MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 16, 2014
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, September 16, 2014, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, 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 5:31 P.M.
Chairman Miller announced that Vice-Chairman Blust was absent due to a death in his family.
Chairman Miller 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 August 19, 2014, regular meeting and August 28, 2014, special meeting minutes.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the August 19, 2014, regular meeting minutes as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the August 19, 2014, special meeting minutes as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the September 16, 2014, agenda.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the September 16, 2014, agenda as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Sheriff’s Office Vehicle Bid Award Request
Captain Kelly Redmon presented the following vehicle prices for six (6) new Ford All-Wheel Drive Police Interceptor SUVs:
Capital Ford $25,952.00
Boone Ford $26,813.01
Ashe County Ford $25,754.93
The low bid from Ashe County Ford for the All-Wheel Drive Police Interceptor SUV is $25,754.93 at a cost of $154,529.58 for the six vehicles. The total amount, including $4,671.89 for taxes and tags, is $159,201.47.
In addition, DANA Safety Supply of Greensboro has agreed to honor last year’s price for equipment and installation at $4,096.27 per vehicle for a total cost of $20,481.35. The detention vehicle will not require any equipment. Adequate funds are budgeted to cover the cost of the vehicles and equipment and installation.
Commissioner Yates, seconded by Commissioner Welch, moved to accept the low bid from Ashe County Ford in the amount of $154,529.58 plus $4,671.89 for taxes and tags for a total amount of $159,201.47 and to award the bid to DANA Safety Supply of Greensboro for the installation of equipment for five (5) of the vehicles at a total cost of $20,481.35.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Presentation of Watauga County Community Child Protection Team’s 2013 Annual Report
Ms. Gail Hawkinson presented the annual report for the Watauga County Community Child Protection Team which is tasked with reducing the acts of abuse and violence against children in the County. In addition, Ms. Hawkinson provided the following list of team members:
Composition of the CCPT as detailed in NCGS 7B1407:
County Director of DSS Tom Hughes
Member of the DSS Director’s Staff Chad Slagle
Local Law Enforcement Officer Dee Dee Rominger
Attorney from Office of the DA Garland Baker
Community Action Agency Director Crystal Kelly (Children’s Council)
Superintendent (designee) of School Administration Dr. Paul Holden
Mental Health (LME) Karen Brown
Member of Board of DSS (County Commissioner) Billy Kennedy
Guardian Ad Litem Coordinator Valerie Daniel
Local Health Care Provider Merina Church
Director of Public Health (designee) Tiffany Minton
Members at Large:
Chair, Retired MH Psychologist Gail Hawkinson
OASIS Community Action Agency Kerry Gersonde
Appalachian HealthCare (AARHC) Kim Greene
Mental Health Provider (Daymark) Dr. Murray Hawkinson
Children’s Advocacy Center Selena Moretz
Ms. Hawkinson requested the Board consider expanding the roles of the “members at large” category to include no more than twenty-five team members to serve as consultants.
County Attorney Eggers stated that he would research to see if an amendment to the CCPT Bylaws would be necessary to expand the number of team members and to see if a signed confidentiality statement by new members would be required.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the annual report along with the member list as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Request to Accept Grant Award from the NC Agriculture Development and Farmland Preservation Trust Fund Program
Mr. Brian Chatham stated that the Soil and Water Conservation Office recently received an award letter in the amount of $25,000 which was $11,300 less than requested in the application approved by the Board at the December 17, 2013, meeting.
At that December meeting, the Soil and Water and Cooperative Extension Offices requested and were granted authorization from the Board to apply for a $36,300 grant from the North Carolina Agricultural Trust Fund. The grant required a fifteen percent (15%) match in cash or in-kind services. The request was to appropriate $3,000 from the remaining multiflora rose program. This would have left approximately $4,562 unspent in the multiflora rose program funds.
Cooperative Extension Director, Mr. Jim Hamilton, then proposed that $3,000 of the match be in cash and the remaining $2,445 be in-kind services from Cooperative Extension and Soil and Water salaries. The new recommendation is to utilize the $3,000 in cash from the multiflora rose program and reduce the in-kind match from $2,445 to $750 for a total grant match of $3,750.
Commissioner Kennedy, seconded by Commissioner Yates, moved to accept the grant from the North Carolina Agricultural Trust Fund in the amount of $25,000 with $3,750 match to include $3,000 in cash from the multiflora rose program and $750 in-kind services from Cooperative Extension and Soil and Water salaries.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Public Hearing Request to Allow Citizen Comment on the NC Rural Operating Assistance Program Grant on Behalf of AppalCART
Mr. Chris Turner requested a public hearing be scheduled on Tuesday, October 7, 2014, to allow citizen comment on the Rural Operating Assistance Program (ROAP) grant application for FY 2015. Scheduling the hearing for the first meeting in October will give AppalCart additional time in submitting the grant which is due October 24, 2014.
