MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JUNE 6, 2016

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 6, 2016, 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

Perry Yates, Commissioner

Stacy C. Eggers, IV, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Hodges called the meeting to order at 8:30 A.M.

 

Commissioner Yates 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 May 17, 2016, regular meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the May 17, 2016, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the May 17, 2016, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Hodges called for additions and/or corrections to the June 6, 2016, agenda.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the June 6, 2016, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

River’s Walk Presentation

Mr. Jim Deal, with the developers of the River’s Walk project on the corner of River and Water Street, presented a general site plan for the project.  Mr. Deal stated that the project would go to the Town Council on June 16 and to the Planning Commission next month.

 

 

The plan shows the potential for access to the project through County owned property.  At this time, staff believes the presentation is for information only; however the developer is likely gauging the County’s reaction to allowing access through County property.

Juvenile Crime Prevention Council (JCPC) FY 2017 Certification, Membership, and County Plan

Ms. Pan Adams-McCaslin presented the Juvenile Crime Prevention Council (JCPC) Certification and County Plan as well as the membership roster for FY 2017.

 

Commissioner Welch, seconded by Commissioner Yates, moved to approve certification, the County Plan and membership as presented by Ms. Adams-McCaslin.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Welch, moved to retroactively waive the second reading of the JCPC membership roster as presented by Ms. Adams-McCaslin.

 

VOTE:  Aye-5

             Nay-0

Smoky Mountain Center’s Community Reinvestment Plan

The Smoky Mountain LME/MCO presentation was tabled to a future meeting as Ms. Shelly Foreman was not able to be at the meeting.

Proposed Proclamation for Elder Abuse Awareness Day

Ms. Angie Boitnotte stated that Governor Pat McCrory has proclaimed May 8, 2016, through June 19, 2016, as Vulnerable Adult and Elder Abuse Awareness Month 2016.  The Governor also proclaimed June 15, 2016, as World Elder Abuse Awareness Day.  This timeframe ties the awareness period to both the Mother’s Day and Father’s Day holidays, in the hopes of reinforcing the spirit of respecting and valuing, not just parents, but all elders.

 

Ms. Betsy Richards presented a proposed proclamation declaring June 15, 2016, as “World Elder Abuse Awareness Day” in North Carolina for consideration.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the proclamation as presented.

 

VOTE:  Aye-5

             Nay-0

Request to Accept 2016 Community Waste Reduction and Recycling Grant

Ms. Heather Bowen, Recycling Coordinator, presented a grant award from the North Carolina Department of Environmental Quality for consideration of acceptance.  The purpose of the grant is to assist in the purchase of four (4) closed top roll off containers to collect recycling materials at county schools.  The containers would be placed at Cove Creek, Mabel, and Bethel elementary schools with the fourth being used as a switch out.

 

Ms. Bowen stated that the grant is in the amount of $20,000 with a local match of $5,790.80 which would be paid by Watauga County School System.  The matter was discussed during the annual budget process and the proposed FY 2016-2017 budget includes funds for this project.

 

Commissioner Yates, seconded by Commissioner Welch, moved to accept the grant from the North Carolina Department of Environmental Quality in the amount of $20,000 with the $5,790.80 match to be paid by the Watauga County School System.

 

VOTE:  Aye-5

             Nay-0

Maintenance Matters

A.  Bid Award Request for Detention Center Floor Recoating

 

Mr. Robert Marsh, Maintenance Director, presented bids for epoxy floor finishes for areas in the detention facility.  The following bids were received:

 

Bidder                                                               Amount

Custom Coatings                                              $30,400

Turner Baxter                                                   $28,713

Prime Coat                                                       $47,930

1 Call Home and Property Enhancements       $42,413

Gardner Paint Service, Inc.                              No response

Carolina Floor Coatings                                  No response

Sure Step Coatings                                           No response

 

Mr. Marsh stated that Custom Coatings was the lowest responsive bidder in the amount of $30,400.  While Turner Baxter was the lowest bidder the bid was not responsive to the requirements as set forth for finishing the areas.  Adequate funds are available in the current budget. 

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to award the bid to Custom Coatings in the amount of $30,400 for epoxy floor finishing in areas of the detention facility.

