MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 20, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 20, 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 [arrived at 5:40 P.M. due to out-of-town travel]
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 5:30 P.M.
Commissioner Blust 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 March 5, 2012, special meeting and March 6, 2012, regular and closed session minutes.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
County Manager Geouque requested that the March 6, 2012, regular meeting minutes include an amendment to the motion under Bid Award Request for Aquatic Center Repairs as follows (additions in red bold and deletions in strikethrough):
“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 $50,300 $50,700 and 33 days of pool closure.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)”
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the March 6, 2012, regular meeting minutes as amended.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the March 6, 2012, closed session minutes as presented.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the March 20, 2012, agenda.
County Manager Geouque requested to add possible action after the scheduled closed session.
Commissioner Futrelle, seconded by Vice-Chairman Miller, moved to approve the March 20, 2012, agenda as amended.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Sheriff’s Office Matters
A. Award Request for Retiring Officer
Captain Kelly Redmon stated that Sergeant Richard Aldridge was retiring April 1, 2012, and the Sheriff’s Office wished to award his respective side arm and badge to Officer Aldridge upon his retirement and requested that the Board set the price of the side arm at $1. Per G. S. 20-187.2, governing bodies of a law enforcement agency may award a retiring member his/her service side arm, upon request, at a price determined by the governing body. Captain Redmon stated that Sergeant Aldridge would be required to purchase a permit prior to purchasing the side arm.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to award Sergeant Richard Aldridge, upon retirement, his respective badge and side arm, at a set price of $1.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
B. Request for Declaration of Surplus and Sale – WCSO K-9
Captain Redmon requested to declare a K-9 (police dog), referenced as “Chesska,” as surplus and sell the dog to its handler, Wes Hawkins, for a fee of $1.00. Captain Redmon stated that, due to the dog’s age and health issues, it was no longer of use to the Sheriff’s Office. G. S. 160A-266 allowed for the dog to be sold for a negotiated price upon adoption of such a resolution and after being advertised for ten days. Chairman Miller stated that, as the dog was a trained K-9, it therefore needed to be with someone who knew how to handle it.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to adopt the resolution declaring the K-9 surplus and to direct to staff to follow through with the sale of “Chesska” to Wes Hawkins per G. S. 160A-266 as recommended by Captain Redmon.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Board of Education Request for Lottery Funds
Watauga County School’s Finance Director, Ms. Ly Marze, requested approval of the following State funding applications:
Public School Building Capital Fund/North Carolina Education Lottery:
· Metal roof installation at Cove Creek Elementary School, in the amount of $880,000, with an estimated project beginning date of April 2012, and completion date of November 2012.
· Basement renovation at Valle Crucis Elementary School, in the amount of $35,000, with an estimated project beginning date of June 2012, and completion date of August 2012.
Public School Building Capital Fund/ADM (Corporate Tax) Fund:
· Renovation of center building flat roof at Hardin Park Elementary School, in the amount of $85,000, with an estimated project beginning date of June 2012, and completion date of August 2012.
· Renovation of middle school wing flat roof at Parkway Elementary School, in the amount of $52,000, with an estimated project beginning date of June 2012, and completion date of August 2012.
The total amount requested for the four projects was $1,052,000. The proposed projects were discussed at the recent annual retreat and the School Board had requested a $100,000 match from the County for two of the proposals. Ms. Marze stated that the School Board now planned to use their fund balance to pay the local match and, therefore, no funds were being requested from the County.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the Board of Education’s four state funding applications as presented by Ms. Marze.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Soil and Water Conservation District Matters
A. Proposed Memorandum of Understanding (MOU) Transferring the Division of Soil and Water Conservation to the Department of Agriculture and Consumer Sciences from the Department of Environment and Natural Resources (DENR)
County Manager Geouque stated that, due to recent legislative changes, the Division of Soil and Water Conservation had been moved from the Department of Environment and Natural Resources (DENR) to the Department of Agriculture and Consumer Sciences. The proposed amendment required the Memorandum of Understanding to reflect the new reporting change.
County Attorney Eggers stated that the new Memorandum of Understanding was consistent with the previous one.
Commissioner Futrelle, seconded by Commissioner Blust, moved to adopt the Memorandum of Understanding transferring the Division of Soil and Water Conservation to the Department of Agriculture and Consumer Sciences as presented by the County Manager.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
B. Proposed Use of Bill Edmisten Memorial Fund
County Manager Geouque stated that in January of 2003, a memorial fund honoring Mr. Bill Edmisten was established to be used to further farmland preservation and was to be administered by the Watauga County Farmland Preservation Advisory Board. The Advisory Board has requested the memorial funds be used for Watauga County students to attend workshops and training sessions related to natural resources and other relevant courses.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to allow funds from the Bill Edmisten Memorial to be used for Watauga students to attend workshop and training sessions related to natural resources.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
[Clerk’s Note: Commissioner Deal arrived at 5:40 P.M.]
