MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 16, 2012
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 16, 2012, at 5:30 P.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 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 October 2, 2012, regular meeting minutes and tabled consideration of the October 2, 2012, closed session minutes until the end of the meeting to allow for review of proposed amendments.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the October 2, 2012, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the October 16, 2012, agenda.
Commissioner Deal recommended moving the public comment period regarding the recent request to rename a portion of the NC 194 Scenic Byway to the beginning of the meeting since Mr. Ralph Yates, who had made the request, needed to travel out-of-town that evening.
County Manager Geouque requested to add a bid award request for swimming pool complex skylight repairs.
Vice-Chairman Gable, seconded by Commissioner Blust, moved to approve the October 16, 2012, agenda as amended.
VOTE: Aye-5
Nay-0
Public Comment Period to Allow Citizen Comment Regarding a Recent Request to Rename A Portion of NC 194 Scenic Byway In Valle Crucis In Honor of Mr. Ed Yates
Mr. Ralph Yates presented a petition signed by several citizens in support of renaming a portion of the NC 194 Scenic Byway in Valle Crucis in honor of Ed Yates.
Chairman Miller informed those in attendance of the request which would include adopting a resolution to submit to the North Carolina Department of Transportation (NCDOT) for consideration.
Chairman Miller called for any additional public comment.
There being no further comments, Chairman Miller tabled further discussion until later in the meeting to allow for another call for comments since the item had been moved to an earlier time on the agenda.
Proposed Purchase and Sale Agreements for the Old Watauga High School Property
Chairman Miller stated that the current notice of sale for the old high school property included the term that any realtor commission generated from the sale of the property would be split in half between the realtor representing the buyer whose offer was originally accepted to begin the upset bid process and the realtor representing the buyer who ultimately purchased the property. Chairman Miller stated that he preferred the realtor representing the ultimate purchaser of the property receive 100% of the realtor commission.
After discussion, Commissioner Deal, seconded by Commissioner Futrelle, moved that, in the event an offer was accepted to begin the upset bid process for the purchase of the old high school property, the realtor representing the initial offer would receive 10% of the final realtor commission and the closing realtor would receive 90% of the final realtor commission.
VOTE: Aye-2(Deal, Futrelle)
Nay-3(Miller, Gable, Blust)
Vice-Chairman Gable, seconded by Commissioner Blust, moved to rescind the current Notice of Sale for the old high school property and, in the event that the old high school property sells, to award 100% of the final realtor commission to the closing realtor.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-2(Deal, Futrelle)
Chairman Miller, seconded by Vice-Chairman Gable, moved to enter into the following agreements:
· A Disclosure and Fee Agreement for Non-Listed Property Sale, including Exhibit B and as amended with 100% of the realtor commissioner to go to the closing realtor, with Mr. Rick Miller, serving as the buyer agent for Campus Crest Development, LLC; and
· A Disclosure and Fee Agreement for Non-Listed Property Sale, including Exhibit B and as amended with 100% of the realtor commissioner to go to the closing realtor, with Mr. John L. Howie, serving as the buyer agent for Sanctuary Management, LLC; and
· A Disclosure and Fee Agreement for Non-Listed Property Sale, including Exhibit B and as amended with 100% of the realtor commissioner to go to the closing realtor, with Mr. Tim Hagaman, serving as the buyer agent for Place Acquisition, LLC.
VOTE: Aye-3(Miller, Gable, Blust)
Nay-2(Deal, Futrelle)
County Attorney Eggers stated that during the upset bid process an upset bid steps into the shoes of the accepted bid so the upset bid commission would be restricted to the original amount agreed upon. The County Attorney stated all terms would be locked in at the time that an offer was accepted and the amount would be what was raised during the upset bid process. Bids could be rejected by the Board of Commissioners at anytime; however, that would result in the process having to start over.