Commissioner Yates, seconded by Commissioner Welch, moved to schedule a public hearing for Tuesday, October 7, 2014, at 9:00 A.M. to allow citizen comment on the Rural Operating Assistance Program (ROAP) grant application for FY 2015.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Request of Support by the Appalachian Regional Library System and Watauga County Library
Ms. Jane Blackburn, Appalachian Regional Library Director, requested the Watauga County Board of Commissioners consider including language regarding the public library in its formulation of legislative goals to be presented to the North Carolina Association of County Commissioners (NCACC) this fall. The request includes the state to fulfill its obligation of supporting public libraries by restoring funding for State Aid to Public Libraries and to preserve the integrity of the existing distribution formula.
Commissioner Kennedy, seconded by Commissioner Welch, moved to submit the request to be included in the NCACC’s Legislative Goals priorities and to continue to discuss and consider additional priorities as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Public Hearing to Allow Citizen Comment Regarding Proposed Amendments to the Ordinance to Govern the Height of Structures in Watauga County
Chairman Miller stated that a public hearing has been scheduled to allow citizen comment regarding proposed amendments to the Ordinance to Govern the Height of Structures in Watauga County.
Commissioner Kennedy, seconded by Commissioner Yates, moved to call the public hearing to order at 6:12 P.M.
Mr. Joe Furman stated that the purpose of the amendment was to simplify the method used to determine building height and, at the same time, provide the applicant the option to use the more complicated method found in the NC Building and Residential Codes. The 40 foot height limitation would remain unchanged.
As there was no citizen comment, Chairman Miller declared the public hearing closed at 6:17 P.M.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the Amendments to the Ordinance to Govern the Height of Structures in Watauga County as presented.
VOTE: Aye-3(Kennedy, Welch, Yates)
Nay-1(Miller)
Absent-1(Blust)
Middle Fork Greenway Project Change Order Request
Mr. Joe Furman stated that at the April 1, 2014, Board meeting, J.W. Hampton Company was awarded the bid for the Middle Fork Greenway project in the amount of $350,616.60. During the construction process it was discovered that a fifteen (15) inch storm drain empties into the box culvert that was to be converted into the greenway. The North Carolina Department of Transportation (NCDOT) will not allow the storm drain to empty into the box culvert and therefore a change order in the amount of $19,911.15 is requested. Mr. Furman was able to negotiate an additional $25,000 from NCDOT to cover the cost. The new total cost of the project would be $400,000.
Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the $19,911.15 change order from J.W. Hampton Company to reroute the fifteen (15) inch storm drain, and to approve the attached supplemental agreement between the County and the North Carolina Department of Transportation for the additional $25,000.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Sanitation Matters
A. Bid Award Request for Brush Grinding Services
Mr. J.V. Potter, Operations Service Director, presented the following bids received for brush grinding:
Superior Mulch $18.24 per ton
Riverside Stump Dump $25.00 per ton
Carolina Mulch No Bid Received
Horizon Hardscape No Bid Received
Mr. Potter recommended approval of the low bid with Superior Mulch in the amount of $18.24 per ton for brush grinding. Adequate funds were budgeted to cover the contract expense.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the contract with Superior Mulch for the grinding of brush at a rate of $18.24 per ton for Fiscal Year 2014-2015.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
B. Clarification Regarding Contract for Transfer Station Floor Repairs
Mr. Potter stated that the Board approved a contract for repairs on the transfer station floor at the August 5, 2014, Board meeting. Staff provided information on the warranty of the product to be used in the repair to be five (5) years. However, upon execution of the contract it was discovered that the warranty on the product was for a one (1) year period. Upon review, all of the products offered for repair carried a one (1) year warranty including the existing floor of the transfer station. However, based on research with current customers the products have lasted over five (5) years or more, thus the confusion from staff.
Mr. J.V. Potter, Operations Service Director, is still recommending Industrial Supply Solutions the lowest responsive bidder 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 are available for the expense.
Commissioner Yates, seconded by Commissioner Welch, moved to proceed with Industrial Supply Solutions in the amount of $88,825 for repairs to the transfer station floor with the one (1) year warranty.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Project on Aging Matters
A. Allocation Request of FY 2015 Home & Community Care Block Grant (H&CCBG) Funds
Project on Aging Director, Ms. Angie Boitnotte, presented the allocation of $251,376 in Home and Community Care Block Grant (H&CCBG) funds for FY 2015. The required local match was $27,931 and was present in the Project on Aging's FY 2015 budget. This is a $4,687 reduction from the original allocation of $256,063.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Home and Community Care Block grant allocations as recommended by the Home & Community Care Block Grant Committee.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
B. Senior’s Health Insurance Information Program (SHIIP) Grant/Contract Acceptance Request
Ms. Angie Boitnotte, Director of Project on Aging (POA), requested the Board accept the FY 2015 grant/contract for the Senior’s Health Insurance Information Program (SHIIP). The grant is in the amount of $3,051 and requires no County funds. The funds are used to provide assistance and outreach to low-income citizens.
Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the Senior Health Insurance Information Program grant as presented by Ms. Boitnotte.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Hazardous Materials Planning Grant Application Request
Mr. Jeff Virginia, Emergency Services Director, requested the Board authorize the submittal of a Hazardous Materials Planning Grant. The proposed exercise scenario would involve a gasoline tanker overturning at the curve at the Elk Motel and spilling the contents into the New River.
The proposed exercise will include Watauga County Fire Departments, North Carolina Highway Patrol, Watauga County Sheriff’s Office, Boone Police Department, Watauga Medical Center, Watauga Medics, Watauga County EMS, public health, and water departments of Boone, Blowing Rock, and ASU.
Commissioner Yates, seconded by Commissioner Welch, moved to authorize the submission of the application for the Hazardous Materials Planning Grant as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of August 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 August 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 Yates, moved to approve the Refunds and Releases Report for August 2014 and to approve the North Carolina Vehicle Tax System Refunds and Releases Report for August 2014 as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Miscellaneous Administrative Matters
A. Oak Street Property Sale Update
County Manager Geouque stated that the Board accepted a proposed Purchase and Sales Contract presented by Mr. John Winkler for County-owned property located at 347 Oak Street in the amount of $160,000 on August 28, 2014.
The upset bid period closed September 10, 2014, with no upset bids received. Therefore, the Board may take action to reject the bid; direct staff to continue advertising the property as is or utilize GovDeals and pay a 7.5% commission if a bid is accepted; or accept Mr. Winkler’s proposal in the amount of $160,000 with a 180 day investigation period which would begin upon acceptance of the bid.
Commissioner Welch, seconded by Commissioner Yates, moved to accept the offer from Mr. John Winkler to purchase the County-owned property located at 347 Oak Street in the amount of $160,000 with a 180 day investigation period.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
B. Sheriff’s Office Equipment and Licensing Contract
County Manager Geouque stated that the Sheriff’s Office had requested approval of contracts with MSAB, Inc. in the amount of $13,015 for equipment, software, and training that will allow the retrieval of information from cellphones. The equipment is $8,010 and the software is $2,495 minus a $490 discount for a total of $10,015. Training for the equipment is $3,000 with an additional $564.32 travel expenses. Recurring costs will be approximately $4,490 which covers licensing and software updates. Since this is an unbudgeted item, a budget amendment will be forthcoming to include a fund balance appropriation from the federal drug funds for the first year cost of $13,579.32.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the contracts with MSAB for $10,015 for equipment, software, and freight and $3,000 for training and $564.32 for travel expenses for a total amount $13,579.32.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
C. Proposed Amendment to the Watauga Humane Society Agreement
County Manager Geouque presented a proposed amendment to the Watauga Humane Society agreement specifying that the quarterly payment be paid annually in a lump sum no later than September of each year. The last three years the Humane Society requested a lump sum payment in the first quarter which required Board action to approve.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the amendment to change the quarterly payment to an annual lump sum payment.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
D. Boards and Commissions
The following Boards and Commissions appointments were reviewed as first readings:
Watauga County Nursing Home Community Advisory Committee
Regional Ombudsman, Laura Jane Ward, has requested that Mr. Tim Racz be considered for appointment to serve on the Watauga County Nursing Home Community Advisory Committee.
Watauga County Board of Adjustment
The Watauga County Board of Adjustment terms of Mr. Bill Ragan, Mr. Baxter Palmer, and Ms. Diana Mast White expire in November. Mr. Ragan and Mr. Palmer are willing to serve if reappointed. Ms. White is not available to serve in the coming year. A notice requesting volunteers has been placed on the County’s website. No applications have been received at this time.
Valle Crucis Historic Preservation Committee
The Valle Crucis Historic Preservation Committee terms of Ms. Sarah Mast and Dr. Susan Mast will expire in September. Both are willing to continue to serve if reappointed.
Appalachian Regional Library Board
The Watauga County Library Board recommends that Ms. Ala Sue Moretz be appointed to the Appalachian Regional Library Board to fill a term that expired in August.
As the above were first readings, consideration and action was tabled until the next meeting.
E. Announcements
County Manager Geouque announced the following:
· Caldwell Community College and Technical Institute (CCC&TI) has invited the Board to attend a Trustees of CCC&TI dinner meeting on Wednesday, September 17, 2014, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass Room 112.
Public Comment
There was no public comment.
Closed Session
At 6:56 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(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Commissioner Yates, seconded by Commissioner Welch, moved to resume the open meeting at 7:47 P.M.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 7:47 P.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