MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 22, 2001
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 22, 2001 at 7:00 P.M. in Courtroom # 1, 2nd Floor, Watauga County Courthouse.
PRESENT: Jimmy Hodges, Chairman
James Coffey, Vice-Chairman
Sue Sweeting, Commissioner
Pat Wilkie, Commissioner
Jeff Hedrick, County Attorney
Robert E. Nelson, Jr., County Manager
Anita Fogle, Clerk to the Board
Commissioner Lawrence, who was out of town, was unable to attend the meeting.
Chairman Hodges called the meeting to order at 7:05 P.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the May 7, 2001, regular meeting minutes.
Vice-Chairman Coffey requested that a correction be reflected in the minutes in the fourth paragraph under Approval of the Minuets as follows: “…69 speaking in opposition to the ordinance, 47 speaking for the ordinance…” Vice-Chairman Coffey also requested that the minutes show that a petition with over 1700 names of opponents to the Zoning Ordinance was received.
Commissioner Sweeting requested that an addition be reflected in the minutes between the third and forth paragraph under Discussion of an Ordinance (New) Establishing a Moratorium on Certain High Impact Industries: “Commissioner Sweeting requested the following changes be considered in the Ordinance: that the title be changed from High Impact Industries to High Impact Land Uses; that propane bulk storage and commercial and industrial land uses with aggregate building occupance area of 20,000 square feet or more be included in the Moratorium; and additional “whereas’s” which will be provided to staff.”
Commissioner Sweeting also requested an addition be reflected in the minutes under Miscellaneous Administrative Matters, Section F, Commissioners’ Community Meeting Schedule, as follows: “Commissioner Sweeting requested a re-evaluation of the decision to discontinue community meetings in six (6) to twelve (12) months.”
Commissioner Wilkie requested an addition be reflected in the minutes under the Zoning Ordinance Study Committee section: “Commissioner Wilkie requested a clarification of the number of persons to be appointed to the committee. After discussion, the Board consensus was to appoint 6 supporters and 6 opponents.”
Commissioner Sweeting seconded by Commissioner Wilkie, moved to approve the May 7, 2001, regular meeting minutes as corrected.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
APPROVAL OF MAY 22, 2001 AGENDA
Chairman Hodges called for additions or corrections to the May 22, 2001, agenda.
County Manager Nelson requested to add a Closed Session after the Public Comment period to discuss Land Acquisition, G.S. 143-318.11(a)(5)(i).
Commissioner Sweeting seconded by Vice-Chairman Coffey, moved to approve the May 22, 2001, agenda as amended.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
PUBLIC HEARING – ORDINANCE (NEW) ESTABLISHING A MORATORIUM ON CERTAIN HIGH IMPACT INDUSTRIES
Chairman Hodges declared the public hearing open at 7:08 P.M. to allow for comment on the new proposed ordinance establishing a moratorium on certain high impact industries. Chairman Hodges asked that comments be limited to three (3) minutes per speaker.
Twenty-one (21) citizens spoke at the public hearing regarding the proposed ordinance for a moratorium, with the majority of the speakers opposing the ordinance.
At one point, Commissioner Wilkie asked Chairman Hodges to ask citizens who could not maintain decorum to please leave the public hearing.
There being no further public comment, Chairman Hodges declared the public hearing closed at 8:10 P.M.
After discussion, Commissioner Sweeting requested the following changes to the ordinance:
- That the title be changed from High Impact Industries to High Impact Land Uses
- That the ordinance include propane bulk storage and commercial and industrial land uses with aggregate building occupance area of 20,000 square feet or more.
- That the following two paragraphs be added:
Whereas, 20,000 square foot commercial and industrial buildings and propane storage facilities have been identified as having potential negative impact on the tourism industry, property values and community welfare; and
Whereas, 20,000 square foot commercial and industrial buildings and propane storage facilities were included in the interim zoning ordinance as activities that needed to be studied and consider certain locations in the county. - That the word “boom” be changed to “growth” in the first paragraph of the ordinance.
