MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 1, 2020
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, September 1, 2020, at 8:30 A.M. remotely with the meeting originating in the Commissioners’ Conference Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Welch called the remote electronic meeting to order at 8:31 A.M. All votes were taken by roll call. The following were present:
PRESENT VIA ELECTRONIC MEANS:
John Welch, Chairman
Billy Kennedy, Vice-Chairman
Larry Turnbow, Commissioner
Charlie Wallin, Commissioner
Perry Yates, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Yates opened with a prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the August 18, 2020, regular meeting and closed session minutes.
Commissioner Wallin requested to make the following correction to indicate that Commissioner Wallin gave the invocation:
“Commissioner Yates Wallin opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.”
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the August 18, 2020, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the August 18, 2020, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the September 1, 2020, agenda.
County Manager Geouque requested to add a proposed Town of Boone Conditional District Zoning Map Amendment request for a Watauga Medical Center project.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to approve the September 1, 2020, agenda as amended.
VOTE: Aye-5
Nay-0
Coronavirus (COVID-19) Community Update
Ms. Jennifer Greene, AppHealthCare Director, provided an update on the Coronavirus (COVID-19). The report was for information only and, therefore, no action was required.
Update on New River Conservancy Projects in Watauga County
Mr. George Santucci, New River Conservancy President, presented updates on the following projects in Watauga County: the South Fork New River Restoration project that runs along Brookshire Park; the Middle Fork New River Restoration project along Section 1B of the Greenway; a stormwater planning project on Winklers Creek; and a daylighting project for Boone Creek through the Peacock Parking Lot on Appalachian State University campus. The presentation was for information only and, therefore, no action was required.
Proposed Acceptance of Coronavirus Aid, Relief, and Economic Security (CARES) Act Allocation for Project on Aging
Ms. Angie Boitnotte, Project on Aging Director, stated that Watauga County was eligible to receive $94,057 in Coronavirus Aid, Relief, and Economic Security (CARES) Act funding from the North Carolina Division of Aging and Adult Services. The funds must be used to respond to the Coronavirus emergency by providing Older Americans Act activities related to the response. No county match was required and funds must be expended by September 30, 2021. Ms. Boitnotte proposed the funds be allocated as follows:
|
Service |
Unit-Based Allocation |
Non-Unit Allocation |
Totals |
|
In-Home Aide Level I |
$7,500 |
$5,000 |
$12,500 |
|
In-Home Aide Level II |
$7,500 |
|
$7,500 |
|
Congregate Meals |
$19,000 |
$1,000 |
$20,000 |
|
Home Delivered Meals |
$41,072 |
$3,000 |
$44,072 |
|
Senior Center |
|
$9,985 |
$9,985 |
|
TOTALS |
$75,072 |
$18,985 |
$94,057 |
VOTE: Aye-5
Nay-0
Proposed Renewal of Communications Maintenance Contracts with Mobile Communications America
Mr. Will Holt, Emergency Services Director, presented proposed renewals for three maintenance contracts totaling $37,866 with Mobile Communications America (formerly Wireless Communications). The first contract was for console infrastructure equipment, the second for fixed infrastructure equipment, and the third for mobile radios (including those used by the Sheriff’s Office). Adequate funds were budgeted to cover the expense.
Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the three contracts with Mobile Communications America as presented by Mr. Holt.
VOTE: Aye-5
Nay-0
Proposed Engineering Services for Sanitation Scale and Transfer Station Area Improvements
County Manager Geouque, on behalf of Mr. Rex Buck, Operations Services Director, presented proposed agreements with McGill Associates, P.A., to address the on-going traffic flow, maneuverability and accessibility challenges at the County’s Transfer Station Facility. The cost was $159,800 for all of the services required. Adequate funds were budgeted to cover the expense.
Commissioner Yates shared the following concerns: citizens can only dump at no cost on Saturdays (of which Commissioner Yates suggested changing back to Monday through Saturday) and portions of this project may have to be redone when future projects are scheduled. Vice-Chairman Kennedy suggested perhaps adding one additional day to the schedule for no cost dumping. Chairman Welch and Commissioner Wallin agreed that adding a weekday (along with the current Saturday hours of 8:00 A.M. to 4:00 P.M.) for dumping could be a solution. Chairman Welch stated that great points had been made; however, the agreements for consideration were budgeted items that have needed to be addressed for a long time.
