MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 16, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 16, 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 5:30 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Yates led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the June 18, 2013, regular meeting minutes.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the June 18, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the July 16, 2013, agenda.
The following additions were requested: an introduction from the North Carolina Board of Transportation Division 11 Representative; a presentation by Commissioner Yates; and a proposed resolution adopting a policy for mutual assistance with other law enforcement agencies.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the July 16, 2013, agenda as amended.
VOTE: Aye-5
Nay-0
Introduction of North Carolina Board of Transportation Division 11 Representative
Mr. Jim Palermo, Division 11 Representative on the North Carolina Board of Transportation, introduced himself and stated that Division 11 covers Alleghany, Ashe, Avery, Caldwell, Surry, Watauga, Wilkes, and Yadkin Counties. Mr. Palermo stated that he was an advocate for the County and believed that economic development and job growth served as drivers for money allocations. Therefore, Mr. Palermo planned to advocate for road infrastructure needed for economic development in Watauga County. Mr. Palermo welcomed communication from the Board of Commissioners and stated that he was dedicated to advocating for the County’s transportation needs.
Additional Amendment to the Agenda
Commissioner Yates, seconded by Commissioner Kennedy, move to further amend the agenda; however, prior to a vote the County Attorney stated that the motion needed to include the specific amendment. A vote was not taken; however a new motion was made as follows:
Commissioner Kennedy, seconded by Commissioner Yates, moved to add an offer to purchase the old high school property to the agenda after Miscellaneous Administration Matters.
VOTE: Aye-5
Nay-0
Presentation of Plaque from the American Legion
Commissioner Yates presented a framed message which was donated by the American Legion who had requested it be displayed in the Watauga County Administration Building.
Communications & Emergency Services Matters
A. Proposed Southern Software Contracts/Agreements
1. CAD Support
2. Paging Software
Mr. Jeff Virginia, Communications and Emergency Services Director, presented renewals for the Computer Aided Dispatch (CAD) and paging software contracts with Southern Software. The CAD contract is in the amount of $8,668 and the paging software contract in the amount of $758. The contracts were necessary for the operation of the County’s E-911 system.
B. Proposed Wireless Communications Contracts/Agreements
1. Infrastructure Equipment Maintenance
2. Field Equipment Maintenance
3. 911 Equipment Maintenance
Mr. Virginia also presented three maintenance contracts with Wireless Communications Inc. for the County’s E-911 system: infrastructure equipment maintenance ($12,444), field equipment maintenance ($7,896), and 911 equipment maintenance ($37,432.88).
C. Proposed Geo-Comm Inc. Mapping Software Maintenance Contract
Mr. Virginia presented a contract with Geo-Comm, Inc. for the mapping software maintenance contract as well. Geo-Comm, Inc. mapping allows for the E-911 center to plot locations of individuals calling on cellular or land lines. The amount of the contract is $9,625.
Mr. Virginia stated that all of the above contracts were included in the current fiscal year budget.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the following contracts and amounts as presented by Mr. Virginia: Southern Software CAD Support ($8,668) and Paging Software ($758); Wireless Communications Infrastructure Equipment Maintenance ($12,444), Field Equipment Maintenance ($7,896), and 911 Equipment Maintenance ($37,432.88); and Geo-Comm Inc. Mapping Software Maintenance Contract ($9,625)
VOTE: Aye-5
Nay-0
D. Public Hearing Request to Allow Comment on Proposed Road Names
Mr. Virginia requested a public hearing be scheduled to allow citizen comment on new private and public road names as required by North Carolina General Statute 153A-239.1.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to schedule a public hearing to allow citizen comment on new private and public road names on August 20, 2013, at 6:00 P.M.
VOTE: Aye-5
Nay-0
Proposed Resolution In Memory of Deputy Sheriff William Ronald Mast, Jr.
Chairman Miller presented a resolution celebrating the life and mourning the loss of Deputy Sheriff William Ronald Mast, Jr., who gave his life serving the citizens of Watauga County on July 26, 2012. The resolution requests the following occur on July 26, 2013: all flags to be flown at half-staff; all of the citizens, businesses, nonprofits, as well as state and local governments in Watauga County to observe a moment of remembrance lasting for 1 minute beginning at 10:00 A.M., to the maximum extent practicable by ceasing all work or other activity, and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens.
