MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 5, 2015
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, May 5, 2015, at 8:30 A.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
Austin Eggers, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Hodges called the meeting to order at 8:30 A.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the April 21, 2015, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the April 21, 2015, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Welch, moved to approve the April 21, 2015, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the May 5, 2015, agenda.
County Manager Geouque requested to add possible action after closed session.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the May 5, 2015, agenda as amended.
VOTE: Aye-5
Nay-0
Request from US Motto Action Committee
Mr. Rick Lanier, Vice Chairman of the US Motto Action Committee, requested the Board consider a proposed resolution and placing the National Motto, which is “In God We Trust,” on the County Courthouse and Administration Building in which the Action Committee will assume all costs associated with the display.
After lengthy discussion, Commissioner Yates, seconded by Vice-Chairman Blust, moved to adopt the resolution and place the National Motto on the proposed buildings.
After additional discussion, the following vote was taken:
VOTE: Aye-4(Hodges, Blust, Welch, Yates)
Nay-1(Kennedy)
Chairman Hodges requested to go on record as one of the first to make a contribution to the cause.
Request for a Public Disc Golf Course
Chairman Hodges stated that at the last Board meeting, Mr. Richard Rosenfeld spoke at public comment requesting Board consideration for a public disc golf course.
The proposed location of the course is next to the current Law Enforcement Center. The land is owned by the North Carolina Department of Transportation of which a willingness to potentially partner with the County on the disc golf course has been expressed to Mr. Rosenfeld. A plan would be required and restrictions placed on the property in the event that a future State need was identified.
The County would be required to enter into a lease agreement with the North Carolina Department of Transportation to secure the property. Staff understands that Mr. Rosenfeld has agreed to pay for the construction and five (5) years’ worth of maintenance on the course.
Mr. Rosenfeld was not at the meeting; however, several citizens living within close proximity to the proposed location were present. Chairman Hodges allowed those who wished to speak. The speakers were: Charles Walker, Trudy Moss, and Bryce Osborne.
After discussion, Commissioner Kennedy, seconded by Commissioner Yates, moved to direct staff to work with the Recreation Commission to find a better site for a proposed public disc golf course.
VOTE: Aye-5
Nay-0
Proposed Amendments to the Following Ordinances:
A. Ordinance to Regulate High Impact Land Uses
B. An Ordinance to Regulate Loud Disturbing Noise and Activities
Mr. Joe Furman stated that, per Board direction and in response to North Carolina Session Law 2014-33 that abolished the Town of Boone’s extraterritorial jurisdiction (ETJ), the Planning Board has been reviewing the High Impact Land Use (HILU) and noise ordinances. The Town of Boone has appealed the law and was granted a temporary injunction. The court case is still ongoing.
Despite the temporary injunction, the Planning Board felt it was necessary to update both of the ordinances regardless of the court case. Should the Board adopt the proposed amendments, the County would be prepared to assume jurisdiction over the former Town of Boone ETJ.
Mr. Furman and Planning Board Chairman, Mr. Ric Mattar, presented the ordinances with the proposed amendments. In the HILU ordinance significant consideration was given to Article II, Section 3(F) – Spacing Requirements. Mr. Furman also reviewed a map detailing those spacing options. The Noise Ordinance was a complete re-write as the last modification was adopted in 1986.
Commissioner Kennedy, seconded by Commissioner Yates, moved to schedule a public hearing on June 16, 2015, at 5:30 P.M. to allow citizen comment on proposed amendments in both the High Impact Land Use Ordinance and the Noise Ordinance.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of April 2015. 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 April 2015, 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
Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the Refunds and Releases Report and the North Carolina Vehicle Tax System Refunds and Releases Report for April 2015, as presented.
VOTE: Aye-5
Nay-0
Sale of Real Properties
Ms. Margaret Pierce stated that the Board adopted resolutions authorizing the sale of property to include the Brown Farm Ridge, Inc. and Mill Ridge properties all of which were donated to the County. The Board declared the properties surplus and the adoption of the resolutions started the sale process. After considerable discussion, direction was given to set the minimum bid for both properties at half of the current tax value.
The auction of the properties closed with no offers to purchase. However, staff later received an offer for the Brown property in the amount of $3,000 with no upset bid received. The current tax value is $26,000. The Mill Ridge properties were resubmitted for sale on GovDeals in which an offer was received in the amount of $4,601.
Commissioner Kennedy, seconded by Commissioner Yates, moved to accept the offer of $3,000 from Richard Furman for the Brown property
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Kennedy, moved to accept the $4,601 from Francisco Gomes for the Mill Ridge properties.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to direct the County Attorney to draw the deeds and legal documents as associated with the sales of property.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Presentation of the FY 2016 Capital Improvement Plan (CIP)
County Manager Geouque presented the FY 2016 Capital Improvement Plan (CIP) for review prior to discussion during the upcoming budget work sessions.
B. Presentation of the Manager’s FY 2016 Recommended Budget
County Manager Geouque presented the FY 2016 Proposed Budget Message and reviewed highlights. He announced upcoming budget work sessions scheduled for 4:00 P.M. on Monday, May 11, 2015, and Tuesday, May 12, 2015. A public hearing will be held on May 19, 2015, at 5:30 P.M. to allow citizen comment on the proposed budget.
C. Daymark Recovery Services, Inc. Proposed Lease Renewal
County Manager Geouque stated that the lease with Daymark Recovery Services was scheduled to expire June 30, 2015. Daymark Recovery Services would like to renew the lease with the same terms and conditions as the current lease. The space to be leased is at the County’s Human Service Building and includes 13,775 square feet of space. Daymark agreed to lease the space at the rate of $5 per square foot ($68,875 per year) in monthly installments of $5,739.58. The new lease term would be July 1, 2015 to June 30, 2018. Included in the lease under Section 10 is an additional fee in the amount of $67,718 per year, to be paid in monthly installments of $5,643, which is to cover utilities and janitorial services.
