MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 18, 2014
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, November 18, 2014, 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 C. 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 Yates led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the October 21, 2014, regular meeting minutes.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the October 21, 2014, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Miller called for additions and/or corrections to the November 18, 2014, agenda.
County Manager Geouque requested to delete the Medics Base 3 Update as that report will be given at the December 3, 2014, meeting.
Chairman Miller requested to add discussion to the Closed Session regarding the Town of Boone vs. the North Carolina General Assembly lawsuit.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the November 18, 2014, agenda as amended.
VOTE: Aye-5
Nay-0
AppalCART Request to Increase Fares
Mr. Chris Turner, AppalCart Director, presented a proposed fee increase which would double all rates per zones. The increase is due to cuts in the rural general public funding. Rates have not been adjusted since 1986. The rate increase would be effective the start of the first full month following Board approval. The AppalCart Board approved the rate increase at their October 27, 2014, meeting. The rate increase would not affect the current County contracted rates.
Discussion was held regarding the fiscal management of AppalCART and concerns of losing ridership if the rates were increased.
After lengthy discussion, Commissioner Yates, seconded by Commissioner Welch, moved to schedule a work session in January to further discuss the need for a rate increase.
VOTE: Aye-5
Nay-0
Cooperative Extension Matters
A. Staffing Position Request
Mr. Jim Hamilton, Director of Cooperative Extension requested their temporary horticulture agent be rehired for the remainder of the fiscal year beginning December 16, 2014. In addition to the twenty-nine (29) hours or 72.5% paid by the County and the eleven (11) hours or 27.5% paid by the State, the County is now being requested to pay 72.5% of health insurance benefits for the position. Funds were budgeted to cover both the salary and insurance in the existing Cooperative Extension budget.
County Manager Geouque stated that with new funding requirements set forth by the State, Cooperative Extension will need to request additional funding to cover State reductions in the upcoming Fiscal Year 2015-2016 budget. At this time it is unknown as to the total cost of the increase in county funding but preliminary estimates indicate a potential increase of 20-40%. The full-time position had remained frozen as it would be one area for consideration to help reduce county funding in the Fiscal Year 2015-2016 budget process.
For background information, on April 1, 2014, the Board approved and authorized Mr. Jim Hamilton, Cooperative Extension Director, to use funds budgeted for the frozen horticulture agent to increase the temporary horticulture agent from twenty (20) to forty (40) hours. At that time, the County was paying nine (9) of the twenty (20) hours with the State paying the remaining eleven (11) hours. The salary split was forty-five percent (45%) County funding and fifty-five percent (55%) State funding, per the existing Memorandum of Understanding (MOU).
Mr. Hamilton was authorized to increase the temporary employee’s hours from twenty (20) to forty (40) hours. The county was to pay twenty-nine (29) of the hours with the State continuing to pay eleven (11) hours. The request required the County to pay seventy-two and half percent (72.5%) and the State twenty-seven and a half percent (27.5%) which was not in accordance with the MOU. The additional funded hours were authorized through June 30, 2014 and required Board approval to continue into Fiscal Year 2014-2015.
Mr. Hamilton requested continued authorization of the twenty-nine (29) hours to be paid by the County through November. The horticulture agent position had been budgeted in the Fiscal Year 2014-2015 budget. Board approval authorized the continuation of the twenty-nine (29) hours per week through November 2014.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the rehire of the temporary horticulture agent for the remainder of the current fiscal year beginning December 16, 2014, and ending June 30, 2015, pending adequate funds are available as verified by County staff.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-1(Miller)
B. Equipment Purchase Request
Mr. Hamilton stated that at the December meeting, the Soil and Water and Cooperative Extension Offices requested and were granted authorization from the Board to apply for a $36,300 grant from the North Carolina Agricultural Trust Fund. The grant required a fifteen percent (15%) match in cash or in-kind services. The request was to appropriate $3,000 from the remaining multiflora rose program. This would have left approximately $4,562 unspent in the multiflora rose program funds.
At the September 16, 2014, Board meeting, Mr. Brian Chatham, Watauga County Soil and Water Conservation Technician, stated that the Soil and Water Conservation Office recently received an award letter in the amount of $25,000 which was $11,300 less than requested in the application approved by the Board at the December 17, 2013, meeting.
Cooperative Extension Director, Mr. Jim Hamilton, then proposed that $3,000 of the match be in cash and the remaining $2,445 be in-kind services from Cooperative Extension and Soil and Water salaries. The new recommendation was to utilize the $3,000 in cash from the multiflora rose program and reduce the in-kind match from $2,445 to $750 for a total grant match of $3,750.
