MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 21, 2022
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 21, 2022, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Welch called the meeting to order at 5:30 P.M. The following were present:
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Carrington Pertalion, Commissioner
Larry Turnbow, Commissioner
Charlie Wallin, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Wallin opened with a prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the June 7, 2022, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the June 7, 2022, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the June 7, 2022, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the June 21, 2022, agenda.
Chairman Welch stated that there would be no action after closed session and requested the item be removed from the agenda.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to approve the June 21, 2022, agenda as amended.
VOTE: Aye-5
Nay-0
Tourism Development Authority Update
Mr. Matt Vincent, Tourism Development Authority (TDA) Chair, and Mr. Wright Tilley, TDA Director were present to give an update on the Watauga County TDA. Mr. Tilley stated that last year’s numbers were historic; however, they were beginning to level off. Mr. Tilley stated that upgrades were planned for the pump track at Rocky Knob Park and the picnic areas.
Mr. Tilley stated that a change may be made to how the occupancy tax expenditures were split. Currently two-thirds go to marketing and one-third to infrastructure. Mr. Tilley stated that Representative Ray Pickett indicated that the split could change to a 50%/50% model which would allow more flexibility in spending the funds collected. The current advertising budget was $6,000,000. The change would be good for infrastructure costs. Mr. Tilley stated that a resolution of support may be requested in the future. Mr. Tilley stated that during the height of the COVID pandemic, advertising was stopped but would be bumped back up during the coming year as society was returning to normal.
The report was for information only and, therefore, no action was required.
Destination by Design Proposals
A. Imagine Watauga Action Plan
Mr. Eric Woolridge, Destination by Design Director of Planning and Business Development, stated that he was working with the Tourism Development Authority (TDA) on reimagining the future through the Imagine Watauga Plan which cast a vision of how to double or triple the funding for infrastructure while improving the quality of life for locals.
The plans purpose was to
“Create a community-led vision and 15-year roadmap to ensure strategic decision making and enhance quality of life throughout the Town of Boone and Watauga County. The Imagine Watauga Action Plan is led by the Watauga County and Boone Tourism Development Authorities (TDAs). The TDAs are responsible for managing occupancy tax revenues collected from visitors staying in both the Town of Boone and Watauga County’s short-term lodging establishments. Current revenue projections from today through the year 2040 will provide the TDAs with approximately $40 million to invest in quality-of-life projects. Plan success will require significant and broad community engagement.
Imagine Watauga will replace the TDA’s current plan, The Boone Outdoor Recreation Master Plan, which was adopted in 2010 and called for the development of Rocky Knob Park and a variety of newly developed river accesses and greenway expansions.”
Interviews would be held with focus groups to discuss the following themes: recreation, environmental quality, arts & culture, economic development, and active living.
Mr. Woolridge inquired as to the availability of the current Valle Crucis School building once the new school was constructed and in use and the current National Guard Armory which would revert to the Town of Boone and County upon the Armory’s move to a new facility. County Manager Geouque stated that the old school property may have to be used to properly mitigate the new school and the County’s use for the Armory would be as storage for County equipment.
Mr. Woolridge requested the Commissioners and Boone Town Council each select representatives to serve on a project steering committee to help develop recommendations for the Armory property. Commissioners Pertalion and Turnbow both showed interest in serving.
B. Howard Knob Park Improvements
Mr. Eric Woolridge stated that, in 2018 the Tourism Development Authority (TDA) developed a master plan for Howard Knob Park. The TDA would like to implement some elements of this plan within the next 12 months, including new ADA parking and access, an improved overlook area, and other general aesthetic improvements. Mr. Wright Tilley, TDA Director, stated that the original plans were scaled back from previous years but would improve the area. The improvements were not intended to significantly change how the park was used, but to merely upgrade the existing resource. County Manager Geouque stated that the picnic area needed to be renovated. Mr. Tilley stated that it would be looked at. Mr. Tilley also stated that they were keeping in touch with those whose property neighbored the park. Mr. Woolridge stated that the parking area would not be expanded but would be marked.
Commissioner Turnbow, seconded by Commissioner Pertalion, moved to support the renovations to Howard Knob Park as presented.
VOTE: Aye-5
Nay-0
Proposed W.A.M.Y. Support Letter
Ms. Brittany Luxton, Finance Director for W.A.M.Y Community Action, Inc., stated that W.A.M.Y. was applying for a Housing Preservation grant to allow for repairs and rehabilitation on very low-income family homes. The grant has been successfully utilized for the last two years and W.A.M.Y. would like to continue to provide this service to low-income Watauga County citizens. The Housing Preservation grant was used to do repair work on homes, such as roofs, plumbing and electrical repairs, or mold removal. Ms. Luxton stated that as part of the grant application, W.A.M.Y must demonstrate the support of County officials for this type of work and show that this was not a duplication of another program operated by the County. A proposed letter of support was presented to the Board for consideration.
Commissioner Turnbow, seconded by Commissioner Pertalion, moved to support W.A.M.Y.’s grant application and approve the letter of support.