County Manager Geouque stated that, when constructed, the new scale house would be a smaller building with scales on both sides (one for weighing in and one for weighing out) which would help to alleviate wait times on Saturdays as well as the general flow of traffic.
After discussion, Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to accept the proposals from McGill, Associates, P.A. in the amount $159,800 for design improvements at the landfill facility.
VOTE: Aye-4(Welch, Kennedy, Turnbow, Wallin)
Nay-1(Yates)
Rainbow Trail Board of Adjustment Appeal Update
County Attorney di Santi shared the following timeline regarding the Rainbow Trail Board of Adjustment Appeal:
|
November 2013 |
Appalachian Materials leased property on Rainbow Trail to Radford Quarries, Inc. to operate an asphalt plant |
|
June 15, 2015 |
A High Impact Land Use (HILU) Ordinance permit application was submitted for the project |
|
June 22, 2015 |
Mr. Joe Furman denied the application due to finding the permit deficient on a number of items and not meeting the requirements of the HILU Ordinance including the proposed location being within 1,500 feet of an educational facility (the Margaret Gragg Education Center) |
|
July 17, 2015 |
Appalachian Materials appealed to the Watauga County Board of Adjustment |
|
October 14-16, 2015 |
After a three-day hearing, the Board of Adjustment (BOA) affirmed Mr. Furman’s decision and found the application deficient on numerous items and due to the location being within 1,500 feet of the Margaret Gragg Education Center. Appalachian Materials timely appealed the BOA decision to the Superior Court of Watauga County. |
|
September 8, 2017 |
Superior Court Judge Horne affirmed the Board of Adjustment’s decision by ruling that the location of the proposed asphalt plant was within 1,500 of an education facility. |
|
November 6, 2018 |
The case was appealed to the North Carolina Court of Appeals which reversed the Superior Court decision and ruled that the Margaret Gragg Education Center was not an education facility as defined by the HILU and remanded the case to the North Carolina Superior Court for proceedings was consistent with its decision. |
|
December 11, 2018 |
Watauga County petitioned the Supreme Court for discretionary review of the discussion of the Court of Appeals |
|
March 27, 2019 |
The Supreme Court denied the petition for discretionary review so the ruling of the Court of Appeals decision stood which remanded the case to the Superior Court of Watauga county for proceedings consistent with the Court of Appeals decision. |
|
After March 2020 |
After over one year of waiting for Appalachian Materials to schedule a hearing before Superior Court of Watauga County regarding the remand from the Court of Appeals, Watauga County filed a Motion to Dismiss for failure to prosecute the claim which was heard in the Superior Court July 1, 2020. |
|
June 29, 2020 Session |
In response to the Motion to Dismiss, Appalachian Materials filed a Motion requesting the Superior Court to issue an Order to the Board of Adjustment and Ordinance Administrator (OA) to issue the HILU permit to construct and operate the asphalt plant. This was heard before Judge Gavenus who denied the County’s Motion to Dismiss and has the request to order the Board of Adjustment and Ordinance Administrator to issue the HILU permit under consideration. |
|
|
The next action depends on the ruling of the court regarding the issuance of the permit which is expected any time. Either the County will be ordered to issue the permit or, as the County argued, the case will be remanded to the BOA and OA pursuant to the Court of Appeals decision for proceedings that were consistent with its ruling. The BOA and OA cannot consider the fact that the Margaret E. Gragg Education Center is within 1,500 of the site. The County will argue that there has not been sufficient information submitted to the Ordinance Administrator or Board of Adjustment to qualify for the issuance of the permit and that the BOA and OA can require the additional information to be submitted by the applicant. |
|
|
A ruling was expected very soon from Judge Gavenus. |
[Clerk’s Note: County Attorney di Santi was updated by his law partner, Ms. Chelsea Garrett during the meeting regarding action taken by Judge Gavenus on this issue and action was taken by the Board at the end of this meeting, after closed session.]
