MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JULY 18, 2017

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 18, 2017, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      John Welch, Chairman

                                                Billy Kennedy, Vice-Chairman

                                                Jimmy Hodges, Commissioner

                                                Larry Turnbow, Commissioner

Perry Yates, Commissioner

Anthony di Santi, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 5:40 P.M.

 

Commissioner Yates opened with a prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the June 20, 2017, regular meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Commissioner Hodges, moved to approve the June 20, 2017, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Hodges, moved to approve the June 20, 2017, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the July 18, 2017, agenda. 

 

County Manager Geouque requested to add the following: Possible Action After Closed Session and under Miscellaneous Administrative Matters, a proposed lease of County property to Skyline Telephone Membership Corporation and a paving request from the Watauga Humane Society.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the July 18, 2017, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

W.A.M.Y. Community Action Housing Preservation Grant Support Request

Ms. Melissa Soto, Executive Director of W.A.M.Y. Community Action, stated that W.A.M.Y. applied for a Housing Preservation grant to allow repairs and rehabilitation on very low-income family homes.  Those repairs allow the homes to then be weatherized through W.A.M.Y. as well.  As part of the grant application, support of County officials must be demonstrated for this type of work and it must be shown that programs operated by the County are not duplicated.  As the application was due July 17, 2017, a letter of support was signed with the understanding that Board approval would be sought at the July 18, 2017, meeting and in the event the Board did not wish to support the request, the letter of support would be withdrawn.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to authorize the submittal of support of W.A.M.Y. Community Action’s grant application.

 

VOTE:  Aye-5

             Nay-0

Board of Elections Proposed Contract

County Manager Geouque requested, on behalf of the Board of Elections, approval of a five (5) year contract with Election Systems & Software, LLC (“ES&S”)/Printelect for voting machines and software contingent upon 1) County Attorney review; 2) the contract would still be valid if new equipment was purchased from ES&S/Printelect; and 3) if new equipment was purchased from a different vendor that the contract would end with no penalty or obligation.  The local Board of Elections voted unanimously to approve the contract with ES&S/Printelect in the total amount of $28,114.76 annually.

 

Consideration was tabled to the August 1, 2017, Board meeting to allow for the Board of Elections Director to be present for questions.

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of June 2017.  This report was presented for information only and, therefore, no action was required.

 

B.  Refunds and Releases

 

Mr. Warren presented the Refunds and Releases Report for June 2017 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Hodges, seconded by Vice-Chairman Kennedy, moved to approve the Refunds and Releases Report for June 2017, as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.  Annual Settlement of Tax Collector

 

Tax Administrator Warren presented the following Annual Settlement Statements for Fiscal Year 2017 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the Annual Settlement Statements for Fiscal Year 2017, and to accept the Tax Administrator’s “Oath as to Diligent Effort to Collect Taxes,” as presented.

 

VOTE:  Aye-5

             Nay-0

 

D.  Oath to Collect Taxes

 

Mr. Warren presented a proposed order granting authorization to collect taxes for Fiscal Year 2018.  Once approved, a sworn oath would be administered to Tax Administrator Warren.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to grant authorization for Tax Administrator Warren to collect taxes for Fiscal Year 2018.

 

VOTE:  Aye-5

             Nay-0

 

E.  Proposed Purchase of Vehicle

 

Mr. Warren stated that County staff solicited the following vehicle bids for three (3) new 2018 Subaru Foresters; one each for the Tax Office, Department of Social Services, and Planning and Inspections. 

 

Bidder

Amount Per Vehicle

Modern Subaru of Boone

$23,959.00

Jim Armstrong Subaru Hickory

$23,317.00

Tindol Subaru in Gastonia

$22,650.00

 

Of the above three (3) bids received, Tindol Subaru in Gastonia was the lowest responsible bidder in the amount of $22,650 per vehicle.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid to Tindol Subaru of Gastonia for three (3) new 2018 Subaru Foresters in the total amount of $70,006.50 including taxes and tags.

