MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, MAY 15, 2012

 

The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 15, 2012, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      Vince Gable, Vice-Chairman

                                                David Blust, Commissioner

                                                Jim Deal, Commissioner

                                                Tim Futrelle, Commissioner

Austin Eggers, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

[Clerk’s Note:  Chairman Miller was not present due to a prior commitment.]

 

Vice-Chairman Gable called the meeting to order at 5:31 P.M.

 

Vice-Chairman Gable extended sympathy to the family of local business owner and County native, Mr. Mack Brown.

 

Commissioner Deal opened the meeting with a prayer and Vice-Chairman Gable led the Pledge of Allegiance.

Approval of Minutes

Vice-Chairman Gable called for additions and/or corrections to the May 1, 2012, regular meeting and closed session minutes and the May 3, 2012, and May 7, 2012, special meeting minutes.

 

Commissioner Deal, seconded by Commissioner Blust, moved to approve the May 1, 2012, regular meeting minutes as presented.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

 

Vice-Chairman Gable tabled consideration of the May 1, 2012, closed session minutes until a future meeting.

 

Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the May 3, 2012, special meeting minutes as presented.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the May 7, 2012, special meeting minutes as presented.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Approval of Agenda

Vice-Chairman Gable called for additions and/or corrections to the May 15, 2012, agenda.

 

County Manager Geouque requested to add an additional Board of Elections’ request for consideration of a proposed grant to fund primary election coding.

 

The County Manager also requested that both the scheduled closed session and the FY 2013 Home and Community Care Block Grant (H&CCBG) allocation request be removed from the agenda.  Additional information has been received regarding the H&CCBG allocation and, therefore, the request would be presented at a future meeting.

 

Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the May 15, 2012, agenda as amended.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Watauga County Pathways Property Transfer Request

Mr. William Hall, Chairman of Watauga County Pathways, requested consideration of the transfer of three properties and three easements from Watauga County Pathways, Inc., previously Middle Fork Greenway Association, and Blue Ridge Conservancy to Watauga County.  The properties and easements were to be used for a planned hiking and biking greenway to be constructed between Boone and Blowing Rock.  The three properties were: .819 acres deeded on Payne Branch; 1.36 acres deeded on Niley Cook Road; and 3.658 acres on Sterling Creek (known as the Whitener Tract).

 

County Manager Geouque stated that the project and transfer of the properties was originally approved in October of 2009, contingent upon the County Attorney preparing the appropriate documents; however, due to issues with the North Carolina State Property Office, recording of the transfers was delayed.  The proposed deeds included wording that the County would hold no responsibility for the construction of the greenway and its continuing maintenance after completion.  If approved, the properties would be listed on the County’s property insurance.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to accept the conveyance of the three properties as presented.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Watauga Humane Society Spay/Neuter Program Request

Ms. Anita Gomez, Watauga County Chief Animal Control Officer, stated that the County was eligible to apply to participate in a spay/neuter program funded by state revenues collected through I Care license plate purchases.  Cities and Counties were eligible to apply for reimbursement of direct costs of spaying and neutering of cats and dogs owned by low-income persons.  Chief Gomez presented a proposed Cooperative Spay-Neuter Services Agreement between the County and Humane Society as the local program would be operated through the Humane Society.  A correction was noted in the proposed agreement that the official name of the State program, which was to fund the local program, was the NC Spay/Neuter Program.  The purpose of the program was to reduce the population of unwanted animals in the State.  The Humane Society would contract with a vet to provide spay and neuter services.  Upon completion of the services, the Humane Society would pay the vet and submit appropriate documentation for the County to submit to the State for reimbursement.    No County match or expenditure of funds by the County was required.  Watauga Humane Society personnel were responsible for verifying low-income eligibility and, in the event that funds were no longer available, the Humane Society would be responsible for all associated expenses.  In addition, the Humane Society would be financially responsible for compliance with all rules and regulations pertaining to the program.

 

Commissioner Futrelle, seconded by Commissioner Blust, moved to approve the Cooperative Spay-Neuter Services Agreement with the Watauga Humane Society as corrected to include the NC Spay/Neuter Program as the State program through which reimbursements were to be received and contingent upon the County Attorney’s review.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Voting Equipment Maintenance Agreement

Ms. Jane Ann Hodges with the Board of Elections presented a proposed five (5) year maintenance agreement for the County’s voting machines which was to cover the software and firmware for the machines.  In past years, the State Board of Elections paid for the maintenance and upkeep on the voting equipment with Help America Vote Act (HAVA) funds.  However, $4,000,000 of HAVA funds was currently frozen and therefore not available to the County.

