MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 1, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 1, 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 8:00 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 September 17, 2013, regular meeting and closed session minutes.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the September 17, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the September 17, 2013, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Miller called for additions and/or corrections to the October 1, 2013, agenda.
County Manager Geouque requested to add a public hearing request to allow citizen comment on the Tax Schedule of Values.
Chairman Miller requested to add discussion regarding the appointment of Extra-Territorial Jurisdiction (ETJ) members to the Town of Boone Boards.
Commissioner Kennedy requested to add an update regarding the restructuring of the Smoky Mountain Board.
County Attorney Eggers also added that there would be discussion of a lawsuit (Appling vs. Alleghany) during the closed session for Attorney/Client Matters per G. S. 143-318.11(a)(3).
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the October 1, 2013, agenda as amended.
VOTE: Aye-5
Nay-0
PRESENTATION OF WATAUGA COUNTY COMMUNITY CHILD PROTECTION TEAM’S 2012 ANNUAL REPORT
Ms. Gail Hawkinson presented the 2012 Watauga County Community Child Protection Team Annual Report. Ms. Hawkinson also provided a list of members for approval. The Child Protection Team was tasked with reducing the acts of abuse and violence against children in the County.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the member list for the Watauga County Community Child Protection Team as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to approve the 2012 Watauga County Community Child Protection Team Annual Report as presented.
VOTE: Aye-5
Nay-0
REQUEST TO SCHEDULE A PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE ANIMAL CARE AND CONTROL ORDINANCE
County Manager Geouque stated that Ms. Laurie Vierheller, Watauga Humane Society Executive Director, had requested the Board amend the Watauga County Animal Care and Control Ordinance to reflect recent legislative changes. Senate Bill 626 requires all animals to be held for 72 hours unless injured, sick or wild. Due to this change feral cats would need to be classified as wild animals as to not burden the Humane Society with trying to hold on to trapped feral cats for the 72 hour period. Feral cats are both a risk and liability to Humane Society staff and animals. The County Manager stated that Ms. Anita Gomez, Watauga County’s Chief Animal Care and Control Officer, and Ms. Laurie Vierheller recommended adding the words or unaltered feral cats under definitions to Section 1.B.24 Wild Animal of the Watauga County Animal Care and Control Ordinance.
The County Manager stated that should the Board wish to accept the Humane Society’s request; staff would recommend a public hearing be scheduled for the October 15, 2013 Board meeting to seek citizen input on the proposed change. Another option would be for the Board to schedule a work session with the Humane Society to discuss the proposed change.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to schedule a public hearing on Tuesday, October 15, 2013, at 6:00 P.M. to allow citizen comment on the proposed amendment to the Watauga County Animal Care and Control Ordinance.
VOTE: Aye-5
Nay-0
PROJECT ON AGING – FISCAL YEAR 2014 ADDITIONAL STATE APPROPRIATION FOR SENIOR CENTERS
Ms. Angie Boitnotte stated that the Project on Aging was eligible to receive an additional $15,573, in Senior Center funding from the North Carolina General Assembly and the North Carolina Division of Aging. The L.E. Harrill Senior Center was eligible for $11,680 and the Western Watauga Community Center for $3,893. A twenty-five percent (25%) local match, $5,191, was required and available in the Agency’s current budget.
Commissioner Yates, seconded by Commissioner Welch, moved to accept the additional State appropriation as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
SANITATION VEHICLE BID AWARD REQUEST
Mr. J. V. Potter, Operation Services Manager, stated that the following bids were received for the purchase of a new pickup truck for the Sanitation Department: Ashe County Ford in the amount of $23,797; Capital Ford in the amount of $23,797 (state contract price); and Bob Murray Chevrolet in the amount of $24,508 (state contract price). Quotes were requested from Boone Ford and Mack Brown Chevrolet; however, both dealers were nonresponsive. Adequate funds were available in the Sanitation Department’s budget to cover the cost of the vehicle as well as the tag and taxes in the total amount of $24,516.91.
Commissioner Yates, seconded by Commissioner Welch, moved to accept the bid for one (1) new 2014 pickup truck from Ashe County Ford in the amount of $23,797 plus $719.91 for tag and taxes for a total amount of $24,516.91 as presented.
