MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 7, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, August 7, 2012, at 8:00 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: 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
[Clerk’s Note: Chairman Miller and Commissioner Futrelle were not in attendance due to prior commitments.]
Vice-Chairman Gable called the meeting to order at 8:03 A.M. and took a moment to reflect upon the recent tragedy in our County, which resulted in a fallen Officer, and announced that more formal recognition of Deputy William R. Mast, Jr.’s service to the County would be taken at a future meeting.
Commissioner Blust opened the meeting with a prayer and Vice-Chairman Gable led the Pledge of Allegiance.
Approval of Minutes
Vice-Chairman Gable called for additions and/or corrections to the July 24, 2012, regular meeting and closed session minutes.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the July 24, 2012, regular meeting minutes as presented.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Commissioner Deal, seconded by Commissioner Blust, moved to approve the July 24, 2012, closed session minutes as presented.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the August 7, 2012, agenda.
County Manager Geouque requested to delete Personnel Matters from closed session. County Attorney Eggers requested to add time for possible action after closed session.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the August 7, 2012, agenda as amended.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Proposed Amendments to the Watauga County Emergency Operations Plan
Mr. Jeff Virginia, Director of Communications and Emergency Services, presented proposed amendments to the Watauga County Emergency Operations Plan. The major change was identifying that communication operations is no longer a branch of the Sheriff’s Office and is now a part of the Communications and Emergency Services Department which reports directly to the County Manager. Blowing Rock Communications was also eliminated from the Plan as it had been consolidated with Watauga County through the newly developed Communications and Emergency Services Department.
Mr. Virginia stated that his Department is still in the process of updating the County’s emergency contact information as well as the media list.
County Attorney Eggers stated that the information provided is consistent with the authority to enter into the Plan.
Vice-Chairman Gable tabled consideration of the Watauga County Emergency Operations Plan until the August 21, 2012, meeting to allow time for all contact information to be updated as well as the correct current population.
Maintenance Matters
A. Award of Architectural Services for Aquatic Center Repair Project
Mr. Robert Marsh stated that in 2010 Sutton-Kennerly & Associates Engineers provided a list of repairs to address various building deficiencies at the aquatics center. As a result, funds were budgeted in Fiscal Year 2013 to repair the skylights over the swimming pool. An architect was required to design the custom skylights and ensure their compliance with the wind zone.
The original architect, Innovative Design, who designed the energy upgrades in the 1990's, has provided options for restoring or replacing the skylights. Mr. Marsh recommended Innovative Design for this project based on their knowledge and familiarity with the aquatic center.
If chosen, Innovative Design had plans to visit the site and prepare a recommendation outlining the best alternative to restore or replace the skylight units as well as provide construction documents. Estimates for the entire project ranged from $33,471 to $65,795 depending upon the scope of repairs needed. $75,000 is budgeted in Fiscal Year 2013 for this project.
County Attorney Eggers stated that North Carolina G. S. 143-64.32 requires the use of the Qualifications-Based Selection (QBS) process for procurement of professional services performed by architects, engineers, surveyors, and construction managers at risk unless the Board exempts itself.
Staff requested the Board hire Innovative Design to restore/replace the skylights at the aquatic center and exempt the project from the QBS process based on the firm’s knowledge and previous experience regarding the design work at the center.
Commissioner Blust, seconded by Commissioner Deal, moved to award architectural services to Innovative Design for the restoration and/or replacement of the skylights at the aquatic center and exempt the project from the Qualifications-Based Selection due to the firm’s knowledge and previous experience regarding the design work at the center.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
B. Change Order Request for Demolition of the Old High School
Mr. Marsh presented a change order request for the old Watauga High School demolition project in the amount of $37,338. The change order was due to additional asbestos being encountered over the original bid and contracted amount as follows: 9,346 sq. ft. of floor tile and mastic, 100 sq. ft. of sink mastic, 200 sq. ft. of cooler ceiling plaster, and 30 sq. ft. of vibration dampeners. Approval of this change order would leave $62,662 remaining in the contingency to cover any additional issues that may arise.
Commissioner Deal, seconded by Vice Chairman Gable, moved to approve the change order from NEO Corporation in the amount of $37,338 for additional asbestos abatement for the old high school demolition project with funds to be allocated from the project’s contingency.
VOTE: Aye-2(Gable, Deal)
Nay-1(Blust)
Absent-2(Miller, Futrelle)
Tax Matters
A. Monthly Collections Report
Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of July 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 July 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 July 2012, as presented.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
C. Annual Settlement of Tax Collector
Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Deal, seconded by Commissioner Blust, moved to approve the Annual Settlement Statements for Fiscal Year 2012.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
D. Oath to Collect Taxes
Mr. Byrd presented a proposed order granting authorization to collect taxes for Fiscal Year 2013. Once approved, a sworn oath was to be administered to Tax Administrator Byrd.
