MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 17, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 17, 2013, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Perry Yates, Commissioner
Stacy Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 5:31 P.M.
[Clerk’s Note: Vice-Chairman Blust arrived at 5:37 P.M.]
Commissioner Yates opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the August 20, 2013, regular meeting minutes.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the August 20, 2013, regular meeting minutes as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Chairman Miller tabled action for the August 20, 2013, closed session minutes until after the meeting as there were amendments to review during closed session.
Approval of Agenda
Chairman Miller called for additions and/or corrections to the September 17, 2013, agenda.
County Manager Geouque requested to the following:
· A public hearing request to allow citizen comment on the Rural Operating Assistance Program (ROAP) grant application
· A request for a letter of support for High Country Community Health
· A proposed proclamation declaring Constitution Week
· Discussion regarding the Smoky Mountain Board
Commissioner Kennedy requested to add Personnel Matters to the scheduled closed session, per G. S. 143-318.11(a)(6).
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the September 17, 2013, agenda as amended.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
Intergovernmental Retreat Discussion
Mr. Phil Trew, High Country Director of Planning, requested direction from the Board on how to proceed with future Intergovernmental Retreats. Mr. Trew has been made aware of the dissatisfaction with the retreats as presently conducted. Mr. Trew requested the Board appoint two elected officials to serve on a committee consisting of elected officials from each of the entities currently involved in the retreats. This committee would then meet with a professional facilitator to review and recommend changes to the retreat process. Mr. Trew stated that any costs, which were estimated to be up to $3,000, associated with the professional facilitator would be at the expense of the entities involved.
Commissioner Yates, seconded by Commissioner Welch, move to appoint Chairman Miller and Commissioner Kennedy to serve as the Watauga County representatives on the committee to review the Intergovernmental Retreat.
VOTE: Aye-5
Nay-0
Sheriff’s Office Matters
A. Out-of-State Travel Request
Captain Al Reed requested approval for Detective Patrick Anderson to attend the NPLEX leadership conference in Louisville, Kentucky October 28-30, 2013. Associated costs that would be incurred by the County would be for meals, fuel, and personnel time.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the out-of-state travel request as presented by Captain Reed.
VOTE: Aye-5
Nay-0
B. Vehicle Bid Requests
Captain Redmon presented vehicle prices for six (6) new Ford all-wheel drive police interceptor SUVs in the amount of $25,146 each for a total cost of $150,876, and one (1) new Ford all-wheel drive police interceptor sedan in the amount of $26,005. The total amount for the purchase of all seven (7) vehicles was to be $182,229.43 ($176,881 for the vehicles and $5,348.43 for taxes and tags). Adequate funds were budgeted to cover the cost of the vehicles which were at the State contract price from Capital Ford. Captain Redmon stated that he would bring an additional bid for equipment and installation at a future meeting.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the state contract price from Capital Ford for the purchase of six (6) new Ford all-wheel drive police interceptor SUVs and one (1) new Ford all-wheel drive police interceptor sedan in the amount of $176,881 plus $5,348.43 for taxes and tags for a total purchase amount of $182,229.43.
VOTE: Aye-5
Nay-0
Green Valley Community Park, Inc., Request for Amendments In Tourism Development Authority Grants
The North Carolina Department of Transportation (NCDOT) Recreation Trails Program awarded the Watauga County Tourism Development Authority a grant in the amount of $75,000 to develop a river access on Pine Run Road and a walking trail at Green Valley Community Park. In conjunction with that grant the County approved an encroachment agreement with NCDOT for the Pine Run Road portion in June of 2012. Based on conversations with NCDOT, the encroachment was still valid and the Department was awaiting direction as to the status of the project. Since the grant application was submitted, the Watauga County Tourism Development Authority Board chose to not accept the grant award and, therefore, not provide the matching funds required for the grant.
