MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 7, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 7, 2013, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Perry Yates, Commissioner
Stacy Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 8:30 A.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the April 16, 2013, regular meeting and closed session minutes.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the April 16, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the April 16, 2013, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the May 7, 2013, agenda.
County Manager Geouque requested to add the following: a funding request from Southern Appalachian Historical Society and the selection of engineers for the proposed commerce park.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the May 7, 2013, agenda as presented.
VOTE: Aye-5
Nay-0
Proposed Extension of ASU Greenhouse Lease
Dr. David Domermuth, representing Appalachian State University Foundation, requested the Board extend the Greenhouse Lease at the Watauga County Landfill. The original lease term was May 13, 2010, through May 12, 2013, with the request being for a three (3) year extension with an effective date of May 13, 2013, and an expiration date of May 12, 2016. Since 2010, a greenhouse has been constructed during this time period along with the connection of Town water, solar panel, and a soon to be wind power capability. A $45,000 grant has been awarded by the North Carolina Department of Agriculture, Forestry and Consumer Services to continue the research on alternative energy and biomass.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the lease extension as requested.
VOTE: Aye-3(Miller, Kennedy, Welch)
Nay-2(Blust, Yates)
After action was taken, County Attorney Eggers stated that the County would need to adopt a resolution and advertise the property as done recently with the lease for the County-owned property at Shadowline Drive prior to full approval of this lease.
Update on the Officer’s Memorial
Mr. Bill Dixon, Appalachian Architecture, provided an update on the Officer’s Memorial to be constructed at the Watauga County Law Enforcement Center. Mr. Dixon stated that he continues to work with the Sheriff’s Office on the development of the Memorial and expected the cost to be approximately $80,000 to $90,000.
Discussion was held regarding donations for the construction of the project. County Attorney Eggers stated that the donation of time, materials, or cash could be accepted by the County and the donor would be eligible for tax credit.
The report was given for information only and, therefore, no action was taken.
Southern Appalachian Historical Association Funding Request
Ms. Michelle Ligon, Chair of the Southern Appalachian Historical Association Board of Directors, requested emergency funding in the amount of $8,400 which would allow the outdoor drama, Horn In The West to open for the season. The Town of Boone had recently cut funding, in the amount of $10,000, due to changes in the allocation of sales tax. Ms. Ligon stated that the Association had raised $11,615 since March 15 and this was a onetime emergency funding request.
After discussion, Commissioner Yates, seconded by Commissioner Welch, moved to grant $8,400 to the Southern Appalachian Historical Society with the funds to be allocated from the contingency fund.
VOTE: Aye-5
Nay-0
Planning and Inspections Matters
A. Proposed Parking Management Agreement
Mr. Joe Furman, Planning and Inspections Director, presented a Parking Management Agreement with McLaurin Parking Company which the County currently contracts to provide monitoring for the parking lots at the County Library, Courthouse Complex, West Annex, Human Services Center, Health Department, and Ginn Lot. The term of the agreement was to be effective July 1, 2013 through June 30, 2016.
The proposed fee to be charged for parking services is $9,024 per year plus $6.50 per each collection letter. McLaurin Parking Company had proposed a $764 per year increase over the existing agreement due to additional responsibilities requested to be performed. The new rate has been budgeted in the upcoming fiscal year. Mr. Furman stated that staff has been pleased with the service provided.
Commissioner Welch, seconded by Commissioner Yates, moved to approve the agreement with McLaurin Parking Company as presented in the amount of $9,024 per year for parking monitoring services plus a $6.50 charge per each collection letter.
VOTE: Aye-5
Nay-0
B. Hwy 421 Underpass Greenway Project Request
Mr. Furman requested the Board exempt the environmental assessment process for the 421 underpass greenway project from the competitive bid process as allowed for local governments under North Carolina General Statue 143-64.32. Federal funds are being utilized for this project and require the use of competitive bidding for services. Federal authorities have given approval for the County to exempt the environmental assessment process for this project.
