MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 3, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 3, 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
David Blust, Commissioner
Jim Deal, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Commissioner Futrelle was not in attendance due to unforeseen circumstances.]
Chairman Miller called the meeting to order at 8:02 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 March 20, 2012, regular and closed session minutes.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the March 20, 2012, regular meeting minutes as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Vice-Chairman Gable, seconded by Commissioner Deal, moved to approve the March 20, 2012, closed session minutes as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the April 3, 2012, agenda.
Vice-Chairman Gable requested to add consideration of a resolution in support of the NC Marriage Amendment.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the April 3, 2012, agenda as amended.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Proposed Amendments to the Ambulance Franchise Agreement
Per Commissioner direction from the annual retreat, Mr. Craig Sullivan, Owner of Watauga Medics, presented amendments to the Ambulance Franchise Agreement. The proposed agreement provided updates reflecting changes in technology and training along with Watauga Medics new station location.
The proposed agreement had an effective date of January 1, 2013 through December 31, 2019, which extended the current contract by five years and, therefore, would allow Watauga Medics to enhance their operations by making an investment in new communications technology thereby improving services. In extending the agreement, the County was able to negotiate a one (1) year waiver of the CPI escalator for the first year of the new agreement.
County Attorney Eggers stated that the agreement was similar to the current agreement and was legally appropriate.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the Ambulance Franchise Agreement with Watauga Medics as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
[Clerks Note: North Carolina General Statute 153A-46 requires a grant, renewal, extension, or amendment of any franchise to be passed at two regular meetings of the Board of Commissioners, prior to adoption; therefore, this item will be placed on the April 17, 2012, agenda for consideration as well.]
Maintenance Matters
A. Presentation of Lighting Upgrade Proposal
Mr. Robert Marsh, Maintenance Director, stated that he had received a proposal from 2nd Power, Inc., to upgrade the security lighting in the parking lot of the Human Services Center. Mr. Marsh stated that the parking lot currently contained standard security lights.
Mr. Patrick Morgan, Director of Sales for 2nd Power, Inc., presented the Board with a proposal to convert fifteen lighting fixtures, equating to half of the parking lot, with LED solar powered fixtures at a total cost of $19,995. Advertised as a “no energy consumption” product, the LED lights operate on 1.5 volts of energy, generated by solar energy, and include battery back-up with the capacity to store enough power for approximately nine days of use. Located in the Appalachian Enterprise Center (a part of the Human Services Center), 2nd Power, Inc., would also benefit by having their product displayed in comparison to the current lighting.
County Attorney Eggers stated that the Board may wish to consider requesting an extended warranty. Mr. Jim Stout, Owner of 2nd Power, offered to extend the proposed warranty of five years to ten years.
County Manager Geouque stated that local policy required staff to publish an RFP (Request for Proposal) for a minimum of three bids for items over $15,000 to allow for competitive pricing.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to waive the local policy requiring three bids; approve entering into a contract with 2nd Power, Inc., for the installation of fifteen LED solar powered fixtures at a cost of $19,995, with a ten-year warranty; and allocate funding from the Administrative Contingency budget line.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Recused-1(Miller)
[Clerk’s Note: Chairman Miller recused himself from voting on this matter due to a professional relationship with Mr. Morgan.]
