MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 2, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 2, 2012, at 8:00 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan 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 8:09 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 September 18, 2012, regular meeting and closed session minutes.
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the September 18, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Gable, moved to approve the September 18, 2012, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Miller called for additions and/or corrections to the October 2, 2012, agenda.
County Manager Geouque stated that a second offer to purchase was received for the old high school property and requested to include it as a part of discussion under Item #4.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the October 2, 2012, agenda as amended.
VOTE: Aye-5
Nay-0
PROPOSED PURCHASE AND SALE AGREEMENTS FOR THE OLD WATAUGA HIGH SCHOOL PROPERTY
Chairman Miller stated that two offers had recently been received to purchase the old high school property currently owned by the County.
County Attorney Eggers stated that both offers would require amendments to meet statutory requirements and reviewed the process by which the properties could be sold. The County Attorney stated that the County could entertain any and all offers; however, if an offer was accepted, a five percent (5%) deposit had to be submitted to the Clerk to the Board. At a time when and if an offer was accepted the upset bid process would begin. The upset bid process includes advertising a Notice of Sale By Upset Bid in which a ten (10) day period is given to allow for upset bids to be received by the County. An upset bid would raise the bid amount (by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder) and meet the terms of the accepted offer. An additional ten (10) day upset bid period would be advertised until a time when no further qualifying upset bids were received. At that time, the highest qualifying bid would be presented to the Board. Throughout the process, the Board could accept or reject any and all bids.
Campus Crest Development, LLC, submitted an offer to purchase the County-owned, old high school property for $15,000,000. Mr. Rick Miller, listed as the buyer’s agent, requested a 10% commission. Campus Crest Development, LLC has requested a one hundred eighty (180) day inspection period of the property.
Mr. Miller stated that Campus Crest, a publically traded company, was willing to meet all statutory requirements regarding their offer. If purchased, the construction of a mixed use development including 250-500 residential units was planned. The proposal was not contingent upon financing and, if purchased, it was the intent to immediately begin developing the property upon issuance of all required permits. Mr. Miller stated that the amount of water reserved by the Town of Boone for the property exceeded the amount needed for their proposed development. Mr. Miller also stated that Campus Crest was aware that the County could not guarantee that traffic lights be reinstalled at the intersection of NC Hwy 105 and High School Drive as requested in the proposed offer.
Place Acquisitions, LLC, submitted an offer to purchase the County-owned, old high school property for $15,500,000. Mr. Tim Hagaman, listed as the seller’s agent, requested a six percent (6%) commission. Place Acquisitions also requested a one hundred eighty (180) day inspection period of the property.
Mr. Tony di Santi, Legal Counsel for Place Acquisition, LLC, a joint venture of Mr. Phillip Clark and Mr. Cecil Phillips, stated that Place Acquisition was willing to meet all statutory requirements regarding their offer as well. If purchased, the construction of a “Living Destination Community,” including mixed use and residential units, was planned. Even though a private development, Place Acquisition intended to include input from the Town of Boone and Appalachian State University as a part of their plan by potentially incorporating classroom space and possibly a conference center into their design.
Discussion was held regarding the two offers including the proposed purchase prices and contracts as well as the realtor’s agreements and proposed commissions. During discussions, Commissioner Deal stated that he preferred a purchase price amount of $20,000,000. Vice-Chairman Gable and Chairman Miller both stated that they would like to see a proposed purchase price of at least $16,500,000. The County Manager stated that the current Notice of Sale for the property designated that any realtor’s commission be split if the property was sold, as a part of the upset bid process, through an agent other than the agent who submitted the originally accepted offer. Also, Mr. Hagaman’s agreement had him listed as the seller’s agent. Since the Board had not intended to use a seller’s agent, Mr. Hagaman could amend his agreement to list him as the Buyer’s agent.
After discussion, the County Attorney stated that the Board could: direct him to work with counsel representing both offers to ensure that the offers met statutory requirements; accept or reject any or all of the offers as submitted; or send the offers back and request they be resubmitted.
After further discussion regarding the possibility of having the current offers resubmitted at the October 16, 2012, Board meeting, Vice-Chairman Gable, seconded by Commissioner Blust, moved to direct the County Attorney to work with those who make or resubmit offers to purchase the County-owned old high school property to meet the threshold purchase price of $16,500,000 and include standardized language ensuring that all statutory requirements are met.
VOTE: Aye-5
Nay-0
After further discussion regarding the realtor’s roles throughout the process, Commissioner Deal, seconded by Commissioner Blust, moved to recognize Mr. Rick Miller as the buyer agent associated with Campus Crest Development, LLC, and Mr. Tim Hagaman as the buyer agent associated with Place Acquisition, LLC.