Chairman Miller stated that two offers had been received in regards to the old high school property. One was a revised offer from Campus Crest Development, LLC, in the amount of $17,000,000 with a one hundred eighty (180) day inspection period. The agreed upon realtor commission between Campus Crest Development, LLC, and Mr. Rick Miller was ten percent (10%). The second offer received was from Sanctuary Management, LLC, in the amount of $16,600,000 with a one hundred fifty (150) day inspection period. The agreed upon realtor commission between Sanctuary Management, LLC, and Mr. John Howie was five percent (5%).
Mr. Andrew Young, Campus Crest Development, LLC Vice-President, gave a brief presentation regarding their plans for development of the old high school property. Mr. Young also requested time to allow Campus Crest Development, LLC, representatives to speak privately with Mr. Rick Miller to discuss the amount of Mr. Miller’s realtor commission.
While Campus Crest Development, LLC, representatives stepped out of the meeting to discuss their offer, the County Manager presented the information received from Sanctuary Development, LLC, regarding their plans for development of the old high school property. County Manager Geouque asked if Sanctuary Development, LLC, would be given the same opportunity to amend their offer as Campus Crest Development, LLC?
Commissioner Deal requested that the meeting be recessed to allow time for the Commissioners to review and compare the offers presented.
Chairman Miller tabled further discussion and declared a short break while waiting for Campus Crest Development, LLC, representatives to return to the meeting.
At 6:59 P.M. Mr. Andrew Young returned to the meeting and stated that Mr. Rick Miller had agreed to accept a realtor commission of seven percent (7%).
County Attorney Eggers stated that the Sanctuary Development, LLC, offer required changes to meet statutory requirements.
Chairman Miller tabled further discussion until a later time in the meeting.
Watauga County Tourism Development Authority’s (TDA) FY 12 Annual Report
Mr. Wright Tilley, Tourism Development Authority (TDA) Executive Director, updated the Board on TDA activities and presented occupancy tax reports with one showing the ending figures for Fiscal Year 2012 and another showing the figures for the first two months of the current Fiscal Year. Fiscal Year 2012 ended with an 8.05% increase over the prior fiscal year translating into an additional $66,065.58 in occupancy tax revenue. July 2012 revenues were up 1.66% and August revenues were up 17.93% giving the TDA their best August total to date.
Mr. Tilley stated that the TDA’s advertising campaign “Its Cooler Up Here” allowed promotion of not only the cooler mountain temperatures but also the “cool” things to do in the area. The NC Department of Commerce & Division of Tourism has released their county-by-county economic impact of travel report for 2011. Watauga County generated an economic impact of $197.56 million in 2011 which was a 4.11% increase from 2010.
Mr. Tilley also reported that the TDA had recently launched a “Brand Perception and Market Study” research initiative through Magellan Strategies Group & R2R Research. Study results should provide a baseline of perceived brand and destination awareness and serve as a base for helping evaluate future marketing and advertising campaign effectiveness.
The TDA’s infrastructure projects are progressing as expected. With the exception of minor landscaping projects, Watauga Gorge Park is complete. The playground at Rocky Knob Park is complete and getting a lot of use. The picnic shelter is nearing completion as well. The grants for each of these projects are expected to be closed-out by the end of October.
Mr. Tilley also shared that the TDA’s 2011/2012 audit, conducted by Martin Starnes & Associates, had been accepted by the Local Government Commission.
The report was given for information only and, therefore, action was not required.
Watauga County Library Update
Ms. Monica Caruso, Watauga County Librarian, updated the Board regarding a Library Services and Technology Act (LSTA) outreach grant which was recently awarded in the amount of $14,479. Grant funds were being used for an outreach project for elderly citizens whose age-related physical or visual limitations made it difficult for them to read print books. The LSTA grant will allow the Library to provide assistive technology in the form of E-Readers, along with training and support, so that elders can once again enjoy reading. The outreach project will serve facility-bound elders by lending E-readers to elder care facilities and homebound elders through collaboration with Watauga County Project on Aging. Ms. Caruso stated that Ms. Jackie Cornette, Western Watauga Branch Head Librarian and Outreach Specialist, planned to make a presentation regarding the progress of the project at the next regular Commissioners’ Board meeting.
