MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 18, 2011
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 18, 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 at 5:18 P.M.]
Tim Futrelle, Commissioner
Vince Gable, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Clerk’s Note: Commissioner Deal was not present for the meeting due to a prior commitment.]
Chairman Miller called the meeting to order at 5:03 P.M.
Chairman Miller opened the meeting with a prayer and Commissioner Gable led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the September 26, 2011, special meeting minutes and the October 4, 2011, regular and closed session minutes.
Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the September 26, 2011, special meeting minutes as presented.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-0
Absent-2(Blust, Deal)
Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the October 4, 2011, regular meeting minutes as presented.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-0
Absent-2(Blust, Deal)
Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the October 4, 2011, closed session minutes as presented.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-0
Absent-2(Blust, Deal)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the October 18, 2011, agenda.
County Manager Geouque requested to delete Item # 11C: Road Maintenance Request from Top O’ Boone to allow for additional staff research prior to consideration.
County Manager Geouque requested to add a discussion of a proposed contract for the Criminal Justice Partnership Program (CJPP) with Mr. Mike Vannoy after Agenda Item # 5.
Commissioner Gable, seconded by Commissioner Futrelle, moved to approve the October 18, 2011, agenda as amended.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-0
Absent-2(Blust, Deal)
Proposed Proclamation for Farm City Week
Mr. Jim Hamilton, Director of Watauga County Cooperative Extension, presented a proposed proclamation declaring October 29 – November 3, 2011 as Farm City Week and calling upon citizens to support the County’s local agricultural economy and the 56th Annual Farm-City Banquet which will be held on Thursday, November 3, 2011, at 6:00 P.M. at the Boone United Methodist Church.
Commissioner Gable, seconded by Commissioner Futrelle, moved to adopt the proclamation declaring October 29 – November 3, 2011, as Farm City Week in Watauga County.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-0
Absent-2(Blust, Deal)
Proposed Letter of Intent to Purchase Old High School Property
Ms. Diane Fountain had submitted a Letter of Intent to Purchase the old high school property to the County Manager and had requested agenda time to present to the Board; however, Ms. Fountain was not present at the meeting.
County Attorney Eggers stated that discussion of the offer was appropriate for closed session.
County Manager Geouque stated that he understood Ms. Fountain wished to see if the Board was interested in an offer that involved installment payments over a five-year period for the property prior to submitting an official offer.
After brief discussion, the Chairman directed the County Manager to contact Ms. Fountain and request she submit a formal offer for consideration.
CJPP Agreement Request
Mr. Mike Vannoy, Director of the Criminal Justice Partnership Program (CJPP), stated that the program was designed to expand sentencing options by adding community-based sanctions for parolees through NC Department of Correction grants which provide financial assistance to individual counties or groups of counties in filling the gap between active prison sentences and community-based punishments. The County used the grant funds to contract with New River Behavioral Healthcare for CJPP services.
Mr. Vannoy presented a contract in which the grant funds would be used by the County to directly contract with Mr. Vannoy for CJPP services. Mr. Vannoy assured the Board that he planned to continue the Program through the current grant cycle. Mr. Vannoy also stated that he planned to submit a proposal when the State advertised for Request for Proposals for CJPP services which was expected to occur in the next fiscal year.
Mr. Vannoy stated that all equipment purchased with the CJPP grant funds would stay with the program; however, if the program was terminated for any reason, the equipment would become County property.
County Manager Geouque stated that the current contract with New River Behavioral Healthcare stated that both the County and New River Service Authority had to agree to terminate their current contract. If there was not a consensus, a 30-day notice would be required.
County Attorney Eggers stated that he had reviewed the content of the contract.
Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the contract with Mike Vannoy to operate the Criminal Justice Partnership Program utilizing the available existing State grant funds with the understanding that Program equipment was to remain with Mr. Vannoy until such a time that the Program no longer existed and then the equipment would become the property of Watauga County; this was to be contingent upon the termination of the current contract between New River Service Authority and the County with a thirty-day (30) notice required should the termination not be mutually agreeable.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-(Deal)
Tourism Development Authority Bid Award Request for Playground Contract at Rocky Knob Park
Mr. Eric Woolridge with the Tourism Development Authority requested the Board award a contract to Beanstalk Journeys, in the amount of $75,000, for the construction of a playground at Rocky Knob Park. The construction of the playground would satisfy a portion of the County’s obligation with regards to the $500,000 PARTF grant. The project would be fully funded by the TDA.
