MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 19, 2013
The Watauga County Board of Commissioners held a regular meeting on Tuesday, November 19, 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
Stacey “Four” Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Miller called the meeting to order at 5:31 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Chairman Miller welcomed Girl Scout Troop # 10492 and Cub Scout Troop #109 to the meeting.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the October 15, 2013, regular meeting minutes.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the October 15, 2013, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to approve the October 15, 2013, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the November 19, 2013, agenda.
County Manager Geouque requested to add a proposed lease renewal for the Hwy 421 Container Site.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the November 19, 2013, agenda as amended.
VOTE: Aye-5
Nay-0
High Country Regional Bike Plan Report
Mr. Phil Trew with High Country Council of Governments presented the High Country Regional Bike Plan. High Country Council of Governments was contracted by the North Carolina Department of Transportation (NCDOT) to develop a regional bike plan for the seven counties of Region D. The plan was developed by a steering committee appointed by the seven County Commission Boards and NCDOT staff. Public input was sought through an online survey and sixteen public workshops and cyclist meetings.
When asked about the Parkway, Mr. Trew stated that Park Services representatives had requested that the Parkway not be included in the Plan because there were no plans to widen Parkway roads.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the High Country Regional Bike Plan as presented by Mr. Trew.
VOTE: Aye-5
Nay-0
Soil and Water Grant Request
Mr. Denny Norris, Chair of the Watauga Soil and Water Board, presented the 2013-2014 technical assistance grant which funds a portion of the Soil and Water Conservation Tech position. The grant, in the amount of, $27,501 was budgeted in the Fiscal Year 2013-2014 budget.
County Manager Geouque stated that, in the past, this grant had been approved by staff; however, he wanted all grants to be approved by the Board in an effort to maintain Board awareness of such grants.
Commissioner Yates, seconded by Commissioner Welch, moved to approve and accept the technical assistance grant in the amount of $27,501 to fund a portion of the Soil and Water Conservation Tech position.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of October 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 October 2013, including a report from the new motor vehicle billing system, North Carolina Vehicle Tax System (NCVTS) for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the Refunds and Releases Reports for October 2013, as presented.
VOTE: Aye-5
Nay-0
C. Adoption of Schedule of Values
Mr. Warren stated that the proposed 2014 Schedule of Values was presented for review at an earlier meeting. A public comment period during which citizens could send comments to the Tax Office as well as a public hearing were held and no comments were received.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the 2014 Schedule of Values as presented.
VOTE: Aye-5
Nay-0
Communications and Emergency Services Matters
A. Proposed 2013 Hazardous Materials Emergency Planning Grant Agreement
Mr. Jeff Virginia, Emergency Services Director, requested permission to submit a grant to the North Carolina Emergency Management for a hazardous materials exercise in the amount of $10,000. The grant required no County match and would be a pass through grant with Avery County. The exercise scenario will be an accident in which hazardous materials would be released into the Watauga River affecting the counties of Watauga, Avery, Johnson and Carter with the latter two being located in Tennessee.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the submission of the grant to North Carolina Emergency Management for the hazardous materials exercise as presented.
VOTE: Aye-5
Nay-0
B. FY 2014 Emergency Management Performance Grant Request
Mr. Virginia stated that the North Carolina Department of Public Safety provided grant funding each year for Counties completing certain emergency planning activities. These activities serve as the base amount and in the case of Watauga County amounts to $20,625. The County could complete as many as six additional activities to receive an additional $15,000 ($2,500 per activity). Mr. Virginia stated that it was an annual program in which the County has participated for many years.
Commissioner Welch, seconded by Commissioner Yates, moved to approve submission of the grant application to the North Carolina Department of Public Safety and approve the completion of the required activities to receive up to the total amount of $35,625.
VOTE: Aye-5
Nay-0
Presentation of Project on Aging’s Annual Report
Ms. Angie Boitnotte, Project on Aging Director, presented the annual comprehensive evaluation of the agency’s operations and policies as required by the North Carolina Division of Health Service Regulation.
Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the Project on Aging Annual Report as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
Planning and Inspections Matters
A. High Country RPO Priority Needs List for 2016-2024 Request
Mr. Joe Furman, Planning and Inspections Director, presented the High Country RPO priority list for 2016-2024 TIP request. Requests were due by November 8; however, the RPO has allowed Watauga County’s selections after the requested date due to the Commissioner’s first meeting in November being cancelled.