Blue Ridge Environmental Consultants (BREC) has a thorough knowledge of the property and provided a cost of $1,000 to conduct the environmental assessment process; therefore, awarding the contract to them would expedite the project.
In accordance with NCGS 143-64.31 and 143-64.32, Mr. Furman requested the Board exempt the competitive bid process for the environmental assessment for the 421 underpass greenway project and award the contract to Blue Ridge Environmental Consultants in the amount of $1,000 to expedite the project.
Commissioner Kennedy, seconded by Commissioner Welch, moved to award Blue Ridge Environmental Consultants the contract to conduct the environmental assessment in the amount of $1,000 and exempt the project from the competitive bid process due to Blue Ridge Environmental Consultants experience with the property.
VOTE: Aye-3(Miller, Kennedy, Welch)
Nay-2(Blust, Yates)
Selection of Engineer for Due Diligence Work at the Hwy 194 Property
Mr. Furman stated that Requests for Qualifications were distributed to engineering firms for due diligence and related tasks as appropriate for the proposed commerce park on Hwy 194 North. Proposals were received from the following: Destination By Design, Blue Ridge Environmental Consultants, Municipal Engineering, Clark Nexsen, McGill Associates, Warren Consulting and Design, Vaughn and Melton Consulting Engineers, and S&ME, Inc.
Mr. Furman stated that the review committee, consisting of Economic Development Commission (EDC) members Perry Yates, Keith Honeycutt and Paul Combs; as well as staff members Deron Geouque, John Spear, and himself, conducted interviews and chose the top three firms based on their demonstrated competence and qualification. McGill Associates ranked number 1, Warren Consulting second, and Vaughn and Melton Consulting Engineers third. Mr. Furman requested to move forward with negotiations in the order above so that a contract could be considered at the next Board meeting.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to direct Mr. Furman to begin negotiations with McGill Associates for due diligence and related work at the Hwy 194 property, currently under contract by the County, for a future commerce park with the understanding that, if a contract cannot be negotiated, Mr. Furman may move on to negotiating with Warren Consulting and then Vaughn Melton Consulting Engineers in order to bring a negotiated contract to the Board at their May 21, 2013, regular meeting.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of April 2013. 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 April 2013 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for April 2013, as presented.
VOTE: Aye-5
Nay-0
C. Tax Lien Report
Mr. Warren reviewed the Tax Lien Report and requested acceptance of the report listing delinquent tax bills that were liens on real property and authorization to advertise such liens.
Commissioner Kennedy, seconded by Commissioner Yates, moved to accept the Tax Lien Report and authorize the advertisement of liens as reported.
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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103586-332000 |
Home & Community Care Block Grant |
$3,302 |
|
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105550-429200 |
POA – Program Supplies |
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$3,302 |
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The amendment recognized an allocation change due to sequestration reduction which was approved by the Board at the April 16, 2013, Board meeting. |
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Account # |
Description |
Debit |
Credit |
|
143300-343101 |
Claybough Foundation Grant |
|
$3,000 |
|
145310-449905 |
Adult Services Grant Fund |
$3,000 |
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The amendment recognized the acceptance of a grant award from the Claybough Foundation in support of the Department of Social Services Adult Services Emergency Fund which was approved at the April 16, 2013, Board meeting. |
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Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Presentation of the FY 2014 Capital Improvement Plan (CIP)
County Manager Geouque presented the FY 2014 Capital Improvement Plan (CIP) for Board review prior to discussion during the upcoming budget work sessions.
B. Presentation of the Manager’s FY 2014 Recommended Budget
County Manager Geouque presented the FY 2014 Proposed Budget and reviewed highlights. He announced upcoming budget work sessions scheduled for 4:00 P.M. on Thursday, May 9 and Monday, May 13, and a public hearing to allow citizen comment scheduled for Tuesday, May 21, 2013, at 6:00 P.M. The County Manager also announced that the FY 2014 Proposed Budget available for public inspection on the County’s website, in the County Manager’s Office, and at the Libraries located in Boone, Blowing Rock, and the Western Watauga Community Center.
