• Watauga County Board of Commissioners

MINUTES

 

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JULY 12, 2011

 

 

The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 12, 2011, at 5:00 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:       Nathan A. Miller, Chairman

                                                David Blust, Vice-Chairman (arrived @ 6:23 P.M.)

                                                Jim Deal, Commissioner

                                                Vince Gable, Commissioner

                                                Stacy C. Eggers, Jr., County Attorney

                                    Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Miller called the meeting to order at 5:03 P.M.

 

Commissioner Deal opened the meeting with a prayer and Commissioner Gable led the Pledge of Allegiance.

 

Chairman Miller announced that Commissioner Futrelle was absent due to family matters and Vice-Chairman Blust was out-of-town and would be late arriving for the meeting.

Approval of Minutes

Chairman Miller called for additions and/or corrections to the June 28, 2011, regular and closed session minutes.

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the June 28, 2011, regular meeting minutes as presented.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the June 28, 2011, closed session minutes as presented.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

 

Approval of Agenda

Chairman Miller called for additions and/or corrections to the July 12, 2011, agenda.

 

County Manager Geouque requested to add a presentation from the High Country United Way as the first item on the agenda.

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the July 12, 2011, agenda as amended.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

High Country United Way Presentation

Ms. Nancy Reigel with the High Country United Way began her presentation by sharing the organization's mission statement of "Uniting people and resources to improve lives in the High Country."  Ms. Reigel shared a presentation on High Country United Way's transition from the traditional approach of improving lives by mobilizing communities and supporting services for individuals and families to their new strategy of creating the opportunities for a good life for all by focusing on education, income, and health.  The High Country United Way planned to partner with agencies, individuals, corporations, labor groups, government, foundations, academia, institutions, systems, formal organizations, information associations, neighborhood networks, and faith-based groups.  Ms. Reigel shared a model from Buncombe County which has already transitioned to the new strategy of community focus.  Ms. Reigel invited the Board of Commissioners to appoint a representative to serve on the High Country United Way's Steering Committee.

 

Commissioner Deal requested more information regarding the regular schedule for Steering Committee meetings.

 

Ms. Reigel stated that the next Steering Committee meeting was scheduled for July 21, 2011, at 2:00 P.M.

 

Chairman Miller appointed Commissioner Futrelle to serve as the Board's representative to the High Country United Way.

Proposed Contract for Live Scan Machine Maintenance and Support

Captain Jeff Virginia with the Watauga County Sheriff's Office presented a maintenance contract with MorphoTrak, Inc., for the two (2) Live Scan (fingerprint) machines currently in operation.  Funds were available in the Sheriff's budget to cover the $8,241 expense.

 

Commissioner Gable, seconded by Commissioner Deal, moved to approve entering into a contract with MorphoTrak, Inc., in the amount of $8,241, contingent upon the County Attorney's review of the contract.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

Proposed Lease Agreement for Child Support Enforcement Office

Mr. Jim Atkinson, Director of Social Services, presented a proposed lease renewal with Mr. Graydon Eggers for the Child Support Enforcement Office.  The initial lease was for $22,200 annually; however, Mr. Eggers was informed that after July 1, 2011, the County would no longer require the amount of space currently used as staff had been reduced due to Avery County's decision to administer their own Child Support Enforcement.  Mr. Eggers offered to reduce the annual lease to $18,057.24, for a cost savings of $4,142.76.  The lease also included a provision allowing Mr. Eggers to retain ownership of the new, recently-installed phone system which was necessitated due to lightening damage.  Mr. Atkinson stated that, if approved by the State, the Department of Social Services planned to implement a scanning program which would reduce the amount of filing space required and allow the Child Support Enforcement Office to be housed onsite by July 1, 2012.

