MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 2, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 2, 2013, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Perry Yates, Commissioner
Stacy Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 8:31 A.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the March 19, 2013, regular meeting and closed session minutes.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the March 19, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Miller tabled consideration of the closed session minutes to allow for review of proposed amendments.
Approval of Agenda
Chairman Miller called for additions and/or corrections to the April 2, 2013, agenda.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the April 2, 2013, agenda as presented.
VOTE: Aye-5
Nay-0
Watauga County Arts Council Proposal
Ms. Cherry Johnson, Director of the Watauga County Arts Council (WCAC), and Ms. Pat Lanno, President of the Art Council Board of Directors, presented a request to lease County-owned property, along with their partners, the Michael Patricelli Craft Enrichment Program and the Community Music School. The property, located at 377 Shadowline Drive, was intended to establish the Blue Ridge ArtSpace which would house activities such as visual arts galleries, art and music classes, and a gift shop.
The proposed terms of the lease were presented as follows:
· Premises: 377 Shadowline Drive in Boone, NC.
· Term: The initial term would be for 5 years, with an option to renew every 5 years.
· Rental Rate: A nominal rate of $1 per year.
· Security Deposit: Unless requested, there would be no security deposit.
· Right of First Refusal: For as long as WCAC is a tenant in the building, it would have the right to purchase the building if it is offered for sale.
· Option to Purchase: For as long as WCAC is a tenant, WCAC would have the option to purchase the property at fair market value, to be based on a valid appraisal.
· Utility Bills: WCAC would be responsible for all utilities associated with the premises.
· Use of Premises: The use of the premises shall be limited to meetings, events and activities that are typically associated with the operation of the WCAC as well as its co-tenants.
· Tax and Insurance: WCAC would be responsible for any ad valorem taxes assessed against the property or its contents and for maintaining liability insurance for its use of the building and will hold harmless and indemnify Watauga County for any claims associated with its use of the building.
· Repairs by Landlord: Watauga County shall be responsible for the following repairs and maintenance: The upkeep and maintenance of the exterior including the parking lot, exterior structural components, heat pumps, and grounds.
· Repairs by Tenant: WCAC shall be responsible for the following repairs and maintenance: The upkeep and maintenance of all aspects of the interior including cleaning and minor repairs.
· Alterations: WCAC shall be entitled to make alterations to the interior of the building provided they are approved in writing by the County, approval not to be unreasonably withheld.
· Removal of Fixtures: WCAC shall have the right to remove fixtures which they have installed for their own purposes at the end of the lease.
· Assignment and Subletting: WCAC shall have the right to sublet the space to non- profit organizations organized under the laws of North Carolina, which are operating in Watauga County, and which serve the citizens of Watauga County.
WCAC currently occupied space in a building donated by The Winkler Organization; however, that space has been leased and the Arts Council has been given until April 15, 2013, to vacate the premises. The WCAC also currently leased office space at the Appalachian Enterprise Center for $195 per month. That lease was set to expire in May 2013.
County Attorney Eggers stated that there was a process to carry out when leasing County-owned property to a non-profit which included advertising the terms of the lease. The County Attorney stated that the Board could not guarantee a first right of refusal nor an option to purchase as the sale of the property would require the upset bid process.
Chairman Miller stated that he would like to see the WCAC be responsible for all repairs and maintenance, inside and outside of the building. The Chairman stated that the County should have final approval of any and all subleases. The Chairman also questioned whether the venue would meet Town of Boone codes.
Ms. Johnson clarified that the WCAC intended to partner with rather than sub-let to the Michael Patricelli Craft Enrichment Program and the Community Music School. Chairman Miller stated a preference to have each entity sign the lease with the County.
Based on the analysis for the County’s current lease to the USDA, the going rate for office space was between $10 and $18 a square foot. The County has historically budgeted funds to the WCAC of which Chairman Miller questioned whether the lease could be in lieu of those funds. Ms. Johnson stated that those funds were used as a local match for grass roots grants.
With the WCAC having a vacate date of April 15, 2013, and the next Board of Commissioners meeting being April 16, 2013, discussion was held regarding the possibility of the WCAC being able to move boxes into the building prior to obtaining an official lease with the County.
