MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JULY 7, 2015

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 7, 2015, at 8:30 A.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. “Four” Eggers, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

 

Chairman Hodges called the meeting to order at 8:30 A.M.

 

Vice-Chairman Blust opened the meeting with a prayer and Commissioner Kennedy led the Pledge of Allegiance.

Approval of Minutes

Chairman Hodges called for additions and/or corrections to the June 16, 2015, regular meeting and closed session minutes as well as the June 22, 2015, special meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the June 16, 2015, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the June 16, 2015, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the June 22, 2015, special meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the June 22, 2015, special meeting closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Hodges called for additions and/or corrections to the July 7, 2015, agenda.

 

Vice-Chairman Blust, seconded by Commissioner Welch, moved to approve the July 7, 2015, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Hodges presented Ms. Jane Ann Hodges with a proclamation honoring her years of service with Watauga County and recent retirement.

Middle Fork Greenway Request to Submit A Pre-Application to the North Carolina Division of Parks and Recreation

 

Ms. Ann Browning, Middle Fork Greenway Executive Director, requested authorization to submit a pre-application to the North Carolina Division of Parks and Recreation for Section 1 of the Middle Fork Greenway project.  On June 30, 2015, a new application round was announced, with pre-applications due on July 14, 2015.  The maximum grant award is $100,000.  Middle Fork Greenway is requesting the County apply for $100,000 for construction funds for the greenway.  The cost estimate for completion of Section 1 is $990,000, which will be provided through a combination of grants, private donations and Tourism and Development Authority commitments.  The Watauga County TDA has committed a total of $225,000 over the next three years.

 

Middle Fork Greenway will provide assistance on the grant application.  If awarded, County staff will administer the grant.  In the not too distant future, Middle Fork Greenway will be requesting the County to assume the easement for this project and be included in the Memorandum of Understanding (MOU) with the Park Service.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to authorize the submittal of the pre-application grant to the North Carolina Recreational Trails Program in the amount of $100,000 with Middle Fork Greenway to be responsible for the twenty-five percent (25%) match and all construction costs associated with the greenway.

 

VOTE:  Aye-5

             Nay-0

Communications and Emergency Services Matters

A.  Proposed Wireless Communications 911 Services/Maintenance Agreement

 

Mr. Jeff Virginia, Emergency Services Director, presented an annual maintenance agreement renewal with Wireless Communications for the 24/7 monitoring of the 911 call processor and software.  The total amount of the contract is $52,635.36 which is one hundred percent (100%) reimbursable from 911 funds.  Staff has been satisfied with the service provided and would recommend approval.  911 funds are available to pay the contracted expense.  County Attorney Eggers stated that he has reviewed the agreement which is a renewal of an existing contract.

 

Commissioner Yates, seconded by Commissioner Welch, moved to approve the contract with Wireless Communications for monitoring of the 911 call processor and software in the amount of $52,635.36.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Vesta 911 Hardware/Software Refresh

 

Mr. Jeff Virginia, Emergency Services Director, requested authorization for the purchase with Wireless Communications of Vesta 911 hardware and software to refresh the 911 call processor.  Due to the importance of this equipment, the replacement schedule is every three (3) years.  The current fiscal year will be the fourth year of service for the existing equipment.  This replacement will allow all of the systems and hardware to be on the same replacement schedule and reduce the possibility of end of life issues in which the equipment and software is no longer supported.  911 funds are available to pay the contracted expense.

 

Vice-Chairman Blust, seconded by Commissioner Yates, moved to approve the contract with Wireless Communications for Vesta 911 hardware and software to refresh the 911 call processor in the amount of $214,329.63.

 

VOTE:  Aye-5

             Nay-0

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator Larry Warren presented the Tax Collections Report for the month of June 2015.  This 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 June 2015 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the Refunds and Releases Report for June 2015, as presented.

