MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 20, 2017
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 20, 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
Larry Turnbow, Commissioner
Jimmy Hodges, Commissioner
Perry Yates, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Monica Harrison, Substitute Clerk to the Board
Chairman Welch called the meeting to order at 5:31 P.M.
Commissioner Hodges opened with prayer and Commissioner Turnbow led the Pledge of Allegiance.
APPROVAL OF MINUTES
Chairman Welch called for additions and/or corrections to the June 6, 2017, regular and closed session minutes.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the June 6, 2017, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the June 6, 2017, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Welch called for additions and/or corrections to the June 20, 2017, agenda.
Chairman Welch requested to add an update from Planning and Inspections Director, Mr. Joe Furman in regard to Rainbow Trail Issues, i.e. Appalachian Materials LLC/Radford Quarries to the agenda following his Request to Set Transportation Priorities for the High Country RPO. Sheriff Hagaman requested to be added to the agenda prior to Miscellaneous Administrative Matters. Commissioner Hodges requested to add an update on the Mike Perry property, formerly Boone Ready Mix, to the closed session agenda. The Agenda was also amended to add possible action after closed session.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the June 20, 2017, agenda as amended.
VOTE: Aye-5
Nay-0
COOPERATIVE EXTENSION REPORT
Mr. Richard Boylan, Agricultural Agent with Cooperative Extension, gave an update regarding programming on extension matters. Mr. Boylan said Cooperative Extension has received calls on new vineyards, has provided various classes on mushrooms, plant disease and insect management, horse farming and orchards; and has upcoming workshops for school gardens as well as various other programs.
The report was for information only and, therefore, no action was taken.
PROPOSED REVISIONS TO THE WATAUGA COUNTY COMPREHENSIVE TRANSPORTATION PLAN (CTP)
Mr. David Graham, Transportation Planner with High Country Council of Governments, presented information for action on revisions to the Watauga County Comprehensive Transportation Plan (CTP). A memo and a list of proposed revisions were provided for Board consideration and action. Mr. Graham stated that the CTP was mutually adopted by Watauga County and the towns of Boone, Blowing Rock, Seven Devils, Beech Mountain, NCDOT, and endorsed by the High County Rural Transportation Planning Organization (RPO) in 2013. Since the adoption of the Watauga CTP, the US 421 (King Street) project (U-4020) has been completed and a study has been initiated by NCDOT to analyze alignment alternatives for a new connector road between NC 105 and ASU Campus. The Town of Boone approved proposed revisions to the Watauga CTP at their June 15, 2017 meeting.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the proposed revisions to the Watauga CTP as recommended.
VOTE: Aye-5
Nay-0
REQUEST TO SET TRANSPORTATION PRIORITIES FOR THE HIGH COUNTRY RPO
Mr. Joe Furman, Planning and Inspections Director, requested direction from the Board regarding selection of new transportation projects to be submitted to the Statewide Transportation Improvement Program. Selection of projects must be submitted by July 7, 2017. The County may select up to four (4) projects from each category and the Town of Boone may select one (1) project from each category. The combined projects submitted by the County and Town of Boone should be different projects as there is no benefit for dual support of projects. The selection of transportation projects provides an opportunity to add new projects to be rated by the Rural Transportation Planning Organization (RPO) and NCDOT.
A handout was provided listing two projects selected as transportation priorities for the High County RPO by the Town of Boone, which included the US 421 Bypass and Multi-use side path from Grove Street to Brookshire Road. The Town of Boone also expressed their support of the NC 194 project from US 421 to Howards Creek Road, to be considered by the County in the selection process.
Mr. Furman provided several options for the Board to consider as possible projects for the Statewide Transportation Improvement Program (STIP). After review of the handout and discussion, by consensus, the Board decided to select two (2) highway projects, two (2) intersection projects and one (1) bicycle and pedestrian project to be submitted as transportation priorities. The five (5) projects include; widen NC Hwy 194 from King Street to Howard Street (as supported by the Town of Boone), widen 105 Bypass (NC 1107), US Hwy 421S and old 421 intersection at Food Lion, 3-way stop at Bamboo Road (NCSR 1524) and Deerfield Road (NCSR 1523), and Middle Fork Greenway Extension Project.
