MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, DECEMBER 16, 2014
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 16, 2014, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Jimmy Hodges, 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 Hodges called the meeting to order at 5:31 P.M.
Commissioner Yates opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the December 1, 2014, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the December 1, 2014, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to approve the December 1, 2014, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the December 16, 2014, agenda.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the December 16, 2014, agenda as presented.
VOTE: Aye-5
Nay-0
Presentation of Fiscal Year 2014 Audit
Ms. Kathy Mitchell with Bryce Holder, CPA PA, highlighted the Fiscal Year 2014 County audit.
- The total assets of the County exceeded its liabilities at the close of the fiscal year by $120,541,910, an increase of $1,712,927. The change was primarily due to an increase in miscellaneous revenues and a reduction in expenditures over last year.
- The County’s unassigned fund balance for the general fund was $16,748,511 at the end of the year, representing 37.17% of total General Fund expenditures. This is an increase of $2,094,595 in the unassigned fund balance from the previous year.
- The collection rate for property taxes was 98.02% which was an increase from last year’s 97.85%. The County is still above the statewide average of 96.41% in 2013.
- Outstanding debt principal decreased by $5,463,318. Total outstanding debt principal at June 30, 2014 is $51,120,762. Watauga County’s legal debt limit is $673,016,633 so the County is well below the state limits.
- The County maintained its bond ratings of Aa3 from Moody’s Investor Services and AA-from Standard and Poor and stated that it was a very good rating.
County Manager Geouque requested the Board transfer the $2,094,595 increase in the unassigned fund balance to the Capital Project Fund. This transfer would allow for the partial replenishment of the fund due to the drawdown of funds and no allocations over the past several years.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept the audit and to approve the transfer of the $2,094,595 increase in the unassigned fund balance to the Capital Project Fund.
VOTE: Aye-5
Nay-0
Register of Deeds Recognition
Chairman Hodges presented Ms. JoAnn Townsend, Watauga County Register of Deeds, with a resolution honoring her service to the citizens of Watauga. Ms. Townsend, who has announced her retirement effective January 31, 2014, has served in the Register of Deeds Office for over thirty-one years; ten of those years as the Register of Deeds.
North Carolina General Statute 161-5, Section (a1) states, “When a vacancy occurs from any cause in the office of register of deeds, the board of county commissioners shall fill such vacancy by the appointment of a successor for the unexpired term, who shall qualify and give bond as required by law. If the register of deeds was elected as the nominee of a political party, the board of county commissioners shall consult the county executive committee of that political party before filling the vacancy and shall appoint the person recommended by that committee, if the party makes a recommendation within 30 days of the occurrence of the vacancy.” The appointee would serve out the remainder of Ms. Townsend’s term that expires in 2016.
Ms. Townsend expressed appreciation in consideration to allow the appointment of her successor to serve a month with her allowing for a smooth transition in the office.
Sheriff’s Office Out-of-State Travel Request
County Manager Geouque stated that Captain Al Reed with the Sheriff’s Office requested Board authorization to allow Detective John Hollar to attend a methamphetamine clandestine lab school in Quantico, Virginia. According to Captain Reed, all expenses would be paid with the exception of travel to and from the training. The training will assist the Sheriff’s Office in the investigation of methamphetamine labs.
Commissioner Yates, seconded by Commissioner Kennedy, moved to authorize the out-of-state travel for the detective to attend the training session in Quantico, Virginia.
VOTE: Aye-5
Nay-0
DSS Energy Outreach Plan
County Manager Geouque stated that Mr. Tom Hughes, Social Services Director, had requested the Board approve the Energy Outreach Plan which is required by the State to utilize Energy Outreach Funding.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the Energy Outreach Plan as presented.
VOTE: Aye-5
Nay-0
Proposed new river conservancy Agreement
Mr. Joe Furman, Planning and Inspections Director, presented a request from the Middle Fork Greenway Association to enter into an agreement with the County and the New River Conservancy to plant trees, shrubs, or live stakes in the bank of the New River along the newly constructed greenway on the County’s property. The property in question is located across Highway 321 from Mystery Hill (Whitener Property). The agreement would be between the County and the New River Conservancy with the Middle Fork Greenway Association representing the County.
County Attorney Eggers stated that additional steps would be required for approval if the County agreed to leave the plantings undisturbed for 15 years.
Commissioner Kennedy, seconded by Commissioner Welch, moved to enter into the agreement with the New River Conservancy to plant trees, shrubs, or live stakes in the bank of the New River agreeing to leave the plants undisturbed for a 10 year period contingent upon County Attorney review.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of November 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 November 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 Vice-Chairman Blust, moved to approve the Refunds and Releases Report and the North Carolina Vehicle Tax System Refunds and Releases Report for November 2014, as presented.
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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103839-341100 |
Donations |
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$44,400 |
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104199-457000 |
Capital Outlay-Land |
$44,400 |
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The amendment recognized the donations of property from Brown Farm ($26,300) and Mary Ann Lazarides ($18,100). |
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Account # |
Description |
Debit |
Credit |
|
223317-343109 |
Federal Equitable Sharing Funds |
|
$3,800 |
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224310-454000 |
Capital Outlay-Vehicles |
$3,800 |
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The amendment allocated funds for the purchase of a seized 2003 Dodge truck. |
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Account # |
Description |
Debit |
Credit |
|
103300-343314 |
NC Department of Public Safety Grant |
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$10,000 |
|
104330-449902 |
Hazardous Materials Planning Grant |
$10,000 |
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The amendment recognized the award of the hazardous materials training grant for the exercise near Elk Motel. No County match was required. |
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Account # |
Description |
Debit |
Credit |
|
103839-341100 |
Donations |
|
$2,600 |
|
104950-449901 |
Multiflora Rose Eradication Funds |
|
$4,563 |
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104960-449903 |
NC Agriculture Trust Grant |
$7,163 |
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The amendment increased the grant match funding by donations and allowed for additional equipment purchases as part of the grant from NC Agriculture Trust Fund. |
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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. Boards and Commissions
County Manager Geouque read the following appointment requests for various Boards and Commissions:
Watauga Medical Center Board of Trustees
The Watauga Medical Center Board of Trustees has recommended Mr. Joe Miller, Mr. Paul Miller, Jr., and Dr. Paul Dagher (would fill required position of active member of the medical staff) for appointment as Board Trustees. Each of their terms would be effective January 1, 2015, through December 31, 2017.
