MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 7, 2017
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, March 7, 2017, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Jimmy Hodges, Commissioner
Larry Turnbow, Commissioner
Perry Yates, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Welch called the meeting to order at 8:31 A.M.
Commissioner Yates opened with prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the February 16 & 17, 2017, special meeting minutes, February 21, 2017, regular and closed session minutes, and February 28, 2017, special meeting minutes.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 16 & 17, 2017, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 21, 2017, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 21, 2017, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 28, 2017, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the March 7, 2017, agenda.
County Manager Geouque requested to add Land Acquisition, per G. S. 143-318.11(a)(5)(i), to the scheduled closed session.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the March 7, 2017, agenda as amended.
VOTE: Aye-5
Nay-0
Appalachian District Health Department Annual Report
Ms. Beth Lovette, Appalachian District Health Department Director, presented the Annual Report for Fiscal Year 2015-2016. The report was given for information only; therefore, no action was required.
Western Youth Network Update
Ms. Jennifer Warren, Western Youth Network (WYN) Director, presented an update on current activities of the organization. The report was given for information only; therefore, no action was required.
Request to Adopt the Middle Fork Greenway Master Plan
Ms. Wendy Patoprsty, Middle Fork Greenway Project Director, presented the Middle Fork Greenway Master Plan for consideration. Ms. Patoprsty stated that approval was recently granted to apply for a Parks and Recreation Trust Fund (PARTF) grant in May for the Middle Fork Greenway construction. Adoption of the Middle Fork Greenway Master Plan would be favorable on the grant application.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to adopt the master plan as presented.
VOTE: Aye-5
Nay-0
Proposed Amendments to the High Impact Land Use Ordinance
Mr. Joe Furman, Planning and Inspections Director, presented proposed amendments to the High Impact Land Use (HILU) Ordinance resulting from the public hearing held on February 28, 2017.
Mr. Furman presented an updated definition of Immediate Family as follows: A person’s parents, spouse, children and siblings, including the parent’s spouse. Includes step children and adopted children and their spouses.
County Attorney di Santi stated that the HILU moratorium expires on March 10, 2017.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to adopt the High Impact Land Use Ordinance as amended and including the updated definition of “Immediate Family.”
VOTE: Aye-5
Nay-0
Proposed Change Orders for Medic Base 3
Mr. Robert Marsh, Maintenance Director, presented the final change orders for Medic Base 3. There were four (4) deductive change orders totaling $14,182.80 and six (6) additive change orders totaling $13,552.08. The building committee recommended approving the change orders as presented adjusting the contract sum by $630.72 in the County’s favor.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the change orders as presented.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of February 2017. The 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 February 2017 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the Refunds and Releases Report for February 2017 as presented.
VOTE: Aye-5
Nay-0
Report on Old Boone Ready Mix Property
County Attorney di Santi gave an overview regarding the Old Boone Ready Mix property.
August 2016 Town of Boone filed action against the property owner, Mike Perry, for various violations.
November 2016 Town of Boone was granted an Order of Enforcement for Mr. Perry to bring the property into compliance with the Town’s Unified Development Ordinance.
December 2016 The Court of Appeals decision was reversed. The Town of Boone’s Extra-Territorial Jurisdiction (ETJ) removal was deemed constitutional effective January 10, 2017.
January 10, 2017 The Town of Boone no longer has authority over property in the former ETJ area. Since then, the property has been in the County’s jurisdiction, the County has requested to intervene in the Town’s case.
March 6, 2017 The County request to intervene was granted and an order is in place authorizing the County to proceed.
County Attorney di Santi, County Manager Geouque, and Planning Director Furman, met and viewed the property. The County Attorney stated that Mr. Perry was expected to be released from prison, on unrelated charges, in the next couple of weeks and staff plans to meet with him to devise a plan that doesn’t put the County in a difficult situation with the property.
County Attorney di Santi stated that most of the violations on the property appear to be related to the building code as well as safety and health regulations. Discussions have been held regarding brownfield grants and the possibility of the District Attorney’s involvement to use potentially available state funds to clean up the property.