County Attorney Eggers stated that a tenancy at will could be drawn as a Short Stop Gap Agreement which would allow the WCAC to move items into the building prior to official approval of the lease; however, the WCAC would have to vacate the property if the lease fell through.
County Manager Geouque stated that, although several people have inquired about and toured the building, no offers had been made to purchase the property. The building was in relatively good shape with a good roof but did require some regular maintenance.
[Clerk’s Note: No action was taken regarding the Arts Council occupying the building prior to an official lease being approved at this time.]
Commissioner Yates, seconded by Commissioner Kennedy, moved to direct the County Attorney to draft a two-year lease with Watauga County Arts Council incorporating the concerns shared by the Commissioners to be presented at the April 16, 2013, Board meeting for consideration.
VOTE: Aye-5
Nay-0
Proposed Amendments to the Watauga County Emergency Operations Plan
Mr. Jeff Virginia, Communications and Emergency Services Director, presented proposed amendments to the Watauga County Emergency Operations Plan (EOP) originally adopted in 1998. Updates to the EOP include the removal of the Blowing Rock Police Department Communications Center, population changes based on recent census data, and the addition of several media outlets.
Chairman Miller stated that the mental health service provider needed to be changed to Daymark Recovery Systems and requested to add the High Country Press to the list of media outlets.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the Watauga County Emergency Operations Plan as amended including listing Daymark Recovery Systems as the local mental health provider and adding High Country Press to the list of media outlets.
VOTE: Aye-5
Nay-0
Planning and Inspections Matters
A. Acceptance of Community Development Block Grant (CDBG) 2012 Scattered Site Housing Program Grant Funds
Mr. Joe Furman requested acceptance of Community Development Block Grant (CDBG) funds in the amount of $225,000 for the 2012 Scattered Site Housing Program. The Board had previously approved submitting the application for the funding.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the Community Development Block Grant (CDBG) 2012 Scattered Site Housing Program funds in the amount of $225,000.
VOTE: Aye-5
Nay-0
B. Proposed Amendments to the Watauga County Sign Ordinance
Mr. Furman presented proposed amendments to the Watauga County Sign Ordinance as recommended by the Planning Board. The amendments included accommodating agricultural business signage in conjunction with recent proposed changes to the Farmland Preservation Plan.
Chairman Miller requested that additional consideration be given to amending Section E. 1. to allow billboards on off-site premises. Mr. Furman stated that the Ordinance was amended in 2009 banning future billboards; however, prior to that time the Ordinance had allowed billboards following North Carolina Department of Transportation guidelines.
Mr. Furman stated that the Board could recommend changes to the proposal, remand the ordinance back to the Planning Board for further consideration, or schedule a public hearing after which the ordinance could be adopted as presented or amended further.
Commissioner Yates, seconded by Commissioner Kennedy, moved to remand the Ordinance back to the Planning Board for further consideration regarding the provision for billboards following North Carolina Department of Transportation guidelines.
VOTE: Aye-5
Nay-0
Tax Matters
Tax Matters was tabled until the end of the meeting to allow for time to review the reports.
Proposed Resolution to Protect the Parks and Recreation Trust Fund (PARTF)
Mr. Stephen Poulos, Parks and Recreation Director, presented a resolution requesting the North Carolina General Assembly maintain the dedicated revenues generated by the seventy-five cents deed stamp tax for the Parks and Recreation Trust Fund (PARTF). County projects such as Rocky Knob Park, Brookshire Park, the Watauga County Recreation Complex, and athletic facilities at the old high school site received funding through PARTF grants.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the resolution as presented by Mr. Poulos.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
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103586-332006 |
Senior Health Information Program |
|
$1,000 |
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105550-449901 |
Senior Health Information Program |
$1,000 |
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The amendment recognized the receipt of North Carolina Senior Medicare Patrol (NCSMP) grand funds to conduct two (2) group education outreach events on how to read a Medicare Summary Notice. |
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Account # |
Description |
Debit |
Credit |
|
103612-361280 |
Special Programs |
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$19,020 |
|
106128-412600 |
Salaries – Part Time |
$15,000 |
|
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106128-418100 |
FICA Expense |
$1,250 |
|
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106128-418600 |
Worker’s Comp. |
$315 |
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106128-431101 |
Travel – Contracted |
$1,150 |
|
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106128-439500 |
Employee Training |
$50 |
|
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106128-469500 |
Contracted Services |
$655 |
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The amendment recognized the increase in the enrollment of the Fun in the Sun summer camp and the associated revenues and expenditures. |
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Account # |
Description |
Debit |
Credit |
|
105911-470008 |
ADM – Hardin Park Roof |
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$13,643 |
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105911-470007 |
ADM – Parkway School Roof |
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$10,150 |
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103300-349910 |
NC ADM Capital Fund |
$23,793 |
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105911-470006 |
Cove Creek Roof Replacement |
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$107 |
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103300-349909 |
NC Lottery Funds |
$107 |
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The amendment reverted funds not needed on completed school capital projects funded with ADM or Lottery revenue per the Watauga County Board of Education report submitted to the NC DPI. |
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Commissioner Yates, seconded by Commissioner Welch, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Announcements
County Manager Geouque announced the following:
· Blue Ridge Electric Membership Corporation’s 2013 Community Leaders Council spring luncheon is scheduled for Thursday, April 11, 2013, at the Meadowbrook Inn in Blowing Rock at 12:00 P.M.