County Attorney Eggers stated that he would meet with Mr. Woolridge prior to the next meeting to assure that all statutory requirements were met throughout the bidding process.
Chairman Miller requested that the Tourism Development Authority review the bids and present their recommendation also.
After brief discussion and by consensus, the Board agreed to table consideration of the award until a future meeting when all bids received for the project could be presented for review.
Register of Deeds Software Request
Register of Deeds, JoAnn Townsend, gave an update regarding ongoing projects within her office. Ms. Townsend stated that Watauga County was one of twenty-nine in North Carolina that had joined the Vital Records Automated System. These allowed citizens who were born after 1971 to be able to request a birth certificate from other counties without having to travel there in person. Ms. Townsend reported that her office has also successfully redacted driver’s license and social security numbers from records available on their website.
Ms. Townsend stated that new compliance standards were to become effective January 1, 2012, and her current software provider, with whom there have been several issues, planned to charge $25,000 to comply with those standards. As the County’s Information Technologies Department could not provide the necessary service to meet compliance, Ms. Townsend requested contracting with Courthouse Computer Systems, in the amount of $16,250, for six (6) months of annual software maintenance, including conversion costs, web hosting, e-recording, pre-1985 document sear solution, and compliance of the indexing standards to become effective January 1, 2012. The full maintenance fee of $32,500 would be locked-in for five years. At the present time, the current provider was not willing to waive the six (6) months of software maintenance fees for the remainder of the year even though the County was changing providers January 1, 2012.
Ms. Townsend also requested the Board award an additional contract to Courthouse Computer Systems, in the amount of $46,000, for on-site scanning of the indices from 1872-1985.
The total annual request was in the amount of $62,250; however, by changing vendors a $25,000 cost savings would be realized, reducing the request to $37,250. The $37,250 would be allocated from the Register of Deeds Automation, Enhancement and Preservation Fund, per G.S. 161-11.3.
County Attorney Eggers had reviewed both proposed contracts with Courthouse Computer Systems.
Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve both contracts with Courthouse Computer Systems with funds to be allocated from the Register of Deeds Automation, Enhancement and Preservation Fund as presented.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Maintenance Matters
A. Bid Award Request for Roof Repairs to Health Department and Library Buildings
Mr. Robert Marsh, Maintenance Director, received the following two bids for roof repair work on the health department and library buildings:
|
Company |
Library Gutter Repair |
Library Gutter Replacement |
Library SnoClips |
Health Department |
|
LaFave’s Construction Landis, NC |
$4,499 |
$6,749 |
$2,983 |
$15,696 |
|
CityScape Roofing Claremont, NC |
$6,037 |
$30,326 |
n/a |
$34,325 |
Mr. Marsh requested a contract be awarded to LaFave’s Construction Company, Inc., for the replacement of gutters and the installation of a snow retention system at the Health Department in the amount of $22,445. Mr. Marsh also requested the acceptance of LaFave’s Construction’s recommendation to add SnoClips™ to the Library snow retention system at a cost of $2,983. Funds for the project would be allocated from the Maintenance Department’s budget.
Commissioner Gable, seconded by Vice-Chairman Blust, moved to award the contract to LaFave’s Construction Company, Inc., in the amount of $25,428, contingent upon the County Attorney preparing the contract as presented.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
B. Bid Award Requests for Courthouse/Law Enforcement Center Renovations
Mr. Marsh presented the following bids for renovations to the Courthouse and Law Enforcement Center:
|
Bidder |
Law Enforcement Center |
Ground Floor Courtroom |
Total |
|
Houck Contracting Hickory, NC |
$4,970.00 |
$1,070.00 |
$6,040.00 |
|
Greene Construction Boone, NC |
$7,548.00 |
$3,292.00 |
$10,840.00 |
|
Lawrence Construction Boone, NC |
$3,413.55 |
$931.70 |
$4,345.25 |
|
Ronnie Jones Construction Boone, NC |
No Response |
No response |
|
Mr. Marsh stated that the Sheriff had requested the room in the Law Enforcement Center previously occupied by the Civil Division be divided into two offices by installing a partition wall and door. The Board of Elections had also requested to remove the prosecuting and defense tables from the downstairs courtroom during One-Stop Voting. The tables were currently hardwired for both electricity and data. Therefore, they could not be moved without the installation of two floor outlets which would involve concrete demolition, carpet patching and electrical work.