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the lease agreement with Mr. Eggers, in the amount of $18,057.24, contingent upon the County Attorney's review.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

Request to Participate in the ExxonMobile Foundation Volunteer Involvement Program

Ms. Angie Boitnotte, Director of Project on Aging, presented an ExxonMobil Foundation grant opportunity.  The Foundation encourages former employees, retirees, and other eligible volunteers by providing contributions to eligible organizations on their behalf for the time and talent they donate.  An eligible organization is defined as charitable; recognized as tax exempt by the IRS under Section 501(c)(3) of the Internal Revenue Service (IRS) Service Code; and must have an Employer Identification Number (EIN) or be an instrumentality of a state or local government under IRC Section 170(c)(1).  Ms. Boitnotte stated that two Western Watauga Community Center volunteers, who assisted with Home-Delivered Meals, qualified for the program and, if accepted as participants, planned to request that the funds donated by ExxonMobile on their behalf be used at the Community Center.

 

 

Commissioner Gable, seconded by Commissioner Deal, moved to authorize the grant applications with ExxonMobile and to accept funds, if received, for use at the Western Watauga Community Center.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

Tax Matters

A.  Monthly Collections Report

Mr. Tom Pitts, Director of Land Records with the Watauga County Tax Department, presented the Tax Collections Report for the month of June 2011.  This report was presented for information only and, therefore, no action was required.

 

B.  Refunds and Releases

Mr. Pitts presented the following Refunds and Releases for June 2011 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Deal, seconded by Commissioner Gable, moved to approve the Refunds and Releases Report for June 2011, as presented.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

C.  Surplus Property Sale Request

County Manager Geouque presented two properties (Parcel ID # 1889-97-9259-000, Hound Ears Section 7/Lot 19 & Parcel ID # 1889-97-8363-000, Hound Ears Section 7/Lot 20) that have gone through the upset bid process and concluded a ten-day period in which no upset bids were received for either property.  Ms. Elaine Richards held the current high offer of $6,140 per lot for a total of $12,280.  The County Manager stated that the Board could accept or reject the bids as presented; however, should the bids be rejected, the upset bid process would begin again. 

 

Commissioner Gable, seconded by Commissioner Deal, moved to accept the bids from Ms. Elaine Richards in the amount of $6,140 for Parcel ID # 1889-97-9259-000 and $6,140 for Parcel ID # 1889-97-8363-000 and to direct the County Attorney to draft and execute the appropriate documents to finalize the sale of the properties.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

 

D.  Request for Appointment of Plat Review Officers

Mr. Pitts stated that, due to the recent retirement of Ms. Carolyn R. Hodges, he was currently the only designated Plat Review Officer in the County.  Mr. Pitts presented a resolution which, if adopted, would officially remove Ms. Hodges from her duties and appoint Ms. Marilyn M. Osborne and Ms. Tracy F. Yates, both current Tax Department employees, as Plat Review Officers.

 

Commissioner Deal, seconded by Commissioner Gable, moved to adopt the resolution as presented.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

Watauga Opportunities, Inc., Request for Loan Payment Waiver

Mr. Joe Furman stated that the County had entered into an agreement with Watauga Opportunities, Inc., (WOI) to loan or grant $50,000 for upgrades to their facility.  The loan was to be repaid in annual $10,000 increments; however, if ten (10) jobs were created and maintained, the annual installment was to be forgiven.  Mr. Furman stated that WOI had requested the final $10,000 loan payment to the County be waived as twelve jobs were currently maintained per the agreement.  Mr. Furman stated that WOI had made the $10,000 payment to the County only one year when the amount of jobs retained dropped below ten.

 

Commissioner Deal, seconded by Commissioner Gable, moved to waive Watauga Opportunities, Inc.'s, final payment of $10,000 pursuant to the agreement.

 

Chairman Miller stated that he would like an independent verification that the jobs were currently maintained.

 

Since Vice-Chairman Blust was the Commissioner representative on the WOI Board, action on the motion was tabled, by consensus, until Mr. Blust joined the meeting to allow for a report on WOI and verification on jobs maintained.

