MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 5, 2014
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 5, 2014, 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 C. 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.
Commissioner 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 July 8, 2014, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the July 8, 2014, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to approve the July 8, 2014, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the August 5, 2014, agenda.
County Manager Geouque requested the addition of a Closed Session for Attorney/Client Matters per, G. S. 143-318.11(a)(3)
Chairman Miller requested the addition of a public hearing request from a citizen seeking to have his zip code changed by the United Stated Postal Service.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the August 5, 2014, agenda as amended.
VOTE: Aye-5
Nay-0
Watauga County Arts Council Request to Modify Lease
Ms. Cherry Johnson, Watauga County Arts Council, introduced Ms. Pat Lanno, President of the Watauga County Arts Council Board of Directors, who presented a request to continue to lease the facility located at 377 Shadowline Drive. The current lease is scheduled to expire April 15, 2015. The Arts Council has invested over $23,000 into the building and grounds.
The term of the proposed lease was for nine (9) years commencing April 16, 2015 and ending on April 15, 2024, and shall automatically renew for successive ninety (90) day periods unless either party gives notice of its intent not to renew. Rent was one dollar ($1) per year and any subleases must be approved by the Board of Commissioners. The County Manager presented a resolution to be approved by the Board authorizing the execution of the lease with final adoption at a regular Board meeting upon 10 days' public notice. Adoption of the resolution was required should the County desire to enter into the lease.
Notice was required to be given by publication describing the property to be leased, stating the annual lease payments, and announcing the Board's intent to authorize the lease at its next regular meeting. Board action was requested to tentatively approve the lease with the Watauga County Arts Council; approve the resolution authorizing the execution of the lease; and direct staff to provide public notice of the Board’s intent to lease the property at 377 Shadowline Drive for one dollar ($1) a year for a five (5) year period to the Watauga County Arts Council to be adopted and approved at the Board’s regularly scheduled meeting on August 19, 2014.
Vice-Chairman Blust, seconded by Chairman Miller, moved to approve the resolution and to direct staff to advertise the lease with final approval of the lease to be given at the August 19, 2014, Board meeting.
VOTE: Aye-4(Miller, Blust, Welch, Yates)
Nay-1(Kennedy)
Bid Award Request for Repairs to the Transfer Station Floor
Mr. J.V. Potter, Operations Service Director, presented the following bids received for repairs to the transfer station floor:
|
Bidder |
Bid Per Square Foot |
Total Bid |
|
Industrial Supply Solutions, Inc. |
$9.35 |
$88,825.00 |
|
Leak Associates, Inc. |
$13.16 |
$125,000.00 |
|
Tufco Carolinas, Inc. |
$15.00 |
$142,500.00 |
Mr. Potter stated that Industrial Supply Solutions offered the lowest responsive bid in the amount of $88,825. The proposal would repair approximately 9,500 square feet of floor space. The replacement of the floor was discussed during the budget process and adequate funds were available for the expense.
Commissioner Yates, seconded by Commissioner Kennedy, moved to award the bid to Industrial Supply Solutions in the amount of $88,825 for repairs to the transfer station floor.
VOTE: Aye-5
Nay-0
Request to Schedule a Public Hearing to Allow for Citizen Comment Regarding Proposed Amendments to the Ordinance to Govern Height of Structures in Watauga County
Mr. Furman, Planning and Inspections Director, requested a public hearing be scheduled to seek public input on an amendment to the County’s building height ordinance. Blue Ridge Mountain Club made a request to the Planning Board for the amendment. After review and consideration the Planning Board voted to recommend the ordinance change to the Board of Commissioners.
The amendment would simplify the method used to determine building height and allow the applicant an option to utilize the method as specified by the North Carolina Building and Residential Codes. No change would be made to the 40 foot height limitation.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to schedule a public hearing on September 16, 2014, at 6:00 P.M. to seek public input on a proposed amendment to the County’s building height ordinance.