Ms. Caruso shared upcoming dates for Employability Programs held at the Library, some of which would be conducted by the Caldwell Community College Small Business Center.
Ms. Caruso invited the Board to attend a dedication ceremony for a Veterans video collection on Tuesday, November 13, 2012, at 3:00 P.M. at the Watauga County Library.
The report was given for information only and, therefore, action was not required.
Finance Matters
A. Smoky Mountain Center Quarterly Financial Report
Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center Quarterly Financial Report as required by Statute.
The report was given for information only and, therefore, no action was required.
B. Proposed Inmate Insurance Contract Renewal
Ms. Pierce presented a proposed contract renewal with Insurance Management Consultants, Inc., for catastrophic insurance for inmates housed in the County jail. The insurance shields the County from large medical claims that occur while inmates are being housed in the Watauga County Jail. A lower rate, in the amount of $39,886 (with a $10,000 deductible), was submitted after Board packets were prepared which lowered the original quote by $703; however, the overall increase was $7,157 compared to the current contract. Ms. Pierce stated that funds were available to cover the contracted cost.
Commissioner Deal, seconded by Commissioner Blust, moved to approve the contract with Insurance Management Consultants, Inc. for catastrophic insurance coverage in the amount of $39,886.
VOTE: Aye-5
Nay-0
Public Hearings to Allow Citizen Comment
A. Community Development Block Grant (CDBG) Application for Housing Rehabilitation through the NC Catalyst Program
Vice-Chairman Gable, seconded by Commissioner Blust, moved to declare the public hearing open at 7:15 P.M. to allow citizen comment on the Community Development Block Grant (CDBG) application for the NC Catalyst Program.
VOTE: Aye-5
Nay-0
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 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 NC Catalyst Program category and, therefore, requested authorization to submit the application.
There being no public comment, Chairman Miller declared the public hearing closed at 7:16 P.M.
Commissioner Blust, seconded by Commissioner Deal, moved to authorize the submission of the NC Catalyst Program grant application in the amount of $175,000 as presented by Ms. Ball.
VOTE: Aye-5
Nay-0
B. Proposed Amendments to the Valle Crucis Historic District Ordinance
Commissioner Blust, seconded by Commissioner Deal, declared the public hearing open at 7:17 P.M. to allow citizen comment on the proposed amendments to the Valle Crucis Historic District Ordinance.
VOTE: Aye-5
Nay-0
Mr. Joe Furman, Planning and Inspections Director, reviewed the changes as proposed by the Valle Crucis Historic Preservation Commission and approved by the Watauga County Planning Board. Mr. Furman reviewed the following amendments:
PROPOSED AMENDMENTS:
Please Note:
1. Proposed amendments are shown high-lighted in yellow.
2. Existing text to be removed is shown struck through.
3. New text is shown in bold print.
2.5 Performance Standards
e. Signage
In order to maintain the rural historic character of the District, signs must be limited in size and number. Therefore, off-premises advertising signs are prohibited. On-premises signs are limited as follows:
a) Signs shall not be placed within a public road right-of-way.
b) Signs located fifteen (15) feet to twenty five (25) feet from the centerline of a road shall be limited to ten (10) square feet in size.
c) Signs located twenty five (25) to thirty five (35) feet from the centerline of a road shall be limited to twenty (20) square feet in size.
d) Signs located thirty five (35) feet or more from the centerline of a road shall have a maximum size of thirty two (32) square feet.
e) Each establishment is limited to a maximum of two signs (one (1) detached and one (1) attached). However, in a situation where a detached sign is not visible from both directions due to topography or other obstruction, two (2) detached signs may be permitted and shall have a maximum size of ten (10) square feet each.
f) The maximum height of detached signs is ten (10) feet measured from the ground.
EXISTING g) Signs shall not be lighted by either interior or exterior illumination.