 

[Clerk's Note:  After Vice-Chairman Blust's arrival, the Board voted as follows:  4-Aye (Miller, Blust, Deal, Gable); 0-Nay; and 1-Absent (Futrelle) as indicated later in the minutes.]

Emergency Management Matters

A.  Proposed Software Agreement with C3 Applications, LLC

Mr. Steve Sudderth, Fire Marshal/Emergency Management Coordinator, presented a five-year agreement with C3 Applications, LLC, for Emergency Operations Center and Fire Marshal software maintenance in the amount of $1.00 per year.  The County Attorney had reviewed this agreement prior to the meeting.

 

County Manager Geouque stated that the current system worked well and the cost to the County would be approximately $90,000 to replace and maintain the existing system, if this contract was not accepted.

 

Commissioner Gable, seconded by Commissioner Deal, moved to approve the agreement with C3 Applications, LLC, for maintenance of Emergency Operations Center and Fire Marshal software in the amount of $1.00 per year, as presented.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

B.  Proposed Lease with CB Radio, Inc., for FM Antenna Placement on Buckeye Mountain Pole

Mr. Sudderth presented a request from CB Radio, Inc., dba WBEJ, for the temporary placement of FM antenna on the County's old communication telephone pole on Buckeye Mountain.  Mr. Don Crisp, with WBEJ, agreed to pay $500 per month, for three months, to lease the space and agreed to transfer the electric meter into his name.  Mr. Sudderth stated that the agreement was to include the understanding that if, for any reason, the temporary antenna was to interfere with Sheriff and/or fire communications then the contract would be terminated. 

 

Commissioner Gable, seconded by Commissioner Deal, moved to enter into a short-term lease agreement with CB Radio, dba WBEJ, in the amount of $500 per month for a three-month period and to direct the County Attorney to prepare the agreement including a termination clause in the event of interference with County emergency communications.

 

VOTE:   Aye-3(Miller, Deal, Gable)

              Nay-0

              Absent-2(Blust, Futrelle)

Discussion of Offers from Lincoln Harris Investments, LLC, and Miller Properties, Inc.

County Manager Geouque stated that time was reserved for further discussion of the recent offers received for the purchase of the old high school property.  

 

Chairman Miller stated that the purpose for discussion was to allow communications to remain open between the County and the two parties who had submitted offers to purchase the old high school property, Lincoln Harris Investments, LLC, and Miller Properties, Inc.

 

Chairman Miller also stated that the Board was discussing the recently received appraisal with the County Attorney.

 

Commissioner Gable moved to release the appraisal, contingent upon the County Attorney's review.

 

The motion died without a second.

 

The Board held lengthy discussion regarding the timing and amount of a potential counter offer.

 

Commissioner Gable, seconded by Chairman Miller, moved to counter both offers to purchase the old high school property (from Lincoln Harris Investments, LLC, and Miller Properties, Inc.) with $20,000,000, including no contingencies, and to direct the County Attorney to prepare the appropriate documents.

 

Commissioner Deal requested to table action on the motion until the special meeting scheduled for 4:00 P.M. on July 13, 2011, to allow for Vice-Chairman Blust and Commissioner Futrelle to share their comments.

 

By consensus, the Board agreed to table action on the above motion and to direct the County Manager to contact Vice-Chairman Blust and Commissioner Futrelle to inform them of the motion.

Miscellaneous Administrative Matters

A.  Appointment of Voting Delegate at the North Carolina Association of County Commissioners' (NCACC) Annual Conference

 

County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference was scheduled for August 18-21, 2011.  Each county in attendance was required to select a voting member for representation at the annual business meeting which was conducted as a part of the conference.  Submission of the voting delegate was due August 12, 2011.

 

By consensus, the Board tabled appointment of the North Carolina Association of County Commissioners' Annual Conference voting delegate until the August 2, 2011, Board meeting.

