MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JULY 21, 2015

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 21, 2015, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      Jimmy Hodges, Chairman

                                                David Blust, Vice-Chairman

                                                Billy Kennedy, Commissioner

John Welch, Commissioner

Perry Yates, Commissioner

Stacy C. Eggers, IV, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Hodges called the meeting to order at 5:32 P.M.

 

Commissioner Yates opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.

Approval of Minutes

Chairman Hodges called for additions and/or corrections to the July 7, 2015, regular meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 7, 2015, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 7, 2015, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Hodges called for additions and/or corrections to the July 21, 2015, agenda.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the July 21, 2015, agenda as presented.

VOTE:  Aye-5

             Nay-0

Bid Award Request for Hazardous Waste Storage Building

Ms. Heather Bowen, Recycling Coordinator, presented the following bids for a hazardous waste materials building:

 

US Chemical Storage                                    $26,438.00

Safety Storage                                               $26,529.70

Environmental Compliance Products           $34,470.00

 

Ms. Bowen recommended the contract be awarded to the lowest responsive bidder, US Chemical Storage (locally known as US Steel Buildings), in the amount of $26,438 for the hazardous waste materials building.  The building will allow the County to provide an enhanced service regarding disposal of hazardous household materials.  Funds are budgeted in the FY 2015-2016 Sanitation budget to cover the cost of the project.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to award the contract to US Chemical Storage in the amount of $26,438 for a hazardous waste materials building.

 

VOTE:  Aye-5

             Nay-0

Proposed Amendments to Contract for Parks and Recreation Weekend Janitorial Services With Estate Maintenance

Mr. Robert Marsh, Maintenance Director, presented an addendum in the amount of $22,365 to the Estate Maintenance contract for parks and recreation weekend janitorial services.  The current Estate Maintenance contract was adopted on May 7, 2014, and in September of 2014 the Rocky Knob restroom facilities came online.   In addition, the County no longer uses the restroom facilities at Mountaineer Ruritan Field which will create a credit of $280 for FY 2014-2015 and a $315 annual credit going forward for the remainder of the contract term.  The yearly addition of the $2,205 (for the Rocky Knob restroom facilities) and the $315 credit need to be reflected in the contract.  The new annual contract amount for weekend janitorial services is $24,255.  Adequate funds are available in Fiscal Year 2014-2015 and 2015-2016 budgets.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the addendum and the new contract amount of $24,255 for parks and recreation weekend janitorial services to be effective September 1, 2014. 

 

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on A Proposed Moratorium for Category 1 and 2 of the Ordinance To Regulate High Impact Land Uses (HILU)

Chairman Hodges declared the public hearing open at 5:38 P.M. to allow public comment on the proposed moratorium for Categories 2 and 3 of the Watauga County Ordinance to Regulate High Impact Land Uses. 

 

The following individuals addressed the Board:

 


Susie Winters

Anne Ward

Carolyn Henion

David Dengel

Lee Stroupe

Anita Stroupe

Will Canu

Jessica Stetter

Josh Teague

David Stetter

 


 

Being no further public comments, Chairman Hodges declared the public hearing closed at 6:14 P.M.

 

County Attorney Eggers stated the moratorium for Category 1 Uses was in effect until July 31, 2015, and the proposed moratorium for Category 2 and 3 Uses could be enacted if so desired.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the proposed moratorium for Category 2 and 3 Uses to send to the Planning Board, for consideration of special notices, public hearings, as well as setbacks from residences and water ways, as amended including the following:

 

Article 6A:

The following uses shall be exempt from this moratorium: Chemical Storage Facilities, Propane or Gasoline Bulk Storage Facilities, Fuel Oil Bulk Storage Facilities, Electric Substations, and Recycling Facilities operated by a County, City or State governmental unit or a public utility regulated by Chapter 62 of the North Carolina General Statutes. Provided, however, that any such entities and uses regulated thereunder shall meet the minimum standards set forth in the presently existing High Impact Land Use Ordinance of Watauga County.

 

After discussion the following vote was taken:

 

VOTE:  Aye-2(Kennedy, Welch)

             Nay-3(Hodges, Blust, Yates)

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to include considerations to add a public hearing requirement for Category 1, 2, and 3 Uses in the Ordinance to Regulate High Impact Land Uses to the public hearing set for Tuesday, August 4, 2015, at 8:30 A.M.

 

VOTE:  Aye-5

             Nay-0

Proposed Change Order for Greenway Project

Mr. Joe Furman, Planning Director, stated that at the March 17, 2015, Board meeting, approval was requested to negotiate a contract with Vaughn & Melton Associates to perform construction administration for the South Fork New River Greenway Extension Project.  Vaughn & Melton provided the construction administration for the Middle Fork Greenway Project.  The County was satisfied with the services provided by Vaughn & Melton.

 

Board authorization was granted to negotiate a contract with Vaughn & Melton for construction administration for the South Fork New River Greenway Extension Project.  Mr. Furman completed negotiations on the contract and recommended Vaughn and Melton for the greenway construction administration in the amount of $61,363.

 

In addition, the County received three bids for construction of the South Fork New River Greenway Extension with Greene Construction being the lowest bidder.  The Board awarded contracts to Vaughn & Melton for construction administration in the amount of $61,363 and Greene Construction in the amount of $519,298 for the greenway construction with the $324 overage to come from the County’s contingency fund if required.

