MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 21, 2014
The Watauga County Board of Commissioners held a regular meeting on Tuesday, January 21, 2014, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan Miller, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Stacey “Four” Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Clerk’s Note: Commissioner Yates was not present due to a prior commitment.]
Chairman Miller called the meeting to order at 5:31 P.M.
Vice-Chairman Blust opened the meeting with a prayer and Commissioner Welch led the Pledge of Allegiance.
Approval of Minutes
Chairman Miller called for additions and/or corrections to the December 17, 2013, regular meeting minutes.
Chairman Miller clarified that Vice-Chairman’s vote was counted as an “Aye” for the below vote and the additional statement (in bold) was added in the Clerk’s Note:
Commissioner Kennedy, seconded by Commissioner Yates, moved to accept the additional FY 2014 Senior Health Insurance Program (SHIIP) grant funds in the amount of $1,739 and approve the associated contract as presented.
VOTE: Aye-4(Miller, Kennedy, Welch, Yates)
Nay-0
Absent-1(Blust)
[Clerk’s Note: Vice-Chairman Blust returned from the recess immediately after the above vote was taken. The Vice-Chairman’s vote was considered an “Aye” since he was present for the meeting and had only stepped away momentarily.]
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the December 17, 2013, regular meeting minutes as amended.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the December 17, 2013, closed session minutes as presented.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Approval of Agenda
Chairman Miller called for additions and/or corrections to the January 21, 2014, agenda.
Chairman Miller stated that the Department of Social Services out-of-state travel request had been withdrawn and, therefore, requested removal of that item from the agenda.
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the January 21, 2014, agenda as amended.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Vehicle Emergency Equipment Installation Request
Captain Kelly Redmon presented bids to up-fit newly purchased patrol vehicles with emergency equipment and decals. Bids were received from the following: Anchor-Richey in the amount of $45,504.48, Dana Safety Supply in the amount of $26,487.35, and High Country Communications in the amount of $40,352.33
Dana Safety Supply submitted the lowest responsive bid in the amount of $26,487.35. Adequate funds were included in the FY 2014 Budget to cover the cost of the emergency equipment and decals.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to award the contract for emergency equipment and decals to Dana Safety Supply in the amount of $26,487.35.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
High Country Council of Governments’ Request for Support of the Urgent Repair Program
On behalf of Michelle Ball with High Country Council of Governments, Mr. Joe Furman, Watauga County Planning Director, presented a proposal for the High Country Council of Governments to apply for funds from the North Carolina Housing Finance Agency’s Urgent Repair Program. The request was due to the Community Development Block Grant (CDBG) Scattered Site Housing Program being eliminated at conclusion of the current funding cycle. Should the application be approved, a multi-county housing repair program would be established and administered by the High Country Council of Governments. No local match was required. Mr. Furman stated that the Planning Department would work with HCCOG to locate participants for the program. A proposed letter of support was presented for consideration.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the letter of support for the High Country Council of Governments submitting an application to the North Carolina Housing Finance Agency for a multi-county Urgent Repair Program which would replace the soon to be defunct Community Development Block Grant Scattered Site Housing Program.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Tax Matters
A. Monthly Collections Report
Tax Administrator Larry Warren presented the Tax Collections Report for the month of December 2013. This report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Warren presented the following Refunds and Releases for December 2013, including a report from the new motor vehicle billing system, North Carolina Vehicle Tax System (NCVTS), for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Refunds and Releases Report for December 2013 including the North Carolina Vehicle Tax System Refunds and Releases Report, as presented.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
C. 2014 Revaluation Update
Mr. Warren provided an update on the 2014 revaluation process. Mr. Warren stated that up to a 10% decline in property values was expected; however, the overall decline was .33%, equating to approximately $85,000 in lost revenue if the tax rate remained the same. Mr. Warren anticipated notices stating the new values would be ready to mail within the next few days and requested permission to send them. Mr. Warren also stated that office space in the Appalachian Enterprise Center would be used to hear informal appeals, many of which could be handled administratively.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to authorize the Tax Administrator to mail the prepared notices of value to property owners.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Miscellaneous Administrative Matters
A. Proposed Amendments to the Ambulance Franchise Agreement
County Manager Geouque stated that the Board approved the addition of a twelve (12) hour ambulance crew for Fiscal Year 2014. In conjunction with the additional crew, staff was able to negotiate a waiver of the CPI increase for 2014. The proposed contract reflects the additional twelve (12) hour crew and the waiving of the CPI escalator for 2014. The proposed contract includes an effective date of January 1, 2014, and an expiration date of December 31, 2019.
