MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 4, 2014
The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 4, 2014, 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
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 8:33 A.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Yates led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the January 21, 2014, regular meeting minutes.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the January 21, 2014, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates requested a correction (deletions in strikethrough and additions in bold) to the following motion in the closed session minutes:
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 6:20 P.M.
VOTE: Aye-54(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the January 21, 2014, closed session minutes as amended.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the February 4, 2014, agenda.
County Manager Geouque requested to add consideration of a proposed resolution establishing the Boone Rural Fire 6 Mile Insurance District.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the February 4, 2014, agenda as amended.
VOTE: Aye-5
Nay-0
Proposed Proclamation Honoring the 50th Anniversary of Caldwell Community College and Technical Institute (CCC&TI)
Dr. Ken Boham, CCC&TI President, requested the Board approve a proposed proclamation honoring the 50th anniversary of Caldwell Community College and Technical Institute which was chartered on April 2, 1964.
Commissioner Welch, seconded by Commissioner Yates, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
Smoky Mountain Center Matters
A. Presentation of Quarterly Report
Ms. Lisa Slusher, Smoky Mountain Chief Finance Officer, presented the Smoky Mountain Center Quarterly Report ending September 2013 as required by Statute.
The report was presented for information only; therefore, no action was required.
B. Presentation of Annual Audited Financial Report
Ms. Slusher presented Smoky Mountain Center’s Annual Audited Financial Statements for the Fiscal Year ending June 30, 2013, as required by Statute.
The report was presented for information only; therefore, no action was required.
Proposed Resolution Approving Boone Rural Six-Mile Insurance District Boundaries
Boone Fire Chief, Jimmy Isaacs, presented a proposed resolution and map which, if adopted, would approve the boundary lines of the Boone Rural Fire Six-Mile Insurance District.
Commissioner Yates, seconded by Commissioner Welch, moved to adopt the resolution and map approving the boundary lines of the Boone Rural Fire Six-Mile Insurance District as presented by Chief Isaacs.
VOTE: Aye-5
Nay-0
Presentation of Appalachian District Health Department’s Annual Report and State of the County Health Report
Ms. Beth Lovette, Appalachian District Health Department Director, presented the Health Department’s Annual Report for Fiscal Year 2012-2013 along with the State of the County Health Report.
The report was presented for information only; therefore, no action was required.
Proposed Appointment of Home and Community Care Block Grant (H&CCBG) Advisory Committee and Lead Agency
Ms. Angie Boitnotte stated that each year the Board was required to appoint a lead agency and advisory committee to make recommendations on how to best expend the County’s allocation from the Home and Community Care Block Grant (H&CCBG) funds. H&CCBG funds were established by the Older American’s Act and were administered by the North Carolina Division of Aging. The following were recommended for appointment to the committee: the Area Agency on Aging Director, Betsy Richards, Mike Birkmire, Linda Bretz, Murray Hawkinson, Margie Mansure, Christy Pruess, Pam Rush, Billy Hoilman, Pat Coley, Kat Danner, Sherry Harmon, Gail Hawkinson, Bob Parker, Dr. Ed Rosenberg, and Betty Wyse. Commissioner Kennedy was appointed to serve on this Committee at the December 3, 2013, Board of Commissioners meeting.
Commissioner Yates, seconded by Commissioner Welch, moved to appoint the Area Agency on Aging Director, Betsy Richards, Mike Birkmire, Linda Bretz, Murray Hawkinson, Margie Mansure, Christy Pruess, Pam Rush, Billy Hoilman, Pat Coley, Kat Danner, Sherry Harmon, Gail Hawkinson, Bob Parker, Dr. Ed Rosenberg, and Betty Wyse to the Home and Community Care Block Grant Advisory Committee.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Yates, moved to appoint the Watauga County Project on Aging as the Lead Agency for Home and Community Care Block Grant funds.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of January 2014. 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 January 2014, 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
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the Refunds and Releases Report for January 2014, as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the North Carolina Vehicle Tax System Refunds and Releases Report for January 2014 as presented.