 

One of the three retaining walls that were pre-approved by the North Carolina Department of Transportation (NCDOT) for the greenway project required further review.  After supplementary analysis, NCDOT is requiring a change order in the amount of $28,003.50 to make the necessary modifications to the retaining wall.  Mr. Furman has contacted NCDOT to request additional funding to pay for some or all of the change order. The schedule for this project has always been tight due to when NCDOT released the funding; any delay in considering the change order has the potential to jeopardize funding and the project. Substantial completion is needed by October 15, 2015, with December 15, 2015, as the scheduled completion date.  All state and federal money must be drawn down by the end of December 2015.  If NCDOT does not provide the additional funding the County would be responsible for the change order.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the change order from Greene Construction in the amount of $28,003.50 with funds to be appropriated from the administrative contingency in the event that NCDOT does not provide the additional funding. 

 

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

             Nay-1(Blust)

Miscellaneous Administrative Matters

A.  Request for Funds for Register of Deeds Preservation Project

 

County Manager Geouque stated that Ms. Amy Shook, Register of Deeds, had requested approval of a contract with Kofile Preservation, Inc., in the amount of $63,712.  The purpose of the contract is the preservation of twenty-five (25) deed books from 1872.  Funds for the project will come from the Automation, Preservation and Enhancement Fund which requires no County dollars to be spent.

 

Commissioner Yates, seconded by Commissioner Welch, moved to approve the contract with Kofile Preservation, Inc. in the amount of $63,712 with all funds to be paid from the Automation, Preservation and Enhancement Fund.

 

VOTE:  Aye-5

             Nay-0

 

B.  Appointment of the North Carolina Association of County Commissioners’ (NCACC) Annual Conference Voting Delegate

 

County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 20-23, 2015, in Pitt County.  Each county in attendance is required to select a voting member for representation at the annual business meeting which is conducted as a part of the conference.  Submission of the voting delegate is due August 7, 2015.

 

Commissioner Yates, seconded by Commissioner Welch, moved to appoint Chairman Hodges as the Watauga County Voting Delegate.

 

VOTE:  Aye-5

             Nay-0

 

C.  Boards and Commissions

 

Economic Development Commission

County Manager Geouque stated that two seats remained open on the Economic Development Commission.  One is a full-term 3-year seat and the other is to fill an unexpired term and will expire June 2016.  Volunteer applications were received from Mr. Rick Beasley and Ms. Anne Ward.  This is a second reading for Mr. Beasley and a first reading for Ms. Ward.

 

Commissioner Yates, seconded by Commissioner Welch, moved to appoint Mr. Rick Beasley to a 3-year term on the Economic Development Commission.

 

VOTE:  Aye-5

             Nay-0

 

Appalachian Regional Library Board

County Manager Geouque stated that the Watauga County Library Board recommended Ms. Susan Poorman be appointed to the Appalachian Regional Library Board with a term that begins in August 2015.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to waive the second reading and appoint Ms. Susan Poorman as a Watauga County representative on the Appalachian Regional Library Board.

 

VOTE:  Aye-5

             Nay-0

 

D.  Announcements

 

County Manager Geouque announced the formal addition and unveiling of Sheriff Edmisten’s (in the line of duty) name to the Watauga County Local Law Enforcement Officer’s Memorial (LLEOM) which will take place during the 2015 LLEOM services scheduled for 10:00 A.M., Saturday, July 25, 2015, at the Watauga County Sheriff’s Office located at 184 Hodges Gap Road, Boone, North Carolina.

Public Comment

The following spoke during public comment:

 

Jill Hookstrom (opposed to noise at racetrack)

Frank Packard (opposed to Town of Boone’s water intake project)

Mike Budka (submitted petition of support for the racetrack

Kelly Hathaway (junkyard and automobile graveyard complaint near Sampson Road)

Holly Andrews (supported racetrack)

Tommy Keller (supported racetrack)

David Stetter (requested more review/amends to Ordinance to Regulate High Impact Land Uses)

Travis Gosnel (requested more review/amends to Ordinance to Regulate High Impact Land Uses and downtown parking meter complaint)

Anne Ward (requested more review/amends to Ordinance to Regulate High Impact Land Uses)

 

Commissioner Kennedy stated that the County had no authority over the downtown parking meters and asked Mr. Joe Furman to clarify the County’s role in governing the racetrack.

 

Mr. Joe Furman clarified governing regulations for the racetrack located in the extra-territorial jurisdiction (ETJ) of the Town of Boone.  Towns can only enforce planning and land use regulations in ETJ areas; County ordinances under general ordinance authority affect everywhere in the County except inside the city limits of incorporated towns.  Therefore, the Town of Boone permits the racetrack; however, the County would regulate noise.

Closed Session

At 7:27 P.M., Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 7:58 P.M.

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates encouraged the Board to read a letter from the Health Department regarding medical health care for citizens.

Possible Action After Closed Session

No action was taken after closed session.

 

Adjourn

Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to adjourn the meeting at 8:00 P.M.

VOTE:  Aye-5

             Nay-0

 

Jimmy Hodges, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board