MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, SEPTEMBER 5, 2017

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, September 5, 2017, at 8:30 A.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 8:31 A.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 August 15, 2017, regular and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the August 15, 2017, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the August 15, 2017, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the September 5, 2017, agenda.

 

County Manager Geouque requested to add Land Acquisition to the scheduled Closed Session, per G. S. 143-318.11(a)(5)(i), and possible action after closed session.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the September 5, 2017, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

AppalCART Matters

A.  Rural Operating Assistance Program (ROAP) Grant Application Request

 

Mr. Craig Hughes, AppalCART Director, presented the Rural Operating Assistance Program (ROAP) grant application for FY 2018.  Watauga County is to be awarded $157,894 which does not require a local match. 

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the Rural Operating Assistance Program (ROAP) grant application for FY 2018 and accept the funds to be awarded in the amount of $157,894.

 

VOTE:  Aye-5

             Nay-0

 

B.  Update Report

 

Mr. Craig Hughes provided an update on AppalCART matters.  Mr. Hughes stated that the buses are staying full with heavy ridership.  AppalCART is using “tripper” buses to compensate when regular route buses are full.  Students have also been asked to allow extra time to get to class as they may have to wait for a second bus.  AppalCART is expecting ten new buses.  Nine are replacements and one will cover the extra volume on the Red Route due to the new ASU Health Science Building.  The buses are approximately $437,000 each and are funded with 80% Federal funds, 10% State funds and 10% local funds.  Mr. Hughes stated that funding was stable in Watauga County as the formulas used are performance based.  The report was for information only and, therefore, no action was required.

Habitat for Humanity Road Construction Request

In 2009, the Watauga County Habitat for Humanity (WCHFH) presented a request and was granted approval for assistance from the County of heavy equipment use in preparation of their new planned development located immediately behind the Green Valley School.  The request called for County crews to build the road and to prepare level building pads for Phase I of the development which consisted of the first six sites on the plat.  It was additionally requested that County staff also assist with the removal of trees, stumps, and waive the tipping fees.

 

Mr. Alex Hooker, WCHFH Chairman, presented a similar request asking for like assistance from the County for Phase II of the GreenWood Development project.  Mr. Hooker requested County personnel clear, grade, and waive tipping fees associated with the project. 

 

County Manager Geouque stated that Mr. J. V. Potter indicated that this amount of work would take his crew, working intermittently, six to eight weeks to complete the project with County operations taking precedence.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to authorize staff to assist Habitat for Humanity with their GreeenWood Development project located behind Green Valley School by providing clearing, grading, and waiving the tipping fee at the Landfill.

 

VOTE:  Aye-5

             Nay-0

Proposed Resolution In Support of Marsy’s Law

Mr. Matthew Hebb, with Marsy’s Law, presented a proposed resolution in support of HB 551/SB 595 - Marsy’s Law.  Marsy’s Law would establish “co-equal” rights to victims of violent crimes with that of the accused.  Specifically, the bill requires notification of release, hearings, appropriate restitution, and the right to speak during criminal proceedings. 

 

Commissioner Turnbow, seconded by Commissioner Hodges, moved to adopt the resolution in support of HB 551/SB595 – Marsy’s Law as presented.

 

VOTE:  Aye-5

             Nay-0

Maintenance Matters

A.  Bid Award Request for Repaving the Winkler’s Creek Facility

 

Mr. Robert Marsh, Maintenance Director, presented the following bids for paving at the Winklers Creek Facility (New Tag Office):

 

Bidder

Amount

Moretz Paving, Inc.

$20,240

Tri-County Paving, Inc.

$31,430

Carol Rose Paving

No Bid Received

Champion Paving

No Bid Received

 

 

 

 

 

 

Paving of the parking lot for the tag office has been completed.  The current request is to pave the parking lot and lay down areas for the Maintenance Department.  Four (4) companies were solicited with only two (2) responses received.  Moretz Paving was the lowest responsive bidder in the amount of $20,240.  Adequate funds have been included in the current budget to cover the expenditure.  Mr. Marsh stated that the paving may not take place until the spring or summer of 2018; however, the price would be guaranteed.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to award the contract to Moretz Paving in the amount of $20,240 for paving at the Winklers Creek Facility.

