MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 18, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 18, 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
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 5:31 P.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 August 21, 2012, regular meeting and closed session minutes.
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the August 21, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the August 21, 2012, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the September 18, 2012, agenda.
County Manager Geouque requested to add a proposed proclamation honoring Ms. Donna Lyons as she plans to retire as the Veteran’s Service Officer effective October 1, 2012. The County Manager also requested to remove Personnel Matters from the closed session as discussion under that topic was no longer needed.
Commissioner Blust, seconded by Commissioner Deal, moved to approve the September 18, 2012, agenda as amended.
VOTE: Aye-5
Nay-0
Proposed Proclamation Honoring Watauga County Veteran’s Service Officer Donna Lyons
Chairman Miller read a proposed proclamation honoring Watauga County Veteran’s Service Officer, Donna Lyons, upon her upcoming retirement, effective October 1, 2012.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to adopt the proclamation honoring Donna Lyons as presented.
VOTE: Aye-5
Nay-0
Chairman Miller formally presented Ms. Lyons with the proclamation.
Proposed Resolution Requesting The Naming Of NC 194 Scenic Byway From Valle Crucis To The Avery County Line In Honor Of Ed Yates
Mr. Ralph Yates requested the Board’s consideration in supporting a request to the North Carolina Department of Transportation to rename NC 194 Scenic Byway from Valle Crucis to the Avery County line in honor of Ed Yates, who assisted in the construction of many area roads by operating a steam shovel.
As the Department of Transportation requests proof of public support when making such a request, Chairman Miller tabled further discussion until the Tuesday, October 16, 2012, Board meeting at which time will be provided on the agenda to allow for public comment regarding the request.
Acceptance of Adult Drug Court Discretionary Grant Program Funds – Mediation and Restorative Justice Center
Ms. Melissa Johnson, Executive Director of the Mediation and Restorative Justice Center, requests the Board accept a grant award from the Office of Justice Programs in the amount of $91,629 from the Adult Drug Court Discretionary Grant Program. The grant requires a match of approximately $30,543 over a two year period with funding provided by the ABC Bottle Tax monies. The grant, in a total amount of $122,172, will be used to fund the Watauga County Drug Treatment Court Program. Ms. Johnson also presented a contract between the County and Mediation and Restorative Justice Center as the County will serve as the fiscal agent for the grant.
Commissioner Deal, seconded by Commissioner Blust, moved to accept the grant from the Office of Justice Programs in the amount of $91,629 and approve the $30,543 County match, to be provided by the ABC Bottle Tax revenues.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Blust, moved to approve the agreement between the County and the Mediation and Restorative Justice Center as presented.
VOTE: Aye-5
Nay-0
Proposed Resolution Endorsing the Designation of US 421 As A Strategic Highway Corridor and Intrastate Trust Fund Project
Mr. Craig Hughes, Planner, with High Country Council of Governments presented a resolution requesting the change of designation of a Strategic Highway Corridor and Intrastate Highway Trust Fund Project from US 321, from Vilas to Tennessee, to US 421, from Vilas to Tennessee. US 321 was originally chosen because the State of Tennessee had indicated that they planned to widen US 321 to the state line at an earlier time than they planned to widen US 421 to the state line.
This recommendation was endorsed by the Watauga County Comprehensive Transportation Plan Steering Committee with the determination that US 421 from Vilas to Tennessee was better suited as a Strategic Highway Corridor and Intrastate Highway Trust Fund project than US 321 from Vilas to Tennessee. The cost of the US 421 project, projected at $67,900,000 was much less that the cost of the US 321 project which was projected at $132,900,000.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adopt the Resolution Endorsing the Designation of US 421 as a Strategic Highway Corridor and Intrastate Trust Fund Project as presented.
VOTE: Aye-5
Nay-0
Board of Education Request for Lottery Funds
Ms. Ly Marze, Watauga County Schools Finance Officer, presented a request for approval of four Education Lottery Fund applications in which a total amount of $79,400 was sought for various elementary school Capital Improvement Projects as listed below:
· Replace carpet and floor tiles in classrooms at Green Valley, Hardin Park, Mabel, and Parkway Schools in the amount of $38,400 with the project estimated to begin in November 2012 and end in January 2013.
· Restroom renovations at Green Valley School in the amount of $10,000 with the project to begin in November 2012 and end in January 2013.
