MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 21, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 21, 2012, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan A. Miller, Chairman
Vince Gable, Vice-Chairman
David Blust, Commissioner
Jim Deal, Commissioner
Tim Futrelle, 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 5:31 P.M.
Chairman Miller opened the meeting with a prayer and Vice-Chairman Gable led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the February 7, 2012, regular and closed session minutes.
Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the February 7, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Blust, moved to approve the February 7, 2012, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the February 21, 2012, agenda.
County Manager Geouque requested to add a Mediation and Restorative Justice Center Grant Application Request and a Closed Session for Attorney/Client matters, per G. S. 143-318.11(a)(3).
Commissioner Deal, seconded by Commissioner Blust, moved to approve the February 21, 2012, agenda as amended.
VOTE: Aye-5
Nay-0
Mediation and Restorative Justice Center Grant Application Request
Ms. Melissa Johnson, Executive Director of the Mediation and Restorative Justice Center, requested authorization to apply for a pass-through grant from the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. The amount was $128,000, $64,000 per year over a two-year term, and would allow Watauga County Drug Treatment Court to serve additional participants as well as enhance current services to be more comprehensive and effective. The Center planned to request funding from associated local agencies and utilize the County’s bottle tax funds, if approved by the Board, for the required 25% match. If awarded, the grant funding would also replace operational funding currently received from Watauga County.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to authorize the submission of the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, pass-through grant, contingent upon review by the County Attorney and Chairman Miller.
VOTE: Aye-5
Nay-0
Ms. Marisa Cornell with the Drug Treatment Court updated the Board on the program by reporting that the Court had held graduation for seven of its participants since July 2011.
Proposed Contract with Trail Dynamics for Construction of a Bike Skills Area at Rocky Knob Park
County Manager Geouque stated that, at the
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the contract as prepared by the County Attorney and presented by the County Manager.
VOTE: Aye-5
Nay-0
Sanitation Department Recycling Center’s Grant Application Request for Purchase of Forklift
Ms. Lisa Doty, Recycling Manager, requested authorization to apply for a grant from the North Carolina Department of Environment and Natural Resources with the funding, if awarded, to be used for the purchase a new forklift to replace the 1991 model currently in use with the County’s recycling effort.
An initial quote of $34,051 was received for a new forklift; however, if the Board authorized the grant application, staff planned to solicit additional bids. Based on the initial quote, the County’s match would be $5,675.16. Ms. Doty announced that the County should receive approximately $4,000 in additional revenue from electronic recycling efforts and the current forklift would be recommended for surplus and auction through GovDeals.com. Additional funds needed for the match could be allocated from the solid waste enterprise fund.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to authorize the submission of the grant application to the North Carolina Department of Environment and Natural Resources for the purchase of a new forklift for the Sanitation Department’s recycling efforts.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
|
103300-345000 |
Elderly/Disabled Transportation Grant |
$4,000 |
|
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105550-431301 |
Elderly/Disabled Trans. Grant – Project on Aging |
$2,500 |
|
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104500-469846 |
Elderly/Disabled Trans. Grant – Watauga Opportunities |
|
$5,000 |
|
104500-469845 |
Eld./Dis. Trans. Grant – New River Behavioral Healthcare |
|
$1,500 |
|
143300-345000 |
Elderly/Disabled Transportation Grant |
|
$4,000 |
|
145310-469845 |
Elderly/Disabled Trans. Grant – Dept. of Social Services |
$4,000 |
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The amendment was based on spending within programs for the first seven months. The ROAP grant recipients have requested funding to POA and DSS to allow services to continue at reduced levels. |
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Account # |
Description |
Debit |
Credit |
|
103300-349602 |
Rural Center EDC Grant |
|
$44,843 |
|
104920-463002 |
EDC Jobs Creation Grant |
$44,843 |
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The amendment recognized the grant with the NC Rural Center Economic Development Program for Building Reuse and Restoration as approved at the December 20, 2011, Board meeting. The local match for this grant will be provided by the Economic Development Director’s administrative time. |