Mr. Marsh requested the Board award a contract to the low bidder, Dallas Lawrence Construction, in the amount of $4,345.25 for the requested renovations to the Law Enforcement Center and the Courthouse.
Commissioner Gable, seconded by Commissioner Futrelle, moved to award the contract for renovations to the Courthouse and Law Enforcement Center to Dallas Lawrence Construction in the amount of $4,345.25 contingent upon the County Attorney preparing the contract.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Finance Matters
A. Budget Amendments
Finance Director Margaret Pierce reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-352100 |
Criminal Justice Partnership Program (CJPP) |
|
$64,139 |
|
105210-469820 |
CJPP Grant |
$64,139 |
|
|
|
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|
The amendment recognized Department of Corrections’ grant funds. These funds require no County match and the grant is passed-through the County to fund a program for substance abuse treatment for parolees. |
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|
|
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|
Account # |
Description |
Debit |
Credit |
|
103586-332004 |
State Senior Center Funding |
|
$16,274 |
|
105550-426000 |
Office Supplies |
$1,500 |
|
|
105550-429200 |
Program Supplies |
$4,824 |
|
|
105550-431200 |
Travel-Subsistence |
$500 |
|
|
105550-431300 |
Client Transportation |
$3,000 |
|
|
105550-432100 |
Telephone |
$800 |
|
|
105550-432500 |
Postage |
$200 |
|
|
105550-434100 |
Printing |
$450 |
|
|
105550-469514 |
Contracted Services-Instructors |
$5,000 |
|
|
|
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|
The amendment recognized the award of the State Senior Center funding for aging services at the Lois E. Harrill Center and the Western Watauga Community Center. Acceptance of the award was made at the October 4, 2011, Board meeting. |
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|
Account # |
Description |
Debit |
Credit |
|
103991-399102 |
Rural Center Water Interconnect Grant |
$108,535 |
|
|
104199-469510 |
Rural Center Water Interconnect Grant |
|
$108,535 |
|
|
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|
The amendment reduced the Rural Center Grant per an amendment to the grant agreement which was approved at the October 4, 2011, Board meeting. |
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Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the budget amendments as presented.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
B. Bid Award Request for Surplus Property
Ms. Margaret Pierce reviewed bids received through GovDeals.com for the purchase of real property recently surplused by the County. The property which was donated to the County was located at 103 Windridge Road, Charter Hills, Lot D-32, Beech Mountain, NC. The highest bid was submitted by Mr. Thomas O’Connell, in the amount of $8,510.01, with the appropriate deposit received. Ms. Pierce stated that closing was to occur within 60 days and all closing costs were to be paid by the purchaser. Below is a list of all bids received:
|
Bidder’s User ID |
Bid Amount |
|
259173562 |
$8,510.01 |
|
dmac1957 |
$8,500.01 |
|
259173562 |
$7,510.01 |
|
dmac1957 |
$7,500.01 |
|
259173562 |
$5,450.67 |
|
gatelyn03 |
$5,440.67 |
|
gatelyn03 |
$5,411.00 |
|
259173562 |
$5,401.00 |
|
259173562 |
$5,310.00 |
|
ANDOLINA |
$5,300.00 |
|
ANDOLINA |
$5,211.00 |
|
259173562 |
$5,201.00 |
|
259173562 |
$5,090.00 |
|
ANDOLINA |
$5,080.00 |
|
259173562 |
$5,070.00 |
|
ANDOLINA |
$5,060.00 |
|
259173562 |
$5,050.00 |
|
ANDOLINA |
$5,040.00 |
|
259173562 |
$5,030.00 |
|
ANDOLINA |
$5,020.00 |
|
259173562 |
$5,010.00 |
|
ANDOLINA |
$5,000.00 |
|
ANDOLINA |
$4,611.00 |
|
259173562 |
$4,601.00 |
|
ANDOLINA |
$4,110.00 |
|
259173562 |
$4,100.00 |
|
Bidder’s User ID cont. |
Bid Amount cont. |
|
259173562 |
$4,010.00 |
|
ANDOLINA |
$4,000.00 |
|
ANDOLINA |
$3,611.00 |
|
259173562 |
$3,601.00 |
|
ANDOLINA |
$3,260.00 |
|
259173562 |
$3,250.00 |
|
ANDOLINA |
$3,010.00 |
|
jpavital |
$3,000.00 |
|
jpavital |
$2,510.00 |
|
ANDOLINA |
$2,500.00 |
|
jpavital |
$1,500.00 |
Ms. Pierce stated that the lot had a current tax value of $20,000 and would remain that amount until January 2014, when the new revaluation will be effective.
