MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 24, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 24, 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
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Commissioners Deal and Futrelle were absent due to prior commitments.]
Chairman Miller called the meeting to order at 5:33 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 June 19, 2012, regular meeting and closed session minutes.
Chairman Miller stated that he had abstained from the following motion and requested the minutes reflect such:
“Vice-Chairman Gable, seconded by Commissioner Deal, moved to approve the transfers of properties from the Stewart Simmons Fire District to the Deep Gap Fire District, from the Meat Camp Fire District to the Deep Gap Fire District, and from the Deep Gap Fire District to the Meat Camp Fire District as presented.”
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Chairman Miller tabled consideration of the June 19, 2012, closed session minutes until after closed session to allow time for review of proposed amendments.
Approval of Agenda
Chairman Miller called for additions and/or corrections to the July 24, 2012, agenda.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the July 24, 2012, agenda as presented.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Sheriff’s Office Proposed Legal Services Contract Renewal with Smith, Rodgers & Strickland (SR&S)
On behalf of the Sheriff who had a prior commitment, County Manager Geouque presented a contract for legal services to be provided to the Sheriff’s Office by Smith, Rodgers & Strickland (SR&S) in addition to the services provided by the County Attorney. According to the Sheriff, SR&S had provided timely information, opinions and in-service training to his Office in the past and funds were budgeted to cover the expense.
Discussion was held regarding the necessity of paying for additional legal services above and beyond those paid to the County Attorney. Vice-Chairman Gable stated that legal services for a law enforcement agency were often intense and needed to be readily available when requested.
County Attorney Eggers stated that he was comfortable and available to handle legal issues as they arose from the Sheriff’s Office; however he would support a decision to utilize SR&S’s services as well.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to utilize the County Attorney for legal services needed by the Sheriff’s Office and revisit the issue in the future if needed.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Hunger and Health Coalition Paving Request
Ms. Jean Brooks, Chair of the Hunger and Health Coalition Board of Directors, requested the County, as owner of the old health department property, repair Health Center Drive which services the Hunger and Health Coalition, Caldwell Community College, and the non-profit agencies that sub-lease space from the Coalition in the Hannah Building.
County Manager Geouque stated that, in November 2011, Ms. Compton Fortuna, Executive Director of the Coalition, had made similar request with an estimate submitted to repave the road in the amount of $17,335 which included $2,860 for pothole repair. The County leased the property to the Hunger and Health Coalition at a rate of $1 per year with the Coalition responsible for maintenance and repairs. The County did provide property and liability and flood insurance for the facility.
After discussion was held, Ms. Brooks stated that the Coalition would bring a more detailed request with updated estimates to the Board at a future meeting.
Planning and Inspection Matters
A. Proposed NC Rural Center Grant Application
Mr. Joe Furman, Planning and Inspections Director, presented a request to submit a grant application to the NC Rural Economic Development Center on behalf of Mr. Sean Spiegelman, owner of Appalachian Mountain Brewery (AMB), for funding in the amount of $80,000 from the Building Reuse and Restoration Program. The funds would be used to renovate the building located at 163 Boone Creek Drive which will be AMB’s facility. Mr. Furman stated that this was the same grant program that was utilized by Aaron’s located on Highway 105 Extension. That grant was successfully closed-out upon completion of all terms being met.
AMB committed, through the grant application, to the creation and maintenance of 10 jobs and to providing to the County the funds for the required 5% ($4,000) cash match. Chairman Miller requested assurance that AMB and/or the owners would be responsible for the repayment of any grants funds that may be required due to the failure to meet the grant commitments as stated. The application deadline was August 24, 2012, with notices of award to be made by October 15, 2012.
Vice-Chairman Gable, seconded by Chairman Miller, moved to authorize the submission of the grant application to the NC Rural Economic Development Center on behalf of Appalachian Mountain Brewery in the amount of $80,000 contingent upon Appalachian Mountain Brewery providing to the County the funds for the required $4,000 cash match and contingent upon the County Attorney’s review of the application.
