MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, FEBRUARY 7, 2017

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, February 7, 2017, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      John Welch, Chairman

                                                Billy Kennedy, Vice-Chairman

                                                Jimmy Hodges, Commissioner

                                                Larry Turnbow, Commissioner

Perry Yates, Commissioner

Anthony di Santi, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 8:33 A.M.

 

Commissioner Yates opened with prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the January 17, 2017, regular and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the January 17, 2017, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the January 17, 2017, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the February 7, 2017, agenda.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the February 7, 2017, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

Watauga County School System Matters

A.  Superintendent Update

B.  Lottery Funds Request

 

Dr. Scott Elliott, Watauga County Schools Superintendent, gave an update of the school system.  Watauga County Schools have recently been ranked third overall in the State and listed as the second best school system to teach.  Dr. Elliott stated that they have had a 14% turnover rate and continued to attract great teachers.  The school system has been able to fund the tech equipment project without leasing and gym floor refinishing was ongoing.

 

Dr. Elliot requested approval of Education Lottery Fund applications in a total amount of $127,500.  $52,500 will be used for cafeteria upgrades including the replacement of ovens and kitchen equipment for K-8 schools and $75,000 for the correction of flooding issues at Blowing Rock School.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the Education Lottery Funds applications as presented by Dr. Elliott.

 

VOTE:  Aye-5

             Nay-0

Community Care Clinic 2016 Annual Report

Ms. Melissa Selby, Community Care Clinic Director, presented the Clinic’s 2016 Annual Report.  The report was for information only; therefore, no action was required.

High Country United Way Report

Dr. Gary Childers and Nancy Reigel presented the results of the High Country United Way’s Community Priorities Focus Groups.  The report was for information only; therefore, no action was required.

Planning & Inspections Matters

A.  Request to Submit A Recreation Trails Program (RTP) Pre-Application for Guy Ford River Access

 

Mr. Joe Furman, Planning and Inspections Director, presented a pre-application in the amount of $100,000 from the Recreation Trails Program (RTP).  The funds would be used for the Guy Ford Road River Access.  Notification of the grant schedule was released in mid-January with the pre-application due February 24, 2017.  If the pre-application is approved, a final application will be due July 14, 2017.  The Guy Ford property was deeded to the County previously and is included in the Watauga Tourism Development Authority’s Outdoor Recreation Plan.  No County funds are being requested.  Mr. Furman stated that a meeting where public comments can be received regarding the project is needed for the application and, therefore, requested a public hearing be scheduled for the February 21st meeting.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to authorize the submission of the Recreation Trails Program (RTP) pre-application in the amount of $100,000 and schedule a public hearing for February 21, 2017, to allow citizen comment on the proposed pre-application.

VOTE:  Aye-5

             Nay-0

 

B.  Request to Submit A Parks and Recreation Trust Fund (PARTF) Grant Application for Middle Fork Greenway

 

Mr. Furman presented a proposed application to the Parks and Recreation Trust Fund (PARTF) in the amount of $500,000.  The purpose of the grant is to fund Section 4B of the Middle Fork Greenway.  The grant requires a $500,000 match that will be provided by the land value, other grants, and donations.  The project was endorsed by the Parks and Recreation Commission on December 14, 2016.  No County funds would be required.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to authorize the submission of the Parks and Recreation Trust Fund application (PARTF) in the amount of $500,000.

VOTE:  Aye-5

             Nay-0

Security Systems Bid Award Request

Mr. Robert Marsh, Maintenance Director, presented the following bids received for security systems for the East Annex, Anderson (Old AppalCart) Building, and Human Services Center.

 

SECURITY SYSTEMS BID RESULTS

 

Creekside

Electronics

Skybest

Security

 

Tyco

Mountain Heritage

Systems

 

East Annex

Aiphone      $9,154

Camera         5,102

TOTAL    $14,256

 

$14,463.30

 

$32,402.70

Aiphone      $ 9,444.96

Camera          9,788.00

TOTAL     $19,232.96

 

 

Anderson Bldg.

Camera     $  4,065

Security           536

Access

Control         5,941

TOTAL    $10,542

 

 

$11,353.45

 

 

$24,535.71

Camera      $  7,602.00

Security            902.49

 Access

Control          4,311.00

TOTAL     $12,815.49

Human Services

Camera     $  8,481

Panic

Button           1,465

Intercom       3,729

Access

Control         9,435

TOTAL    $23,110

 

 

 

$23,619.36

 

 

 

$58,615.01

 

Security     $  2,520.40

 Panic/

Access           6,826.00

Camera        21,341.00

TOTAL     $30,687.40

 

Total Bid

 

$47,908

 

$49,436.11

 

$115,553.42

Discount     -$ 9,410.39

Labor           22,560.00

                $75,885.46

 

The lowest responsive bidder was Creekside Electronics in the amount of $47,908.

