MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 21, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 21, 2013, at 5:30 P.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 5:31 P.M.
[Clerk’s Note: Vice-Chairman Blust arrived at 5:32 P.M.]
Commissioner Yates 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 May 7, 2013, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the May 7, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the May 7, 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 21, 2013, agenda.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the May 21, 2013, agenda as presented.
VOTE: Aye-5
Nay-0
Request to Reassign Competent Correctional Care, Inc., Contract to JLW Enterprises, Inc.
County Manager Geouque stated that the County currently contracted with Competent Correctional Care, Inc. for inmate medical services. Per the Sheriff, Competent Correctional Care, Inc., was willing to assign their contract to JLW Enterprises, Inc. The County Attorney prepared an assignment agreement in which both Competent Correctional Care, Inc. and JLW Enterprises, Inc. have signed and required Board approval to authorize the assignment. The Sheriff was informed that there would be no changes in the terms and conditions of the existing contract or services due to the assignment to JLW Enterprises, Inc. All medical staff was to remain the same. The Sheriff supported and recommended Board approval of the assignment.
Commissioner Yates moved to table consideration until the June 4, 2013, meeting to allow the Sheriff to be present for questions.
Chairman Miller tabled the request until the June 4, 2013, meeting.
Presentation of the Governor’s Proclamation of Elder Abuse Awareness Month 2013
Mr. Jim Atkinson, Social Services Director, along with Ms. Angie Boitnotte, Project on Aging Director, and Ms. Betsy Richards, Social Services Adult Protective Services Supervisor, presented a proclamation from Governor McCrory declaring May 10th through June 17th, 2013 as “Elder Abuse Protection Month” in North Carolina.
Chairman Miller stated that the County prepared a similar proclamation for consideration of adoption.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
Proposed Community Development Block Grant (CDBG) Plans and Policies for the 2012 Scattered Site Housing Program
Mr. Joe Furman, Planning and Inspections Director, presented the following proposed ordinance, policies, and resolutions that were required by the Division of Community Assistance for the Community Development Block Grant (CDBG) funds for the 2012 Scattered Site Housing program:
A. 504 Grievance Procedure
B. Citizen Participation Plan
C. Code of Conduct Resolution
D. Complaint Procedure
E. Equal Employment & Procurement Plan
F. Fair Housing Complaint Procedure
G. Fair Housing Plan
H. Fair Housing Resolution
I. Language Access Plan
J. Optional Coverage Relocation Benefit Policy
K. Optional Coverage Relocation Plan Resolution
L. Policy Definitions
M. Procurement Policy
N. Project Ordinance – Watauga 2012 SSH
O. Residential Anti-displacement and Relocation Plan
P. Section 3 Plan – New
Q. Watauga 2012 SSH Admin Contract
Mr. Furman stated that Item L: Policy Definitions was an information document that did not require approval. Items A-K, M, O, and P could be approved with one motion.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the following documents as presented by Mr. Furman:
A. 504 Grievance Procedure
B. Citizen Participation Plan
C. Code of Conduct Resolution
D. Complaint Procedure
E. Equal Employment & Procurement Plan
F. Fair Housing Complaint Procedure
G. Fair Housing Plan
H. Fair Housing Resolution
I. Language Access Plan
J. Optional Coverage Relocation Benefit Policy
K. Optional Coverage Relocation Plan Resolution
M. Procurement Policy
O. Residential Anti-displacement and Relocation Plan
P. Section 3 Plan – New
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to adopt the Project Ordinance (Item N) as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
In addition to the ordinance, policies, and resolutions requiring adoption, Item Q: Watauga 2012 SSH Admin Contract was with the High Country Council of Governments for the administration of the grant. Ms. Michelle Ball with the High Country Council of Governments was present.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the Watauga 2012 SSH (Item Q) Admin Contract with the High Country Council of Governments for the administration of the grant.
VOTE: Aye-5
Nay-0
Proposed Contract with McGill Associates for Due Diligence and Preliminary Engineering Analysis for the Prospective Commerce Park on NC Hwy 194
Mr. Joe Furman presented a contract negotiated with McGill Associates for due diligence and preliminary engineering analysis for the prospective business park property on NC Highway 194N. The scope of work included a boundary survey. Mr. Furman stated that the County Attorney had reviewed the contract and recommended striking Paragraph 9, which limited McGill’s liability to no more than their fee of $52,085; and Paragraph 14, indemnifying McGill Associates which a governmental entity may not do.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the contract with McGill Associates in the amount of $52,085 for due diligence and preliminary engineering analysis and striking paragraph nine (9) and fourteen (14) from the proposed contract.
