MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 15, 2011
The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 15, 2011, at 5:30 P.M. in Courtroom # 1 of the Watauga County Courthouse.
PRESENT: Nathan A. Miller, Chairman
David Blust, Vice-Chairman
Jim Deal, Commissioner
Tim Futrelle, Commissioner
Vince Gable, Commissioner
Four Eggers, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Deputy County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 5:30 P.M.
Commissioner Blust opened the meeting with a prayer and Commissioner Gable led the Pledge of Allegiance.
APPROVAL OF MINUTES
Chairman Miller called for additions and/or corrections to the March 1, 2011, regular and closed session minutes.
Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the March 1, 2011, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the March 1, 2011, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Miller called for additions and/or corrections to the March 15, 2011, agenda.
County Manager Nelson requested to delete Item # 5 as the Hospitality House had secured an alternate location for their proposed garden.
County Manager Nelson requested to add the following under Miscellaneous Administrative Matters: proposed lottery fund applications for the School Board; a proposed FY 2012 pass-through grant application for the Criminal Justice Partnership Program (CJPP); and two additional recommendations under Boards and Commissions.
The County Manager also requested to add Attorney/Client Matters to closed session per G. S. 143-318.11(a)(3).
Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the March 15, 2011, agenda as amended.
VOTE: Aye-5
Nay-0
W.A.M.Y. COMMUNITY ACTION WEATHERIZATION PROGRAM UPDATE
Mr. Andy Bryant, Weatherization Coordinator with W.A.M.Y. Community Action, presented an update on the Agency’s Weatherization Assistance and Heating Appliance Repair and Replacement (HARRP) Programs in Watauga County. Mr. Bryant presented a Quarterly Report detailing each Program’s statistics and stated that an average of $4,227 was spent weatherizing each unit with an annual cost savings of approximately $432 for the homeowner. Eligibility for participation in these programs was based upon family size and income. Currently the Weatherization Assistance Program operated at 200% and HARRP operated at 150% of the poverty guidelines, as published in the federal register, with no costs to the participants.
The report was given for information only and, therefore, no action was required.
PROPOSED LANDFILL METHANE OUTREACH PROGRAM MEMORANDUM OF UNDERSTANDING (MOU)
Ms. Lisa Doty, Recycling Manager, requested approval to enter into a Memorandum of Understanding (MOU) for community partners between Watauga County and the United States Environmental Protection Agency’s Landfill Methane Outreach Program. There was no cost for entering into this Memorandum which could benefit the County in areas of technical support and information in the Landfill Gas to Energy Project which was currently being developed. Ms. Doty requested to be designated as the Landfill Methane Outreach Program (LMOP) Coordinator.
Commissioner Deal, seconded by Vice-Chairman Blust, moved to enter into the Memorandum of Understanding with the United States Environmental Protection Agency’s Landfill Methane Outreach Program at no cost to the County and designate Lisa Doty as the Landfill Methane Outreach Program Coordinator.
VOTE: Aye-5
Nay-0
EMERGENCY MANAGEMENT MATTERS
A. Homeland Security Grant Acceptance Request – Mr. Steve Sudderth, Emergency Management Coordinator, requested the County accept a Homeland Security Grant in the amount of $5,940.59 which was to be used to purchase equipment. Purchases planned with this grant funding included a laptop computer and projector with remaining funds to be used to provide training for local first responders.
Commissioner Gable, seconded by Vice-Chairman Blust, moved to accept grant funds, in the amount of $5,940.59, from the Homeland Security Grant as presented by Mr. Sudderth.
VOTE: Aye-5
Nay-0
B. Grant Acceptance and Pass Through Request for ASU Flood Exercise Funding – Mr. Sudderth presented a second grant in the amount of $7,050 for Appalachian State University (ASU) to conduct a 500 year flood exercise program for emergency management purposes. The grant was to pass through Watauga County to ASU which was to conduct the training in which the County’s Emergency Management Office would also participate.
Mr. Joe Furman defined a 500 year flood as a term used by the Federal Emergency Management Association (FEMA) which indicated that a particular area had a 2/10% chance of flooding. Mr. Furman stated that the term was not regulated; however, it did provide the basis for coverage of some insurances.
Commissioner Gable, seconded by Vice-Chairman Blust, moved to accept the grant and to act as a pass-through agent to deliver the funds to ASU for the training.