· Installation of a drop ceiling at Blowing Rock School in the amount of $10,000 with the project to begin in November 2012 and end in January 2013.
· Cafeteria updates at Cove Creek and Bethel Schools in the amount of $21,000 with the project to begin in September 2012 and end in May 2013.
Dr. David Kafitz, Watauga County Schools Superintendent, gave a brief update on the Valle Crucis School ceiling repair project.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the Education Lottery Fund applications for the Capital Improvement Projects as presented by Ms. Ly Marze.
VOTE: Aye-5
Nay-0
Sanitation Matters
A. Bid Award Request for Landfill Forklift
Mr. J. V. Potter, Operations Services Director, state that the County recently received a grant for $14,200 from the North Carolina Department of Environment and Natural Resources to assist in the replacement of a forklift used in the recycling center. The following bids were received:
Vendor Amount
Vesco Toyotalift $31,631.55
Liftone $33,956.36
Dougherty Equipment $45,245.40
Mr. Potter stated that staff recommended the Board approve the lowest bid submitted by Vesco Toyotalift in the amount of $31,631.55. Funds for the remaining $17,431.55 needed in addition to the $14,200 grant were available in the Sanitation Department budget.
Commissioner Deal, seconded by Commissioner Blust, moved to award the bid for the purchase of a new forklift to Vesco Toyotalift in the amount of $31,631.55 with funds to be allocated as presented.
VOTE: Aye-5
Nay-0
B. Bid Award Request for Paving Repairs at the Hannah Building
County Manager Geouque stated that at the August 21, 2012, Board meeting, staff was given direction to assist the Hunger and Health Coalition in securing pricing for driveway repairs and the potential to utilize County staff to reduce the cost. The County solicited four (4) paving contractors for the repairs with bids received as listed below:
Vendor Option #1 Option # 2 Option #3
Moretz Paving $6,700.00 $9,976.00 $12,500.00
Tri-County $11,619.92 $ $15,497.18
Champion Paving Co. $6,708.00, $10,393.00 $17,856.00
Carl Rose & Son No Bid No Bid No Bid
Contractors were requested to provide the following three (3) options: Option 1 was to dig out and patch the five (5) pothole areas; Option 2 was to dig out and patch the five (5) pothole areas and tar and gravel the driveway; Option 3 was to dig out the entire driveway and replace with two (2) inch pavement. In addition to these options, County staff recommended that the portion of the driveway that was being utilized as a log lot, firewood drop-off, not be repaved but rather graveled to accommodate the weight loads of the wood. If approved, graveling the log lot would add an additional $1,200 to each of the options. If County equipment and staff were utilized for the project, cost reductions would be reduced by $600 for Option 1 and 2 and $1,050 for Option 3.
County Manager Geouque stated that staff agreed with the Board’s previous concern that patching only the pothole areas was not the ideal fix and, therefore, recommended Option 2 or 3, if the Board chose to proceed with the project. The County Manager further recommended not utilizing County staff nor equipment as it could compromise the liability of the contracted work should problems arise.
Commissioner Deal, seconded by Commissioner Futrelle, moved to award Moretz Paving’s Option #3 bid in the amount of $12,500, and to authorize $1,200 to gravel the log lot with all funds to be allocated from the Administration Contingency budget line for driveway repairs at the County-owned Hannah Building.
VOTE: Aye-5
Nay-0
Public Hearings to Allow Citizen Comment
A. Community Development Block Grant (CDBG) Applications for Housing Rehabilitation
1. Scattered Site Housing Program
2. NC Catalyst Program
Commissioner Deal, seconded by Commissioner Blust, moved to declare the public hearing open at 6:13 P.M. to allow citizen comment on Community Development Block Grant (CDBG) applications for both the Scattered Site Housing Program and the NC Catalyst Program.
VOTE: Aye-5
Nay-0
The public hearing in regards to the NC Catalyst Program will be the first of the two required hearings. Upon completion of the second public hearing scheduled for October 16, 2012 the Board will be requested to submit an application for funding.
Ms. Michelle Ball with High Country Council of Governments requested authorization for the County to apply for the 2012 Community Development Block Grant funds in the Scattered Site Housing category in the amount of $225,000, which were non-competitive funds, and in the NC Catalyst category in the amount of $175,000, which were competitive funds and may or may not be awarded. The CDBG funds would be used to rehabilitate houses occupied by very low-income households in Watauga County.