VOTE: Aye-2(Miller, Gable)
Nay-1(Blust)
Absent-2(Deal, Futrelle)
Planning and Inspection Matters
B. Community Development Block Grant (CDBG) Scattered Site Housing Program Matters
1. 2009 Program Close Out Public Hearing Request
2. 2012 Program Public Hearing Request
Mr. Furman requested the Board schedule two required public hearings on August 21, 2012, as associated with the Community Development Block Grant (CDBG) Scattered Site Housing Program (SSHP). The first would allow citizen comment regarding the closeout of the current 2009 Scattered Site Housing Program (SSHP). The second was required to begin the process of the 2012 Scattered Site Housing Program (SSHP). Applications for the 2012 Program were due October 17, 2012.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to schedule a public hearing at 6:00 P.M. on August 21, 2012, to allow citizen comment on the closeout of the Community Development Block Grant 2009 Scattered Site Housing Program.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Commissioner Blust, seconded by Vice-Chairman Gable, moved to schedule a public hearing at 6:00 P.M. on August 21, 2012, to allow citizen comment regarding the start-up of the Community Development Block Grant 2012 Scattered Site Housing Program.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Planning and Inspection Matters
B. Community Development Block Grant (CDBG) Scattered Site Housing Program Matters
3. 2012 Program Proposed Committee Appointments
Mr. Furman stated that the Community Development Block Grant (CDBG) Scattered Site Housing Program (SSHP) required the County to appoint a committee to help establish polices and select the recipients for housing assistance through the program. The 2009 Scattered Site Housing Program Committee consisted of:
Jim Atkinson Director, Watauga County Department of Social Services
Scott Eggers Watauga Community Housing Trust Fund
Margie Mansure NC Cooperative Extension (Watauga County)
Compton Fortuna Director, Watauga County Hunger and Health Coalition
Kevin Rothrock Planner, Town of Blowing Rock
Angie Boitnotte Director, Watauga County Project on Aging
Andy Blethen Environmental Health Director, App. Dist. Health Dept.
Loretta Clawson Mayor, Town of Boone
Angela Miller Director, W.A.M.Y. Community Action
Tony Caito Director, Watauga County Habitat for Humanity
Danny Staley Director, Appalachian District Health Department
Mr. Furman stated that neither Ms. Miller, Mr. Caito, nor Mr. Staley were currently with the organizations as listed and further stated that the appointments to the 2012 Committee could be the Director (or their designee) for each of the agencies listed above.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to appoint the Directors, or their designee, representing of each of the agencies listed above as the 2012 Scattered Site Housing Committee.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of June 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 June 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the Refunds and Releases Report for June 2012, as presented.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
|
103300-349909 |
NC Lottery Funds |
|
$850,000 |
|
105911-470006 |
Cove Creek Roof Replacement |
$850,000 |
|
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The amendment recognized the July 2, 2012, notice of award of NC Lottery funds applied for by the Watauga County Board of Education after Board of Commissioner approval of the application on March 17, 2012. |
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Account # |
Description |
Debit |
Credit |
|
103300-349909 |
NC Lottery Funds |
|
$106,588 |
|
105911-470009 |
Hardin Park Boiler Replacement |
$35,175 |
|
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105911-470010 |
Green Valley Parking Lot Paving |
$71,413 |
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The amendment appropriated NC Lottery Funds awarded in Fiscal Year 2011 for unfinished Watauga County Board of Education projects which were expected to be completed in the first quarter of Fiscal Year 2013. |
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Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Public Hearing to Allow Citizen Comment on the County’s Solid Waste Management Plan Update
Chairman Miller declared the public hearing open at 6:08 P.M. to allow citizen comment on the proposed changes to the Watauga County Solid Waste Management Plan.
Mr. J. V. Potter, Operation Services Manager, stated that every three (3) years, the County was required by the State to update the Solid Waste Management Plan and hold a public hearing as part of the update process. The updated plan, which included a change to who hauled the Town of Blowing Rock’s recycling, had been publicized and was presented to the Board for review.
Chairman Miller congratulated Mr. Potter along with the County’s Recycling Manager, Lisa Doty, upon being named 6th in the State of North Carolina for the County’s recycling efforts.
There being no public comment, Vice-Chairman Gable, seconded by Commissioner Blust, moved to close the public hearing at 6:10 P.M.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the 2012 Watauga County Solid Waste Plan as presented.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Miscellaneous Administrative Matters
A. Request to Surplus Property Acquired from the New River Service Authority
County Manager Geouque stated that the County recently acquired two properties as a result of foreclosures against the New River Service Authority. The New River Service Authority (NRSA) approved a resolution requesting a Future Advance Deed of Trust from the County in September of 2011. The Deed of Trust was secured by two tracts including land and buildings located in Watauga County. The amount secured by the Deed of Trust was 50% of the total tax value of the two tracts bringing the maximum amount available for allocation to $477,600. NRSA was unable to repay the loan and thus the properties were offered at public sale in which the County was the highest bidder in the amount of $454,000.