VOTE: Aye-5
Nay-0
Proposed Amendments to the Following Ordinances as Recommended by the Watauga County Planning Board:
A. Ordinance to Regulate High Impact Land Uses
B. Flood Damage Prevention Ordinance
C. Ordinance to Regulate Junkyards and Automotive Graveyards
D. Ordinance to Regulate Wind Energy Systems
E. Ordinance to Govern Structures on Land Adjacent to National Park Service Land
F. Ordinance to Govern Subdivisions & Multi-Unit Structures
G. Ordinance to Regulate Signs
H. Height of Structures Ordinance
I. Manufactured Home Parks Ordinance
Mr. Joe Furman, Planning and Inspections Director, stated that in September the Board amended County ordinances adopted under zoning authority to comply with Session Law 2013-126 of the North Carolina General Assembly. One section of the new law regarding variances also applies to other development ordinances that were adopted under general ordinance making authority. Therefore, Mr. Furman presented proposed amendments to nine ordinances as recommended by the Watauga County Planning Board.
Mr. Furman stated that the proposed amendments were mostly wording changes to standardize the ordinances and to bring them in compliance with state statutes. With the proposed amendments, the Board of Commissioners would no longer hear variance requests as the Board of Adjustments would be the variance granting Board. The recommendation was based on the fact that the Board of Adjustment was trained for such cases and operated in a quasi-judicial manner. The Planning Board would continue to hear variances related to the subdivision regulations and the manufactured home park ordinances as the Board currently reviews plans submitted for these ordinances. The Board of Commissioners would hear appeals of Planning Board decisions under the subdivision regulations and the manufactured home park ordinances as well as the wind energy ordinance; however appeals to Board of Adjustment variances would be heard in Superior Court.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to schedule a public hearing at 6:00 P.M. on Tuesday, February 18, 2014, to allow citizen comment on proposed amendments to the following: Ordinance to Regulate High Impact Land Uses; Flood Damage Prevention Ordinance; Ordinance to Regulate Junkyards and Automotive Graveyards; Ordinance to Regulate Wind Energy Systems; Ordinance to Govern Structures on Land Adjacent to National Park Service Land; Ordinance to Govern Subdivisions & Multi-Unit Structures; Ordinance to Regulate Signs; Height of Structures Ordinance; and Manufactured Home Parks Ordinance.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Proposed Amendments to the Ambulance Franchise Agreement
County Manager Geouque stated that the Board approved the addition of a twelve (12) hour ambulance crew for Fiscal Year 2014. In conjunction with the additional crew, staff was able to negotiate the waiver of the CPI increase for 2014. The proposed agreement reflects the additional twelve (12) hour crew and the waiving of the CPI escalator for 2014. The agreement has an effective date of January 1, 2014 and runs through December 31, 2019. Changes were made as requested by the Board at the January 21, 2014, meeting to reflect the effective date of the subsidy adjustment to be 2015 and updating the years in Section 31. In addition, Section 15 was corrected to read “from time to time” instead of “from time from time.” The changes have been reviewed and approved by the County Attorney.
North Carolina General Statute 153A-46 requires a grant, renewal, extension, or amendment of any franchise to be passed at two regular meetings of the Board of Commissioners before it may be adopted. The agreement was first approved at the January 21, 2014, meeting.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to ratify the Ambulance Franchise Agreement as presented for the second required approval.
VOTE: Aye-5
Nay-0
B. Proposed Lease for Probation and Parole
County Manager Geouque stated that the State of North Carolina began requiring counties to furnish space at no cost for court-related functions several years ago. Prior to that time, the Administrative Office of the Courts paid the County rent for their Probation and Parole Offices. Even though the County no longer receives rent, the Department of Public Safety requires that a lease be executed detailing the stipulations. The County Manager presented a draft contract as amended by the County Attorney per Board direction.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the lease for Probation and Parole office space as presented.
VOTE: Aye-5
Nay-0
C. Tentative Annual Pre-Budget Retreat Agenda
The County Manager presented a draft agenda for the Board’s retreat scheduled for February 21 and 22, 2014. The agenda may change between now and the retreat based on input from the Board or the County Manager receiving additional items for consideration. County staff will start the process of preparing and compiling the information for the retreat. The County Manager encouraged Board members to contact him during the upcoming weeks with any questions.
D. Boards & Commissions
Recreation Commission
County Manager Geouque stated that the Town of Boone had recommended Mr. Greg Dobbins and Mr. Joseph Robinson for appointment as Town of Boone representatives on the Watauga County Recreation Commission.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to appoint Mr. Greg Dobbins and Mr. Joseph Robinson as Town of Boone representative on the Watauga County Recreation Commission.
