MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, FEBRUARY 18, 2014

 

The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 18, 2014, 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

Stacey “Four” 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.

 

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 February 4, 2014, regular meeting minutes.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the February 4, 2014, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the February 4, 2014, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Miller called for additions and/or corrections to the February 18, 2014, agenda.

 

County Manager Geouque requested consideration of a subordination agreement with the Watauga County Humane Society be added to the agenda.

 

Commissioner Kennedy requested to give an update on Federal Poverty Levels.

 

County Attorney Eggers stated that he did not have Attorney/Client information to review and requested Closed Session be removed from the agenda.

 

Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the February 18, 2014, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Southern Appalachian Historical Association (SAHA) Funding Request

Mr. Clyde Burleson, Board member of the Southern Appalachian Historical Association (SAHA), introduced Mr. Greg Williams, SAHA Vice-Chairman, along with Board members Michelle Ligon and Katie Cook.

 

Mr. Williams stated that the SAHA Board Chairman was in China and unable to attend.  Mr. Williams gave a report on SAHA and the tourism revenue generated within the County.  Mr. Burleson requested continued financial support through the budget process and stated that the SAHA Board requested $25,500 in financial support for FY 2015. 

 

In addition to the monetary request, SAHA also requested assistance in the demolition of a building on their site and the waiving of landfill tipping fees.

 

The County Manager shared that the Board provided $8,400 in emergency funding to SAHA in May of 2013 and $12,000 was budgeted for the current Fiscal Year.

 

Consideration of the funding was tabled and instruction was given to present that request through the customary budget process.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to authorize the Maintenance Director to review the building to be demolished for asbestos and, contingent upon no asbestos being present, authorized the use of County staff and equipment to demo the building and authorized the waiving of landfill fees for demolition debris.

 

VOTE:  Aye-5

             Nay-0

Watauga Library Annual Report

Ms. Monica Caruso, County Librarian, presented the Watauga County Public Library Annual Report.

 

The report was for information only; therefore, no action was required.

Subordination Agreement Request from Watauga Humane Society

Ms. Laurie Vierheller, Watauga Humane Society Executive Director, stated that the Watauga Humane Society was in the process of refinancing the existing debt on the shelter.  Since Watauga County presently holds a second mortgage on the shelter and property securing the original principal amount of Four Hundred Thousand Dollars ($400,000.00).  Ms. Vierheller stated that the Humane Society has paid debt down and now wanted to refinance the remaining balance to obtain more favorable terms and cost savings.  Ms. Vierheller stated that this was a refinance only and no extension was requested.

 

County Attorney Eggers stated that he had reviewed the subordination agreement and it was legally appropriate to accomplish the goal.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the subordination agreement as presented.

 

VOTE:  Aye-5

             Nay-0

Recycling Grant Application Request

Ms. Lisa Doty, Recycling Coordinator, requested authorization to apply for a 2014 Community Waste Reduction and Recycling Grant from the North Carolina Department of Environment and Natural Resources.  The grant would provide recycling containers for County offices and schools.  The new containers would help increase the opportunity to recycle and potentially reduce waste sent to the transfer station.  The grant would be in the amount of $15,110 with a twenty-percent local match which would be budgeted for Fiscal Year 2015.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to authorize the submission of the grant application in the amount of $15,110 and to approve the twenty-percent (20%) County match, in the amount of $3,022, to be included in the Fiscal Year 2015 budget.

 

VOTE:  Aye-5

             Nay-0

Proposed Allocation of Home & Community Care Block Grant (H&CCBG) Funds for FY 2014

Ms. Angie Boitnotte presented the final Home and Community Care Block Grant (H&CCBG) funds allocation for Fiscal Year 2014 in the amount of $248,852 and reviewed the distribution of the funds.  A required local match of $27,650 was present in the Project on Aging's current budget.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Home & Community Care Block Grant allocation to the Project on Aging for Fiscal Year 2014 in the amount of $248,852.

 

VOTE:  Aye-5

             Nay-0

Maintenance Matters

A.  Request to Renew Mowing Contract

 

Mr. Robert Marsh, Maintenance Director, presented a proposal to renew the contract with Estate Maintenance for the County’s mowing service which would expire soon.  The original contract was for three (3) years with a two (2) year extension which was exercised (due to the excellent service rendered and no increase in the base rate).  In the proposed contract, Estate Maintenance has requested a five percent (5%) increase in the base rate which would be locked in for a five (5) year period.  Therefore, the base rate would increase from $77,000 to $80,850 for that five (5) year period.  As a point of reference, the new base rate of $80,850 was less than the next lowest bidder from the initial 2009 bid.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the contract renewal with Estate Maintenance in the amount of $80,850 effective July 1, 2014, through June 30, 2019.

