MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 21, 2017
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, February 21, 2017, at 5:30 P.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 5:31 P.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 February 7, 2017, regular and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 7, 2017, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the February 7, 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 21, 2017, agenda.
County Manager Geouque requested to add Land Acquisition, per G. S. 143-318.11(a)(5)(i) to the closed session.
Commissioner Yates, seconded by Commissioner Hodges, moved to approve the February 21, 2017, agenda as amended.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on a Proposed Resolution Requesting that Sunday Hunting be Banned in Watauga County
A public hearing was held to allow citizen comment regarding a draft resolution requesting to ban hunting on Sundays in Watauga County.
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. The Board has two (2) options to consider.
Option 1. Upon closing of the public hearing, the Board determines 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. The Board reviews and considers citizen input already received and determines an ordinance banning Sunday hunting is not warranted; and NCGS 103-2 would address Sunday hunting.
Commissioner Turnbow, seconded by Commissioner Yates, moved to call the public hearing to order at 5:35 P.M.
VOTE: Aye-5
Nay-0
The following citizens shared comments in opposition of banning Sunday hunting in Watauga County:
Everette Matheson Jeff Talbot Jeremy Bertrand
Michael Turbyfill Jeremiah Farmer Eric Hiegl
Ryan Kirby Tyler Watson Micah Greathouse
Brita Turbyfill Michael Testerman
There were no comments in support of banning Sunday hunting in Watauga County.
With no further comments, Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to close the public hearing at 6:07 P.M.
VOTE: Aye-5
Nay-0
No action was taken; therefore, the proposed resolution died and the regulations for Sunday hunting in Watauga County remain as they were.
Public Hearing to Allow Citizen Comment on a Proposed Pre-Application for A $100,000 Grant from the Recreation Trails Program (RTP) for the Guy Ford Road Watauga River Access, A/K/A Lower Gorge Access
A public hearing was held to allow citizen comment on a proposed pre-application for a $100,000 grant from the Recreation Trails Program (RTP) for the Guy Ford Road Watauga River Access, A/K/A Lower Gorge 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 by the RTP, a final application will be due July 14. The Guy Ford property was previously deeded to the County and is included in the Watauga Tourism Development Authority’s Outdoor Recreation Plan.
Commissioner Yates, seconded by Commissioner Turnbow, moved to call the public hearing to order at 6:21 P.M.
Mr. Eric Hiegl and Mr. Edgar Peck shared comments of support for the project.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to close the public hearing at 6:24 P.M.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the pre-application to the Recreation Trails Program for a $100,000 grant as presented.
VOTE: Aye-5
Nay-0
Proposed Amendments to the High Impact Land Use Ordinance
Mr. Ric Mattar, Planning Board Chairman, presented proposed amendments to the High Impact Land Use Ordinance (HILU). A public hearing is scheduled for Tuesday, February 28, 2017, to seek citizen input regarding the proposed amendments. After the public hearing, there is a regular meeting scheduled on Tuesday, March 7, 2017, before the current HILU moratorium expires on March 10, 2017.
Watauga County Public Library Annual Report
Ms. Monica Caruso, County Librarian, presented the Watauga County Public Library Annual Report. The report was given for information only; therefore, no action is required.
Sheriff’s Office Vehicle Purchase Request
On behalf of Captain Kelly Redmon, County Manager Geouque presented a bid for a 2017 Chevrolet Silverado 2500 Crew Cab 4WD pickup from Ben Mynatt Chevrolet, a vendor through the North Carolina Sheriff’s Association. The cost for the vehicle including tax and tags is $29,818.46. The current cost exceeds the budgeted amount and therefore, if approved, a budget amendment will be forthcoming recognizing additional narcotics funds.
Commissioner Yates, seconded by Commissioner Turnbow, moved to table action to inquire as to whether local vendors were included in the North Carolina Sheriff’s Association list.
Request to Apply for A North Carolina Department of Environment and Natural Resources Grant
Ms. Pamela Thomas, Recycling Coordinator, requested authorization to submit an application for a Community Waste Reduction and Recycling grant through the North Carolina Department of Environment and Natural Resources (NCDENR) for four 30-yard roll-off containers for use at Parkway, Green Valley, and Blowing Rock Elementary Schools with the fourth to serve as a trade out for emptying the other three. County staff would be responsible for servicing the roll-off containers thus freeing up School staff for other job duties. No County funds are requested for this project as the required $4,160 match will come from the Board of Education.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve the submission of the grant application to the North Carolina Department of Environment and Natural Resources Community Waste Reduction and Recycling Grant in the amount of $20,000 for four 30-yard roll-off containers with the required $4,160 match to come from the Board of Education.