VOTE: Aye-5
Nay-0
Watauga County Board of Adjustment
County Manager Geouque stated that one appointment was still 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. The seat is an at-large representative, although the previous member also resided in one of the watershed protection areas. Other members of the Board of Adjustment represent Valle Crucis, Foscoe-Grandfather, Howards Creek watershed, and Middle Fork watershed. The term would be for three years. The County Manager stated that Mr. David Hill had submitted a volunteer application expressing interest in serving.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to appoint Mr. David Hill to a three year term on the Watauga County Board of Adjustment.
VOTE: Aye-5
Nay-0
Town of Boone Board of Adjustment
County Manager Geouque stated that the Town of Boone had recommended appointment of Mr. Clinton Coffey as an Extra Territorial Jurisdiction (ETJ) representative on the Boone Board of Adjustment for a three year term.
Commissioner Welch, seconded by Commissioner Kennedy, moved to appoint Mr. Clinton Coffey as an Extra Territorial Jurisdiction (ETJ) representative on the Boone Board of Adjustment for a three year term.
VOTE: Aye-5
Nay-0
Watauga Medical Center Board of Trustees
County Manager Geouque stated that the Watauga Medical Center Board of Trustees had recommended Mr. Sam Adams, Ms. Susan Roggenkamp, and Mr. Kenneth Wilcox for reappointment as Board Trustees. Each of their terms would be effective January 1, 2014, through December 31, 2016.
Commissioner Kennedy requested volunteer applications in the future.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to reappoint Mr. Sam Adams, Ms. Susan Roggenkamp, and Mr. Kenneth Wilcox to the Watauga Medical Center Board of Trustees with each of their terms effective from January 1, 2014, through December 31, 2016
VOTE: Aye-5
Nay-0
Watauga County Nursing Home Community Advisory Committee
County Manager Geouque stated that Ms. Julie Wiggins, Regional Ombudsman with High Country Council of Governments’ Area Agency on Aging, had requested Ms. Wanda Branch be reappointed to the Watauga County Nursing Home Community Advisory Committee for a three-year term.
Commissioner Yates, seconded by Commissioner Welch, moved to reappoint Ms. Wanda Branch to a three year term on the Watauga County Nursing Home Community Advisory Committee.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that Ms. Wiggins also requested that both Ms. Karen Robertson and Dr. Larry Keeter be reappointed to the Watauga County Nursing Home Community Advisory Committee to fill vacancies that will exist as of March 1.
Consideration of appointments was tabled due to this being a first reading.
Watauga County Adult Care Home Community Advisory Committee
Ms. Wiggins also requested that Mr. Harold Eller be reappointed to the Watauga County Adult Care Home Community Advisory Committee for a one-year term.
Consideration of appointment was tabled due to this being a first reading.
AppalCART
County Manager Geouque stated that appointment of Mr. Quint David as the Boone Town Council representative to the AppalCART Board had been recommended by AppalCART. Mr. David’s appointment would coincide with his term as a Boone Council Member.
Consideration of appointment was tabled due to this being a first reading.
Watauga County Planning Board
County Manager Geouque stated that Mr. Ric Mattar’s term on the Watauga County Planning Board expired December 2013, and he was willing to continue serving if so appointed. The County Manager stated that this was a first reading, however, staff recommended the Board waive the policy for a second reading and appoint Mr. Mattar as he was the current Chairman of the Planning Board.
Commissioner Yates, seconded by Commissioner Welch, moved to waive the first reading and reappoint Mr. Ric Mattar to the Watauga County Planning Board.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-1(Miller)
[Clerk’s Note: The vote was not valid according to previous counsel from the County Attorney stating that if the second reading for appointment of an individual to a Board or Commission was waived, then the vote had to be unanimous to be considered valid.]
E. Announcements
County Manager Geouque announced that the Board’s Annual Pre-Budget Retreat was scheduled for Friday, February 21, beginning at 12:00 noon and Saturday, February 22 2014, beginning at 9:00 A.M.
Public Comment
There was no public comment.
Closed Session
At 9:57 A.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) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Chairman Miller, moved to resume the open meeting at 10:23 A.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter into an Offer to Purchase and Contract with Ms. Leslie M. Humphreys to purchase an approximate 13 acre parcel as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve $150,000 be allocated from the fund balance with $102,000 being for the purchase of the Humphreys property and the remainder being available for costs associated with the due diligence process.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Commissioner Yates, moved to adjourn the meeting at 10:26 A.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board