VOTE: Aye-5
Nay-0
C. North Carolina Emergency Management Training Request – Mr. Sudderth stated that the North Carolina Emergency Management Agency was offering training to elected officials and staff to explain their roll during an emergency period. If approved, the training was to be held at the Watauga County Emergency Operations Center and dinner was to be provided. The State wished to schedule the training sometime during the month of May or June at the pleasure of the Board. It was anticipated that attendance by members of the Board and staff would enhance Watauga County’s chance for future grant opportunities.
The Board agreed, by consensus, to table further discussion until a future meeting.
ROAD CONSTRUCTION PRIORITY LIST REQUEST
Mr. Joe Furman stated that the High Country Rural Planning Organization (RPO) for transportation had requested that Watauga County submit priorities for road construction projects to be included in the upcoming State Transportation Improvement Program (TIP). Mr. Furman stated that Watauga County’s top three priorities were currently: 1) constructing the Boone Bypass; 2) widening Hwy 194 to four lanes from Perkinsville to Howard’s Creek Road; and 3) widening US 421 N from Boone to Vilas to four lanes. Mr. Furman also stated that Avery County’s # 1 priority was to widen NC Hwy 105 to four lanes from Linville to Boone which would be of great benefit to Watauga County as well.
The Board agreed, by consensus, to table further discussion until a future meeting.
[Clerk’s Note: The following items were presented at this time as the public hearings were not allowed to begin prior to published times.]
PRESENTATION OF SMOKY MOUNTAIN CENTER QUARTERLY AND ANNUAL AUDITED FINANCIAL STATEMENTS
Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center Quarterly and Annual Audited Financial Statements as required by Statute.
Commissioner Futrelle, seconded by Commissioner Deal, moved to accept the reports as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Criminal Justice Partnership Program (CJPP) Grant Application and Annual Contract Request – County Manager Nelson presented the grant application and annual contract for Fiscal Year 2012 services by the Criminal Justice Partnership Program (CJPP) as provided by New River Behavioral Healthcare. Approval was requested for the submission of the grant application, which required no local match, on behalf of Watauga County. A contract between Watauga County and New River Behavioral Healthcare to provide services as specified in the CJPP program was also included in the presentation.
Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the submission of the grant application and the contract with New River Behavioral Healthcare for service provision as specified in the CJPP program.
VOTE: Aye-5
Nay-0
[Clerk’s Note: Miscellaneous Administrative Matters were continued later during the meeting.]
PUBLIC HEARING TO ALLOW FOR CITIZEN COMMENT ON NEW ROAD NAMES
Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on new public/private road names that have been added to the master road name list since the last public hearing.
Vice-Chairman Blust, seconded by Commissioner Gable, moved to declare the public hearing open at 6:02 P.M.
VOTE: Aye-5
Nay-0
Mr. Joe Furman, Planning and Inspections Director, presented the following list of new road names: Maxon Farm Road, Evening View Lane, Overtheway Drive, Tuscany Ridge, and Valero Drive.
There being no public comment, Vice-Chairman Blust, seconded by Commissioner Gable, moved to declare the public hearing closed at 6:04 P.M.
VOTE: Aye-5
Nay-0
Commissioner Gable, seconded by Vice-Chairman Blust, moved to adopt the road names as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW FOR CITIZEN COMMENT ON A PROPOSED AMENDMENT TO THE WATAUGA EROSION CONTROL ORDINANCE
Mr. Furman stated that a public hearing had been scheduled to allow citizen comment on an amendment to the Watauga County Erosion Control Ordinance as required by the North Carolina Department of Environment and Natural Resources.
Commissioner Gable, seconded by Commissioner Futrelle, moved to declare the public hearing open at 6:06 P.M.
VOTE: Aye-5
Nay-0
Mr. Furman reviewed the amendment which was in Section 7(b) of the ordinance as follows:
change “15 working days or 30 calendar days of completion of any phase of grading, which-ever period is shorter...” to “21 calendar days of completion of any phase of grading….”
There being no public comment, Commissioner Deal, seconded by Chairman Miller, moved to declare the public hearing closed at 6:07 P.M.