 

VOTE:  Aye-5

             Nay-0

 

B.  Hwy 321 Site Evaluation

 

Mr. Marsh requested to hire Valor Engineering to provide services to the County during the due diligence period of the potential property acquisition for the new ambulance station.  The staff recommendation was based on the firm’s understanding of the project scope, concept, and the time constraints as imposed by the due diligence period.  In order to expedite the process, a negotiated contract was also presented.

 

County Attorney Eggers stated that he had reviewed the negotiated contract and had changes to recommend.  The County Attorney also stated that to hire Valor Engineering, the Board would be required to exempt the project from the Qualifications-Based Selection (QBS) process.

 

Chairman Miller presented a proposal that had also been received from Blue Ridge Environmental Consultants, PA., which included a fee schedule.

 

County Manager Geouque, along with County Attorney Eggers, both stated that the selection had to be solely based on the qualifications of the firms not the costs of the services.

 

Vice-Chairman Blust, seconded by Commissioner Welch, moved to exempt the project from the Qualifications-Based Selection (QBS) process and to approve the contract with Valor Engineering, contingent upon County Attorney review, for included services to determine the suitability of the proposed property for the new ambulance station not to exceed $20,510.

 

VOTE:  Aye-4(Blust, Kennedy, Welch, Yates)

             Nay-1(Miller)

 

C.  Bid Award Request for Construction of Restrooms at Rocky Knob Park

 

Mr. Marsh stated that the following bids were received for the construction of restrooms at Rocky Knob Park:

 

Bidder

Certified Check or Bid Bond

Base Bid

Alternate 1 Deduct

Houck Contracting

Hickory, NC

Bid Bond

$136,275

$3,200

MBI Builders

North Wilkesboro, NC

Bid Bond

$155,000

$5,000

Wishon & Carter Builders

Yadkinville, NC

Bid Bond

$159,057

$8,459

Greene Construction, Inc.

Boone, NC

No Bid Bond

No Check

 

 

Brushy Mountain Builders, Inc.

Lenoir, NC

Bid Bond

$126,806

$5,000

Douglas L. McGuire Construction  Co., Inc.

Boone, NC

Bid Bond

$163,476

$3,400

Kanipe Construction

Vilas, NC

Bid Bond

$107,173

$7,576.80

 

Kanipe Construction of Vilas was the lowest responsive bidder in the amount of $107,173.  Mr. Marsh recommended the Kanipe Construction bid including the Alternate 1 Deduct.  The Alternate 1 Deduct utilized concrete in place of flagstone for the walkway.  The total bid exercising the alternate deduct was $99,596.20.

 

Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the lowest responsive bid as received by Kanipe Construction in the amount $99,596.20 which included the Alternate 1 Deduct in the amount of $7,576.80 contingent upon County Attorney review and contingent upon the Tourism Development Authority’s (TDA) approval including that the TDA fully-fund the project.

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on Proposed Amendments to the Following Ordinances as Recommended by the Watauga County Planning Board:

A.  Ordinance to Regulate High Impact Land Uses

B.  Flood Damage Prevention Ordinance

C.  Ordinance to Regulate Junkyards and Automotive Graveyards

D.  Ordinance to Regulate Wind Energy Systems

E.  Ordinance to Govern Structures on Land Adjacent to National Park Service Land

F.  Ordinance to Govern Subdivisions & Multi-Unit Structures

G.  Ordinance to Regulate Signs

H.  Height of Structures Ordinance

I.   Manufactured Home Parks Ordinance

 

Mr. Joe Furman, Planning and Inspections Director, stated that the amendments to the various ordinances were mandated due to the changes in the North Carolina General Statutes and also included grammatical corrections.

 

Based on the recommendation of staff and the County Attorney the proposed amendments also designate the Board of Adjustments to act as the variance granting Board.  Lengthy discussion was held.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to declare the public hearing open at 6:46 P.M. to allow citizen comment on proposed amendments to the following:  Ordinance to Regulate High Impact Land Uses; Flood Damage Prevention Ordinance; Ordinance to Regulate Junkyards and Automotive Graveyards;           Ordinance to Regulate Wind Energy Systems; Ordinance to Govern Structures on Land Adjacent to National Park Service Land; Ordinance to Govern Subdivisions & Multi-Unit Structures; Ordinance to Regulate Signs; Height of Structures Ordinance;  and Manufactured Home Parks Ordinance.

 

VOTE:  Aye-5

             Nay-0

 

There being no public comment, Chairman Miller declared the public hearing closed at 6:46 P.M.

 

Commissioner Yates, seconded by Commissioner Welch, moved to adopt the proposed amendments to the following as presented:  Ordinance to Regulate High Impact Land Uses; Flood Damage Prevention Ordinance; Ordinance to Regulate Junkyards and Automotive Graveyards;    Ordinance to Regulate Wind Energy Systems; Ordinance to Govern Structures on Land Adjacent to National Park Service Land; Ordinance to Govern Subdivisions & Multi-Unit Structures; Ordinance to Regulate Signs;  Height of Structures Ordinance;  and Manufactured Home Parks Ordinance.