 

VOTE:  Aye-5

             Nay-0

Proposed Capital Project Ordinance – Community/Recreation Center

County Manager Geouque presented a proposed capital project ordinance for the Community/Recreation Center.  Adoption of the ordinance is required by North Carolina General Statutes.  The initial amount of the ordinance recognizes the $10,000,000 currently on hand, however, the ordinance will be amended in the future to recognize the full funding of the project.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adopt the capital project ordinance in the amount of $10,000,000 for the proposed Community/Recreation Center.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Proposed Lease of County Property to Skyline Telephone Membership Corporation

 

County Manager Geouque presented a lease with Skyline/Skybest for a .057 acre parcel of land located at the entrance of Watauga High School.  The School Board has expressed approval for the lease.  However, due to the property serving as collateral for the loan on the high school the County is the owner of record.  The proposed lease would need modifications to conform to North Carolina General Statues and any changes as recommended by the County Attorney.  Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years.  Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon a 30 day public notice.  Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at a future meeting.  The County Manager presented a proposed resolution which would authorize the sale with formal approval to take place after the thirty day notification period has been met.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to adopt the resolution as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

   

B.  Watauga Humane Society Paving Request

 

County Manager Geouque stated that Watauga Humane Society has requested assistance in paying for the paving of their driveway and parking lot.  The following four bids were received for a four inch paved surface:

 

Bidder

Amount

Boone Paving & Asphalt, Inc.

$72,480

Shatley Construction/Paving Co., Inc.

$67,572

Tri-County Paving, Inc.

$66,901

Moretz Paving, Inc.

$63,068

 

Moretz Paving is the lowest responsible bidder.  The request is for the County to pay for the paving with the understanding that the Humane Society will pay the amount back over several years via a reduction from their annual County allocation.

 

County Attorney di Santi stated that the County currently holds a second lien on the Humane Society property due to an agreement made when the facility was built.  The County Attorney recommended the amount of the second lien be modified to include the amount for the paving and that an additional agreement be drawn for the repayment of paving funds.

 

Ms. Alice Roess with the Humane Society stated that they were agreeable to paying back the loan over fifteen years and preferred the paving to be done before winter.  County Manager Geouque stated that Moretz Paving would guarantee the bid amount but had a busy schedule and could not promise the paving would be completed before next spring.

 

Consideration of the request was tabled until the August 1, 2017, Board meeting to allow the County Attorney time to draw the appropriate documents.

 

C.  Community/Recreation Center Update

 

County Manager Geouque stated that staff continues to work with ASU to finish the closing process for the old high school and Lowes properties.  On June 30, 2017, the RFQ for the Construction Manager at Risk (CMAR) was published.  The mandatory pre-proposal conference for the CMAR was held on July 11, 2017.  July 14, 2017, is the deadline for RFQ questions with July 24, 2017, as the due date for the RFQ proposals.  On July 24, 2017, the architect will meet with the County to review current programming and future planning and scheduling.  In addition, staff will be reviewing RFQ’s during July 25 through 28, 2017, with a recommendation to the Board at the August 15, 2017, meeting. 

 

By consensus, the Board appointed the following to a committee which will assist staff with review of the RFQ’s as well as future programming and planning of the new Community/Recreation Center:

 

Mr. Denny Norris, Recreation Commission

Mr. John Welch, Board of Commissioners Chairman

Mr. Billy Kennedy, Board of Commissioners Vice-Chairman

Mr. Deron Geouque, County Manager

Mr. Robert Marsh, County Maintenance Director

Mr. Stephen Poulos, Parks and Recreation Director

Dr. Scott St. Clair or designee, Pediatrician and Recreation Advocate

Dr. Stephanie West, ASU Recreation Management and Physical Education Professor

 