 

Board of Election staff has been presented with a contract from Election Systems and Software to provide maintenance and repair of the voting equipment in the amount of $26,776.22 per year with a five (5) year commitment or $31,268.97 per year with a one (1) year commitment.  Staff would recommend language be added to the contract that stated if HAVA funds were to be made available then the contract would be voided, unless the contract is acceptable to the County Attorney in its present form.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the contract with Election Systems and Software in the amount of $26,776.22 for a five (5) year term with the understanding that it would be void if HAVA funds were released by the State Board of Elections to pay for the maintenance and repair of the County’s voting equipment and contingent upon the County Attorney’s review.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Help America Vote Act (HAVA) Grant Application Request

Ms. Hodges stated that the State had recently released $1,000,000 in Help America Vote Act (HAVA) funds to be used for second primary election coding for which the County could apply in the amount of $4,500.  Ms. Hodges stated that information regarding the availability of funding was received May 14, 2012, and the applications for funding requests were due to the State by June 1, 2012.

 

Commissioner Blust, seconded by Commissioner Futrelle, moved to approve the submission of the application for $4,500 in HAVA funding for second primary election coding expenses.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Bid Award Request for Demolition of the Old High School

Mr. Robert Marsh, Maintenance Director, presented the following bids received for the demolition of the old Watauga High School:

 

Vendor

5% Bid Bond or Cashiers’ Check

Contractor’s License #

Calendar Days to Complete

Primary Bid Price

Alternate I Bid Price

NCM

Charlotte, NC

Bid Bond

65179

180

$829,800

$115,000

D.H. Griffin Wrecking Co., Inc.

Hickory, NC

Bid Bond

35452

120

$379,990

$54,000

NEO Corp.

Canton, NC

Bid Bond

17865

180

$328,000

$33,750

MBH Enterprises, Inc.,

Rural Hall, NC

Bid Bond

71456

180

$475,567

$7,227

Taylor and Murphy

Asheville, NC

Bid Bond

5174

180

$460,475

$42,000

E. Luke Greene Co.

Strawberry Plains, TN

Bid Bond

21121

Asbestos 45

Demo 150

$485,000

$50,000

EHG, LLC

Morrisville, NC

Bid Bond

55919

120

$960,000

$90,000

Tristar of America, Inc.

Norcross, GA

Bid Bond

69663

150

$619,000

$48,000

Empire Dismantlement Corp.

Grand Island, NY

Bid Bond

51779

180

$843,000

$30,000

Dore and Associates Contracting

Bay City, MI

Bid Bond

17486

300

$927,600

$19,300

Clear Site Industrial, LLC

Charlotte, NC

Bid Bond

68679

150

$634,720

$32,500

Belfor

Charlotte, NC

None

63672

Not Listed

$1,156,986

$0

 

A total of 12 bids were received with NEO Corporation from Canton, NC, providing the lowest responsive and responsible bid in the total amount of $361,750 for the demolition of the primary building area and acceptance of Alternate I which included the demolition of the ancillary buildings.  Mr. Marsh stated that the bids were valid for 60 days to allow time for a public hearing if the Board so wished.

 

Commissioner Blust moved to schedule a public hearing on Tuesday, June 19, 2012, to allow citizen comment regarding the proposed demolition of the old high school.  Discussion was held regarding the need for a public hearing.  The motion died for lack of a second.

 

Commissioner Blust, seconded by Vice-Chairman Gable, moved to schedule a public hearing on Tuesday, June 5, 2012, at 8:00 A.M. to allow citizen comment regarding the proposed demolition of the old high school.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

Public Hearings to Allow Citizen Comment

A.  Proposed Amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures

A public hearing was scheduled to allow citizen comment on proposed amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures. 

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to open the public hearing at 6:04 P.M. to allow citizen comment on the proposed amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

Mr. Joe Furman, Planning and Inspections Director, presented the proposed changes and stated that the majority of the changes requested were designed to encourage affordable housing projects and fire apparatus access and update definitions of waste water disposal systems.  The Planning Board approved sending the proposed changes to the Board of Commissioners for adoption.

 

There being no public comment, Vice-Chairman Gable declared the public hearing closed at 6:07 P.M.

 

Commissioner Deal, seconded by Commissioner Blust, moved to adopt the amendments to the Watauga County Ordinance to Govern Subdivisions and Multi-Unit Structures as presented.

 

VOTE:  Aye-5(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

B.  FY 2013 Proposed Budget

A public hearing was scheduled to allow citizen comment on the Manager's Recommended Budget for Fiscal Year 2013.