 

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on Proposed Amendments to the Ordinance To Regulate High Impact Land Uses (Which Will Include Regulations for Junkyards and, Therefore, Call for the Repeal of the Ordinance To Regulate Junkyards And Automobile Graveyards)

A public hearing has been scheduled to allow citizen comment on proposed amendments to the Watauga County Ordinance to Regulate High Impact Land Uses (HILU) and incorporates regulations for junkyards.  The Planning Board approved sending the proposed changes to the Board of Commissioners for adoption.  Mr. Joe Furman, Planning and Inspections Director, presented maps illustrating the various buffers.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to call the public hearing to order at 8:49 A.M.

VOTE:  Aye-5

             Nay-0

 

Chairman Hodges stated that 20 minutes would be given to both Maymead and High Country W.A.T.C.H. for presentations prior to public comment.  Tom Terrell and Mary Katherine Harmon spoke for Maymead.  Susie Winters, Josh Teague, Anne Ward, and Carolyn Henion spoke for High Country W.A.T.C.H.

 

The following also shared comments during the public hearing:

 


Shelton Wilder

Genevieve Mente

Johnny Hampton

Pierre Canu

Jessica Stetter

Lindsey Williams

Nora Williams

Chip Williams

Lee Stroupe

Anita Stroupe

Will Canu

Jonathan Priest

David Stetter

Randy Marsh


Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to close the public hearing at 10:12 A.M.

 

VOTE:  Aye-5

             Nay-0

 

[Clerk’s Note:  Action was taken after closed session.]

 

Chairman Hodges recessed the meeting for a short break and reconvened at 10:26 A.M.

 

Planning and Inspections Matters

A.  Consideration of Proposed Amendments to the Watauga County Ordinance to Regulate Loud Disturbing Noise and Activities

 

Mr. Joe Furman, Planning and Inspections Director, stated that a public hearing was conducted on June 16, 2015, to allow citizen comment on proposed amendments to the Watauga County Ordinance to Regulate Loud Disturbing Noise and Activities. The Noise Ordinance was a complete re-write as the last modification was 1986. The Planning Board approved sending the proposed changes to the Board of Commissioners for adoption.

 

By consensus, the Board scheduled a joint work session with the Watauga County Planning Board to be held on Monday, July 20, 2015, at 6:00 P.M.

 

B.  Solicitation of New Transportation Projects for the 2017-2027 State Transportation Improvement Program (STIP)

 

Mr. Furman stated that Watauga County is allotted submission of two additional transportation projects for the 2017-2027 State Transportation Improvement Program (STIP).    The projects need to be new and not included on the Funded Draft 2015-2025 STIP or “Carry over Projects.”  Mr. Furman condensed the information provided by the High Country Council of Governments into the following lists:

 

Funded Projects

  Hwy 105 improvements in Boone

  King Street improvements

  Hwy 105/Hwy 321 intersection (Wendy’s) improvements

  Bamboo Road/Wilson Ridge Road improvements

  Replace Watauga River bridge on Hwy 105

 

Projects carried-over for rating

  Hwy 321/421, Bypass to Vilas multi-laning

  Hwy 194, King Street to Howard’s Creek Road multi-laning

  Hwy 105, Bypass to Clark’s Creek Road multi-laning

  Hwy 421, Vilas to Tennessee line multi-laning

  Hwy 105, Clark’s Creek Road to Hwy 221 in Avery County multi-laning

  AppalCART, service expansion, new bus

 

Projects removed from ratings due to low/no points

  Beech Mountain Parkway/walkway

  Hwy 321, Vilas to Tennessee line multi-laning

  Boone Bypass (“Daniel Boone Parkway”)

  Hwy 194, Howard’s Creek Road to Jack Hayes Road 3-laning

  Existing Bypass (NCSR 1107) multi-laning

  ASU Campus Access Road, Bodenheimer Drive/Poplar Grove Road

 

Mr. Furman stated that Blowing Rock had requested the County submit the following:

 

  Sidewalk to Bass Lake

This project is a sidewalk connection from downtown Blowing Rock to the entrance to Moses Cone Memorial Park and Bass Lake along the north side of Hwy 221. The project is approximately 3000 feet long and would be a five-foot wide sidewalk with 30” curb and gutter. All of the project would be with existing NCDOT right-of-way and will require an encroachment agreement. The estimated construction costs are $1.2 million.

