MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, AUGUST 19, 2014

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 19, 2014, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      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

 

[Clerk’s Note:  Chairman Miller was absent due to a prior commitment.]

 

Vice-Chairman Blust called the meeting to order at 5:32 P.M.

 

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

Approval of Minutes

Vice-Chairman Blust called for additions and/or corrections to the August 5, 2014, regular meeting and closed session minutes.

 

A typo was pointed out under a vote as follows:

 

“Vice-Chairman Blust, seconded by Chairman Miller, moved to approve the resolution and to direct staff to advertise the lease with final approval of the lease to be given at the August 19, 2014, Board meeting.

 

VOTE:  Aye-4(Miller, Blust, Welch, Yates)

             Nay-01(Kennedy)”

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the August 5, 2014, regular meeting minutes as amended.

 

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

             Nay-0

             Absent-1(Miller)

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the August 5, 2014, closed session minutes as presented.

 

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

             Nay-0

             Absent-1(Miller)

Approval of Agenda

Vice-Chairman Blust called for additions and/or corrections to the August 19, 2014, agenda.

 

Commissioner Yates, seconded by Commissioner Welch, moved to approve the August 19, 2014, agenda as presented.

 

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

             Nay-0

             Absent-1(Miller)

Watauga County Library Summer Reading Report

Ms. Monica Caruso, County Librarian, and Ms. Judith Winecoff, Youth Services Librarian, presented a report on the Library’s Summer Reading Program.  Ms. Caruso also announced a Community Forum to help determine future services through a recently awarded LSTA grant which will be held on Tuesday, August 26, 2014, at 6:00 P.M.

 

The report was given for information only; therefore, no action was required.

Brookshire Park Wetland and Stream Conservation Easement

Mr. Joe Furman, Planning and Inspections Director, presented a letter of intent and an easement for the Brookshire Park Wetland and Stream Conversation project.  On June 19, 2012, Blue Ridge Development Group, LLC (BRDG) was approved to develop a wetlands mitigation bank on the County-owned Brookshire property.  In addition, BRDG was to build a greenway in conjunction with the grading needed to construct the wetlands.

 

The easement requires Board approval to establish the compensatory stream and wetland mitigation banks as referenced in the previously approved contract.  The easement would be donated by the Board and held and monitored by the Watauga Soil and Water Conservation District.

 

County Attorney Eggers stated that he had reviewed the easement.  The County Attorney stated that the name of the grantee was blank due to negotiations; however, the Army Corps of Engineers has now approved the Watauga County Soil and Water District as the grantee.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the letter of intent and to approve the easement with the Watauga County Soil and Water Conservation District as the Grantee.

 

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

             Nay-0

             Absent-1(Miller)

Vehicle Bid Award Request

County Manager Geouque presented the following bids for the purchase of one (1) 2015 Subaru Outback Base 2.5i model:

 

Bidder

Original Bid

Final Bid

Modern Subaru

$24,791.00

24,567.00

Mike Brown Subaru

$24,567.00

 

Jim Armstrong Subaru

$24,677.00

 

 

Mike Brown Subaru was the lowest bidder in the amount of $24,567; however, Modern Subaru of Boone was contacted and willing to match the price of the low bid.  The total amount, including tax and tag, was $25,310.01.  Adequate funds have been budgeted to cover the expenditure.

 

Commissioner Yates, seconded by Commissioner Welch, moved to award the bid to Modern Subaru of Boone for one (1) 2015 Subaru Outback Base 2.5i in the amount of $24,567 plus $743.01 for tax and tag, for a total amount of $25,310.01.

 

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

             Nay-0

             Absent-1(Miller)

Tax Matters

A.  Annual Settlement of Tax Collector

 

Tax Administrator Warren presented the following Annual Settlement Statements for Fiscal Year 2014 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Annual Settlement Statements for Fiscal Year 2014, as presented.

