MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 6, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 6, 2012, at 8:00 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan A. Miller, Chairman
Vince Gable, Vice-Chairman
Jim Deal, Commissioner
Tim Futrelle, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Commissioner Blust was not in attendance due to a prior commitment.]
Chairman Miller called the meeting to order at 8:01 A.M.
Commissioner Deal 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 21, 2012, regular and closed session minutes, and the February 24 & 25, 2012, special meeting minutes.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the February 21, 2012, regular meeting minutes as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
The Chairman tabled consideration of the February 21, 2012, closed session minutes until after closed session to allow for the review of proposed amendments.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the February 24 & 25, 2012, special meeting minutes as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the March 6, 2012, agenda.
County Manager Geouque requested to add the following: Blue Ridge Electric Membership Corporation (BREMCO) Utility Easement Request, prior to Item # 4, and Proposed Resolution for Negotiated Underwriting and Rate Modification for the New High School Loans, under Miscellaneous Administrative Matters.
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the March 6, 2012, agenda as amended.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Blue Ridge Electric Membership Corporation (BREMCO) Utility Easement Request
Mr. Kent Landholm with Blue Ridge Electric Membership Corporation (BREMCO) requested approval of a utility easement on County-owned property at the new high school location. Mr. Landholm stated that the easement would allow for the installation of utilities for an internet network for the new high school provided by the State. The new network offered a much higher capacity of service than was currently being used. Mr. Landholm stated that all lines would be underground and would enter an already installed vault system off Old East King Street and then connect to the current conduit at the school.
Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the easement for Blue Ridge Electric Membership Corporation for underground utilities to the new high school.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Sheriff’s Office Out-of-State Travel Request
Captain Dee Dee Rominger with the Watauga County Sheriff’s Office requested permission for Detective Adam Lentz to attend, and drive a County vehicle to, a Child Forensic Interview Training in Huntsville, Alabama. Per the Watauga County Personnel Ordinance, Board approval was required for all out-of-state travel.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the out-of-state travel request as presented by Captain Rominger.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Hospitality House Request to Apply for Funding Opportunity through the Community Development Block Grant (CDBG) Small Cities Catalyst Program
Ms. Lynne Mason, Executive Director of Hospitality House, requested the Board apply for a $250,000 grant through the Community Development Block Grant Small Cities Catalyst Program on behalf of Hospitality House. Ms. Mason stated that a house located next to Hospitality House’s family-oriented shelter, Rock Haven, was available for sale. The house and the Rock Haven facility currently share a well and a septic system. Ms. Mason shared that Rock Haven was currently serving several families and, being next door to one of their existing facilities, the purchase of the property for sale was an excellent opportunity to expand those services. Hospitality House had the funding to cover operational costs; however, the grant was needed to acquire the property.
Mr. Joe Furman, Watauga County Planning and Inspections Director, stated that the County would be the applicant, recipient, and administrator of the grant, if awarded. Mr. Furman also reported that two public hearings were required prior to submission of the grant application and requested those public hearings be scheduled for March 20, and April 17, 2012. Ms. Mason stated that Mr. Furman’s administrative time would be reimbursed by the Hospitality House.
Commissioner Deal, seconded by Chairman Miller, moved to schedule a public hearing on March 20, 2012, at 6:00 P.M. and a second public hearing on April 17, 2012, at 6:00 P.M. to allow citizen comment on the grant application and to authorize the Planning and Inspections Department to apply for the Community Development Block Grant Small Cities Catalyst Program grant on behalf of Hospitality House for the purchase of the property located adjacent to their Rock Haven facility.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Bid Award Request for Aquatic Center Repairs
Mr. Robert Marsh presented the following bids for the repair of the County’s aquatic center:
|
Name |
Pool Closure |
Admin Contract |
Total Contract Time Bid |
Base Bid |
Unit Price 1 |
Unit Price 2 |
Alternate 1 |
|
Boone Const. Co., Inc. Boone, NC |
5 Weeks |
5 Weeks |
10 Weeks |
$59,955.00 |
$150.00 |
$200.00 |
No Change |
|
Greene Construction, Inc. Boone NC |
42 Days |
49 Days |
91 Days |
$71,760.00 |
$136.00 each |
$169.00 each |
$3,000.00 |
|
Statesville Building & Roofing Renovation Statesville NC |
21 Calendar Days |
39 Calendar Days |
60 Calendar Days |
$99,915.00 |
$34.00 |
$175.00 |
$10,000.00 |
|
Houck Contracting, LLC Hickory NC |
17 Days |
50 Days |
67 Days |
$93,200.00 |
$180.00 |
$625.00 |
$3,000.00 |
|
LaFaves Construction, Inc. Landis, NC |
49 Days |
30 Days |
79 Days |
$66,450.00 |
$105.00 |
$800.00 |
$375.00 |
|
Dallas Lawrence Const. Boone NC |
21 Days |
30 Days |
51 Days |
$52,843.22 |
$49.88 |
$676.85 |
$280.33 |
|
Hickory Const. Co., Inc. Hickory NC |
30 Days |
45 Days |
75 Days |
$91,200.00 |
$125.00 |
$1,000.00 |
$4,000.00 |
|
MBI Builders, LLC North Wilkesboro, NC |
33 Days |
42 Days |
75 Days |
$50,300.00 |
$55.00 |
$280.00 |
$400.00 |
The repairs were deemed necessary as a result of a study conducted by Sutton-Kennerly & Associates that prioritized deficiencies and safety risks with the facility. MBI was the low bidder in the amount of $50,300 with 33 days to complete the project. The contract also contained a bonus provision for early completion. Mr. Marsh, however, recommended the contract be awarded to Dallas Lawrence Construction, the next lowest bidder, in the amount of $52,843.22 due to the bid including only 21 days to complete the project.
