MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 20, 2016
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, September 20, 2016, 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 5:30 P.M.
Commissioner Yates opened with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the September 6, 2016, regular meeting and closed session minutes.
The following correction was presented:
“Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 19 August 2, 2016, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the July 19 August 2, 2016, closed session minutes as presented.
VOTE: Aye-5
Nay-0”
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the September 6, 2016, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the September 6, 2016, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the September 20, 2016, agenda.
County Manager Geouque requested an update from Communications and Emergency Services Director, Jeff Virginia, be added to the agenda regarding the fuel supply issue.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the September 20, 2016, agenda as amended.
VOTE: Aye-5
Nay-0
Appalachian Regional Library Annual Report
Ms. Jane Blackburn, Appalachian Regional Library Director, presented the organization’s annual report. Ms. Monica Caruso, Watauga County Librarian, gave a presentation on the local Library’s events and statistics. The presentation was given for information only.
Report From Smoky Mountain Center
Ms. Shelly Foreman, Smoky Mountain Center Communications Director, presented the Reinvest 2016 Community and Capital Reinvestment Plan. Ms. Foreman also introduced the Center’s new name, VAYA Health Solutions, which is scheduled to go into effect October 1, 2016. The presentation was given for information only.
Tax Matters
A. Proposed Resolution to Terminate/Appoint Plat Review Officers
Mr. Larry Warren, Tax Administrator, presented a proposed resolution to appoint Ms. Betty L. “Lorrie” Stevens, Tax Department employee, as a Plat Review Officer. Adopting the proposed resolution will give Ms. Stevens the authority to review plats prior to recording, and to determine if the plats meet statutory requirements for recording. The proposed resolution also removes Ms. Marilyn Osborne and Mr. Brandon Saunders from their duties as Review Officers as they no longer are employed with the County.
The following correction to the resolution was requested by Commissioner Kennedy:
“WHEREAS, two of the four employees has have left County employment, leaving Nathan Bland and Larry Warren as Review Officers; and”
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the resolution as amended.
VOTE: Aye-5
Nay-0
B. Property Tax Appeal
Mr. Warren stated that Hebron Colony Ministries had applied for tax exemption on several properties that have been donated to their organization. In their application the organization stated that the properties were being held for sale. Mr. Warren stated that the application was denied based on North Carolina General Statute 105-278.7 due to the properties not being used to meet the organization’s mission.
Mr. Don Holder, with Hebron Colony Ministries, stated that the properties were donated to the ministry for the purpose of liquidating into cash which would be used to fund ministry services.
Mr. Warren stated that non-profits were allowed to appeal their tax value outside the timeframe when the Board of Equalization and Review meets. Therefore, Hebron Colony Ministries is entitled to appeal Mr. Warren’s decision to the Board of Commissioners since the Board of Equalization and Review has adjourned.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to grant the tax exclusion as requested by Hebron Colony. County Attorney Eggers recommended the appeal be denied as a matter of law based on the applicant’s statements as to the use of the land. The motion and second were rescinded after the County Attorney’s legal advice was given. The County Attorney stated that action was required to address the appeal.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to deny Hebron Colony Ministries’ application for tax exemption on the requested properties based on North Carolina General Statute 105-278.7.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103586-332006 |
Senior Health Insurance Information Program |
|
$2,596 |
|
105550-449901 |
SHIIP Grant |
$2,596 |
|
|
|
|
|
|
|
The amendment recognized the acceptance of the Senior Health Insurance Information Program (SHIIP) grant funds. A County match in funds was not required. |
|||
|
|
|||
|
103300-345000 |
Rural Operating Assistance Program (ROAP)Grant |
|
$157,894 |
|
104500-469845 |
Elderly and Disabled |
$61,135 |
|
|
104500-469844 |
Employment Transportation |
$13,551 |
|
|
104500-469843 |
Rural General Populations |
$83,208 |
|
|
|
|
|
|
|
The amendment recognized the acceptance of the North Carolina Department of Transportation (NCDOT) Rural Operating Assistance Program (ROAP) grant funds. A County match in funds was not required. |
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|
|
|
|
|
|
103980-398121 |
Transfer from Capital Projects Fund |
|
$486,500 |
|
105911-470024 |
Mabel Fuel Tank/Parking Lot |
$218,500 |
|
|
105911-470025 |
Classroom Projectors |
$100,000 |
|
|
105911-470026 |
Vehicle Replacements |
$168,000 |
|
|
213911-399101 |
Fund Balance Appropriations |
|
$486,500 |
|
219800-498010 |
Transfer to General Fund |
$486,500 |
|
|
|
|
|
|
|
The amendment allocated funds for the grease trap replacement and kitchen renovations at Hardin Park School. The County match to ADM funds provided by School Capital Project set aside funds. |
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Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
Proposed Amendments to the Solicitation Ordinance
Vice-Chairman Blust presented proposed amendments to the Solicitation Ordinance addressing the safety and protection of children and animals.
County Attorney Eggers reviewed the following proposed changes:
Added the following definitions:
Child: A minor person under sixteen (16) years of age.
Domestic Animal: A domestic dog or domestic cat, as defined under the Watauga County Animal Care and Control Ordinance.
Service Animal: An animal that that is individually trained to do work or perform tasks for the benefit of an individual with a disability, as allowed by North Carolina General Statutes § 168-4.2.
