• Watauga County Board of Commissioners

 

MINUTES

 

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JUNE 28, 2011

 

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 28, 2011, at 5:00 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:       Nathan A. Miller, Chairman

                                                David Blust, Vice-Chairman

                                                Jim Deal, Commissioner

                                                Tim Futrelle, Commissioner

                                                Vince Gable, Commissioner

                                                Four Eggers, County Attorney

                                    Robert E. Nelson, Jr., County Manager

                                    Deron Geouque, Deputy County Manager

                                                Anita J. Fogle, Clerk to the Board

 

            Chairman Miller called the meeting to order at 5:06 P.M.

 

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

 

APPROVAL OF MINUTES

 

            Chairman Miller called for additions and/or corrections to the June 7, 2011, regular and closed session minutes.

 

            Commissioner Gable, seconded by Vice-Chairman Blust, moved to approve the June 7, 2011, regular meeting minutes as presented.

 

VOTE:   Aye-5

              Nay-0

 

            By consensus, the Board agreed to table consideration of the June 7, 2011, closed session minutes until after closed session to allow for review of proposed amendments.

 

APPROVAL OF AGENDA

 

            Chairman Miller called for additions and/or corrections to the June 28, 2011, agenda.

 

            Chairman Miller stated that the following items had been requested for addition to the agenda:  a Drug Treatment Court Funding Request and an Emergency Management Grant Application Request both under Miscellaneous Administrative Matters; and the addition of a presentation immediately following the approval of the agenda.

 

            Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the June 28, 2011, agenda as amended.

 

VOTE:   Aye-5

              Nay-0

 

PRESENTATION OF RESOLUTION TO HONOR COUNTY MANAGER ROBERT E. "ROCKY" NELSON, JR.

 

            Chairman Miller read a resolution honoring County Manager Nelson, upon his retirement, for his 34 years of service to Watauga County.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to adopt the resolution as presented.

 

VOTE:   Aye-5

              Nay-0

 

BOARD OF EDUCATION REQUEST FOR SET ASIDE FUNDS

 

Ms. Deborah Miller, Board of Education Chair, and Ms. Ly Marze, Watauga County Schools' Finance Director, requested that the County release $360,000 in funds that were placed in contingency in the Fiscal Year 2012 County Budget.  Ms. Marze stated that the transferred funds would be allocated to current expenses to offset the gap left by the State funding shortfall.

 

After brief discussion, Commissioner Deal, seconded by Commissioner Futrelle, moved to release $360,000 to the Board of Education to be used for current expenses in the FY 2011-2012 budget as requested.

 

VOTE:   Aye-5

              Nay-0

 

FINANCE MATTERS

 

A.        Budget Amendments – Ms. Margaret Pierce reviewed the following budget amendments:

 

Account #              Description                                                              Debit                  Credit

103300-345000     Elderly & Disabled Transportation Assist.             $4,500

105890-469846     Elderly & Disabled Trans. Grant – WOI                                          $4,500

143300-345000     Elderly & Disabled Transportation Assist.                                        $4,500

145310-469845     Elderly & Disabled Transportation Grant               $4,500

 

The amendment reallocated Elderly and Disabled Transportation grant funds per the Program's request.  Funds would be transferred to match the needs of the program.

 

Account #              Description                                                              Debit                  Credit

293270-312009     Occupancy Tax Revenue                                                               $37,500

294140-449900     Administrative Fee                                                   $375

294140-469900     Payment to the Watauga County TDA                $37,125

 

The amendment recognized additional occupancy tax revenues estimates above budgeted amount and payment due to Watauga County District U Tourism Development Authority and Watauga County for statutory administrative collection fees.

 

Account #              Description                                                              Debit                  Credit

103341-349201     Watauga Naturally Conference Fees                                                $2,686

104920-463000     Economic Development                                        $2,686

 

The amendment recognized sponsorships, fees paid by attendees, and grant revenue received to offset expenditures for the Watauga Naturally Conference hosted by the Watauga County Economic Development Commission.

 

Account #              Description                                                              Debit                  Credit

103300-341200     NCACC Wellness Grant                                                                 $5,000

104199-449902     NCACC Wellness Grant                                      $5,000

 

The amendment recognized grant funds received from the North Carolina Association of County Commissioners (NCACC) to promote employee health and wellness.

