MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 7, 2015
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, April 7, 2015, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Jimmy Hodges, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Clerk’s Note: Commissioner Yates was absent due to a prior commitment.]
Chairman Hodges called the meeting to order at 8:30 A.M.
Chairman Hodges opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the February 26 & 27, 2015 special meeting minutes as well as the March 17, 2015, regular meeting and closed session minutes.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the February 26 & 27, 2015, special meeting minutes as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the March 17, 2015, regular meeting minutes as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the March 17, 2015, closed session minutes as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the April 7, 2015, agenda.
County Attorney Eggers requested to add possible action after closed session.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the April 7, 2015, agenda as amended.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Presentation of Smoky Mountain Center’s Audited Financial Statements
[Clerk’s Note: Mr. Nirde with Smoky Mountain Center was not at the meeting and, therefore, the presentation was made after Finance Matters by Commissioner Kennedy and Ms. Margaret Pierce, Watauga County Finance Director.]
W.A.M.Y. Community Action Proposed Proclamation Celebrating 50 Years of Service
Ms. Melissa Soto, Director of W.A.M.Y. Community Action, presented a proposed proclamation celebrating fifty (50) years of service. Ms. Soto shared information on the impact of W.A.M.Y. services to our County.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the proclamation as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Cooperative Extension Matters
A. Proposed Proclamation Establishing Greening My Plate Month
Mr. Bill Moretz requested the month of April 2015 be declared as Greening My Plate Month through the adoption of a proposed proclamation. The proclamation would bring awareness to the benefits of locally grown fruits and vegetables as well as recognize and celebrate the farmers who provide produce.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the proclamation as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
B. Staffing Request
Mr. Jim Hamilton, Director of Cooperative Extension, requested authorization to hire the temporary horticulture agent on a full-time basis. The position was approved by the State but would be 100% County funded. The resignation of the 4-H agent and the reduction-in-force of the support specialist allows for the hiring of the horticulture agent at 100% County funding with no increase in the budget. Therefore, Mr. Hamilton is requesting Board approval to hire the horticulture agent with the position being 100% County funded.
The County Manager stated that changes mandated by the State of NC have been accounted for by Mr. Hamilton and the County should see small increases for the FY 2015-2016 and FY 2016-2017 budgets versus the substantial increases that were projected initially. Mr. Hamilton and his staff are to be commended on a job well done.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve hiring a full-time horticulture agent funded 100% by the County effective immediately.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Community Pride Week Proposed Proclamation
Ms. Heather Bowen, Recycling Coordinator, presented a proposed proclamation declaring Monday, May 11 – Saturday, May 16, 2015, as Community Pride Week in Watauga County. Ms. Bowen stated that the event is conducted with great success each year by Sanitation staff.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the proclamation as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Proposed Allocation of FY 2015 Home & Community Care Block Grant (H&CCBG) Funds
Ms. Angie Boitnotte, Project on Aging Director, requested the Board accept an increase in the FY 2015 Home and Community Care Block Grant (H&CCBG) funds in the amount of $188. The required local match of $21 is present in the Project on Aging's FY 2015 budget.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the $188 increase in Community Care Block Grant (H&CCBG) funds for FY 2015 and approve the local match of $21.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Proposed Contract for Engineering Services to Perform Construction and Administration Services for the South Fork New River Greenway Extension Project
Mr. Joe Furman, Planning and Inspections Director, stated that at the March 17, 2015, Board meeting, approval was granted to negotiate a contract with Vaughn & Melton Associates to perform construction administration for the South Fork New River greenway extension project. Vaughn & Melton provided the construction administration for the Middle Fork greenway project. The County was satisfied with the services provided by Vaughn & Melton. Mr. Furman recommended the Board award a contract to Vaughn and Melton for greenway construction administration in an amount not to exceed $61,363.
Commissioner Kennedy, seconded by Commissioner Welch, moved to award the contract for greenway construction administration to Vaughn & Melton in an amount not to exceed $61,363 contingent upon the County Attorney’s review.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Mr. Furman stated that the County received three bids for construction of the South Fork New River Greenway Extension with Greene construction being the lowest bidder in the amount of $519,298 which was an amount consistent with what the engineer had estimated. James R. Vannoy and Sons’ bid was in the amount of $861,024.77 and J.W. Hampton Company’s bid was in the amount of $899,080.
Mr. Furman requested the Board award a contract to Greene Construction in the amount of $519,298 for the greenway construction. The County has spent $17,623 to date. With the award of the two contracts plus the $2,040 owed to McGill Associates for bidding assistance the total project cost is $600,324; an amount which is $324 more than the grant. Mr. Furman is hopeful that the construction administration contract will not meet the total amount.
Commissioner Kennedy, seconded by Commissioner Welch, moved to award the contract for greenway construction to Greene Construction in amount of $519,298
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the expenditure of $324 from the County’s contingency fund to cover overage if required.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of March 2015. 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 March 2015, 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
Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the Refunds and Releases Report and the North Carolina Vehicle Tax System Refunds and Releases Report for March 2015, as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Finance Matters
A. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
223317-343109 |
Federal Equitable Sharing Funds |
|
$5,175 |
|
224310-439500 |
Employee Training |
$2,000 |
|
|
224310-431200 |
Travel-Subsistence |
$950 |
|
|
224310-454000 |
Capital Outlay-Vehicles |
$2,225 |
|
|
|
|
|
|
|
The amendment allocates funds for the purchase of the seized 2007 vehicle and training as approved at the March 17, 2015, Board of Commissioners meeting. |
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Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
B. Sale of Real Property on GovDeals
Ms. Pierce stated that the Board adopted resolutions authorizing the sale of County-owned properties (Brown Farm Ridge, Inc. and Mill Ridge) at the March 3, 2015, Board meeting. All of the properties in question were donated to the County. The Board already declared the properties surplus and the adoption of the included resolutions were necessary to start the sale process. After considerable discussion, direction was given to set the minimum bid for both properties at half of the current tax value.