VOTE: Aye-5
Nay-0
Maintenance Matters
A. Bid Award Request for Truck Purchase
Mr. Robert Marsh, Maintenance Director, presented the following bids for the purchase of one (1) 2015 Ford F250 4x4 pickup truck:
|
Bidder |
Amount |
|
Boone Ford |
$22,623.02 |
|
Ashe County Ford |
$22,642.60 |
|
Capital Ford |
$22,648.00 |
Mr. Marsh received three (3) bids in which Boone Ford was the lowest responsive bidder in the amount of $22,623.02 plus $684.69 for tax and tag. Adequate funds have been budgeted to cover the expenditure.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to award the bid to Boone Ford for one (1) 2015 Ford F250 4X4 pickup truck in the amount of $22,623.02 plus $684.69 for tax and tag, for a total amount of $23,307.71.
VOTE: Aye-5
Nay-0
B. Proposed Contract for Architectural Services for Medics Base #3
Mr. Marsh presented a contract as negotiated with Innovative Designs for architectural services for the new medic base as authorized at the May 7, 2014, Board meeting. Staff negotiated a fixed fee of $45,000, which protects the County should the project come in higher than budgeted. The current budget for the project is $667,000 of which $126,000 has been spent for land and preliminary engineering. The County Attorney stated that he had reviewed the contract and the firm had to comply with the Standard of Care for Architects.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the contract with Innovative Designs in the amount of $45,000 for architectural services for the new medic base.
VOTE: Aye-5
Nay-0
Communications & Emergency Services
A. Out-of-State Travel Request
Mr. Jeff Virginia stated at the November 19, 2013, meeting the Board approved the submission of a grant application to the North Carolina Emergency Management for a hazardous materials exercise in the amount of $10,000. The exercise scenario entails an accident in which hazardous materials would be released into the Watauga River affecting the counties of Watauga, Avery, Johnson and Carter with the latter two being located in Tennessee.
As part of the grant, out-of-state travel to Tennessee is required to complete the exercise. Mr. Virginia requested approval to authorize out-of-state travel for the staff members of the Emergency Services Department to attend the tabletop exercise.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to authorize out-of-state travel for the staff members of the Emergency Services Department to attend the tabletop exercise
VOTE: Aye-5
Nay-0
B. Proposed HMGP Grant Application
Mr. Steve Sudderth, Fire Marshal, presented an application to the Hazardous Mitigation Grant Program (HMGP) to apply for funding for the demolition and removal of a home located at 131 Morningside Drive in Boone. Several years ago numerous homes located in the area were demolished and removed along Morningside Drive as part of a HMGP project. At that time, the subject property owner was not interested in participating in the project. However, continued flood related issues after the sale of the home has prompted the new owners to request participation in the HMGP. Based on conversations with Mr. Sudderth, the Town of Boone is not interested in participating in the current application leaving the County the only option for assistance and relief for the home owner.
The total cost of the project is $215,874 with a required match of $53,968.50, which is to be paid by the State. The only cost to the County would be staff time and maintenance (mowing/weed eating) of the property once the project is completed. Staff would continue to work with the Town for possible incorporation into the existing lots already mitigated.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the application and adopt the resolution designating the County Manager as the Primary Agent and the Fire Marshal as the Secondary Agent.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of July 2014. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the Refunds and Releases Report for July 2014, as well as a report from the new motor vehicle billing system, North Carolina Vehicle Tax System (NCVTS), for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Refunds and Releases Report for July 2014, as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the North Carolina Vehicle Tax System Refunds and Releases Report for July 2014 as presented.
VOTE: Aye-5
Nay-0
Request to Schedule A Public Hearing to Allow for Citizen Comment Regarding A Citizen’s Request to Change Zip Code
Chairman Miller stated that a citizen had requested an address change for his residence from a Lenoir zip code to a Boone zip code. The United States Postal Service stated that a public meeting had to be held prior to consideration of such a change. Chairman Miller stated that the citizen had requested the Board of Commissioners hold a public hearing at the October 21, 2014, Board meeting which would serve as the required public hearing.