 

VOTE:  Aye-5

             Nay-0

 

B.  Bid Award Request for Anderson Building Roof Project

 

Mr. Robert Marsh, Maintenance Director, presented bids for the replacement of the roof at the old AppalCART facility.  The following bids were received:

 

Bidder                                                               Amount

LaFave's Construction                                     $158,777

Interstate Roofing                                            $211,000

Piedmont Commercial Roofing, Inc.               $240,000

 

Mr. Marsh stated that LaFave Construction was the lowest responsive bidder in the amount of $158,777.  This will be the first phase in the remodeling of the facility that will eventually house the County’s Maintenance Department and the License Plate Agency.  Funds have been identified in the current fiscal year budget to cover the cost of the project.

 

Commissioner Yates, seconded by Commissioner Welch, moved to award the bid for a new roof on the Anderson Building (old AppalCART facility) to LaFave Construction in the amount of $158,777.

 

VOTE:  Aye-5

             Nay-0

 

C.  Bid Award Request for Anderson Building Paving

 

Mr. Robert Marsh, Maintenance Director, presented bids for paving at the old AppalCART facility.  The following bids were received:

 

Bidder                                                               Amount

Moretz Paving                                                  $30,734

Champion Paving, Inc.                                     $33,200

Carl Rose & Sons, Inc.                                     $29,750

Tri-County Paving                                           $25,591.24

Main and Main Paving                                    Non-Responsive

Sterling McDiarmid Paving                            Non-Responsive

Boone Paving and Asphalt                               Non-Responsive

 

Mr. Marsh stated that Tri-County Paving was the lowest responsive bidder in the amount of $25,591.24.  The paving was not scheduled to proceed until the new roof replacement has been completed.

 

Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to award the bid for paving at the Anderson Building (old AppalCART facility) to Tri-County Paving in the amount of $25,591.24.

 

VOTE:  Aye-5

             Nay-0

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator Larry Warren presented the Tax Collections Report for the month of May 2016.  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 May 2016 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Refunds and Releases Report for May 2016, as presented.

 

VOTE:  Aye-5

             Nay-0

Finance Matters

A.  Budget Amendments

 

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

 

Account #

Description

Debit

Credit

104199-499100

Administrative Contingency

 

$15,238

105890-463120

Green Valley Park

$3,200

 

105890-463104

Watauga County Arts Council

$12,038

 

 

 

 

 

The amendment transferred funds for gravel for Green Valley Park and renovations for Watauga Arts Council.

 

243102-312100

Boone Rural Current Year Tax Revenue

 

$8,000

243102-312108

Shawneehaw Special Current Tax Revenue

 

$400

283102-312104

Beaver Dam Current Year Tax Revenue

 

$1,500

283102-312106

Zionville Current Year Tax Revenue

 

$3,000

283102-312108

Shawneehaw Current Tax Revenue

 

$1,000

283102-312109

Meat Camp Current Year Tax Revenue

 

$6,000

283102-312110

Deep Gap Current Year Tax Revenue

 

$3,000

283102-312119

Creston Current Year Tax Revenue

 

$300

244340-469905

Boone Rural

$8,000

 

244340-469908

Shawneehaw Special

$400

 

284340-469904

Beaver Dam

$1,500

 

284340-469906

Zionville

$3,000

 

284340-469908

Shawneehaw

$1,000

 

284340-469909

Meat Camp

$6,000

 

284340-469910

Deep Gap

$3,000

 

284340-469919

Creston

$300

 

 

 

 

 

The amendment recognized additional projected property tax revenues above the original budgeted amount.

 

103200-323100

Sales Tax Revenue

 

$114,562

104330-469100

Professional Services-Adults

$700

 

104330-469901

Foscoe Fire

$14,062

 

104330-469903

Fall Creek

$150

 

104330-469904

Beaver Dam Fire

$879

 

104330-469905

Boone Fire

$26,364

 

104330-469906

Zionville Fire

$4,556

 

104330-469907

Cove Creek Fire

$11,011

 

104330-469910

Meat Camp Fire

$10,119

 

104330-469911

Todd Fire

$2,223

 

104330-469912

Blowing Rock Fire

$23,718

 

104330-469913

Shawneehaw Fire

$3,615

 

104330-469924

Deep Gap Fire

$17,165

 

 

 

 

 

The amendment allocated funds which were above the original projected amounts for sales tax payments to fire departments.

