MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, OCTOBER 1, 2019

 

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, October 1, 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

Andrea Capua, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 8:33 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 September 17, 2019, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the September 17, 2019, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the September 17, 2019, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the October 1, 2019, agenda.

 

County Manager Geouque requested to add Community Recreation Center Change Order# 5 as Change Order # 4, currently on the agenda, was broken out into two change orders.

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the October 1, 2019, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Cooperative Extension Livestock Program Update

Mr. Eddy Labus, Cooperative Extension Agent, gave an update on the livestock program.  Mr. Labus stated that beef prices are extremely low after being on a three year downward trend.  The County’s stock scales are loaned out and greatly used by farmers.  With the poultry slaughter facility in nearby Marion, North Carolina, having closed down, the Extension is offering classes for commercial poultry producers on food safety and slaughter techniques.  Mr. Labus stated that meat producers continue to fill the freezers at the Food Hub and the Extension is helping people obtain their meat license and working with producers to add value through local meat sales.  The report was given for information only and, therefore, no action was required.

Emergency Services Matters

A.  Proposed Resolution Approving Stewart Simmons Volunteer Fire Department’s Five and Six-Mile Insurance District Boundaries

 

Stewart Simmons Fire Chief, Doug Berry, presented a proposed map which, upon adoption, will approve the boundary lines of the Stewart Simmons Rural Fire Five and Six-Mile district coverage.  Chief Berry stated that the Fire District boundaries were not changing but, due to a second station being in operation, the insurance map has changed.

 

Commissioner Wallin, seconded by Commissioner Yates, moved to adopt the resolution approving the five and six-mile district coverage map as presented by Chief Berry.

 

VOTE:  Aye-5

             Nay-0

 

B.  Priority Dispatch License Renewal Request

 

Mr. Will Holt, Emergency Services Director, presented a proposed renewal for the Priority Dispatch software license in the amount of $16,800.  The software is used by Fire, EMS, and Law Enforcement for processing calls utilizing a list of standardized questions to prioritize these calls.  Mr. Holt stated that 911 funds will cover the expense.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the renewal in the amount $16,800 with Priority Dispatch for call processing software.

 

VOTE:  Aye-5

             Nay-0

 

 

C.  Proposed MobileCAD Contract

 

Mr. Will Holt presented a contract for $25,505 for MobileCAD (MDIS) with Southern Software.  Mr. Holt stated that this will be for patrol vehicles and will reduce radio traffic and send live data including BOLO (Be on the Lookout) Alerts.  This software will raise awareness and increase safety for officers.  Mr. Holt stated that 911 funds will cover $16,438 with the remaining $9,067 to come from County funds with adequate funds available to cover the expense.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the contract with Southern Software for MobileCAD in the amount of $25,505 with $16,438 to come from 911 funds and the remaining $9,067 to come from County funds.

 

VOTE:  Aye-5

             Nay-0

Proposed Additional Appropriation of State Funds for Senior Centers

Ms. Angie Boitnotte, Project on Aging Director, stated that additional Senior Center General Purpose funding was available for the County’s two senior centers in the total amount of $14,098 which requires a 25% local match.  The L. E. Harrill Senior Center, as a Center of Excellence, was eligible to receive $10,574 with a local match of $3,525.  The Western Watauga Community Center was eligible to receive $3,524, with a local match of $1,175.  Ms. Boitnotte stated that the total local match required, in the amount of $4,700, is present in the current Project on Aging budget.

 

County Attorney Capua stated that the attachment referenced in the contract was not presented with the contract.  Ms. Boitnotte stated that she would obtain the attachment from the High Country Council of Governments.

 

Commissioner Yates, seconded by Commissioner Wallin, moved to approve the local match of $4,700 and to accept the additional Senior Center funding in the amount of $14,098 contingent upon receiving the attachment from the High Country Council of Government.

 

VOTE:  Aye-5

             Nay-0

Maintenance Matters

A.  Design-Build Contract Award Request for Re-roofing Projects at the Courthouse and Administration Building

 

Mr. Robert Marsh, Maintenance Director, stated that the County had received three responses to a bid request for roof replacements on the Courthouse and Administrative buildings.  All three contractors were interviewed with each contractor being scored based on their qualifications and responses to the interview questions.  After a thorough review of the contractors and their responses staff recommended the bid be awarded to Muter Construction.