Chairman Miller, seconded by Commissioner Kennedy, moved to schedule a public hearing on October 21, 2014, at 6:00 P.M. to seek public input on a citizen’s request to the United States Postal Service for a change of zip code for his residence.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Caldwell Community College & Technical Institute (CCC&TI) Proposed Land Transfer
County Manager Geouque stated that, as discussed at the annual retreat, Caldwell Community College and Technical Institute had turned over the Continuing Education Building to the County as they no longer required the use of the building with the completion of the new facility at the White Oak Campus. Staff examined the building and reviewed potential uses for County operations. Based on the review, staff recommends surplus of the property and authorization for the sale of the property on GovDeals as there were no current County needs for the facility. If approved, a sale price needed to be established and adopted in the proposed resolution authorizing the sale of the property on GovDeals. The current tax value of the property is $331,000.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to accept the Continuing Education Building and property from Caldwell Community College and Technical Institute, surplus the property, and adopt the resolution authorizing the sale of the property through GovDeals with the minimum beginning bid set at $331,000.00.
VOTE: Aye-5
Nay-0
B. Request to Accept Grant to Fund Potential Recreation Center Site Analysis and Renderings
County Manager Geouque stated that at the last Board meeting, direction was given to staff to pursue and accept a $10,000 grant from the NC Community Foundation to fund all or a portion of the site analysis for a potential recreation center. Mr. Francis with the NC Community Foundation indicated that he would not have a response regarding the funding until possibly August.
After the Board meeting, Ms. Jennifer Greene with the Appalachian District Health Department notified County staff of the availability of $10,000 in funding as part of their Community Transformation Grant. The County Manager presented a Memorandum of Understanding (MOU) between the County and the Appalachian District Health Department to provide a one-time grant award in the amount of $10,000 for a site analysis for a recreation center. County staff would continue to work with the NC Community Foundation and in the event additional funding was provided the scope of the project could be increased to utilize the additional funding.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Memorandum of Understanding (MOU) with the Appalachian District Health Department to provide $10,000 for a site analysis at 231 Complex Drive for a potential recreation center.
VOTE: Aye-5
Nay-0
C. Appointment of the 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 is scheduled for August 14-17, 2014, in Buncombe County. Each county in attendance is required to select a voting member for representation at the Annual Business Meeting which is conducted as a part of the conference.
Commissioner Yates, seconded by Chairman Miller, moved to appoint Commissioner Kennedy as the Watauga County voting delegate at the North Carolina Association of County Commissioners' Annual Business Meeting
VOTE: Aye-5
Nay-0
County Manager Geouque stated that Smoky Mountain Center has requested a Watauga County representative be appointed to the Smoky Mountain Advisory Board.
Chairman Miller, seconded by Commissioner Yates, moved to appoint Commissioner Kennedy as the Watauga County representative on the Smoky Mountain Center Advisory Board.
VOTE: Aye-5
Nay-0
D. Boards and Commissions
County Manager Geouque stated that Ms. Laura Jane Ward, Regional Ombudsman with the High Country Council of Governments, requested that Mr. Herbert Hash be considered for reappointment to the Watauga County Nursing Home Advisory Committee for a three-year term. This was a second reading and, therefore, action could be taken, if so desired.
Commissioner Kennedy, seconded by Commissioner Welch, moved to reappoint Mr. Herbert Hash to the Watauga County Nursing Home Advisory Committee for a three-year term.
VOTE: Aye-5
Nay-0
E. Announcements
County Manager Geouque announced the following:
· The North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 14-17, 2014, in Buncombe County.
· A public hearing will be held at 6:00 P.M. on Tuesday, August 19, 2014, to allow citizen comment on the January 1, 2015, elimination of the Town of Boone’s Extraterritorial Jurisdiction (ETJ) in the Commissioners’ Board Room.
· A Reception will be held on Friday, August 15, 2014, from 5:30 to 7:30 P.M. at Crossnore School to honor Judge Alexander Lyerly upon his retirement from a career of service.
Public Comment
Ms. Mary Tome and Ms. Janet Hutchinson shared concerns regarding the County’s tennis courts.
Closed Session
At 9:37 A.M., Commissioner Kennedy, seconded by Commissioner Welch, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to resume the open meeting at 10:00 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 10:00 A.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board