MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 16, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 16, 2013, at 5:30 P.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 5:34 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the March 19, 2013, closed session minutes and the April 2, 2013, regular meeting and closed session minutes.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the March 19, 2013, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the April 2, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Miller tabled consideration of the April 2, 2013, closed session meeting minutes to allow for review of proposed amendments.
Approval of Agenda
Chairman Miller called for additions and/or corrections to the April 16, 2013, agenda.
County Manager Geouque requested to add, per Commissioner request, consideration of a proposed resolution upholding the ban of Sunday hunting in Watauga County.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the April 16, 2013, agenda as amended.
VOTE: Aye-5
Nay-0
Request for Approval of the Watauga County Comprehensive Transportation Plan
Mr. Phil Trew, High Country Council of Governments Planning Director, presented a proposed resolution officially approving the Watauga County Comprehensive Transportation Plan (CTP) which was presented to the Board at the April 2, 2013, regular meeting. The Watauga County Economic Development Commission also endorsed the plan as presented.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt a resolution officially approving the 2013 Watauga County Comprehensive Transportation Plan.
VOTE: Aye-5
Nay-0
Claybough Foundation Grant Request
Mr. Jim Atkinson, Department of Social Services Director, stated that a notification of award was recently received for a $3,000 grant from the Claybough Foundation. Mr. Atkinson requested the Board accept the grant funds. No local match was required and the grant funds were to be used in the Department of Social Services’ Adult Services Emergency Fund to meet crisis situations, including medical, housing, and transportation needs.
Commissioner Kennedy, seconded by Commissioner Yates, moved to accept the $3,000 in grant funds from the Claybough Foundation as requested.
VOTE: Aye-5
Nay-0
Proposed 2013 Home and Community Care Block Grant (H&CCBG) Funds Reduction and Budget Revision Requests
Ms. Angie Boitnotte, Project on Aging Director, was recently notified by the High Country Area Agency on Aging that the County’s Home and Community Care Block Grant (H&CCBG) Allocation for the FY 2013 was to be reduced by $3,302 due to the Federal Government’s Sequestration. Ms. Boitnotte presented a budget amendment in which congregate nutrition, home delivered meals, and Title III-B services were reduced $1,467, $489, and $1,346, respectively.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the Home and Community Care Block budget revisions as requested.
VOTE: Aye-5
Nay-0
Presentation of Smoky Mountain Center Quarterly Reports
Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center quarterly reports as required by Statute.
This report was for information only and, therefore, no action was required.
Board of Equalization and Review (E&R) Schedule
Mr. Larry Warren, Tax Administrator, presented the following proposed schedule for the FY 2013 Board of Equalization and Review (E&R) meetings:
· Monday, April 29, 2013, from 4:00 P.M. to 7:00 P.M. (convene)
· Tuesday, April 30, 2013, from 4:00 P.M. to 7:00 P.M.
· Monday, May 6, 2013, from 4:00 P.M. to 7:00 P.M. (adjourn)
The Board of E&R consists of the five Commissioners unless amended by resolution. A proposed resolution was presented which incorporated the County Manager to serve as an alternate member for those times in which a quorum might not be available.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the resolution establishing the Board of Equalization and Review as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the meeting dates of the Board of Equalization and Review as presented by Mr. Warren.
VOTE: Aye-5
Nay-0
Public Hearings
A. To Allow Citizen Comment on Proposed Amendments to the Watauga County Farmland Preservation Plan
Commissioner Welch, seconded by Vice-Chairman Blust, moved to declare the public hearing open at 6:11 P.M. to allow citizen comment on proposed amendments to the Watauga County Farmland Preservation Plan.
VOTE: Aye-5
Nay-0
There being no public comment, Chairman Miller declared the public hearing closed at 6:11 P.M.
Realizing a citizen had signed up to speak, the Chairman requested the public hearing be reopened.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to reopen the public hearing at 6:13 P.M.
Ms. Deborah Greene shared her comments regarding the proposed plan.