County Attorney Eggers stated that both MBI Builders and Dallas Lawrence Construction submitted responsive and responsible bids which included days of completion within the acceptable time specified in the bid documents. Therefore, the Board was bound to either award the bid to the lowest bidder or reject all bids and re-advertise for bids.
Mr. Marsh stated that an engineer would have to conduct a pre-bid meeting prior to re-advertisement and, therefore, re-advertisement would take approximately 30 days and cost over $1,000, including the engineering fees.
Commissioner Deal, Board representative on the Recreation Commission, stated that the Commission had also discussed the bids received and was concerned over the additional days of pool closure associated with the lowest bid.
Vice-Chairman Gable, seconded by Chairman Miller, moved to accept the lowest responsible and responsive bid from MBI Builders, LLC, including Alternate 1 (which allows the pool to remain filled while being repaired), in the total amount of $50,700 and 33 days of pool closure.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Fire Marshal/Emergency Management Matters
A. Proposed Resolution Adopting the 2010 Hazard Mitigation Plan
Mr. Steve Sudderth, Fire Marshal/Emergency Management Coordinator, presented a proposed resolution adopting the Watauga County Hazard Mitigation Plan. The Federal Emergency Management Agency (FEMA) required local jurisdictions to prepare and adopt a hazard mitigation plan. Failure to adopt such a plan precluded the eligibility of flood insurance and FEMA reimbursement for disasters. The plan has been approved by FEMA, State Emergency Management, and the Towns of Beech Mountain, Blowing Rock, Boone, and Seven Devils.
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to adopt the resolution as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
B. Proposed Memorandum of Understanding (MOU) for VIPER Tower Grant for Green Hill
Mr. Sudderth requested the Board accept a grant from the North Carolina Division of Emergency Management as a sub-grantee in the amount of $682,000 for a VIPER tower at the Green Hill site in Blowing Rock. The Highway Patrol would administer the grant; however, a Memorandum of Understanding (MOU) between the County and the State of North Carolina, Department of Public Safety, Division of Emergency Management, and the Highway Patrol was required as part of the grant acceptance. Mr. Sudderth stated that the County would be allowed to attach equipment to the tower if necessary.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to accept the grant award and approve the Memorandum of Understanding as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of February 2012. 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 February 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the Refunds and Releases Report for February 2012, as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
C. Tax Lien Report
Mr. Kelvin Byrd reviewed the Tax Lien Report and requested acceptance of the report listing delinquent tax bills that were liens on real property and authorization to advertise such liens.
Commissioner Deal, seconded by Commissioner Futrelle, moved to accept the Tax Lien Report and authorize the advertisement of liens as reported.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Miscellaneous Administrative Matters
A. Proposed Resolution for Negotiated Underwriting and Rate Modification for the New High School Loans
County Manager Geouque stated that, as discussed at the Annual Pre-Budget Retreat, the opportunity existed for the County to modify a current loan with BB&T for the new high school.