No action was taken as this was a first reading.
Recreation Commission
The following school district nominations were made for expiring terms on the Recreation Commission:
Hardin Park Brittany Bolick
Green Valley Denny Norris
Valle Crucis Carolina Carney
Parkway Gene Swift
No action was taken as this was a first reading.
Boone Rural Fire Protection Service District
Each Commissioner appoints a representative to the Boone Rural Fire Protection Service District Board whose term will run concurrent with the term of the appointing Commissioner. Boone Rural Fire Service District Board members must own property and reside within that Fire Service District. Vice-Chairman Blust’s appointment was tabled at the last meeting.
Vice-Chairman Blust recommended the appointment of Weldon Critcher.
Commissioner Yates, seconded by Commission Welch, moved to waive the second reading and appoint Weldon Critcher as Vice-Chairman Blust’s appointment to the Boone Rural Fire Protection Service District.
VOTE: Aye-5
Nay-0
Watauga County Planning Board
Each Commissioner nominates a representative to the Watauga County Planning Board whose term will run concurrent with the term of the appointing Commissioner. Planning Board members must live within the appointing Commissioners District and action must be taken by the entire Board of Commissioners to make these appointments. These appointments were tabled at the last meeting.
Vice-Chairman Blust recommended the appointment of Jim West and Commissioner Kennedy recommended the appointment of Dennis Scanlin.
Commissioner Yates, seconded by Commission Welch, moved to waive the second reading and appoint Jim West as Vice-Chairman Blust’s appointment and appoint Dennis Scanlin as Commissioner Kennedy’s appointment to the Watauga County Planning Board.
VOTE: Aye-5
Nay-0
B. Announcements
County Manager Geouque announced the following:
· The NCACC Legislative Goals Conference will be held January 14-16, 2015, in Moore County.
· The Essentials of County Government course will be held the following dates:
January 8-9, 2015 Winston-Salem
January 23-24, 2015 Chapel Hill
February 11-12, 2015 Asheville
February 18-19, 2015 New Bern
· The first regular meeting in January has been canceled; therefore, the next regular Board meeting will be held on Tuesday, January 20, 2015, at 5:30 P.M.
Public Hearings to Allow Citizen Comment on the Following:
A. Proposed Amendments to the Watershed Protection Map
A public hearing was scheduled to seek citizen input on the amendment of the County’s official Watershed Map to include portions of the Winkler’s Creek and South Fork New River protected watersheds that are currently within the ETJ. The proposed effective date would be January 1, 2015. The hearing was advertised and a mailing was sent to potentially affected property owners.
The Town of Boone’s lawsuit has the potential to effect the implementation of this amendment change. Currently, the town’s lawsuit against the State is scheduled for a hearing before a three-judge panel at 9:30 a.m. on Monday, December 15, in the North Carolina Court of Appeals building. Should the Town be successful in their lawsuit, the amendment to the County’s watershed ordinance would be a moot point unless the General Assembly was to consider the issue in the long session.
Chairman Hodges called the public hearing to order at 6:02 P.M.
As there was no citizen comment, Chairman Hodges declared the public hearing closed at 6:03 P.M.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the amendments to the Watershed Protection Map effective January 1, 2015, as presented.
VOTE: Aye-5
Nay-0
B. Proposed Ninety Day Moratorium on Development Approvals Required For Land Uses Subject To The Watauga County High Impact Land Use Ordinance
A public hearing has been scheduled to seek citizen input regarding the potential for 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 hearing was advertised and a mailing was sent to potentially affected property owners. Attached are: the proposed moratorium, a map of the current ETJ, and a map of the qualifying areas of the ETJ (draft moratorium map). 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 proposed effective date is January 1, 2015 with the expiration date of April 1, 2015.
As stated previously, the Town of Boone’s lawsuit has the potential to effect the implementation of this amendment change. It is unclear if any ruling will be made prior to the Board meeting on December 16, 2014. However, should the Town be successful in their lawsuit, the moratorium would be a moot point unless the General Assembly was to consider the issue in the long session.
Chairman Hodges called the public hearing to order at 6:03 P.M.
The following citizens shared comments regarding the proposed moratorium:
Harvard Ayers
Jason White
Liz Reddick
Mary Ballard
Annette Reeves
Lee Stroup (also submitted a petition in support of the moratorium)
Anita Stroup
Karen Brown
Bill Gantt
Margaret Eggers
Tim Wilson
Virginia Watson
Chairman Hodges declared the public hearing closed at 6:30 P.M.; however, the following citizens also wished speak and were allowed to do so:
Wade Evans
Mary Gray
Susan Reed-Kelly
Mary Cavanaugh
Billy Grimes
The majority of those who spoke were in favor of the moratorium.
Commissioner Kennedy, seconded by Commissioner Yates, moved to adopt the proposed ninety (90) day moratorium as presented to be effective January 1, 2015.
VOTE: Aye-5
Nay-0
Public Comment
There was no public comment.
Closed Session
At 6:52 P.M., Vice-Chairman Blust, seconded by Commissioner Yates, 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 7:32 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 7:32 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board