MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 17, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 17, 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
Tim Futrelle, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Clerk’s Note: Commissioner Deal was not present due to a prior commitment.]
Chairman Miller called the meeting to order at 5:32 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 April 3, 2012, regular and closed session minutes.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the April 3, 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 April 17, 2012, agenda.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the April 17, 2012, agenda as presented.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Proposed Amendments to the Ambulance Franchise Agreement (2nd Ratification)
County Manager Geouque stated that North Carolina General Statute 153A-46 required a grant, renewal, extension, or amendment of any franchise to be passed at two regular meetings of the Board of Commissioners before it may be adopted.
At the April 3, 2012, regular Board meeting, Mr. Craig Sullivan, Owner of Watauga Medics, presented proposed amendments to the current Ambulance Franchise Agreement. The proposed agreement extended the current agreement through December 31, 2019. The contract extension would allow Watauga Medics to expand their operations and invest in new communication technology which would improve overall services in the County. In extending the contract, the County also benefited by negotiating a one (1) year waiver of the CPI escalator for the first year of the contract.
The proposed contract was approved at the April 3, 2012, regular meeting.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to ratify the Ambulance Franchise Agreement as presented for the second required approval.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Consolidated Dispatch Update
Vice-Chairman Gable stated that he, along with the County Manager, had attended a special meeting held by the Blowing Rock Town Council earlier in the day at which action was taken for Blowing Rock to join Watauga County in consolidating emergency dispatch services. The Town of Boone had not made a decision regarding the consolidated dispatch effort to date. Emergency calls for the Towns of Seven Devils and Beech Mountain were both handled through Avery County and, therefore, neither Town would join Watauga County’s consolidated dispatch; however, Beech Mountain would serve as an official back-up location for Watauga County communications as needed. Likewise, Appalachian State University was not an E911 call center and, therefore, would not be a part of the consolidated dispatch.
Vice-Chairman Gable stated that 27 applications had been received for the position of Emergency Services Director whose duties were to include planning, directing, coordinating and supervising the Office of Emergency Management/Fire Marshal and the County 911 Communications Center.
By consensus, the Board agreed to direct staff to move forward with the process of hiring the Emergency Services Director.
New River Service Authority (NRSA) Mutual Aid Agreement
County Attorney Eggers presented a mutual aid agreement between the five-member Counties (Avery, Ashe, Alleghany, Watauga, and Wilkes) of the New River Service Authority (NRSA) regarding the cost sharing of fees from Poyner Spruill, the firm which would be providing representation for the five member Counties as named in NRSA lawsuit(s). Mr. Bob Orr would be the representing Counsel and his fee had been negotiated to an amount of which Watauga County’s pro-rata share would equal $60 per hour.
Mr. Eggers stated that two lawsuits had been filed that named the Counties individually. The first was filed by Crossroads but had been settled with no funds expended by any of the five member Counties. The second was a lawsuit filed by a group of former New River Behavioral Healthcare employees. That lawsuit was ongoing and would require Mr. Orr’s representation.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to engage in the Mutual Aid Agreement between Ashe, Alleghany, Avery, Watauga, and Wilkes Counties hiring Mr. Bob Orr with Poyner Spruill for legal representation as associated with New River Service Authority.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Miscellaneous Administrative Matters
A. Proposed ATM to be located in the Courthouse
County Manager Geouque presented a proposed agreement with PCI Teleservices, Inc. to provide an Automated Teller Machine (ATM) in the Courthouse. Over nine (9) vendors were contacted with PCI providing the most favorable offer to the County. A majority of the vendors required the County to provide telephone service, electricity, and a minimum number of transactions. However, PCI required the County only to provide electricity and offered a $0.50 commission to the County as included in each $3.00 transaction fee with no minimum number of transactions required.
Chairman Miller stated that the Clerk of Court did not accept checks nor credit/debit cards as forms of payment and, therefore, an ATM located in the Courthouse was needed.
County Manager Geouque stated that two locations were being considered for the ATM’s placement; one being on the first floor near the Tax Department and the other being on the ground floor near the vending machines.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve entering into a contract with PCI Teleservices, Inc., for the provision of an ATM to be located in the Watauga County Courthouse, contingent upon the County Attorney’s review.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
B. Caldwell Community College & Technical Institute Joint Meeting Request
County Manager Geouque stated that the Caldwell Community College and Technical Institute Board of Trustees had requested a joint meeting be scheduled for May 15, 2012, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Room 112.
Since the Board of Commissioners have a regular meeting scheduled at 5:30 P.M. on that date, the Board of Trustees have indicated that, in place of the joint meeting, they would attend a portion of the Commissioners’ meeting to offer a brief report.
County Manager Geouque shared the following announcements:
· The Board has been 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 Project on Aging’s Volunteer Recognition Breakfast is scheduled for Thursday, April 19, 2012, at the Dan’l Boone Inn from 8:30 A.M. to 10:30 A.M.
· As a part of Earth Day celebrations, the NC Cooperative Extension along with the ASU Sustainability Council will be holding a “How to Grow Your Own Food” Program on April 19, 2012, from 12:00 P.M. to 1:00 P.M. at the Belk Library, Room 421, on the campus of ASU.
· The Watauga County Tourism Development Authority invites the Board to join in the dedication of the County’s new Civil War Marker at the Old Cove Creek High School on April 21, 2012, at 1:00 P.M. The TDA has also requested Chairman Miller and Commissioner Deal speak at the dedication.
· A tour of the new Humane Society facility which was recently constructed through a partnership with the County is scheduled for April 27, 2012, from 12:00 noon until 1:30 P.M.
· 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.