VOTE: Aye-5
Nay-0
Commissioner Gable, seconded by Commissioner Futrelle, moved to adopt the Watauga County Erosion Control Ordinance as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW FOR CITIZEN COMMENT ON A RESOLUTION ORDERING THE REFERENDUM FOR AND DEDICATING THE PROCEEDS FROM A QUARTER-CENT LOCAL OPTION SALES TAX FOR THE RETIREMENT OF DEBT IN WATAUGA COUNTY
Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on the proposed quarter-cent local option sales tax. Chairman Miller stated that the public hearing would be held for up to two hours and each citizen would be allowed two minutes to speak.
After each Board member shared their comments regarding the local option sales tax, Vice-Chairman Blust, seconded by Commissioner Gable, moved to open the public hearing at 6:21 P.M.
VOTE: Aye-5
Nay-0
The following citizens advocated for the sales tax referendum sharing their preference that the additional revenue to be used to assist the school system due to expected State budget cuts:
Marty Hemric
Deborah Miller
Mitchell Rick
Christy Welch
Elizabeth Collins
Dakota Harmon
Mark Hagaman
Virginia Spainhour
Gail Bedell
Alison Idol
Terry Gunnell-Beck
Jenny McCourry
Jessie Presnell
Kim James
Anna Welsh
Sharon Brietenstein
John Cook
Dana Holden
Alan Felker
Teresa Greene
Sherri Jaquays
Leslie Howser
Sarah Herman
Kristin Millsaps
Betsy Krause
Billie Hicklin
Clarissa Schmal
Michael Wyant
Randy Bentley
Mike Combs
Denise Lovin
Heidi Campbell
Karen Criminger
Patti Sjostranq
Jason Triplett
Donna Akers
Harry Gandy
Wayne Eberle, II
Phillip Griffith
Victor Mansure
The following citizen advocated for the sales tax referendum to have the option of revenue if needed: Wayne Green
The following citizen stated a preference that, prior to calling for a referendum, legislation be acquired that would allow for an ending date to be set to the local option sales tax: Bill Moretz
The following citizens were opposed to the sales tax referendum: Karen Carter and Deborah Greene
There being no further public comment, Commissioner Deal, seconded by Vice-Chairman Blust, declared the public hearing closed at 7:48 P.M.
VOTE: Aye-5
Nay-0
The Chairman called for a break at the close of the public hearing and the meeting resumed at 8:07 P.M.
After the break, Vice-Chairman Blust, seconded by Commissioner Gable, moved to rescind the resolution adopted at the March 1, 2011, regular meeting calling for a referendum for a quarter-cent local option sales tax.
After very lengthy discussion, the following vote was taken on the above motion:
VOTE: Aye-3(Miller, Blust, Gable)
Nay-2(Deal, Futrelle)
County Manager Nelson suggested drafting a resolution to adopt at the end of the meeting which would officially rescind the previous resolution. The County Attorney agreed that the resolution was necessary to rescind the previous resolution.
TAX MATTERS
A. Proposed Resolution Scheduling the Octennial Reappraisal – Tax Administrator Kelvin Byrd presented a resolution which, if adopted, was to rescind the resolution which established the reappraisal schedule for January 1, 2012 and set it to be effective January 1, 2014.
Commissioner Futrelle, seconded by Chairman Miller, moved to adopt the resolution setting the reappraisal schedule for January 1, 2014 as presented.
VOTE: Aye-5
Nay-0
B. Requested Resolution to Authorize the Upset Bid Process for Surplus Land Sale – Mr. Byrd presented a resolution authorizing the sale of the following surplus County-owned tax foreclosed properties: Parcel ID # 1889-97-9259-000 (.295 acres - Hound Ears Lot 19, Section 7) and Parcel ID # 1889-97-8363-000 (.334 acres – Hound Ears Lot 20, Section 7). Mr. Byrd stated that he currently had an “as-is” offer to purchase from Ms. Elaine Richards in the total amount of $10,200 ($5,100 for each parcel)
County Attorney Eggers stated that, after review and due to the fact that there were existing bids on the parcels, the best type of sale was the upset bid process.
If adopted, the resolution was to begin the sale process with the final sale to be brought back to the Board for consideration. The Board had the ability to accept or reject any and all offers at any time throughout the upset bid process.
Commissioner Deal, seconded by Vice-Chairman Blust, moved to adopt the resolution authorizing the upset bid process for County-owned Parcel ID #’s 1889-97-9259-000 and 1889-97-8363-000 as presented.