 

If approved by the Board, Muter Construction staff will negotiate a fee for the design phase of the project.  After which, Muter Construction will submit a guaranteed maximum price for the construction phase of the projects for Board approval.  In the event staff is unable to negotiate a reasonable fee the next competitive contractor will be selected.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the design-build contract for the reroofing of the Courthouse and Administration Building projects to Muter Construction and authorize staff to negotiate a fee for design services.

 

VOTE:  Aye-5

             Nay-0

 

B.  West Annex Culvert Replacement Bid Award

 

Mr. Robert Marsh stated that the County’s local policy requiring three (3) bids for informal projects as defined by the North Carolina General Statutes was waived at the September 3, 2019, meeting.  The County requested bids to be submitted and opened on September 10, 2019, for the West Annex (Cooperative Extension Building) culvert replacement project.  Approximately seven contractors where solicited and four contractors requested plans for review; however, since three (3) bids were not received, the project was re-advertised with a deadline of September 18, 2019, in an effort to obtain additional bids.  Only one bid was received throughout the entire process and was opened on September 18, 2019.  The bid was responsive and met all of the requirements per the bid specifications.  J. W. Hampton submitted the bid in the amount of $254,293.50 which is less than the project budget.  Adequate funds are available in the current budget.  Due to an urgency to start the project, staff approved J. W. Hampton’s bid in the amount of $254,293.50.  Staff would request that the Board formally award the bid to J. W. Hampton in the amount of $254,293.50.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to award the bid to J. W. Hampton, in the amount of $254,293.50, for construction of the culvert replacement project at the West Annex.

 

VOTE:  Aye-5

             Nay-0

Property Tax Appeal

Mr. Larry Warren, Tax Administrator, presented a request from a citizen to apply for Senior Exemption status at the September 17, 2019, meeting.  The application was required to be filed before June 1st of each year.  Staff informed the citizen that both her and her husband’s income would be considered because they were still married.  The citizen then proceeded to obtain her divorce in June.  On August 26, 2019 the citizen came in with a copy of an application where she found at the bottom of the last page a paragraph regarding Late Application upon showing of good cause.  Her reason for the submitting the untimely application was that her divorce had not been finalized by the deadline.  Staff’s recommendation was to deny the application for 2019 in order to not set a precedent for other late filings.

 

The appeal would have been filed with the Board of Equalization and Review but since this Board has adjourned the appeal is required to be heard by the Board of Commissioners.  Mr. Warren presented the tax card showing that the taxpayer was the only owner on record and had always been.  Her husband had never been listed as a property owner.  Mr. Warren stated that she had several other assets as well.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to deny the appeal application based on the additional information received from Mr. Warren.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Welch stated that the citizen could apply for the Senior Exemption status in 2020.

Community Recreation Center (CRC) Matters

A.  Community Recreation Center Update

B.  Community Recreation Center Change Order #4 & #5

 

Mr. Chad Roberson with Clark Nexsen updated the Board on the progress of the construction of the new Community Recreation Center.  Bad weather had only impacted 35 days of the project thus far.  To date $21,542,932 has been expended with approximately $11.4 million left in the budget.  The projected finish date at this time is April 25, 2020.  The Notice to Proceed for the project was given on October 9, 2018.

 

Mr. Roberson presented Change Orders #4 and #5 for the Community Recreation Center.  The change orders reconcile modifications required due to unsuitable soils, modifications required by the regulatory review and project coordination.  To date the budget summary indicates no increase in the total project cost and an owner contingency balance of $299,157 with contractor contingency of $611,000 and allowances of $100,000.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve Change Order # 4 and Change Order # 5 for the Community Recreation Center project.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Budget Amendments

 

County Manager Geouque reviewed the following budget amendments:

 

Account #

Description

Debit

Credit

103991-399100

Fund Balance Appropriated

 

$500,000

109800-498099

Transfer to Rec Center Capital Project Fund

$500,000

 

493980-398000

Transfer from General Fund

 

$500,000

496120-458000

Capital Outlay – Building

$500,000

 

 

 

 

 

The amendment transferred $500,000 to the Community Recreation Center Capital Project Fund for water and sewer impact fees to the Town of Boone as approved at the September 17, 2019, Board meeting.