Added the following under Article VII. Permit Issuance:
Q. Protective Vest for Minor Accompanying a Solicitor.
All children accompanying or being supervised by individuals engaged in Solicitation under this Ordinance shall wear a reflective vest which meets the standards set by the North Carolina Department of Transportation at all times while the person they are accompanying or being supervised by is engaged in Solicitation activities. Upon the issuance of a Permit, the Sheriff shall have available to all such minor children a vest which complies with these requirements, which shall be available to the minor child(ren) without charge so long as said minor child(ren) appear in person at the office of the Sheriff with the Permitee.
R. Solicitor May Not Be Accompanied By Domestic Animals.
No individual engaged in Solicitation under this Ordinance may be accompanied by any domestic animal if the individual is soliciting within fifteen (15) feet of a road, street, or highway. Service Animals are exempt from this requirement.
Commissioner Kennedy, seconded by Commissioner Yates, moved to schedule a public hearing on Tuesday, October 18, 2016, at 5:30 P.M. to allow citizen comments on the proposed amendments to the Solicitation Ordinance.
VOTE: Aye-5
Nay-0
Board of Elections Matters
Ms. Stella Anderson, Watauga Board of Elections Member, requested the Board appoint a different attorney, other than County Attorney Four Eggers, to represent and give legal advice to the Board of Elections. County Attorney Eggers stated that he serves at the pleasure of the Board and works for the majority of the Board as he sees fit. Mr. Eggers stated that he believed Ms. Anderson disagrees with his legal decisions. Lengthy discussion ensued. No action was taken.
Emergency Management Update on Fuel Supply
Mr. Jeff Virginia, Director of Communications and Emergency Services, gave an update on the fuel shortage issue due to the recent gas line break in Alabama. Mr. Virginia stated that he had been in teleconferences with State Emergency personnel where he learned that the gas line has been repaired, reopened (after required testing) and should be available to the public in a few days. Mr. Virginia stated that the County Manager and staff had secured fuel for emergency personnel and non-essential travel has been limited for staff. County Manager Geouque encouraged citizens to follow normal driving habits for refueling their vehicles.
Miscellaneous Administrative Matters
A. Network Storage Solution Request
County Manager stated that IT staff has been working on upgrades to the County’s current technology infrastructure which would improve data storage and reduce latency in reading of the stored data. A proposed contract with EMC was presented for the upgrade, in the amount of $65,162.88. The contract includes support and maintenance for four (4) years. Adequate funds have been budgeted to cover the requested purchase.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the contract with EMC in the amount of $65,162.88, which includes support and maintenance for four (4) years, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Out-of-State Travel Request – Parks and Recreation
County Manager Geouque stated that Keron Poteat, Recreation Specialist II, requested authorization to travel out-of-state to Hilton Head, South Carolina, for the North America Special Olympics Tennis Championships. The tournament is October 12-16, 2016. There will be four local Special Olympics athletes attending. County policy requires all out-of-state travel be approved by the Board.
Commissioner Yates, seconded by Commissioner Welch, moved to approve Keron Poteat’s out-of-state travel request as presented.
VOTE: Aye-5
Nay-0
C. Boards and Commissions
County Manager Geouque presented the following Boards and Commissions appointments:
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. Applications have been received from Crawford Cleveland, III, Charles Phillips and Cory Harrison and Ceylon Barclay.
Commissioner Kennedy moved to appoint Crawford Cleveland to the Watauga County Board of Adjustments. The motion died for lack of a second.
Baxter Palmer is currently an Alternate on the Watauga County Board of Adjustments and is willing to be appointed as a regular member. If so appointed, an appointment would be needed to fill the alternate seat.
Also, David Hill’s term on the Board of Adjustment will expire in November. He is willing to be reappointed. This is a second reading.
Commissioner Yates, seconded by Vice-Chairman Blust, moved to appoint Charles Phillips to the Watauga County Board of Adjustments with his term to end November 2019.
VOTE: Aye-3(Hodges, Blust, Yates)
Nay-2(Kennedy, Welch)
Economic Development Commission
There are two vacancies on the Economic Development Commission. One vacancy is an unfulfilled term expiring June, 2017, and the other is an unfulfilled term expiring June, 2018. Those seats were occupied by individuals who have moved from Watauga County. The EDC has fourteen members; nine are appointees, the other five serve by virtue of their organizations, including one Commissioner. All members vote.
No applications have been received.
Workforce Development Board
High Country Workforce Development has recommended Ms. Sonya Trapp for appointment as a private sector representative.
Commissioner Kennedy, seconded by Commissioner Yates, moved to appoint Ms. Sonya Trapp as the Watauga County private sector representative on the High County Workforce Development Board.
VOTE: Aye-5
Nay-0
D. Announcements
County Manager Geouque announced the following:
· Caldwell Community College and Technical Institute (CCC&TI) invites the Board to attend a Trustees of CCC&TI dinner meeting on Wednesday, September 16, 2015, at 6:00 P.M. at the Watauga Instructional Facility on Hwy 105 Bypass, Room 112.
· A renaming dedication service will be held at the Optimist Fields on Saturday, September 24, 2016, at 4:00 P.M. by the Optimist Club. There will be a BBQ and chicken dinner after the dedication.
· Due to the Board of Elections requiring the use of the Board room for one-stop voting, the November 1, 2016, Board of Commissioners meeting has been cancelled.
Public Comment
There was no public comment.
Adjourn
Vice-Chairman Blust, seconded by Commissioner Welch, moved to adjourn the meeting at 7:25 P.M.
Jimmy Hodges, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board