Mr. Hamilton requested the remaining $4,562 in the multiflora rose program be allocated as an additional match for the grant to purchase a portable cattle chute and scale. A donation from the Cattlemen’s Association and less than $100 in Cooperative Extension discretionary funds would also be needed.
Commissioner Kennedy, seconded by Commissioner Yates, moved to authorize the allocation of the remaining $4,562 in the multiflora rose program, to accept the Cattlemen’s Association donation, and to allocate approximately $38 from Cooperative Extension discretionary funds as an additional match for the grant to purchase a portable cattle chute and scale.
VOTE: Aye-5
Nay-0
Soil and Water Funding Acceptance Request
Mr. Brian Chatham, Watauga Soil and Water Conservation Tech, presented the 2014-2015 technical assistance grant received annually from the North Carolina Department of Agriculture and Consumer Services which funds a portion of the Soil and Water Conservation Tech position. The grant is in the amount of $27,678 and is budgeted in the Fiscal Year 2014-2015 budget.
Commissioner Welch, seconded by Commissioner Yates, moved to accept the grant as presented.
VOTE: Aye-5
Nay-0
Project on Aging Annual Report
Ms. Angie Boitnotte, Project on Aging Director, submitted the annual comprehensive evaluation of the agency’s operations and policies as required by the NC Division of Health Service Regulation.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to accept the annual report as presented.
VOTE: Aye-5
Nay-0
Planning Board Recommendations Regarding Extraterritorial Jurisdiction (ETJ)
Mr. Ric Mattar, Planning Board Chair, presented the following recommendations from the Planning Board regarding the Boone Extra Territorial Jurisdiction:
The first recommendation is to amend the County’s official Watershed Map of Watauga County to include the portions of the Winkler’s Creek and South Fork New River protected watersheds that are currently within the ETJ. The effective date would be January 1, 2015.
The second recommendation is to adopt a ninety (90) day moratorium on approvals of the land uses regulated by the County’s High Impact Land Use Ordinance in most of the area currently within the ETJ only. The statute is the zoning enabling legislation; it is the only means provided by the statutes for local governments to adopt moratoria. Adopting a moratorium under this statute does not mean the County is adopting zoning. Because the zoning authority is used, it is possible for the moratorium to affect only part of the County, pursuant to NCGS 153A-342(d), in this case the current Boone ETJ. The statute requires that each area affected be at least 640 acres in size, with at least ten (10) separate land parcels under separate ownership. There are three (3) qualifying areas in the current ETJ, as shown on the attached map. There are four (4) smaller areas, not adjacent to the qualifying areas that would not be included.
The effective date for the proposed moratorium is January 1, 2015, with the expiration date of April 1, 2015. The Planning Board requests that public hearings on these recommendations be scheduled for December 16, 2014.
Commissioner Kennedy, seconded by Commissioner Welch, moved to schedule a public hearing on December 16, 2014, to allow for citizen comment regarding the proposed amendments to the County’s official Watershed Map of Watauga County.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to schedule a public hearing on December 16, 2014, to allow for citizen comment regarding the proposed ninety (90) day moratorium on approvals of the land uses regulated by the County’s High Impact Land Use Ordinance.
VOTE: Aye-4(Blust, Kennedy, Welch, Yates)
Nay-1(Miller)
Communications and Emergency Services Matters
A. Proposed Emergency Management Performance Grant (EMPG)
Fire Marshal Steve Sudderth stated that the North Carolina Department of Public Safety provides grant monies 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 with the option of earning additional funding by completing additional activities. This is a yearly program in which the County has participated for over thirty (30) years.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the submission of the grant application to the North Carolina Department of Public Safety to receive the funds and complete the activities.
VOTE: Aye-5
Nay-0
B. Request to Accept Hazardous Materials Emergency Planning Grant
Fire Marshal Sudderth stated that the Hazardous Materials Planning Grant application submitted in September was approved. If accepted, the grant would provide $10,000 for the training event and would require no county match. The proposed exercise scenario would involve a gasoline tanker overturning at the curve at the Elk Motel and spilling the contents into the New River.
The proposed exercise will include Watauga County Fire Departments, North Carolina Highway Patrol, Watauga County Sheriff’s Office, Boone Police Department, Watauga Medical Center, Watauga Medics, Watauga County EMS, public health, and water departments of Boone, Blowing Rock, and ASU.
Vice-Chairman Blust, seconded by Commissioner Welch, moved to accept the $10,000 Hazardous Materials Planning Grant from the North Carolina Department of Public Safety.