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Account # |
Description |
Debit |
Credit |
|
143839-389000 |
Administrative Cost Reimbursements |
|
$101,416 |
|
145480-438800 |
Crisis Intervention Payment |
$81,515 |
|
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145410-440002 |
Low Income Home Energy Assistance |
$19,901 |
|
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The amendment recognized changes in funding allocations from the State for two energy programs and administrative funds. |
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Account # |
Description |
Debit |
Credit |
|
283102-312110 |
Tax Revenue Deep Gap Fire District |
|
$16,900 |
|
284340-469910 |
Deep Gap Fire District |
$16,900 |
|
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283102-312109 |
Tax Revenue Meat Camp Fire District |
|
$16,000 |
|
284340-469909 |
Meat Camp Fire District |
$16,000 |
|
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283102-312108 |
Tax Revenue Shawneehaw Fire District |
|
$5,600 |
|
284340-469908 |
Shawneehaw Fire District |
$5,600 |
|
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283102-312107 |
Tax Revenue Cove Creek Fire District |
|
$9,200 |
|
284340-469907 |
Cove Creek Fire District |
$9,200 |
|
|
283102-312106 |
Tax Revenue Zionville Fire District |
|
$3,300 |
|
284340-469906 |
Zionville Fire District |
$3,300 |
|
|
283102-312105 |
Tax Revenue Stewart Simmons Fire District |
|
$11,500 |
|
284340-469905 |
Stewart Simmons Fire District |
$11,500 |
|
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283102-312104 |
Tax Revenue Beaver Dam Fire District |
|
$3,000 |
|
284340-469904 |
Beaver Dam Fire District |
$3,000 |
|
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283102-312101 |
Tax Revenue Foscoe Fire District |
|
$12,000 |
|
284340-469901 |
Foscoe Fire District |
$12,000 |
|
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243102-312101 |
Tax Revenue Foscoe Service District |
|
$3,700 |
|
244340-469901 |
Foscoe Service District |
$3,700 |
|
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243102-312105 |
Tax Revenue Beech Mountain Service District |
|
$400 |
|
244340-469998 |
Beech Mountain Service District |
$400 |
|
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243102-312107 |
Tax Revenue Cove Creek Service District |
|
$10 |
|
244340-469907 |
Cove Creek Service District |
$10 |
|
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243102-312100 |
Tax Revenue Boone Rural Fire District |
|
$41,200 |
|
244340-469905 |
Boone Rural Fire District |
$41,200 |
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The amendment recognized additional fire tax district revenues and payments due to fire departments. |
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Account # |
Description |
Debit |
Credit |
|
103300-343314 |
Hazardous Materials (HazMat) Training Grant |
|
$5,000 |
|
104330-449902 |
Hazardous Materials (HazMat) Exercise Grant |
$5,000 |
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The amendment recognized a grant from the NC Emergency Response Commission for Hazardous Materials Emergency Planning. There was no County match for this grant which was accepted at the February 7, 2012, Board meeting. |
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Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. USDA’s Proposed Lease Request for the Location of the Watauga/Avery County Service Center
County Manager Geouque stated that, at the January 17, 2012, Board meeting, approval was given to renew the United States Department of Agriculture (USDA) lease for office space at the existing rate of $10.00 per square foot for a ten (10) year term. Upon additional conversations with USDA personnel, at both the state and federal levels, the proposal originally sent to the County did not allow for a simple renewal but rather required the County to submit a “Request for Lease Proposal” as if it were a new lease. As such, the new lease included requirements for improvements and services, at the County’s expense, that were not included as part of the initial lease agreement.
The previous lease did not cover the County’s cost for utilities, maintenance and janitorial services. Based on the new lease, the County will request reimbursement for the office space and services as provided to the USDA. Also, the actual space as currently leased is 2,200 square feet, not the 1,718 square foot figure referenced at the January meeting. The square footage may change, however, depending on USDA’s measurement and calculation, which could reduce the lease amount. The current market rate, not including utilities and maintenance services, was $10 to $16 per square foot.
The County Manager stated that staff recommended the submission of a “Request for Lease Proposal” to the USDA in the amount of $18.47 per square foot, for an annual amount of $40,624, based upon office space, utilities, maintenance services, and improvements as required by the USDA. This amount would allow the County to “break even” regarding costs associated with the lease.