B. Bid Award Request for Paving Repairs
Mr. Marsh stated that bids were solicited for scheduled paving repairs. Proposals were to remove, repair, and patch deteriorating sections of pavement on the east side of the West Annex Building which houses Cooperative Extension. A final two (2) inch asphalt layer was proposed to be placed over the existing lot including the repaired areas. The following bids were received: Moretz Paving, located in Zionville, in the amount of $31,340; Tri-County, located in West Jefferson, in the amount of $37,730; and Champion, located in Boone, in the amount of $46,320. Mr. Marsh recommended the lowest bidder, Moretz Paving, in the amount of $31,340, and stated that adequate funds were budgeted for this planned project.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to award the bid for paving repairs at the West Annex to Moretz Paving in the amount of $31,340.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Proposed Contract Between Department of Social Services and AppalCART
Mr. Jim Atkinson, Director of the Department of Social Services, stated that the North Carolina Department of Health and Human Services, Division of Medical Assistance mandated that all Department of Social Services enter into a written contract with vendors providing non-emergency Medicaid covered services. Mr. Atkinson presented a proposed contract with AppalCART for such transportation services. The negotiated rate of $1.40 per mile is 100% reimbursable through Medicaid. Failure to contract for transportation services would result in the County being out of compliance with Division of Medical Assistance requirements and the loss of funding for transportation services for eligible clients. Mr. Atkinson stated that the contract included requirements as mandated by the Division of Medical Assistance.
County Attorney Eggers stated that the contract was legally appropriate.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the contract for transportation services for the Watauga County Department of Social Services as provided by AppalCART at the rate of $1.40 per mile.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Planning and Inspections Matters
A. Road Names Public Hearing Request
Mr. Joe Furman, Planning and Inspections Director, requested a public hearing be scheduled on April 17, 2012, as required by North Carolina Statute 153A-239.1, to allow citizen comment prior to officially adopting new private and public road names.
Commissioner Deal, seconded by Commissioner Blust, moved to schedule a public hearing on April 17, 2012, at 6:00 P.M. to allow citizen comment on new private and public road names.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
B. Bond Claim - Bid Award for Subdivision Paving
Mr. Furman stated that County subdivision regulations allowed developers to post performance guarantees to allow final plats to be recorded so that lots/units could be sold prior to the completion of road construction within the development. A bond was accepted for the Lodges at Winkler’s Creek which went into foreclosure subsequently requiring the County to claim the bond and solicit bids to complete the road construction.
The initial plan called for a retaining wall to provide the necessary turnaround; however, based on conversations with the current property owners, the turnaround was relocated thus eliminating the need for the retaining wall while still adhering to subdivision requirements.
McManus Farms/Moretz Paving submitted the lowest bid in the amount of $34,200. Due to the elimination of the retaining wall, the McManus Farm’s portion of the bid was removed thus leaving Moretz Paving’s bid in the amount of $21,600 which remained the lowest bid for the road construction portion of the project.
Mr. Furman reported that the bond amount was greater than the bids received for road construction. In addition to the paving, the bonding firm also agreed to pay for the fees associated with re-recording the plat.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to award the bid for road construction to Moretz Paving, in the amount of $21,600, to complete the road construction at the Lodges at Winkler’s Creek.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of March 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 March 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Deal, seconded by Commissioner Blust, moved to approve the Refunds and Releases Report for March 2012, as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
C. Board of Equalization and Review Schedule
Mr. Byrd discussed the scheduling of the FY 2012 Board of Equalization and Review (E&R).
Commissioner Deal, seconded by Commissioner Blust, moved to:
· appoint the Watauga County Board of Commissioners to serve as the members of the Board of Equalization and Review (E&R) for FY 2012
· appoint the County Manager to serve as an alternate member on the Board of E&R
· convene the Board of E&R on April 23, 2012, at 4:30 P.M.
· hold Board of E&R meetings on April 23, 24, and 26, 2012, from 4:30 P.M. to 7:30 P.M.
· adjourn the Board of E&R on April 26, 2012, at 7:30 P.M.
· set the compensation rate for Board of E&R members at $75 per meeting.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
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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103341-349201 |
Economic Summit Sponsorship |
|
$750 |
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104920-463000 |
Economic Development |
$750 |
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The amendment recognized sponsorships received to offset expenditures for the Economic Summit hosted by the Economic Development Commission. |
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Account # |
Description |
Debit |
Credit |
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234310-429000 |
Other Supplies |
$5,500 |
|
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233317-343109 |
Substance Abuse Tax Revenue |
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$5,500 |
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The amendment funded additional needs within the Narcotics budget per request of Sheriff Hagaman. The funds are state funds received and restricted to law enforcement use. |
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Commissioner Blust, seconded by Commissioner Deal, moved to approve the budget amendments as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
B. JCPC Budget Amendments
Ms. Pierce presented a revised Juvenile Crime Prevention Council (JCPC) 2011-12 budget. The proposed budget amendments reallocated $27,871 of unused funding from the temporary shelter/group home program at Barium Springs to other currently funded JCPC programs. The recommendation from JCPC included reallocating the funds as follows: $11,436 to Project Challenge; $11,435 to Western Youth Network’s Youth Resource Center; and $5,000 to Blue Ridge Mediation and Restorative Justice Center.