Chairman Miller requested the date of January 1, 2014, be changed to January 1, 2015 in both Sections 30 and 31 of the agreement.
The County Manager stated that North Carolina General Statute 153A-46 required grants, renewals, extensions, or amendments of any franchise to be passed at two regular meetings of the Board of Commissioners before it may be officially adopted. The County Manager requested approval at this time with the contract to be presented at the February 4, 2014, regular meeting for a second ratifying adoption.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to adopt the Ambulance Franchise Agreement as amended with the date changes recommended by Chairman Miller.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
[Clerk’s Note: The Franchise Agreement will be presented for a second approval ratifying the above adoption at the February 4, 2014, regular meeting.]
B. Proposed Resolution Establishing the Sheriff’s Salary
County Manager Geouque stated that, per Statute, prior to the ending of the filing period for the fall elections, the Board must establish the salary for the Sheriff in order for filing fees to be determined as listed in the draft resolution. The entry level salary on the County’s current pay plan is $67,585.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the resolution setting the salary for the office of Sheriff as presented.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
C. Proposed Dates for the Annual Pre-Budget Retreat
County Manager Geouque presented the following proposed dates for the Annual Pre-Budget Retreat: February 14 & 15 or February 21 & 22, 2014, with times proposed as 12:00 – 6:00 P.M. on Friday and 9:00 A.M. – 12:00 P.M. on Saturday. Two days were required for the Retreat, however, times and dates were adjustable at the wish of the Board.
By consensus, the Board agreed to hold the Annual Pre-Budget Retreat Friday, February 21 through Saturday, February 22, 2014, with the Friday session beginning at 12:00 P.M. and the Saturday session beginning at 9:00 A.M.
D. Discussion Regarding Proposed Amendments to the Town of Boone’s Unified Development Ordinance (UDO)
County Manager Geouque presented a draft of amendments to the Town of Boone’s Unified Development Ordinance (UDO) regarding the Board of Adjustment and Planning Commission extraterritorial jurisdiction (ETJ) appointments. A letter from the County Attorney including his comments and staff comments regarding the proposed amendments were also presented.
The County Manager stated that feedback from the Board of Commissioners had been requested by January 17; however, the Town Manager had indicated that it would be acceptable for the County to provide feedback after the Commissioners meeting on January 21, 2014.
County Attorney Eggers reviewed the comments in his letter per Commissioner Kennedy’s request.
After review and discussion, the Board, by consensus, directed the staff to submit the County Attorney’s letter addressing the amendments to the Town of Boone Manager for consideration and directed the County Attorney to request to meet directly with the Town of Boone’s Attorney to work on incorporating the County’s recommendations into the draft Unified Development Ordinance.
E. Proposed Purple Heart Proclamation
County Manager Geouque stated that Mr. Lenny Lazzara, Commander of Chapter 639 Military Order of the Purple Heart, has requested the Board adopt a proposed proclamation declaring the County as a Purple Heart County. The goal was to have all one hundred (100) counties in North Carolina approve the proclamation to raise awareness of the sacrifices for the people who have received the Purple Heart Award.
Commissioner Kennedy, seconded by Commissioner Welch, moved to adopt the proclamation as presented.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
F. Boards & Commissions
Recreation Commission
County Manager Geouque stated that the terms of Recreation Commission members representing the Blowing Rock, Mabel, and Cove Creek elementary school districts as well as three Town of Boone representatives expired in December. Parks and Recreation Director, Stephen Poulos, has requested recommendations for appointments to fill these positions.
Cove Creek Principal, Toby Cone, wishes to represent the Cove Creek School district.
Blowing Rock principal, Patrick Sukow, recommends the reappointment of Wendell Ellis as the Blowing Rock School district representative.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to appoint Toby Cone as the Cove Creek School District Representative and reappoint Mr. Wendell Ellis as the Blowing Rock School District Representative on the Watauga County Recreation Commission.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
County Manager Geouque stated that the Town of Boone has recommended that Mr. Greg Dobbins and Mr. Joseph Robinson be appointed as Town of Boone representatives to the Recreation Commission. Consideration of appointments was tabled due to these being first readings.