 

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

             Nay-0

             Absent-1(Miller)

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the Tax Administrator’s “Oath as to Diligent Effort to Collect Taxes,” as presented.

 

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

             Nay-0

             Absent-1(Miller)

 

B.  Oath to Collect Taxes

 

Mr. Warren presented a proposed order granting authorization to collect taxes for Fiscal Year 2015.  Once approved, a sworn oath was to be administered to Tax Administrator Warren.

 

Commissioner Yates, seconded by Commissioner Welch, moved to grant authorization for Tax Administrator Warren to collect taxes for Fiscal Year 2015.

 

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

             Nay-0

             Absent-1(Miller)

Proposed Contract with Highland Mapping

Mr. Jeff Virginia, Emergency Services Director, presented a proposal for mapping with Highland Mapping, Inc., to improve the accuracy of data used in 911 calls and responses.  The proposed contract is in the amount of $20,800 which includes centerline edits, maintenance, map and wall book productions, and County Road Maps.  It is appropriate to use 911 funds which are included in the Fiscal Year 2015 budget for this project.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to enter into the contract with Highland Mapping in the amount of $20,800.

 

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

             Nay-0

             Absent-1(Miller)

Smoky Mountain Center Quarterly Reports

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

 

No action was required.

Miscellaneous Administrative Matters

A.  Oak Street Property Letter of Intent

 

County Manager Geouque presented three offers recently received for County-owned property located at 347 Oak Street, Boone, North Carolina.  Joseph Dale Greer submitted a letter of intent in the amount of $100,000 with no broker fee; Tyler Conner, Greenwheel Developing, Inc., submitted an offer to purchase and contract in the amount of $150,000; and John Winkler submitted a purchase and sale contract in the amount of $150,000 which included a 180 day due diligent period.

 

The County Manager stated that the Board originally established the selling price at $425,000 which was subsequently reduced to $210,000 after the County received a bid for $150,001 through GovDeals.  The County would have netted approximately $142,500 after commission had they accepted the GovDeals offer.  The Board rejected that bid and reduced the asking price to $210,000.

 

County Attorney Eggers stated that the Board had the discretion to negotiate an offer and stated that the upset bid process would begin at the time an offer was accepted.  The terms for all upset bids would be set by the initial accepted offer.  The Board also held the right to reject any and all offers throughout the process.

 

After discussion, Commissioner Kennedy, seconded by Commissioner Welch, moved to table further discussion regarding offers received for the County-owned property located at 347 Oak Street, Boone, North Carolina until the September 16, 2014, Board of Commissioners regular meeting.

 

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

             Nay-0

             Absent-1(Miller)

Public Hearing to Allow Citizen Comment Regarding the January 1, 2014, Elimination of the Town of Boone’s Extraterritorial Jurisdiction (ETJ)

Vice-Chairman Blust stated that a public hearing was scheduled to allow citizen comment regarding the January 1, 2015, elimination of the Town of Boone’s Extraterritorial Jurisdiction (ETJ) and declared the public hearing open at 6:06 P.M.

 

The following shared their comments:

 


·       Sandra Spach

·       PJ Ollis

·       Lee Stroupe

·       Mary Cavanaugh

·       Mary Ballard

·       Margaret Eggers

·       Bob Goddard

·       Susan Reed

·       Louis A. Zeller

·       Anita Stroupe

·       Stephanie Moody

·       Liz Riddick

·       Butch Reeves

·       Annette Reeves

·       Shelly Parsons

·       Stan Chamberlain

·       Pamela S. Gantt

·       William M. Gantt

·       Jeff Templeton

·       Bill Suter

·       Catherine Fountain

·       Matthew Mellon

·       Margaret Buck

·       Mary E. Moretz

·       Robert H. Green

·       Harvard Ayers

·       Rick Woods

 

The following where signed up to speak did not as they had either left the meeting or chose not to speak when called:

 


·       Ronna S. Harris

·       Anita Craig

·       Robert Craig

·       Patricia Hanner

·       John Volpe

·       Edward Deusham

 


Vice-Chairman Blust declared the public hearing closed at 7:02 P.M.

