MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, DECEMBER 6, 2011
The Watauga County Board of Commissioners held a regular meeting on Tuesday, December 6, 2011, at 8:00 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan A. Miller, Chairman
David Blust, Vice-Chairman
Jim Deal, Commissioner
Tim Futrelle, Commissioner
Vince Gable, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 8:06 A.M.
Vice-Chairman Blust 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 November 15, 2011, regular meeting minutes.
Commissioner Deal requested a correction under Boards and Commissions stating that the recommended appointment of Caroline Carney to the Recreation Commission was to represent Valle Crucis School, not Blowing Rock School.
Commissioner Deal, seconded by Commissioner Gable, moved to approve the November 15, 2011, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Board Organizational Matters
The meeting was turned over to County Manager Geouque for the election of the Chairman of the Watauga County Board of Commissioners.
A. Election of Officers
County Manager Geouque called for nominations for Chairman of the Watauga County Board of Commissioners.
Commissioner Gable, seconded by Commissioner Blust, moved to appoint Commissioner Miller as Chairman.
VOTE: Aye-5
Nay-0
The meeting was then turned over to Chairman Miller.
Chairman Miller called for nominations for Vice-Chairman of the Watauga County Board of Commissioners.
Commissioner Blust, seconded by Chairman Miller, moved to appoint Commissioner Gable as Vice-Chairman.
VOTE: Aye-5
Nay-0
B. Staff Appointments
Commissioner Deal, seconded by Commissioner Blust, moved to re-appoint Deron Geouque as the County Manager.
VOTE: Aye-5
Nay-0
Vice-Chairman Gable, seconded by Commissioner Blust, moved to re-appoint Anita J. Fogle as Clerk to the Board and to re-appoint Angie Ritter and Monica Harrison as Substitute Clerks to the Board.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Gable, moved to appoint Eggers, Eggers, Eggers, and Eggers as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services and their Child Support Enforcement Offices.
VOTE: Aye-5
Nay-0
C. Fidelity Bonds
The following individual fidelity bonds were presented for approval:
|
Position |
Bond Amount |
Statutory Requirement |
|
Finance Director |
$50,000 |
No less than $50,000, per G. S. 159-29 |
|
Deputy Finance Director (County Manager) |
$50,000 |
Same as above |
|
Tax Collector |
$50,000 |
Amount considered reasonable by BCC, G. S. 105-349-c |
|
Register of Deeds |
$50,000 |
At least $10,000 but no more than $50,000, G. S. 161-4 |
|
Sheriff |
$25,000 |
$25,000 max, G. S. 162-8 |
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the individual fidelity bonds as presented.
VOTE: Aye-5
Nay-0
D. Commissioner Boards & Commissions Appointments
Commissioner appointments to various Boards and Commissions were reviewed.
Chairman Miller, seconded by Vice-Chairman Gable, moved to appoint Commissioner Blust to the AppalCART Authority Board and to appoint himself to the Smoky Mountain Center Board.
VOTE: Aye-5
Nay-0
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the full slate of appointments as follows:
Boards and Commissions Commissioner Appointed
Appalachian District Health Department Deal
AppalCART Authority Blust
Caldwell Community College &Technical Institute (Watauga Advisory Board) Futrelle
Children’s Council/Child Protection Team Futrelle
Committee of 100 Blust
Criminal Justice Partnership Program Gable
Economic Development Commission Blust
Educational Planning Committee (2 appointees) Blust & Futrelle
Future Forward Blust
High Country COG (Executive Board & Rural Transportation Advisory Comm.) Miller
Juvenile Crime Prevention Council Futrelle
Library Board Futrelle
Motor Vehicle Valuation Review Committee Gable
New River Service Authority Board (Mental Health Service Provider) Miller
POA Advisory Committee (Home & Community Care Block Grant) Futrelle
Smoky Mountain LME (Mental Health) Miller
Watauga County Cooperative Extension’s Advisory Leadership Board Gable
Watauga
Watauga County Department of Social Services Miller
Watauga Opportunities, Inc. Blust
Workforce Development Consortium Chairman
VOTE: Aye-5
Nay-0
E. Meeting Schedule
Commissioner Blust, seconded by Vice-Chairman Gable, moved to set the regular meeting schedule for the Watauga County Board of Commissioners in 2012 as follows: the first Tuesday of each month at 8:30 A.M. and the third Tuesday of each month at 5:30 P.M.; however, after discussion, Commissioner Blust, seconded by Vice-Chairman Gable, moved to amend the motion as follows: moved to set the regular meeting schedule for the Watauga County Board of Commissioners as follows: the first Tuesday of each month at 8:00 A.M. and the third Tuesday of each month at 5:30 P.M. for the year 2012.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the December 6, 2011, agenda.