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 May 2022. The report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren stated that there were no refunds and presented the Releases Report for May 2022 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the Releases Report for May 2022 as presented.
VOTE: Aye-5
Nay-0
C. Proposed Board of Equalization and Review Hearing Dates
Mr. Warren present the following dates for the Board of Equalization and Review to hear appeal cases:
Monday July 11 3:00 pm - 7:00 pm
Monday July 25 3:00 pm - 7:00 pm
Tuesday July 26 9:00 am - 4:00 pm
Wednesday July 27 9:00 am - 4:00 pm
Thursday July 28 9:00 am - 12:00 pm
Mr. Warren stated that there were 169 hearings to schedule, 425 to be presented for consent approval, and 885 currently awaiting responses.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the dates as presented by Mr. Warren.
VOTE: Aye-5
Nay-0
Proposed Courthouse Computer Systems Software License and Support Agreement
The County Manager, on behalf of Register of Deeds Amy Shook, presented for approval a software license and support contract with Courthouse Computer Systems which was the current vendor. The contract was in the amount of $36,225 and adequate funds were budgeted to cover the expense. County Attorney di Santi stated that it was the same contract approved last year with the dates updated.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the contract, in the amount of $36,225, with Courthouse Computer Systems for the Register of Deeds software license and support.
Nay-0
Miscellaneous Administrative Matters
A. Proposed Contractor Prequalification Policy
County Manager Geouque presented, in preparation for the bidding of the new Valle Crucis Elementary School, a proposed contractor prequalification policy. The policy would ensure the lowest responsive bidder was also financially and technically able to complete the project. The County Manager stated that a Construction Manager At Risk (CMAR) would not be utilized in this project due to increased cost in the current market.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the contractor prequalification policy as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Proposed Contract with Vincent Valuations, LLC
County Manager Geouque stated that the 2022 revaluation was now complete and the County needed to prepare for the next revaluation scheduled for 2027. During the 2022 Annual Budget Retreat, the Board discussed the next revaluation for the County and the need to conduct a full measure and list. The County Manager presented a proposed contract with Vincent Valuations, LLC, to conduct the 2027 revaluation for $38.50 per parcel. In addition, the contract included the cost to provide new construction services at $29.50 per parcel. The contract would be effective July 1, 2022. Adequate funds were budgeted to cover the 2022-2023 expenses.
Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the contract with Vincent Valuations, LLC, for the 2027 revaluation and new construction review services as presented effective July 1, 2022.
VOTE: Aye-5
Nay-0
C. July Meeting Schedule
County Manager Geouque stated that the first meeting in July had been cancelled and the July 19, 2022, meeting date could remain as scheduled; therefore, no additional changes were required for the July meeting schedule.
D. Update on the Naming Application Request in Memory of Lawrence “Lan” O’Loughlin
County Manager Geouque stated that Mr. Eric O’Loughlin, Ms. Jean Hord Roberts, and Ms. Ashley Ginn presented a request to name the lap pool in the aquatic center after Lawrence (“Lan”) O’Loughlin at the last Board meeting. Mr. O’Loughlin was the Watauga High School Men and Women’s Head Swim Coach from 1979 to 2003. A public hearing is required to be scheduled to seek comments and input from County citizens. Once the public hearing is completed, the Board shall vote on the request. A unanimous vote of the Board is required for the naming application to be approved.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to schedule a public hearing at 5:30 P.M. on Tuesday, July 19, 2022, to allow citizen comment on the naming request.
VOTE: Aye-5
Nay-0
E. Discussion of House Bill 193
County Manager Geouque stated that there was a prohibition in the Town of Boone’s Ordinance which wouldn’t allow the County’s proposed parking deck to be built on the corner of Water and Queen street. Due to that, the County had sought legislation (House Bill 193) which read: “For so long as it is used for a public purpose, the following property shall be exempt from the Unified Development Ordinance of the Town of Boone as it exists on the effective date of this act and any subsequent amendments or reenactments: the property described in the INSTRUMENT OF COMBINATION recorded on May 23, 2022, as referenced in Book 2275, Page 413 in the Watauga County Register of Deeds.”
The Board of Commissioners had tasked staff and the County Attorneys to work with the Town of Boone for a solution. County Attorney di Santi stated that he along with County Attorneys Capua and Garrett had read and fully debated the compromises presented on Town of Boone letterhead. Mr. di Santi stated that the Town of Boone Attorney, Ms. Allison Mead, had agreed that wording in the Historic Preservation Commission was illegal and that the issue would be resolved. Mr. di Santi stated that the Town of Boone has agreed to put the project on a fast track schedule. Mr. di Santi stated that other than the lot combining issue the design would comply with Town of Boone regulations. County Manager Geouque added that the project architect, Mr. Bill Dixon, was working hard to comply with Town of Boone regulations; however, the Historic District was relatively new and there could be other gray areas to work out.