VOTE: Aye-4(Miller, Blust, Kennedy, Yates)
Nay-1(Welch)
Public Hearings To Allow Citizen Comment on the Following:
A. Proposed Budget for FY 2014
Commissioner Yates, seconded by Commissioner Welch, moved to declare the public hearing open at 6:00 P.M. to allow citizen comment on Proposed Budget for FY 2014.
VOTE: Aye-5
Nay-0
The following changes were made to the FY 2014 Manager’s Recommended Budget due to recent budget work sessions:
|
Revenues |
|
|
|
Occupancy Tax Admin Collection Fees |
increase |
$300 |
|
Expenditures |
|
|
|
Governing Body |
decrease salary and benefits |
$815 |
|
Information Technology |
increase |
$10,000 |
|
Maintenance, Parks/Fields |
increase |
$15,000 |
|
Special Allocations: |
|
|
|
Children’s Playhouse |
increase |
$2,500 |
|
Foscoe Community Center |
increase |
$1,000 |
|
Valle Crucis Park |
decrease |
$1,000 |
|
Green Valley Park |
decrease |
$6,000 |
|
Foster Grandparent Program |
decrease |
$1,100 |
|
WeCAN |
increase |
$1,500 |
|
Hunger and Health Coalition |
decrease |
$8,000 |
|
Community Care Clinic |
decrease |
$5,500 |
|
Mountain Alliance |
decrease |
$6,300 |
|
Western Youth Network |
decrease |
$3,300 |
|
|
|
|
|
Transfers |
|
|
|
To Department of Social Services |
decrease |
$15,814 |
|
To Capital Projects |
increase |
$17,829 |
The following individuals addressed the Board, speaking on behalf of their organization, regarding the recommended budget:
Fred Martin, Valle Crucis Park
Flare Ammerman, Mountain Alliance
Carrie Gummerson, Mountain Alliance
Mark Gould, Mountain Alliance
Chris Turner, AppalCART
Jennifer Herman, OASIS
Allison Jennings, Hospitality House
Melissa Selby, Community Care Clinic
Christy Welch, non-profits
Melissa Soto, W.A.M.Y. Community Action
Amy Michael, Mountain Alliance
William Hutchins, Green Valley Park
Melanie Childers (on behalf of Christina May), Hospitality House
Justin Ashley, Western Youth Network
Bud Tester (along with sister, Desiree), Western Youth Network
Todd Carter, Hospitality House
Sam Zimmerman, non-profits
Rich Schevren, Hospitality House
Frank Agate, Foscoe/Grandfather Community Center
Wes Weaver, Hospitality House
Monica Caruso, Watauga County Library
Kay Dixon, Hospitality House
Lynn Stalh, Hospitality House
Kay Borkowski, Hospitality House
Chris Laine, Green Valley Park
Janice Carson, Green Valley Park
David Fonseca, Watauga County Schools
Kelly McCoy, Green Valley Park, Western Youth Network, and Hospitality House
Compton Fortuna, Hunger and Health Coalition
There being no further public comment, Chairman Miller declared the public hearing closed at 7:23 P.M.
Chairman Miller called for a break; after which the meeting resumed at 7:33 P.M.
B. Proposed Abolishment of the Social Services Board
Commissioner Yates, seconded by Commissioner Welch, moved to declare the public hearing open at 7:33 P.M. to allow citizen comment on the proposed abolishment of the Social Services Board which required the adoption of a proposed resolution.
VOTE: Aye-5
Nay-0
The following individuals addressed the Board regarding the proposed abolishment:
Jim Atkinson, Department of Social Services Director
Amy Michael, Social Worker with Watauga County Schools
Annette Ward, Licensed Clinical Social Worker
Gail Hawkinson, Retiree with career in Mental Health and Chair of the Child Protective Team
There being no further public comment, Chairman Miller declared the public hearing closed at 7:49 P.M.
Each Commissioner shared comments regarding the proposed abolishment of the Social Services Board.
Commissioner Welch, seconded by Commissioner Kennedy, moved to deny the resolution and keep the Board of Social Services as is.
