MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 3, 2016
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, May 3, 2016, 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
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 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 5, 2016, closed session minutes and the April 19, 2016, regular meeting and closed session minutes.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the April 5, 2016, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the April 19, 2016, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the April 19, 2016, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the May 3, 2016, agenda.
County Manager Geouque requested to add the updated proposed Solicitation Ordinance for consideration after the public hearing for the Sign Ordinance.
Commissioner Kennedy requested to table the Solicitation discussion to allow for it to be printed on an agenda for public view prior to consideration.
After discussion, County Attorney Eggers stated that a vote was required to approve an agenda for the meeting.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to approve the May 3, 2016, agenda as amended.
VOTE: Aye-4(Hodges, Blust, Welch, Yates)
Nay-1(Kennedy)
County Manager Geouque asked for clarification as to whether the vote needed to be unanimous to amend the agenda.
County Attorney Eggers stated that, statutorily, a simple majority was required.
Special Recognition
Chairman Hodges presented a proclamation to Dr. Ken Boham, President of Caldwell Community College and Technical Institute, honoring his service to our community upon his retirement.
Continuation of the Public Hearing to Allow Citizen Comment on Proposed Amendments to the Sign Ordinance
The public hearing held at the April 19, 2016, Board meeting to allow citizen comment on proposed amendments to the Sign Ordinance was continued as directed.
Chairman Hodges called the public hearing to order at 8:41 A.M.
Mr. Joe Furman reviewed the proposed amendments to the County’s Sign Ordinance which were in response to the U.S. Supreme Court case Reed versus the Town of Gilbert, Arizona. Sign regulations must now be content-neutral. It is permissible to regulate size, number, location, and differentiate between temporary and permanent and commercial and residential.
There was no public comment.
Chairman Hodges closed the public hearing at 8:42 A.M.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to adopt the Sign Ordinance as presented.
VOTE: Aye-5
Nay-0
Consideration of the Proposed Solicitation Ordinance
Sheriff Hagaman presented changes to the proposed Solicitation Ordinance as directed at the last Board meeting.
After lengthy discussion, Vice-Chairman Blust, seconded by Chairman Hodges, moved to adopt the Solicitation Ordinance as presented.
VOTE: Aye-3(Hodges, Blust, Welch)
Nay-2(Kennedy, Yates)
Planning & Inspections Matters
A. Request to Submit Full Application to the 2017 Federal Recreational Trails Program
Mr. Joe Furman stated that the pre-application recently submitted for the Middle Fork Greenway was reviewed by the North Carolina Trails Committee on March 4, 2016, and the County has been invited to submit a full application. The deadline for submission is May 27, 2016. Mr. Furman stated that he may request to submit the full application at the May 17th meeting but was exploring whether waiting one year to apply for a PARTF grant would be more feasible for the project.
Chairman Hodges tabled the item until further notice.
B. Request to Set Transportation Priorities for the High Country RPO
Mr. Furman stated that the High Country RPO had requested the County’s priority projects for the Transportation Improvement Program. Mr. Furman presented options for consideration. Mr. Furman stated that the Town of Boone had chosen the Deerfield Road Upgrade option.
After discussion, Commissioner Kennedy, seconded by Commissioner Yates, moved to rank the following projects for Watauga County’s submission to the High Country RPO for the Transportation Improvement Program: 1) Hwy 321/421, Bypass to Vilas; 2) Hwy 105, Bypass to Clarks Creek Road; 3) New Bus for AppalCART; 4) Four-laning Hwy 105 Bypass.
VOTE: Aye-5
Nay-0
Landfill Paving Bid Award Request
Mr. JV Potter, Operations Service Director, presented bids for paving at the landfill facility. Bids were received from the following four vendors: Boone Paving in the amount of $65,120.00; Moretz Paving in the amount of $71,460.00; Tri-County Paving in the amount of $74,947.18; and Maymead in the amount of $77,372.84. Boone Paving was the lowest responsive bidder in the amount of $65,120. Mr. Potter stated that adequate funds were budgeted to cover the expenditure.
Commissioner Yates, seconded by Commissioner Welch, moved to award the bid to Boone Paving in the amount of $65,120 for paving at the landfill facility.
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 2016. 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 2016 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the Refunds and Releases Report for April 2016, as presented.
VOTE: Aye-5
Nay-0
C. Unpaid Real Estate Tax Bills
Mr. Warren presented the unpaid real estate tax bills for Board consideration and advertisement.
Commissioner Kennedy, seconded by Vice-Chairman Blust, charged Mr. Warren to advertise the unpaid real estate tax bills for 2015.