County Manager Geouque requested the following changes:
· Removal of the Criminal Justice Partnership Program Agreement request, per Mr. Mike Vannoy
· Removal of the Road Maintenance Request from Top O Boone, per Mr. David Turlington
· Addition of a closed session for Attorney/Client matters per, G. S. 143-318.11(a)(3).
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the December 6, 2011, agenda as amended.
VOTE: Aye-5
Nay-0
Town of Boone Raw Water Line & Intake Project Easement Request
Mr. Josh Eller, Town of Boone Utilities Service Technician, stated that the Town was in the design phase of constructing raw water line. Mr. Eller stated that there was additional survey work that was required; however, the Town planned to request a temporary construction and a permanent easement on County property near Watauga High School for the water line as associated with the intake project. County Attorney Eggers recommended, if the Board chose to approve the easements, that the area be delineated by metes and bounds prior to consideration. Mr. Eller stated that the additional survey work mentioned was for the preparation of those metes and bounds.
Discussion was held regarding a prior request from the County for additional fire hydrants in the area of the intake project. Mr. Rick Miller, Town of Boone Public Utilities Director, stated that he had talked with an engineer from the State who had concerns regarding the line being for raw water. Mr. Miller also stated that, until the Town had someone available around the clock that could pressurize the line as needed for operation of the hydrant upon notice of a fire call in that area, the liability was too great. Mr. Miller agreed to share the State engineer’s name and contact information with the County Manager.
By consensus, the Board agreed to table consideration of the easement requests until the metes and bounds were delineated and documentation for the project was completed.
Tourism Development Authority Matters
A. Proposed Consultant Contract for Completing the South Fork Greenway Plan
Mr. Eric Woolridge with the Watauga County Tourism Development Authority (TDA) presented a proposed contract, in an amount up to $12,000, with Ms. Teresa Buckwalter for her assistance in completing the South Fork New River Greenway Plan as funded through a $35,000 Clean Water Management Trust Fund grant. Ms. Buckwalter previously worked on the project with Brushy Fork Environmental and had extensive knowledge of project. Mr. Woolridge presented a proposed resolution to exempt the project from the qualification-based process, and enter into a contract with Ms. Buckwalter. Due to her knowledge of the project, it would be most cost-effective for her to complete the work.
Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the resolution exempting the project from the qualification-based process due to Ms. Buckwalter’s extensive knowledge of the project and to approve the contract with Ms. Teresa Buckwalter, in an amount not to exceed $12,000, contingent upon County Attorney review.
VOTE: Aye-5
Nay-0
B. Request for Withdrawal of Clean Water Management Trust Fund Grant Agreement
Mr. Woolridge stated that the Tourism Development Authority currently had an active grant application with the Clean Water Management Trust Fund (CWMTF) in relationship to an agreement with the Greer family for acquisition of a 100’ conservation easement along the Greer farm north of Brookshire Park. Notification was received recently from the CWMTF that the County needed to either resubmit or withdraw the grant application. The grant required a local match of which the funds were to be allocated by the TDA; however, the TDA Board recently voted to not reauthorize the funds and, therefore, was no longer committed to providing the local match for the grant application. Therefore, TDA staff requested the Board allow the conservation easement agreement with the Greer family to expire and requested the County withdraw the grant application from the Clean Water Management Trust Fund.