 

Account #              Description                                                              Debit                  Credit

103991-399101     Fund Balance Appropriation                                                        $399,276

104199-418300     Retirees Post-Employment Costs                      $399,276

 

The amendment transferred funds for the Irrevocable Trust Agreement for post-employment benefits currently held in the reserved fund balance.

 

Account #              Description                                                              Debit                  Credit

103839-384000     Donations                                                                                    $322,755

104287-457001     Capital Outlay - Building                                   $322,755

 

The amendment recognized donations of partial construction costs for the bathroom building at Brookshire Soccer.  Appalachian State University paid for the bulk of the construction and then donated the building to the County for public use.

 

Account #              Description                                                              Debit                  Credit

103839-384000     Donations                                                                                      $75,000

104283-457000     Capital Outlay - Land                                         $75,000

 

The amendment recognized the donation of land for a park area off Hwy 321 at the Old Watauga River Road.

 

Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:    Aye-5

               Nay-0

 

B.         Proposed Resolution and Agreement for Deposit Accounts – Ms. Pierce presented agreements from BB&T and RBC financial institutions, authorizing the accounts, and the accompanying signature cards which designated signatory authority.  The signatory designation was required due to the retirement of County Manager Nelson.  Mr. Nelson's name was to be removed from the accounts and Deron Geouque, as incoming County Manager, was to be added effective July 1, 2011.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the BB&T and RBC agreements and signatory designations as presented by Ms. Pierce, effective July 1, 2011.

 

VOTE:    Aye-5

               Nay-0

 

REQUEST TO SCHEDULE A PUBLIC HEARING TO ALLOW COMMENT ON PROPOSED AMENDMENTS TO THE WATAUGA COUNTY ANIMAL CARE & CONTROL ORDINANCE

 

Deputy County Manager Geouque stated that, due to the pending agreement with the Watauga Humane Society for care of animals as processed by the Watauga County Animal Care and Control Department, changes to the Animal Care and Control Ordinance were necessary.  The Deputy County Manager presented the proposed amendments to the ordinance, including a request from Sheriff Hagaman, and requested a public hearing be scheduled on July 12, 2011, to allow public comment on the proposed changes.

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to schedule a public hearing to begin at 6:00 P.M. during the July 12, 2011, regular meeting.

 

VOTE:    Aye-5

               Nay-0

 

PROPOSED OFFER TO PURCHASE OLD HIGH SCHOOL PROPERTY

 

County Manager Nelson presented an offer to purchase the old high school property. The offer, from Miller Properties, Inc., was in the amount of $10,000,000.  Several contingencies were contained in the offer including an expiration date of August 3, 2011; a high water reserve; and a request for County and Town taxes to be forgiven for five years.

 

            County Attorney Eggers stated that the North Carolina Constitution did not allow tax abatements.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to reject the offer submitted by Miller Properties, Inc., as currently written.

 

VOTE:    Aye-5

               Nay-0

 

            County Manager Nelson stated that Lincoln Harris was awaiting a response to their offer on the same property which was to be forthcoming upon the County receiving the appraisal of said property sometime around the first of July.

 

            Chairman Miller directed the County Manager to add, for discussion and further review, the Lincoln Harris and Miller Properties, Inc., offers to the July 12, 2011, regular meeting agenda.

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Discussion of License Plate Agency Lease – County Manager Nelson stated that, during discussions regarding Courthouse security, the relocation of several County services and departments had been considered.   As a part of the reorganization of space, it could be possible for the License Plate Agency to move into County-owned space.

 

County Attorney Eggers stated that the current lease with Vetro Holdings, Inc., for the License Plate Agency office space would automatically renew for an additional two years without a ninety-day notice of cancellation.  With the lease due to expire October 2, 2011, the County would need to notify Vetro Holdings, Inc., by July 1, 2011, if the County planned to relocate the License Plate Agency prior to October 2013.  The County Attorney reported that Mr. Vetro had indicated that he would entertain a month-to-month lease after the October 2nd expiration if the space was not otherwise committed for occupancy.

 

            Commissioner Gable also requested official recusal from discussion of this item as he had a vested interest in the property currently being leased from Vetro Holdings, Inc.

 

            Commissioner Deal, seconded by Commissioner Miller, moved to allow Commissioner Gable to formally abstain from discussions and actions taken regarding the County lease with Vetro Holdings, Inc.

