MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 16, 2016
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, February 16, 2016, 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 5:30 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the February 2, 2016, regular meeting minutes.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the February 2, 2016, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the February 16, 2016, agenda.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the February 16, 2016, agenda as presented.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on the Closeout of Community Development Block Grant (CDBG) Scattered Site Housing Program #12-C-2431
A public hearing was held for the close out of the Community Development Block Grant (CDBG) Scattered Site Housing Rehabilitation Program #12-C-2431.
Chairman Hodges called the public hearing to order at 5:32 P.M.
Ms. Michelle Ball with High Country Council of Governments reviewed the timeline of the grant and the homes that received funding for repairs.
There being no public comment, Commissioner Yates, seconded by Vice-Chairman Blust, moved to declare the public hearing closed at 5:37 P.M.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the close-out of Community Development Block Grant Scattered Site Housing Program #12-C-2431.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on Proposed Amendments to the Ordinance to Regulate Wireless Communication Towers in Watauga County Including the Title Change to: The Watauga County Wireless Telecommunications Ordinance
A public hearing was held to consider proposed amendments to the Ordinance to Regulate Wireless Communication Towers in Watauga County including the title change to: the Watauga County Wireless Telecommunications Ordinance. The amendments are recommended by the Planning Board. The new ordinance is modeled after the North Carolina League of Municipalities version and incorporates federal and state law and court cases. The new ordinance would allow for greater height in some cases to encourage concealed wireless technology and increase collocation.
Mr. Furman proposed three additional amendments to the proposed ordinance as follows:
· Adding: III(C)(6) New and existing wireless support structures and facilities owned by governmental agencies and designed for non-commercial emergency communications.
· Changing ten (10) calendar days to fourteen (14) calendar days under IV(D)(1)(a).
· Changing Variance to Special Use Permit under VI(C)(1)
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to call the public hearing to order at 5:38 P.M.
VOTE: Aye-5
Nay-0
There being no public comment, Vice-Chairman Blust, seconded by Commissioner Welch, moved to declare the public hearing closed at 5:45 P.M.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the Watauga County Wireless Telecommunications Ordinance as present by Mr. Joe Furman.
VOTE: Aye-5
Nay-0
Proposed Landlord Letter of Consent Between High Country Community Health and Appalachian District Health Department
On behalf of Ms. Alice Salthouse, High Country Community Health C.E.O; County Manager Geouque requested authorization of the submittal of a grant to expand current dental operations at the Watauga County Health Department facility. The grant deadline was prior to the Board meeting; therefore, staff authorized the submittal of the application contingent upon Board approval. Board action is required to approve the submittal of the grant; therefore, should the Board wish to decline the submittal, staff will request High Country Community Health withdraw the application.
County Manager Geouque stated that, should the grant be awarded, a request for acceptance of the grant would be presented to the Board for approval.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the submission of the grant as presented by the County Manager.
VOTE: Aye-5
Nay-0
Smoky Mountain Center Quarterly Report
County Manager Geouque presented the Smoky Mountain Center Quarterly Financial Report as required by Statute. This report was given for information only with no action neither required nor taken.
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of January 2016. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the Refunds and Releases Report for January 2016 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Refunds and Releases Report for January 2016, as presented.
VOTE: Aye-5
Nay-0
Commissioner Discussion
Per Commissioner request, discussion was held regarding the recent Board of Adjustment ruling regarding the asphalt plant permit for Hampton/Maymead.
Commissioner Welch requested legal guidance regarding the recent ruling stating that he had received emails from those in support of and against the ruling. Chairman Hodges deferred to the County Attorney.
County Attorney Eggers stated that the Board of Adjustment had concluded the second of two recent hearings.
In the first hearing the Board of Adjustment ruled with Planning staff that the Appalachian Materials permit for an asphalt plant be denied. The ruling was appealed to the Superior Court.
In the second hearing the Board of Adjustment ruled against Planning staff stating that the Hampton/Maymead permit would be upheld. The County Attorney stated that following the written decision of the Board of Adjustment, the Board of Commissioners could appeal the decision to the Superior Court but it would be premature to do so at this time. Appeals could be made, if so desired, within thirty days of the receipt of a written decision by the Board of Adjustment. If appealed at the appropriate time, the Superior Court would only review the legality of the hearing such as errors of law or arbitrary and capricious judgment.
County Attorney Eggers stated that he could give legal advice in closed session.
Miscellaneous Administrative Matters
A. March Meeting Schedule
County Manager Geouque stated that due to One-Stop Voting and the Primary, the Board of Elections will be using the Commissioners’ Board Room from March 3 – March 16. This includes the second regularly scheduled Commissioners meeting in March.
Staff recommended cancelling the second meeting in March or rescheduling it for Thursday, March 17, 2016, at 5:30 P.M.
County Attorney Eggers suggested keeping the meeting scheduled in case any action was needed in regards to the Board of Adjustment’s recent ruling and then cancelling the meeting if it was not needed.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to reschedule the March 15, 2016, regular meeting to Thursday, March 17, 2016, at 5:30 P.M.
VOTE: Aye-5
Nay-0
B. Announcements
County Manager Geouque announced the following:
· The Annual Pre-Budget Retreat will be held on Monday, February 22, 2016, beginning at 12:00 P.M. and continued on Tuesday, February 23, 2016, beginning at 9:00 A.M. in the Commissioners’ Board Room.
· A public hearing is scheduled at 6:00 P.M. on March 3, 2016, in the Large Courtroom at the Watauga County Courthouse to receive public comments regarding the requested modification of the air permit for Maymead Materials, Inc.’s 421 Recycling Yard in Boone, North Carolina.
Public Comment
The following shared their comments regarding the recent Board of Adjustment hearing ruling:
Susie Winters
Leigh Ann Henion
Andrew Hayslip
Diane Warman Blanks
Glenn Williams
Mandy Anongrier
Hailey Dellinger
Dominic Dixon
David Sengel
Sue Counts
Natalie Foreman and daughter, Anna
Diane Tilson
Cherie Smith
Lynn Doyle
Chip Williams
Anne Ward
John Callahan
Karen Norris
Carolyn Henion
Closed Session
At 7:10 P.M., Commissioner Kennedy, seconded by Commissioner Welch, 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 Commissioner Welch, moved to resume the open meeting at 7:53 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 7:53 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board