 

VOTE:  Aye-3(Miller, Kennedy, Welch)

             Nay-2(Blust, Yates)

Budget Amendments

Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:

 

Account #

Description

Debit

Credit

103991-399100

Fund Balance Appropriation

 

$150,000

104199-457000

Capital Outlay-Land Purchase

$150,000

 

 

The amendment allocated funds for the potential property purchase and due diligence services for the new ambulance site in the western part of the County.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:  Aye-5

             Nay-0

Update on Federal Poverty Levels

Commissioner Kennedy shared the following Federal Poverty Levels and stated that support should be given to programs working to alleviate poverty:

 

Persons in Family/Household

Poverty Guideline

1

$11,670

2

$15,730

3

$19,790

4

$23,850

Miscellaneous Administrative Matters

A.  Boards & Commissions

 

Watauga County Nursing Home Community Advisory Committee

County Manager Geouque presented a second reading on a request from Ms. Julie Wiggins, Regional Ombudsman with High Country Council of Governments’ Area Agency on Aging, to reappoint both Ms. Karen Robertson and Dr. Larry Keeter to the Watauga County Nursing Home Community Advisory Committee to fill vacancies that will exist as of March 1.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to reappoint Ms. Karen Robertson and Dr. Larry Keeter to the Watauga County Nursing Home Community Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

 

Watauga County Adult Care Home Community Advisory Committee

County Manager Geouque presented a second reading on a recommendation from Ms. Wiggins that Mr. Harold Eller be reappointed to the Watauga County Adult Care Home Community Advisory Committee for a one-year term and a first reading for Ms. Pat Taylor and Ms. Angelina Greene to both be reappointed, each for three-year terms.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to reappoint Mr. Harold Eller to the Watauga County Adult Care Home Community Advisory Committee for a one-year term.

 

VOTE:  Aye-5

             Nay-0

 

Consideration of Ms. Taylor and Ms. Greene’s appointments were tabled to allow for second readings.

 

AppalCART

County Manager Geouque presented a second reading of AppalCART’s recommendation for the appointment of Mr. Quint David as the Boone Town Council representative to the AppalCART Board.  Mr. David’s appointment would coincide with his term as a Boone Council Member.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to appoint Mr. Quint David as the Boone Town Council representative to the AppalCART Board with his term to coincide with his term as a Boone Council Member.

 

VOTE:  Aye-5

             Nay-0

 

Watauga County Planning Board

County Manager Geouque presented a second reading of a request by Mr. Joe Furman, Planning and Inspections Director, to reappoint Mr. Ric Mattar to the Watauga County Planning Board.

 

Commissioner Yates, seconded by Commissioner Welch, moved to reappoint Mr. Ric Mattar to the Watauga County Planning Board.

 

VOTE:  Aye-5

             Nay-0

 

Watauga County Tourism Development Authority

County Manager Geouque presented a first reading of the terms of Mr. Matthew Vincent and Ms. Connie Baird which were to expire in February 2014 on the Watauga County Tourism Development Authority.  Both have submitted volunteer applications and are willing to continue to serve if so appointed.  Volunteer applications were also received from Mr. Greg Tarbutton and Mr. William Leonard each of whom also expressed interest in serving.  The County Manager stated that Ms. Sonya Garland had resigned and therefore, there was a vacancy for an unexpired term as well.

 

Consideration of these appointments was tabled to allow for second readings.

 

B.  Announcements

 

County Manager Geouque announced that:

 

·       The Annual Pre-Budget Retreat will be held on Friday, February 21 (12:00 – 6:00 P.M.), and Saturday, February 22 (9:00 A.M. – 12:00 P.M.), 2014, in the Commissioners’ Board Room. 

 

·       The North Carolina Association of County Commissioners will be holding district meetings across the State in March and April with the meeting for our district being on April 3, 2014 in Catawba County.  If you wish to attend, please see Anita who will be happy to RSVP for you.

Public Comment

There was no public comment; however, the following Commissioner comments were made:

 

Commissioner Kennedy asked the County Attorney if anything was going on at the State level to override the County’s vote against the Beech Mountain water intake request.

 

County Attorney Eggers stated that he had not been involved in any such procedures and advised him to contact the Beech Mountain Town Manager for more information.

 

Vice-Chairman Blust shared concerns about pedestrian traffic on Bamboo Road from the Bradford Park area to the convenience store at the corner of Bamboo Road and Hwy 421.

Adjourn

Commissioner Yates, seconded by Commissioner Welch, moved to adjourn the meeting at 7:12 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

Nathan A. Miller, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board