MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 1, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 1, 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
Tim Futrelle, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Commissioner Blust arrived at 8:12 A.M. due to a prior commitment.]
Chairman Miller called the meeting to order at 8:05 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 April 17, 2012, regular and closed session minutes.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the April 17, 2012, regular meeting minutes as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the April 17, 2012, closed session 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 May 1, 2012, agenda.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the May 1, 2012, agenda as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
E-911 Funds Radio Purchase Request
Captain Kelly Redmon with the Sheriff’s Office requested approval for the purchase of fourteen (14) portable radios. The radios were narrow band compliant and would provide for interoperability with federal, state, and local agencies. Funds from the E-911 50% fund balance, which were required to be spent by June 30, 2012, were eligible and an appropriate use for the purchase.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to approve the purchase of the fourteen portable radios with funds for the purchase to be allocated from the E-911 50% fund balance as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Proposed Resolution Request from the Board of Education
Ms. Deborah Miller, Chair of the Watauga County School Board, presented a proposed resolution requesting the North Carolina General Assembly eliminate the discretionary reversion which would allow an offset in the loss of Edujob funds at the end of the current fiscal year and end the discretionary reversions in North Carolina.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adopt the resolution as presented by Ms. Miller.
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 April 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 April 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the Refunds and Releases Report for April 2012, as presented.
Vice-Chairman Gable requested to recuse himself from the vote as he was included in the report as a recipient for a refund.
VOTE: Aye-3(Miller, Deal, Futrelle)
Nay-0
Absent-1(Blust)
Recuse-(Gable)
Planning and Inspections Matters
A. Bid Award Request for Soccer Complex Paving
Mr. Joe Furman, Planning and Inspections Director, stated that the County received bids for paving the two parking lots at the Ted Mackorell Soccer Complex on March 30, 2012. The paving is in conjunction with the grant awarded by the North Carolina Department of Transportation in the amount of $120,000. Appalachian State University (ASU) agreed to fund the paving of the third lot behind the stadium field. Mr. Furman stated that three bids were received within the budgeted amount of which Moretz Paving was the low bidder. However, due to the project utilizing federal funds, contractors were required to meet or make a good faith effort in hiring Disadvantaged Business Enterprises (DBE) as subcontractors. Watauga County's goal for utilization of DBE is 1% of all contracts. Upon review of the bids, it was determined that Moretz Paving did not make the good faith effort as required. Therefore, if the contract was awarded to Moretz Paving, the County would not be eligible to utilize the grant to fund the project. In order to not lose grant funding, Mr. Furman recommended the Board reject Moretz Paving's bid as unresponsive and award the contract to the next lowest bidder, Carl Rose and Sons, Inc., in the amount of $133,546.50 with the addition of alternate number 7 for $1,463, bringing the total bid amount to $135,009.50. With ASU reimbursing the County $25,665 for the paving of lot three, the bid remained within the $120,000 of grant funding available.
County Attorney Eggers stated that the bid documents did indicate that bids had to meet grant requirements and, therefore, the Board could deem the Moretz Paving bid as unresponsive.
Commissioner Deal, seconded by Commissioner Blust, moved to reject Moretz Paving's bid as unresponsive and accept the next lowest bidder, Carl Rose and Sons, Inc., in the total amount of $135,009.50 which includes alternate number 7 with the understanding that ASU would reimburse the County $25,665.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee
Mr. Furman presented a subdivision performance guarantee for Plumtree Partners in the form of a letter of credit from United Community Bank. The subdivision performance guarantee was for road construction and would allow a final plat to be recorded and lots conveyed. The plat was approved by the Planning Board at their April meeting, contingent upon the Board of Commissioners’ approval of the letter of credit.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the subdivision performance guarantee for Plumtree Partners in the form of a letter of credit from United Community Bank as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
C. Proposed Resolution Request from the Watauga County Planning Board
Mr. Furman stated that the Planning Board adopted a resolution in support of a traffic light on NC Highway 105 South at Poplar Grove Road and requested the Board of Commissioners do likewise. If the Board adopts a resolution, a request will be made to the Boone Town Council for their support and then such resolutions will be utilized in discussions with North Carolina Department of Transportation personnel.
Commissioner Deal requested that the resolution include wording to request that the Department of Transportation review the entire area including Hwy 105, Poplar Grove Road, and Poplar Grove Road South to determine the best placement of a traffic light.
Chairman Miller requested that the resolution not support the super street concept for Hwy 105 as being considered by the Department of Transportation; however he was agreeable with continued studies of the concept.
Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the resolution as amended.
VOTE: Aye-5
Nay-0
D. Proposed Amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures
Mr. Furman stated that the Planning Board had reviewed the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures and presented proposed amendments. The majority of the changes requested were designed to encourage affordable housing projects and fire apparatus access, and update definitions of waste water disposal systems. The Planning Board approved sending the proposed changes to the Board of Commissioners for adoption. Per NCGS 153A-323, the Planning Board requests the Board of Commissioners set a public hearing for May 15, 2012, at 6:00 P.M. to allow citizen review of the proposed amendments.
Commissioner Deal, seconded by Commissioner Futrelle, moved to set a public hearing at 6:00 P.M. on Tuesday, May 15, 2012, to allow citizen comment on proposed amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures.