The Oak Street property was valued at $371,200 (Land: $201,300/Building: $169,900) and the Shadowline property was valued at $584,200 (Land: $386,000/Building: $198,200). Should the Board wish to sell the properties, the first step would be to surplus them and then decide whether to sell them individually or together.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to declare the following two properties, including any structures located on them, as surplus: one lot located at the intersection of Oak Street and Pine Street in the Town of Boone, NC, Parcel ID 2910-16-1829-000 in the Watauga County tax maps and a 0.596 acre tract located on the Southwest side of the State Farm Road and on the Northwest side of the Shadowline Road in the Town of Boone, NC, Parcel ID 2910-53-4544-000 in the Watauga County tax maps.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
County Manager Geouque stated that a determination declaring the method of sale for the properties would need to be made and presented a proposed resolution that would be required should the Board choose to utilize GovDeals as has been done in the past.
County Attorney Eggers stated that three options were available: an electronic auction through GovDeals, holding a public auction on the Courthouse steps, or through a negotiated bid process with the properties to be ultimately sold through an upset bid process.
Discussion was held through which, by consensus, the Board agreed to have the County Manager list Notices of Sale for each of the properties, individually, and, then, if no offers were received after a few months, the Board could consider the other options available.
After discussion regarding the listing amounts for the properties, Commissioner Blust, seconded by Chairman Miller, moved to direct the County Manager to list the Shadowline Road property (Parcel ID 2910-53-4544-000) for sale in the amount of $625,000 and the Oak Street property (Parcel ID 2910-16-1829-000) for sale in the amount of $425,000.
VOTE: Aye-2(Miller, Blust)
Nay-1(Gable)
Absent-2(Deal, Futrelle)
County Attorney Eggers stated that the County Manger could use his discretion to determine the appropriate time to bring any negotiated offers to the Board for consideration. The County Attorney also stated that any issues, such as a commission fee for realtors, could be negotiated when considering an offer; however, once an offer went to the upset bid process, those terms would have to remain consistent with each upset bid received.
B. 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 each May to appoint four persons to serve as members of the Development Corporation each year. Representative categories were local government (1), private lending institution (1), and community organization or a business organization (2).
The following were current appointees representing Watauga County: Mr. Fowler Cooper (Local Government); Mr. Brian Crutchfield (Community Organization); Mr. Jim Furman (Business Organization); and Mr. Brian Riggins (Private Lending Institution).
The County Manger stated that Mr. Cooper was no longer eligible as a local government representative. The government representative could be from any elected or appointed local government official within the County. Therefore, staff recommended Mr. John Spear with the Watauga County Planning and Inspections Department, to fill the local government vacancy. This was a first reading for consideration of Mr. Spear; however, it was a second reading for the remaining three.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to waive the second reading and appoint Mr. John Spear as the Local Government representative for Watauga County to the Region D Development Corporation.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
The Board tabled consideration of the remaining three appointments to allow time for verification that they were still eligible representatives as listed.
County Manager Geouque stated that Ms. Julie Wiggins, Regional Ombudsman with the High Country Council of Governments, requested that Ms. Evelina Idol be considered for reappointment to the Watauga County Adult Care Home and Community Advisory Committee. Ms. Idol had indicated that she was willing to continue to serve, if so appointed. Her current term expired June 17, 2012.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to waive the second reading and reappoint Ms. Evelina Idol to the Watauga County Adult Care Home and Community Advisory Committee.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
C. Announcements
County Manager Geouque announced the following:
· The County recently closed on the refinancing of the high school loan. The County netted a total savings of $2.7 million with an average annual savings of $170,000.
· The North Carolina Association of County Commissioners' (NCACC) 105th Annual Conference was scheduled for August 16-18, 2012, in Wake County.
· The High Country Council of Governments’ Annual Banquet was scheduled for Friday, September 7, 2012, at Linville Ridge.
Public Comment
There was no public comment.
Closed Session
At 6:35 P.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) and Personnel Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Commissioner Blust, seconded by Vice-Chairman Gable, moved to resume the open meeting at 7:12 P.M.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Action After Closed Session
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the June 19, 2012, closed session minutes as amended.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Adjourn
Commissioner Blust, seconded by Vice-Chairman Gable, moved to adjourn the meeting at 7:13 P.M.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-0
Absent-2(Deal, Futrelle)
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board