PROPOSED g) Signs shall not be internally illuminated – i.e. translucent plastic signs prohibited. h) Where street or site lighting does not provide sufficient illumination, signs may be externally illuminated by low level, shielded stationary bulbs installed in compliance with North Carolina Statutes §136-32.2. Sign lighting shall be turned off at 11 pm.
2.8 Certificate of Appropriateness
a. Required
EXISTING No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement or other appurtenant features) nor above ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within the Valle Crucis Historic District until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Valle Crucis Historic Preservation Commission.
2.14 Compliance
Compliance with the terms of the Certificate of Appropriateness shall be enforced by the
Watauga County Department of Planning and Inspections.
Failure to comply with a Certificate of Appropriateness shall be a violation of this Ordinance.
EXISTING The discontinuance of work or the lack of progress towards achieving compliance with a
Certificate of Appropriateness for a period of six months shall be considered as failure to comply with a Certificate of Appropriateness.
PROPOSED To ensure continued compliance with the provisions of this ordinance, each approved certificate of appropriateness shall expire 12 months from the date on which final action was taken to approve the application, unless otherwise identified in the certificate, if the alteration, construction, demolition, relocation, or removal has not been initiated. Time extensions may be granted in accordance with the Commission’s Rules of Procedure Section 10.17.
Nothing contained in this Ordinance shall prohibit, impair or limit in any way the power of Watauga County to prevent the construction, reconstruction, alteration, or removal of building structures, appurtenant fixtures or outdoor signs in the Historic District in violation of the provisions of this Ordinance.
The enforcement of any remedy already provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in any other ordinances or laws. (See North Carolina General Statutes 160A-175 and 160A-389) General Statutes 160A-175 and 160A-389)
Mr. Furman also noted an additional amendment recommended at the October 15, 2012, Planning Board meeting as follows:
e. Signage
In order to maintain the rural historic character of the District, signs must be limited in size and number. Therefore, off-premises advertising signs are prohibited.
On-premises signs are limited as follows:
. . .
h) Where street or site lighting does not provide sufficient illumination, signs may be externally illuminated by low level, shielded stationary bulbs installed in compliance with North Carolina Statutes §136-32.2. Sign lighting shall be turned off at by 11 pm.
There being no public comment, Chairman Miller closed the public hearing at 7:20 P.M.
Commissioner Deal, seconded by Commissioner Blust, moved to adopt the text amendment as presented.
VOTE: Aye-5
Nay-0
Commissioner Deal, seconded by Commissioner Blust, moved to adopt the following Statement of Plan Consistency regarding the adoption of the text amendment to the Valle Crucis Historic District Ordinance:
The Board of Commissioners finds adoption of the recommended zoning text amendments to be consistent with the findings and recommendations of the Citizens’ Plan for Watauga. The commissioners hereby approve and adopt the amendments as reasonable and in the public interest because:
1. Advertising signage is critical to the success of local merchants who rely on tourism.
2. Sign lighting provides guidance and informs both visitors and residents after dark.
VOTE: Aye-5
Nay-0
At 7:23 P.M. Commissioner Blust, seconded by Chairman Miller, moved to excuse Vice-Chairman Gable from the meeting as he had a prior commitment to attend to.
VOTE: Aye-5
Nay-0
Aquatic center skylight repair project
Mr. Robert Marsh stated that the County recently requested bids to repair the skylights at the aquatic center. Six contractors expressed interest in the project; however, only three contractors submitted bids for the repair as listed below:
|
Contractor |
Bond |
Base Bid |
Alternate I |
Days to Complete Base Bid |
|
Houck Contracting, LLC |
$3,600 Cashier’s Check |
$68,122 |
$3,878 |
111 Days |
|
Greene Construction, Inc. |
Bid Bond |
$34,900 |
Deduct $5,415 |
20 Days |
|
LaFave’s Construction Co., Inc. |
Bid Bond |
$66,550 |
Deduct $24,520 |
50 Days |
Greene Construction, Inc., submitted the lowest bid and also provided a less expensive deductive alternate in the amount of $29,485. The proposed project would leave the pool closed for approximately seven days but was scheduled to be completed before winter of this year. Staff recommended award of the bid to Greene Construction, Inc., in the amount of $34,900 (the base bid) as the best repair option.