 

103300-333000

JCPC Grant

 

$20,615

105890-463144

WYN-Youth Resource Center

$20,615

 

 

 

 

 

The amendment recognized an additional allocation from the NC Department of Public Safety for Juvenile Crime Prevention Council programs through WYN.  WYN provided the required match.

 

143531-323000

Federal/State Reimbursements

 

$42,640

145410-440500

Undocumented Clients

 

$41,360

145310-469101

DSS-Legal

$80,000

 

145370-469101

CSE-Legal

$8,000

 

145370-449901

CSE-Court Fees

 

$3,500

145370-469102

CSE-Sheriff’s Fees

 

$500

 

 

 

 

The amendment recognized additional revenues from DHHS for increased expenditures in legal service due to additional cases above the estimated amount.  The County’s portion of expenses is available from reduced costs for undocumented clients.

 

143585-323000

Title XX Daycare Revenues

 

$31,978

143585-323002

Smart Start Revenues

 

$7,740

145850-440900

Title XX Daycare Expenditures

$31,978

 

145850-440901

Smart Start Daycare Expenditures

$7,740

 

 

 

 

 

The amendment recognized an additional allocation in daycare funds.  No County funds were required.

 

145430-440800

State FC Standard

 

$38,200

145410-440003

IVE FC Standard

$38,200

 

 

 

 

 

The amendment allocates funds between foster care standard lines due to changes in client categories from estimates.

 

145390-440300

Adoption Assistance IVE

$16,000

 

145460-440500

Special Assistance to the Blind

$71

 

145410-440500

Undocumented Clients

 

$16,071

 

 

 

 

The amendment allocated funds for program needs above the available maximum State reimbursement.

 

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

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Irrevocable Trust Agreement for Law Enforcement Officers’ Special Separation Allowance

 

Ms. Margaret Pierce, Finance Director, presented a proposed Irrevocable Trust Agreement for the assets pertaining to the Law Enforcement Officers’ Special Separation Allowance (LEOSSA).  A proposed Resolution for the Execution of Required Trust Agreement for Law Enforcement Officers’ Special Separation Allowance Benefits was also presented.  The Trust agreement is required by GASB 68 and 73.  The agreement is similar to the trust and resolution previously adopted for post-employment benefits (medical insurance for retirees).

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to adopt the Resolution for the Execution of Required Trust Agreement for Law Enforcement Officers’ Special Separation Allowance Benefits and approve the Irrevocable Trust Agreement as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.  Proposed Agreement with Town of Beech Mountain Fire

 

Ms. Margaret Pierce, Finance Director, presented a proposed contract between the County and the Town of Beech Mountain Fire Department for fire service protection.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the contract with the Town of Beech Mountain for fire service protection as presented.

 

VOTE:  Aye-5

             Nay-0

 

Proposed Amendments to An Ordinance to Regulate Loud Disturbing Noise and Activities

Commissioner Yates stated that he had received several complaints regarding two issues in An Ordinance to Regulate Loud Disturbing Noise and Activities. 

 

County Manager Geouque reviewed the proposed amendments which would consist of removing the following (denoted with strikethrough bold text):

 

1.     Subject to the provisions of this section, it is prohibited to create, cause, or allow any unreasonably loud, disturbing noise that is plainly audible. To wit: any sound that is clearly and unambiguously communicated to a listener without the aid of any listening device, particularly, but not exclusively between the hours of 11 pm and 7 am. Noise of such character, intensity, and duration as to be detrimental to the health, safety, or welfare of any reasonable person in the vicinity is prohibited.

 

and . . .

 

2. h. Owning, possessing, harboring, or allowing any dog, bird or other animal which by frequent or habitual howling, barking, yelping or creating other unreasonably loud disturbing noise continuously or incessantly so as to disturb the quiet comfort or repose of any person in the vicinity.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to schedule a public hearing for June 21, 2016, at 5:30 P.M. to allow citizen comment on the proposed amendments.