Commissioner Welch, seconded by Commissioner Yates, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
Proposed Resolution Requesting to Name the Hwy 421 Bridge Over the South Fork of the New River In Memory of Deputy Sheriff William Ronald Mast, Jr.
Chairman Miller presented a resolution requesting consideration to name the Highway 421 Bridge over the South Fork of the New River in memory of Deputy Sheriff William Ronald Mast, Jr. The procedure for naming roads/bridges/ferries by the North Carolina Department of Transportation (NCDOT) includes adopting the resolution and submitting background information on the nominee including a description of what is requested to be named, and documentation of public input and support to NCDOT staff. NCDOT staff would then review the information to ensure a previous facility had not been named and confirm that there was not local opposition. After review, the NCDOT staff would forward the information to the Road and Bridge Naming Committee and Board of Transportation for action. A Board of Transportation member must endorse the request and present it to the Committee and Board. A naming request reviewed and recommended by the Committee would then be held for at least one month before being considered by the full Board.
In an effort to meet the public forum requirement by the NCDOT, the Chairman requested the Board schedule a public hearing for the August 20, 2013, regular Board meeting. Upon completion of the public hearing the Board may adopt the resolution and forward to the NCDOT for consideration. Due to the fact that the bridge is located in the Town of Boone, the Boone Town Council will also need to adopt a resolution in a public forum in support of the naming of the bridge.
Commissioner Kennedy, seconded by Commissioner Yates, moved to adopt the resolution as presented. Chairman Miller tabled that motion until after a public hearing is held.
Commissioner Kennedy, seconded by Commissioner Yates, moved to schedule a public hearing on August 20, 2013, at 6:00 P.M. to allow citizen comment regarding the desire of the Board to name the Highway 421 Bridge over the South Fork of the New River in memory of Deputy Sheriff William Ronald Mast, Jr.
VOTE: Aye-5
Nay-0
Proposed Revisions to the Watauga County Tourism Development Authority (TDA) Bylaws
Mr. Wright Tilley, Watauga County Tourism Development Authority (TDA) Director, reviewed proposed changes to their bylaws as recently approved by the TDA Board. To become effective, final approval by the Board of Commissioners was required.
The County Attorney stated that if additional changes were desired a request would need to be sent to the TDA Board for their approval prior to final approval by the Board of Commissioners.
By consensus, the Board agreed to table further discussion and direct Mr. Tilley to request the TDA Board include in the Bylaws that their Board members must be Watauga County citizens.
Boone Area Cyclist’s (BAC) Request to Construct A Pump Track At Rocky Knob Park
Mr. Eric Woolridge and Mr. Kristian Jackson with Boone Area Cyclists (BAC) requested permission for BAC to construct a pump track at Rocky Knob Park. Mr. Woolridge stated that the pump track was included as a part of the initial design of the park and would be funded with monies raised by BAC. Mr. Jackson shared information regarding the placement, use, and design of the track which would have separate areas based on skill level. Mr. Jackson stated that the inclusion of the pump track would round out the Park’s development. Signage would be placed addressing safety, risks, and skill levels.
Commissioner Yates, seconded by Commissioner Kennedy, moved to authorize Boone Area Cyclists to construct the pump track at Rocky Knob Park as presented.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Collections Director Mitzi Rochelle presented the Tax Collections Report for the month of June 2013. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Ms. Rochelle presented the following Refunds and Releases for June 2013 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for June 2013, as presented.
VOTE: Aye-5
Nay-0
Planning & Inspections Matters
A. Proposed Performance Guarantee
Mr. Joe Furman, Planning and Inspections Director, stated that Capstone Collegiate Communities had submitted their final plat to the Planning Board for the Cottages of Boone on July 15, 2013, at which time it was approved. Mr. Furman presented a cash subdivision performance guarantee for Capstone Collegiate Communities in the amount of $1,216,933.68 to cover the remaining paving and plantings. This request was made pursuant to Section 92 of Watauga County’s “Ordinance To Govern Subdivisions and Multi Unit Structures.”