 

VOTE:  Aye-5

             Nay-0

 

B.  Bid Award Request for Health Department Building Renovations

 

Mr. Marsh presented the following bids for renovations at the Health Department building to accommodate the relocation of Planning and Inspections, Veterans Service, and Red Cross offices:

 

Bidder

Amount

Greene Construction, Inc.

$160,000

Houck Contracting, LLC

$209,391

VPC Builders, LLC

$159,183

Wishon & Carter Builders, Inc.

$172,925

 

Four (4) bids were received with VPC Builders being the lowest responsive bidder in the amount of $159,183.  Funds would be allocated from the General Fund Balance as discussed during the County’s budget retreat.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to award the contract to VPC Builders in the amount of $159,183 for renovations to the Health Department building to accommodate the relocation of County services.

 

VOTE:  Aye-5

             Nay-0

Planning and Inspections Matters

A.  Acceptance of Grants allocated in the 2017-2018 State Budget

 

Mr. Furman, Planning and Inspections Director, presented two (2) grants awarded to the County in the 2017-18 State Budget.  Approval is required to accept the grants so the funds can be recognized in the County budget. Both grants, each in the amount of $50,000 will be disbursed to the County on a reimbursement basis.  One is for the Guy Ford Road River Access, funded through the Office of State Budget and Management, and is available due to the efforts of Senator Ballard.  Mr. Furman anticipates construction to be in the spring or summer of 2018.  The other grant is to go toward construction of a greenway connector between Watauga Medical Center and the Wellness Center, to be located almost entirely on County-leased land adjacent to the Optimist Fields.  Appalachian Regional Healthcare System (ARHS) was granted a like amount for the project.  The project will be completed through a partnership between the County, ARHS and the Town of Boone.  The funding will be through the NC Department of Natural and Cultural Resources.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to accept both grants as presented by Mr. Furman.

 

VOTE:  Aye-5

             Nay-0

 

B.  Report on Old Hwy 421 and Hwy 421 Intersection

 

Mr. Furman stated that at a previous Board meeting, staff was requested to contact the North Carolina Department of Transportation (NCDOT) regarding potential improvements to the US Highway 421 and Old Highway 421 intersection near Food Lion to reduce the dangers experienced there by motorists.  NCDOT staff has begun assessing the intersection and their preliminary analysis is that an overpass would be the most effective long-term solution in addressing the issues at the intersection.  Most of the property required for the overpass is owned by NCDOT.  The US Highway 421 and Old Highway 421 intersection was submitted as a transportation project to the High Country RPO to be scored for possible inclusion in the next State Transportation Improvement Plan (STIP).  Mr. Furman stated that it would be two years until the next STIP.

 

The County Manager contacted Mike Pettyjohn, Division 11 Engineer, who stated that NCDOT has a project that will provide advanced flashing arrows and redesign the signal heads to be closer to the stop bars.

 

By consensus, the Board agreed to direct Mr. Furman to move forward with the proposed project.

Miscellaneous Administrative Matters

A.  Proposed Lease of County Property to Skyline Telephone Membership Corporation

 

County Manager Geouque stated that at the July 18, 2017, regular meeting, a lease with Skyline/Skybest for a .057 acre parcel of land located at the entrance of Watauga High School was presented.  The School Board had expressed approval for the lease.  However, due to the property serving as collateral for the loan on the high school the County is the owner of record.  The lease was modified to conform to North Carolina General Statutes and incorporate any changes by the County Attorney.

 

Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years.  Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon a thirty (30) day public notice.  Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at a future meeting. 

 

The required resolution which would authorize the lease was adopted with formal approval requested as the thirty day notification period has been met.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the lease contingent upon the County Attorney’s approval.

 

VOTE:  Aye-5

             Nay-0

 

B.  Blue Ridge Electric Membership Corporation Easement Request

 

County Manager Geouque stated that Blue Ridge Electric Membership Corporation has requested an easement on the undivided interest of property the County owns located at Tweetsie Railroad.  The purpose is to upgrade the power line to Tweetsie.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to grant the easement to Blue Ridge Electric Membership Corporation for the Tweetsie property, contingent upon county attorney review.