 

Funds were budgeted for FY 2016-2017 for the Anderson Building and Human Services Center.  No funds were budgeted for the East Annex as the Probation and Parole Office did not request consideration to be included in the project until December 2016.  However, funds have been identified in the Maintenance budget to cover the East Annex and the overage in the Human Services Center.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to accept the proposal from Creekside Electronics in the amount of $47,908 for security systems for the East Annex, Anderson (Old AppalCart) Building, and Human Services Center and approve the $4,800 contingency.

 

VOTE:  Aye-5

             Nay-0

Communications and Emergency Services Matters

A.  Firehouse Subs Foundation Grant Submission Request for the Purchase of Automatic Electronic Defibrillators (AEDs)

 

Mr. Jeff Virginia, Emergency Services Director, requested permission to apply for a Firehouse Subs Foundation grant, in the amount of $12,990.00, to provide Automatic Electronic Defibrillator’s (AEDs) to be placed in various County buildings.  If awarded the grant, staff would create a comprehensive training program on the use of AEDs and their appropriate location.  This is an opportunity to enhance medical safety for the general public utilizing county facilities.  Mr. Virginia stated that Zoll was chosen as the AED due to compatibility with Watauga Medics equipment.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to authorize the submission of a grant application, in the amount of $12,990, to Firehouse Subs Foundation to provide Automatic Electronic Defibrillator’s (AEDs) in County buildings as presented.

 

VOTE:  Aye-5

             Nay-0

 

B.  Hazardous Mitigation Grant Program (HMGP) Morningside Drive Project

 

Mr. Virginia stated that in August of 2014, the Board approved the submittal of an application to the Hazardous Mitigation Grant Program (HMGP) for funding for the demolition and removal of a home located at 131 Morningside Drive in Boone.  Several years ago numerous homes located in the area were demolished and removed along Morningside Drive as part of a HMGP project.  At that time, the subject property owner was not interested in participating in the project.  However, continued flood related issues after the sale of the home has prompted the new owners to request participation in the HMGP.  Based on conversations with Mr. Stephen Sudderth, the Town of Boone was not interested in participating in the current application leaving the County the only option for assistance and relief for the home owner.

 

The total cost of the project is $215,874 with a required match of $53,968.50, which is to be paid by the State.  The only cost to the County would be staff time and maintenance (mowing/weed eating) of the property once the project is completed.  Staff would continue to work with the Town for possible incorporation into the existing lots already mitigated.  Board approval was given to accept the grant from the Hazardous Mitigation Grant Program (HMGP) in the amount of $215,874 with the required match of $53,968.50 to be paid by the State. 

 

The initial value of the property was $189,400 and the new appraised value is $220,000.  Due to the new appraisal of the property, an additional $30,600 is required to complete the project.  No County funds are required.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to request an additional $30,600 from the Hazardous Mitigation Grant Program (HMGP) which brings the total project cost to $246,474.

VOTE:  Aye-5

             Nay-0

Proposed Appointment of Home & Community Care Block Grant (H&CCBG) Advisory Committee and Lead Agency

Ms. Angie Boitnotte stated that each year the Board was required to appoint a lead agency and advisory committee to make recommendations on how to best expend the County’s allocation from the Home and Community Care Block Grant (H&CCBG) funds.  H&CCBG funds were established by the Older American’s Act and were administered by the North Carolina Division of Aging.

 

The following were recommended for appointment to the committee:  the Area Agency on Aging Director, Julie Wiggins, Linda Bretz, Murray Hawkinson, Tom Hughes, Beth Lovette, Margie Mansure, Sarah McKethan, Robin Winkler, Pat Coley, Kat Danner, Sherry Harmon, Gail Hawkinson, Bob Parker, Dr. Ed Rosenberg, and Betty Wyse.  Commissioner Yates was appointed to this Committee at the December 5, 2016, Board of Commissioners meeting.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to waive the second reading and appoint the Area Agency on Aging Director, Julie Wiggins, Linda Bretz, Murray Hawkinson, Tom Hughes, Beth Lovette, Margie Mansure, Sarah McKethan, Robin Winkler, Pat Coley, Kat Danner, Sherry Harmon, Gail Hawkinson, Bob Parker, Dr. Ed Rosenberg, and Betty Wyse to the Home and Community Care Block Grant Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to appoint the Watauga County Project on Aging as the Lead Agency for Home and Community Care Block Grant funds.