 

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

             Nay-0

             Absent-1(Miller)

 

Vice-Chairman Blust called a five minute recess.

 

At 7:07 P.M. Vice-Chairman Blust reconvened the meeting.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to defer the Extraterritorial Jurisdiction (ETJ) matter to the Watauga County Planning Board to be studied and looked at carefully considering future information and input to make wise decisions.

 

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

             Nay-0

             Absent-1(Miller)

Miscellaneous Administrative Matters (continued)

B.  Proposed Final Approval of the Lease with the Watauga County Arts Council

 

County Manager Geouque stated that pursuant to NCGS 160A-272, notice was given and a resolution was adopted at a regular Board of Commissioners meeting on August 5, 2014 of the Board’s intention to lease to the Watauga County Arts Council the Old New River Building located at 377 Shadowline Drive, Boone, NC 28607 for a term of five (5) years with automatic ninety (90) day renewals unless either party gives written notice no less than sixty (60) days of its intention not to renew.  The rent to be paid is one dollar ($1) per annum.

 

The County Manager stated that the lease would become effective ten (10) days after the publication of said notice and formal adoption by the Board of Commissioners.  The ten (10) day notice has been met and the lease is now ready for formal Board adoption.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the lease with Watauga County Arts Council as presented.

 

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

             Nay-0

             Absent-1(Miller)

 

C.  Proposed Architect Contract for Site Analysis at the Recreation Complex

 

County Manager Geouque stated that approval was given at the August 5, 2014, Board meeting to accept a $10,000 grant from the Appalachian District Health’s Community Transformation Grant.  The purpose of the grant was to fund a site analysis at 231 Complex Drive for a potential recreation center.

 

The County Manager presented a proposal for architectural services to conduct the site analysis from Clark and Nexsen formerly PBC+L in an amount not to exceed $10,000.  PBC+L was hired by the County to provide architectural services when previously considering a recreation complex.  Extensive work was done by PBC+L during that process.  The current proposal includes review of programing, preliminary site plan, floor evaluations, conceptual budget, and presentation to County Commissioners.

 

Based on the fact that Clark and Nexsen conducted work previously and is the most familiar with the project, staff recommends the Board approve the proposal, contingent upon County Attorney review, for an amount not to exceed $10,000.  In addition, the Board needs to exempt the project from NCGS 143-64.31 based on the project fee being less than $30,000 and Clark and Nexsen’s familiarity with the project.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to exempt the project from NCGS 143-64.31 based on the project fee being less than $30,000 and Clark and Nexsen’s familiarity with the project and to approve the Clark and Nexsen proposal in an amount not to exceed $10,000 contingent upon the County Attorney’s review.

 

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

             Nay-0

             Absent-1(Miller)

 

D.  September Meeting Schedule

 

County Manager Geouque stated that the Board has historically cancelled the first regular Board meeting in September due to the Labor Day Holiday.

 

Commissioner Welch, seconded by Commissioner Yates, moved to cancel the first regular meeting of the Board of Commissioners in September 2014.

 

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

             Nay-0

             Absent-1(Miller)

 

E.  Announcements

 

County Manager Geouque announced the following:

 

·       A public hearing will be held at 6:00 P.M. on Tuesday, September 16, 2014, to allow citizen comment on a proposed amendment to the County’s building height ordinance.

Public Comment

Phil Templeton, Barney Hodgson, and Tim Wilson left the meeting prior to their names being called.  Diana Godwin and Randy Marsh shared comments regarding the January 1, 2015, elimination of the Town of Boone’s ETJ.

Adjourn

Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 7:23 P.M.

 

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

             Nay-0

             Absent-1(Miller)

 

 

David Blust, Vice-Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board