MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 5, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 5, 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
Chairman Miller called the meeting to order at 8:04 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 May 1, 2012, closed session minutes and the May 15, 2012, regular meeting minutes.
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the May 1, 2012, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the May 15, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the June 5, 2012, agenda.
County Manager Geouque requested to add the following items for consideration:
11.A. Incident Management
11.A.1 Public Hearing Request
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the June 5, 2012, agenda as amended.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on the Proposed Demolition of the Old High School
A public hearing was scheduled to allow citizen comment on the proposed demolition of the old high school.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to open the public hearing at 8:07 A.M. to allow citizen comment on the proposed demolition of the old high school.
VOTE: Aye-5
Nay-0
The following citizens shared their concerns regarding the proposed demolition of the old high school:
Edwin Gayle Henson – shared a presentation encouraging keeping the building.
Jess McNeil – recommended saving the outdoor facilities and requested allowing the Habitat for Humanity’s Restore to salvage usable items from the building prior to demolition.
Wayne B. Cato – stated that he had no comments.
Glen Henson – requested the building be kept.
Mark Heisy – stated that he agreed with the comments made by others.
Edward Wilkie – suggested income generating uses for the property.
Deborah Greene – shared concerns regarding the sale of the property.
Max Gregory – stated that he was not in favor of tearing the building down.
The following Commissioners shared their concerns regarding the proposed demolition as well:
Jim Deal – stated that the Board was dealing with the best use of the entire property and shared that the Economic Development Commission was developing a plan to submit to the Board for potential economic development-based uses of the property.
David Blust – stated that the citizens should not have to pay for the demolition of the old high school and the probability of using the building would be gone if it were torn down.
Vince Gable – stated that he agreed with the citizen’s concerns; however, without raising taxes there were not funds to renovate the building which is currently a liability as the property would sell better without the building and the County would be responsible if someone were hurt in or around the building.
Tim Futrelle – stated that the demolition project should move forward as the bid package included consideration for hazardous materials and the low bidder’s references had been contacted.
Nathan Miller – stated that he had toured the property the day before and although the building appeared structurally sound it would take extensive repairs to correct the damage done to the building by vandals and since there had not been any interest by those who had made offers on the property in keeping the building it should be removed as money should not be spent to repair a vacant building.
There being no further public comment Chairman Miller declared the public hearing closed at 9:08 A.M.
Mr. Robert Marsh, Maintenance Director, presented the following bids received for the demolition of the old Watauga High School:
|
Vendor |
5% Bid Bond or Cashiers’ Check |
Contractor’s License # |
Calendar Days to Complete |
Primary Bid Price |
Alternate I Bid Price |
|
NCM Charlotte, NC |
Bid Bond |
65179 |
180 |
$829,800 |
$115,000 |
|
D.H. Griffin Wrecking Co., Inc. Hickory, NC |
Bid Bond |
35452 |
120 |
$379,990 |
$54,000 |
|
NEO Corp. Canton, NC |
Bid Bond |
17865 |
180 |
$328,000 |
$33,750 |
|
MBH Enterprises, Inc., Rural Hall, NC |
Bid Bond |
71456 |
180 |
$475,567 |
$7,227 |
|
Taylor and Murphy Asheville, NC |
Bid Bond |
5174 |
180 |
$460,475 |
$42,000 |
|
E. Luke Greene Co. Strawberry Plains, TN |
Bid Bond |
21121 |
Asbestos 45 Demo 150 |
$485,000 |
$50,000 |
|
EHG, LLC Morrisville, NC |
Bid Bond |
55919 |
120 |
$960,000 |
$90,000 |
|
Tristar of America, Inc. Norcross, GA |
Bid Bond |
69663 |
150 |
$619,000 |
$48,000 |
|
Empire Dismantlement Corp. Grand Island, NY |
Bid Bond |
51779 |
180 |
$843,000 |
$30,000 |
|
Dore and Associates Contracting Bay City, MI |
Bid Bond |
17486 |
300 |
$927,600 |
$19,300 |
|
Clear Site Industrial, LLC Charlotte, NC |
Bid Bond |
68679 |
150 |
$634,720 |
$32,500 |
|
Belfor Charlotte, NC |
None |
63672 |
Not Listed |
$1,156,986 |
$0 |
A total of 12 bids were received with NEO Corporation from Canton, NC, providing the lowest responsive and responsible bid in the total amount of $361,750 for the demolition of the primary building area and acceptance of Alternate I which included the demolition of the ancillary buildings.