 

VOTE:  Aye-5

             Nay-0

Finance Matters

A.  Budget Amendments

 

Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:

 

Account #

Description

Debit

Credit

103586-332005

Exxon Grant

 

$2,000

105550-449902

Exxon Grant

$2,000

 

 

 

 

 

The amendment recognized additional revenue received from the ongoing Exxon grant funds.  No County dollars are required as match funds.

 

103300-343116

Governor’s Crime Commission Grant

 

$23,400

104210-452000

Capital Outlay – Data Processing Equipment

$10,800

 

104310-449901

NCDPS Grant

$12,600

 

 

 

 

 

The amendment recognized the acceptance of the Governor’s Crime Commission grant funds, per Board approval at the December 5, 2016, meeting.  No County dollars are required as match funds.

 

663300-374200

Coca~Cola Grant

 

$680

667421-429001

Recycling Supplies

$680

 

 

 

 

 

The amendment recognized the acceptance of the Keep America Beautiful/Coca~Cola grant funds per Board approval at the December 20, 2016, Board meeting.  Required local match funds are available in the recycling budget.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:  Aye-5

             Nay-0

 

B.  Vaya Health Quarterly Report

 

Ms. Margaret Pierce, Finance Director, presented the Vaya Health Quarterly Financial Report as required by Statute.  No action was required.

Miscellaneous Administrative Matters

A.  Consideration of Meeting Schedule

 

County Manager Geouque presented an updated schedule regarding the High Impact Land Use (HILU) moratorium.  Based on the current process, staff recommended the Board schedule a Public Hearing on February 28, 2017, to seek citizen input regarding upcoming recommended changes to the High Impact Land Use ordinance.

 

The Planning Board is scheduled to meet February 13, 2017, to finalize recommendations for the HILU.  These recommendations will be presented to the Board at the February 21, 2017, meeting.  The Board has a regular meeting scheduled on March 7, 2017, which is after the public hearing on February 28th but before the HILU moratorium expires on March 10, 2017.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to schedule the public hearing on February 28, 2017 at 5:30 PM to seek citizen input regarding potential changes to the HILU ordinance.

 

VOTE:  Aye-5

             Nay-0

 

B.  Update on Sunday Hunting

 

County Manager Geouque stated that a draft resolution was prepared for consideration by the Board of Commissioners at a previous meeting.  The North Carolina General Assembly amended the statutes to enact the current Sunday hunting regulations.  The North Carolina Association of County Commissioners has recently provided some additional information regarding Sunday hunting.  A copy of Session Law 2015-144 House Bill 640 is included.  Part V, Section 5 (b) (highlighted) is of significance to the County regarding hunting on Sundays.

 

SECTION 5.(b) states:

 

(b) A county may by ordinance prohibit hunting on Sunday as allowed under G.S. 103-2, provided the ordinance complies with all of the following:

(1)  The ordinance shall be applicable from January 1 until December 31 of any year of effectiveness.

(2)  The ordinance shall allow for individuals hunting in an adjacent county with no restriction on Sunday hunting to retrieve any animal lawfully shot from the adjacent county.

(3)  The ordinance shall be applicable to the entire county.

 

Section 5 continues with:

 

SECTION 5.(c) Subsection (b) of this section becomes effective October 1, 2017.  A county may adopt an ordinance to prohibit Sunday hunting prior to October 1, 2017, but any such ordinance shall not become effective until October 1, 2017. The remainder of this section becomes effective October 1, 2015.

 

A resolution would only be required if the Board wished to pass an ordinance banning Sunday hunting with an effective date prior to October 1, 2017.  In light of this information the Board has three (3) options to consider.

 

Option 1.  Continue with the public hearing scheduled for February 21, 2017, to seek additional citizen input regarding Sunday hunting.  Upon closing of the public hearing, the Board determines if an ordinance banning Sunday hunting is warranted, and directs staff to develop an ordinance for Board review and schedules an additional public hearing on the proposed ordinance.  After the public hearing the Board adopts the ordinance with an effective date of January 1, 2018.

 

Option 2.  Continue with the public hearing scheduled for February 21, 2017, to seek additional citizen input regarding Sunday hunting.  Upon closing of the public hearing, the Board determines an ordinance banning Sunday hunting is not warranted; NCGS 103-2 would address Sunday hunting.

