MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 7, 2019
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, May 7, 2019, 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
Larry Turnbow, Commissioner
Charlie Wallin, Commissioner
Perry Yates, Commissioner
Anthony di Santi, County Attorney
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Welch called the meeting to order at 8:35 A.M.
Commissioner Wallin opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the April 16, 2019, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the April 16, 2019, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the April 16, 2019, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the May 7, 2019, agenda.
County Manager Geouque requested to add Land Acquisition, per G. S. 143-318.11(a)(5)(i) to the scheduled closed session.
Commissioner Yates requested to add discussion regarding a disposal issue at Sanitation due to recent citizen calls.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the May 7, 2019, agenda as amended.
VOTE: Aye-5
Nay-0
PEG Channel Agreement with AppState
Mr. Robert Gelber, General Manager of AppTV, presented a proposed agreement certifying AppTV as Watauga County’s education PEG channel. The agreement would enable AppTV to record and store county commissioner meetings, relay local emergency alerts and open up more opportunities in the future. Mr. Gelber stated that AppTV is run by students who are preparing for careers in TV. Mr. Gelber stated that the rights to the content of recordings belonged to the current students of the program.
County Manager Geouque stated that in a separate agreement the County would have a “kill” switch so all meetings in the room (including closed sessions) would not be recorded. The County Manager stated that the County did not have staff to video the meetings and the County would not keep the taped recordings. Concerns regarding copyrights and to whom the property would belong came up during discussion.
Commissioner Yates, seconded by Commissioner Turnbow, moved to table to allow the County Attorney and County Manager to work on concerns.
Mr. Gelber stated that approval was desired in time for AppTV’s state certification in early July.
Purchase of Equipment for Body Storage at the Watauga Medical Center
Due to recent changes regarding the storage of dead bodies, the County has been working with the Health Department and Watauga Medical Center for a suitable location. The Medical Center graciously agreed to serve as the facility. The Board approved recently the agreement between the County and the Medical Center to serve as the facility for the storage of bodies. As stated previously, a future budget request was to be forthcoming to outfit the space with coolers to house the bodies and other potential ancillary equipment.
Ms. Jennifer Greene, AppHealth Director, presented a quote from Mopec in the amount of $41,963.64 for a three person cooler which is the best option. The annual equipment monitoring service fee with Advanced Detection Solutions, LLC is in the amount of $180. County Manager Geouque stated that this is a onetime cost (with the exception of the annual monitoring fee) and recommended funds for the coolers will be allocated from the professional services line item.
VOTE: Aye-5
Nay-0
Community Recreation Center change order #3
Mr. Chad Roberson, ClarkNexsen, gave a brief progress update on the construction of the Community Recreation Center. Mr. Roberson stated that the steel erection continues, Phase II demolition is set to begin in the next thirty days, and the completion date is April 21, 2020.
Mr. Roberson also presented Change Order #3 for the Community Recreation Center. The change order reconciles the alternates that were delayed in their actual approval until the project progressed to a point where the foundation work was complete and steel was starting to be erected. To date the budget summary indicates no increase in the total project cost and an owner contingency balance of $776,107.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve Change Order # 3 for the Community Recreation Center as presented.
VOTE: Aye-5
Nay-0
Soil and Water Conservation Office Request to Extend Office Hours
Mr. Denny Norris, Watauga County Soil and Water Conservation District Chairman, requested approval to a change in their hours of operations. Several years ago the Department changed the hours of operation to 7:30 A.M. to 5:00 P.M. from 8:00 A.M. to 5:00 P.M. Mr. Norris requested the hours be changed to 7:30 A.M. to 5:30 P.M. Mr. Norris stated that the hours will be helpful to many farmers who also work at other jobs. Mr. Norris stated that the hour change would only be until daylight savings time ends.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the hours of operation for the Soil and Water Conservation Office be set at 7:30 A.M. to 5:30 P.M. until daylight savings time ends as presented by Mr. Norris.
VOTE: Aye-5
Nay-0
Updated NC Department of Health and Human Services (DHHS)/County Memorandum of Understanding (MOU) Pursuant to G. S. 108A-74
On behalf of Mr. Tom Hughes, DSS Director, County Manager Geouque presented an updated Memorandum of Understanding (MOU) with the Department of Health and Human Services for all social services programs. The County Manager stated that the current version is a little friendlier than the original version. The MOU does not allow for the County to affix any documentation not included as part of the original document. The County Manager stated that Mr. Hughes recommended approval of the MOU as presented.
County Manager Geouque stated that the Board could table consideration, not accept the MOU, or send a letter to the State with concerns regarding the MOU.