 

[Clerk's Note:  A break in Miscellaneous Administrative Matters was taken to allow for the public hearing to begin.]

Public Hearing to Allow Citizen Comment on Proposed Amendments to the Watauga County Animal Care and Control Ordinance

Chairman Miller declared the public hearing open at 6:07 P.M.

 

Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on proposed amendments to the Watauga County Animal Care and Control Ordinance.

 

Lengthy discussion was held with Ms. Cassie Welsh, Executive Director of the Watauga Humane Society, Ms. Anita Gomez, Watauga County Chief Animal Control Officer, and Ms. Ellen Jo Krammer, Watauga Humane Society Board Member, regarding a proposed inclusion to the ordinance which would prohibit the display of any animal in a public place for the purpose of selling or giving the animal away.

 

[Clerk's Note:  Vice-Chairman Blust arrived and joined the meeting at 6:23 P.M.]

 

There being no public comment, Chairman Miller declared the public hearing closed at 6:25 P.M.

 

By consensus, the Board tabled further discussion of the proposed amendments to the Watauga County Animal Care and Control Ordinance until the August 2, 2011, regular meeting to allow time for staff to include definitions for "commercial kennel" and "public place."

Miscellaneous Administrative Matters

B.  Announcements

County Manager Geouque announced the following:

 

·         Avery County invites the Board to attend its 100th Year Anniversary celebration scheduled for Saturday, July 30, 2011, at 11:00 A.M.

 

·         The North Carolina Association of County Commissioners' (NCACC) 104th Annual Conference is scheduled for August 18-21, 2011, at the Embassy Suites Resort Hotel and Concord Convention Center in Cabarrus County.  The deadline date for early registration, at a reduced rate, is July 22.

 

·         A work session is scheduled for July 13, 2011, at 4:00 P.M. to review space needs for County departments.  The special meeting will be held in the Commissioners' Conference Room on the first floor of the Watauga County Administration Building.

 

·         Due to the changes in the Board's regular meeting schedule for July, the next regular meeting of the Board of Commissioners is scheduled for Tuesday, August 2, 2011, beginning at 8:00 A.M.

Continuation of Watauga Opportunities, Inc., Request for Loan Payment Waiver

Vice-Chairman Blust stated that, although he did not know an exact count of employees, Watauga Opportunities, Inc., had several and he suggested each Board member tour their facility.

 

Action was taken on the earlier motion as stated:  Commissioner Deal, seconded by Commissioner Gable, moved to waive Watauga Opportunities, Inc.'s, final payment of $10,000 pursuant to the agreement.

 

VOTE:   Aye-4(Miller, Blust, Deal, Gable)

              Nay-0

              Absent-1(Futrelle)

Public Comment

There was no public comment.

Closed Session

At 6:29 P.M., Commissioner Gable, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:   Aye-4(Miller, Blust, Deal, Gable)

              Nay-0

              Absent-1(Futrelle)

 

Commissioner Deal, seconded by Commissioner Gable, moved to resume the open meeting at 6:59 P.M.

 

VOTE:   Aye-4(Miller, Blust, Deal, Gable)

              Nay-0

              Absent-1(Futrelle)

Action After Closed Session

Commissioner Gable, seconded by Vice-Chairman Blust, moved to direct staff to release to the public, forthwith, the current old high school property appraisal received by the County, and to request the Watauga County Board of Education release their appraisal, if one exists, with both to be released at the same time.

 

VOTE:   Aye-3(Miller, Blust, Gable)

              Nay-1(Deal)

              Absent-1(Futrelle)

 

Commissioner Deal stated, for the record, that he was not opposed to the appraisals being released but he felt that the Board should discuss the County's appraisal prior to release.

Adjourn

Commissioner Gable, seconded by Vice-Chairman Blust, moved to adjourned the meeting at 7:03 P.M.

 

 Nathan A. Miller, Chairman

 

 

ATTEST:

Anita J. Fogle, Clerk to the Board