Mr. Marsh also recommended a $100,000 contingency for unforeseen issues should the Board accept the bid. The issues could range from underground oil tanks and oil spills to lead and asbestos beyond the scope identified, etc.
County Attorney Eggers stated that the County was legally protected by the proposed contract which included the requirement to reduce to a level grade. Mr. Eggers also stated that NEO Corporation had submitted a responsible and responsive bid.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to award the bid to NEO Corporation in the total amount of $361,750 which included the base bid in the amount of $328,000 and Alternate 1 in the amount of $33,750 and to add an additional $100,000 contingency to the project to cover unforeseen issues.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-1(Blust)
Appalachian District Health Department Update
Ms. Beth Lovette, Director of Appalachian District Health Department, presented an update on health department matters which included information regarding the Department’s budget request.
The report was for information only and, therefore, no action was required nor taken.
Juvenile Crime Prevention Program (JCPP) Certification and Membership for FY 2013
Ms. Margaret Pierce, the County Manager's designee member of the Juvenile Crime Prevention Council (JCPC), presented the JCPC recommended FY 2013 funding allocation, certification, and membership roster. The membership roster included the following appointees:
|
Specified Members (G.S. 147-33.61) |
Name |
|
1) School Superintendent or designee |
Clarissa Schmal |
|
2) Chief of Police |
Kat Brackenridge |
|
3) Local Sheriff or designee |
Dee Dee Rominger |
|
4) District Attorney or designee |
John Middlebrook |
|
5) Chief Court Counselor or designee |
Lisa Garland |
|
6) Director, AMH/DD/SA, or designee |
Maggie Farrington |
|
7) Director DSS or designee |
Mandy Garland |
|
8) County Manager or designee |
Margaret Pierce |
|
9) Substance Abuse Professional |
Murray Hawkinson |
|
10) Member of Faith Community |
Pan McCaslin |
|
11) County Commissioner |
Tim Futrelle |
|
12) Two Persons under age 18 (State Youth Council Representative, if available) |
vacant |
|
Brian Greer |
|
|
13) Juvenile Defense Attorney |
Eric Eller |
|
14) Chief District Judge or designee |
Vacant |
|
15) Member of Business Community |
Evelyn Asher |
|
16) Local Health Director or designee |
Trish Lanier |
|
17) Rep. United Way/other non-profit |
Karee Mackey |
|
18) Representative/Parks and Rec. |
Stephen Poulos |
|
19) County Commissioner appointee |
Melissa Johnson |
|
20) County Commissioner appointee |
Jennifer Grubb |
|
21) County Commissioner appointee |
Dennis Aldridge |
|
22) County Commissioner appointee |
Mechelle Miller |
|
23) County Commissioner appointee |
Hillary Biggerstaff |
|
24) County Commissioner appointee |
Michael Potter |
|
25) County Commissioner appointee |
Amber Matthews |
Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the Juvenile Crime Prevention Council Fiscal Year 2013 County funding allocation, certification, and membership roster as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Tourism Development Authority’s (TDA) Proposed Memorandum of Understanding Regarding Encroachment on Pine Run Road
Mr. Eric Woolridge, Director of Tourism Planning with the Watauga County Tourism Development Authority (TDA), gave an update on the proposed Memorandum of Understanding with the Department of Transportation regarding the encroachment on Pine Run Road where a paddle access area is being constructed with grant funds received by the TDA. Mr. Woolridge stated that the TDA Board would review the request at their June 12, 2012, meeting and, if adopted by the TDA Board, a formal request would be presented at the June 19, 2012, Board of Commissioners meeting.
The report was given for information only; therefore, action was not required nor taken.
Rural Operating Assistance Program (ROAP) Hearing Request - AppalCART
Mr. Chris Turner requested a public hearing be scheduled on June 19, 2012, to allow citizen comment on the Rural Operating Assistance Program (ROAP) grant application for FY 2013. Mr. Turner also introduced Mr. Mike Norwood, AppalCART’s Finance Officer, who will present the application at the public hearing.