 

VOTE:    Aye-5

               Nay-0

 

            County Manager Nelson stated that Mr. Joe Furman, Director of Planning and Inspections, was willing to consolidate office space due to the downturn in the economy and the fact that fewer inspectors were currently employed.  The County Manager stated that this would allow for the possibility of moving the License Plate Agency into the West Annex building.  However, in accordance with the NC Division of Motor Vehicles contract which allows for the County's operation of the License Plate Agency, State approval of the location and the dedication of ten parking spaces were required.

 

            Vice-Chairman Blust, seconded by Commissioner Deal, moved to direct the County Attorney to give an official notice of cancellation, by July 1, 2011, to Vetro Holdings, Inc., for the office space currently occupied by the License Plate Agency.

 

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

               Nay-0

               Abstain-1(Gable)

 

B.         Discussion Regarding Use of Space in the Appalachian Enterprise Center – County Manager Nelson stated that previous discussions regarding a Courthouse security plan involved the Sheriff's request to relocate his Civil Division to the Courthouse.  In order to allow that move, discussion had been held regarding the use of some of the space at the Appalachian Enterprise Center for County offices.

 

The County Attorney has reviewed the County's lease with the Committee of 100 for the Appalachian Enterprise Center (AEC) and indicated that the lease could be cancelled with a six-month notice.  Watauga County Economic Development Commission had submitted a letter advocating for continued use of this building as an incubator for small businesses.

 

            By consensus, the Board agreed to schedule a work session for July 13, 2011, from 4:00 P.M. to 6:00 P.M. in the Commissioners Conference Room to allow for the review of space needs for County departments.

 

C.        Appointment of the Watauga County Tax Assessor/Administrator/Collector – County Manager Nelson stated that the Tax Administrator was completing a four-year term on June 30, 2011.  The Tax Administrator could be reappointed for a four-year term.  The Manager recommended the re-appointment of Mr. Kelvin Byrd for a four-year term at an annual salary of $99,571.55 beginning July 1, 2011.

 

            Commissioner Gable, seconded by Vice-Chairman Blust, moved to reappoint Kelvin Byrd as the Watauga County Tax Administrator for a four-year term and an annual salary of $99,571.55 to be effective July 1, 2011.

 

VOTE:    Aye-5

               Nay-0

 

D.        Boards and Commissions – County Manager Nelson stated that Bethel Elementary School had nominated Daniel Lawrence to serve as their representative on the Watauga County Recreation Commission. 

 

            Vice-Chairman Blust, seconded by Commissioner Gable, moved to waive the first reading and appoint Daniel Lawrence to the Watauga County Recreation Commission as the Bethel Elementary School representative.

 

VOTE:    Aye-5

               Nay-0

 

E.         Announcements – County Manager Nelson announced the Town of Boone's Independence Day celebration schedule.

 

County Manager Nelson announced that Avery County had invited the Board to attend its 100th Year Anniversary celebration scheduled for Saturday, July 30, 2011, at 11:00 A.M.

 

County Manager Nelson announced that the North Carolina Association of County Commissioners' (NCACC) 104th Annual Conference was scheduled for August 18-21, 2011, in Concord with the deadline for early registration, at a reduced rate, being July 22nd.

 

County Manager Nelson announced that Watauga County ranked 7th in the State in recycling totals for Fiscal Year 2010.

 

            F.         Drug Treatment Court Funding Request – Mr. Charlie Byrd, Assistant DA, spoke in support of Drug Treatment Court program.  Mr. Byrd stated that the program identified high risk individuals and gave them the option of attending Drug Treatment Court or being locked up.  Mr. Byrd stated the local Drug Treatment Court has had 59 participants which offered many success stories including the fact that none of the program graduates had been charged with new crimes.

 

            Ms. Melissa Johnson with Mediation and Restorative Justice Center, Inc., stated that State funding for the Drug Treatment Court program had been cut.  Ms. Johnson stated that the Mediation Center was willing to house the Drug Treatment Court position and associated functions; therefore, Ms. Johnson requested $35,000 in County funding to cover the costs associated with the program and personnel for one year.  The funding would allow for time to submit applications for grants that were available to fund the program.

 

            Commissioner Gable, seconded by Commissioner Futrelle, moved to allocate $35,000, from the County's Administrative Contingency Fund, to Mediation and Restorative Justice Center, Inc., to be used for the Drug Treatment Court program.

 

VOTE:    Aye-5

               Nay-0

 

            County Manager Nelson stated that Mediation and Restorative Justice Center, Inc., should submit the same forms to his office as required by other non-profit organizations requesting County funding.