Mr. Furman stated that the Board was requested to select two projects not already found on the RPO list nor the NCDOT list of existing projects as those projects were already included for ranking.
Mr. Furman stated that the following projects were currently in the STIP and/or High Country RPO priorities:
· US Hwy 321-421 Vilas to Hwy 105 Bypass (R-2615) four-laning
· NC Hwy 105 Bypass, (WATA0002-H) three-laning (anticipates new bypass on new route)
· NC Hwy 194, King Street to Howard’s Creek Road (WATA0003-H) four-laning; three-laning to Jack Hayes Road
· US Hwy 221, US Hwy 421 (Deep Gap) to the Jeffersons (R-2915) four-laning
· NC Hwy 105, Blowing Rock Road to NC Hwy 105 Bypass (Boone project, U-5603) improve to boulevard
· NC Hwy 105, NC Hwy 105 Bypass to Avery County (R-2566) four-laning
Mr. Furman stated that the following were existing highway projects underway in either the STIP or the CTP:
· US Hwy 321, Blowing Rock to Caldwell County (R-2237) four-laning underway
· US Hwy 321, Vilas to Avery County (R-5016) four-laning
· US Hwy 421 Bypass (U-2703, Daniel Boone Parkway)
· US Hwy 421, Vilas to Tennessee (WATA0005-H) four-laning
· US Hwy 421, Deep Gap, Stony Fork Road to Fall Creek Road – roadway improvements for truck traffic
· Poplar Grove Road realignment, Bodenheimer Drive to NC Hwy 105 (WATA0010-H)
Mr. Furman stated that the below were proposed to occur by 2030 and the two additional projects could be chosen from this list:
· US Hwy 221-321, Boone to Blowing Rock (WATA0004-H) upgrade to expressway
· US Hwy 421, NC Hwy 194 to Old 421 near landfill (WATA0006-H) improve to boulevard/expressway
· Bamboo Road, Wilson Ridge Road to US Hwy 421 (WATA0008-H) widen lanes and improve intersections
· Deerfield Road, State Farm Road to Bamboo Road (WATA0009-H) widen lanes and improve intersections
· Presnell School Road extension (WATA0011-H) provide additional access to Beech Mountain
· Seven Devils Road (WATA0012-H) study to select location for additional access
· State Farm Road (WATA0014-H) three-laning
· Wilson Ridge Road (WATA0014-H) widen lanes and improve intersections
· Various minor widening projects (p II-23 of CTP)
Vice-Chairman Blust, seconded by Commissioner Welch, moved to select the following two projects not already found on the RPO list nor on the NCDOT list of existing projects:
· Bamboo, Wilson Ridge to US Hwy 421 (WATA0008-H) widen lanes and improve intersections
· Wilson Ridge Road (WATA0014-H) widen lanes and improve intersections
VOTE: Aye-5
Nay-0
B. Seven Devils Flood Plain Regulations Request
Mr. Furman stated that the Town of Seven Devils had requested the County enforce flood plain development regulations for a small area within the Town. Seven Devils was not previously participating in the National Flood Insurance Program (NFIP) due to there being no property inside the Town that was within a floodplain. Recently, the Town annexed a piece of property (by satellite) that is on Hwy 105 and adjacent to the river which was regulated under the County's flood ordinance.
The Town Manager was advised by NC Emergency Management, who partners with FEMA, that adoption of a Town Ordinance along with an interlocal agreement between Seven Devils and the County was the best way to continue regulation of the property by the County. Mr. Furman stated that he agreed since it would amount to no change in regulation as the County was providing regulation prior to the annexation. The Town adopted a Flood Damage Prevention Ordinance (which Mr. Furman stated is identical to the County's ordinance) and an interlocal agreement. The County is requested to adopt the interlocal agreement. Unless Seven Devils annexes more property on the Watauga River, this action only applies to the one property recently annexed. If additional annexations were to occur, those properties would have already been regulated by the County as well.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the Interlocal Agreement with the Town of Seven Devils as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
C. Beech Mountain Water Intake Request
Town of Beech Mountain Utilities Director, Mr. Robert Heaton, and Environmental Consultant, Lee Spencer, provided information to the Board regarding the Town’s proposed water intake. The proposed water intake would be located on the Watauga River near Guy Ford Road and a line to transport the raw water to the Town’s treatment plant would also be constructed to serve as a secondary source of water during periods of drought (of which the Town was currently experiencing). This action would necessitate the reclassification of the affected segment of the Watauga River as a Water Supply Watershed, and subsequent regulation of the watershed by Watauga County. The process would be the same as for the recent reclassification of a segment of the South Fork New River for the Town of Boone’s proposed intake near Brownwood Road.