 

103991-399100

Fund Balance

 

$204,165

109800-498021

Transfer to Capital Projects Fund

$204,165

 

213980-398100

Transfer from General Fund

 

$204,165

219930-459122

WCS CIP-Classroom Presentation Technology

$53,368

 

219930-459122

WCS CIP-Facilities - Furniture/Equipment

$55,603

 

219930-459122

WCS CIP-Roof Maintenance

$9,421

 

219930-459122

WCS CIP-Security Cameras

$2,929

 

219930-459122

WCS CIP-HVAC/Sewer Pump Replacements

$170

 

219930-459122

WCS CIP-Gym Floor Replacements

$8,633

 

219930-459122

WCS CIP-School Kitchen/Cafeteria Equipment

$1,176

 

219930-459122

WCS CIP-Pre-K Start Up at Bethel

$28,427

 

219930-459122

WCS CIP-WHS Sealant on Track

$2,216

 

219930-459122

WCS CIP-Facilities Study Plan

$42,222

 

 

 

 

 

The amendment returned unused Capital Improvement Plan (CIP) funds from the completed projects listed above to set aside capital project funds for the schools.

 

103839-384000

Donation

 

$331,000

104199-457001

Capital Outlay – Land

$331,000

 

 

 

 

 

The amendment recognized the donation of twelve (12) acres of land for Section 4 of the Middle Fork Greenway as approved at the December 3, 2018, Board meeting.

 

County Manager Geouque presented handouts showing that the Town of Boone had been paid for the water/sewer permit for the Community Recreation Center.  Mr. Geouque also shared a timeline clarifying information that had recently been published in the Watauga Democrat regarding the permit fee.  Discussion was held regarding the information presented.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the budget amendments as presented by County Manager Geouque.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Lease Extension for Turner Property

 

County Manager Geouque stated that Mr. John Turner had requested an extension of his firm’s current lease with the County for the law office premises at 136 North Water Street, Boone.  His request was for a maximum six month extension through May 30, 2020.  He was agreeable to a monthly increase in rent from $1,000 to $1,500.  The new monthly lease rate would be effective with the rent payable on November 30, 2019, which would be the first month of the extended term.  Mr. Turner also agreed to continue to maintain the buildings and grounds through the extended term of the lease.  Mr. Geouque stated that the Board could agree to the proposed terms or counter with a month to month lease agreement.  Mr. Robert Marsh, Maintenance Director, has prepared to advertise for a buyer for the house on the property.  Mr. Turner is aware that he would need to move as soon as possible if a buyer is found.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the lease extension through May 30, 2020, at an increased monthly rate of $1,500, with Mr. Turner continuing to maintain the buildings and grounds through the extended term.

 

VOTE:  Aye-5

             Nay-0

 

C.  Boards and Commissions

 

County Manager Geouque share the following for consideration:

 

Nursing Home Community Advisory Committee

Ms. Stevie John, High Country Council of Government’s Regional Long-term Care Ombudsman, submitted Ms. Pat Coley’s name for appointment to the Watauga County Nursing Home Community Advisory Committee.  Ms. Coley is willing to serve a for one-year term if so appointed.  This is a first reading.

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to waive the second reading and appoint Ms. Pat Coley to the Nursing Home Community Advisory Committee for a one-year term.

 

VOTE:  Aye-5

             Nay-0

 

Board of Adjustment

The terms of Mr. David Hill, current Chairman, and Mr. Chuck Phillips, current Vice-Chairman, are set to expire in November.  Both are willing to continue to serve for additional three (3) year terms.  Both are at-large appointees.  The Board is in the process of scheduling a meeting for the first or second week in December. In the event appointments have not been made by that time, Mr. Hill and Mr. Phillips would continue to serve until re-appointed or replaced.  These are first readings and, therefore, no action was taken.

 

D.  Announcements

 

County Manager Geouque announced the following:

 

·       A public hearing will be held at 5:30 P.M. on Tuesday, October 15, 2019, to allow citizen comment on proposed amendments to the Valle Crucis Historic District Ordinance.

 

·       The regular meeting scheduled for Tuesday, November 5, 2019, has been moved to Wednesday, November 6, 2019, due to the Commissioners Board Room being used as an official polling place for Election Day.  The meeting will be at 8:30 A.M.

Public Comment

Mr. Bert Valery, who started a Senior Softball team five years ago, thanked the Board as well as Parks and Recreation staff for working with him and allowing the use of County fields for practices and games.

Closed Session

At 9:32 A.M., Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Land Acquisition, per G. S. 143-318.11(a)(5)(i), 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 10:46 A.M.

 

VOTE:  Aye-5

             Nay-0

Action After Closed Session

There was no action after closed session.

Adjourn

Commissioner Turnbow, seconded by Commissioner Wallin, moved to adjourn the meeting at 10:46 A.M.

 

VOTE:  Aye-5

             Nay-0

 

 

John Welch, Chairman                                        

 

ATTEST: 

Anita J. Fogle, Clerk to the Board