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 September 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 September 2012 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Deal, seconded by Vice-Chairman Gable, moved to approve the Refunds and Releases Report for September 2012, as presented.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
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103586-332006 |
Senior Health Insurance Information Grant |
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$6,328 |
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105550-449901 |
SHIIP Program Supplies |
$6,328 |
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The amendment recognized a grant award for the Senior Health Insurance Information Program (SHIIP) from the NC Department of Insurance. No match was required. |
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Account # |
Description |
Debit |
Credit |
|
103586-332004 |
Senior Center Grant |
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$15,670 |
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105550-449900 |
Senior Center Grant |
$15,670 |
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The amendment recognized a grant award for Senior Center general purpose funding from the State. A County match of $5,224 was present in the Project on Aging’s FY 2013 budget. The award and match were approved at the September 18, 2012, Board meeting. |
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Account # |
Description |
Debit |
Credit |
|
103586-385505 |
Self-Supporting Class Fees |
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$14,000 |
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105550-469515 |
Self-Supporting Class |
$14,000 |
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The amendment recognized estimated revenue for Youth Services from State fund through a fully reimbursed Department of Social Services program. |
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Account # |
Description |
Debit |
Credit |
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103300-345000 |
ROAP Transporation Grant |
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$102,569 |
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104500-469843 |
AppalCART – RGP |
$60,580 |
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104500-469844 |
Employment |
$10,511 |
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105550-431301 |
POA-E&D |
$22,739 |
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104500-469846 |
Watauga Opportunities – E&D |
$8,739 |
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143300-345000 |
E&D Transportation Grant |
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$22,846 |
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145310-469845 |
E&D Transportation Grant |
$22,846 |
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The amendment recognized the award of the NC Public Transportation Division FY 2013 Rural Operating Assistance Program (ROAP) grant funds. |
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Account # |
Description |
Debit |
Credit |
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103586-332003 |
POA In Home Services |
$2,910 |
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105550-429200 |
Program Supplies |
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$2,910 |
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143531-323000 |
Admin Cost Reimbursements |
$2,910 |
|
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145310-439902 |
Purchased Services |
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$2,910 |
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The amendment recognized a reduction in a funding allocation from the State for In Home Services provided to Department of Social Services clients by POA programs and staff. |
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Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Resolution for Blue Star Memorial Highway Designation
County Manager Geouque presented a proposed resolution designating Highway 421 from the Wilkes County line to the Tennessee State line as a Blue Star Memorial Highway to honor all veterans and service men and women who have or will serve in the United States Armed Forces. The County Manager stated that Mr. Sam Halsey, Division 11 Representative with the North Carolina Board of Transportation, had requested the Board’s consideration of the resolution.
Commissioner Deal, seconded by Vice-Chairman Gable, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
B. Boards and Commissions
County Manager Geouque stated that AppalCART had submitted the following nominations for appointments to their Board of Directors: Mr. John Dinkins as the user representative and Ms. Elaine Norris as the Human Service Agency Representative.
Commissioner Blust, seconded by Commissioner Deal, moved to appoint Mr. John Dinkins, as the user representative, and Ms. Elaine Norris, as the Human Service Agency Representative, to the Board of Directors of AppalCART.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that Mr. Allen Culler’s term on the Valle Crucis Historic Preservation Commission (VCHPC) expired in September and he is willing to be reappointed for an additional three-year term. The County Manager explained that 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 was one of the 2 Community Council member seats.
Commissioner Deal, seconded by Commissioner Futrelle, moved to reappoint Mr. Allen Culler to Valle Crucis Historic Preservation Commission for a three-year term.
VOTE: Aye-5
Nay-0
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 an additional three-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.
Chairman Miller stated that an additional Volunteer Application had been submitted by Mr. Adam Rhyne who also was interested and willing to serve as an At-Large member of the Watauga County Board of Adjustments.
An appointment to the Board of Adjustment was tabled until a future meeting.
C. Announcements
County Manager Geouque announced the following:
· High Country Recreation will host a presentation on Tuesday, October 2, 2012, from 5:30 P.M. to 7:00 P.M., in the Watauga Medical Center auditorium, 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.
· A joint meeting is scheduled with the Watauga County Economic Development Commission to discuss potential use of the old high school property on Monday, October 8, 2012, from 4:30 P.M. until 6:00 P.M. in the Commissioners’ Board Room.
· 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. Discussion will also be held regarding consolidated dispatch.
· Two public hearings are scheduled for the Tuesday, October 16, 2012, Board meeting. The hearings will allow public comment regarding proposed amendments to the Valle Crucis Historic District Ordinance and the submission of an application for the Community Development Block Grant NC Catalyst Program of which funds, if received, will be used for the rehabilitation of local homes.
· A public comment period will also be placed on the October 16th agenda to hear comments regarding a recent request to rename a portion of the NC 194 Scenic Byway in Valle Crucis in honor of Mr. Ed Yates.
PUBLIC COMMENT
Dr. Carrie Bush, ASU Associate Professor, introduced a group of students in attendance from a State and Local Government Class with the ASU Department of Government and Justice.
CLOSED SESSION
At 9:09 A.M., Commissioner Blust, 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 Blust, seconded by Commissioner Futrelle, moved to resume the open meeting at 9:32 A.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Deal, seconded by Commissioner Blust, moved to adjourn the meeting at 9:32 A.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board