The current lease was drafted and approved by the County Attorney. In addition, the lease has been advertised for the ten (10) ten days as required by the general statutes.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the lease with Daymark Recovery Services as presented.
VOTE: Aye-5
Nay-0
D. Watauga Medics Proposed Contract Revision – Second Ratifying Vote
County Manager Geouque presented proposed amendments to the current Ambulance Franchise Agreement with Watauga Medics for a second ratifying vote of approval. The major change is to allow Watauga Medics to increase their rates to maximize the Medicaid dollars. This change would result in a reduction in the County’s annual supplement and allow the savings to fund an ambulance study and the additional utility costs associated with the new ambulance station.
North Carolina General Statute 153A-46 requires grants, renewals, extensions, or amendments of any franchise to be passed at two regular meetings of the Board of Commissioners before it may be officially adopted.
Chairman Hodges requested that item # 10 be revised to read that the second base of operations would be provided upon completion.
Commissioner Yates, seconded by Commissioner Kennedy, moved to approve the Ambulance Franchise Agreement with Watauga Medics contingent upon item # 10 being revised to read that the second base of operations would be provided upon completion.
VOTE: Aye-5
Nay-0
[Clerk’s Note: Since a revision was made for the second ratifying vote; this will be considered the first vote and the Agreement will be brought before the Board for a second ratifying vote at the next regular Board meeting.]
E. Discussion of Proposed Resolution in Support of the Governor’s Connect NC Bond
County Manager Geouque stated that the Governor’s Office requested the County adopt a resolution in support of the Connect NC Bonds. Appalachian State University’s College of Nursing and Health Sciences has been included as a potential project in the Connect NC Bond.
After discussion and by consensus, the Board directed the County Manager to request that a representative of the Governor’s Office make a presentation and provide a sample resolution for consideration.
F. Announcements
County Manager Geouque announced the following:
? Budget Work Sessions are scheduled for Monday, May 11, and Tuesday, May 12, 2015. Both work sessions begin at 4:00 P.M. and will be held in the Commissioners’ Board Room.
? A public hearing will be held to allow citizen comment regarding the FY 2016 Proposed Budget on May 19, 2015, at 5:30 P.M. in the Commissioners’ Board Room.
? The Trustees of Caldwell Community College & Technical Institute invites the Board of Commissioners to a meeting on Wednesday, May 20, 2015, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Boone NC, in Room 112.
? You are invited to attend the 2015 Watauga County State of the Child Forum on Thursday, May 7, 2015, from 8:30 A.M. until 11:00 A.M. at Watauga Medical Center. Additional information is included in the packet.
? Friends of the Library invite you to participate in their Restaurant Raffle. Additional information is included in the packet.
Public Comment
The following spoke during public comment:
Mr. Frank Packard requested the Board adopt a resolution in support of HB875 which may have an impact on the Town of Boone’s water intake project.
Ms. Deborah Greene presented a proposed resolution in support of HB875 as requested on behalf of the New River Advocates.
Closed Session
At 10:24 A.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 Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 11:05 A.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
Requests were presented from the Town of Boone for two easements on County-owned property for water lines with one being located near the new Watauga High School and the other near the Hannah building. The easements included wording as follows:
“4. In consideration of Grantor’s conveyance of this easement, Grantee agrees that it shall reserve a water allocation of 250,000 gallons for the old Watauga High School property owned by Grantor until that property is sold by Grantor to a third party (hereinafter, “purchaser”) and thereafter shall continue to reserve said water allocation until the earlier of the following two dates (the earlier date being the “expiration date”): (i) the date the purchaser (or that purchaser’s assignee or grantee) is granted a water allocation by the Boone Town Council and become vested in water rights for the property or (ii) the date that is two years after the date Grantor conveyed the property to the purchaser. In the event Grantee should fail to make the aforesaid 250,000 gallon water reservation within two months of the date of recording of this instrument or, having made such a reservation, should let it lapse or cause it to terminate prior to the “expiration date” as defined in the prior sentence, then the easement conveyed in this instrument shall immediately terminate and all interest therein shall revert back to Grantor.”
After brief discussion, Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the two easements as modified below (two years being changed to four years):
“4. In consideration of Grantor’s conveyance of this easement, Grantee agrees that it shall reserve a water allocation of 250,000 gallons for the old Watauga High School property owned by Grantor until that property is sold by Grantor to a third party (hereinafter, “purchaser”) and thereafter shall continue to reserve said water allocation until the earlier of the following two dates (the earlier date being the “expiration date”): (i) the date the purchaser (or that purchaser’s assignee or grantee) is granted a water allocation by the Boone Town Council and become vested in water rights for the property or (ii) the date that is two four years after the date Grantor conveyed the property to the purchaser. In the event Grantee should fail to make the aforesaid 250,000 gallon water reservation within two months of the date of recording of this instrument or, having made such a reservation, should let it lapse or cause it to terminate prior to the “expiration date” as defined in the prior sentence, then the easement conveyed in this instrument shall immediately terminate and all interest therein shall revert back to Grantor.”
VOTE: Aye-3(Hodges, Kennedy, Welch)
Nay-2(Blust, Yates)
Commissioner Welch clarified that approval of the easements was not endorsing the Town of Boone’s water intake project.
County Manager Geouque requested direction regarding the citizen requests to place a proposed resolution in support of HB875 on the agenda.
By consensus, the Board directed staff to place the proposed resolution on the agenda.
Adjourn
Commissioner Welch, seconded by Commissioner Yates, moved to adjourn the meeting at 11:11 A.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board