Commissioner Deal, seconded by Commissioner Futrelle, moved to schedule a public hearing on June 19, 2012, at 6:00 P.M. to allow citizen comment on the Rural Operating Assistance Program Application for FY 2013.
VOTE: Aye-5
Nay-0
Grant Acceptance for Forklift Purchase
At the February 21, 2012, Board meeting, Ms. Lisa Doty, Recycling Manager, was authorized to submit a grant to the North Carolina Department of Environment and Natural Resources for the purchase of a new forklift for the Sanitation Department’s recycling efforts. Ms. Doty requested the Board accept the grant award in the amount of $14,200. The new forklift was to replace the 20-year-old forklift currently in use. The grant was to be effective with the proposed Fiscal Year 2013 budget, in which adequate funds have been appropriated for the purchase of the forklift. Bids for the purchase of the forklift were to be solicited and presented at a future meeting for Board approval. Ms. Doty stated that additional funds could be allocated from the solid waste enterprise fund to supplement the purchase along with additional revenue expected from electronic recycling efforts and funds received through the surplus and auction of the current forklift through GovDeals.com.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to accept the grant, in the amount of $14,200, from the North Carolina Department of Environment and Natural Resources for the purchase of a new forklift to be used for the Sanitation Department’s recycling efforts.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 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 May 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 May 2012, as presented.
VOTE: Aye-5
Nay-0
Finance Matters
A. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
283102-312111 |
Tax Revenue Todd Fire District |
|
$3,500 |
|
284340-469911 |
Payment to Todd Fire District |
$3,500 |
|
|
283102-312106 |
Tax Revenue Zionville Fire District |
|
$4,500 |
|
284340-469906 |
Payment to Zionville Fire District |
$4,500 |
|
|
283102-312105 |
Tax Revenue Stewart Simmons Fire District |
|
$2,500 |
|
284340-469905 |
Payment to Stewart Simmons Fire District |
$2,500 |
|
|
283102-312104 |
Tax Revenue Beaver Dam Fire District |
|
$3,000 |
|
284340-469904 |
Payment to Beaver Dam Fire District |
$3,000 |
|
|
283102-312101 |
Tax Revenue Foscoe Fire District |
|
$3,000 |
|
284340-469901 |
Payment to Foscoe Fire District |
$3,000 |
|
|
243102-312101 |
Tax Revenue Foscoe Service District |
|
$1,400 |
|
244340-469901 |
Payment to Foscoe Service District |
$1,400 |
|
|
243102-312108 |
Tax Revenue Shawneehaw Service District |
|
$200 |
|
244340-469908 |
Payment to Shawneehaw Service District |
$200 |
|
|
|
|||
|
The amendment recognized additional estimated fire tax district revenues and payments above budgeted amounts due to fire departments. |
|||
|
|
|||
|
Account # |
Description |
Debit |
Credit |
|
293270-312009 |
Occupancy Tax Revenue |
|
$92,500 |
|
294140-449900 |
Administrative Fee |
$1,100 |
|
|
294140-469900 |
Payment to Watauga County TDA |
$91,400 |
|
|
|
|||
|
The amendment recognized additional occupancy tax revenues estimates above budgeted amounts and payment due to Watauga County District U Tourism Development Authority (TDA) for net occupancy tax and to Watauga County for statutory administrative collection fees. |
|||
|
|
|||
|
Account # |
Description |
Debit |
Credit |
|
103200-326600 |
ABC/5 cents a Bottle |
|
$800 |
|
105210-469852 |
ABC/5 cents a Bottle |
$800 |
|
|
|
|
|
|
|
The amendment recognized additional estimated revenues and expenditures for Alcoholic Beverage Control funds. |
|||
|
|
|
|
|
|
Account # |
Description |
Debit |
Credit |
|
143585-323000 |
State and Federal Daycare Subsidies |
|
$6,157 |
|
145850-440900 |
Daycare Subsidies |
$6,157 |
|
|
143585-323002 |
Smart Start Daycare Subsidies |
|
$55,426 |
|
145850-440901 |
Smart Start Daycare Subsidies |
$55,426 |
|
|
|
|
|
|
|
The amendment recognized increases in DSS funding for daycare subsidies from state and federal sources. These allocations are for direct services provided for clients. |
|||
|
|
|||
|
Account # |
Description |
Debit |
Credit |
|
103300-349910 |
NC ADM Capital Funds |
|
$102,750 |
|
105911-470007 |
Parkway School Roof |
$39,000 |
|
|
105911-470008 |
Hardin Park School Roof |
$63,750 |
|
|
|
|
|
|
|
The amendment recognized the award of NC ADM Capital funds applied for by the Watauga County Board of Education and approved by the Board of Commissioners on March 17, 2012. Local match was to be provided by the Watauga County Board of Education. |
|||
|
|
|||
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Futrelle, moved to excuse Commissioner Blust, who needed to leave the meeting for a prior commitment, at 9:55 A.M.