C. Request from Templeton Properties to Exercise Right to Extend the Inspection Period of the Old High School Property for a 60 Day Period
County Manager Geouque stated that Mr. Allen Moseley, on behalf of Templeton Properties, LP, had requested to extend the inspection period of the old high school property for an additional sixty (60) day period pursuant to paragraph 4(b) of the Purchase and Sale Agreement dated October 26, 2012 and approved by the Commissioners on November 13, 2013. The County Manager stated that since the receipt of that request, Templeton Properties, LP, had submitted a written notice from Mr. Phil Templeton stating a decision to withdraw the Templeton Properties, LP offer to purchase the old high school property effective 5:00 P.M. on May 12, 2013.
D. Request for Use of Old High School Softball Field
County Manager Geouque stated that the Watauga Diamonds Girls Fastpitch Softball Team had requested permission to utilize the old Watauga High School softball field for practice. The group provided proof of insurance coverage with the County being named an additional insured. The County would have no expenses related to the request.
Commissioner Yates, seconded by Commissioner Welch, moved to grant permission for the Watauga Diamonds Girls Fastpitch Softball Team to utilize the old high school softball field for practices.
VOTE: Aye-5
Nay-0
E. Proposed Final Approval of Lease with Watauga County Arts Council
County Manager Geouque stated that, pursuant to NCGS 160A-272, notice was given and a resolution was adopted at a regular Board of Commissioners meeting on April 16, 2013, stating the Board’s intention to lease to the Watauga County Arts Council the County-owned property located at 377 Shadowline Drive, Boone, NC 28607 for a term of two (2) years with automatic ninety (90) day renewals unless either party gives written notice no less than sixty (60) days of its intention not to renew. The rent to be paid was one dollar ($1) dollar per annum.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the lease with Watauga County Arts Council as presented.
VOTE: Aye-5
Nay-0
F. NC Department of Transportation Request for Public Hearing on their Secondary Roads Program
County Manager Geouque stated that the Department of Transportation was required to present a Secondary Road Improvement Program to the County each year including a public hearing. The Department of Transportation has requested that the public hearing be scheduled for May 21, 2013. The County Manager stated that after the public hearing, the Board may adopt the plan as presented, recommend changes which are not likely to be considered by NCDOT, or take no action which essentially means NCDOT will proceed forward as is.
Commissioner Welch, seconded by Commissioner Yates, moved to schedule a public hearing on Tuesday, May 21, 2013, at 6:00 P.M. to allow citizen comment on the North Carolina Department of Transportation’s Secondary Roads Plan.
VOTE: Aye-5
Nay-0
G. Proposed Container Site Lease Agreement
County Manager Geouque requested to renew the County’s lease agreement with the Episcopal Diocese of Western North Carolina for the convenience site located on Highway 194 in Valle Crucis. The renewal proposed the same terms as the existing lease and was for a term of twenty (20) years beginning on May 7, 2013 and expiring on May 6, 2033. The County shall pay one hundred dollars ($100) per month which was the same rate that has been in place for the past twenty (20) years.
Commissioner Welch, seconded by Commissioner Yates, moved to approve the lease with the Episcopal Diocese of Western North Carolina for a twenty (20) year period at a rate of one hundred dollars ($100) per month.
VOTE: Aye-5
Nay-0
H. Discussion of “Our Mother’s Garden” Proposal
County Manager Geouque stated that at a previous Board meeting, Ms. Susan Tumbleston presented a request to construct a garden called “Our Mother’s Garden” on County-owned property between the Lois E. Harrill Senior Center and the Appalachian District Health Department. The proposed garden was to include a walking track, a fence, flower beds, raised vegetable gardens, a horseshoe pit, other outdoor recreational options, and a natural play area for children.