Commissioner Blust, seconded by Commissioner Deal, moved to authorize the withdrawal of the grant application to the Clean Water Management Trust Fund and to allow the conservation agreement with the Greer family to expire, as presented by Mr. Woolridge.
VOTE: Aye-5
Nay-0
Proposed Grants for Rocky Knob Park Through Boone Area Cyclists
Mr. Paul Stahlschmidt, President of Boone Area Cyclists (BAC), stated that the BAC had served as a community partner on the Rocky Knob Park project by providing more than 2,500 volunteer hours toward the Park’s expanding trail network. As the BAC was a 501(c)3 organization, it was in a position to provide financial assistance as well.
The NC Adopt-a-Trail Program released a second call for new trail projects and the BAC submitted an application for Rocky Knob Park. The BAC was awarded a $5,000 Adopt-a-Trail grant. Mr. Stahlschmidt requested an endorsement from the County prior to accepting those grant funds which would be used to expand the trail network at Rocky Knob Park.
Commissioner Deal, seconded by Commissioner Futrelle, moved to endorse the Boone Area Cyclists acceptance of the $5,000 Adopt-a-Trail grant to be used to expand the Rocky Knob Park trail network.
VOTE: Aye-5
Nay-0
Mr. Stahlschmidt also requested an endorsement to apply for a Lowes Foundation grant, in the amount of $25,000, to further support trail development efforts at Rocky Knob Park.
Mr. Eric Woolridge with the Watauga County Tourism Development Authority (TDA) stated that, if received, the funds would be used to supplement TDA funds dedicated for the bike skills area. Project implementation would be closely monitored by TDA staff for oversight and compliance of grant requirements.
Commissioner Blust, seconded by Commissioner Deal, moved to endorse the Boone Area Cyclist’s Lowes Foundation grant application, in the amount of $25,000, with funds to be dedicated to further support trail development for the bike skills area at Rocky Knob Park.
VOTE: Aye-5
Nay-0
Landfill Gas to Energy Project Matters
A. Proposed Interconnection Agreement with BREMCO
Ms. Lisa Doty provided an update on the interconnection agreement with BREMCO in reference to the County’s Gas to Energy project. The agreement will be presented for consideration at a future meeting after further review by the County Attorney.
B. Proposed Power Purchase Agreement with Duke Energy
Ms. Doty presented a proposed power purchase agreement with Duke Energy for the excess power generated from the landfill gas project. Duke Energy planned to purchase the excess power at 5.5263 c/kWh. The annual gain generated by this project for the County was projected at $72,220 which included approximately $30,000 in costs savings and $42,220 in sales. Funds gained would be allocated to the Sanitation Department budget. The power purchase agreement required baler operation during off-peak hours, adoption of procedures in the event of a system shut-down, and the establishment of reserve accounts to cover system maintenance costs. Mr. Jason Hoyle with the Appalachian State University Energy Center stated that the gas output capacity expected in the power purchase agreement was within projected parameters for the project.
Ms. Doty stated that the Gas to Energy project was the first in the state and would hopefully be a pilot program for other closed landfill sites.
County Attorney Eggers stated that the agreement had been reviewed and was ready for consideration.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the power purchase agreement with Duke Energy as presented.
