• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 18, 2003
 
            The Watauga County Board of Commissioners held, on Tuesday, March 18, 2003, a regular meeting at 6:30 P.M. in Courtroom # 1 on the second floor of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                                Allen Trivette, Commissioner
                                                Rebecca Eggers-Gryder, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Coffey announced that Vice-Chairman Hodges was absent due to health reasons.
 
            Chairman Coffey called the regular meeting to order at 6:30 P.M. welcoming those in attendance. A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions and/or corrections to the March 3, 2003, regular meeting and closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the March 3, 2003, regular meeting and closed session minutes as presented.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 


APPROVAL OF AGENDA
 
            Chairman Coffey called for additions or corrections to the March 18, 2003 agenda.
 
            County Manager Nelson requested to table the presentation of the Stewart Simmons Communications Tower request. The County Manager also requested to add to the agenda discussion of the Department of Transportation Scenic Highway Application for the new US Highway 421.
 
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the March 18, 2003 agenda as amended.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
NEW HEALTH DEPARTMENT BUILDING PROGRESS REPORT AND CHANGE ORDER REQUESTS
 
            Mr. Randy Jones reviewed progress to date on the new Health Department building. He also reviewed change orders that were deducted with the exception of one that included an increased amount for conduit for security cameras and monitors in the amount of $587.25, which was billed to the Appalachian District Health Department.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the Change Orders for the new Health Department Building as presented by Mr. Jones.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
NEW RIVER BEHAVIORAL HEALTHCARE MATTERS
 
            A. Quarterly Report – Mr. Don Suggs reviewed the New River Behavioral Healthcare Quarterly Report. Mr. Suggs stated that House Bill 381 required that a Quarterly Report be presented in person to the Board of Commissioners at least two times a year.
 
            No Board action was required and therefore none was taken.
 
            B. Local Business Plan Review and Approval – Mr. Suggs reviewed the Local Business Plan for the New River Behavioral Healthcare’s operation in FY 2004. A copy of the complete Plan is available at the County Manager’s Office for review.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt by Resolution the New River Behavioral Healthcare Local Business Plan as presented by Mr. Suggs.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
BOARD OF E & R SCHEDULE
 
Mr. Byrd made a request of the Board to confirm dates that they were available for Board of Equalization and Review meetings.
 
The date for the initial hearings was set for Tuesday, April 8, 2003, in the County Manager’s conference room. Mr. Byrd suggested that a period of approximately two weeks was needed to schedule meetings to allow the Board to hear valuation or compliance issues. Meeting times were to be scheduled for Mondays and Thursdays from 1:00 P.M. till 4:00 P.M. and again from 5:30 P.M. till 8:30 P.M.; Tuesdays from 5:30 P.M. till 8:30 P.M.; and on Wednesdays from 9:00 A.M. till 12:00 P.M. and again from 1:00 P.M. till 4:00 P.M. as needed. The adjournment date would be set for Monday, April 21, 2003. Mr. Byrd stated that the Board of E&R would sit to hear appeals that were filed by April 21st.
 
Commissioner Honeycutt, seconded by Commissioner Blust, moved to set the meeting dates and times of the Board of E&R as presented by Mr. Byrd.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
Mr. Byrd stated that compensation for meetings of the Board of E&R was historically set in the amount of $75.00.
 
Commissioner Blust, seconded by Commissioner Honeycutt, moved to set the Board of E&R compensation rate at $75.00 per meeting.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
METROCALL PAGING CONTRACT PROPOSAL
 
            Lieutenant Jamey Fletcher stated that Metrocall Paging Company has agreed to furnish Watauga County 17 pagers and airtime in exchange for space in and on the County owned communications building and tower on Rich Mountain. The 17 pagers saved the County over $5,000 a year. Mr. Fletcher stated that if approved, the cost savings were greater than the amount the County was previously receiving for this leased space.
 
Commissioner Honeycutt, seconded by Commissioner Trivette, moved to approve the contract with Metrocall Paging Company contingent upon review by the County Attorney.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A. Public Hearing Request - AppalCART – County Manager Nelson stated that AppalCART had requested a public hearing be set by the Board of Commissioners for 9:05 AM on April 7, 2003, at the next Board meeting to allow public comment on it’s application to the North Carolina Department of Transportation Rural Operating Assistance Program (ROAP). Several programs were included in the ROAP application and no local match was required.
 