Commissioner Welch, seconded by Commissioner Kennedy, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Proposed McGill Associates Supplemental Agreement
Mr. Furman presented a supplemental agreement with McGill Associates in an amount not to exceed $17,000 to complete the engineering, permitting, and bid preparation for the US Highway 421 Greenway Underpass Project. The work was required to design and acquire a Letter of Map Amendment from FEMA and subsequent permitting from the Town of Boone. The North Carolina Department of Transportation (DOT) has waived the competitive bidding process for this service. In addition, FEMA will charge $10,000 for submission of the Map Amendment. These expenses were eligible for reimbursement under the greenway agreement funding with DOT. The work was required to be completed in order for the project to reach the bidding stage.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the supplemental agreement with McGill Associates in an amount not to exceed $17,000 and the $10,000 Map Amendment submission fee for FEMA.
VOTE: Aye-3(Miller, Kennedy, Welch)
Nay-2(Blust, Yates)
Mr. Furman reported that work would begin on the MiddleFork Greenway after February 2014 and next year on the HWY 421 underpass project.
C. Public Hearing Request to Allow Comment on the Proposed Purchase of Property Located on Hwy 194
Mr. Furman requested the Board schedule a public hearing for the August 20, 2013, Board meeting as required by North Carolina General Statutes 158-7.1 prior to the Board approving the purchase of the land on NC Highway 194 North for a business/commerce park. The due diligence work by McGill Associates was to be completed and available prior to the hearing.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to schedule a public hearing for August 20, 2013, at 6:00 P.M. to allow citizen comment on the potential purchase of land on NC Highway 194 North for a business/commerce park.
VOTE: Aye-5
Nay-0
Proposed Resolution Adopting A Policy for Mutual Assistance with Other Law Enforcement Agencies
County Manager Geouque presented a proposed resolution which authorizes the Sheriff to enter into mutual assistance arrangements with other municipal and county law enforcement agencies in accordance to North Carolina General Statute 160A-288.
Commissioner Welch, seconded by Vice-Chairman Blust, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Town of Boone’s Request for Support and Cost Sharing for the Expansion of Water Services
County Manager Geouque stated that the Town of Boone had requested the County’s support in expanding water service in Boone and the surrounding area. The County was also requested to participate in cost-sharing to help provide additional water to those areas.
By consensus, the Board directed the County Manager to request the Town Manager give additional details regarding the cost-sharing involved in the project.
B. Mutual Aid Agreement Renewal with Watauga County Emergency and Rescue Squad, Inc.
County Manager Geouque stated that the County’s Mutual Aid Agreement between Watauga County and Watauga County Emergency and Rescue Squad, Inc., has expired. Staff has modified the new agreement to allow for automatic renewal of the contract unless either party gives a thirty (30) day notice.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the contract as presented, including the automatic renewal language.
VOTE: Aye-5
Nay-0
C. Watauga Humane Society Request for Change to Distribution of Funding Allocation
County Manager Geouque stated that Watauga Humane Society had requested their funding allocation for Fiscal Year 2013-2014 be provided in a lump sum payment instead of quarterly payments per the County’s agreement. The County has provided the allocation in a lump sum for the last two (2) years due to the Humane Society moving into their new facility and having cash flow issues.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to provide the Humane Society’s allocation in a lump sum amount instead of the quarterly allocation as specified in their agreement with the County.
VOTE: Aye-5
Nay-0
D. Appointment of North Carolina Association of County Commissioners (NCACC) Annual Conference Voting Delegate
County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference was scheduled for August 22-25, 2013, in Guilford County. Each county in attendance was required to select a voting member for representation at the annual business meeting which would be conducted as a part of the conference. Submission of the voting delegate was due August 9, 2013.
Chairman Miller tabled appointment of the voting delegate to the August 6, 2013, meeting.