Miscellaneous Administrative Matters
A. Town of Boone Conditional District Zoning Map Amendment Request for A Watauga Medical Center Project
County Manager Geouque stated that a request had been received (since the agenda was prepared) for the County to submit a Conditional District Zoning Map Amendment for a Watauga Medical Center project to the Town of Boone. Mr. Geouque had requested the Board add it to the agenda to make the Board members and public aware of the request. Mr. Geouque recommended the Board table consideration until the next meeting to allow time to review the request in more detail.
Vice-Chairman Kennedy, who sits on the Medical Center Board, clarified that future construction at the Medical Center would be in phases and this request was part of Phase I which would address issues at their Central Energy Plant.
Chairman Welch tabled further discussion and consideration until the September 15, 2020, meeting.
B. Proposed Forest Service Lease Agreement for Space in the East Annex
County Manager Geouque stated that the North Carolina Forest Service had requested to use office space in the Cooperative Extension Building. Their current office building, located on County-leased property, had experienced mold issues which required the Forest Service to search for a new location. The Forest Service requested to lease the available office space at the Cooperative Extension Building for a term of two (2) years beginning October 1, 2020 and ending September 30, 2022.
Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years. Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon a 10 day public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at its next regular meeting.
County Manager Geouque stated that the resolution had been adopted and the 10-day public notice given; therefore, the PO-28 form and lease were presented for consideration of approval.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the lease and completion of PO-28 Lease proposal form.
VOTE: Aye-5
Nay-0
B. Transfer of Mabel Elementary School to the Watauga County Board of Education
County Manager Geouque stated that approximately ten (10) years ago, the Watauga County School Board transferred Mabel Elementary School to Watauga County as part of the Qualified School Construction Bond. The Bond was in the amount of $1,290,274 and required the School System to transfer the property since the County would be responsible for the Bond. The Bond obligations have now been met and the property may be transferred back to the School System. County Manager Geouque presented a Warranty Deed as prepared by the County Attorney.
Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the Warranty Deed transferring Mabel Elementary School to the Watauga County Board of Education.
VOTE: Aye-5
Nay-0
C. Boards and Commissions
County Manager Geouque share the below:
Valle Crucis Historic Preservation Commission
The Valle Crucis Historic Preservation Commission terms of Ms. Susan Mast and Ms. Heidi Tester expire in September. Specific requirements, as mentioned in Mr. Furman’s memo, must be met to serve on the Commission. Ms. Mast and Ms. Tester meet those requirements and are both willing to continue to serve if reappointed. The terms are for three (3) years. This is a first reading.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to waive the second reading and reappoint both Ms. Susan Mast and Ms. Heidi Tester to three-year terms on the Valle Crucis Historic Preservation Commission.
VOTE: Aye-5
Nay-0
D. Announcements
County Manager Geouque announced that the Trustees of Caldwell Community College & Technical Institute has invited the Board of Commissioners to a meeting on Wednesday, September 23, 2020, at 6:00 P.M. at the Watauga Student Services Center located at the Watauga Campus on Hwy 105 Bypass, Boone, NC, in Room 112.
Concerns were mentioned in regards to the meeting being in-person and not virtual during the ongoing pandemic. County Manager Geouque stated that he would get more information from Dr. Poarch as to how safety measures will be met.
Public Comment
Chairman Welch stated that no written comments were received.
Closed Session
At 9:58 A.M., Commissioner Wallin, seconded by Commissioner Yates, 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). The following lawsuits were included in discussion during closed session: The Rainbow Trail Board of Adjustment Appeal.
VOTE: Aye-5
Nay-0
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 10:39 A.M.
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Yates, moved to amend the agenda to add action after closed session to consider new information regarding the Rainbow Trail Board of Adjustment appeal.
VOTE: Aye-5
Nay-0
Action After Closed Session
County Attorney di Santi stated that while giving his earlier report his law partner, Ms. Chelsea Garratt, informed him to say that she had received a memo from Judge Gavenus giving direction for a ruling to be entered affirming the December Court of Appeals Order to issue a permit for construction and operation of an asphalt plant at the Rainbow Trail site. To the applicant, Appalachian Materials, Inc.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to direct the County Attorney to file an appeal to Judge Gavenus’ decision to the North Carolina Court of Appeals.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Commissioner Yates, moved to adjourn the meeting at 10:43 A.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board