Mr. Jim Hamilton, Cooperative Extension Director, had presented the changes and recommendations to the Board at a previous meeting and reiterated that the plan consisted of recommendations the County could explore regarding the preservation of farmland. Mr. Hamilton stated that several of the recommendations were already being carried out through Cooperative Extension and the Soil and Water Conservation District. Mr. Hamilton also emphasized that the plan would not affect nor was used to determine the property tax values for farmland.
There being no further public comment, Chairman Miller declared the public hearing closed at 6:28 P.M.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the Watauga County Farmland Preservation Plan as presented.
VOTE: Aye-5
Nay-0
B. To Allow Citizen Comment on Proposed Amendments to the Watauga County Voluntary Farmland Preservation Program Ordinance
Commissioner Kennedy, seconded by Vice-Chairman Blust, declared the public hearing open at 6:29 P.M. to allow citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Program Ordinance.
VOTE: Aye-5
Nay-0
The proposed amendments were as follows:
PROPOSED AMENDMENTS (deletions and additions):
“ARTICLE VI
QUALIFICATIONS AND CERTIFICATION OF FARMLAND
Section 600. Requirements
. . .
(2) Is participating in the farm present-use-value taxation program established by G.S. 105-277.2 through 105-277.7 or is otherwise determined by the county to meet all the qualifications of this program set forth in G.S. 105-277.3; The farmland shall be engaged in agriculture (as that word is defined in NC G.S. 106-581.1.)
(3) The property shall be certified by the Natural Resources Conservation Service of the United States Department of Agriculture, in consultation with the Cooperative Extension office, Watauga County Soil and Water District, and the Farm Service Agency, as being a farm on which at least two-thirds of the land is composed of soils that: . . . “
There being no public comment, Chairman Miller closed the public hearing at 6:29 P.M.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the amended Watauga County Voluntary Farmland Preservation Program Ordinance as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Watauga County Arts Council Lease Proposal
County Manager Geouque presented a lease, drafted by the County Attorney, between the County and the Watauga County Arts Council (WCAC) for County-owned property located at 377 Shadowline Drive. The WCAC planned to establish the Blue Ridge ArtSpace at the property. Activities such as visual arts galleries, art and music classes, and a gift shop are planned for the space.
County Attorney Eggers reviewed amendments to the lease as proposed by the WCAC of which the Board was agreeable with the exception of sub-letting the property. The Board wished to have the final approval of any sub-leases at the property.
If agreeable to the lease, a resolution by the Board authorizing the execution of the lease had to be adopted at a regular Board meeting upon 10 days' public notice. Notice shall be given by publication describing the property to be leased, stating the annual lease payments, and announcing the Board's intent to authorize the lease at its next regular meeting.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to tentatively approve the lease as amended by the Watauga County Arts Council except that the Board of Commissioners would retain the final approval of any and all sub-leases.
VOTE: Aye-5
Nay-0
County Attorney Eggers stated approval would come back to the Board at the next meeting after the adoption of the resolution authorizing the execution of the lease.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the resolution authorizing the execution of the lease and to direct staff to provide public notice of the Board’s intent to lease the property at 377 Shadowline Drive for one dollar ($1) a year for a two (2) year period to the Watauga County Arts Council, to be approved at the Board’s regularly scheduled meeting on May 7, 2013.
VOTE: Aye-5
Nay-0
B. Watauga Solar Lease Amendment
County Manager Geouque presented a proposed amendment to the County’s lease with Watauga Solar to reflect the need for insurance to be in place only when the company determined it feasible to construct their project at the old landfill and were required to be on County property for review, analysis, or construction. The amended lease was drafted by the County Attorney.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Watauga Solar lease amendment as prepared by the County Attorney.
VOTE: Aye-5
Nay-0
C. Consideration to Change Sales Tax Distribution from Per Capita to Ad Valorem
Chairman Miller presented a proposed resolution selecting the ad valorem method for sales tax distribution. Information was provided detailing the difference in sales tax revenues received by the County and its municipalities based on the method (ad valorem versus per capita) selected for sales tax distribution.