Commissioner Hodges asked to be recused from the vote taken on this agenda item due to a potential conflict of interest.
Commissioner Yates, seconded by Commissioner Vice-Chairman Kennedy, moved to recuse Commissioner Hodges from the vote taken to recommend new transportation projects for the Statewide Transportation Improvement Program.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to submit five (5) new transportation priorities including; widen NC Hwy 194 from King Street to Howard Street (as supported by the Town of Boone), widen 105 Bypass (NC 1107), US Hwy 421S and old 421 intersection at Food Lion, 3-way stop at Bamboo Road (NCSR 1524) and Deerfield Road (NCSR 1523), and Middle Fork Greenway Extension Project.
VOTE: Aye-4(Welch, Kennedy, Turnbow, Yates)
Nay-0
Recused-1(Hodges)
UPDATE ON RAINBOW TRAIL ISSUE (RADFORD QUARRIES)
Mr. Joe Furman, Planning and Inspections Director, gave a brief update on Rainbow Trail issues which have raised concerns with citizens and continued concerns surrounding the Maymead asphalt plant. A permit submitted by Appalachian Materials LLC/Radford Quarries was denied by the Watauga County Planning and Inspections Department and the decision upheld by the Board of Adjustment. A brief is to be filed in July 2017 with a court date to be set on July 7, 2017 in which attorneys will verbalize their briefs and the Judge can determine if errors were made by the Board of Adjustment in their decision to uphold the denial of the permit from Appalachian Materials LLC/Radford Quarries. Radford Quarries has been permitted as a fill site for rock dust for many years and the access road currently going in is covered under previous permitting.
Mr. Furman stated that the Maymead asphalt plant case is not a viable comparison to Appalachian Materials LLC/Radford Quarries.
BID AWARD FOR WEST ANNEX ROOF
Mr. Robert Marsh, Maintenance Director, requested the Board accept the bid from Southern Metal to replace the deteriorated roof at the West Annex facility. MRC, the County’s roofing consultant, has reviewed the bid and deemed Southern Metal qualified and the lowest responsive bidder in the amount of $233,000. The bid is approximately $33,000 over the original estimate due to the increase in metal costs. However, funds have been identified within the Maintenance Department budget to cover the increase. The estimated completion date for this project is late November.
Staff recommends the Board award the contract to Southern Metal in the amount of $233,000 for the roof replacement at the West Annex facility.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to award the contract to Southern Metal in the amount of $233,000 for the roof replacement at the West Annex facility
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
293270-312009 |
Occupancy Tax Revenues |
|
$325,000 |
|
294140-469900 |
Watauga County District U TDA |
$321,750 |
|
|
294140-449900 |
Administrative Collection Fee |
$3,250 |
|
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The amendment recognized additional projected occupancy tax revenues above the original budgeted amount. |
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103300-349909 |
NC Lottery Funds |
|
$60,000 |
|
105911-470028 |
Phone and Intercom System – Bethel Elementary |
$60,000 |
|
|
|
|
|
|
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The amendment allocated funds for a lottery project as approved by the North Carolina Department of Public Instruction. |
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104199-499100 |
Admin Contingency |
|
$25,000 |
|
105890-463153 |
Veteran’s Memorial Fund |
$25,000 |
|
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The amendment allocated funds for the Watauga County Veteran’s Memorial fund as approved at the June 6, 2017 Board meeting. |
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103980-398122 |
Transfer from Capital Projects Fund |
|
$50,000 |
|
105911-470022 |
WHS Batting Facility |
$50,000 |
|
|
213991-399101 |
Fund Balance Appropriation |
|
$50,000 |
|
219800-498010 |
Transfer to General Fund |
$50,000 |
|
|
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The amendment allocated funds from CIP set-aside funds for the batting facility as requested by the Watauga County School system and approved at the June 6, 2017, Board meeting. |
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|
109800-498021 |
Transfer to Capital Projects Fund |
$228,688 |
|
|
105911-499100 |
COLA Contingency for Watauga County Schools |
|
$228,688 |
|
213980-398100 |
Transfer from General Fund |
|
$288,688 |
|
219930-459122 |
Watauga County CIP |
$288,688 |
|