Closed Session
At 5:54 P.M., Vice-Chairman Gable, 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, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Commissioner Futrelle, seconded by Chairman Miller, moved to resume the open meeting at 6:06 P.M.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Public Hearings to Allow Citizen Comment
A. New Private and Public Road Names
A public hearing was scheduled to allow citizen comment on the new private and public road names.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to open the public hearing at 6:11 P.M. to allow citizen comment on new private and public road names as required by N.C.G.S. 153A-239.1.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Mr. Joe Furman, Planning and Inspections Director, presented the following new private and public road names for consideration.
Names for new roads:
Cambar Lane
North Camp Road
Wallace Lane
Name changes for existing roads:
|
Greer Road to Arvil Greer Road Linda Lane to Blue Ridge Vista Meadow Brook Lane to Brook Lane Woods Road to Buckeye Ridge Road Cliff Drive to Crystal Cliff Lane Deer Run Road to Deerfield Estates Road Ridge Crest Drive to Dougherty Farm Lane Elk Ridge Road to Dragonfly Lane Community Lane to Ernie Jones Lane Forest Lane to Foggy Lane Penny Lane to George Blagg Lane Grandfather View to Grandfather Vista |
Armfield Roost Road to GreenWood Valley Drive Hickory Lane to Hickory Knob Curley Maple Valley Road to Jim Penley Road Ruby Lane to June Lane Little Creek Road to Little Creekside Westside Drive to North Westside Drive Reece Road to Old Reece Road Cottage Lane to Oscars Walk Skyland Drive to Skyland View Drive River Bend Road to Valle River Road Dawgwood Lane to Walnut Lane Private Drive to Windy Hollow Trail Mistletoe Lane to Wolf Den Lane |
Mr. Furman stated that name changes were necessary to eliminate duplicate or duplicate sounding names.
There being no public comment, Chairman Miller declared the public hearing closed at 6:11 P.M.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the private and public road names as presented.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
B. Proposed Community Development Block Grant (CDBG) Small Cities Catalyst Program Application on Behalf of Hospitality House (2nd Public Hearing as Required)
Per Board direction, a second public hearing was set to seek public comment on the County’s potential application for $250,000 through the Community Development Block Grant (CDBG) Small Cities Catalyst Program on behalf of the Hospitality House with Mr. Joe Furman, Planning and Inspections Director, providing assistance. There was no public comment at the first public hearing which was held on March 20, 2012.
Commissioner Blust, seconded by Vice-Chairman Gable, opened the public hearing at 6:11 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.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Mr. Joe Furman presented the application and stated that the grant amount requested was $219,650. Hospitality House was providing $20,000 for a project total of $239,650.
There being no public comment, Chairman Miller declared the public hearing closed at 6:12 P.M.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the application for submission to the Community Development Block Grant (CDBG) Small Cities Catalyst Program on behalf of the Hospitality House as presented.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
C. Proposed Re-Financing for the New High School
Per Board direction, a public hearing was set to seek public comment on refinancing the new high school.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to open the public hearing at 6:12 P.M. to allow citizen comment regarding the Board of Commissioners entering into a contract to refinance the County’s installment payment obligations for the new Watauga High School. The obligation will be secured through a deed of trust that grants a lien on the new high school including all improvements.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Mr. Scott Leo, with Parker Poe, who serves as the County’s Bond Counsel for the refinancing procedure, presented the Board with a proposed resolution which, upon adoption, approves the substantially completed installment financing contract, the deed of trust, the indenture, the purchase agreements, and the preliminary official statement as associated with refinancing. Mr. Leo stated that once the bonds were priced, the final pricing information would be inserted into the Contract and Indenture. The reason for Board approval prior to final completion of the documents was to allow the underwriters to market the bonds to investors which could not be done without County approval of the basic structure of the documents and the information contained in the preliminary official statement. Also, Local Government Commission (LGC) approval was required before the preliminary official statement to market the bonds could be distributed.
Mr. Leo explained that a single-purpose-entity non-profit would be established as a part of the process for the issuance of bonds, which would ultimately assign all rights to the County. Mr. Leo stated that his firm was familiar with this process which was commonly used by local governments when refinancing. County Attorney Eggers reiterated that the establishment of the non-profit would protect the County throughout the process and would assign all rights to the County after the issuance of the bonds.
County Manager Geouque stated that the County hoped to realize approximately $200,000 to $235,000 in savings annually as a result of refinancing the County’s installment payment obligations for the new high school.
In summary, Mr. Leo stated that adoption of the proposed resolution would provide findings for Local Government Commission (LGC) approval; authorize the structure; and direct staff to follow the necessary procedures in accordance with the refinancing process.
There being no public comment, Chairman Miller moved to declare the public hearing closed at 6:18 P.M.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to adopt the “Resolution of the Board of Commissioners of the County of Watauga, North Carolina, Approving an Installment Financing Contract and a Deed of Trust and Delivery Thereof and Providing for Certain Other Related Matters” as presented.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Public Comment
The following citizens commented:
Mr. Craig Fischer stated opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Ms. Beth Jacquot stated opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Ms. Catherine Hopkins stated opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Ms. Marge McKinney stated opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Ms. Marie Hoepfl stated opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Ms. Paula Finck stated that she was confused due to the lack of information regarding the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Mr. K. Alex Katz stated his opposition to the Board’s “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” as adopted at the April 3, 2012, regular meeting.
Adjourn
Vice-Chairman Gable, seconded by Commissioner Blust, moved to adjourn the meeting at 6:33 P.M.
VOTE: Aye-4(Miller, Gable, Blust, Futrelle)
Nay-0
Absent-1(Deal)
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board