VOTE: Aye-5
Nay-0
Finance Matters
A. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103991-399100 |
Fund Balance Appropriation |
|
$411,000 |
|
104268-458000 |
Capital Outlay-Buildings |
$411,000 |
|
|
|
|
|
|
|
The amendment recognized funds for the Anderson Building renovations. |
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|
104199-499100 |
Administrative Contingency |
|
$100,000 |
|
104150-469101 |
Professional Services-Legal |
$100,000 |
|
|
|
|
|
|
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The amendment transferred funds for additional expenses above original budget. |
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293270-312009 |
Occupancy Tax Revenues |
|
$355,000 |
|
294140-449900 |
Administrative Fee |
$3,550 |
|
|
294140-469900 |
Pay to Watauga County District U TDA |
$351,450 |
|
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The amendment recognized additional estimated occupancy tax revenues and commensurate expenses. |
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103300-343308 |
NCDOT Enhancement Funds |
|
$ 30,000 |
|
104199-499100 |
Administrative Contingency |
|
$42,202 |
|
104285-457003 |
Capital Outlay-Underpass Trail |
$72,202 |
|
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The amendment recognized additional grant funds and Board approved changes to the project. |
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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
B. Proposed Sale of Real Property
Ms. Margaret Pierce presented the winning bid for Lot 314 in the Twin Rivers Development. Mr. Francisco Gomes of West Lake Hills, Texas, submitted the high bid in the amount of $31,100 for the property. The County foreclosed on the property at a cost of $10,822.26. The Board may accept the bid or reject the bid and repost the property on GovDeals with a minimum bid of $31,100.
Commissioner Yates, seconded by Commissioner Welch, moved to accept Mr. Francisco Gomes’ bid in the amount of $31,100.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Presentation of the FY 2017 Capital Improvement Plan (CIP)
The County Manager presented the FY 2016-2017 Capital Improvement Plan (CIP) for review prior to discussion during the upcoming budget work sessions.
B. Presentation of the Manager’s FY 2017 Recommended Budget
The County Manager presented his Recommended FY 2017 Budget message and reviewed highlights. He announced upcoming budget work sessions scheduled for 12:00 P.M. on Wednesday, May 11, 2016, and 9:00 A.M. on Thursday, May 12, 2016. A public hearing will be held on May 17, 2016, at 5:30 P.M. to allow citizen comment on the proposed budget.
C. Proposed Property & Liability Insurance and Workers Compensation Renewals Request
County Manager Geouque stated that renewal rates for property and liability insurance and workers compensation were as follows: for property and liability the rate is $178,026, which is a $12,023 decrease. The rate for workers compensation is $265,709, which is a 3.96% decrease. Based on prior years claims experience staff recommended continuing the property deductible at $5,000.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the renewals for property and liability insurance and workers compensation from the North Carolina Association of County Commissioners (NCACC), in the amount of $178,026 and $265,709 respectively.
VOTE: Aye-5
Nay-0
D. Boards and Commissions
County Manager Geouque presented the following considerations for Boards and Commissions:
Watauga County Board of Adjustment
Janet Beck has resigned from the Board of Adjustment. Her 3-year term was set to expire in November. She is an at-large appointee. The Commissioners have the option of appointing someone to finish the term or to make a new 3-year appointment that would expire in November, 2019.
AppalCART Board
Dr. Tim Burwell (Interim Vice Chancellor for Business Affairs) has indicated that Appalachian State University would like him to fill the seat vacated by Greg Lovins on the AppalCART Board. Mr. Craig Hughes, AppalCART Director, has requested Mr. Burwell be appointed.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to waive the second reading and appoint Mr. Burwell to represent Appalachian State University on the AppalCART Board.
VOTE: Aye-5
Nay-0
E. Announcements
County Manager Geouque announced the following:
· Budget work sessions are scheduled for Wednesday, May 11, (12:00 – 6:00 P.M.) and Thursday, May 12, (9:00 A.M. – 12:00 P.M.). Both work sessions will be held in the Commissioners’ Board Room.
· The Trustees of Caldwell Community College & Technical Institute invite the Board of Commissioners to a meeting on Wednesday, May 18, 2016, at 6:00 P.M. at the Occupational Training Facility on Hwy 105 Bypass, Boone NC, in Room 106.
Public Comment
Ms. Susan Adams signed to speak; however, she left the meeting prior to public comment.
Closed Session
At 9:57 A.M., Vice-Chairman Blust, seconded by Commissioner Welch, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
[Clerk’s Note: An update was given by the County Attorney regarding the recent Board of Adjustment Appeals (Appalachian Materials and Maymead/Hampton) during closed session.]
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 10:18 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adjourn the meeting at 10:18 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board