· The 2013 Watauga County Economic Development Summit is scheduled for Wednesday, April 17, 2013, from 1:00 to 5:00 P.M. at the Blowing Rock Art and History Museum in Downtown Blowing Rock.
· The Watauga County Tourism Development Authority is holding a Grand Opening for Rocky Knob Park on Saturday, April 27, 2013, from 1:00 P.M. to 5:00 P.M. The ceremony will begin at 3:30 P.M. and barbeque will be served at 4:00 P.M.
· Public hearings will be held on Tuesday, April 16, 2013, beginning at 6:00 P.M. to allow citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Program Ordinance as well as proposed amendments to the Watauga County Farmland Preservation Plan.
· A public hearing will be held on Tuesday, May 21, 2013, to allow citizen comment on the possible dissolution of the Social Services Board.
Public Comment
Mr. Mark Hagaman presented a petition asking the Board of Commissioners for a continuing ban on Sunday hunting; including bow, muzzleloader, and rifle hunting.
Dr. Andrew Mason shared concerns and requested that the Board of Commissioners not reallocate the distribution of sales tax.
Vice-Chairman Blust stated that the Governor and Secretary of Crime Control planned to visit Watauga County on April 17, 2013, to hold discussions regarding school safety. A meeting with local officials was scheduled at 4:15 P.M. in the cafeteria at Watauga High School. A Talking Forum was also scheduled from 5:30 to 7:30 P.M. in the High School auditorium to allow for comments from the public (parents, students, etc.)
Commissioner Welch announced that Dylan Russell, who attended Mabel School and Watauga High School, was recently elected as the Appalachian State University Student Government Association President.
Closed Session
At 9:48 A.M., Commissioner Kennedy, seconded by Commissioner Yates, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 10:37 A.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Sesssion
Land Purchase
Chairman Miller stated that the Board had negotiated a contract with Ms. Deborah Earp Greene to purchase approximately one hundred ninety-nine (199+/-) acres on HWY 194 for an amount of $1,700,000 with a due diligence period of five months for the potential development of a Class A Commerce Park.
County Attorney Eggers stated that the contract gave the County the discretion to withdraw from the purchase during the five-month due diligence period and receive back the $50,000 earnest money held in a trust fund with Eggers, Eggers, Eggers & Eggers Law Firm, PLLC. Unless the County withdrew during the five-month period, the sale of the property had to be closed with in thirty days after the completion of the due diligence period.
After discussion, Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the contract with Deborah Earp Greene for the purchase of the property in Deed Reference Book 1524, Page 211, Watauga County consisting of approximately 199 acres as presented including a purchase amount of one million seven hundred thousand dollars ($1,700,000) with fifty thousand dollars ($50,000) in earnest money with all funds to be allocated from the County’s unassigned fund balance.
After further discussion, the following vote was taken:
VOTE: Aye-5
Nay-0
Commissioner Welch, seconded by Commissioner Kennedy, moved to authorize staff to begin the due diligence process on the Deborah Earp Greene property.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of March 2013. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the following Refunds and Releases for March 2013 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for March 2013, as presented.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adjourn the meeting at 10:54 A.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board