 

            G.        Emergency Management Grant Application Request – Mr. Steve Sudderth stated that the County had the opportunity to apply for a grant to fund an active shooter exercise with no required local match or costs to the County.  The grant was through North Carolina Emergency Management and the estimated cost associated with the exercise was approximately $26,708.80.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to authorize the grant application to North Carolina Emergency Management for the active shooter exercise as presented by Mr. Sudderth with no cost to Watauga County.

 

VOTE:    Aye-5

               Nay-0

 

PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED WATAUGA COUNTY WATERSHED PROTECTION ZONING ORDINANCE AMENDMENTS

 

Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on proposed amendments to the Watauga County Watershed Protection Zoning Ordinance.

Chairman Miller declared the public hearing open at 6:14 P.M.

 

            Mr. Joe Furman, Planning and Inspections Director, reviewed the proposed amendments to the ordinance.  As shown below, the word "may" replaced with "shall" and the General Statute reference was removed as it no longer was a verbatim excerpt due to the General Statute having been amended since the original adoption of the ordinance

 

"Section 104.  Applicability To Agricultural Uses.

These regulations may This ordinance shall not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to the regulations.  Bona fide farm purposes include the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural produce having a domestic or foreign market.  (NCGS 153A-340)"

 

            Mr. Furman also stated that, if adopted, the amended ordinance was subject to approval by the North Carolina Department of Environment and Natural Resources.

 

There being no public comment, Chairman Miller declared the public hearing closed at 6:16 P.M.

 

Commissioner Deal, seconded by Vice-Chairman Blust, moved to adopt the Watauga County Watershed Protection Zoning Ordinance as amended.

 

VOTE:    Aye-5

               Nay-0

 

PUBLIC COMMENT

 

There was no public comment; however, Commissioners made the following comments:

 

            Chairman Miller stated that he was disappointed in the Town of Boone's action regarding Extra-Territorial Jurisdiction (ETJ) representative appointments to the Town's Planning Commission and Board of Adjustment.  Chairman Miller stated that he was looking at different options and requested that Deputy County Manager Geouque provide relevant information regarding changing sales tax revenue distribution to determine a course of action.

 

            Commissioner Gable agreed with Chairman Miller and asked the County Attorney to research to see if options were available for the County to challenge the Town's actions.  Commissioner Gable also stated that the County was challenged in the tax base and asked the County Attorney to explore legal actions.

 

            Commissioner Deal requested that the Board of Commissioners ask to meet with representatives of the Town of Boone for civil discourse to bridge the divide prior to legal action.  Commissioner Deal stated he did not agree with the Town's actions either; however, he hoped that both Boards would make attempts to settle the dispute as both would be spending citizens' money if battling over the issue.

 

            Commissioner Gable stated that he and Chairman Miller attended the Town of Boone's public hearing regarding their change in procedure for the appointment of ETJ representatives and the Town was not receptive at all; however, he was willing to meet with Town representatives prior to taking action.

 

            Vice-Chairman Blust agreed that the Board should meet and discuss the issue with the Boone Town Council.

 

            Commissioner Futrelle stated that all Board members wanted resolution and needed mediation and, therefore, asked the Deputy County Manager to schedule a joint meeting with the Boone Town Council.

 

            Commissioner Deal suggested using a facilitator possibly from the UNC School of Government for the joint meeting as had been done in the past when the Town and County had differing opinions.

 

            Chairman Miller stated that he was not opposed to mediation, but still wanted to know the options available to the County.

 

            By consensus, the Board agreed to direct the Deputy County Manager to contact the Town Manager to see if the Boone Town Council was willing to meet with the County regarding the issue of ETJ representative appointments to the Town of Boone Boards and Commissions with a facilitator present.

 

CLOSED SESSION

 

            At 6:26 P.M., Commissioner Deal, 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

 

Vice-Chairman Blust, seconded by Commissioner Gable, moved to resume the open meeting at 6:56 P.M.

 

VOTE:   Aye-5

              Nay-0

 

ACTION AFTER CLOSED SESSION

 

            Vice-Chairman Blust, seconded by Chairman Miller, moved to approve the June 7, 2011, closed session minutes as amended.

 

VOTE:   Aye-5

              Nay-0

 

ADJOURN

 

Chairman Miller adjourned the meeting at 6:57 P.M.

 

 

 

Nathan A. Miller, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board