MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, AUGUST 4, 2015

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 4, 2015, at 8:30 A.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. “Four” Eggers, County Attorney

Deron Geouque, County Manager

Anita J. Fogle, Clerk to the Board

 

Chairman Hodges called the meeting to order at 8:31 A.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 July 20, 2015, special meeting minutes as well as the July 21, 2015, regular meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 20, 2015, special meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 21, 2015, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 21, 2015, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Hodges called for additions and/or corrections to the August 4, 2015, agenda.

 

County Manager Geouque requested to add a Closed Session per, G. S. 143-318.11(3) and possible action after Closed Session.

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the August 4, 2015, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Update on Forest Plan Revisions

Mr. Nicholas Larson, U.S. District Ranger, was scheduled to update the Board on the Forest Plan Revisions for the Pisgah and Nantahala National Forests in Watauga County; however, he was not present.

 

[Clerk’s Note:  Mr. Larson contacted the County Manager after the meeting to apologize for not being present as he was attending to wildfires in McDowell County.] 

Watauga County Arts Council Request

Watauga County Arts Council representatives Ms. Cherry Johnson, Executive Director, and Ms. Pat Lano, Council Board Chair, provided an update on services provided by the Council and activities held at Blue Ridge Artspace. 

 

Ms. Johnson stated that the Arts Council renovated the building leased for $1 a year from the County for Artspace during which time the need of some major repairs was discovered.  The Arts Council incurred approximately $12,038 in plumbing and HVAC expenses in making the building operational.  Ms. Johnson requested reimbursement for the $12,038 in building repairs.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to reimburse the Watauga County Arts Council the approximate $12,038 incurred in plumbing and HVAC expenses to the leased County-owned building with funds to be appropriated from the Administrative Contingency Fund.

 

VOTE:  Aye-5

             Nay-0

 

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator Larry Warren presented the Tax Collections Report for the month of July 2015.  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 July 2015 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for July 2015, as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.  Annual Settlement of Tax Collector

 

Tax Administrator Warren presented the following Annual Settlement Statements for Fiscal Year 2015 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Annual Settlement Statements for Fiscal Year 2015, and to accept the Tax Administrator’s “Oath as to Diligent Effort to Collect Taxes,” as presented.

 

VOTE:  Aye-5

             Nay-0

 

D.  Oath to Collect Taxes

 

Mr. Warren presented a proposed order granting authorization to collect taxes for Fiscal Year 2016.  Once approved, a sworn oath would be administered to Tax Administrator Warren.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to grant authorization for Tax Administrator Warren to collect taxes for Fiscal Year 2016.

 

VOTE:  Aye-5

             Nay-0

Subdivision Performance Guarantee

Mr. Furman presented a subdivision performance guarantee for Waterfront Group, owner/developer of Sweetgrass.  Section 92 of the subdivision regulations requires a bond with surety or other guarantees satisfactory to the County Commissioners in an amount equal to the estimated cost of the deferred improvements plus twenty (20) percent.  Waterfront Group has provided a cash deposit of $37,800 to guarantee paving of Timberwalk Drive at the development. This will allow a plat to be recorded and lots to be sold. Board of Commissioners’ approval of all performance guarantees is required.

 

SECTION 92. Deferment of Improvements.

Where it is in the best interest of all parties concerned to defer the installation or completion of some required improvement, the Planning Board may approve the final plat if the subdivider posts a bond with surety or other guarantees satisfactory to the County Commissioners in an amount equal to the estimated cost of the deferred improvements plus twenty (20) percent. Such guarantees shall assure either the performance of the specified work or payment of the specified sum to the County if such improvements have not been installed within the time specified on the final plat. At least fifty percent (50%) of the required improvements shall be completed prior to submission of a request for approval of a performance guarantee by a subdivider.

 

Commissioner Yates, seconded by Commissioner Welch, moved to accept the $37,800 cash deposit from Waterfront Group to guarantee paving of Timberwalk Drive at the development.

 

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on Proposed Amendments to the Ordinance To Regulate High Impact Land Uses

A public hearing has been scheduled to allow citizen comment on proposed amendments to the Watauga County Ordinance to Regulate High Impact Land Uses (HILU).  The Planning Board recommended the proposed changes to the Board of Commissioners for adoption.

 

Mr. Joe Furman, Planning and Inspections Director, reviewed the proposed amendments and clarified information regarding issues surrounding the HILU.

 

Chairman Hodges called the public hearing to order at 9:06 A.M.