VOTE: Aye-5
Nay-0
E. Public Hearing Request for Citizen Comment on Fire District Boundary Changes
Mr. Furman requested a public hearing be set for Tuesday, June 19, 2012, at 6:00 P.M. to allow citizen comment on proposed fire district boundary changes that would involve parcels in Stewart Simmons and Deep Gap Fire Districts and the Boone Fire Service District. The public hearing was being requested early due to a requirement for notifications to be mailed to affected property owners four weeks prior to the hearing.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to schedule a public hearing for Tuesday, June 19, 2012, at 6:00 P.M. to allow citizen comment on proposed fire district boundary changes affecting the Stewart Simmons, Deep Gap and Boone districts.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendment:
|
Account # |
Description |
Debit |
Credit |
|
103300-349909 |
NC Lottery Funds |
|
$65,000 |
|
105911-470004 |
Valle Crucis Basement Repairs |
$35,000 |
|
|
105911-470006 |
Cove Creek Roof Design Work |
$30,000 |
|
|
|
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The amendment recognized the award of the funds recently applied for by the Watauga County Board of Education. |
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Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the budget amendment as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Presentation of the FY 2013 Capital Improvement Plan (CIP)
County Manager Geouque presented the FY 2013 Capital Improvement Plan (CIP) for review prior to discussion during the upcoming budget work sessions.
B. Presentation of the Manager’s FY 2013 Recommended Budget
County Manager Geouque presented the FY 2013 Proposed Budget and reviewed highlights. He announced upcoming budget work sessions scheduled for 4:00 P.M. on Thursday, May 3, 2012, and Monday, May 7, 2012, and a public hearing to allow public comment scheduled for Tuesday, May 15, 2012, at 6:00 P.M. in the Commissioners’ Board Room at the Watauga County Administration Building. The County Manager announced that the FY 2013 Proposed Budget was also available for public inspection on the County’s website, in the County Manager’s Office, and at the Libraries located in Boone, Blowing Rock, and the Western Watauga Community Center.
C. Boards and Commissions
County Manager Geouque stated that both Paul Combs and Lauren Waterworth’s terms on the Economic Development Commission (EDC) were set to expire in June. EDC terms were for three (3) years with appointees being eligible to serve two (2) consecutive terms. Both Mr. Combs and Ms. Waterworth have served one (1) term thus far and are willing to continue to serve. A Volunteer Application was received from Ms. Susan Norris who also expressed interest in serving as a member of the EDC.
The above were first readings; therefore, action was not required at this time.
County Manager Geouque made the following announcements:
· The Watauga County Farmers’ Market opens this year on May 5, 2012, with local vendors offering their produce and products each Saturday morning. You are invited to participate in opening day celebrations beginning at 8:00 A.M. with festivities to include live music and prize raffles.
· Appalachian State University 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 Comment
The following citizens commented on Amendment 1 and the Board’s recently adopted “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage”:
Ms. Marge McKinney urged the Board to rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Ms. Joan Brannon stated that Amendment 1 was unwise and unfair.
Ms. Jacque Dunbar stated that the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” should be rescinded.
Ms. Denicia Joyce requested the Board rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Ms. Cynthia Kittle requested the Board rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Ms. Marcia Cham stated her opposition to Amendment 1.
Mr. Chip Meyers stated his opposition to Amendment 1.
Ms. Patricia Rokoske requested the Board rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Mr. Craig Fisher signed up to speak but was not present when called upon.
Ms. Jean Brooks requested the Board rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Ms. Judith Phoenix requested the Board rescind the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage.”
Commissioner Deal quoted portions of an article published in the Sunday, April 29, 2012, edition of the Charlotte Observer written by Dr. H. Stephen Shoemaker entitled “Amendment One and an old American struggle.”
Commissioner Futrelle shared the following:
POSITION STATEMENT
OPPOSING DEFENSE OF MARRIAGE AMENDMENT
Adopted by the NCA Board of Directors
September 16, 2011
The North Carolina Psychological Association (NCPA) opposes the Defense of Marriage amendment for the following reasons:
1. There is no empirical evidence that supports the denial of marriage rights to people in same-sex relationships.
A person’s sexual orientation defines the universe of persons with whom he or she is likely to find the satisfying and fulfilling romantic and intimate relationships that, for many individuals, comprise an essential component of personal identity (D’Augelli, 2000; Gonsiorek & Weinrich, 1991; Herek, 2001, 2006; Peplau & Garnets, 2000)
2. There is empirical evidence that denial of marriage rights to people in same-sex relationships is damaging to their psychological health.
3. There is empirical evidence that opposing denial of marriage rights initiatives has beneficial psychological effects.
Commissioner Deal, seconded by Commissioner Futrelle, moved to reconsider the Board’s adoption of the “Resolution in Support of an Amendment to the North Carolina Constitution Protecting Marriage” by rescinding the Resolution.
VOTE: Aye-2(Deal, Futrelle)
Nay-3(Miller, Blust, Gable)
Closed Session
At 9:29 A.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-5
Nay-0
Commissioner Futrelle, seconded by Chairman Miller, moved to resume the open meeting at 10:15 A.M.
VOTE: Aye-5
Nay-0
Action After Closed Session
Commissioner Deal, seconded by Commissioner Futrelle, moved to officially set the public hearing to allow citizen comment on the Manager’s FY 2013 Proposed Budget for 6:00 P.M. on Tuesday, May 15, 2012.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Deal, seconded by Chairman Miller, moved to adjourn the meeting at 10:17 A.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board