contained $225,000 for the improvement of the playgrounds at the Valle Crucis, Mabel, and Green Valley Elementary Schools. The Deputy County Manager coordinated with the Board of Education and individual school staff who had issued a RFP for the desired equipment. The School Board approved a proposal from Playworld Systems for the three schools in the amounts of $75,059.85 for Valle Crucis; $74,868.66 for Green Valley; and $78,445.38 for Mabel. The Deputy County Manager stated that the additional $3,445.38 was to be paid by the Mabel School PTO in that $75,000 was budgeted for each school. The equipment was funded to expand the opportunity for public recreational use of the playground and tot lot equipment to those areas of the County.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the award of playground equipment to Playworld Systems as presented by the Deputy County Manager.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
B.         BREMCO Grant Request – Deputy County Manager Geouque reviewed a grant proposal from Blue Ridge Electric Membership Corporation (BREMCO) in the amount of $10,000 for the construction of a tot lot climbing wall at the Complex Lot. BREMCO was approached by the Boone Service League and agreed to reimburse the County $10,000 for the climbing wall by making three payments with 1/3 reimbursed in the immediate future, an additional 1/3 within 30 days, and the remaining 1/3 by January 2010. The Deputy County Manager stated that Mr. Poulos, Parks and Recreation Director, had contacted the Boone Service League to verify their request to BREMCO. If approval was granted, the funds were to be allocated from the Capital Reserve Fund as earmarked for recreation and then replaced by the reimbursements as received from BREMCO.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to accept the proposal from BREMCO as presented with the funding to be allocated from the Capital Reserve Fund as earmarked for recreation and then replaced by the reimbursements as received from BREMCO.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Communications Building Matters
1.         Proposed Contract for Architectural Services for the Howard’s Knob Communications Building – County Manager Nelson presented a request to formalize a contract with Mr. Randy Jones as architect for the Communications Building located at Howard’s Knob. The County Manager stated that, when the project first began over two years ago, the fees were not expected to be over the $15,000 threshold that was approvable by staff; however, with several redesigns required, the current amount owed was $24,379.34. Mr. Jones also proposed that an amount up to $4,104 was expected to be incurred based on hourly fees for the construction supervision and administration needed to finish the project.
 
            After discussion, the Board agreed by consensus, to table action until a future meeting at which Mr. Robert Marsh, Maintenance Director, and Mr. Randy Jones, Architect, could be present for questions.
 