Commissioner Deal, seconded by Commissioner Futrelle, moved to award the bid for the Aquatic Center skylight repair project to the low bidder, Greene Construction, Inc., in the amount of $34,900, their base bid.
VOTE: Aye-3(Blust, Deal, Futrelle)
Nay-0
Absent-1(Gable)
Recuse-1(Miller)
[Clerk’s Note: Chairman Miller recused himself from the vote due to a working relationship with Greene Construction, Inc.]
Miscellaneous Administrative Matters
A. Recommended Contract Awards for Employee Medical, Dental, and Life Insurance
County Manager Geouque stated that he had received renewal rates for employee medical, dental, and life insurance benefits. The initial renewal received by CIGNA’s medical underwriting requested an increase of 36.2%. Staff requested CIGNA to further review enrollment and claim experience which resulted in a 21.55% reduction that yielded a rate of 14.65%. Prior to receiving the lower rate, staff contacted Employee Benefit Advisors (EBA), the County’s current broker for dental and life insurance, and requested that they price the County’s health insurance with Blue Cross Blue Shield (BCBS). The initial renewal rate from BCBS was 11.89% including all fees and commissions. Staff requested both CIGNA and BCBS to provide the best rate available to the County.
The County Manager stated that final rates submitted were 9.78% from CIGNA and 5.36% from BCBS. There was one minor difference in the plan submitted by BCBS. The difference was in the amount paid for services out-of-network related to out-of-pocket expenses. Currently, an employee pays a $2,500 deductible for services received in-network. Once the $2,500 in-network deductible is met, the employee is covered at 100%. However, if the employee chooses to receive services out-of-network they would then be required to pay an additional $2,500 for a total out-of-pocket expense of $5,000. Under the new plan the employee utilizing services in-network would pay the same $2,500 deductible and then be fully covered. The same employee who decides to utilize services out-of-network would be required to pay an additional $3,750 for a total out-of-pocket expense of $6,250 or a $1,250 difference over the current plan. The County Manager stated that the change would not necessarily be negative in that it steers employees to utilize in-network services which saves the County and employee money while stretching the employee’s HSA dollars further. Blue Cross Blue Shield has stated that their network is larger than the CIGNA network and their contracts for services provide higher discounts which should reduce or potentially nullify the difference in the plans.
Selecting BCBS would require the establishment of new HSA accounts through Mellon Bank. Employees would be given the option to continue using the existing HSA account through JP Morgan Chase until all funds are spent (they would have 24 months to exhaust the funds) or employees would have the option of transferring their current balances to the new HSA account through Mellon Bank. If the Board approves staff’s recommendation an email will be sent to employees outlining the changes and providing information on open enrollment and individual or small group meetings to prepare the employees for the plan change. Employees will be required to complete a physical ($500) and health assessment ($500) in order to receive the $1,000 HSA contribution. This is a change from last year in that employees were given $500 with no requirements and $250 for a physical and $250 for a health assessment.
Ms. Tenia Friday-Taylor with CIGNA was present and made an additional offer of a 4.78% increase with no benefit changes. Mr. Cooley Smith with Blue Cross/Blue Shield (BCBS) stated that BCBS stood by their final and best offer which also included a larger network of contracted doctors and hospitals.
Commissioner Deal stated that if the Board did not honor the bid process then the County could potentially see large increases next year due to a lack of bids.
County Manager Geouque stated that he had requested “best and final” offers prior to the meeting and presented the quotes as received.
The County is currently in the second year of a two year rate lock for dental insurance and the second year of a three year rate lock for life insurance with Lincoln Financial Group. Both dental and life insurance bids were solicited with no offers received that were competitive with existing rates.
The County Manager stated that adequate funds were budgeted to cover the proposed renewal rates.