VOTE: Aye-5
Nay-0
MAINTENANCE MATTERS
A. Bid Award Request for Parking Lot Sealing and Line Marking
County Manager Geouque presented the following bids for parking lot sealing and line marking:
|
Name of Bidder |
Address |
Certified Check or Bid Bond |
Total Price for Primary Bid |
Total Price for Alternate 1- Bituminous Surface Treatment |
|
RAM Pavement Services, Inc. |
Charlotte, NC |
Bid Bond |
$47,197.60 |
$119,149.50 |
|
Carolina Pavement Tech, Inc. |
Cary, NC |
Check |
$28,532.65 |
$107,927.85 |
|
Carolina Pavement and Care |
Roxboro, NC |
Check |
$87,533.00 |
$109,168.40 |
|
CACTX Surfaces |
Winston-Salem, NC |
Check |
$36,050.00 |
$116,860.00 |
|
Hickory Sealing & Striping |
Granite Falls, NC |
Check |
$33,400.00 |
NO BID |
The primary bid was for a conventional asphalt emulsion sealer with a two (2) year life cycle and the alternate bid was for a thicker product with a four (4) year life cycle.
The County Manager stated that staff recommended the Board award the contract, contingent upon County Attorney review, to Carolina Pavement Tech, Inc., the lowest responsible and responsive bidder, in the amount of $28,532.65. Carolina Paving Tech, Inc., has satisfactorily performed work for the County in the past and adequate funds were available in the current budget to cover the cost of the project.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to award the bid to Carolina Paving Tech, Inc., in the amount of $28,532.65 for seal coating and stripping the parking lots at the Health Department, Human Services Center, Courthouse Complex, Sports Complex and Brookshire Park.
VOTE: Aye-5
Nay-0
B. Bid Award Request for Asphalt Repair and Paving
County Manager Geouque presented the following bids received for asphalt repair and paving:
|
Bidder |
Moretz Paving, Inc. |
Carl Rose & Sons Paving |
Tri-County Paving, Inc. |
|
Address |
PO Box 270 Zionville, NC 28698 |
PO Box 786 Elkin, NC 28621 |
PO Box 863 West Jefferson, NC 28694 |
|
Certified Check or Bid Bond |
Bond |
Bond |
Bond |
|
Primary Bid |
$98,375.00 |
$135,667.00 |
$108,1 07.20 |
|
Alternate I |
$12,000.00 |
$16,102.00 |
$13,948.00 |
|
Alternate 2 |
$114,300.00 |
$131,769.00 |
$138,850.00 |
|
Alternate 3 |
$7,520.00 |
$8,887.00 |
$10,724.00 |
|
Unit Price for Additional Gravel per Ton |
$20.00 |
$28.50 |
$20.65 |
The County Manager stated that the lowest primary bid included repair and paving at Howard’s Knob, Law Enforcement Center, Western Watauga Community Center, and Rocky Knob in the amount of $98,375. Due to the bathroom, septic, and power lines having not been completed at Rocky Knob Park, the decision was made to delay paving until completed. With the removal of Rocky Knob Park from the overall project, the primary bid from Moretz Paving, Inc., was reduced to $43,675.
The County Manager stated that staff recommended award of the project to Moretz Paving, Inc., in the amount of $43,675 along with alternate one (1) in the amount of $12,000 which allows for paving the access road from the church building to the Sheriff’s Office auxiliary lot at the Law Enforcement Center. The County has been satisfied with Moretz Paving’s past performances on County projects and adequate funds were available in the current budget to cover the cost of the project.
Commissioner Yates, seconded by Commissioner Welch, moved to award the bid to Moretz Paving, Inc., in the total amount of $55,675 which includes alternate one (1), in the amount of $12,000, for asphalt repair and paving at Howard’s Knob, the Law Enforcement Center, and the Western Watauga Community Center.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE RURAL OPERATING ASSISTANCE PROGRAM (ROAP) GRANT FOR FISCAL YEAR 2014
Commissioner Kennedy, seconded by Commissioner Welch, moved to declare the public hearing open at 9:07 A.M. to allow citizen comment on the Rural Operating Assistance Program (ROAP) Grant for Fiscal Year 2014.
VOTE: Aye-5
Nay-0
County governments were the only eligible applicants for ROAP funds of which the submission of an annual application was required to receive funds. AppalCART provides Watauga County transportation services and, therefore, AppalCART completes and submits the ROAP application on behalf of the County each year.