E. Boards & Commissions
County Manager Geouque stated that Mr. Frank Bolick and Mr. Dale Greene submitted applications for appointment to the Town of Boone Planning Commission and Board of Adjustment, respectively. In addition, Mr. Wayne Green sent an email requesting consideration for appointment to the Town’s Board of Adjustment. All three names were submitted to the Town of Boone for consideration. The Town had also submitted the nomination of Mr. Richard Woods and Dr. Jerry Butler to serve on their Board of Adjustment. Additionally, the Town Council requested both Mr. Woods and Dr. Butler to serve as alternate Extra-Territorial Jurisdiction (ETJ) members, if not considered for an ETJ regular appointment. The County also received an application from Mr. Jon Tate for either an appointment to the Town’s Planning Commission or Board of Adjustment.
The Town of Boone supplied an updated list of vacancies in July 2013 showing that there were currently two (2) regular and two (2) alternate ETJ seats open on the Boone Board of Adjustment and two (2) regular ETJ seats open on the Boone Planning Commission.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to appoint Mr. Dale Greene as a regular ETJ member of the Town of Boone Board of Adjustment and Mr. Frank Bolick as a regular ETJ member of the Town of Boone Planning Commission.
VOTE: Aye-5
Nay-0
Additional appointments were tabled to allow for a second reading at the August 6, 2013, meeting.
County Manager Geouque stated that Ms. Julie Wiggins, Regional Ombudsman with the High Country Council of Governments, had requested that Mr. Herbert Hash be considered for appointment to the Watauga County Nursing Home Advisory Committee.
Commissioner Yates, seconded by Commissioner Welch, moved to appoint Mr. Herbert Hash to the Watauga County Nursing Home Advisory Committee.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that the AppalCART Board would have an at-large seat vacant effective August 26, 2013, and Ms. Kedith England had been nominated by the AppalCART Board to fill the seat.
The above was a first reading and, therefore, no action was required at this time.
F. Announcements
County Manager Geouque announced the following:
? The Board is invited to attend the Ribbon Cutting and Open House at the new AppalCART facility on Friday, August 2, 2013, at 1:30 P.M.
? The North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 22-25, 2013, in Guilford County.
? The High Country Council of Governments’ Annual Banquet is scheduled for Friday, September 6, 2013, at Linville Ridge.
Proposed Offer for Old High School Property
Mr. Robert Armstrong, a commercial real estate agent representing Fuqua Development, presented an offer to purchase the old high school property in the amount of $14,200,000. The offer included five percent (5%) earnest money upon acceptance and a six (6) month inspection period. After the realtor commission the County would net approximately $13.2 million.
County Attorney Eggers stated that he would not recommend accepting the offer in its current form. Mr. Eggers stated that he had sent proposed changes that would allow the contract to meet statutory requirements. Mr. Eggers stated the process by which the property could be sold and that the offer could be negotiated; however, upon acceptance, a minimum of a five percent (5%) deposit had to be submitted and could be non-refundable at the discretion of the Board. After acceptance of a contract, an advertisement would be run for a 10 day upset bid period at which time upset bids would be accepted with terms that matched the original offer.
Discussion was held regarding the terms and amount of the offer as well as plans for its development. Since the offer was distributed during the meeting, Board members wanted time to read through and review the offer prior to taking action.
Mr. Armstrong requested the Board not allow a bidding war such as the one at the October 16, 2012, Board meeting, when a previous initial offer was accepted.
At approximately 6:55 P.M. Vice-Chairman Blust, seconded by Commissioner Yates, moved to excuse Chairman Miller who needed to leave to attend another previously scheduled meeting.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust called for further discussion related to the proposed offer.
After further discussion, Commissioner Yates, seconded by Commissioner Welch, moved to direct the County Manager and County Attorney to work with Mr. Armstrong to fine tune the contract for presentation at the August 6, 2013, Board meeting.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-0
Absent As Excused-1(Miller)
Public Comment
There was no public comment
Closed Session
At 7:07 P.M., Commissioner Welch, seconded by Commissioner Yates, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-0
Absent As Excused-1(Miller)
Commissioner Yates, seconded by Commissioner Kennedy, moved to resume the open meeting at 8:07 P.M.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-0
Absent As Excused-1(Miller)
Adjourn
Commissioner Yates, seconded by Commissioner Welch, moved to adjourn the meeting at 8:07 P.M.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-0
Absent As Excused-1(Miller)
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board