Commissioner Deal, seconded by Commissioner Futrelle, moved to:
· award the bid for employee health insurance to Blue Cross Blue Shield through Employee Benefit Advisors (EBA) as presented; and
· approve the County funding $1,000 into each employee’s HSA account as presented; and
· approve continuing with Lincoln Financial Group as the County’s provider for dental and life insurance.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
B. Proposed SECU ATM Lease Renewal
County Manager Geouque stated that the State Employees Credit Union had requested to renew the lease for their ATM located in the Human Services Center parking lot. The current lease is scheduled to expire on December 31, 2012. The proposal increases the monthly amount from $385 to $400 with a five (5) year term. No other changes were made compared to the current agreement. The County Manager reported that the State Employees Credit Union had been a good steward of the property.
Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the lease agreement renewal for a five (5) year term in the amount of $400 a month contingent upon the County Attorney’s review.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
C. Proposed AT&T Cell Lease
County Manager Geouque stated that the Board had previously considered leasing a co-location site at Rocky Knob Park (on an existing Blue Ridge Electric Membership Company (BREMCO) transmission pole) to AT&T for a cell tower antenna. As grant monies partially funded the land acquisition for the park property, Parks and Recreation Trust Fund (PARTF) permission for the location of the cell tower was required and granted. In addition, Board approval was granted based on the stipulation that funds generated from the lease were to be used for park maintenance and repairs. At that time an “Intent to Lease Notice” was advertised as directed by the County Attorney and required by the North Carolina General Statutes. The lease proposed to generate $6,000 annually from AT&T with a term of ten (10) years.
Due to unforeseen issues, AT&T was unable to pursue the tower commitment at that time and the project did not proceed further. However, AT&T has recommitted to constructing the tower at Rocky Knob Park.
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve Communication Facility Easement Agreement and Utility Easement contingent upon the Tourism Development Authority’s approval and the County Attorney’s review.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
D. Discussion of November Meeting Schedule
County Manager Geouque stated that the Election Day was on November 6, 2012, the same date of the next regular Board meeting. Since the Commissioners’ Board Room is an official Polling place, the Board of Elections require the use of the Board Room that entire day. Historically, November has been a month with very few agenda items and, therefore, the County Manager recommended canceling the November 6, 2012, regular meeting due to the Board of Elections requiring use of the Board room. One meeting would be adequate to address County business; however, the date of that meeting could be changed from the scheduled date of November 20, 2012, if needed.
Commissioner Blust, seconded by Commissioner Deal, moved to cancel the Tuesday, November 6, 2012, regular Board meeting and to reschedule the Tuesday, November 20, 2012, Board meeting to Tuesday, November 13, 2012, at 5:30 P.M.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
E. Proposed Dates for the County Christmas Luncheon
County Manager Geouque proposed the dates of either Thursday, December 6, 2012, or Tuesday, December 11, 2012, for the Annual County Employees Christmas Luncheon which will be held at Dan’l Boone Inn from 12:00 P.M. to 2:00 P.M. The County Manager invited the County Attorney to attend as well.
By consensus, the Board agreed to hold the Annual County Employees Christmas Luncheon on December 11, 2012.
F. Boards and Commissions
County Manager Geouque stated that a term on the Watauga County Board of Adjustment was set to expire in November. Ms. Janet Miller, who currently holds that seat, is available for reappointment to the 3 year term. At the October 2, 2012, Board meeting, a volunteer application was submitted from Mr. Adam Rhyne who was also interested in serving on this Board. The soon-to-be vacant seat is for an at-large member. Two of the six seats on the Board are filled with at-large members. The other 4 are filled by representatives of the zoned and watershed areas in the County.
Commissioner Blust, seconded by Chairman Miller, moved to appoint Mr. Adam Rhyne to the Watauga County Board of Adjustments as an At-Large member.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
G. Announcements
County Manager Geouque made the following announcements:
· High Country United Way is hosting two Luncheons during which High Country Vision Councils will share visions in education, income, and health. Both will be held from 12:00 P.M. until 1:30 P.M. with the first scheduled on Friday, October 26, 2012, at Avery County High School and the second scheduled for Wednesday, October 31, 2012, in the Watauga Medical Center Auditorium.