 

  Section 1 of the Middle Fork Greenway

This project is the terminus of the Middle Fork Greenway at Tanger Shoppes on the Parkway in Blowing Rock and extends 1.3 miles to the north side of the Appalachian Regional Heathcare System Chestnut Ridge Post-Acute Care Facility property. This project will be a 10-foot paved trail with two (2) streamside underpasses, a bridge underpass, one (1) new bridge steam crossing, and one (1) pedestrian crosswalk at Hwy 321 and Possum Hollow Road. Section 1 of the Middle Fork Greenway is part of an overall pedestrian/bike trail to connect Blowing Rock to Boone. 

 

The project will require an NCDOT encroachment agreement along Hwy 321, an easement from the Town of Blowing Rock, an easement from ARHS (in process as part of the approved conditional use permit for the post-acute care facility), and a Memorandum of Understanding from the Blue Ridge Parkway (Superintendent Mark Woods is in support of this project and encourages a partnership with the Middle Fork Greenway).

 

The estimated construction cost is $2,060,688. To be eligible for any federal grant funds, this project must be included in the NCDOT STIP.

 

Mr. Furman stated that staff would recommend the Board consider submitting Section 1 of the Middle Fork Greenway (Tanger Outlets to Chestnut Ridge ARHS project), re-submitting the 105 Bypass four-laning project, and the sidewalk from downtown Blowing Rock to Bass Lake.  High Country Pathways will secure the right-of-way and match for the greenway section.  The Boone Bypass/Daniel Boone Parkway is on the removed list and thus the 105 Bypass four-laning project would be a logical replacement.  The Town of Blowing Rock would provide assistance acquiring the encroachment agreement and any financial matches required.  The Board would only be able to select up to two of the projects referenced.  The Board could also decide not to submit any projects.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to recuse Chairman  Hodges from action taken on this matter.

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Welch, moved to request the submission of the following two transportation projects to the 2017-2027 State Transportation Improvement Plan: 

 

• Existing Bypass (NCSR 1107) multi-laning

• Section 1 of the Middle Fork Greenway

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Request for Use of Space from PHARMN

 

County Manager Geouque stated that Mr. Bill Moretz, President of PHARMN, had requested the use of the Agricultural Extension Building conference room for the first and third Saturdays of each month beginning December 5, 2015, and running through April 16, 2015, for an indoor farmers market. 

 

Current policy does not allow for the facility to be regularly scheduled for events.  Mr. Moretz is requesting the Board waive the rental fee and the scheduling requirement.  Cooperative Extension Director, Jim Hamilton, has endorsed the request and is supportive of the project moving forward.

 

Commissioner Kennedy, seconded by Commissioner Yates, moved to waive the scheduling requirement so that PHARMN may conduct an indoor farmers market for the first and third Saturdays of each month beginning December 5, 2015, and running through April 16, 2015, for an indoor farmers market contingent upon the County Manager’s approval of dates and contingent upon the County retaining the right to cancel use of a scheduled time, if needed.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to waive the rental fee for PHARMN’s use of the Agricultural Extension Building conference room for the indoor farmers market.

VOTE:  Aye-5

             Nay-0

 

B.  Appointment of the North Carolina Association of County Commissioners’ (NCACC) Annual Conference Voting Delegate

 

County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 20-23, 2015, in Pitt County.  Each county in attendance is required to select a voting member for representation at the annual business meeting which is conducted as a part of the conference.  Submission of the voting delegate is due August 7, 2015.

 

No action was taken at this time.

 

C.  Discussion of Ethics Training Opportunity

 

County Manager Geouque stated that each newly elected Commissioner is required to have a minimum of two clock hours of ethics education within twelve months after their initial election.  Staff can arrange for a webinar to meet this requirement, if the Board so directed.  In the past, the County has paid for the webinar and allowed the elected officials of the municipalities to participate at no charge.  The County Manager stated that staff recommended the following dates:    Tuesday, September 22, 2015, from 2:00 PM to 4:00 PM or Thursday, September 24, 2015, from 2:00 PM to 4:00 PM.

 

By consensus, the Board agreed to hold the webinar on Tuesday, September 22, 2015, from 2:00 to 4:00 P.M.