Mr. Chris Turner, Director of AppalCART, reviewed the application which included the following breakdown of the anticipated allocation totaling $141,753:
Elderly & Disabled Transportation Assistance Program (EDTAP) $59,933
Employment Transportation Assistance Program $10,181
Rural General Public (RGP) Program $71,639
There being no public comment, Chairman Miller declared the public hearing closed at 9:12 A.M.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the submission of the FY 2014 Rural Operating Assistance Program (ROAP) grant application and the execution of the certified statement as presented by Mr. Turner.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-342600 |
NCDOA Spay/Neuter Grant |
|
$2,000 |
|
104380-449902 |
Spay/Neuter Grant |
$2,000 |
|
|
|
|||
|
The amendment allocated the grant award from the NC Department of Agriculture and Consumer Service for spay and neuter services contracted with Watauga Humane Society. The pass through grant was approved at the May, 12, 2012, Board meeting. |
|||
|
|
|||
|
Account # |
Description |
Debit |
Credit |
|
103586-332006 |
NC Department of Insurance Grant |
|
$2,767 |
|
105550-449901 |
SHIIP Grant |
$2,767 |
|
|
|
|
|
|
|
The amendment allocated the grant award from the NC Department of Insurance to allow Project on Aging to provide assistance and outreach to low-income citizens on Medicare Part D. The grant requires no County match and was approved at the August 20, 2013, Board meeting. |
|||
|
|
|||
Commissioner Yates, seconded by Commissioner Welch, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROTECTION PROGRAM REQUEST FOR ASSISTANCE
Mr. Joe Furman, Planning and Inspections Director, discussed Watauga County qualifying for the Natural Resources Conservation Services (NRCS) Emergency Watershed Protection (EWP) program. The program provides federal assistance to areas damaged by the January 2013 rain event. The Seth Morrison property was the only surveyed area that qualified for this program in the County. Mr. Morrison has agreed to be responsible for the 25% match required by the program. Mr. Furman stated that the NRCS obtained a waiver of the trout moratorium for the qualifying EWP project and, therefore, the project could move forward if approved. Mr. Furman presented a draft letter requesting the federal assistance.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to authorize the Chairman to sign the proposed letter requesting federal assistance under the provision of the Emergency Watershed Protection program and to direct the County Attorney to draft an agreement obligating Mr. Morrison for the twenty-five percent (25%) match.
VOTE: Aye-5
Nay-0
PRESENTATION OF 2014 SCHEDULE OF VALUES
Tax Administrator Larry Warren, along with Mr. Bill Tester, Appraisal Director/Reval Coordinator, presented the schedule of values to be used in establishing prices for properties during the 2014 revaluation. The schedule was open for public review and would be presented to the Board for adoption at a future meeting, after the review period had passed. Mr. Warren stated that a public hearing was required prior to adopting the schedule and requested it be on October 15, 2013.
Commissioner Yates, seconded by Commissioner Welch, moved to schedule a public hearing on October 15, 2014, at 6:00 P.M.to allow for citizen comment on the 2014 Schedule of Values.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Boards & Commissions
County Manager Geouque stated that one ETJ Alternate position remained to be filled on the Town of Boone Board of Adjustment. Recommendations have not been received from the Town at this time.
[Clerk’s Note: The Board continued with the discussion of ETJ appointments prior to completing the Boards & Commissions portion of the agenda.]
B. Discussion Regarding the Appointment of Extra-Territorial Jurisdiction (ETJ) Members to Town of Boone Boards
Discussion was held regarding a letter received on September 25, 2013, from Mr. Greg Young, Town of Boone Manager, regarding recent ETJ appointments to Town of Boone Boards. Below is an excerpt from that letter:
“In 2011, the Town of Boone initiated text code amendments to the Unified Development Ordinance (UDO) with the mutual understanding between Watauga County and the Town that the County would comply with extraterritorial jurisdiction (ETJ) appointment requirements as outlined in the Town's UDO. Attached are the ETJ appointment requirements for the Board of Adjustment and Planning Commission.
I have been directed by the Mayor and Boone Town Council to advise the County that the Town does not accept recent ETJ appointees Dale Greene and Frank Bolick to the Board of Adjustment and Planning Commission positions. Additionally, the Boone Town Council intends to consider at its October regular meeting whether Jon Tate should remain on the Planning Commission-as he was inadvertently sworn in-and Council does not intend to swear in Dale Greene or Frank Bolick, all in accordance with the above-mentioned ordinance requirements.”