Ms. Janice Carroll stated that the Board of Directors of Green Valley Community Park, Inc. planned to vote on whether to request the NCDOT to transfer the grant award to Green Valley Community Park, Inc. If the transfer was requested and approved, Green Valley Community Park would be responsible for the completion of both projects (the Pine Run Road access and the walking trail at the park) as well as the required matching funds. Ms. Carroll requested the County transfer the encroachment for the Pine Run Road access with the NCDOT to Green Valley Community Park, Inc. The Watauga County Tourism Development Authority submitted a letter to the County supporting Green Valley Community Park’s efforts to transfer the grant award.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the transfer of the County’s encroachment agreement with the North Carolina Department of Transportation (NCDOT) for the Pine Run Road portion of the project as presented.
VOTE: Aye-5
Nay-0
Social Services’ Out-of-State Travel Request
Mr. Jim Atkinson, Social Services Director, requested Board approval for out-of-state travel for Ms. Samantha Miller to attend the Annual National Adult Protective Services Association (NAPSA) Conference in St. Paul, Minnesota from October 1-4, 2013. Ms. Miller applied for and received a scholarship to attend the conference. The scholarship pays for all expenses associated with the conference and, therefore, the only expense to the County was Ms. Miller’s time while at the conference.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the out-of-state travel request for Ms. Samantha Miller to attend the Annual National Adult Protective Services Association Conference as requested.
VOTE: Aye-5
Nay-0
Request to Apply for a Grant From The Foundation for Rural Service
Mr. Richard Boylan, Cooperative Extension’s Area Specialized Agent for Agriculture, requested authorization to apply to the Foundation for Rural Service Grant Program. The grant would be utilized to purchase a digital scale/portable head gate for shared use by the Watauga County cattlemen and as an educational tool for the Livestock Agent’s programming. Total cost for the equipment would be $8,000. Mr. Boylan also requested $4,000 in County matching funds by proposing to use unspent funds set aside for the multiflora rose program for the $4,000 match. Mr. Hamilton planned to have the Blue Ridge Seeds of Change act as the fiscal agent.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the grant application and to reallocate the $4,000 local match from the multiflora rose program fund as requested.
VOTE: Aye-5
Nay-0
Rural Operating Assistance Program (ROAP) Hearing Request- AppalCART
Mr. Chris Turner, AppalCART Director, requested a public hearing be scheduled in October to allow citizen comment on the Rural Operating Assistance Program (ROAP) grant application for FY 2014. Mr. Turner stated that the final deadline for the grant application was October 18 and, therefore, requested the public hearing be held at the first meeting in October to allow for timely submission of the application.
County Manager Geouque stated that the Board typically scheduled public hearings for the second meeting of the month; however, historically, no speakers have signed up for the public hearing on this topic and, therefore, staff recommended scheduling the public hearing for the October 1, 2013, meeting as well.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to schedule a public hearing on October 1, 2013, at 9:00 A.M. to allow citizen comment on the Fiscal Year 2014 Rural Operating Assistance Program grant application.
VOTE: Aye-5
Nay-0
High Country Community Health
Ms. Alice Salthouse, Chief Executive Officer of High Country Community Health, requested the Board adopt a letter of support for the High Country Community Health to apply for a USDA loan to purchase office space. High Country Community Health was in the process of purchasing a space near the hospital. Currently, High Country Community Health is located in space leased from the Health Department; however, High Country Community Health was informed by the federal government that the space would not allow for financial stability.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the letter of support for High Country Community Health as presented.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on the Following:
A. Watauga County Library’s Request to Name A Meeting Room In Memory of Ms. Evelyn Johnson
Vice-Chairman Blust, seconded by Commissioner Welch, moved to declare the public hearing open at 6:35 P.M. to allow citizen comment on Watauga County Library’s request to name a meeting room in memory of Ms. Evelyn Johnson.
VOTE: Aye-5
Nay-0
The following individuals addressed the Board in support of naming the meeting room after Ms. Johnson:
Ms. Monica Caruso, Watauga County Librarian stated that Ms. Johnson, who passed away in January 2013, had worked for the Watauga County Library for over 30 years and had often coordinated functions held in the meeting room for which the naming request was made.
Ms. Dot Baker, former Library Board member and current Library volunteer, stated that she followed Ms. Johnson’s career and believed naming the meeting room in her memory was very appropriate.