 

VOTE:  Aye-5

             Nay-0

Adoption of the Fiscal Year 2017 Budget Ordinance

County Manager Geouque presented the Fiscal Year 2017 Budget Ordinance for consideration.  Below is a list of changes that were requested by the Board and which have been incorporated into the proposed budget:

 

General Fund

?  Remove 3% from BCC COLA                                          $   (1,222)

?  Increase Children’s Playhouse                                          $   1,223

?  Increase W.A.M.Y. Community Action                           $   2,500

?  Reduced General Admin Miscellaneous Expenses          $   2,500 Net Change

 

Commissioner Welch requested that the promotion of the Sargent position to a Lieutenant as requested by Sheriff Hagaman be included in the budget.  In addition, Commissioner Welch requested funds from the Administrative Contingency Fund be reserved for a 2% supplement increase for school personnel.  The approximate amount was $40,000, including benefits.

 

Commissioner Welch also recommended the County have a pay study performed in an effort to assure that County employees are paid fair market value.

 

After discussion, the Board agreed that a pay plan study would be beneficial and the promotion in the Sheriff’s Office should be delayed until the completion of the study.  The Board further agreed to reserve $40,000 from the Administrative Contingency Fund for a 2% supplement increase which included benefits for school personnel.

 

However, the $40,000 set aside for the supplement increase including benefits would be contingent upon the $228,688 COLA set aside being sufficient to cover the State recommended increase for school personnel.  In the event that the State recommended COLA increase exceeded the $228,688 set aside, the $40,000 reserved for the supplement increase would be used to cover the amount over the $228,688.

 

After lengthy discussion, Vice-Chairman Blust, seconded by Commissioner Yates, moved to adopt the Fiscal Year 2017 Budget Ordinance as presented.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Proposed Fiscal Year 2017 AppalCART Contracts

 

County Manager Geouque presented AppalCART contracts for transportation services for the Project on Aging and Social Services Departments for FY 2017.  The proposed rates remained the same as the current year for both agencies at $1.45 per vehicle mile.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the FY 2017 contracts with AppalCART for transportation services with the Project on Aging and Department of Social Services as presented.

 

VOTE:  Aye-5

             Nay-0

 

B.  Boards and Commissions

 

County Manager Geouque stated that there are five upcoming vacancies on the Economic Development Commission.  Three of the vacancies are to fill three-year terms which will expire June, 2019; one of the three is currently occupied by Doug McGuire, who is willing to be reappointed. Volunteer applications were previously received from Ray Cameron and Tad Dolbier, both of whom remain interested in serving.

 

Additionally, one vacancy is an unfulfilled term expiring June, 2017, and another is an unfulfilled term expiring June, 2018. Those seats were occupied by individuals who moved from Watauga County.  The EDC has fourteen members; nine are appointees, the other five serve by virtue of their organizations, including one Commissioner.  All members vote.

Commissioner Yates, seconded by Vice-Chairman Blust, moved to waive a second reading, to reappoint Mr. Doug McGuire, and to appoint Mr. Ray Cameron and Mr. Tad Dolbier to fill the three three-year terms with an expiration date of June 2019.

 

VOTE:  Aye-5

             Nay-0

 

C.  Announcements

 

County Manager Geouque announced that the Extension Administration team of the Cooperative Extension Program at North Carolina Agricultural and Technical State University will be in Watauga County as part of a two-day tour of Western North Carolina on June 15 and 16.  Commissioners are invited to a County Partnership Luncheon on Wednesday, June 15, 2016, from 12:30 P.M. to 2:15 P.M. at the Watauga Agricultural Conference Center.

Public Comment

The following spoke during public comment regarding noise from the race track on Roby Greene Road:  Mr. Lee Stroupe and Ms. Annette Reeves.  Mr. Glenn Weaver had also signed up to speak but was not present during public comment time.

Closed Session

At 10:15 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), Economic Development – G. S. 143-318.11(a)(4), and Personnel Matters – G. S. 143-318.11(a)(6).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 11:02 A.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 11:02 P.M.

VOTE:  Aye-5

             Nay-0

 

Jimmy Hodges, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board