Finance Matters
A. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
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663740-381000 |
Sale of Recycled Scrap |
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$15,000 |
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667420-433100 |
Utilities-Electricity |
$15,000 |
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The amendment recognized additional revenue from the sale of recycled scrap and additional expenditures for electricity in the Solid Waste Fund. Additional expenditures are due to the delay in the Gas to Energy Project reaching its full capacity from the original projected date of the fall of 2011. |
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[Clerk’s Note: The above Account # was misquoted as presented at the meeting; however, the correct # is in bold as shown above.] |
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Account # |
Description |
Debit |
Credit |
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143531-323000 |
Administrative Cost Reimbursements |
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$7,500 |
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145310-469101 |
DSS Professional Services – Legal Fees |
$7,500 |
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The amendment recognized additional state reimbursement for legal fees. |
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Account # |
Description |
Debit |
Credit |
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143531-323000 |
Administrative Cost Reimbursements |
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$19,000 |
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145410-440002 |
Low Income Home Energy Assistance |
$19,000 |
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The amendment recognized an increase in funding allocations from the state for energy program funds. |
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Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. 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.
No action was required, nor taken.
C. Presentation of Smoky Mountain Center’s Audited Fiscal Monitoring Report
Ms. Pierce presented the financial monitoring reports for Smoky Mountain Center for the fiscal year ending June 30, 2011, as required by General Statute.
No action was required, nor taken.
Top ‘O Boone Road Maintenance Request
Mr. Joe Furman, Planning and Inspections Director, stated that Mr. Rowe with the Top O’ Boone subdivision could not be present to present this request due to a prior commitment. Mr. Furman stated that the County-owned property within the subdivision on which two emergency communications towers, requiring occasional access, were located. Top O’ Boone has provided a proposal requesting each lot owner pay a one-time $100 fee for gate construction in addition to a $50 annual road maintenance fee. Likewise, homeowners have been requested to pay a one-time $200 fee for gate construction in addition to a $150 annual road maintenance fee. The subdivision has requested the County contribute the one-time fee of $250 and $150 each year thereafter for road maintenance due to the location of the communication towers. Mr. Furman stated that he was not advocating on behalf of the subdivision. In the past, the County had maintained and used Fire Tower Road to access the tower; however Fire Tower Road was not currently passable and had been costly to the County over the years to maintain. Mr. Furman stated that the $150 annual road maintenance fee was a small amount to spend to ensure well-maintained access to the towers.
County Attorney Eggers stated that the County was responsible for dues for property owned within a subdivision unless it was a tax foreclosed property; however, the Top ‘O Boone did not have legal authority to lock the County out of the subdivision.
Top O’ Boone will be required to meet the standards set forth in the recently adopted Watauga County Gated Community Ordinance in relations to gate installation.
Commissioner Deal, seconded by Commissioner Futrelle, moved to authorize a one-time allocation of $200 to Top O’ Boone for gate installation and to authorize a one-time payment of $150 to Top O’ Boone for the road maintenance fee for Fiscal Year 2012.
VOTE: Aye-3(Blust, Deal, Futrelle)
Nay-2(Miller, Gable)
[Clerk’s Note: The public hearing was held after Miscellaneous Administrative Matters in order to comply with the advertised time of 6:00 P.M.]
Miscellaneous Administrative Matters
A. Proposed Proclamation Declaring May 14-19, 2012, as Community Pride Week
County Manager Geouque presented a proposed proclamation declaring the week of May 14-19, 2012, as Community Pride Week in Watauga County. The County Manager stated that this event was conducted annually by Sanitation staff and has proved to be very popular with the County's citizens.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
B. Proposed State Highway Patrol Lease Renewal
County Manager Geouque stated that the current lease for office space at the Law Enforcement with the North Carolina Highway Patrol was set to expire April 1, 2012. The requested renewal was in the amount of $12.49 per square foot and for a term of five years. The space requested was 365 square feet.
County Attorney Eggers stated that the lease presented by the State was a standard agreement.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the lease renewal with the North Carolina Highway Patrol for 365 square feet of office space at $12.49 per square foot for a five-year term.
VOTE: Aye-5
Nay-0
C. Public Hearing Request to Allow Citizen Comment on Proposed Refinancing for the New High School
County Manager Geouque stated that a public hearing was required to allow citizen comment on the refinancing of debt for the new high school and, therefore, requested the Board set the public hearing for April 17, 2012, at 6:00 PM. A proposed resolution authorizing the financing and other relevant matters pertaining to the financing was to be presented to the Board for consideration after the public hearing was closed.
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to schedule a public hearing to allow citizen comment on the proposed refinancing of debt for the new high school on April 17, 2012, at 6:00 P.M.