VOTE: Aye-5
Nay-0
C. Proposed Amendments to Filing with the NC Utilities Commission
Ms. Doty stated that the County had initially planned to sell the excess power generated to BREMCO; however Duke, BREMCO’s wholesale provider, was now purchasing the excess power at a higher rate. Due to the change, the County’s filing with the North Carolina Utilities Commission needed updating to reflect the correct purchaser of the excess power generated by the project.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to amend the County’s filing with the North Carolina Utilities Commission by changing the purchaser, on record, of excess power from BREMCO to Duke Energy, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
In addition, Ms. Doty requested authorization for the County Manager to send a letter informing the US Department of Energy of the County’s intent to apply for the Renewable Energy Production Incentive Program.
The Board agreed by consensus to authorize the County Manager to send a letter expressing the County’s intent to apply for the Renewable Energy Production Incentive Program.
D. Proposed Dates for Ribbon Cutting Ceremony for the Gas to Energy Project
Ms. Doty requested the Board provide a date for a ribbon cutting ceremony celebrating the new Gas to Energy project coming online. The proposed dates were Friday, December 16, 2011, anytime; or Monday, December 19, 2011, 1:00 P.M. or later.
The Board agreed by consensus to schedule the ribbon cutting ceremony for the Gas to Energy Project on December 16, 2011 at 1:00 P.M. at the Landfill.
Request to Accept Additional Allocation of Home and Community Care Block Grant Funding
Ms. Angie Boitnotte, Director of the Project on Aging, reported that an additional $9,932 was allocated to Watauga County from the Home and Community Care Block Grant (H&CCBG) Funds for fiscal year 2012. The additional amount required $1,103 in local match which was present in the Project on Aging’s current budget. The additional funds were divided equally between the In-Home Aide I, In-Home Aide II, Congregate Meals, and Home Delivered Meals programs with $2,483 allocated to each.
Ms. Boitnotte stated that state allocations were also adjusted, reducing the Part D Health Promotion budget line by $99 and the Medication Management budget line by $10. The reduction resulted in a $13 decrease in local match for these funds.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the additional Home and Community Care Block Grant Funds as well as the budget amendments as presented.
VOTE: Aye-5
Nay-0
DOT Secondary Road Addition Request
Mr. Joe Furman presented a proposed resolution requesting an addition to the State Maintained Secondary Road System by extending Silverleaf Road 488 feet. Mr. Furman stated that Board action was required to adopt the enclosed resolution and forward it to the Department of Transportation for consideration of adding this road to the state maintained secondary roads system.
Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of November 2011. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Byrd presented the following Refunds and Releases for November 2011 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the Refunds and Releases Report for November 2011, as presented.
VOTE: Aye-5
Nay-0
Finance Matters
A. Presentation of Smoky Mountain Center’s Quarterly Financial Report
Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center Quarterly Report as required by State Statute.
This report was given for information only and, therefore, no action was required.
B. Proposed Contract for Inmate Catastrophic Insurance
Ms. Pierce presented a proposed contract renewal with Insurance Management Consultants, Inc. for catastrophic insurance for medical claims related to inmate care. The renewal included an increase in the amount of $752 for a total annual premium of $32,729. Adequate funds were available in the jail budget to cover the renewal increase.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the contract renewal with Insurance Management Consultants, Inc., contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
C. Proposed Resolution to Adopt 125 Cafeteria Plan
Ms. Pierce presented a proposed resolution to adopt a Section 125 Cafeteria Plan which was prepared by the County Attorney. Due to upcoming changes in the County’s employee health insurance plan, it was necessary, per IRS regulations, to adopt the plan which provided the County flexibility and allowed pre-tax payroll deductions to employee’s Health Savings Accounts (HSA).
Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the resolution and Section 125 Cafeteria Plan as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Proposed Engineering Services for Roof Damage at Watauga High School
County Manager Geouque stated that the engineer for the County’s insurance company conducted an initial review of the roof damage and recommended areas where the County may wish to have further analysis done to ensure the integrity of the roof. A proposed contract with Stafford Consulting Engineers was presented for consideration in an amount not to exceed $10,000 unless it was determined that further analysis was warranted on the Watauga High School roof. The County Manager presented a proposed resolution which would exempt the Watauga High School Roof Project from the qualification-based process based on G. S. 143-64.32 under the provisions of Article 143. Also, as part of the analysis, it was necessary to hire LaFave Construction to assist the engineer by providing an 80-foot boom and personnel to access the roof in order for the engineers to evaluate existing roof conditions which may involve removing and reinstalling roof panels. Funds were available in the professional services line for the High School project, which has not officially been closed-out, to cover the expenses of these proposals.