The Town requested adoption of a resolution of support of the watershed regulations. The adoption of the resolution was not required immediately; however the Division of Water Resources (NCDWR) will not forward the request to the Environmental Management Commission (EMC) without having received such a resolution.
Commissioner Kennedy requested that a public hearing be held prior to consideration of the resolution. Mr. Joe Furman stated that before adopting a resolution supporting the Town of Boone’s similar request, the Board of Commissioners chose to conduct a public hearing prior to which the Commissioners held a work session on the reclassification process and required regulations.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to schedule a public hearing on Tuesday, December 17, 2013, at 6:00 P.M. to allow citizen comment on the Water Intake Request.
VOTE: Aye-5
Nay-0
Chairman Miller directed Mr. Furman to advertise the public hearing with a mailing to potentially affected property owners as was done with the Town of Boone’s request.
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
|
103300-341400 |
NC Department of Transportation Grant |
|
$25,000 |
|
104330-449909 |
Meat Camp Fire Department |
$25,000 |
|
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The amendment recognized receipt of a NC Department of Transportation grant for paving at Meat Camp Fire Department. The pass-through grant required no County match. |
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Account # |
Description |
Debit |
Credit |
|
103839-384000 |
Donations |
|
$16,780 |
|
104288-433400 |
Utilities – Rocky Knob Park |
$1,000 |
|
|
104288-458000 |
Capital Outlay – Building Construction |
$15,780 |
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The amendment recognized the Tourism Development Authority contribution to pay for the water usage account and utility line construction for the bathrooms at Rocky Knob Park. |
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Account # |
Description |
Debit |
Credit |
|
103300-345000 |
NC Department of Transportation ROAP Grant |
|
$116,920 |
|
143300-345000 |
NC Department of Transportation ROAP Grant |
|
$24,833 |
|
105550-431301 |
Project on Aging – Elderly & Disabled |
$24,000 |
|
|
104500-469846 |
Watauga Opportunities – Elderly & Disabled |
$11,100 |
|
|
104500-469843 |
AppalCART – Rural General Population |
$71,639 |
|
|
104500-469844 |
Employment Transportation |
$10,181 |
|
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145310-469845 |
Department of Social Services – Elderly & Disabled |
$24,833 |
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The amendment recognized the NC Department of Transportation Rural Operating Assistance Program grant funds for which there is no County match. The Rural General Population portion requires a 10% match which is provided through fares collected by AppalCART on these routes. |
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Account # |
Description |
Debit |
Credit |
|
103586-332004 |
NC Division of Aging |
|
$15,573 |
|
105550-449900 |
Senior Center Grant |
$15,573 |
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The amendment recognized an award from the NC Division of Aging to support general senior center activities. The grant award was accepted at the October 1, 2013, Board meeting and the local match of $5,191 was included in existing Project on Aging budget. |
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Account # |
Description |
Debit |
Credit |
|
103586-332006 |
NC Department of Insurance |
|
$500 |
|
105550-449901 |
Senior Health Insurance Information Program (SHIIP) Grant |
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The amendment recognized additional grant funds for the Senior Health Insurance Information Program (SHIIP) hall meetings. There was no required County match for these funds. |
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Account # |
Description |
Debit |
Credit |
|
103300-349909 |
NC Lottery Funds |
|
$248,600 |
|
105911-470001 |
Carpet and Tile Replacements |
$38,400 |
|
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105911-470005 |
Cafeteria Updates |
$37,500 |
|
|
105911-470009 |
Hardin Park Boiler Replacement |
$43,000 |
|
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105911-470012 |
Blowing Rock Drop Ceilings |
$10,000 |
|
|
105911-470014 |
Mabel Light Replacements |
$30,000 |
|
|
105911-470015 |
Buzzers and Cameras at Entrances |
$89,700 |
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The amendment recognized approved NC Lottery project applications as noted above. A County match is not required for these funds. |
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Commissioner Welch, seconded by Commissioner Yates, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Smoky Mountain Board Updates
Commissioner Kennedy updated the Board on the reconstitution of the Smoky Mountain Center Board and presented a proposed slate of members for the reconstituted Board. Watauga County did not have representation proposed for the Board as reconstituted.