After discussion, Chairman Welch tabled consideration to allow time for review and consultation from the County Attorney.
Proposed Upgrade to Recreation Software
Mr. Stephen Poulos, Parks and Recreation Director, presented a proposed software upgrade with Vermont Systems Recreation and Parks Software to the current system used by the Department in preparation for the new Community Recreation Center (CRC) opening. The upgrade will be required to enter and track memberships and schedule the facilities at the CRC. The upgrade and training will cost approximately $35,816 and require an annual maintenance fee of $3,366.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the software upgrade, training, and annual maintenance fee as presented by Mr. Poulos.
VOTE: Aye-5
Nay-0
Maintenance Matters
A. Request for Exemption from Quality Based Selection Process for the Procurement of Engineering Services
Mr. Robert Marsh, Maintenance Director, requested the exemption of the Complex 1 field reorientation and new courts project from N.C. General Statute 143-64.31. Timmons Group designed the Anne Marie fields located adjacent to the complex field. Due to Timmons Group’s working knowledge of the project and previous work for the county; staff would recommend the Board exempt this project from N.C. General Statute 143-64.31 and select Timmons Group for the final design, bidding, and construction administration as they would be the most qualified for the project.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to exempt Complex 1 field reorientation and new courts project from N.C. General Statute 143-64.31 and select Timmons Group for the final design, bidding, and construction administration for the project.
VOTE: Aye-5
Nay-0
B. Request to Hire Timmons Group for Design of New Recreational Facilities (Tennis and Basketball Courts)
Mr. Marsh presented a proposed contract in the amount of $33,100 with Timmons Group for engineering and design of the outdoor facilities at the new Community Recreation Center. Mr. Marsh stated that the County was very satisfied with services provided by the Timmons Group for the baseball fields in earlier projects.
Commissioner Yates, seconded by Commissioner Wallin, moved to contract with the Timmons Group in the amount of $33,100 for the recreational facilities at the new Community Recreation Center as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
Request to Accept NC Department of Natural and Cultural Resources Grant for Renovations and Improvements to the Western Watauga Community Center
Ms. Misty Watson, Finance Director, requested acceptance of a grant awarded by the North Carolina Department of Natural and Cultural Resources in the amount of $30,000 for the Western Watauga Community Center. Senator Ballard was instrumental in the grant award to the County. The funds will be utilized to upgrade lighting, HVAC replacement, and restroom renovations.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the grant with the North Carolina Department of Natural and Cultural Resources in the amount of $30,000 for renovations at the Western Watauga Community Center.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Presentation of the FY 2020 Capital Improvement Plan (CIP)
The County Manager presented the FY 2019-2020 Capital Improvement Plan (CIP) for review prior to discussion during the upcoming budget work sessions.
B. Presentation of the Manager’s FY 2020 Recommended Budget
The County Manager presented his Recommended FY 2020 Budget and reviewed highlights. He announced upcoming budget work sessions scheduled on Wednesday, May 8, 2019, beginning at 2:00 P.M. and Thursday, May 9, 2019 at 9:00 A.M. A public hearing will be held on May 21, 2019, at 5:30 P.M. to allow citizen comment on the proposed budget.
C. Proposed Lease Renewal with Cove Creek Preservation and Development (CCP&D)
County Manager Geouque presented a proposed lease extension for the Old Cove Creek School property, as requested by the Cove Creek Preservation and Development (CCP&D). 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 10 days' public notice. The notice has been given.
Vice-Chairman Kennedy requested wording be added requiring CCP&D to get County approval prior to cutting trees on the property.
Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the lease subject to the addition of the clause regarding CCP&D obtaining County permission to cut trees.
VOTE: Aye-5
Nay-0
D. Proposed Appalachian Enterprise Center Lease Renewal with NC Works
County Manager Geouque presented a proposed lease with the High Country Workforce Development Board (HCWDB) for a portion of the Appalachian Enterprise Center (AEC). 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 10 days' public notice. The notice has been given.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the lease as presented by the County Manager.
VOTE: Aye-5
Nay-0
E. Bid Award for Re-turfing of One of the Two Fields At Ted Mackorell Soccer Complex
Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to recuse Chairman Welch from discussion of this topic as he is an employee of Appalachian State University.