VOTE: Aye-2(Kennedy, Welch)
Nay-3(Miller, Blust, Yates)
Commissioner Yates, seconded by Vice-Chairman Blust, moved to assign the duties of hiring the Social Services Director to the Board of Commissioners and keep the current Board in place as an advisory board.
Chairman Miller asked for an amendment to the motion which would include the adoption of the resolution with the clause for an advisory board to be formed, comprised of the current Social Services Board members.
County Attorney Eggers stated that the General Statutes required one of the following two models be used to appoint the Social Services Board:
· Leave the appointment of the Social Services Board as is with the Governor appointing two members, the Board of Commissioners appointing two members, and the Social Services Board appointing the fifth member.
· Change the appointment of the Social Services Board to the Board of Commissioners appointing all five members which would give the Board of Commissioners the authority to hire the Director of Social Services.
The County Attorney further stated that within the later model an advisory board could be appointed by the Board of Commissioners; however, the Board of Commissioners would remain as the Social Services Board of Directors.
The above motion was amended as follows:
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adopt the resolution abolishing the Social Services Board and directed the County Manager and County Attorney to draft a resolution establishing a Social Services Advisory Board with the members to be appointed by the Board of Commissioners with those members to include the members of the recently abolished Social Services Board with staggered terms.
VOTE: Aye-3(Miller, Blust, Yates)
Nay-2(Kennedy, Welch)
C. NC Department of Transportation’s Secondary Roads Program
Commissioner Welch, seconded by Vice-Chairman Blust, moved to declare the public hearing open at 8:18 P.M. to allow citizen comment on the NC Department of Transportation’s Secondary Roads Program.
VOTE: Aye-5
Nay-0
Mr. Ivan Dishman, District Engineer with the DOT, reviewed the program for FY 2013 which included a total allocation of $467,646.76 for improvements to secondary roads in Watauga County as follows:
|
I. Paving Unpaved Roads Programmed Paving Goal: 1.38 Miles |
||||
|
Increase Funding |
||||
|
Priority # |
State Rd. # |
Length (miles) |
Road Name & Description |
|
|
|
SR 1331B |
1.38 |
Roby Greene Road (Partial Funding) from the end of pavement to SR 1332 |
$100,000 |
|
Subtotal $100,000.00 |
||||
|
Rural Paving Priority |
||||
|
Priority # |
State Rd. # |
Length (miles) |
Road Name & Description |
Est. Cost |
|
7 |
SR1176 |
.86 |
Trivette Circle from US 321 to US 321 |
$600,000 |
|
|
||||
|
Rural Paving Alternates In the event that any roads in priority have to be placed on the "Hold List" due to unavailable right of way or environmental review, or if additional funding becomes available, funds will be applied to the roads listed in priority order in the paving alternate list. |
||||
|
II. General Secondary Road Improvements |
||||
|
A. Unpaved Road Spot Improvements |
||||
|
SR 1223 |
SR 1362 |
SR 1407 |
SR 1557 |
SR 1730 |
|
SR 1328 |
SR 1363 |
SR 1420 |
SR 1559 |
SR 1731 |
|
SR 1336 |
SR 1366 |
SR 1508 |
SR 1568 |
SR 1732 |
|
SR 1356 |
SR 1367 |
SR 1510 |
SR 1574 |
SR 1737 |
|
SR 1357 |
SR 1368 |
SR 1511 |
SR 1600 |
SR 1766 |
|
SR 1359 |
SR 1369 |
SR 1512 |
SR 1700 |
SR 1845 |
|
SR 1361 |
SR 1373 |
SR 1518 |
SR 1703 |
Etc. |
|
Subtotal $130,000.00 |
||||
|
B. Other Paved and Unpaved Road Improvements |
|||
|
|
Maintenance functions on various roads as needed. Functions may include spot stabilization, paved road improvements, replacement of small bridges with pipes, safety projects, etc. |
|
|
|
Est. Cost $230,000.00 |
|||
|
III. |
Unallocated Funds and Reserves |
|
|
|
|
Funds reserved for surveying, right-of-way acquisition, road additions, contingencies, overdrafts, and paving entrances to certified fire departments, rescue squads, etc. |
|
|
|
Subtotal $60.000.00 |
|||
|
Grand Total $553,562.31 |
|||
The following individuals addressed the Board regarding concerns of Sampson Road:
Alison Crowe, resident of Sampson Road
Donna Coffey, resident of Sampson Road
There being no further public comment, Chairman Miller declared the public hearing closed at 8:43 P.M.