After lengthy discussion, Commissioner Yates, seconded by Commissioner Welch, moved to schedule a public hearing on Tuesday, October 15, 2013, at 6:00 P.M. to allow citizen comment on Board of Commissioners’ Extra-Territorial Jurisdiction appointments to the Town of Boone’s Planning Commission and Board of Adjustments and to direct the County Manager to send a letter to Town of Boone Manager, Greg Young, requesting a joint public meeting with the Boone Town Council to discuss the procedures for making Extra-Territorial Jurisdiction (ETJ) appointments to Town of Boone Boards.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-1(Miller)
A. Boards & Commissions (cont.)
County Manager Geouque stated that Dr. Gary Childers’ term to the Caldwell Community College and Technical Institute Board expired June 30, 2013. Dr. Childers has expressed his willingness to continue serving if reappointed. Mr. Lowell Younce has submitted an application and expressed interest in serving on this Board as well.
Commissioner Welch, seconded by Commissioner Kennedy, moved to reappoint Dr. Childers to the Caldwell Community College and Technical Institute Board.
VOTE: Aye-2(Kennedy, Welch)
Nay-3(Miller, Blust, Yates)
Vice-Chairman Blust, seconded by Commissioner Yates, moved to appoint Mr. Lowell Younce to the Caldwell Community College and Technical Institute Board.
VOTE: Aye-5
Nay-0
C. Smoky Mountain Board Update
Commissioner Kennedy updated the Board regarding the impending reconstitution of the Smoky Mountain Board and stated that neither Watauga County nor jurisdictional representation was currently slated to be on the new Board.
D. Announcements
County Manager Geouque announced that the Hunger and Health Coalition’s First Annual Homecoming Run for Hunger is scheduled on October 12, 2013, at 9:00 A.M. The 5K run/walk will benefit the Hunger and Health Coalition.
County Manager Geouque announced that Household Hazardous Waste Day is scheduled for Watauga County Citizens from 9:00 A.M. until 2:00 P.M. on Saturday, October 19, 2013, at the Watauga County Sanitation Department located on Landfill Road.
County Manager Geouque announced that Operation Medicine Cabinet is scheduled on Saturday, October 19, 2013, from 10:00 A.M. until 2:00 P.M. All prescription and over-the-counter medications will be accepted for disposal with no questions asked. This event will take place at the Foscoe Volunteer Fire Department and the three Food Lions (located in Boone, Blowing Rock, and Deep Gap).
County Manager Geouque announced that Green Valley Community Park, Inc., chose to withdraw their request to have the North Carolina Department of Transportation (NCDOT) Recreation Trails Program grant (which was awarded to, but rejected by, the Watauga County Tourism Development Authority) to Green Valley Community Park, Inc., to develop a river access on Pine Run Road and a walking trail at the Park.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 9:56 A.M., Commissioner Yates, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters per G. S. 143-318.11(a)(3) and Personnel Matters per G.S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 10:18 A.M.
VOTE: Aye-5
Nay-0
JOINT MEETING WITH THE ECONOMIC DEVELOPMENT COMMISSION
Watauga County Economic Development Director, Mr. Joe Furman and Planner, Mr. John Spear, joined the meeting as well as the following Watauga County Economic Development Commission members: Joseph Miller, Paul Combs, Ed Evans, Mary Hall, Tommy Sofield, Jeannine Underdown Collins, Rob Olsen, Charles Hardin, Dan Meyer,
Mr. Joseph Miller stated that Ms. Lauren Wentworth had been present but had to leave prior to the beginning of the joint meeting due to a prior obligation.
Mr. Miller stated that the Economic Development Commission had the following questions for the Board of Commissioners:
· What does the Board of Commissioners want for Watauga County’s economic future?
· What does the Board of Commissioners want the Economic Development Commission (EDC) to do?
· Should a track of land for a business park be sought?
Each Commissioner spoke to the questions and overall agreed to request the Economic Development Commission to continue moving forward toward future projects; however, project approval guarantees could not be given at this time.
[Clerk’s Notes: Mr. Dan Meyer left the meeting at 11:08 A.M.; Vice-Chairman Blust left the meeting at 11:14 A.M.; and Mr. Charles Hardin left the meeting at 11:25 A.M. – all due to prior commitments.]
Economic Development members were each given time to speak as well and concluded that guidance was being sought so that Board of Commissioner expectations were known. The Economic Development Commission planned to continue to work on bringing projects forward for consideration and to help grow the community.
ADJOURN
Commissioner Yates, seconded by Commissioner Kennedy, moved to adjourn the meeting at 11:54 A.M.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board