There being no further public comment, Chairman Miller declared the public hearing closed at 6:37 P.M.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the application to name the Watauga County Library meeting room in memory of Ms. Evelyn Johnson as requested.
VOTE: Aye-5
Nay-0
B. Proposed Amendments to the Ordinance to Regulate Signs in Watauga County
Vice-Chairman Blust, seconded by Commissioner Yates, moved to declare the public hearing open at 6:40 P.M. to allow citizen comment on proposed amendments to the Ordinance to Regulate Signs in Watauga County.
VOTE: Aye-5
Nay-0
Ms. Susie Winters addressed the Board supporting the prohibition of billboards.
There being no further public comment, Chairman Miller declared the public hearing closed at 6:42 P.M.
Mr. Joe Furman, Planning and Inspections Director, stated that the proposed amendments were developed by the Planning Board and staff per Commissioner request to afford signage for agritourism and similar businesses, to clarify language regarding campaign signs, and to regulate, rather than prohibit, off premises signage. Mr. Ric Mattar, Planning Board Chairman, stated that the proposed new wording found in Sections J.4 and L.2.d was required by changes in the North Carolina Statutes.
After discussion, Vice-Chairman Blust, seconded by Commissioner Yates, moved to adopt the amended Ordinance to Regulate Signs in Watauga County as presented.
VOTE: Aye-3(Miller, Blust, Yates)
Nay-2(Kennedy, Welch)
C. Proposed Amendments to the Following Ordinances:
1. Foscoe-Grandfather Community Zoning Ordinance
2. Valle Crucis Historic District Ordinance
3. Ordinance to Regulate Electronic Access Gates for Gated Communities
4. Ordinance to Regulate Wireless Communications Towers
5. Water Supply Watershed Protection Ordinances
Vice-Chairman Blust, seconded by Commissioner Welch, moved to declare the public hearing open at 6:52 P.M. to allow citizen comment on proposed amendments to the following: Foscoe-Grandfather Community Zoning Ordinance, Valle Crucis Historic District Ordinance, Ordinance to Regulate Electronic Access Gates for Gated Communities, Ordinance to Regulate Wireless Communications Towers, and the Water Supply Watershed Protection Ordinance.
VOTE: Aye-5
Nay-0
Mr. Joe Furman, Planning and Inspections Director, stated that the amendments to the various ordinances were mandated due to the changes in the North Carolina General Statutes and also included grammatical corrections.
There being no public comment, Chairman Miller declared the public hearing closed at 6:53 P.M.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the proposed amendments to the following as presented: Foscoe-Grandfather Community Zoning Ordinance, Valle Crucis Historic District Ordinance, Ordinance to Regulate Electronic Access Gates for Gated Communities, Ordinance to Regulate Wireless Communications Towers, and the Water Supply Watershed Protection Ordinance.
VOTE: Aye-4(Miller, Blust, Welch, Yates)
Nay-1(Kennedy)
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of August 2013. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the following Refunds and Releases for August 2013 for Board approval:
TO BE TYPED IN MINUTE BOOK
Chairman Miller, seconded by Vice-Chairman Blust, moved to recuse Commissioner Yates from voting as his business was listed on the report.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for August 2013, as presented.
VOTE: Aye-4
Nay-0
Recused-1(Yates)
Proposed Proclamation Declaring Constitution Week
Chairman Miller presented a proposed proclamation declaring September 17-23, 2012, as Constitution Week in Watauga County.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
Discussion Regarding the Smoky Mountain Center Board of Trustees
Commissioner Kennedy, Watauga County representative on the Smoky Mountain Center Board of Trustees, shared that the Smoky Mountain Center Board planned to reconstitute their Board which would result in the loss of most Board of Commissioner representatives on their Board, including Watauga County’s seat.