Commissioner Blust, seconded by Commissioner Trivette, moved to set a public hearing for April 7, 2003, at 9:05 A.M. to allow public comment on AppalCART’s application to the Department of Transportation Rural Operating Assistance Program
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
            B. WAMY Community Action Community Services Block Grant Application – County Manager Nelson stated that each year WAMY Community Action submitted its program budget to the Community Services Block Grant for funding. The office of Economic Opportunity of the North Carolina Department of Health and Human Services required that the proposal be submitted to the Board of Commissioners for review. The County Manager stated that if the Board desired, written comments or suggestions were to be forwarded to the Clerk to the Board for submission to WAMY Community Action.
 
            No Board action was required and none was taken.
 
PUBLIC HEARING – DRAFT ORDINANCE TO REGULATE HIGH IMPACT LAND USES
 
            A public hearing was opened at 7:00 P.M. to allow citizen comment on the proposed Ordinance to Regulate High Impact Land Uses.
 
            Mr. Joe Furman, Planning and Inspections Director, briefly summarized the history of the draft ordinance and stated that the current Ordinance Re-Establishing A Moratorium on Certain High Impact Land Uses expired April 2, 2003.
 
            Twenty (20) citizens spoke requesting various changes to the draft ordinance as presented.
 
            There being no further public comment, Chairman Coffey declared the public hearing closed at 7:50 P.M.
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to adopt the Ordinance to Regulate High Impact Land Uses as written and presented.
 
VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
               Nay-0
               Absent-1 (Hodges)
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the Rules of Procedure for Appeals, Challenges, and Variance Requests under High Impact Land Use Ordinance as presented by Mr. Furman as follows:
 
                                           Watauga County Board of Commissioners – Rules of Procedure
For Appeals, Challenges, and Variance Requests under High Impact Land Use Ordinance
 
  1. These Rules are adopted pursuant to Article V, Section 3 of the High Impact Land Use Ordinance.
  2. Requests for appeals or challenges of decisions of the Ordinance Administrator or for variances shall be made in writing to the Clerk to the Board of Commissioners within twenty (20) days of the final decision of the Ordinance Administrator or notice to the applicant of the decision, whichever is later.
  3. The Ordinance Administrator shall submit a written report to the County Manager on or before the due date for agenda items for the meeting at which an appeal, challenge, or variance request is to be heard.
  4. The County Manager shall place any properly submitted appeal, challenge, or variance request on the published agenda for the Board of Commissioners meeting at which said appeal, challenge, or variance request is to be heard. The Board of Commissioners shall not consider any appeal, challenge, or variance request unless it has first appeared on a published meeting agenda.
  5. The Board of Commissioners shall conduct an evidentiary hearing, open to the public, for consideration of appeals, challenges, or variance requests. Evidence shall be presented by the Ordinance Administrator and the appellant. All evidence shall be presented under oath.
  6. The burden of proof shall be upon the appellant.
  7. The Board of Commissioners shall decide appeals, challenges, and variance requests pursuant to the provisions of Article V of the High Impact Land Use Ordinance.
    VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
                   Nay-0
                   Absent-1 (Hodges)
     
    MISCELLANEOUS ADMINISTRATIVE MATTERS CONT.
     
                C. Discussion of Surplus Property – County Manager Nelson stated that as discussed at the Pre-Budget Retreat, he was instructed to report regarding the surplus property existing to the west of the new Health Department building. The project architect, Mr. Randy Jones, determined that 4.672 acres were surplus. The County Manager presented maps (A, B, and C) that showed potential acreages (3.28, 2.481, and 1.47) that could be declared as surplus and sold through the upset bid process.
     
                The Manager recommended either choice B or C (2.481 or 1.470) in order to assure that there was ample room above the existing walls should repairs ever be needed. The sale of the small tracks prevented any grading that might affect the County property from above.
     
                The County Manager stated that if the Town were to change it’s Uniform Development Ordinance (UDO) requirements prior to construction of the not yet planned, third 20,000 square foot building on the site, additional land might be needed.
     