- That the last line in paragraph ten (10) be change to “… but instead resolved to appoint a committee to seek consensus as to a possible ordinance within a six (6) month period from time adopted; and”
Commissioner Sweeting seconded by Commissioner Wilkie, moved to adopt the ordinance with the changes as stated above.
Chairman Hodges stated that he was opposed to passing the ordinance with the changes included concerning the 20,000 square foot buildings.
After discussion, Commissioner Sweeting rescinded her motion as stated.
Commissioner Sweeting then made a motion, seconded by Commissioner Wilkie, to adopt the ordinance as presented with the following changes: The title be changed from High Impact Industries to High Impact Land Uses; The word “boom” be changed to “growth” in the first paragraph of the ordinance; and That the last line in paragraph ten (10) be changed to “… but instead resolved to appoint a committee to seek consensus as to a possible ordinance within a six (6) month period from time adopted; and…”.
VOTE: Aye-3 (Hodges, Wilkie, Sweeting)
Nay-1 (Coffey)
Absent-1 (Lawrence)
PUBLIC SCHOOL BOARD CAPITAL FUNDS REQUEST
Ms. Leta Council, Representative of Watauga County Board of Education, presented a request for Commissioner approval to make application to the North Carolina Public School Building Capital Fund. The application was be to replace the Boiler at the Watauga High School and to install a backup Boiler addition at the Cove Creek Elementary School. The respective amounts were $475,000 and $110,000. The School Board proposed to use previously spent local Bond money as local match for the state funds.
Commissioner Sweeting seconded by Vice-Chairman Coffey, moved to approve the request of the Watauga County Board of Education to make application to the North Carolina Public School Building Capital Fund for the projects and amounts as presented.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
KINDNESS DAYS PROCLAMATION REQUEST
Ms. Mary Moretz, lead teacher of the Pioneer Academy at Watauga High School, and two students of the Academy, James McQueen and Morgan Crammer, presented a proposed Proclamation to establish May 22 – May 30 as Kindness Days in Watauga County.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to proclaim May 22 – 29 as Kindness days in Watauga County.
Chairman Hodges then read the Proclamation
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
ZONING ORDINANCE STUDY COMMITTEE
Chairman Hodges stated that ground rules needed to be established before discussion as to the appointment of the Study Committee.
Commissioner Sweeting, seconded by Commissioner Wilkie, made the following motion:
“Given that the motion on the Interim Land Use Ordinance failed on a 3-2 vote and;
Given that there are differences of opinion by the commissioners about how to proceed and;
Given that the Commissioner Chairperson has proposed a new committee be formed to review the ordinance and come up with a compromise and;
Given that fairness suggest that commissioners should not appoint members who oppose their position and;
Given that over 500 individuals have signed a petition asking that supporters appoint supporters and opponents appoint the opponent members of the committee.
I move that the Commissioners who supported the interim ordinance appoint the supporter members to the committee and those Commissioners who opposed the interim ordinance appoint the opponent members to the committee and that all members be approved by the entire Board.”
After lengthy discussion the consensus of the Board was that County Attorney Hedrick and Planning Director Furman were not appointed as members of the committee but should attend the committee meetings to answer questions that may arise.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
Nominations for the committee representing supporters of the interim ordinance were as follows:
Denise Grohs (Planning Board Representative)
Bill Kaiser
Ralph Grosswald
Dennis Grady
Kristie Cooke
Pam Williamson
Nominations for the committee representing opponents of the interim ordinance were as follows:
Weldon Critcher (Planning Board Representative)
Roy Gryder
Dudley Norris
Spencer Mains
Denny Norris
Johnny Hampton
The Board then voted to appoint the proposed nominations to the study committee:
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
Vice-Chairman Coffey, seconded by Chairman Hodges, made a motion to appoint Council Main as facilitator for the study committee.
Commissioner Wilkie stated that she was opposed to Mr. Main serving as the facilitator for the study committee. Commissioner Sweeting stated agreement with Commissioner Wilkie.