As part of the agreement, the Partnership was requesting the County to protect the garden in all future changes to the property by including the garden in the design of any new County projects. Additionally, if the County decided to sell the property, the County would agree to provide notice to the Partnership as well as first refusal rights to purchase the property.
Alternate locations were provided to the Partnership for the garden but the proposed site was preferred; however, the site proposed has been identified for by the County for future expansion of operations and services.
The County Manager stated that the Board tabled action until a review of the property could be made and Ms. Tumbleston had requested a status update regarding the garden. The County Manager stated that staff continued to recommend allowing only temporary structures or amenities that could be relocated once the property was needed by the County. The potential exists to incorporate the garden into a future design of a new County building but no guarantees could or should be made since an actual building plan has yet to be created.
By consensus, the Board agreed to allow the gardens, etc., with the understanding that all fixtures/items located on the County-owned property would be temporary in nature and removed at the request of the County.
County Attorney Eggers stated that the County could use a lease for this project; however, if a lease was not used, Our Mother’s Garden would be tenants-at-will and could be removed from the property without notice.
I. Change Order Request for the Old Watauga High School
County Manager Geouque stated that NEO Corporation had requested a change order to recognize the additional fifty (50) weather days for completion of the contract. The approval of the additional fifty (50) days would extend the contract completion date to June 4, 2013.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the change order as presented.
VOTE: Aye-5
Nay-0
J. Boards & Commissions
County Manager Geouque stated that the Watauga County Library Board had recommended Ms. Tish Rokoske be appointed to fill an unexpired term on the regional Library Board. If appointed, her term would end August 2015.
County Manager Geouque stated that the Jury Commission was empanelled biannually. Of the three member panel, one member was appointed by the Board of Commissioners. The new term for the appointment will be July 1, 2013, through June 30, 2015. Mr. Ted Hagaman has served as the Commissioner appointee for several years.
County Manager Geouque stated that three (3) terms would expire in June on the Economic Development Commission (EDC); Keith Honeycutt, Mark Harrill and Jeanine Underdown Collins. Members were limited according to EDC by-laws to serving two (2) consecutive terms. Mr. Honeycutt and Mr. Harrill have both served the two (2) consecutive terms and, therefore, were ineligible for re-appointment. Ms. Collins was eligible for re-appointment and would like to continue to serve. Chairman Miller nominated Mr. Joseph Miller with Cheap Joe’s Art Stuff to fill an EDC seat.
The above were all first readings and, therefore, no action was required at this time.
K. Announcements
County Manager Geouque announced the following:
· Caldwell Community College and Technical Institute invited the Board to a joint meeting on Wednesday, May 15, 2013, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Room 112.
· Budget Work Sessions are scheduled for Thursday, May 9, and Monday, May 13, 2013; both beginning at 4:00 P.M. The Work Sessions will be held in the Commissioners’ Board Room.
· Public hearings are scheduled on May 21, 2013, at 6:00 P.M.to allow citizen comment on the following topics:
o FY 2014 Proposed Budget
o The proposed abolishment of the Social Services Board
o The NC Department of Transportation’s Secondary Roads Program
Public Comment
There was no public comment.
Closed Session
At 9:41 A.M., Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters.
VOTE: Aye-5
Nay-0
Commissioner Welch, seconded by Commissioner Yates, moved to resume the open meeting at 10:05 A.M.
VOTE: Aye-5
Nay-0
Discussion Regarding The Sale of The Old High School Property
Discussion was held regarding the posting of a Notice of Sale for the old high school property of which the County Manager and County Attorney planned to draft.
Adjourn
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adjourn the meeting at 10:19 A.M.
Prior to a vote, additional discussion was held regarding the Notice of Sale for the old high school property.
County Manager Geouque stated that he would have a draft ready for review at the upcoming Budget Work Session.
The following vote was taken at 10:23 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board