Commissioner Blust, seconded by Commissioner Deal, moved to approve the Juvenile Crime Prevention Council Program budget amendment as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
C. Proposed Audit Contract for FY 12
Ms. Pierce presented the proposed contract from Bryce Holder, CPA, PA, for conducting the FY 2012 financial audit which had been reduced by $8,000 from the originally proposed fee due to the County’s commitment to prepare its own financial statements. The contract was not to exceed the amount of $45,400.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the contract with Bryce Holder, CPA, PA, for conducting the County’s FY 2012 financial audit with the amount not to exceed $45,400.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Consideration of A Resolution in Support of the North Carolina Marriage Amendment
Chairman Miller stated that he believed it was important that marriage remain an institution of one woman/one man and requested support of the North Carolina Marriage Amendment that would be on the primary ballots, May 8, 2012.
Commissioner Deal stated that he would like to receive information regarding the issue prior to discussion and a vote.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve a resolution in support of the North Carolina Marriage Amendment.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-1(Deal)
Absent-1(Futrelle)
Miscellaneous Administrative Matters
A. Blowing Rock VFD Request for Support of Lease Purchase Agreement
County Manager Geouque stated that Blowing Rock Fire and Rescue had requested a letter of support from the County to assist in obtaining financing to purchase equipment for operations. If not signed prior to the April 3, 2012, meeting, Blowing Rock Fire and Rescue would have experienced a reduction in cost savings and, therefore, staff prepared the necessary letter and requested the Chairman’s signature. The letter confirmed that Blowing Rock Fire and Rescue received both County and fire tax funding. The letter of support; however, does not obligate the County.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the Chairman’s signature on the letter as presented.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
B. Watauga Humane Society Funding Request
County Manager Geouque provided the Board with the following background information prior to the meeting.
Upon completion of the Humane Society facility and acceptance of animals, the County loaned four hundred thousand dollars ($400,000.00) to the Humane Society to apply toward the cost of facility construction. In exchange for the services provided by the Humane Society, the County was to pay the Humane Society seventy five thousand ($75,000.00) each year with a CPI escalator. The initial term of the agreement was twenty-five (25) years with automatic renewal periods of one (1) year thereafter unless either party sends the other written notice of its decision not to renew the Agreement within ninety (90) days prior to its expiration.
A promissory note along with the right of first refusal was secured for the County’s $400,000 investment for the twenty-five (25) year period should the Humane Society decide to sell the property, default on its primary loan for the construction of the building, or terminate the agreement prior to the twenty-five (25) year period. The Humane Society began accepting animals from the County in October of 2011, thus the yearly maintenance fee was prorated to $56,250. The County incurred expenses from July 1, 2011 through September 2011 for shelter operations until the Humane Society assumed control. The agreement allows the maintenance fee to be disbursed in quarterly installments, however in an effort to assist the Humane Society the maintenance fee was provided in a lump sum payment.
The Manager’s understanding was that had the agreement with the County not been executed, the Humane Society may have not been able to obtain the financing for their facility. Prior to the agreement the County was averaging 1,500 animals a year. Budget totals for Animal Care and Control for Fiscal Years 2008-09, 2009-10, and 2010-11 were $197,730, $144,585, $147,915, respectively.
At present time the Humane Society has submitted a budget request for $225,000 for FY 2013, which is a $150,000 increase over the current agreement.