Vice-Chairman Blust, seconded by Commissioner Gable, moved to accept the high bid from Mr. Thomas O’Connell in the amount of $8,510.01 for the purchase of surplus property located at 103 Windridge Road, Charter Hills, Lot D-32, Beech Mountain, NC, and to direct the County Attorney to work with Mr. O’Connell to close within 60 days.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Planning & Inspections Matters
A. Acceptance of NC Rural Center Grant
Mr. Joe Furman, Economic Development Director, stated that in June 2011, the County had applied for a grant, per an Economic Development Commission request, with the NC Rural Center Building Reuse and Restoration Program requesting an amount of $64,000 which required a commitment from Giant Street Ventures dba Aaron’s, the benefactor of the grant, to create eight new jobs within eighteen months and maintain the same number for another six months. Mr. Furman stated that the Rural Center had notified the County that funds were awarded in the amount of $44,843 and the job requirement had dropped to six positions. The reason for the reduction was the grant was to only fund the renovation portion of the project. The local match was to be covered by Mr. Furman’s administrative time which would total approximately 30 hours.
Mr. Furman requested the Board accept the grant award and approve the loan document and promissory note; however, he did state that the County Attorney had reservations regarding the wording of the loan document.
County Attorney Eggers stated that the loan document was written in a manner that left the County responsible to the Rural Center if the six jobs were not created and maintained as required. In the grant proposal it was stated that the County would not be held liable to expend funds if the jobs were not created; however, the County could take any means necessary to enforce that Aaron’s would pay.
The County Attorney stated that the Board could approve the documents as prepared; prepare an agreement with Aaron’s which would more securely bind them to expend their funds in the event the required number of jobs were not met; request the Rural Center amend the loan documents; or not accept the grant award.
Mr. Furman stated that the process had operated under the assumption all along that the County would not be obligated to expend funds if Aaron’s did not meet their job creation requirement so the Rural Center may be willing to amend the agreement.
Mr. Furman also stated that acceptance had to be given within 30 days of the grant award and tabling consideration to request the Rural Center amend their documents and/or designate collateral with Aaron’s to cover expenses that may be incurred if the jobs required were not created, would not allow the County to meet that deadline.
By consensus, the Board agreed to table consideration to the next Board meeting and directed Mr. Furman to request a time extension from the Rural Center for acceptance of the grant award and amend the loan documents so that the County was not financially responsible to the Rural Center if Aaron’s did not meet their job creation quota as required by the grant.
B. Public Hearing Request – Proposed Budget Amendment for CDBG Scattered Site Housing Project
Mr. Furman, Planning & Inspections Director, requested a public hearing be set to allow public comment on a proposed budget amendment to the Community Development Block Grant (CDBG) Scattered Site Housing Program. Due to the extent of repairs needed, a home originally scheduled for rehabilitation must be demolished and replaced with a double-wide manufactured home. The home-owner was in agreement with the replacement; however, the CDBG program required a public hearing be held prior to the approval of the budget amendments. As time was of the essence in an attempt to have the work done prior to winter weather setting in, Mr. Furman requested the public hearing be scheduled for the November 1, 2011, Board meeting.
