MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, APRIL 18, 2017

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, April 18, 2017, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      John Welch, Chairman

                                                Billy Kennedy, Vice-Chairman

                                                Jimmy Hodges, Commissioner

                                                Larry Turnbow, Commissioner

Perry Yates, Commissioner

Anthony di Santi, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 5:30 P.M.

 

Commissioner Yates opened with prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the April 4, 2017, regular and closed session minutes.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the April 4, 2017, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the April 4, 2017, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the April 18, 2017, agenda.

 

County Manager Geouque requested to add a Proposed North Carolina Parks and Recreation Trust Fund (PARTF) Application Certification for consideration.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the April 18, 2017, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Proposed Proclamation Honoring Dr. Jack D. Lawrence, Sr.

Chairman Welch read a proposed proclamation honoring the life of Dr. Jack D. Lawrence, Sr. for his lifelong public service to Watauga County.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to adopt the proclamation as presented.

VOTE:  Aye-5

             Nay-0

 

Chairman Welch presented the adopted proclamation honoring Dr. Lawrence to his family members who were present.

Public Hearing to Allow Citizen Comment Regarding A Foscoe/Grandfather Community Zoning Map Amendment

A public hearing was scheduled for the Foscoe-Grandfather Community Zoning Map Amendment requested by FS Holdings Ltd., owners of a 2.44 acre tract located at 178/190 Riley Road in Foscoe.  

 

Mr. John Spears, Planner I, presented the request to rezone from Highway Commercial to Light Industrial.  Mr. Spears stated that, if the Board of Commissioners approves the map amendment, then the Board of Adjustment would consider a conditional use permit for the rezoned property.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to call the public hearing to order at 5:46 P.M.

VOTE:  Aye-5

             Nay-0

 

There was no public comment.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to close the public hearing at 5:46 P.M.

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Hodges, moved to approve the map amendment as requested.

 

VOTE:  Aye-5

             Nay-0

Planning & Inspections Matters

A.  Transfer of Easements from Middle Fork Greenway/Watauga County Pathways

 

Mr. Joe Furman, Planning and Inspections Director, requested the Board approve and accept the assignment of easements for four (4) tracts of land related to the Middle Fork Greenway located between Tweetsie Railroad and Niley Cook Road.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to accept the assignment of the easements as presented.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed North Carolina Parks and Recreation Trust Fund (PARTF) Application Certification

 

Mr. Joe Furman presented a North Carolina Parks and Recreation Trust Fund (PARTF) application certification which requires Board approval and is part of the application for the Middle Fork Greenway project.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the certification as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.  Proposed Amendments to the Ordinance to Govern Subdivisions and Multi-Unit Structures

 

Mr. Ric Mattar, Planning Board Chairman, presented the Planning Board’s recommended amendments to the Ordinance To Govern Subdivisions and Multi-Unit Structures as a result of the Board of Commissioners’ January request to review the ordinance.  A public hearing was requested to be scheduled for May 16, 2017, at 5:30 PM.

 

Commissioner Yates, seconded by Commissioner Hodges, moved to schedule a public hearing for May 16, 2017, at 5:30 PM to allow citizen comment on the proposed amendments to the Ordinance to Govern Subdivisions and Multi-Unit Structures.

 

VOTE:  Aye-5

             Nay-0

Maintenance Matters

A.  Architect Selection for Health Department Renovations

 

Per discussion at the annual retreat, staff has proceeded forward with the planning of the relocation of the Planning and Inspections, Veterans Services, and Red Cross offices to the Watauga County Health Department.  The relocation will assist in the establishment of a one-stop process with regards to individuals needing a building and septic permit.  Also, veterans will be closer to other services offered by the County with their new location in the Health Department.

 

North Carolina General Statute 143-64.31 requires the hiring of architectural, engineering, surveying, construction management at risk services, design-build services, and public-private partnership construction services to be selected on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee.  However, NCGS 143-64.32 allows for an exemption on the above requirement in writing when an estimated professional fee is in an amount less than fifty thousand dollars ($50,000).

 

Mr. Robert Marsh, Maintenance Director, stated that, in order to move the project forward, staff recommends the Board hire David R. Jones Architecture to design the proposed renovation project.  Mr. Jones’ estimate for the renovation is $129,071.58 with his fee set at $12,907.16 for a total project cost of $141,978.74.  Staff has identified $12,907.16 in the current budget with the $129,071.58 project cost to be incorporated into the Fiscal Year 2017-2018 budget.  County Manager Geouque stated that staff preferred Scheme II.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to exempt the Health Department building renovations project per NCGS 143-64.32 and hire David R. Jones Architecture, contingent upon a contract being reviewed by the County Attorney.

 

VOTE:  Aye-5

             Nay-0

 

B. HVAC Bid Award Request for Winkler’s Creek Facility – New License Plate and Maintenance Offices

 

Mr. Marsh stated that the County recently received the following four (4) bids for the replacement of the HVAC equipment and duct work at the Winkler’s Creek Facility (the former AppalCART building):

 

Vendor

Brand of Equipment

Total Cost

HVAC Inc.