Commissioner Blust, seconded by Commissioner Deal, moved to grant authorization for Tax Administrator Byrd to collect taxes for Fiscal Year 2013.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Miscellaneous Administrative Matters
A. Clarification of EMS Advisory Committee Appointments
County Manager Geouque stated that the EMS Advisory Committee was created as a part of the Watauga County Ambulance Franchise Ordinance. The purpose of the Committee is to advise the County on matters related to the enforcement of the Ordinance and recommend standards of care, policies, procedures, and actions that would improve and enhance the quality of emergency services.
The Committee is comprised of representatives of various agencies involved in assisting and providing medical services to the community. Upon initial adoption of the committee, names of the representatives were also approved by the Board. The EMS Advisory Committee requested clarification that the membership be identified by each agency or its designee and not by specific member names. This would allow the Committee to be consistent with the newly adopted Emergency Services Committee and also provide flexibility should a designated member not be able to attend. The County Manager stated that the EMS Committee requested authorization to select the one to two (1-2) At-Large Appointee(s) and the one (1) First Responder from a geographic area not covered by the listed representatives.
The County Manager requested clarification that appointments to the EMS Advisory Committee be based on the agency or its designee as listed in the Ambulance Franchise Ordinance:
· Representative of Appalachian Regional Healthcare System
· Representative of Boone Fire and Rescue Department
· Representative of Blowing Rock Rescue Squad
· Representative of Watauga Rescue Squad
· Representative of Franchisee
· Medical Director
· County Manager
· Fire Commission Chairman or Designee
· Representative of Emergency Communications
· 1-2 At-Large Appointee(s), from geographic areas not covered by the above representatives
· 1 First Responder, from geographic areas not covered by the above representatives
County Attorney Eggers stated that, as this was a clerical clarification, an amendment to the Ambulance Franchise Ordinance was not required.
Commissioner Blust, seconded by Commissioner Deal, moved to clarify that the EMS Advisory Committee membership be identified by each agency or its designee as follows: Representative of Appalachian Regional Healthcare System, Representative of Boone Fire and Rescue Department, Representative of Blowing Rock Rescue Squad, Representative of Watauga Rescue Squad, Representative of Franchisee, Medical Director, County Manager, Fire Commission Chairman or Designee, Representative of Emergency Communications, one to two (1-2) At-Large Appointee(s), from geographic areas not covered by the above representatives, and one (1) First Responder, also from geographic areas not covered by the above representatives with the At-Large Appointee(s) and the First Responder to be appointed by the EMS Advisory Committee.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
B. Appointment of Voting Delegate at the North Carolina Association of County Commissioners (NCACC) Annual Conference
County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 16-18, 2012, in Wake County. Each county in attendance is required to select a voting member for representation at the annual business meeting which is conducted as a part of the conference.
Commissioner Blust, seconded by Commissioner Deal, moved to appoint the County Manager as Watauga County’s voting delegate for the business meeting at the NCACC Annual Conference unless Chairman Miller or Commissioner Futrelle planned to attend and agreed to be the voting delegate.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
C. Boards and Commissions
County Manager Geouque stated that per the bylaws of the Region D Development Corporation, each county was required to annually appoint four persons to serve as members of the Development Corporation Board. Representative categories are local government (1), private lending institution (1), and community organization or a business organization (2).
At the July 24, 2012, meeting, Mr. John Spear was appointed, as the Watauga County Local Government Representative. Consideration of the remaining three appointments was tabled to allow time for verification of the eligibility of representation.
The County Manager stated that Mr. Brian Crutchfield, current Community Organization Representative, remains eligible through his service as a member of the Watauga County Community Foundation and the Rotary Club; Mr. Jim Furman, current Business Organization Representative, remains eligible as a local business owner; and Mr. Brian Riggins, current Private Lending Institution Representative, remains eligible as a resident of Watauga County and employee of a lending institution, First Citizens Bank. Mr. Riggins works at the Bank in Wilkes County; however, he had expressed interest in continuing to represent Watauga County on the Development Corporation Board if so appointed.
Commissioner Blust, seconded by Commissioner Deal, moved to reappoint the following as Watauga County representatives to the Region D Development Corporation Board: Mr. Brian Crutchfield as the Community Organization Representative, Jim Furman as the Business Organization Representative, and Mr. Brian Riggins as the Private Lending Institution Representative.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
D. Announcements
County Manager Geouque made the following announcements:
· The North Carolina Association of County Commissioners' (NCACC) 105th Annual Conference is scheduled for August 16-18, 2012, in Wake County.
· The High Country Council of Governments’ Annual Banquet is scheduled for Friday, September 7, 2012, at Linville Ridge.
· An Interlocal Governmental Retreat was scheduled for Thursday, September 13, 2012, at 5:00 P.M.; however, due to a conflict with that date, it will be rescheduled with a new date for the meeting to be announced when available.
Public Comment
There was no public comment.
Closed Session
At 8:37 A.M., Commissioner Deal, seconded by Commissioner Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Commissioner Deal, seconded by Commissioner Blust, moved to resume the open meeting at 8:55 A.M.
VOTE: Aye-3(Gable, Blust, Deal)
Nay-0
Absent-2(Miller, Futrelle)
Action After Closed Session
There was no action taken after closed session.
Adjourn
Vice-Chairman Gable adjourned the meeting at 8:55.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board