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 2014. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the Refunds and Releases Report for October 2014, as well as 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 Commissioner Welch, moved to approve the Refunds and Releases Report and the North Carolina Vehicle Tax System Refunds and Releases Report for October 2014, as presented.
VOTE: Aye-5
Nay-0
Finance Matters
A. Smoky Mountain Center Quarterly Reports
Ms. Margaret Pierce, Finance Director, presented the Smoky Mountain Center Quarterly Financial Report as required by Statute.
This report was presented for information only and, therefore, no action was required.
B. Inmate Catastrophic Insurance Contract
Ms. Margaret Pierce, Finance Director, presented a proposed contract renewal with Insurance Management Consultants for catastrophic insurance for inmates housed in the County jail. The insurance shields the County from large medical claims that occur while inmates are being housed in the Watauga County Jail. Adequate funds are available to cover the proposed contracted amount.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the contract with Insurance Management Consultants, Inc. for catastrophic insurance coverage in the amount of $31,662.72 with a $10,000 deductible.
VOTE: Aye-5
Nay-0
C. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-345000 |
NC Department of Transportation ROAP Grant |
|
$119,019 |
|
105550-431301 |
Project on Aging - Elderly & Disabled |
$24,000 |
|
|
104500-469842 |
AppalCART - Elderly & Disabled |
$9,078 |
|
|
104500-469843 |
AppalCART - Rural General Population |
$54,745 |
|
|
104500-469844 |
Employment Transportation |
$10,196 |
|
|
104500-469845 |
Department of Social Services - Elderly & Disabled |
$18,000 |
|
|
104500-469846 |
Watauga Opportunities - Elderly & Disabled |
$3,000 |
|
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The amendment recognized the NC DOT Rural Operating Assistance Program grant funds. There is no County match on these funds. The Rural General Population portion requires a 10% match and AppalCART provides the match out of fares collected on these routes. |
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Account # |
Description |
Debit |
Credit |
|
103300-349910 |
NC Public Building ADM Funds |
|
$300,000 |
|
105911-470018 |
Technology upgrades-All Schools |
$300,000 |
|
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The amendment recognizes the approved ADM project application. There is no County match on these funds. |
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Account # |
Description |
Debit |
Credit |
|
103300-349909 |
NC Lottery Projects |
$16,281 |
|
|
105911-470014 |
Mabel School T-8 Light Replacement |
|
$205 |
|
105911-470005 |
Cafeteria Upgrades |
|
$5,484 |
|
105911-470013 |
Valle Crucis Basement Renovations |
|
$10,592 |
|
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The amendment closure of prior year lottery projects and funds reverted to the State. Funds will be available for future project allocation. |
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Account # |
Description |
Debit |
Credit |
|
103839-389000 |
Miscellaneous Revenues |
|
$33,850 |
|
104199-418300 |
Other Post-Employment Benefits |
$33,850 |
|
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The amendment allocated funds from the closeout of the NCACC Health Insurance Risk Pool to other post-employment benefits set aside trust funds. |
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Account # |
Description |
Debit |
Credit |
|
103300-352101 |
Community Transformation Grant |
|
$10,000 |
|
104199-469200 |
Professional Services – Recreation Center |
$10,000 |
|
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The amendment recognized a MOU grant award from the Appalachian District Health Department. Funds will be used for a site analysis and project renderings for a potential recreation center. There is no County match on these funds. |
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Account # |
Description |
Debit |
Credit |
|
103586-332004 |
Senior Center Grant |
|
$15,573 |
|
105550-449900 |
Senior Center Grant |
$15,573 |
|
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The amendment recognized acceptance of funding from the NC Division of Aging. Funds will be used to support programming at the LE Harrill Senior Center and the Western Watauga Community Center. The required match of $5,191 is available in the existing Project on Aging budget. |
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|
Account # |
Description |
Debit |
Credit |
|
103300-343314 |
DOT Hazardous Materials Grant |
|
$10,000 |
|
104330-449902 |
Hazardous Materials Planning Grant |
$10,000 |
|
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The amendment recognized acceptance of funding from the NC Department of Transportation. Funds are allocated to conduct a training session on how to react to a hazardous material event in conjunction with other regional agencies. |
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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. Sheriff’s Office Vehicle Purchase Request
County Manager Geouque stated that the Sheriff’s Office had requested to purchase a seized vehicle from the U.S. Marshals Service for use by the special operations division. The cost of the vehicle is $3,242.75 with tax and tag being $514 for a total amount of $3,756.75. The funds will be allocated from the Office’s drug fund that receives proceeds from forfeitures and fines in drug related cases.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the vehicle purchase as presented.