VOTE: Aye-5
Nay-0
C. Discussion of Board of Equalization and Review Schedule – Mr. Byrd presented proposed dates for the convening and adjourning of the FY 2011 Board of Equalization and Review (E&R).
After discussion, Vice-Chairman Blust, seconded by Commissioner Futrelle, moved to:
· appoint the Board of Commissioners as members and County Manager Nelson and Deputy County Manager Geouque as alternate members to the FY 2011 Board of Equalization and Review (E&R); and
· set the rate for E&R members at $75.00 per meeting; and
· set the meeting to convene the Board of E&R for April 19, 2011, 4:45 P.M. to 6:45 P.M.; and
· set the meeting to adjourn the Board of E&R for April 21, 2011, 4:00 P.M. to 6:00 P.M.
VOTE: Aye-5
Nay-0
Tax Administrator Byrd also requested that Board members forward dates and times available to set meetings for the Board of E&R to hear the appeals filed.
MISCELLANEOUS ADMINISTRATIVE MATTERS
[Clerk’s Note: Miscellaneous Administrative Matters was continued from earlier in the meeting prior to the public hearings.]
B. Board of Education Request to Apply for NC Lottery Funds – County Manager Nelson stated that the Board of Education had requested three applications for funds from the Education Lottery Building Capital Fund to be used for the following projects:
· Replacement of the air handler units in the main building at Hardin Park Elementary School in the amount of $313,425 with an estimated project beginning date of June 2011 and an estimated project completion date of August 2011.
· Replacement of the boiler at Hardin Park Elementary School in the amount of $35,175 with an estimated project beginning date of June 2011 and an estimated project completion date of August 2011.
· Surfacing and paving the entire new parking lot at the old pool site at Green Valley Elementary School in the amount of $78,750 with an estimated project beginning date of June 2011 and an estimated project completion date of August 2011.
Chairman Miller, seconded by Vice-Chairman Blust, moved to approve the three Education Lottery Funding applications as requested.
VOTE: Aye-5
Nay-0
C. Sheriff’s Office Requested Award to Retiring Officers – County Manager Nelson stated that, per G. S. 20-187.2, governing bodies of law enforcement agencies were allowed to award a retiring member their service side arm at a price determined by the governing body. Law enforcement personnel may retire at age 55 with 25 years of credible service with full retirement benefits. The County Manager stated that the Sheriff’s Office requested to award Sergeant Allen Stout, who retired February 1, 2011, and Lieutenant Billy Grimes, who was to retire April 1, 2011, their respective side arms and badges and requested that the Board set the price of the side arms at $1 each.
Commissioner Gable, seconded by Commissioner Deal, moved to award Sergeant Allen Stout and Lieutenant Billy Grimes their respective side arms and badges upon retirement at a set price of $1 for each side arm.
VOTE: Aye-5
Nay-0
D. Discussion on Town of Boone’s Request to Receive an Automatic External Defibrillator – County Manager Nelson stated that the County had recently provided several Volunteer Fire Departments with Automatic External Defibrillators (AEDs). Since that time, the Town of Boone has requested an additional AED be provided to the Boone Rural Fire Service District.
Commissioner Gable stated that he had spoken with a representative from the Town of Boone Fire Department who had assured him that the AED would be used in the County truck servicing the Boone Rural Fire Service District.
Commissioner Gable, seconded by Commissioner Futrelle, moved to direct staff to purchase Automatic External Defibrillator (AED) for the Town of Boone Fire Department to be used in the Boone Rural Fire Service District.
VOTE: Aye-5
Nay-0
E. Proposed Rural Center Grant Agreement Amendment # 3 for the Boone/Blowing Rock Interconnection Project – County Manager Nelson presented an amendment to the Rural Center contract, which was a grant that passed through the County to help with the construction of the Boone/Blowing Rock emergency water interconnect. The proposed amendment added three months to the final completion date to give staff ample time to close out the project.
Chairman Miller, seconded by Vice-Chairman Blust, moved to approve Amendment # 3 to the Rural Center Grant Agreement for the Boone/Blowing Rock Emergency Interconnect Project.