Ms. Ball stated that this was the second of two required public hearings for the Scattered Site Housing category and, therefore, requested authorization to submit the application. The second required public hearing for the NC Catalyst Program category was scheduled for Tuesday, October 16, 2012, at 6:00 P.M.
There being no public comment, Chairman Miller declared the public hearing closed at 6:17 P.M.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to authorize the submission of the Scattered Site Housing grant application in the amount of $225,000 as presented by Ms. Ball.
VOTE: Aye-5
Nay-0
B. Proposed Amendments to the Watauga County Ordinance to Regulate Installation and Maintenance of Electronic Access Gates for Gated Communities
Vice-Chairman Gable, seconded by Commissioner Blust, declared the public hearing open at 6:18 P.M. to allow citizen comment on the proposed amendments to the Watauga County Ordinance to Regulate Installation and Maintenance of Electric Access Gates for Gated Communities.
VOTE: Aye-5
Nay-0
Mr. Joe Furman, Planning and Inspections Director, reviewed the changes as proposed by himself and the County Attorney. Mr. Furman stated that the amendments included two technical changes and the addition of Section 100.04 which allowed for an appeal process.
There being no public comment, Chairman Miller closed the public hearing at 6:20 P.M.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to adopt the amended ordinance as presented.
VOTE: Aye-5
Nay-0
C. Proposed Amendments to the Ordinance to Regulate Wireless Communication Towers in Watauga County
Vice-Chairman Gable, seconded by Commissioner Blust, declared the public hearing open at 6:20 P.M. to allow citizen comment on a proposed amendment to the Watauga County Ordinance to Regulate Installation and Maintenance of Electric Access Gates for Gated Communities.
VOTE: Aye-5
Nay-0
Mr. Joe Furman, Planning and Inspections Director, reviewed the amendment to Article 4 Section A. 10. of the ordinance which was needed to incorporate recent and future changes to applicable federal and state standards. Mr. Furman stated that the amendments included two technical changes and the addition of Section 100.04 which allowed for an appeal process.
There being no public comment, Chairman Miller closed the public hearing at 6:21 P.M.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to adopt the amended ordinance as presented.
VOTE: Aye-5
Nay-0
Public Hearing Request to Allow Citizen Comment on Proposed Amendments to the Valle Crucis Historic District Ordinance
Mr. Furman requested the Board schedule a public hearing for the October 16, 2012, meeting to consider proposed amendments to the Valle Crucis Historic District Ordinance as recommended by the Valle Crucis Historic Preservation Commission. A public hearing was required to be called by the Board of Commissioners to amend the ordinance and a recommendation was needed from the Planning Board before any formal action could be taken. Mr. Furman stated that the Planning Board would meet on October 15, 2012, to consider the amendments and would have a recommendation to present at the public hearing on October 16, 2012.
Commissioner Deal, seconded by Commissioner Blust, moved to schedule a public hearing at 6:00 P.M. on Tuesday, October 16, 2012, to allow citizen comment on the proposed ordinance amendments.
VOTE: Aye-5
Nay-0
Acceptance of Additional Appropriation of State Funds for Senior Centers
Ms. Angie Boitnotte announced that the Project on Aging’s two Senior Centers were eligible to receive an additional $15,670, in Senior Center funding from the North Carolina General Assembly and the North Carolina Division of Aging. With the designation of a Center of Excellence, the L.E. Harrill Senior Center was eligible for $11,753 and the Western Watauga Community Center for $3,917. The allocation required a 25% local match, in the amount of $5,224, which was currently available in the Agency’s budget.
Ms. Boitnotte commended Ms. Tabitha Thomas, Senior Center Director, for maintaining the Center of Excellence status which allowed the County to receive the additional funding allocation.
Commissioner Deal, seconded by Commissioner Futrelle, moved to accept the additional Senior Center funding and approve the local match as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Interim Tax Administrator Larry Warren presented the Tax Collections Report for the month of August 2012. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the following Refunds and Releases for August 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to approve the Refunds and Releases Report for August 2012, as presented.
VOTE: Aye-3(Miller, Blust, Gable)
Nay-0
Abstain-2(Miller, Deal)
[Clerk’s Note: Both Chairman Miller and Commissioner Deal abstained from action as each of their businesses was listed in the Refunds and Releases Report for August 2012.]