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The amendment transferred funds to the School CIP as requested by the Watauga County School system and approved at the June 6, 2017, Board meeting. |
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243102-312107 |
Cove Creek Special Fire Revenue |
|
$15,500 |
|
244340-469907 |
Cove Creek Special Fire District |
$15,500 |
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The amendment recognized additional projected fire tax revenues above the original amount budgeted. |
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103200-326600 |
ABC Bottle Tax |
|
$1,000 |
|
105890-469848 |
Mediation and Restorative Justice |
$1,000 |
|
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The amendment recognized additional projected ABC bottle tax revenues above the original amount budgeted. |
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Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
REQUEST FOR SPECIAL SALARY ADJUSTMENT SHERIFF’S OFFICE STAFF
Sheriff Len Hagaman made a request for a special salary adjustment for Captain Kelly Redmon and Captain Dee Dee Rominger of the Watauga County Sheriff’s Office providing detailed information about extra job duties assumed by both employees after the retirement of Captain Allen Reed and complemented both employees for their exemplary and longstanding service to Watauga County. Personnel action forms were provided as handouts for Captain Redmon and Captain Rominger dated July 1, 2017 requesting a salary adjustment of $8,530 each, which equates to a 14% salary increase. Sheriff Hagaman requested for the special salary adjustment to be made retroactive with an effective date of March 1, 2017 at which time Captain Allen Reed retired and extra duties were assumed by the two remaining Captains.
The Board commended Captain Redmon and Captain Rominger and expressed appreciation for their dedicated service to Watauga County and its citizens, and the Sheriff’s Office staff as a whole.
County Attorney di Santi clarified that it would be appropriate to discuss the request for special salary adjustments for the Sheriff’s Office staff in closed session, noting that salary is a public record and after a salary amount is approved it would become part of the public record.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to amend the June 20, 2017 agenda to add Personnel Matters, per G. S. 143-318.11(a)(6), and to approve the agenda as amended.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Architect Contract for Recreation/Community Center
At the June 6, 2017, meeting, the Board accepted the recommendation from the Recreation/Community Center Committee to hire Clark Nexsen for architectural services for the Recreation/Community Center. The motion was made and accepted contingent upon successful negotiation of a contract and County Attorney review and approval.
Staff negotiated and reviewed the contract from Clark Nexsen and Mr. Ham Wilson, an attorney with di Santi, Watson, Capua, Wilson, and Garrett reviewed with only two minor changes recommended. Two handouts were provided which are referred to in the original contract; and for clarification have now been labeled as Exhibit A, detailing the scope of design and project administration services and Exhibit B, fee schedule. Staff is recommending approval of the Clark Nexsen Contract including changes recommended by the County Attorney.
Discussion was held and concerns expressed by Commissioner Yates regarding the Clark Nexsen contract for architectural services for the Watauga County Recreation/Community Center. A recommendation for changes was made under the Exclusions section of the contract in which clauses need to be taken out and wording added to include that the project, while not being a LEEDS certified building, will be built to meet LEEDS standards and designed around LEEDS certifications; and language added to state that the Architect would be present during legal court proceedings if necessary to speak on behalf of the County and the Recreation/Community Center Project related to architectural services, design and project administration as provided by Clark Nexsen.
Clarification was provided that if an agreement could not be reached with Clark Nexsen on the proposed changes that the contract would not be approved and must return to the Board of Commissioners for further review, but efforts were being made to keep the process moving forward to avoid escalation of costs. County Attorney di Santi, stated that Mr. Ham Wilson of his office would review the two areas of concern in the contract for architectural services and draft language to include the proposed changes and have Clark Nexsen review and approve before proceeding.
Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the Clark Nexsen contract for architectural services for the Recreation/Community Center contingent upon two revisions to be made and agreed upon by Clark Nexsen to include; while not being a LEEDS certified building, the Recreation/Community Center will be built to meet LEEDS standards and designed around LEEDS certifications, and language added to state that the Architect would be present during legal court proceedings if necessary to speak on behalf of the County and the Recreation/Community Center Project related to architectural services, design and project administration as provided by Clark Nexsen.
VOTE: Aye-5
Nay-0
B. Boards and Commissions
County Manager Geouque presented the following for consideration:
Economic Development Commission
The terms of four members of the Economic Development Commission expire in June. Mr. Ed Evans and Mr. Tommy Sofield have served two consecutive terms and are, therefore, not eligible for reappointment. Mr. Robert Hoffman was recently appointed to fill an unfinished term which expires in June. Therefore, he is up for reappointment. The first term of the current chair, Mr. Walter Kaudelka is expiring. Mr. Kaudelka is eligible to be reappointed to another term, and is willing to continue to serve. Each term is for three years. The EDC’s next scheduled meeting is July 13th.
Commissioner Yates, seconded by Commissioner Turnbow, moved to table the discussion until the next regularly scheduled Board of Commissioners Meeting, on July 18, 2017 which will follow the EDC’s next scheduled meeting to be held on July 13, 2017, allowing time to potentially receive volunteer applications for the vacant positions.
VOTE: Aye-5
Nay-0
Workforce Development Board
High Country Council of Governments’ Workforce Director, Mr. Keith Deveraux, recommends the reappointment of Mr. Chris Edwards to continue representing Watauga County in a private sector seat on the Workforce Development Board. This was a first reading; therefore, no action was required.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to waive the second reading and reappoint Mr. Chris Edwards to continue representing Watauga County in a private sector seat on the Workforce Development Board for a term beginning on July 1, 2017, and ending June 30, 2019.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced that the July 4, 2017 meeting of the Board of Commissioners has been cancelled. The next regular meeting is scheduled for Tuesday, July 18, 2017 at 5:30 P.M.
County Manager Geouque announced an invitation to the Mindkare Kiosk unveiling on Thursday, June 22, 2017 at 10:00 A.M. to be held at the Watauga County Public Library, provided by Vaya Health.
PUBLIC COMMENT
There were five (5) speakers for public comment who expressed concerns related to the Maymead Asphalt Plant and Rainbow Trail issues and their continued support of the denial of permits for the asphalt plant.
CLOSED SESSION
At 6:59 P.M., Vice-Chairman Kennedy, seconded by Commissioner Turnbow, 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 Turnbow, moved to resume the open meeting at 8:20 P.M.
VOTE: Aye-5
Nay-0
POSSIBLE ACTION AFTER CLOSED SESSION
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to direct Mr. Pokela to file a brief in support of the revocations of permits for the Maymead Asphalt Plant Project at the expense of Watauga County. The expense to Watauga County for filing the brief is estimated to be between $27,000 and $30,000.
VOTE: Aye-3(Welch, Kennedy, Turnbow)
Nay-2(Hodges, Yates)
Commissioner Yates, seconded by Commissioner Turnbow, moved to grant an easement for the Riverswalk Project contingent upon the agreement of the Developer to pay an amount, not to exceed $33,500, for engineering services through Municipal Engineering Services Company to develop a storm drain pipe system replacement design for the current storm drain pipe system at the West Annex Building. The proposal for services for the Riverswalk Project must include options for repair and replacement of the existing storm drain pipe system at the West Annex Building as an alternate to the site work requirements in its plan when the project is bid. This information can be utilized by Watauga County in hiring a contractor for the storm drain pipe system replacement.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 8:27 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST: Monica Harrison, Substitute Clerk to the Board