VOTE: Aye-5
Nay-0
F. Boards and Commissions – The County Manager stated that the Town of Boone had vacancies for one member and two alternates for Extra-Territorial Jurisdiction (ETJ) representation on the Boone Board of Adjustment. The Town of Boone recommended the appointment of Dr. Harvard Ayers to be the ETJ representative. The County Manager stated that Mr. Wayne Green, who did not live within the ETJ area, had requested to fill one of these positions and there was a process for appointing someone outside of the ETJ area as the County’s ETJ representative if suitable members could not be found within the ETJ.
The County Manager stated that the Town of Boone had also recommended the appointment of Rev. Thomas Brown as the ETJ representative to their Planning Board. If appointed, Rev. Brown’s term was to expire June 30, 2014.
County Attorney Eggers stated that any motion appointing Mr. Green needed to include that the Board was unable to find a suitable person that resided within the ETJ area to fill the position.
Commissioner Futrelle, seconded by Commissioner Gable, moved to appoint to the Boone Board of Adjustment Dr. Harvard Ayers as the ETJ representative and Mr. Wayne Green as the ETJ alternate as the Board was unable to find a suitable person that resided within the ETJ area to fill the position.
Discussion was held regarding whether any attempts had been made on the County’s part to find an alternate for the Boone Board of Adjustment within the ETJ area.
Also, Chairman Miller stated that he planned to recommend appointing Mr. Rick Woods as the regular member to the Boone Board of Adjustment.
Commissioner Futrelle amended his motion to include appointing Mr. Rick Woods as the regular ETJ member and Dr. Harvard Ayers and Mr. Wayne Green as the ETJ alternates as the Board was unable to find a suitable person to fill the position that resided within the ETJ area.
Commissioner Gable withdrew his second to the motion and, therefore, Commissioner Deal seconded Commissioner Futrelle’s amended motion.
After further discussion, the following vote was taken:
VOTE: Aye-2(Deal, Futrelle)
Nay-3(Miller, Blust, Gable)
By consensus, the Board agreed to table further discussion regarding appointments to the Boone Board of Adjustment and the Boone Planning Commission until a future meeting and directed staff to advertise the availability of the ETJ positions.
County Manager Nelson stated that the Town of Boone had recommended the appointment of Mr. Rick Campbell as their representative on the Watauga County Recreation Commission. If appointed, Mr. Campbell’s term was to expire December 31, 2013.
County Manager Nelson stated that the Town of Seven Devils had recommended the appointment of Ms. Anne Fontaine as their representative on the Watauga County Recreation Commission. If appointed, Ms. Fontaine’s term was to expire December 31, 2013.
Commissioner Deal, seconded by Commissioner Futrelle, moved to appoint Mr. Rick Campbell, as the Town of Boone’s representative, and Ms. Anne Fontaine, as the Town of Seven Devil’s representative, to the Watauga County Recreation Commission with both terms to expire December 31, 2013.
VOTE: Aye-4(Miller, Deal, Futrelle, Gable)
Nay-0
Absent-1(Blust)
[Clerk’s Note: Vice-Chairman Blust had momentarily stepped out of the meeting and, therefore, was not present when the above vote was taken.]
County Manager Nelson stated that there were two vacancies on the Voluntary Farmland Preservation Committee and that Mr. Kelly Coffey and Mr. Joe McNeil had been recommended to fill those positions.
The above recommendations were first readings and, therefore, no action was required at this time.
G. Announcements – County Manager Nelson announced that the next Intergovernmental Retreat was scheduled for Monday, March 28, 2011, at 5:00 P.M. at the Broyhill Inn and Conference Center.
County Manager Nelson announced that the Board was invited to attend the Project on Aging Annual Volunteer Recognition Breakfast which was to be held on April 14, 2011, from 8:30 A.M. to 10:30 A.M.
PUBLIC COMMENT
Ms. Deborah Greene spoke regarding the County’s budget.
CLOSED SESSION
At 9:15 P.M., Commissioner Deal, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6) and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Gable, seconded by Chairman Miller, moved to resume the open meeting at 10:02 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Chairman Miller read a proposed resolution which was to officially rescind the resolution calling for a referendum for a quarter-cent local option sales tax.
Commissioner Gable, seconded by Chairman Miller, moved to adopt the resolution as presented.
VOTE: Aye-3(Miller, Blust, Gable)
Nay-2(Deal, Futrelle)
ADJOURN
Chairman Miller adjourned the meeting at 10:07 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board