 

Option 3.  The Board reviews and considers citizen input already received and determines an ordinance banning Sunday hunting is not warranted; and NCGS 103-2 NCGS 103-2 would address Sunday hunting.  The public hearing scheduled for February 21, 2017, would be cancelled.

 

After lengthy discussion, no action was taken; therefore, the public hearing will be held on February 21, 2017, as scheduled.

 

C.  Broadband Survey

 

County Manager Geouque stated that staff has developed a broadband survey to assess the County’s broadband needs.  The purpose of the study will be to identify areas with limited or no broadband access.  Once these areas are identified a map will be created to provide to possible vendors for services.  The County has partnered with Appalachian State University, County Library, and the North Carolina Information Technology Broadband Infrastructure Office.

 

The County Manager presented a copy of the public service announcement along with the link to the survey.  Staff, with Board approval, will advertise the study on the County website, local newspapers, and University and School Board venues.  Upon completion and analysis of the survey the results will be presented to the Board and further action will be determined at that time.

 

By consensus, the Board authorized staff to move forward with the study.

 

D.  Boards and Commissions

 

County Manager Geouque presented the following recommendations for appointment:

 

Recreation Commission

The following recommendations were received from the listed agencies for appointment to the Recreation Commission:

 

Cove Creek School                 Mr. Toby Cone

            Town of Boone                       Ms. Rebecca "Becky" Gosky

 

Tourism Development Authority

The terms of Matt Vincent and Greg Tarbutton on the Watauga County Tourism Development Authority (TDA) will expire on February 28, 2017.  Both Mr. Vincent and Mr. Tarbutton are willing to continue to serve on the TDA board, and both are eligible for re-appointment to a 3-year term.  With the recent changes to the TDA Bylaws a new board seat is also available for appointment.  This appointment is also a 3 year term beginning March 1, 2017.  One of the 3 appointments has to be a person that is involved in the promotion of tourism or whose business is engaged in some element of the tourism product.  The other two seats don't carry any specific requirements, since our TDA board currently meets the requirements for 3 members who collect the occupancy tax.

 

Also, once the board appointments are made, the County Commissioners will need to appoint a TDA Board Chair.  Current board chair, Matt Vincent, is willing to continue serving as Chair, if reappointed to another term and chosen for Chair.  A list of current TDA Board Members was provided.

 

These are first readings and, therefore, no action was required.

 

Juvenile Crime Prevention Council (JCPC)

At the January 23, 2017 JCPC meeting, the members requested Judy Winecoff send in a volunteer application for a County Commissioner appointee position.  The JCPC requests the first reading be waived and Ms. Winecoff be appointed to one of the vacant positions.  Judy has been attending meetings for several months.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to waive the second reading and appoint Ms. Judy Winecoff to the Juvenile Crime Prevention Council.

 

VOTE:  Aye-5

             Nay-0

 

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.

 

Several volunteer applications were also presented to the Board for consideration for various Boards and Commissions.

 

E.  Announcements

 

County Manager Geouque announced the following:

 

·       A public hearing is scheduled for Tuesday, February 21, 2017, at 5:30 pm to allow for citizen comment regarding Sunday hunting.

 

·       A State of the Child Forum with the themes of Childhood Trauma and Trauma Informed Communities is scheduled for Friday May 5, 2017, from 8:00 A.M. until 4:30 P.M. at Boone United Methodist Church.  The opening Keynote Speaker will be Dr. George "Tripp" Ake, a licensed psychologist who specializes in trauma and trauma treatment.  Please see the attached email for more information.

Public Comment

Mark Hagaman requested the Board place the Sunday hunting issue on a ballot in November and let the people vote.

 

Nell Adams, Donna Akers, Doris Isaacs, Greg Mecomber, and Lee Jackson shared health and safety concerns regarding the old Boone Ready Mix property which is near their neighborhood. 

 

Shivonne Quintero requested information regarding Boards and Commissions vacancies.

 

Commissioner Hodges encouraged Board members to drive by the old Boone Ready Mix property and to discuss the County’s legal options regarding the property in closed session.

Closed Session

At 10:35 A.M., Vice-Chairman Kennedy, seconded by Commissioner Turnbow, 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).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to resume the open meeting at 11:34 A.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Yates, seconded by Commissioner Turnbow, moved to adjourn the meeting at 11:34 A.M.

 

 

John Welch, Chairman

 

ATTEST:  Anita J. Fogle, Clerk to the Board