                The County Manager stated that option C closely resembled the request that Mr. Kivette previously made to the Board regarding this property.
     
                The Board agreed that the County would retain a right of way to the property if sold and instructed the County Manager to order a survey and an appraisal of option B (the 2.481 acre lot).
     
                D. Discussion of Senate Bill 277 – The County Manager stated that Senator Tony Rand had introduced a bill to exempt educational property held by a non-profit entity in trust for a public or private university located in North Carolina, from property tax. This bill was essentially the same one that was introduced last year and was defeated in the House.
     
                The County Manager stated that should this bill pass, it would automatically exempt University Highlands and any like property that Appalachian State University should choose to construct or acquire in a similar fashion.
     
                The Board directed the County Manger to write a letter in opposition to Senate Bill 277 and to forward it to the Legislators, NCACC, and all North Carolina counties and municipalities that are home to universities and/or colleges.
     
                E. Discussion of Joint Meeting with Town of Boone – The County Manager stated that at the Pre-Budget Retreat he was instructed to explore a joint meeting with the Boone Town Council regarding water and sewer issues. The County Manager stated that the Town Manager was of the opinion that if the Council so chose, May 13, 2003, at 5:30 P.M. was a suitable time for that joint meeting.
     
                The Board, by consensus, approved of the May 13, 2003, 5:30 P.M. joint meeting with the Boone Town Council.
     
                F. Discussion of April Board Meeting Schedule – The County Manager stated that the April Board meetings were currently scheduled 8 days apart. The first Monday was April 7th and the third Tuesday was the following week, April 15th. The Manager stated an option was to reschedule the second meeting to Tuesday, April 22, 2003.
     
                By consensus, the Board, agreed to have the second meeting as scheduled on April 15, 2003.
     
                G. Discussion of DOT Scenic Byway Application – The County Manager stated that the Department of Transportation was in the process of reviewing an application submitted by the Committee of 100 requesting that the new Highway 421 (the Doc and Merle Watson Highway) be designated as a scenic byway.
     
                The Board instructed the County Manager to write a letter to the Board of Transportation members and Mr. McCann and Mr. Tomlinson stating that the Watauga County Board of Commissioners did not support the NCDOT designation of scenic byway status to the new Highway 421. The Highway was protected from billboard construction by the County’s designation as scenic under the sign ordinance.
     
                H. Boards and Commissions – The County Manager stated that the Town of Blowing Rock had submitted a recommendation for appointment of Mr. Ronald Mace to the Town of Blowing Rock Planning Board and Board of Adjustment.
     
                Commissioner Blust, seconded by Commissioner Trivette, moved to appoint Mr. Ronald Mace to the Town of Blowing Rock Planning Board and the Blowing Rock Board of Adjustment.
     
    VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
                   Nay-0
                   Absent-1 (Hodges)
     
                D. Announcements – County Manager Nelson announced upcoming events and meetings that Board members may wish to attend.
     
                Due to other events scheduled on April 7, 2003, the next Board meeting date will begin at 8:30 A.M. instead of 9:00 A.M.
     
    PUBLIC COMMENT
     
                Ms. Debra Greene spoke.
     
    CLOSED SESSION
     
                At 8:34 P.M., Commissioner Blust, seconded by Commissioner Honeycutt, moved to enter into Closed Session to discuss Personnel Matters, per G. S. 143-318-11(a)(6).
     
    VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
                   Nay-0
                   Absent-1 (Hodges)
     
                Commissioner Trivette, seconded by Commissioner Blust, moved to resume the open meeting at 9:23 P.M.
     
    VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
                   Nay-0
                   Absent-1 (Hodges)
     
     
    ADJOURN
     
                Commissioner Honeycutt, seconded by Commissioner Blust, moved to adjourn the meeting at 9:23 P.M.
     
    VOTE:    Aye-4 (Coffey, Blust, Honeycutt, Trivette)
                   Nay-0
                   Absent-1 (Hodges)
     
     
                                                                                                    James Coffey, Chairman
    ATTEST:
     
    Anita J. Fogle, Clerk to the Board