2.         VIPER Lease Request for Space on the Buckeye Tower – County Manager Nelson presented a request from the VIPER communication system to build a VIPER tower and communications building at the Buckeye location in Watauga County at no cost to the County. The County currently leases the Buckeye property; however, the terms of that lease allow the County to sub-lease. The sub-lease was at no cost to the State. The County Manager stated that this was a preliminary approval and final approval was to be requested at a future meeting.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the proposal to sub-lease space to the State at the Buckeye communications tower location for the VIPER program.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
B.         High School Retainage Reduction Request for Site Plan Work – County Manager Nelson stated that Mr. Mike Kesterson, with Barnhill/Vannoy, recommended reduction of the retainage withheld from Taylor and Murphy from 10% to 5% due to the majority of the contractual scope of work having been completed within bid package 202. The County Manager stated that Barnhill/Vannoy held the opinion that the reduction was justified and in accordance with the subcontract agreement. The remaining retainage amount of 5% was to be withheld until substantial completion and/or approval from the construction manager, owner and design team. 
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the retainage reduction request for Taylor and Murphy from 10% to 5% as recommended by Mr. Kesterson with Barnhill/Vannoy.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
C.        CDBG Public Hearing Request – County Manager Nelson stated that to close out the Community Development Block Grant (CDBG) Scattered Site Housing Rehabilitation Program, a public hearing was required. The County Manager stated that Mr. Furman had requested the public hearing be scheduled for the February 17, 2009, Board meeting at 6:00 P.M.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to schedule a public hearing for the February 17, 2009, Board meeting, to allow public comment on the close out of the Community Development Block Grant (CDBG) Scattered Site Housing Rehabilitation Program.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
D.        Sanitation Matters
1.         Mulch Screening Proposal – County Manager Nelson stated that the landfill had an extreme amount of old decomposing mulch which DENR has continually requested that the County dispose of. In the past, County staff had rented a screener, screened the material and offered it to the public for use as top soil or mulch. The cost of the screener has been routinely approximately $20,000 per month. Superior Mulch, LLC, the firm that recently completed the grinding operation for the new materials, agreed to screen a large portion of the accumulated old decomposing mulch. The County Manager stated that Superior Mulch had offered to charge $5,000 and in turn haul all of the materials they screened as well as the leftover wood waste from the site for their use. They planned to sell the screened material in their landscape operation and sell the wood waste for boiler fuel for electric generation in Elizabethton, TN. This process was to be very cost effective for the County and was to solve a long-standing problem with DENR. County Manager Nelson recommended Mr. J. V. Potter to negotiate a contract with Superior Mulch in an amount not to exceed $5,000.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve a contract with Superior Mulch, Inc., for screening and hauling of mulch and screened material in an amount not to exceed $5,000.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
2.         Proposal for Land Clearing & Inert Debris (LCID) Landfill Permit Application – County Manager Nelson stated that the existing Land Clearing & Inert Debris (LCID) cell at the landfill area has a lifetime of approximately two years. To open a new cell to extend the LCID requires substantial engineering, surveying, and coordination with DENR to obtain a permit and approval. Enclosed for your review is a proposal in the amount of $28,250 from Draper Aden and Associates. Draper Aden and Associates is the engineering firm of record and have, to this point, done all the engineering work required by the Sanitation Department. Mr. Potter is of the opinion that this service would cost more if we entertained proposals from other firms. Board approval is requested. Funding for this permitting process will be taken, via a budget amendment, from the Sanitation Department Retained Earnings account.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve entering into a contract with Draper Aden in the amount of $28,250 for engineering services and completion of the permit application related to opening a new Land Clearing & Inert Debris cell at the Sanitation Department.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
            E.         Proposed Pre-Budget Annual Retreat Agenda – County Manager Nelson presented a draft retreat agenda that begins at 4:00 P.M. and ends at 8:00 P.M. on Thursday, February 19th, and begins at 12:00 noon and ends at 5:00 P.M. on Friday, February 20th. The County Manager requested amendments and/or changes to the agenda. 
 
This was presented for information only; therefore, no action was required.
 
F.         Boards and Commissions – County Manager Nelson stated that Bethel School has recommended the appointment of Ms. Karen Norris to fill their vacancy on the Recreation Commission.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to waive the second reading and appoint Ms. Karen Norris as Bethel School’s representative on the Watauga County Recreation Commission.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
            County Manager Nelson stated that Mr. Alex Jernigan, Regional Ombudsman at High Country Council of Governments, has stated that Mr. Fred Badders’ term on the Watauga County Nursing Home Community Advisory Committee will expire January 24, 2009, and Mr. Badders is willing to continue to serve if reappointed.
 
            As this was a first reading, no action was required at this time.
 
A Commissioner appointment to the Board of Directors for the Boone Rural Fire Protection Service District was needed. The appointment was to coincide with the appointing Commissioner’s term in office and the appointee must reside in the appointing Commissioner’s district and within the Boone Rural Fire Protection Service District.
 
This appointment was tabled to a future meeting.
 
G.        Announcements – 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 Cooperative Extension’s next Report to the People was scheduled for Monday, March 2, 2009, at 11:45 A.M. and included a catered meal prior to the meeting.
 
PUBLIC COMMENT
 
There was no public comment.
 
CLOSED SESSION
 
            At 6:58 P.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the regular meeting at 7:37 P.M.
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-0
              Absent-(Futrelle)
 
ADJOURN
 
            The Chairman adjourned the meeting at 7:37 P.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board