 

VOTE:  Aye-5

             Nay-0

 

C.  Community/Recreation Center Report

 

County Manager Geouque stated that proposals were recently solicited for firms to serve as the Construction Manager at Risk (CMAR) for the Community/Recreation Center.  Five (5) firms attended the mandatory pre-proposal conference on July 11, 2017.  On August 16, 2017, the committee appointed by the Board conducted interviews with the four (4) firms who submitted proposals.  The committee thoroughly reviewed the firms’ experience and recommended the selection of Harper Corporation General Contractors to serve as the Community/Recreation Center CMAR.

 

Mr. Chad Roberson, architect for the Community/Recreation Center, presented a contract with Harper Corporation General Contractors.  The contract is for preconstruction services and the fee for construction services for the project.  The preconstruction fee is $97,500 and construction services for the project are 3.75% of the total Guaranteed Maximum Price (GMP).  Vice-Chairman Kennedy stated that the committee was unanimous in their recommendation.

 

County Attorney di Santi stated that Mr. Wilson, with his firm, had reviewed the contract and suggested changes, and the contract was in final form for approval.  Mr. di Santi also stated that the Construction Manager at Risk format was used for and worked very well in the high school project.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the contract with Harper Corporation General Contractors for pre-construction services in the amount of $97,500 and construction services in the amount of 3.75% of the total Guaranteed Maximum Price (GMP).

VOTE:  Aye-5

             Nay-0

 

D.  Sheriff’s Office Out-of-State Travel Request

 

County Manager Geouque stated that Captain Dee Dee Rominger has requested out-of-state travel for Detective Seth Morrison to attend DARE school training in Sykesville, MD.  The out-of-state training is necessary due to the upcoming retirement of the current DARE officer.

 

 

Commissioner Hodges, seconded by Commissioner Yates, moved to approve the out-of-state travel for Detective Morrison as requested.

 

VOTE:  Aye-5

             Nay-0

 

E.  Boards and Commissions

 

County Manager Geouque presented the following:

 

Economic Development Commission

The terms of two members of the Economic Development Commission expired in June.  Mr. Ed Evans and Mr. Tommy Sofield have served two consecutive terms and are, therefore, not eligible for reappointment.  Each term is for three years.

 

Valle Crucis Historic Preservation Commission

The term of Susan Mast expires in September on the Valle Crucis Historic Preservation Commission.  Ms. Mast is willing to continue to serve if reappointed.  The term would be for three years. The Commission meets infrequently. This is a first reading.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to waive the second reading and reappoint Ms. Susan Mast to the Valle Crucis Historic Preservation Commission.

 

VOTE:  Aye-5

             Nay-0

 

F.  Announcements

 

County Manager Geouque announced the following:  

 

·       The High Country Council of Governments’ Annual Banquet is scheduled for Friday, September 8, 2017, at Linville Ridge.  If you wish to attend, please notify Anita so she may assist with registration.

 

·       The Trustees of Caldwell Community College & Technical Institute invites the Board of Commissioners to a meeting on Wednesday, September 20, 2017, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Boone NC, in Room 112.

Public Comment

There was no public comment.  Mr. Jeff Deal had signed up to speak prior to the meeting but was not present when called upon.

 

 

Closed Session

At 9:14 A.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).

 

VOTE:  Aye-5

             Nay-0

 

 [Clerk’s Note:  Commissioner Yates momentarily stepped out of the meeting just prior to the below motions and returned immediately after the meeting was adjourned.  Therefore, he was absent from the room when the votes took place.]

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to resume the open meeting at 9:52 A.M.

 

VOTE:  Aye-4(Welch, Kennedy, Hodges, Turnbow)

             Nay-0

             Absent-1(Yates)

Adjourn

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adjourn the meeting at 11:22 A.M.

 

VOTE:  Aye-4(Welch, Kennedy, Hodges, Turnbow)

             Nay-0

             Absent-1(Yates)

 

 

 

John Welch, Chairman

 

ATTEST:  Anita J. Fogle, Clerk to the Board