Bristol, TN

Carrier

$23,801

Boone Heating and Cooling

Boone, NC

Carrier

$26,285

Mtn. Heating and Cooling

Boone, NC

Trane

$26,404

Edmisten Heating and Cooling

Boone, NC

Rheem

$30,342

 

Mr. Marsh recommended acceptance of HVAC Inc.’s bid, the lowest responsive bidder, in the amount of $23,801 for the replacement of the HVAC system.  Adequate funds have been budgeted to cover this expense.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid for the replacement of the HVAC system at the Winkler’s Creek Facility to HVAC Inc. in the amount of $23,801.

 

VOTE:  Aye-5

             Nay-0

 

C.  Change Order Request for LEC Water and Sewer Project

 

Mr. Marsh stated that the Board awarded a contract to Iron Mountain Construction in October 2016 to upgrade the sewer lift station at the Watauga County Law Enforcement Center (LEC).  Subsequent to this, the County solicited bids for upgrading a portion of the existing water service at the Law Enforcement Center.  Iron Mountain was the lowest responsive bidder for this project as well.  In an effort to expedite the water project and realize a cost savings; staff is requesting the Board authorize a change order to Iron Mountain’s current contract in the amount of $51,724.  Funds from the administrative contingency have been identified to cover the expense.  

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to approve Iron Mountain Construction’s change order in the amount $51,724 for upgrade/replacement of a portion of the existing water line at the Law Enforcement Center.

 

VOTE:  Aye-5

             Nay-0

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of March 2017.  The 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 2017 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the Refunds and Releases Report for March 2017 as presented.

 

VOTE:  Aye-5

             Nay-0

Finance Matters

A.  Proposed Juvenile Crime Prevention Council (JCPC) Budget Amendment

 

Ms. Margaret Pierce, Finance Director, presented a revised Juvenile Crime Prevention Council (JCPC) FY 2016-17 Funding Allocation form.  One of the original programs was unable to fully expend funds and, therefore, the Council has requested to transfer $1,288 to the Administrative line to be used for the upcoming State of the Child event and other miscellaneous expenses.  No additional County funding is required.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the revised Juvenile Crime Prevention Council funding allocation as presented by Ms. Pierce.

 

VOTE:  Aye-5

             Nay-0

 

B.  Budget Amendment

 

Ms. Pierce stated that over the last two (2) years, staff has incrementally increased the funds budgeted to be received from the State for the Medicaid Hold Harmless.  Sales tax collection and Medicaid expenses affect the amount received by the County.  Staff is conservative in the amounts budgeted for these funds due to the uncertainty in sales tax collection and Medicaid expenses and the State’s history of withholding or reducing funds designated for Counties.  A perfect example is Lottery funds in which the State has not upheld their statutory commitment. 

 

The additional $400,000, if recognized, will be utilized for the County to continue the catch-up process on capital needs that have not been met over the last several years due to the economic downturn.  A formal budget amendment will be presented at a future meeting detailing a list of capital projects and items.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to recognize $400,000 in additional revenue from Medicaid Hold Harmless.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Proposed Resolution In Support of The State of the Child Forum

 

County Manager Geouque presented a proposed resolution in support of the State of the Child Forum being held on May 5, 2017, per Commissioner request.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to adopt the resolution in support of the State of the Child Forum being held on May 5, 2017, as presented.

 

VOTE:  Aye-5

             Nay-0

 

B.  Announcements

 

County Manager Geouque announced the following:

 

·       A State of the Child Forum with the themes of Childhood Trauma and Trauma Informed Communities is scheduled for Friday May 5, 2017, from 8:00 A.M. until 4:30 P.M. at Boone United Methodist Church.  The opening Keynote Speaker will be Dr. George "Tripp" Ake, a licensed psychologist who specializes in trauma and trauma treatment.  Please see the attached email for more information.

 

·       The FY 2018 Proposed Budget will be presented at the May 2, 2017, Board meeting.  Budget Work Sessions have been scheduled Thursday, May 4, 2017, from 10:00 A.M. to 5:00 P.M. and Monday, May 8, 2017, from 12:00 P.M. to 7:00 P.M. to review the Proposed Budget.

 

·       May 8 - 13, 2017, has been designated as “Community Pride Week” in Watauga County.  Household Hazardous Waste Day will be held during the Community Pride Week on Saturday, May 13, 2017 from 8:00 AM to 12:00 PM.  The Sheriff’s Office will also be collecting unused medications, prescription or over-the-counter, at the three local Food Lion locations as well as Foscoe Fire Department on Saturday, May 13, 2017.

Public Comment

There was no public comment.

Closed Session

At 6:20 P.M., Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to resume the open meeting at 7:00 P.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 7:01 P.M.

 

 

John Welch, Chairman

 

ATTEST:  Anita J. Fogle, Clerk to the Board