The Board may approve the slate of candidates as presented, reject the slate, or defer action to a future Board meeting to see if any State action is forthcoming regarding the governance requirement.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to reject the slate of candidates as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. January Meeting Schedules
County Manager Geouque stated that the Board has traditionally cancelled one of the meetings in December or January depending on how the holidays have fallen. Due to where Christmas and New Year fall during the week, staff would recommend the Board cancel the first meeting in January as there would be insufficient time to prepare the Board packets. The County Manager stated that historically, December and the first weeks in January have few issues requiring Board action.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to cancel the January 7, 2013, regular meeting.
VOTE: Aye-5
Nay-0
B. Boards & Commissions
County Manager Geouque stated that the terms of Recreation Commission members representing the Blowing Rock, Mabel, and Cove Creek elementary school districts as well as three Town of Boone representatives were set to expire in December. Parks and Recreation Director, Stephen Poulos, has requested recommendations for appointments to fill these positions.
The Town of Boone presented a recommendation for West Eppley to be reappointed as a Town of Boone representative and Principal Mark Hagaman nominated Bill Hollingsworth for reappointment as the representative for the Mabel School district.
Other recommendations will be forwarded for consideration upon receipt. The above were first readings and, therefore, no action was required.
County Manager Geouque stated that the Historic Preservation Commission, which is involved in the administration of the Valle Crucis Historic District Ordinance, is in need of three appointments. The Ordinance specifies that three members reside within the historic district and two be members of the Valle Crucis Community Council. The three current members, whose terms are expiring, are all willing to be reappointed. They are as follows: Maria Hyde (resides within the district), Tom Eshelman and Allen Culler (members of community council). The terms are for three years.
Commissioner Kennedy, seconded by Commissioner Welch, moved to reappoint Maria Hyde (resident representative), Tom Eshelman (Valle Crucis Community Council representative), and Allen Culler (Valle Crucis Community Council representative) to the Historic Preservation Commission.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that two appointments were needed to the Watauga County Board of Adjustment which meets infrequently. The two zoned areas of the County (Valle Crucis and Foscoe-Grandfather) must be represented on the Board; traditionally an attempt has been made to appoint representatives of watershed protection areas as well. In November, the terms of Jane Nicholson and Janet Beck expire. Ms. Nicholson does not wish to be reappointed; however, Ms. Beck is willing to continue to serve if so appointed. Technically, both are at-large representatives, though Ms. Nicholson does reside in one of the watershed protection areas. The other members represent Valle Crucis, Foscoe-Grandfather, Howards Creek watershed, and Middle Fork watershed. The terms are for three years. The County Manager stated that a solicitation had been posted on the County’s website; however, no applications were received.
Commissioner Yates, seconded by Commissioner Welch, moved to reappoint Janet Beck to serve on the Watauga County Board of Adjustment.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced the following:
? A joint meeting is scheduled with the Town of Boone on Wednesday, November 20, 2013, at 6:00 P.M. for discussion of Extra-Territorial Jurisdiction (ETJ) Board appointments. The meeting will be held at the Town of Boone Council Chambers.
? The Annual County Christmas Luncheon, scheduled on Tuesday, December 10, 2013, will be held at Dan’l Boone Inn from 12:00 to 2:00 P.M.
Public Comment
Ms. Margaret Buck commented on the Bike Trail Plan and shared information regarding Agenda 21.
Closed Session
At 6:50 P.M., Commissioner Yates, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) (including discussion of the following lawsuits: Appling et al vs. Alleghany County et al, Watauga County vs. Fuzzell, and Watauga County vs. Haas) 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 7:44 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Welch, seconded by Commissioner Yates, moved to adjourn the meeting at 7:44 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board