 

Commissioner Deal, seconded by Commissioner Blust, moved to open the public hearing at 6:08 P.M. to allow citizen comment on the Manager’s Recommended Budget for FY 2013.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

The County Manager reviewed the following changes from the FY 2013 Manager’s Recommended Budget due to the recent budget work sessions which resulted in an overall increase to the proposed budget of $10,000:

 

Revenues

 

 

Cable TV Franchise Fees

increase

$10,000

 

 

 

Expenditures

 

 

Board of Elections

increase travel and part time salaries                       

$8,790

Board of Education

increase current capital outlay

$18,826

Recreation, Special Populations

increase supplies and travel

$850

Special Allocations

 

decrease Children’s Playhouse

decrease WeCAN

$2,500

$1,000

Emergency Services

decrease cell allowance

$576

Tax Administration

decrease salaries

$6,000

General Administration

 

decrease Professional Services-Architects     $7,540

decrease miscellaneous expenses

$7,540

$850

 

The following individuals addressed the Board, speaking on behalf of their organization, regarding the recommended budget:

 

Audrey Hartley, Watauga County Library Board Chair

Debbie Passakaqua, Library Supporter

Mar Stegall, Library Supporter

Pat Alexander, Library Supporter

Lynne Mason, Hospitality House Executive Director

Bob Goddard, Hunger Coalition and Hospitality House

Janice Carroll, Green Valley Community Park

Kay Dixon, Hospitality House Vice-Chairman

Melissa Selby, Community Care Clinic Executive Director

Robert Schneider, Hospitality House

Kedith England, Hospitality House Board Member

Caroly Stewart, Hospitality House Beneficiary

Compton Fortuna, Hunger and Health Coalition Executive Director

Todd Carter, Hospitality House Development Director

Parker Stevens, Appalachian Women’s Fund Executive Director

Laura Bullock, Hospitality House Services Coordinator

Cynthia Banks, Episcopal Church Director/Priest in Charge and Hospitality House Supporter

Evelyn Asher, CCC&TI Small Business Center Director/Library and Hospitality House Supporter

Steve Canipe, Southern Appalachian Historical Association Supporter

Chris Turner, AppalCART Director

Graham Doege, WeCAN Program Administrator/Hospitality House Supporter

Jan Watson, Watauga Humane Society Board Chairman [Dr. Watson also requested the Board appoint a representative to serve on the Watauga Humane Society Board.]

Zach Ollis was not present when called to speak

Denise Lockett, Hospitality House Supporter

 

There being no further public comment, Vice-Chairman Gable declared the public hearing closed at 7:03 P.M.

 

Commissioner Deal made a statement that Board decisions regarding the recommended budget were not unanimous and shared that he believed more could be done for the Library.

 

Board action was not required and, therefore, none was taken.

Smoky Mountain Center Quarterly Financial Report

Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center Quarterly Report as required by Statute. 

 

Board action was not required and, therefore, none was taken.

Miscellaneous Administrative Matters

A.  Proposed Property and Liability Insurance and Workers Compensation Renewals Request

County Manager Geouque presented renewal rates for property and liability insurance and workers compensation.  The rate for property and liability was quoted at $244,167, which was a $6,362 decrease from the current rate.  The rate for workers compensation was quoted at $228,278, which was an 18% increase from the current rate.  The primary cause of the increase was due to the rate being based on claims totals from the past three years.  This year FY 2008 claims totaling $10,858 were dropped from that total and FY 2011 claims, totaling $226,026, were added.  One claim represented 70% of the total claims for FY 2011 so there was little the County could have done to be proactive in preventing the increase.  The County Manager stated that the County would realize a 2% discount for an early payment of the premium.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to accept the renewals for property and liability insurance, in the amount of $244,167, and workers compensation, in the amount of $228,278, both from the North Carolina Association of County Commissioners (NCACC).

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

B.  Boards and Commissions

County Manager Geouque stated that formal action had not been taken to appoint a Board representative to the Watauga Humane Society Board.

 

Commissioner Futrelle, seconded by Commissioner Blust, moved to appoint Commissioner Deal as the Board of Commissioners’ representative member of the Watauga Humane Society Board of Directors.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

County Manager Geouque stated that both Mr. Paul Combs and Ms. Lauren Waterworth’s terms were set to expire in June on the Economic Development Commission (EDC).  EDC terms were for three (3) years, and appointees were eligible to serve two (2) consecutive terms.  Both Mr. Combs and Ms. Waterworth have served one (1) term thus far and both were willing to be reappointed.  The County Manager stated that a Volunteer Application had also been received from Ms. Susan Norris who had expressed interest in serving as a member of the EDC.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to reappoint Mr. Paul Combs and Ms. Lauren Waterworth to the Economic Development Commission.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

C.  Announcements

County Manager Geouque made the following announcements:

 

·       A public hearing will be held Tuesday, June 5, 2012, at 8:00 A.M. to allow citizen comment on the proposed demolition of the old high school.

 

 

·       A public hearing will be held Tuesday, June 19, 2012, at 6:00 P.M. to allow citizen comment on proposed fire district boundary changes involving Stewart Simmons, Deep Gap, and Boone districts. 

Public Comment

There was no public comment.

Adjourn

Commissioner Futrelle, seconded by Commissioner Deal, moved to adjourn the meeting at 7:09 P.M.

 

VOTE:  Aye-4(Gable, Blust, Deal, Futrelle)

             Nay-0

             Absent-1(Miller)

 

 

Vince Gable, Vice-Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board