VOTE: Aye-5
Nay-0
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to recuse Commissioner Wallin from discussion of this topic as he is an employee of Appalachian State University.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that a committee consisting of County and ASU staff, along with High Country Soccer Association members has been meeting to select a vendor to replace the turf at one of the two soccer fields at the complex. The other field will be replaced in the next five (5) years. The current turf is approximately eleven (11) years old. The committee has met multiple times over the past several months reviewing and analyzing the different vendors with each given the opportunity to meet to discuss their product. High Country Soccer handled the bid process. Three bids were received from AstroTurf, FieldTurf, and Medallion. AstroTurf’s bid in the amount of $411,000 was selected as the committee’s recommendation based on the maintenance package and a sweeper/brush that was included. The County Manager stated that funds would be allocated from the administrative contingency. The “A” on the field for Appalachian State University will be paid for in full by Appalachian State University.
After discussion, Commissioner Turnbow, seconded by Commissioner Yates, moved to accept AstroTurf’s bid in the amount of $411,000 with the County to pay one-third (1/3), in the amount of $137,000, and allocate the funds from the administrative contingency.
VOTE: Aye-3(Kennedy, Turnbow, Yates)
Nay-0
Recused-2(Welch, Wallin)
Commissioner Turnbow, seconded by Commissioner Yates, moved to reinstate Chairman Welch and Commissioner Wallin to the meeting.
VOTE: Aye-3(Kennedy, Turnbow, Yates)
Nay-0
Recused-2(Welch, Wallin)
F. Boards and Commissions
County Manager Geouque share the following for consideration:
Economic Development Commission
Three (3) terms on the Economic Development Commission will expire in June. Mr. Tad Dolbier has served one (1) term, is eligible for another, and would like to be reappointed. The terms of Mr. Doug McGuire and Mr. Ray Cameron are also expiring. Mr. McGuire has not attended a meeting since January, 2017. Mr. Cameron has not attended since January, 2018, and had previously informed me of his intention to move towards retirement and to be in town less frequently. During the past several months, two (2) volunteer applications have been received and are attached. Also attached is a current roster. Terms are three (3) years with a limit of two (2) consecutive terms. This was a first reading and, therefore, no action was required nor taken.
Boone Rural Fire Protection Service District Board
Each Commissioner nominates a representative to the Boone Rural Fire Protection Service District Board whose terms run concurrent with the term of the appointing Commissioner. Boone Rural Fire Service District Board members must own property and reside within that Fire Service District. Commissioner Wallin nominated Ms. Mary Cavanaugh to serve as his representative.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to appoint Ms. Mary Cavanaugh as Commissioner Wallin’s representative to the Boone Rural Fire Protection Service District Board.
VOTE: Aye-5
Nay-0
G. Announcements
County Manager Geouque announced the following:
· Budget Work Sessions are scheduled for Wednesday, May 8, 2019, beginning at 2:00 P.M. and Thursday, May 9, 2019, beginning at 9:00 A.M. The Work Sessions will be held in the Commissioners’ Board Room.
· The Trustees of Caldwell Community College & Technical Institute invites the Board of Commissioners to a meeting on Wednesday, May 15, 2019, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Boone NC, in Room 112.
· A public hearing will be held on Tuesday, May 21, 2019, beginning at 5:30 P.M. to allow citizen comment on the FY 2020 Proposed Budget.
· County Manager Geouque stated that May 17 and May 24 were potentially good dates for a special meeting with Senator Ballard and Representative Russell. By consensus the Board agreed the May 17 date would work best.
· The Military Officers Association of America’s 12th Annual Memorial Day Program will be held at Boone Mall on Monday, May 27, 2019, with the ceremony commencing at 10:30 A.M.
Public Comment
Mr. George Bartholomew shared concerns regarding the Tourism Development Authority’s plans for improvements to Howard’s Knob Park.
Mr. Eric Plagg, Chairperson for the Town of Boone Historic Preservation Board, requested the County and Town of Boone work together for solutions for the Turner house on County owned property located adjacent to the County Administration Building in Downtown Boone.
County Manager Geouque stated that the County has sent letters to the Town regarding the house and the Town of Boone plans to discuss the issue at their next meeting.
Mr. Wright Tilley, Executive Director of Watauga County Tourism Development Authority (TDA), stated that Destination By Design, who is designing the improvements at Howard’s Knob Park, recently met with homeowners located near the project and is working on renovations to their design which will be reported to the TDA.
Closed Session
At 10:37 A.M., Commissioner Wallin, seconded by Commissioner Turnbow, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 11:57 A.M.
VOTE: Aye-5
Nay-0
Commissioner Yates stated that Mr. Steve Loflin had sent a letter stating dissatisfaction with the Board of Equalization and Review’s decision regarding property he owns. County Manager Geouque stated that he would pass the letter along to the Tax Administrator and let him know that the Board of Commissioners reinforce the Board of Equalization and Review’s decision.
Adjourn
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to adjourn the meeting at 12:01 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board