Vice-Chairman Coffey chose not to rescind his motion and therefore the vote is as follows:
VOTE: Aye-2 (Coffey, Hodges)
Nay-2 (Sweeting, Wilkie)
Absent-1 (Lawrence)
Commissioner Sweeting made a motion to appoint the Boone Area Chamber of Commerce as the facilitator for the study committee.
Commissioner Sweeting’s motion died for lack of a second.
At this time it was the consensus of the Board to table the decision choosing a facilitator until the June 4, 2001, meeting.
Chairman Hodges, seconded by Commissioner Sweeting, made a motion that Vice-Chairman Coffey represent the opponents of the interim ordinance as a member of the study committee.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
Commissioner Wilkie, seconded by Commissioner Sweeting, made a motion that Commissioner Sweeting represent the supporters of the interim ordinance as a member of the study committee.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. AppalCART Contracts – County Manager Nelson presented transportation contracts between the County and AppalCART for the Project on Aging and the Parks and Recreation Departments. The rates increased approximately 5% from FY 2001. County Manager Nelson also noted that the rates were slightly higher for Parks and Recreation in that larger buses were usually required to transport for the Parks and Recreation programs.
Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to approve the AppalCART contracts for the Project on Aging and Parks and Recreation Departments as presented.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
B. Boards and Commissions – County Manager Nelson stated that the Boone Town Council nominated Mary Cavanaugh to fill the un-expired term previously held by Jan Lamm on the Boone Planning Board as an ETJ member.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, made a motion to appoint Mary Cavanaugh to the Boone Planning Board as presented.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
County Manager Nelson stated that the following five were nominated by the Watauga County Council on the Status of Women: Margaret Watkins, Lisa Shelton, Gail Hawkinson, Suzette Patterson, and Sherry Boone.
Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to appoint those nominated for the Watauga County Council on the Status of Women as presented.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
County Manager Nelson stated that the Clerk to the Board, Anita Fogle, would contact each of the Boards and Commissions with upcoming vacancies (listed below) and would solicit input in the nomination process prior to the next meeting. County Manager Nelson stated that Public Service Announcements have been forwarded to the local newspapers and radio stations soliciting volunteers to serve on Watauga County Boards and Commissions.
Region D Development Corporation
Cove Creek Fire Protection District Commission
Boone Board of Adjustments
CCC&TI Board of Trustees
Criminal Justice Partnership Board
Economic Development Commission
Juvenile Crime Prevention Council
Jury Commission
Region D Workforce Development Board
Social Services Board
C. Announcements –
1. Due to the upcoming retirement of Tax Administrator Larry McLean, County Manager Nelson requested that two Board members sit with the Manager and two other staff representatives in interviewing for this position. After discussion it was the consensus of the Board for Chairman Hodges and Vice-Chairman Coffey sit with the Manager and two other staff representatives in interviewing for said position.
2. County Manager Nelson announced that Budget Work Sessions are scheduled for Wednesday, May 23, 2001, 6:00 P.M. – 10:00 P.M.; Thursday, May 24, 2001, 1:00 P.M. – 5:00 P.M.; and Thursday, May 31, 2001, 1:30 P.M. – 5:00 P.M.
3. County Manager Nelson announced that a Public Hearing is scheduled for 1:00 P.M. on May 31, 2001, prior to the Budget Work Session on that date, to consider the Department of Transportation’s Secondary Road Program for FY 2002.
PUBLIC COMMENT
Four (4) citizens spoke, all regarding zoning issues. Three (3) were opponents to the interim ordinance and one (1) was neutral.
CLOSED SESSION
Vice-Chairman Coffey seconded by Commissioner Wilkie, moved to enter Closed Session at 9:28 P.M. to discuss: Land Acquisition, G.S. 143-318.11(a)(5)(i).
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
Commissioner Sweeting seconded by Commissioner Wilkie, moved to resume the open meeting at 9:45 P.M.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
ADJOURN
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adjourn the meeting at 9:45 P.M.
VOTE: Aye-4
Nay-0
Absent-1 (Lawrence)
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board