The County Attorney stated that the Stafford Consulting Engineers contract needed to be re-written; however, he could do so quickly.
Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the resolution exempting the Watauga High School Roof Project from the qualifications-based process; approve the contract with Stafford Consulting Engineers in an amount not to exceed $10,000 and contingent upon the County Attorney’s review; and approve the contract with Lafave Construction, in the amount of $4,892, to assist Stafford Engineering, also contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Boards & Commissions
County Manager Geouque stated that the term of Jamey Hodges, at-large member of the Watauga County Planning Board, was to expire in December. He was willing to continue to serve if so reappointed. The Watauga County Planning Board consisted of seven (7) members. Each Commissioner appointed a member residing in and representing their voting district with the two (2) additional members being appointed at-large and serving four-year terms.
The County Manager presented an application received from Michael Potter who expressed interest in serving on the Economic Development Commission, Juvenile Crime Prevention Council (JCPC) and the Watauga County Planning Board, listed in order of preference.
Commissioner Deal, seconded by Commissioner Blust, moved to reappoint Jamey Hodges as an at-large member of the Watauga County Planning Board.
VOTE: Aye-5
Nay-0
As all seats were currently filled on the Economic Development Commission, Commissioner Deal, seconded by Commissioner Blust, moved to waive the second reading and appoint Michael Potter as a Commissioner-appointed member of the Juvenile Crime Prevention Council.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that the terms of the Recreation Commission members representing the Hardin Park, Parkway, Green Valley, and Valle Crucis elementary school districts were set to expire in December. Principal Mary Smalling nominated Brittany Bolick for appointment as the representative for the Hardin Park School district; Principal Tamara Stamey nominated Gene Swift for reappointment as the representative for the Parkway School district; and Principal Martha Clark nominated Caroline Carney for appointment as the representative for the Valle Crucis district.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to reappoint Gene Swift and appoint Brittany Bolick and Caroline Carney to the Watauga County Recreation Commission.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that the Watauga County Library Board recommended the reappointment of George Bard as the Watauga County representative on the Appalachian Regional Library Board with the term to expire in 2015.
Commissioner Futrelle, seconded by Commissioner Deal, moved to waive the second reading and reappoint George Bard as the Watauga County representative on the Appalachian Regional Library Board with his term set to expire in August 2015.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced that the Clerk of Court, Register of Deeds, and Tax Offices’ Annual Christmas Celebration was scheduled for Friday, December 9, 2011, from 11:00 A.M. until 2:00 P.M.
The County Manager announced that the Annual County Christmas Luncheon was scheduled on Tuesday, December 13, 2011, from 12:00 to 2:00 P.M.
The County Manager announced that the Board of Commissioners next regular meeting would be held as scheduled on December 20, 2011, at 5:00 P.M. with the new regular meeting schedule to take effect in January.
The County Manager announced that the first regular meeting of the Board scheduled in January had been cancelled due to the holiday schedule. Therefore, the only regularly scheduled meeting of the Board of Commissioners in January would be on the 17th at 5:30 P.M.
The County Manager announced that the National Association of Counties’ (NACo) 2012 Annual Legislative Conference had been scheduled for March 3-7, 2012, in Washington DC.
There was no public comment.
Closed Session
At 9:24 A.M., Commissioner Deal, seconded by Commissioner Futrelle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Blust, moved to resume the open meeting at 9:52 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Chairman Miller adjourned the meeting at 9:52 A.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board