Vice-Chairman Blust, seconded by Commissioner Gable, moved to schedule a public hearing for November 1, 2011, at 8:00 A.M. as requested per CDBG requirements.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Miscellaneous Administrative Matters
A. Proposed Resolution Approving Smoky Mountain Center’s Purchase of Property
County Manager Geouque presented a proposed resolution authorizing Smoky Mountain Center’s purchase of real property in Haywood County. Since Smoky Mountain Center was the County’s Local Management Entity for mental health services, adoption of a resolution approving the purchase was required, pursuant to G. S. 122C-147(c), prior to the purchase of the property.
Commissioner Futrelle, seconded by Commissioner Gable, moved to adopt the resolution as presented.
VOTE: Aye-3(Miller, Futrelle, Gable)
Nay-1(Blust)
Absent-1(Deal)
B. Request for Release of Funds to Humane Society per Agreement for Construction of the Animal Shelter
County Manager Geouque requested the release of a $400,000 one-time capital payment to the Humane Society per the County’s agreement regarding the construction of the new animal shelter. The County Manager also requested the release of the annual $75,000 maintenance amount; however, the amount for this fiscal year was to be pro-rated to an amount of $56,250 which reflected the October 1, move-in date. Adequate funds were budgeted and available.
Commissioner Gable, seconded by Commissioner Futrelle, moved to release the one-time $400,000 capital payment and the $56,250 pro-rated annual maintenance fee to the Watauga Humane Society as requested by the County Manager.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
C. Road Maintenance Request from Top O’ Boone Subdivision
This item was removed from the agenda
D. Boards & Commissions
County Manager Geouque stated that the terms of Watauga County Board of Adjustment members Bill Ragan, Baxter Palmer, and Lyle Schoenfeldt were set to expire in November 2011. NC General Statute 153A-345(a) required that, if a County has zoning in effect in less than the entire jurisdiction, a resident of each of the zoned areas shall be appointed by the Board of Commissioners.
The County Manager stated that Bill Ragan, a regular member, lived in the Howard’s Creek Watershed, and Baxter Palmer, an alternate member, lived in Foscoe. Both of these members were willing to be reappointed. Lyle Schoenfeldt, a regular member, was the Valle Crucis Historic District representative, but no longer resided in that area; therefore, he was not eligible for reappointment as the Historic District’s representative.
Appeals for interested parties willing to serve were mailed and published on the County’s website. Ms. Diana Mast White and Mr. Jason Connelly, residents of the Valle Crucis Historic District have expressed interest in serving and their Volunteer Applications were presented.
Planning and Inspections Director, Joe Furman, stated that the Board of Adjustment only met as necessary and, therefore, had held two meetings in the past three years.
The above were first readings and, therefore, no action was required.
E. Announcements
County Manager Geouque announced that the 56th Annual Farm-City Banquet was scheduled for Thursday, November 3, 2011 at 6:00 P.M. at the Boone United Methodist Church with the theme for this year’s banquet being “High Country Grown.”
County Manager Geouque announced that the Annual County Christmas Luncheon was scheduled for Tuesday, December 13, 2011, from 12:00 to 2:00 P.M. at the Dan’l Boone Inn. The Board and County Attorney were invited to attend.
County Manager Geouque announced that a “Turning of the Valve” ceremony was scheduled for the Boone/Blowing Rock Water Interconnection Project on Wednesday, October 19, 2011, at 5:00 P.M. The ceremony would be held across from Tweetsie Railroad on Hwy 321 at the meter vault between both water systems.
Public Comment
Ms. Sandra Phillips and Ms. Anita Presnell shared their concerns regarding upcoming changes to employee health care insurance coverage.
Closed Session
At 6:12 P.M., Vice-Chairman Blust, seconded by Commissioner Gable, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Commissioner Futrelle, seconded by Chairman Miller, moved to resume the open meeting at 6:45 P.M.
VOTE: Aye-4(Miller, Blust, Futrelle, Gable)
Nay-0
Absent-1(Deal)
Adjourn
Chairman Miller adjourned the meeting at 6:45 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board