VOTE: Aye-5
Nay-0
B. Property Donation
County Manager Geouque stated that the County Attorney was contacted by the attorney for Ms. Mary Ann Lazarides, who wishes to donate property which she owns to the County in lieu of a tax foreclosure action. She is the owner of Lots F-30 and F-32 in Section One of Mill Ridge. The tax value of Lot F-30 is $5600, and the tax value of Lot F-32 is $12,500. Taxes are currently paid on these lots, with outstanding 2014 balances of $20.33 and $45.38, respectively. Per the County Attorney, there do not appear to be any liens on these properties. He has spoken with the Mill Ridge Property Owners Association, whose restrictions apply to these lots. There are currently no POA dues assessed against these lots; however, in the event someone wishes to build on these lots, the POA would require a $12,500 initiation fee upon those properties and the property would become subject to their POA dues.
Commissioner Yates, seconded by Commissioner Kennedy, moved to accept the donation of Lots F-30 and F-32 in Section One of Mill Ridge from Ms. Mary Ann Lazarides as presented.
VOTE: Aye-5
Nay-0
C. Boards and Commissions
Watauga County Board of Adjustment
County Manager Geouque stated that at the October 7, 2014, Board meeting Mr. Bill Ragan and Mr. Baxter Palmer were reappointed to the Watauga County Board of Adjustment. Ms. Diana Mast White’s term expires in November and she is not available to serve in the coming year. A notice requesting volunteers was placed on the County’s website. Mr. Todd Rice submitted a volunteer application. The Board of Adjustment recommended that Mr. Baxter Palmer be moved from Alternate to member; therefore, leaving the Alternate position to fill.
Commissioner Kennedy, seconded by Commissioner Yates, moved to appoint Mr. Todd Rice as a member of the Watauga County Board of Adjustment.
VOTE: Aye-5
Nay-0
Appalachian Regional Library Board
County Manager Geouque stated that the Watauga County Library Board recommends that Dr. Mary Reichel be appointed to the Watauga County Library Board to replace Ms. Diane Sides, who resigned effective August, 2014. If appointed, her term would end in August 2018 and she would be eligible for a second term at that time.
Commissioner Kennedy, seconded by Commissioner Yates, moved to appoint Dr. Mary Reichel to fill an un-expired term on the Watauga County Library Board which will expire August 2018.
VOTE: Aye-5
Nay-0
Economic Development Commission
Mr. Robb Olsen has resigned from his position as a member of the Economic Development Commission (EDC). No recommendations have been received; however, an unsolicited volunteer application was received in August from Mr. Scott McKinney who listed the EDC as a Board of interest. This was a first reading and, therefore, no action was required.
D. Announcements
County Manager Geouque announced the following:
· The first meeting in December will be held on Monday, December 1, 2014, at 8:30 A.M. in the Commissioners Board Room.
· The Annual County Christmas Luncheon, scheduled on Tuesday, December 9, 2014, will be held at Dan’l Boone Inn from 11:45 A.M. to 2:00 P.M.
· The NCACC Legislative Goals Conference will be held January 14-16, 2015, in Moore County. If you wish to attend, please notify Anita who will assist with your registration.
Public Comment
Ms. Mary Ballard and Mr. Lee Stroupe shared comments related to the proposed moratorium and Extraterritorial Jurisdiction issue.
Closed Session
At 7:06 P.M., Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Kennedy, moved to resume the open meeting at 7:47 P.M.
VOTE: Aye-5
Nay-0
Action After Closed Session
Mountaineer Crossings Settlement Agreement
A proposed Quit Claim Deed was presented as part of a settlement agreement with Mountaineer Crossing in which $7,500 would be paid to the County. The settlement is due to an encroachment on County-owned property adjacent to recent construction by Mountaineer Crossing.
Commissioner Yates, seconded by Commissioner Welch, moved to accept the settlement and approve the Quit Claim Deed as presented.
VOTE: Aye-5
Nay-0
Town of Boone vs. North Carolina General Assembly Lawsuit
Commissioner Yates, seconded by Vice-Chairman Blust, moved to intervene in the Town of Boone vs. the North Carolina General Assembly lawsuit regarding the end of the Town of Boone’s Extraterritorial Jurisdiction set for January 1, 2015, by opposing injunctions and Town of Boone pleadings.
VOTE: Aye-3(Miller, Blust, Yates)
Nay-2(Kennedy, Welch)
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 7:53 P.M.
VOTE: Aye-5
Nay-0
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board