Commissioner Deal, seconded by Commissioner Blust, moved to authorize the submission of the Request for Lease Proposal to the USDA in the amount of $18.47 per square foot for the space currently leased as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Proposed Resolution Authorizing Conveyance of Surplus Property by Donation
County Manager Geouque stated that, at the January 17, 2012, Board meeting, direction was given to staff to advertise the conveyance of surplus property, by donation, to the Boone Optimist Club, a local non-profit organization. The advertisement has taken place and, therefore, adoption of a resolution authorizing the donation of the home side bleachers at the old Watauga High School to Boone Optimist Club was required to complete the process.
Commissioner Deal, seconded by Commissioner Blust, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque shared the following announcements:
· The Annual Pre-Budget Retreat is scheduled for Friday, February 24 (12:00 P.M. to 6:00 P.M.) & Saturday, February 25, 2012, (9:00 A.M. to 12:00 P.M.) in the Commissioners’ Board Room.
· The Watauga Drug Treatment Court Team invites Board members to observe a session of Drug Treatment Court on Wednesday, February 29, 2012, at 3:30 P.M. in the small courtroom.
· An Intergovernmental Retreat is scheduled for Monday, March 5, 2012, from 5:00 P.M. to 7:00 P.M., on the 5th floor of the ASU Athletics Center, overlooking the stadium. The meeting will include a presentation on local government finance from Ms. Madeleine Henley with North Carolina League of Municipalities (NCLM).
· The 2012 Watauga County Economic Development Summit is scheduled for Wednesday, March 7, 2012, from 1:00 to 5:00 P.M. at the Blowing Rock Art and History Museum in Downtown Blowing Rock.
· An Incident Command System (ICS) Overview for Executives/Senior Officials training is scheduled on March 28, 2012, from 4:00 P.M. to 6:00 P.M. in the Commissioners’ Board Room.
· The Board is invited to attend the Cooperative Extension’s Annual “Report to the People” luncheon which is scheduled for Tuesday, March 6, 2012, at the Watauga County Agricultural Conference Center at 11:45 A.M. After enjoying a “local lunch,” a presentation on Watauga Extension’s highlights, accomplishments, and future goals will be given.
· The Appalachian District Health Department invites the Board to attend a pre-event and event on Thursday, March 22, 2012, featuring a presentation regarding aerobic exercise and its relationship to the brain. The event is sponsored through the “Communities Putting Prevention to Work” grant.
· The Humane Society has requested the Board set a date to tour their new facilities as recently constructed through a partnership with the County. The County Manager requested the Board review their calendars and submit potential dates for a tour.
Public Comment
There was no public comment.
Closed Session
At 5:55 P.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 Blust, seconded by Commissioner Deal, moved to resume the open meeting at 6:03 P.M.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on the Proposed Watauga County Gated Community Ordinance
Vice-Chairman Gable, seconded by Commissioner Deal, moved to open the public hearing at 6:05 P.M. to allow citizen comment on the proposed Watauga County Gated Community Ordinance.
Chairman Miller called upon Vice-Chairman Gable to review the events that led to the development of the proposed ordinance. Vice-Chairman Gable stated that the Fire Commission had requested a policy be established detailing rules and standards for the installation of electronic access gates for gated communities.
In response to questions from the Board, Fire Commission Chairman Ronnie Marsh stated that the Ordinance, if adopted, would not affect gates currently installed unless they were significantly changed and/or a different device was added to them. Mr. Marsh stated that additional costs that would be incurred by a community to meet ordinance standards would be less than $1,000 turnkey. Mr. Marsh also stated that, in the case of a power outage, the gates would automatically open, and remain open, until the power was restored, at which time the gate device would automatically close again.
Commissioner Deal requested, for clarity purposes, that Section 100.08 read that in the event that a Property Owners’ Association (POA) existed, then the POA would be subject to fines, if found in violation of the ordinance, as opposed to the individual property owners of the community.
There being no public comment, Vice-Chairman Gable, seconded by Commissioner Blust, moved to declare the public hearing closed at 6:16 P.M.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to adopt the Watauga County Gated Community Ordinance as amended in Section 100.08.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adjourn the meeting at 6:17 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board