The sale of the properties closed with no offers to purchase. However, staff has received an offer for the Brown property in the amount of $3,000. The current tax value is $26,000.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to elect to use the negotiated upset bid process and accept the offer of $3,000 and start the upset bid process.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Ms. Pierce stated that staff recommended the bid value for the Mill Ridge property be lowered to $4,525 (50% less than current asking price). A proposed resolution was presented authorizing the property be listed for sale on GovDeals.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to adopt the resolution to offer the Mill Ridge property for sale on GovDeals with a minimum bid amount of $4,525.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Presentation of Smoky Mountain Center’s Audited Financial Statements
Commissioner Kennedy stated that he was voted back on as a member of the Smoky Mountain Center Board and presented the Smoky Mountain Center’s Annual Audited Financial Statements for the Fiscal Year ending June 30, 2014, as required by Statute.
Ms. Pierce stated that the audit did find a deficiency in Smoky Mountain Center’s financial reporting methods and the audit was late; however, there was not a significant concern unless the same deficiency happened again.
The report was presented for information only; therefore, no action was required.
Miscellaneous Administrative Matters
A. Daymark Recovery Services, Inc. Proposed Lease Renewal
County Manager Geouque stated that the lease with Daymark Recovery Services is scheduled to expire June 30, 2015. Daymark Recovery Services would like to renew the lease with the same terms and conditions as the current lease. The space to be leased is at the County’s Human Service Building and includes 13,775 square feet of space. Daymark has agreed to lease the space at the rate of $10 per square foot ($137,750 per year) in monthly installments of $11,479.17. The new lease term would be July 1, 2015 to June 30, 2018. Included in the lease under Section 10 is an additional fee in the amount of $67,718 per year, to be paid in monthly installments of $5,643, which is to cover utilities and janitorial services.
County Attorney Eggers stated that a resolution of intent was required to be published ten days prior to the Board officially approving the lease.
Commissioner Kennedy, seconded by Commissioner Welch, resolved to direct the County Manager to advertise the proposed lease with Daymark Recovery Services for ten days and to bring the lease back to the Board for final approval after the required advertisement.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
B. State Highway Patrol Proposed Lease Renewal
County Manager Geouque presented a proposed lease renewal for office space at the Law Enforcement Center for the North Carolina State Highway Patrol (NCSHP) which expired March 31, 2015. The requested renewal amount is $4,560 annually for a term of one year with two one year extensions. The space requested is 365 square feet. The change reflects the possibility that the Highway Patrol may be required to relocate in the future should 911 Communications be required to expand at the current facility.
Chairman Hodges requested the lease specify that the NCSHP will be agreeable to relocate in the future.
County Attorney Eggers requested the lease clarify the option to renew and included wording requiring any alterations to the property be made after receiving written consent from the County.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the lease with the North Carolina Department of Public Safety for office space for the Highway Patrol in the amount of $4,560 annually for a one year term with two one year extensions as amended and contingent upon the County Attorney’s review.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
C. Boards and Commissions
County Manager Geouque stated that Ms. Connie Baird resigned from the Watauga County Tourism Development Authority Board (TDA) effective immediately. Ms. Baird recommended both Ms. Donna Horbury, with Blue Ridge Vacation Cabins, and Ms. Kim Rogers, with Jenkins Realty and a former TDA Board member, for consideration to fill her unexpired term. The TDA has requested the Board waive the first reading and appoint a member so that this individual may attend the TDA’s retreat on April 14, 2015.
Commissioner Welch, seconded by Vice-Chairman Blust, moved to waive the second reading and appoint Ms. Kim Rogers to fill the unexpired term of Ms. Connie Baird on the Watauga County Tourism Development Board.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
D. Announcements
County Manager Geouque announced that a joint meeting with the Watauga County Economic Development Commission will be held on Tuesday, April 14, 2015, at 1:00 p.m. in the Commissioners’ Board Room.
Public Comment
There was no public comment.
Closed Session
At 9:35 A.M., Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 10:26 A.M.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Possible Action After Closed Session
A proposed agreement was presented between Orbitz, LLC, Trip Network, Inc., TVL LP (f/k/a Travelocity.com LP), Expedia, Inc., Hotels.com L.P., and Hotwire, Inc. (individually “OTC” and collectively “OTCs”), and the County of Watauga and towns of Banner Elk, Beech Mountain, Blowing Rock and Seven Devils (collectively “the Taxing Jurisdictions”) to be effective the 20th day of April 2015. The agreement would resolve the OTCs’ dispute with the Taxing Jurisdictions regarding the amendments and all past potential occupancy tax liability to the Taxing Jurisdictions for occupancy of accommodations facilitated by any OTC commencing between January 1, 2011, and April 20, 2015, and for occupancy of accommodations facilitated by any OTC commencing thereafter pursuant to reservations made between January 1, 2011, and April 20, 2015.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the agreement from Orbitz, LLC, Trip Network, Inc., TVL LP (f/k/a Travelocity.com LP), Expedia, Inc., Hotels.com L.P., and Hotwire, Inc. as presented.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
County Manager Geouque updated the Board regarding the Sales Tax Bill currently being considered by the State.
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 10:38 A.M.
VOTE: Aye-4(Hodges, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board