Social Services Advisory Board
County Manager Geouque stated that Audrey Tate recently announced her resignation from the Social Services Advisory Board with her last meeting having been in December 2013. Social Services Director, Jim Atkinson, has recommended Lynn Jackson Patterson for appointment to fill the unexpired term.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to appoint Lynn Jackson Patterson to fill the un-expired term of Audrey Tate.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Watauga County Board of Adjustment
County Manager Geouque stated that one appointment was still needed to the Watauga County Board of Adjustment which meets infrequently. The two zoned areas of the County (Valle Crucis and Foscoe-Grandfather) must be represented on the Board; traditionally an attempt has been made to appoint representatives of watershed protection areas as well. Technically, the seat is an at-large representative, though the last member who held this seat also resided in one of the watershed protection areas. The other members represent Valle Crucis, Foscoe-Grandfather, Howards Creek watershed, and Middle Fork watershed. The term would be for three years.
The County Manager stated that a volunteer application had been received by Mr. David Hill who expressed interest in serving. Consideration of an appointment was tabled due to this being a first reading.
Town of Boone Board of Adjustment
County Manager Geouque stated that the Town of Boone had recommended that Mr. Clinton Coffey be appointed as an Extra Territorial Jurisdiction (ETJ) representative on the Boone Board of Adjustment for a three-year term.
Consideration of an appointment was tabled due to this being a first reading.
Watauga County Nursing Home Community Advisory Committee
County Manager Geouque stated that Ms. Julie Wiggins, Regional Ombudsman with High Country Council of Governments’ Area Agency on Aging, had requested that Ms. Wanda Branch be reappointed to the Watauga County Nursing Home Community Advisory Committee for a three-year term. Consideration of an appointment was tabled due to this being a first reading.
Watauga Medical Center Board of Trustees
County Manager Geouque stated that the Watauga Medical Center Board of Trustees had recommended Mr. Sam Adams, Ms. Susan Roggenkamp, and Mr. Kenneth Wilcox for reappointment as Board Trustees. Each of their terms would be effective January 1, 2014, through December 31, 2016. Consideration of appointments was tabled due to these being first readings.
G. Announcements
County Manager Geouque presented a list of various “I Have A Dream” events scheduled through January 26, 2014.
County Manager Geouque asked Board members to “Save the Date” as the Cooperative Extension has extended an invitation to attend the Small Farms Week kickoff event on Monday, March 24, 2014, at the Boone United Methodist Church. Watauga County is hosting the event as Bill Moretz, local apple grower and former Farmer's Market president, was the recipient of the 2013 North Carolina A&T State University Small Farmer of the Year Award. The event, which will welcome more than 200 small farmers and Extension agents from across the state, begins at 9:30 A.M. NC A&T State University faculty member, Dr. Manny Reyes, will be the keynote speaker. Breakout sessions on technical topics will follow and lunch will be served around noon.
Public Comment
There was no public comment.
Closed Session
At 6:20 P.M., Commissioner Kennedy, seconded by Commissioner Welch, 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-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 6:43 P.M.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Possible Action After Closed Session
A discovery bill had been prepared and presented to Watauga County property owner, Ms. Anita Conrad, for property located at 642 Black Locust Circle (Parcel ID # 2828068037000). Ms. Conrad had purchased the property from Rictur, Inc. on September 28, 2011. The discovery bill was prepared on December 12, 2012, for a house that had never been taxed. The discovery bill included taxes for the house only, for 2011 and 2012. The bill was mailed to Ms. Conrad in March, 2013, as she was the current owner. Ms. Conrad felt that since she did not purchase the property until September, 2011, she should not be responsible for the 2011 taxes. It was the responsibility of Rictur, Inc. to list the house when it was completed in 2010. Ms. Conrad had requested the 2011 tax be waived since she was not the owner the majority of that year. Penalties, in the amount of ten percent (10%) of the tax owed had also accumulated. Legal advice given in closed session included that Ms. Conrad, as the current property owner, was liable for the taxes.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to waive the penalty fees for taxes owed by Ms. Anita M. Conrad on Parcel ID 2828068037000 due to a discovery bill issues in March 2013 for the tax years of 2011 and 2012.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Adjourn
Commissioner Kennedy, seconded by Commissioner Welch, moved to adjourn the meeting at 6:44 P.M.
VOTE: Aye-4(Miller, Blust, Kennedy, Welch)
Nay-0
Absent-1(Yates)
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board