Ms. Jenny Miller, Watauga Humane Society Capital Campaign Coordinator, requested additional funding due to the rise in their costs since the opening of the new shelter. The additional funding was to assist with current cash flow issues due to the large amount of animals turned in by the public. Ms. Miller also indicated that the Humane Society Board representatives who negotiated the contract with the County had not used realistic budgetary figures. Ms. Miller stated that if their operational costs could not be met, the shelter would close.
Lengthy discussion was held regarding the Humane Society’s budget and accounts. Commissioner Deal suggested the County allocate the remainder of the $75,000 originally budgeted to the Humane Society for FY 2012 in the amount of $18,750, which was the unpaid balance after the annual allocation was pro-rated. County Manager Geouque stated that the County had only spent approximately $4,000 of the $18,750 pro-rated for the year and, therefore, the majority of those funds were still available. At one point, Ms. Miller stated that an estate donation in the amount of $100,000 was anticipated in the near future and, therefore, the Society would no longer need additional funds from the County. However, Ms. Miller quickly followed up by stating that the additional funds would be helpful. When questioned about borrowing from the Society’s Capital Campaign account, Ms. Miller admitted that the Society had done that twice in the past; however, they did not consider that a viable option at this time.
Chairman Miller shared concerns that the shelter had only been in operation for four-months and additional funding was already being requested.
Commissioner Deal, seconded by Commissioner Blust, moved to release $18,750, the remainder of the $75,000 originally budgeted for FY 2012, to the Watauga Humane Society.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-1(Miller)
Absent-1(Futrelle)
Commissioner Blust requested the media representatives who were present assist in public awareness of this situation in hopes that additional donations would be forthcoming to the Watauga Humane Society.
[Clerk’s Note: Watauga Humane Society’s request for additional future funding was to be considered during the scheduled upcoming budget work sessions.]
C. Boards and Commissions
County Manager Geouque stated that the Blowing Rock Town Council had 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. Volunteer applications for Ms. Fairbetter and Mr. Story were distributed for review.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to appoint Ms. Brenda Fairbetter to serve as the ETJ member of the Blowing Rock Planning Board and appoint Mr. Terry Story to serve as the ETJ member of the Blowing Rock Board of Adjustment.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
County Manager Geouque made the following announcements:
· US Senator Kay Hagan will be at the Lois E. Harrill Senior Center on Wednesday, April 4, 2012, from 9:00 A.M. to 11:00 A.M. to hear concerns.
· The Board was invited to attend “Aarons After Hours” scheduled for April 19, 2012, from 7:30 P.M. to 8:30 P.M. for an opportunity to become acquainted with Aaron's Sales and Lease and to see first-hand the service they provide to the community.
· 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 were 5:30 P.M. to 800: P.M.
· Three public hearings were scheduled for the April 17, 2012, Board meeting to allow citizen comment on: the Community Development Block Grant Small Cities Catalyst Program application on behalf of the Hospitality House; the proposed refinancing for the new high school; and new private and public road names.
· The Project on Aging invited the Board to attend a Volunteer Recognition Breakfast on Thursday, April 19, 2012, at the Dan’l Boone Inn from 8:30 A.M. to 10:30 A.M.
· A tour of the new Humane Society facility which was recently constructed through a partnership with the County was scheduled for April 27, 2012, from 12:00 noon until 1:30 P.M.
· Appalachian State invited the Board of Commissioners along with School Board 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 was 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 will consist of a tour, lunch, and meeting with University officials.
Public Comment
There was no public comment.
Closed Session
At 9:23 A.M., Vice-Chairman Gable, seconded by Commissioner Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Commissioner Deal, seconded by Vice-Chairman Gable, moved to resume the open meeting at 9:47 A.M.
VOTE: Aye-4(Miller, Gable, Blust, Deal)
Nay-0
Absent-1(Futrelle)
Adjourn
Commissioner Deal, seconded by Vice-Chairman Gable adjourned the meeting at 9:47 A.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board