 

The following shared comments during the public hearing:

 

Renee Shulman

Montana Stetter

Aspen Stetter

Jessica Stetter

Ali Zick

Austin Pack

Susie Winters

Glenn Williams

Anne Ward

Elaine Gray

Chip Williamson

Charles Hastings

Josh Teague

Karen Brown

Liz McCaekren

Rashell Aunchman

 

Chairman Hodges closed the public hearing at 9:52 P.M.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Watauga County Ordinance to Regulate High Impact Land Uses as amended including the addition of Explosive Storage Facilities to Category 1 Uses.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Request to Use Old Watauga High School Property

 

County Manager Geouque stated that the Appalachian State Department of Athletics has requesting the use of the parking lot at the old Watauga High School site for Thursday night home football games.  The request is to use the lot from 3:00 P.M. until postgame on October 22 and November 5, 2015.

 

Commissioner Welch requested to be recused as he is an Appalachian State Athletics Department employee.  Commissioner Welch stated that this would be considered a “park and ride” event and was open to the public for use and a $10 fee would be charged; however, the fee would help cover costs associated with the shuttle bus and parking attendant.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to recuse Commissioner Welch from action regarding this item.

 

VOTE:  Aye-5

             Nay-0

 

County Attorney Eggers recommended a contract be prepared.  Discussion was held regarding the need of portable toilets being available for the public.

 

Commissioner Yates, seconded by Commissioner Kennedy, moved to direct the County Attorney to prepare a contract allowing Appalachian State Athletics Department use of the old high school parking lot on October 22 and November 5, 2015, from 3:00 P.M. until postgame to allow for a “park and ride” shuttle for home football games and to direct Commissioner Welch to follow up with the placement of a portable toilet at the site when in use for these events.

 

VOTE:  Aye-5

             Nay-0

 

B.  Sheriff’s Office Vehicle Bid Award Request

 

County Manager Geouque stated that the Sheriff’s Office had requested the purchase of one new 2015 Ford Police Interceptor to replace one of the two vehicles that were totaled in recent separate accidents.  The other vehicle will be replaced when the Sheriff’s Office completes their FY 2015-2016 budgeted vehicle purchases.  The County received approximately $29,888.50 for the two vehicles that were totaled.  These funds will be used to purchase the replacement vehicle.

 

The County Manager stated that the lowest responsive bid for the purchase of one (1) new 2015 Ford Police Interceptor was received from Asheville Ford in the amount of $24,135.66 which includes tax and tag.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the purchase of one (1) new 2015 Ford Police Interceptor from Asheville Ford, the lowest responsive bidder, in the amount of $24,135.66 which includes tax and tag.

 

VOTE:  Aye-5

             Nay-0

 

C.  Boards and Commissions

 

Economic Development Commission

Scott McKinney is relocating and has resigned from the Economic Development Commission.  His term expires in June, 2016, therefore, an appointment to fill his unexpired term (which expires June 2016) will be needed.  Volunteer applications were received from Ms. Anne Ward, Mr. Douglas McGuire, Ms. Missy Harrill, Mr. Ray Cameron, Ms. Lisa Cooper, and Mr. Merrill Littlejohn.  This is a second reading for Ms. Ward and a first reading for Mr. McGuire, Ms. Harrill, Mr. Cameron, Ms. Cooper, and Mr. Littlejohn.

 

Consideration of appointment was tabled to allow for the review of the applications received.

 

D.  Announcements

 

The High Country Council of Governments’ Annual Banquet is scheduled for Friday, September 5, 2015, at Linville Ridge.

Public Comment

The following citizens spoke during public comment:

Anne Ward (concerns with HILU setbacks)

Bob Herring (concerns with potential development on Rainbow Trail)

Terry Covell (concerns with asphalt plants and citizen notification)

David Sengel (concerns with HILU amendments)

Susie Winters (concerns with agri-tourism economy, heritage, and culture)

Shivonne Quintero (concerns with asphalt plants and citizen notification)

Closed Session

At 10:24 A.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).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 10:55 A.M.

 

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

Commissioner Kennedy, seconded by Commissioner Yates, moved to direct staff to engage in discussions for counsel to represent staff to fully-develop records before the Board of Adjustment for upcoming appeal cases.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Welch, seconded by Commissioner Kennedy, moved to adjourn the meeting at 10:57 A.M.

 

VOTE:  Aye-5

             Nay-0

 

 

Jimmy Hodges, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board