Miscellaneous Administrative Matters
A. Discussion to Schedule Joint Meeting with the Economic Development Commission (EDC)
County Manager Geouque requested potential dates available for a joint meeting with the Economic Development Commission to discuss potential uses of the old Watauga High School property.
After discussion, and by consensus, the Board offered the dates of either October 8 or 22, 2012, with the work session to be held from 4:30 to 6:00 P.M.
B. Proposed Renewal of Landfill Lease with Appalachian State University
Appalachian State University proposed a renewal of their current lease at the Watauga County Landfill for biofuel and methane research. The current lease expires May 12, 2013; however, ASU has requested a three (3) year renewal to become effective September 1, 2012. The County Attorney had reviewed the lease.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the lease renewal as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Proposed Paving Agreement with the NC Department of Transportation for the Meat Camp Volunteer Fire Department
County Manager Geouque stated that the Meat Camp Volunteer Fire Department was in the process of building a new fire station at which the NC Department of Transportation (DOT) had discretionary funds to assist in providing driveway connections. In order to be eligible for the DOT funds, the County and Fire Department must approve NC DOT’s Reimbursable Agreement. The maximum amount eligible for reimbursement was $25,000 with any additional amount over that to be covered by the Meat Camp Volunteer Fire Department.
Vice-Chairman Gable, seconded by Commissioner Deal, moved to approve the North Carolina Department of Transportation Reimbursable Agreement allowing $25,000 of DOT discretionary funds be used to assist in providing driveway connections at the new Meat Camp Volunteer Fire Department with the Fire Department to be responsible for any costs in addition to the $25,000.
VOTE: Aye-5
Nay-0
D. Boards and Commissions
County Manager Geouque stated that AppalCART had submitted the following nominations for appointment to their Board of Directors: Mr. John Dinkins as a user representative and Ms. Elaine Norris as the Human Service Agency Representative.
County Manager Geouque stated that Mr. Allen Culler’s term on the Valle Crucis Historic Preservation Commission (VCHPC) expires this month and he was willing to be reappointed for the 3 year term. The VCHPC is involved in the issuance of “Certificates of Appropriateness” pursuant to the Valle Crucis Historic District Ordinance. The Commission’s membership includes 3 residents of the historic district and 2 residents of the Valle Crucis community who are also members of the elected Valle Crucis Community Council. Mr. Culler’s seat is one of the 2 Community Council member seats. The VCHPC historically meets infrequently.
County Manager Geouque stated that Ms. Janet Miller’s term on the Watauga County Board of Adjustment expires in November and she is willing to be reappointed for the 3 year term. Ms. Miller is an at-large member and at-large members fill 2 of the 6 seats on the Board. The other 4 are filled by representatives of the zoned and watershed areas in the county. The Board of Adjustment historically meets infrequently.
All the above were first readings; therefore, action was not required at this time.
E. Announcements
County Manager Geouque made the following announcements:
· Caldwell Community College & Technical Institute’s Board of Trustees invites the Board of Commissioners to their Wednesday, September 19, 2012, Board meeting at 6:00 P.M. at the White Oak Road Campus.
· High Country Recreation will host a presentation on Tuesday, October 2, 2012, from 5:30 P.M. to 7:00 P.M., in the Hospital Theater area, conducted by Mr. Bob Conklin, CEO/President for the YMCA of Catawba Valley. The presentation will focus on how a YMCA provides year-round recreational opportunities and additional child care options for working parents.
· An Interlocal Governmental Retreat is scheduled for Thursday October 11, 2012, from 5:00 P.M. to 7:00 P.M. at the ASU Athletics Center. Craig Hughes with High Country Council of Governments and NCDOT planning staff will make presentations.
Public Comment
There was no public comment.
Closed Session
At 6:39 P.M., Commissioner Blust, seconded by Vice-Chairman Gable, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Chairman Miller, moved to resume the open meeting at 6:56 P.M.
VOTE: Aye-5
Nay-0
Action After Closed Session
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve two change orders, one in the amount of $12,500 for caulking the roof relief angles and one in the amount of $22,500 to fix issues with the tennis court area, for the new high school project.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the release of a portion of retained funds regarding the construction of the new high school to Vannoy Construction in the amount of $78,031.75.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Futrelle, seconded by Vice-Chairman Gable, moved to adjourn the meeting at 7:03 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board