Ms. Margaret Pierce, Finance Director, presented BB&T’s proposal. BB&T was selected for refinancing due to the ability to waive a portion of the prepayment penalty and flexibility in the pay-off date. Potential cost savings to the County would be approximately $2,000,000 to $4,000,000 over the term of the financing agreement. Time was of the essence for the County to realize the potential savings and meet the financing schedule. A future public hearing would be held prior to finalization of the rate modification. Ms. Pierce also recommended the County engage Scott Leo, with Parker Poe, as bond counsel. Ms. Pierce presented a proposed resolution which, upon adoption, would 1) appoint BB&T to serve as the book-running, senior manager for negotiated refunding of the existing high school loan; 2) designate a term of appointment; and 3) establish compensation rates of BB&TCM.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adopt the resolution as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Commissioner Deal, seconded by Commissioner Futrelle, moved to retain Mr. Scott Leo with Parker Poe as bond counsel for the new high school rate modification.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
B. Update on the Mediation and Restorative Justice Center’s Grant Application
County Manager Geouque stated that, at a previous Board meeting, a one-time allocation of $35,000 was made to continue the Watauga Drug Treatment Court program through the Mediation and Restorative Justice Center. At a more recent Board meeting, Ms. Melissa Johnson, Executive Director of the Mediation and Restorative Justice Center, was given authorization to submit a US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA), pass-through grant application, contingent upon review by the County Attorney and Chairman Miller. The total funding amount requested was $128,000 which would provide $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. The Center requested to utilize the County’s ABC tax funds for the required 25% match. If awarded, the grant funding would replace the $35,000 operational funding currently received from Watauga County, therefore alleviating the need to request funding for the next two fiscal years.
The County Manger stated that notification of award for the BJA grant would not be known until August or September and, therefore, the remaining ABC funds, in the amount of approximately $11,690, that were not paid out due to the dissolution of New River Behavioral Healthcare, could be redirected to the Drug Treatment Court program to reduce the initial $35,000 allocation by the County. Also, should the Board wish, the full $18,000 in ABC tax funds could be used as the match for the grant or used to carry out the program at a reduced level through Fiscal Year 2012-13 while awaiting notification of the grant award.
Commissioner Deal, seconded by Commissioner Futrelle, moved to allocate the remaining ABC tax funds, in the approximate amount of $11,690, to the Watauga Drug Treatment Court program reducing the County’s initial contribution from $35,000 to $23,370.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
C. Proposed Emergency Services Director Job Description
As directed by the Board, County Manager Geouque presented a proposed job description for the Emergency Services Director position. The position would be classified as a Grade 19 on the County’s Pay and Classification Plan and have a minimum salary of $49,663, midpoint of $63,320, and maximum of $76,977. The classification would place the position two levels above the Board of Elections Director and Veterans Services Officer and on the same level as the Parks and Recreation and Project on Aging Directors. Commissioner Deal suggested adding to the job description that the position would be an ex-officio member of the Department’s Advisory Board.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the job description with the inclusion that the position was to serve as an ex-officio member of the Department’s Advisory Board and to direct staff to advertise the position.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
D. Boards and Commissions
County Manager Geouque stated that during the regular Blowing Rock Town Council meeting, held on February 14, Ms. Brenda Fairbetter was recommended to serve as the ETJ member of the Blowing Rock Planning Board and Mr. Terry Story was recommended to serve as the ETJ member of the Blowing Rock Board of Adjustments.
Chairman Miller directed staff to request information regarding Ms. Fairbetter and Mr. Story prior to taking action.
County Manager Geouque stated that at their February 2012 meeting, the AppalCART Advisory Board recommended the following slate of officers be officially appointed/reappointed to their Board: Mr. Jerry Moretz (at-large member); Mr. Greg Lovins (ASU representative); Ms. Angie Boitnotte (at-large member); Mr. David Blust (Board of Commissioners representative); Mr. Donald Ray (user representative); Mr. Barry Sauls (ASU representative); Mr. Andy Ball (Town of Boone representative); and Ms. Jeannine Taylor (Human Service Agency representative). Brief discussion was held regarding the issue that the AppalCART Board had sworn in Mr. Andy Ball who had not been officially appointed by the Board of Commissioners to date.
The above are first readings; therefore, no action was required at this time.
County Manager Geouque made the following announcements:
· Charter Communications has changed the day and time that they air the Watauga County Board of Commissioners meetings. The Board meetings will now air on the Fridays, in the week the live meeting was held, at 7:00 P.M.
· Appalachian State invited Commissioners along with School Board members, and Town Council members, to campus on May 7, 2012, from 9:00 A.M. to 2:00 P.M. to provide an update on major activities taking place on campus such as construction projects, strategic priorities, and state funding and its impact on the campus and major initiatives involving the local community. The day would consist of a tour, lunch, and meeting with University officials. They would like for this to become an annual event.
· 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 requests the Board review their calendars and submit potential dates for a tour.
By consensus, the Board agreed to tour the Humane Society facility April 23, 2012, from 12:00 noon until 1:30 P.M.
Public Comment
There was no public comment.
Closed Session
At 9:01 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-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Commissioner Deal, seconded by Vice-Chairman Gable, moved to resume the open meeting at 9:39 A.M.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Action After Closed Session
Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the February 21, 2012, closed session minutes as amended.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Adjourn
Chairman Miller adjourned the meeting at 9:40 A.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board