VOTE: Aye-5
Nay-0
West Annex Roof Design Request
Mr. Robert Marsh, Maintenance Director, requested approval for an agreement with MRC to provide design services for roof and HVAC improvements for the West Annex building. MRC provided design and construction oversight for the AppalCART facility. Staff was very satisfied with the services rendered by MRC. MRC has provided design, oversight, and inspection services for Appalachian State University and Watauga County Schools System.
Mr. Marsh stated that staff recommends entering into an agreement with MRC for design services for the installation of a sloped metal roof system for the West Annex in the amount of $32,100. $27,000 was allocated in the FY 2016-2017 budget with the overage to come from the Maintenance Department budget.
North Carolina General Statute 143-64.31 requires the hiring of architectural, engineering, surveying, construction management at risk services, design-build services, and public-private partnership construction services to be selected on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee. However, NCGS 143-64.32 allows for an exemption on the above requirement in writing when an estimated professional fee is in an amount less than fifty thousand dollars ($50,000).
Commissioner Turnbow, seconded by Commissioner Yates, moved to exempt the project in accordance with NCGS 143-64.32 and enter into an agreement for design services for a metal roof system for the West Annex building in the amount of $32,100.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of January 2017. The 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 January 2017 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Hodges, seconded by Vice-Chairman Kennedy, moved to approve the Refunds and Releases Report for January 2017 as presented.
VOTE: Aye-5
Nay-0
Request to Surplus Equipment
On behalf of Finance Director, Ms. Margaret Pierce, County Manager Geouque requested the surplus of a 2008 Condor front loader trash truck to be offered for sale on GovDeals.com.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to surplus and authorize the sale of the 2008 Condor front loader trash truck as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Sheriff’s Office Requested Award to Retiring Officer
County Manager Geouque stated that G. S. 20-187.2 allows governing bodies of a law enforcement agency to award a retiring member their service side arm at a price determined by the governing body. Captain Al Reed is retiring March 1, 2017. The Sheriff’s Office has requested that his respective side arm and badge be awarded upon his retirement and that the price of the side arm be set at $1.
VOTE: Aye-5
Nay-0
B. Boards and Commissions
County Manager Geouque presented the following:
Tourism Development Authority
The terms of Matt Vincent and Greg Tarbutton on the Watauga County Tourism Development Authority (TDA) Board expire February 28, 2017. Both Mr. Vincent and Mr. Tarbutton are willing to continue to serve and both are eligible for re-appointment to 3-year terms. With recent changes to the TDA Bylaws, a new board seat is also available for appointment. This appointment is 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 requirement for three of the members to be those who collect occupancy tax is currently met and, therefore, the other two seats do not carry specific requirements.
Once the appointments to the TDA Board are made, the appointment of the TDA Board Chair will need to be made. 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 is attached.
Commissioner Yates, seconded by Commissioner Turnbow, moved to reappoint Matt Vincent and appoint Tina Houston and Lisa Cooper to three-year terms on the Watauga County Tourism Development Authority Board.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Turnbow, moved to appoint Matt Vincent as Chair of the Watauga County Tourism Development Authority Board.
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.
The County Manager stated that Economic Development Director, Joe Furman, recommended to delay filling the vacancy due to expire in June 2017 until June at which time the vacancy could be filled along with the other three expiring seats. The other current vacancy is for a term expiring in June 2018 which could be filled now or also delayed until June. The EDC meets quarterly and will therefore only have one meeting between now and June.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to appoint the following to the Economic Development Commission: Robert Hoffman to fill the unexpired term ending June 30, 2017, and Trisha Parrish to fill the unexpired term ending June 30, 2018.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced the following:
· A public hearing will be held at a special meeting on Tuesday, February 28, 2017, at 5:30 P.M. to allow citizen comment regarding proposed amendments to the High Impact Land Use Ordinance.
· Watauga County Cooperative Extension’s annual "Report to the People" lunch will be held on Tuesday, March 7, 2017, from 11:45 A.M. to 1:00 P.M.
· Budget Work Sessions have been scheduled beginning at 12:00 P.M. on both Thursday, May 4, 2017, and Monday, May 8, 2017.
Public Comment
There was no public comment.
Closed Session
At 7:35 P.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 Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Commissioner Turnbow, moved to resume the open meeting at 8:30 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Yates, seconded by Commissioner Turnbow, moved to adjourn the meeting at 8:30 P.M.
John Welch, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board