VOTE: Aye-5
Nay-0
B. Proposed Lease Amendment on High School Property
Ms. Pierce stated that, as a part of the refinancing of the new high school debt, an amendment was required to the current lease signed on April 1, 2008, between the County and Board of Education. The change was procedural in which the Watauga County Board of Education lien position was to be shifted to follow the financing documents. No other changes in terms or conditions were required to be made. Ms. Pierce stated that the Board of Education had approved the lease amendment.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the lease modification as presented.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
Incident Management Team Position Specific Training
Mr. Steve Sudderth, requested approval of “position specific training” for incident management. The request was made after the completion of the overall incident management training. Wiland Associates was the firm that conducted the training and was recommended to provide the “position specific training.”
If approved, funding for the training would be provided by Homeland Security Incident Management funds. The funding was available through two grants, in the amounts of $8,490.20 and $7,594.05, which were originally approved by the Board to be utilized by Caldwell Community College and Technical Institute for training. These funds were not utilized and returned to the North Carolina Emergency Management Office. Mr. Sudderth requested and was approved to re-appropriate the funds for the incident management team position specific training. The grants were to expire at the end of June with the requirement that unspent funds be returned to FEMA.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to waive the County policy requiring three (3) bids for purchases over $15,000 and approve the use of the FEMA grant funds totaling $16,084.25 for incident management team position specific training to be provided by Wiland Associates as presented by Mr. Sudderth.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
Miscellaneous Administrative Matters
A. Meat Camp VFD Request for Support of Lease Purchase Agreement
County Manager Geouque stated that the Meat Camp Volunteer Fire Department had requested a letter of support from the County to assist in obtaining financing to purchase equipment for operations. The letter confirmed that Meat Camp Volunteer Fire Department received both County and fire tax funding. The letter of support, however, does not obligate the County.
Vice-Chairman Gable, seconded by Commissioner Futrelle, moved to approve the Chairman’s signature on the letter as requested.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
A1. Meat Camp and Deep Gap Fire Departments Request to Adjust Their Mutual Boundary
County Manager Geouque stated that Planning and Inspections Director, Mr. Joe Furman, was contacted recently by the Meat Camp and Deep Gap Volunteer Fire Departments with a request to adjust their mutual boundary. In order to make this change, the Board of Commissioners must hold a public hearing pursuant to NC General Statute 69-25.11. Since a public hearing on other fire district changes was scheduled for June 19, the County Manager recommended that the scope of the hearing be expanded to include the above requested changes as well.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to expand the public hearing to allow citizen comment on proposed fire district boundary changes scheduled for June 19, 2012, at 6:00 P.M. to include proposed changes to the Meat Camp and Deep Gap Volunteer Fire Departments.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
B. Fiscal Year 2013 Budget Discussion
County Manager Geouque stated that, at the Board’s last budget work session, direction was given to staff to request additional information from the Health Department and Humane Society to assist the Board in the decision making process regarding funding for Fiscal Year 2013. The County Manager presented the below list of changes as requested by the Board and now included in the proposed budget:
|
Revenues |
|
|
|
Cable TV Franchise Fees |
increase |
$10,000 |
|
|
|
|
|
Expenditures |
|
|
|
Board of Elections |
increase travel and part time salaries |
$8,790 |
|
Board of Education |
increase current capital outlay |
$18,826 |
|
Recreation, Special Populations |
increase supplies and travel |
$850 |
|
Special Allocations |
decrease Children’s Playhouse decrease WeCAN |
$2,500 $1,000 |
|
Emergency Services |
decrease cell allowance |
$576 |
|
Tax Administration |
decrease salaries |
$6,000 |
|
General Administration |
decrease Professional Services-Architects $7,540 decrease miscellaneous expenses |
$7,540 $850 |
Chairman Deal stated that representatives from the Watauga Humane Society were available to present the information requested.