After discussion with DOT officials regarding Sampson Road, Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the NC Department of Transportation’s Secondary Roads Program for FY 2013 with the requested amendment to include Sections A, B, and C of Sampson Road.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. ASU Greenhouse Lease Proposal
County Manager Geouque stated that at the last Board meeting, preliminary approval was given to extend the lease with the Appalachian State University Foundation for the greenhouse located at the Watauga County Landfill.
Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years. Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon 10 days' public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at its next regular meeting.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adopt the resolution and approve the 10 days’ public notice advertisement.
VOTE: Aye-5
Nay-0
B. Proposed Property & Liability Insurance and Workers Compensation Renewals Request
County Manager Geouque presented the following renewal rates for property and liability insurance and workers compensation: the proposed rate for property and liability was $247,515 (a $3,348 increase), and the proposed rate for workers compensation was $244,243 (a 6.99% increase). The primary reason for the increase in workers compensation was the substantial rise in the rate modifier correlated to past years of claims experience.
Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the renewals for property and liability insurance and workers compensation from the North Carolina Association of County Commissioners (NCACC), in the amounts of $247,515 and $244,243, respectively.
VOTE: Aye-5
Nay-0
C. 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.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to appoint Ms. Tish Rokoske to the Regional Library Board to fill an unexpired term which will end on August 31, 2015.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that biannually, a Jury Commission was empanelled for a two-year term. Of the three member panel, one member was appointed by the Board of Commissioners. The term of Mr. Ted Hagaman was set to expire June 30, 2013. The new term for the appointment would be July 1, 2013, through June 30, 2015.
Commissioner Welch, seconded by Commissioner Yates, moved to reappoint Mr. Ted Hagaman to the Jury Commission for a term beginning July 1, 2013, and ending June 30, 2015.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that three (3) terms were to expire in June on the Economic Development Commission; Mr. Keith Honeycutt, Mr. Mark Harrill and Ms. Jeanine Underdown Collins. Members were limited according to 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. At the May 7, 2013, Board meeting, Chairman Miller nominated Mr. Joseph Miller with Cheap Joe’s Art Stuff. Since the May 7, 2013, meeting Commissioner Kennedy has submitted the nomination of Ms. Evelyn Asher, Coordinator of Caldwell Community College & Technical Institute’s Small Business Center. An application was also received from Mr. Robert Olsen stating interest in serving on the EDC.
Commissioner Yates, seconded by Commissioner Welch, moved to reappoint Ms. Jeanine Underdown Collins to the Economic Development Commission as presented.
VOTE: Aye-5
Nay-0
Chairman Miller, seconded by Vice-Chairman Blust, moved to appoint Mr. Joseph Miller to the Economic Development Commission.
VOTE: Aye-5
Nay-0
Chairman Miller tabled the third appointment to the Economic Development Commission to allow for a second reading.
County Manager Geouque stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans to the region. They also assisted in marketing and packaging loans for small businesses throughout the region. Per their bylaws, each County was required to appoint four persons to serve as members of the Development Corporation in May of each year. Representative categories are local government (1), private lending institution (1), and community organization or a business organization (2). Following is a list of current appointees: Mr. John Spear (Local Government); Mr. Brian Crutchfield (Community Organization); Mr. Jim Furman (Business Organization); and Mr. Brian Riggins (Private Lending Institution).
Chairman Miller tabled appointments to the Region D Development Corporation as this was a first reading.
D. Announcements
County Manager Geouque stated that the NC Department of Transportation had scheduled a Citizen’s Informational Workshop on Monday, June 3, 2013, from 5:00 P.M. until 7:00 P.M. at the Foscoe Community Center. The topic was to be the replacement of Bridge No. 55 on Shulls Mill Road over Lance Creek near Hound Ears Golf Club (TIP No. B-5118)
Public Comment
Mr. Eric Burgoyne shared an update on Appalachian State University’s (ASU) 2011 Solar Decathlon participation and news that ASU was recently accepted to participate in Solar Decathlon Europe 2014.
Closed Session
At 8:56 P.M., Vice-Chairman Blust, seconded by Commissioner Welch, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Chairman Miller, moved to resume the open meeting at 9:04 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Yates, seconded by Commissioner Welch, moved to adjourn the meeting at 9:04 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board