The report was given for information only; therefore, no action was required.
Miscellaneous Administrative Matters
A. Proposed School Calendar Flexibility Resolution
County Manager Geouque presented a proposed joint resolution regarding school calendar flexibility for consideration. The support of the Board is being requested to restore control over the school calendar to the local Board of Education. Upon approval of both Boards, the resolution will then be forwarded to our local legislators.
Commissioner Yates, seconded by Commissioner Turnbow, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
B. Sheriff’s Office Vehicle Purchase Request
County Manager Geouque stated that at the last meeting, action was tabled on a bid for a 2017 Chevrolet Silverado 2500 Crew Cab 4WD. The proposed bid was from Ben Mynatt Chevrolet, a North Carolina Sheriff’s Association vendor. The item was tabled to allow time for staff to verify that local vendors were included on the Sheriff’s Association list of vendors. The Sheriff’s Office submitted the list of vendors to staff in which local vendors were included. The cost for the vehicle including tax and tag is $29,818.46. The current cost exceeds the budgeted amount and therefore a budget amendment will be forthcoming recognizing additional narcotics funds.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid for the 2017 Chevrolet Silverado 2500 Crew Cab 4WD pickup, in the total amount of $29,818.46, to Ben Mynatt Chevrolet per the North Carolina Sheriff’s Association vendor list and to encourage that local bids be sought in addition to the Association list for future vehicles.
VOTE: Aye-5
Nay-0
C. Boards and Commissions
County Manager Geouque presented the following Boards and Commissions for consideration:
JCPC
The Juvenile Crime Prevention Council (JCPC) recommends the following changes to its membership due to changes in required positions: Mr. Andy Ellis to replace Mr. Spencer Sharrits as the Member of the Faith Community; Mr. Josh Teague to replace Mr. Eric Eller as the Juvenile Defense Attorney; and Mr. Josh Johnson to replace Mr. Timothy Eller as a Court Counselor.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to waive the second reading and appoint the following to the Juvenile Crime Prevention Council: Mr. Andy Ellis, Faith Community representative, Mr. Josh Teague, Juvenile Defense Attorney representative, and Mr. Josh Johnson, Court Counselor representative.
VOTE: Aye-5
Nay-0
CCC&TI
The Caldwell Community College and Technical Institute (CCC&TI) Board of Trustees recommends the reappointment of Mr. Lowell Younce to the Board. His term expires June 30, 2017. This was a first reading; therefore, no action was required.
Several volunteer applications, recently received for various Boards and Commissions, were presented.
D. Announcements
County Manager Geouque announced the following:
· The Watauga County Cooperative Extension’s annual "Report to the People" lunch is on Tuesday, March 7, 2017, from 11:45 A.M. to 1:00 P.M.
· The FY 2018 Proposed Budget will be presented at the May 2, 2017, Board meeting. Budget Work Sessions have been scheduled from 12:00 – 7:00 P.M. on both Thursday, May 4 and Monday, May 8, 2017, to review the Proposed Budget. The County Manager stated that the Board has been invited to the “Teacher of the Year” recognition on May 4, 2017, at 6:00 P.M.
By consensus, the Board agreed to change the time of the May 4, 2017, Budget Work Session to 10:00 A.M. to 5:00 P.M. to allow time for the Board to attend the “Teacher of the Year” event.
· A public hearing will be held on Tuesday, March 21, 2017, at 5:30 P.M. to allow for citizen comment on proposed amendments to the Watauga County Sign Ordinance.
Public Comment
Mr. Terry B. Covell stated that changes to the High Impact Land Use Ordinance were helpful but requested more protections.
Ms. Annette Reeves had signed up to speak but had to leave for a commitment prior to public comment. Mr. Lee Stroupe asked to speak on her behalf. Mr. Stroupe stated that Ms. Reeves had intended to ask for the noise and environmental concerns to be looked at in regards to shooting ranges.
Mr. Stroupe also thanked the Board for the report on the old Boone Ready Mix property.
Closed Session
At 9:37 A.M., Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to resume the open meeting at 10:56 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adjourn the meeting at 10:56 A.M.
John Welch, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board