· A Household Harzardous Waste Day will be held for Watauga County Citizens from 9:00 A.M. until 2:00 P.M. on Saturday, October 27, 2012, at the Watauga County Sanitation Department located on Landfill Road.
· Operation Medicine Cabinet will be held on Saturday, October 27, 2012, from 10:00 A.M. until 2:00 P.M. All prescription and over-the-counter medications will be accepted for disposal with no question asked. This event will take place at both Foscoe and Beaver Dam Volunteer Fire Departments and the three Food Lions (located in Boone, Blowing Rock, and Deep Gap).
Public Comment
Mr. Les Hines stated that he had been in contact with Sanctuary Development, LLC, representatives during the meeting and they requested an opportunity to revise their offer and to format the offer to meet statutory requirements.
County Attorney Eggers stated that he could provide a standard form that met statutory requirements.
Chairman Miller called for additional comments regarding the request to rename a portion of the NC 194 Scenic Byway in Valle Crucis in honor of Mr. Ed Yates.
As there were no additional comments, Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the Resolution Supporting the Naming of a Portion of NC 194 Mission Crossing Scenic Byway in Honor of Ed Yates as presented.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
Closed Session
At 8:06 P.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-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
Commissioner Futrelle, seconded by Commissioner Deal, moved to resume the open meeting at 8:21 P.M.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
Action After Closed Session
Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the October 2, 2012, closed session minutes as amended.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-(Gable)
Recess
At 8:22 P.M., Chairman Miller recessed the meeting until 7:30 A.M. on Wednesday, October 17, 2012, with the meeting to continue in the Commissioners’ Board Room located in the Watauga County Administration Building at 814 West King Street, Boone, North Carolina.
Reconvene
Chairman Miller reconvened the meeting at 7:35 A.M. on Wednesday, October 17, 2012. Chairman Miller, Vice-Chairman Gable, Commissioner Blust, Commissioner Deal, Commissioner Futrelle were present as well as the County Manager, Deron Geouque, County Attorney, Stacy C. Eggers, IV, and Clerk to the Board, Anita Fogle.
Continuation of Proposed Purchase and Sale Agreements for the Old Watauga High School Property
Mr. Robert Armstrong with Sanctuary Management, LLC, presented their revised offer which now met statutory requirements and remained in the amount of $16,600,000 with a one hundred fifty (150) day inspection period. There realtor commission was proposed at five percent (5%).
During discussion it was determined that the differences between the two offers were the price and number of days to inspect the property. The realtor commission amounts were different as well.
Chairman Miller declared a short break at 7:55 A.M. to allow representatives from both Campus Crest Development and Sanctuary Management time to prepare their final and best offers including the sale price and number of inspection days as well as the percentage for the realtor commission. The offers were to be turned in to the County Manager when complete.
At 8:09 A.M. Chairman Miller called the meeting back to order and requested the County Manager present the offers.
County Manager Geouque stated that the final and best offers presented were as follows:
|
Company |
Purchase Price |
Inspection Days |
Realtor Commission |
|
Campus Crest Development, LLC |
$18,000,000 |
180 |
5% |
|
Sanctuary Management, LLC |
$16,800,000 |
135 |
0% |
Commissioner Deal, seconded by Commissioner Futrelle, moved to:
· accept the final and best offer from Campus Crest Development, LLC, in the amount of $18,000,000 including a 180 day inspection period subject to the upset bid process as provided by NCGS § 160A 269; and
· approve the Disclosure and Fee Agreement for Non-Listed Property Sale with Mr. Rick Miller, as the buyer’s agent, in the amount of a 5% realtor commission including Exhibit B as amended.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Deal, seconded by Commissioner Blust, moved to adjourn the meeting at 8:17 A.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board