VOTE: Aye-5
Nay-0
D. Proposal for Lease of Parking Spaces at the Old High School
County Manager Geouque state that The Art of Living Foundation International Center for Meditation and Well Being had a grand inauguration of its new facility planned for June 29, 2012. The Center requested to lease the old high school parking lot for $300 a day beginning on June 28th and ending the morning of July 4th for a total amount of $1,800 as it offered viable off-site parking due to its proximity to the Center. The Center proposed that their members/volunteers would be at the lot the afternoon and into the evening of June 28th and again on Wednesday, July 4th as vehicles were entering and exiting. The gates were to be closed during the rental days between June 28th and the morning of July 4th.
County Attorney Eggers stated that the old high school building would need to be posted and access restricted to cover liability issues.
County Manager Geouque added that the County should not be liable for any damage to vehicles during the term of the lease.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to direct the County Attorney to draft a lease with The Art of Living Foundation International Center for Meditation and Well Being from June 28, 2012, through July 4, 2012, in the amount of $300 per day with the responsibility for all liability on The Art of Living Foundation International Center for Meditation and Well Being.
VOTE: Aye-5
Nay-0
E. Boards and Commissions
County Manager Geouque stated that, during their regular Town Council meeting held on February 14, the Blowing Rock Town Council recommended Ms. Brenda Fairbetter to serve as the ETJ member of their Planning Board and Mr. Terry Story to serve as the ETJ member of their Board of Adjustment. Ms. Anita Fogle, Clerk to the Board, stated that the Blowing Rock Town Clerk had requested a blank volunteer application to distribute to Ms. Fairbetter and Mr. Story; however, the completed applications had not been returned to date.
By consensus, the Blowing Rock ETJ appointments were tabled to allow time for receipt and review of volunteer application forms from Ms. Fairbetter and Mr. Story.
County Manager Geouque stated, that at their February 2012 meeting, the AppalCART Advisory Board recommended the following slate of officers be officially appointed 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).
Commissioner Deal, seconded by Commissioner Blust, moved to appoint 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) to the AppalCART Advisory Board.
VOTE: Aye-5
Nay-0
County Manager Geouque made the following announcements:
· The North Carolina Association of County Commissioners’ (NCACC) District Meeting is scheduled for April 12, 2012, at the Holiday Inn Express in Wilkesboro. Tentative meeting times are 5:30 P.M. to 8:00 P.M.
· Aaron’s of Boone wishes to host a “Council Night” to allow the Boone Town Council and the Watauga County Board of Commissioners to become acquainted with Aaron’s Sales and Lease and see first-hand the services they provide to the community. Tentative dates suggested are: April 3rd @ 7:00 P.M., April 4th @ 5:00 P.M., April 13th @ 7:00 P.M., and April 14th @ 7:00 P.M.
By consensus, the Board agreed to direct staff to offer appreciation to Aaron’s of Boone for the invitation and to let the Town of Boone choose the date.
· 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.
· 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.
· At the last Board meeting, the date of April 23, 2012, from 12:00 noon to 1:30 P.M. was selected to tour the new Watauga Humane Society facility which was recently constructed through a partnership with the County. Humane Society staff was not available on that date and have suggested the dates of April 27th or 28th to conduct the tour.
By consensus, the Board agreed to schedule the tour for Friday, April 27, 2012.
· Appalachian State would like to invite the Commissioners, School Board members, and Town Council members, to campus on May 7, 2012, from 9:00 A.M. to 2:00 P.M. The purpose of the meeting would be to provide an update on major activities taking place on campus such as construction projects, strategic priorities, 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.
Public Hearing to Allow Citizen Comment on a Proposed Community Development Block Grant (CDBG) Small Cities Catalyst Program Application on Behalf of the Hospitality House
A public hearing was scheduled to allow public comment on the County’s potential application for $250,000 through the Community Development Block Grant Small Cities Catalyst Program on behalf of the Hospitality House for the purchase of property adjacent to their Rock Haven Facility as presented to the Board at their March 6, 2012, regular meeting.
Chairman Miller opened the public hearing at 6:01 P.M. to allow citizen comment on the proposed Community Development Block Grant (CDBG) Small Cities Catalyst Program application on behalf of the Hospitality House.
There being no public comment, Vice-Chairman Gable, seconded by Commissioner Deal, moved to declare the public hearing closed at 6:02 P.M.
No action was required at this time as an additional public hearing was scheduled for April 17, 2012, as required by the grant program.
Public Comment
There was no public comment.
Closed Session
At 6:03 P.M., Commissioner Deal, seconded by Commissioner Blust, 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 Chairman Miller, moved to resume the open meeting at 7:24 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
As Womble Carlyle Sandridge and Rice, LLP had represented the County in past matters, a proposed Waiver of Conflict was requested for execution to allow the Firm to represent BB&T in the County’s current refinancing of the new high school. The Firm’s previous representation to Watauga County was not related to the current refinancing.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to execute a Waiver of Conflict allowing Womble Carlyle Sandridge and Rice, LLP to represent BB&T during the current refinancing of the new high school loans.
VOTE: Aye-5
Nay-0
Adjourn
Chairman Miller adjourned the meeting at 7:25 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board