[Clerk’s Note: Below are the proposed Joint Press Release and the Town of Boone compromises:
Joint Statement of the Boone Town Council and Watauga County Board of
Commissioners Concerning the County's Proposed Downtown Parking Garage
Watauga County and the Town of Boone have recently issued separate press releases concerning a local law, House Bill193, requested by Watauga County to exempt its proposed downtown parking garage project from the requirements of Boone's development ordinance. The County maintains that it had a valid legal concern regarding the enforceability of the Town's development ordinance as it relates to the recombination of lots within the historic district, that litigation would significantly delay the project and increase the project budget, and that the request for House Bill 193 was made in good faith.
The County and the Town agree on the need for public parking to serve the courthouse and other government buildings located in the historic district of downtown Boone, as well as the desirability of additional parking available after business hours to serve local citizens and visitors to the downtown. We also agree that it is to the benefit of all town and county residents, businesses, and taxpayers that the County and Town work together cooperatively, respecting both the taxpayers' money and the Town's efforts to preserve its historic downtown.
Accordingly, our representatives have worked hard over the last few days to address the concerns of each side. We have reached a consensus so that the local law will be withdrawn, litigation can be avoided, and consideration of the County's parking garage project can move forward as speedily as possible consistent with the Town's development ordinance. We are glad of this outcome, and look forward to continuing to work collaboratively and through more open communication to find solutions that are in the best interest of all citizens.
and . . .
I write to confirm the points of agreement reached between Watauga County and the Town of Boone as to how the County 's downtown parking garage project will move forward:
1. It is the view of both you, as the county attorneys, and me, as town attorney, that language in Boone UDO Appendix D, Section 14.4 stating "[c]ombining lots for the purpose of building a single building across multiple lots is not permitted in the district.... " is not authorized by Chapter 160D of the North Carolina General Statutes and, if sought to be enforced, would likely lead to litigation. A text amendment to the Boone UDO eliminating the language will be presented and considered at public hearing on July 25. It is anticipated that the approval process can be completed as early as July 27.
2. The Town will waive its usual practice of requiring applicants to obtain a certificate of appropriateness (COA) from the Boone Historic Preservation Commission (HPC) prior to proceeding with a conditional district (CD) rezoning application, and instead will allow the County to submit and pursue its applications for CD and COA concurrently.
3. The HPC may be able to consider the COA request at its July 12 regular meeting, but in any event will hear the case at a special meeting to be scheduled for July 26, which may be followed if necessary by consideration at the HPC's regular meeting on Aug. 9.
4. The Town Council will hold a special public hearing meeting on August 22 to consider the county's conditional district rezoning application for the parking garage.
5. The County will withdraw its request for the state legislature to pass House Bill 193 and proceed with the approval processes as set forth in the Boone UDO for its parking project (that is, the COA and CD processes) as any other applicant, except as set forth above.
Sincerely,
Allison M. Meade, Esq.
Town Attorney
Town of Boone, North Carolina
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to direct the County Manager to contact Representative Ray Pickett and Senator Deana Ballard and request House Bill 193 be pulled.
VOTE: Aye-5
Nay-0
F. Announcements
County Manager Geouque announced the following:
· The North Carolina Association of County Commissioners’ (NCACC) next Board of Directors meeting would be held in Watauga County on June 24-25, 2022. The NCACC invites the Chairman or Vice-Chairman and County Manager to speak at the beginning of the meeting on the 24th, to provide a brief welcome message to Watauga County.
· The NCACC also invites the Watauga County Board of Commissioners to be guests at the NCACC Board dinner which would be held at the Meadowbrook Inn on the evening of June 24, 2022.
· The Beech Mountain Watauga Medics Ribbon Cutting was to be held at the Beech Mountain Volunteer Fire Station # 2 located at 513 St. Andrew’s Road, Beech Mountain, North Carolina, on Saturday, June 25, 2022, from 2:00 to 4:00 P.M.
Ms. Barbara Krause shared concerns in regards to the Rainbow Trail asphalt plant.
Ms. Nancy Kiffer shared comments on events she has held at her home and property. She requested a copy of “assembly rules” and that the Fire Marshal not show up during an event unless in an unmarked vehicle.
Ms. Brook Meeks thanked the Board for the work they do. Ms. Meeks shared concerns as she was a bride whose wedding was scheduled at the Kiffer property in July, 2022.
Vice-Chairman Kennedy stated that the Fire Marshal’s Office and the Planning and Inspections Department had been working with Ms. Kiffer in regards to State Code issues for years and the County would not condone not meeting codes and liability issues that could arise.
Commissioner Turnbow stated that the County vehicle would be used when the Fire Marshal was on a call. Commissioner Turnbow stated the issue had been ongoing for years and that Ms. Kiffer had been cited and had not dealt with the issue.
Closed Session
At 7:11 P.M., Commissioner Wallin, seconded by Vice-Chairman Kennedy, 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 Kennedy, seconded by Commissioner Wallin, moved to resume the open meeting at 7:29 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Commissioner Pertalion, moved to adjourn the meeting at 7:29 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board