Chairman Miller stated that Watauga County Board of Education Chair, Deborah Miller, was also present to make a request. Ms. Miller stated that the Board of Education would like to schedule a meeting to discuss possible funding for raises for school personnel.
County Manager Geouque stated that the Board was making contingency plans for the Board of Education budget dependent upon what the State did with their budget.
Dr. Jan Watson, Chair, and Dr. Dru Henson, Treasurer, of the Watauga Humane Society, presented the Board with additional information regarding their budget and requested the Board increase the funding for FY 2013 from the proposed $78,000 to $125,000.
The County Manager presented an email request from the Watauga County Library as well.
As the proposed budget was scheduled for consideration of adoption at the June 19, 2012, Board meeting, the County Manager stated that the Board could accept the proposed budget without recommending additional changes; request changes to be presented for adoption at the June 19 meeting; or schedule an additional work session prior to the June 19th meeting. In the event that changes were made by the Board at the June 19 meeting, a recess could be called to allow for the preparation of a revised Budget Ordinance or a special meeting could be called for the adoption of the budget.
No action was taken.
C. July Meeting Schedule Discussion
County Manager Geouque stated that, historically, the Board cancelled the first regular meeting in July due to the recent adoption of the annual budget and the beginning of a new fiscal year. In addition, this year, the second primary was scheduled for July 17, 2012, the date of the second regular meeting in July. The Commissioners’ Board Room was used as an official polling place on election days.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to cancel the July 3, 2012, regular meeting and reschedule the July 17, 2012, regular meeting to July 24, 2012, at 5:30 PM.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
D. Boards and Commissions
County Manager Geouque stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans to the region. They also assisted in marketing and packaging loans for small businesses throughout the region. Per their bylaws, each county was required to appoint four persons each year to serve as members of the Development Corporation. Representative categories were local government (1), private lending institution (1), and community organization or a business organization (2). Watauga County’s current appointees are Mr. Fowler Cooper (Local Government); Mr. Brian Crutchfield (Community Organization); Mr. Jim Furman (Business Organization); and Mr. Brian Riggins (Private Lending Institution).
The above nominations were tabled to ensure appropriate representation of the categories.
County Manager Geouque stated Chairman Miller’s term on the Social Services Board was set to expire on June 30, 2012. The County Manager mentioned that a request had been made for appointment of the Social Services Board seat held by Ms. Mary Moretz as well; however, it was the responsibility of the Social Services Board rather than the Board of Commissioners to make that appointment.
Chairman Miller reappointed himself to continue to serve as a member of Social Services Board.
A public hearing will be held Tuesday, June 19, 2012, at 6:00 P.M. to allow citizen comment on proposed fire district boundary changes involving Stewart Simmons, Deep Gap, and Boone districts.
Public Comment
Chairman Miller reviewed the following policy for public comment speakers:
§ The Board does hereby establish a time period of sixty (60) minutes, for an open forum, at the end of its second regular meeting in each month to hear citizen comments.
§ Length of comment for each speaker may be limited to 2-5 minutes as decided per meeting.
§ Comments are to be directed to the Board as a whole. The forum is intended to provide the Board of Commissioners an opportunity to hear citizens. It is not intended to subject the Board to answering impromptu questions. Citizens will be expected to be civil in their language and presentation and not to engage in slander or name-calling.
§ During the 60 minute open forum, speakers should not discuss any of the following:
a. Matters which concern the candidacy of any person seeking public office, including of the person addressing the Board;
b. Matters in current or anticipated litigation.
The following citizens shared their comments:
Mr. Edwin Gayle Henson continued comments from the earlier public hearing regarding the old high school demolition
Mr. Max Gregory commented that he disagreed with procedures concerning the old high school property.
Ms. Deborah Greene continued comments from the earlier public hearing regarding the old high school demolition.
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-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
Commissioner Futrelle, seconded by Chairman Miller, moved to resume the open meeting at 10:15 A.M.
VOTE: Aye-4(Miller, Gable, Deal, Futrelle)
Nay-0
Absent-1(Blust as excused)
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