D.  Proposed Renewals of Maintenance Agreements

1.     VESTA

2.     Console Infrastructure

3.     Fixed Equipment

4.     Subscribers

5.     Centerline Maintenance

 

County Manager Geouque presented four maintenance contracts with Wireless Communications Inc. and one contract with High Country Council of Governments for the County’s E911 and Emergency Management Radio systems.  The VESTA (Patriot System) Maintenance, $56,842.80, the Console Infrastructure Maintenance, $12,900, the Fixed Equipment Maintenance, $13,164, and the Subscribers Maintenance, $7,896; and Centerline Maintenance contract with High Country Council of Governments for an hourly rate of $50.00 not to exceed $6,000 are all included in the current budget.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the VESTA Maintenance, Console Infrastructure Maintenance, the Fixed Equipment Maintenance, and the Subscribers Maintenance contracts with Wireless Communications Inc. in the amounts of $56,842.80, $12,900, $13,164, and $7,896, respectively and High Country Council of Governments for Centerline Maintenance at an hourly rate of $50.00 not to exceed $6,000. 

 

VOTE:  Aye-5

             Nay-0

 

E.  Appointment of the North Carolina Association of County Commissioners’ (NCACC) Annual Conference Voting Delegate

 

County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 10-13, 2017, in Forsyth County.  Each county in attendance is required to select a voting member for representation at the annual business meeting which is conducted as a part of the conference.  Submission of the voting delegate is due August 4, 2017.

 

By consensus, the Board agreed to appoint Vice-Chairman Kennedy as the Watauga County Voting Delegate at the NCACC Annual Conference.

 

F.  Boards and Commissions

 

Nursing Home Community Advisory Committee

County Manager Geouque stated that Ms. Stevie John, Regional Ombudsman with the High Country Council of Governments, had requested that Mr. Herbert Hash be considered for reappointment to the Watauga County Nursing Home Advisory Committee for a three-year term.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to waive the second reading and reappoint Mr. Herbert Hash to a three-year term on the Watauga County Nursing Home Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

Economic Development Commission

County Manager Geouque stated that the terms of four members of the Economic Development Commission expire in June.  Mr. Ed Evans and Mr. Tommy Sofield have served two consecutive terms and are, therefore, not eligible for reappointment.  Mr. Robert Hoffman was recently appointed to fill an unfinished term which expires in June.  Therefore, he is up for reappointment.  The first term of the current chair, Mr. Walter Kaudelka is expiring.  Mr. Kaudelka is eligible to be reappointed to another term, and is willing to continue to serve.   Each term is for three years. 

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to waive the second reading and reappoint Mr. Robert Hoffman and Mr. Walter Kaudelka to three-year terms on the Economic Development Commission.

 

VOTE:  Aye-5

             Nay-0

 

G.  Announcements

 

There were no announcements.

Public Comment

Mr. Mike Butka thanked the Board for working with Mountain View Speedway and shared concerns that the Sheriff’s Office will not send off-duty officers (at the expense of Mountain View) to work races.

Closed Session

At 6:31 P.M., Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to resume the open meeting at 7:02 P.M.

 

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to recuse Chairman Welch from the consideration of a proposed “First Amendment to Agreement for Purchase and Sale of Real and Personal Property” as he works for Appalachian State University.

 

VOTE:  Aye-5

             Nay-0

 

A proposed “First Amendment to Agreement for Purchase and Sale of Real and Personal Property” in regards to Appalachian State University’s purchase of the old high school property adding the wording “mutual agreement” to ASU’s option for an extended lease of the old Lowe’s property was considered.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the “First Amendment to Agreement for Purchase and Sale of Real and Personal Property” as presented in regards to Appalachian State University’s purchase of the old high school property.

 

VOTE:  Aye-4(Kennedy, Hodges, Turnbow, Yates)

             Nay-0

             Recused-1(Welch)

Adjourn

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to adjourn the meeting at 7:03 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

John Welch, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board