After lengthy discussion Commissioner Yates, seconded by Vice-Chairman Blust, moved to direct the County Manager to draft a letter for the Chairman’s signature stating that Watauga County opposed the consolidation of the Smoky Mountain Center Board of Trustees and opposed that there would not be Watauga County representation on that Board.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Proposed Buyer Agency Agreement & Commission Agreement
County Manager Geouque presented a proposed Buyer Agency Agreement and Commission Agreement related to the sale of the old Watauga High School Property. The Buyer Agency Agreement was between Scott Sullivan and Chip Kassinger (Buyers) and Wright Properties, Elliot Wood, and Edward Chapman (the Firm). The Commission Agreement would secure a 5% commission for the Firm (Wright Properties, Elliot Wood, and Edward Chapman) in the event that they brought a successful offer for the sale of the old high school property.
The County Manager stated that the Firm did not plan to bring an offer for sale on the property until the Commission Agreement was approved. The County had not received a signed Buyer Agency Agreement for the above parties. Should the Board desire to approve the Commission Agreement, staff recommended that approval not be given until a signed Buyer Agency Agreement was received.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the Commission Agreement contingent upon the receipt of a fully-executed Buyer Agency Agreement in the same format as the one presented.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-1(Yates)
B. Proposed Bethel Convenience Center Lease Agreement
County Manager Geouque stated that the current lease for the Bethel Convenience Center expired in August 2013. Staff had been working with the owners, Barbara Harmon and Roger Harmon, to negotiate a new lease for the site. As the previous agreement was for $200 per month for twenty (20) years, the Harmon’s requested an increase to $400 per month. Staff was able to negotiate an incremental increase of $300 for the first five (5) years; $325 for the second five (5) years; $350 for the third five (5) years; and $375 for the fourth and final five (5) years. The County Manager stated that the County Attorney had reviewed and approved the lease. Staff recommended approval of the lease as presented with additional funds to come from the retained earnings of the solid waste fund if the increase cannot be accommodated within the existing budget or the recognition of additional revenues to cover the increased cost.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the lease agreement as presented and recommended by staff.
VOTE: Aye-5
Nay-0
C. Boards & Commissions
County Manager Geouque stated that one ETJ Alternate position remains to be filled on the Town of Boone Board of Adjustment. Recommendations have not been received from the Town at this time.
County Manager Geouque stated that Mr. Gary Childers’ term to the Caldwell Community College and Technical Institute Board expired June 30, 2013. Mr. Childers has expressed his willingness to continue serving if reappointed. Mr. Lowell Younce also submitted an application expressing interest in serving on the Caldwell Community College and Technical Institute Board.
Chairman Miller tabled consideration of the Caldwell Community College and Technical Institute Board position until the October 1, 2013, meeting.
County Manager Geouque stated that the Voluntary Farmland Preservation Program Advisory Board had recommended the appointment of Mr. Andrew Ellis to their Board.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to waive the first reading and appoint Mr. Andrew Ellis to the Voluntary Farmland Preservation Program Advisory Board.
VOTE: Aye-5
Nay-0
D. Announcements
County Manager Geouque stated that the Trustees of Caldwell Community College and Technical Institute invited the Board to a joint meeting on Wednesday, September 18, 2013, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass in Room 112.
County Manager Geouque stated that the Hunger and Health Coalition invited Board members to join their First Annual Homecoming Run for Hunger on October 12, 2013, at 9:00 A.M. The 5K run/walk would benefit the Hunger and Health Coalition.
The Meat Camp Volunteer Fire Department invited the Board to attend their Ribbon Cutting Ceremony and Open House for their new fire station on Sunday, September 22, 2013, from 2:00-4:00 P.M.
County Manager Geouque stated that the Watauga County Economic Development Commission requested a joint meeting with the Board of Commissioners.
Commissioner Yates moved to direct the County Manager and Mr. Joe Furman, Economic Development Director, to present potential meeting dates. Commissioner Yates’ motion died due to the lack of a second.
By consensus, the Board agreed to include a joint meeting with the Watauga County Economic Development Commission at the end of the October 1, 2013, regular meeting agenda.
Public Comment
There was no public comment.
Closed Session
At 7:30 P.M., Commissioner Kennedy, seconded by Commissioner Yates, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 8:11 P.M.
VOTE: Aye-5
Nay-0
Action After Closed Session
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the August 20, 2013, closed session minutes as amended.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Vice-Chairman, moved to adjourn the meeting at 8:11 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board