If the County changed from the per capita method to the ad valorem method, the County would realize a reduction of approximately $1,069,239 based on the County losing approximately $182,252 in sales tax revenue and the required distribution of approximately $886,987 from the County’s portion of the sales tax amount to the County fire districts. Currently under the per capita method distribution the County was not required to provide sales tax revenues to the fire districts. However, the Towns of Beech Mountain, Blowing Rock, and Seven Devils each adopted resolutions holding the County harmless based upon the reallocation of sales tax revenues to an ad valorem method. Those Towns would provide, as part of their budgetary process, an amount equal to sixty percent (60%) of the increase in gross revenues accruing to the Towns over and above the amount which would have been realized under the per capita method. A net increase of approximately $400,000 to $550,000 was projected with the Towns contributing sixty percent (60%) of the increase in gross sales tax revenues to the County.
Each Commissioner shared comments regarding the proposed resolution including its effect on the Town of Boone.
After lengthy discussion, Vice-Chairman Blust, seconded by Commissioner Yates, moved to adopt the resolution as presented.
After further lengthy discussion, Commissioner Yates called for the question.
VOTE: Aye-3(Miller, Blust, Yates)
Nay-2(Kennedy, Welch)
D. Proposed Resolution Requesting the Ban on Sunday Hunting be Upheld in Watauga County
County Manager Geouque presented a proposed resolution requesting the North Carolina General Assembly to exempt Watauga County from Senate Bill 224 and keep in place the 144 year ban on Sunday hunting with a shotgun, rifle, or pistol.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
E. Boards & Commissions
County Manager Geouque stated that the Watauga County Library Board had made the following recommendations for appointment to the local Library Board: Ms. Ala Sue Moretz be appointed for a new term ending August 2017 and Ms. Sue Poorman be appointed to complete an unexpired term that will end August 2015.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to waive the second reading and appoint, to the Watauga County Library Board, Ms. Sue Poorman to fill an unexpired term ending August 2015 and Ms. Ala Sue Moretz for a new term ending August 2017.
VOTE: Aye-5
Nay-0
F. Announcements
County Manager Geouque announced the following:
· The Governor and Secretary of Crime Control plans to visit Watauga County on April 17, 2013, to hold discussions regarding school safety.
Vice-Chairman Blust stated that the meeting with local officials scheduled at 4:15 P.M. was by invitation only; however, 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.)
· 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 Grand Opening of Rocky Knob Park will be held on Saturday, April 27, 2013, from 1:00 until 5:00 P.M. A Ribbon Cutting Ceremony will be held at 3:30 P.M. and barbeque will be served at 4:30 P.M.
· Community Pride Week will be held April 29 – May 4, 2013. The week will conclude on May 4 with Household Hazardous Waste Day at the County Landfill from 9:00 A.M. until 2:00 P.M. and Operation Medicine Cabinet at the three local Food Lion locations as well as Foscoe Fire Department from 10:00 A.M. until 2:00 P.M.
· The Watauga Humane Society had requested a meeting with the Board regarding their budget. The County Manager stated that he had informed the Humane Society of the public hearing for the FY 2014 budget.
Public Comment
Dr. Andrew Mason shared concerns regarding the reallocation of the distribution of sales tax.
Ms. Andrea Capua had signed up to speak but was not present during the public comment period.
Ms. Deborah Greene shared concerns regarding the sale of the old high school property and the reallocation of the distribution of sales tax.
Closed Session
At 7:50 P.M., Vice-Chairman Blust, seconded by Commissioner 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 Blust, seconded by Commissioner Yates, moved to resume the open meeting at 8:06 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the March 19, 2013, closed session minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the April 2, 2013, closed session minutes as amended.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Yates, seconded by Vice-Chairman Blust, moved to adjourn the meeting at 8:07 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board