 

D.  Boards and Commissions

 

Economic Development Commission

County Manager Geouque stated that vacancies resulted as terms expired in June on the Economic Development Commission.   Paul Combs has served 2 consecutive 3-year terms and is ineligible to be reappointed at this time.  Lauren Waterworth would have done the same, but resigned as a member prior to her term expiring; her seat is currently vacant.  Appointments for these two seats will be regular 3-year terms.  Scott McKinney is relocating and has resigned as well. His term expires in June, 2016, therefore, an appointment to fill his unexpired term (which expires June 2016) will be needed. 

 

The term for Paul Combs was filled at the June 2, 2015, Board meeting by Mr. Tim Hodges.

 

A volunteer application was received by Mr. Rick Beasley.  This is a first reading and, therefore, no action was required nor taken.

 

Town of Boone Planning Commission

County Manager Geouque stated that the Boone Town Council has recommended Jon Tate for reappointment to the Town’s Planning Commission as an ETJ representative.

 

Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to appoint Mr. Jon Tate as an ETJ representative on the Town of Boone’s Planning Commission.

 

VOTE:  Aye-5

             Nay-0

 

Adult Care Home Community Advisory Committee

 County Manager Geouque stated that Ms. Laura Jane Ward, High Country Council of Government’s Regional Long-term Care Ombudsman, has submitted Ms. Evelina Idol’s name for reappointment to the Watauga County Adult Care Home Community Advisory Committee.  Ms. Idol is willing to continue to serve is so appointed.

 

Vice-Chairman Blust, seconded by Commissioner Welch, moved to reappoint Ms. Evelina Idol to the Watauga County Adult Care Home Community Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

 

Watauga County Farmland Preservation Program Advisory Board

County Manager Geouque stated that the Watauga County Farmland Preservation Program Advisory Board requests that Mr. Kelly Coffey, Mr. Johnny Moretz, and Mr. Joe McNeil, each be reappointed to the Board.  Each are willing to continue to serve if so reappointed.

 

Commissioner Yates, seconded by Vice-Chairman Blust, moved to waive the second reading and appoint Mr. Kelly Coffey, Mr. Johnny Moretz, and Mr. Joe McNeil to the Watauga County Farmland Preservation Program Advisory Board.

 

VOTE:  Aye-5

             Nay-0

 

E.  Announcements

 

County Manager Geouque announced the formal addition and unveiling of Sheriff Edmisten’s (in the line of duty) name to the Watauga County Local Law Enforcement Officer’s Memorial (LLEOM).  The 2015 LLEOM services, will take place at 10:00 a.m., Saturday, July 25, 2015 at the Watauga County Sheriff’s Office located at 184 Hodges Gap Road, Boone, North Carolina.

Public Comment

The following citizens spoke during public comment:  Gregory Anoufriev, David Stetter, Rashell Aunchman, Liz McCachren, and Karen Brown

Closed Session

At 11:15 A.M., Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to resume the open meeting at 11:57 A.M.

 

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

Mr. Joe Furman, Planning and Inspections Director, reviewed the current and proposed buffers as listed in the Watauga County Ordinance to Regulate High Impact Land Uses (HILU).  Mr. Furman also clarified that the ordinance did not contain the language of “polluting industries.”

 

After brief discussion, Vice-Chairman Blust moved to adopt amendments to the Ordinance to Regulate High Impact Land Uses as recommended by the Planning Board with a 750 foot buffer from residential property lines and a 1,500 foot buffer from scenic byways, including the Blue Ridge Parkway, for Category 1 uses and to repeal The Ordinance to Regulate Junkyards and Automobile Graveyards.

 

 

After lengthy discussion, Commissioner Yates seconded Vice-Chairman Blust’s motion and the following vote was taken:

 

VOTE:  Aye-4(Hodges, Blust, Kennedy, Yates)

             Nay-1(Welch)

 

The current moratorium for the HILU was in effect for Category 1 uses until July 31, 2015; however, due to questions regarding Category 2 and 3 uses, County Attorney Eggers clarified that if a substantial threat was present to the County a moratorium could be established without a public hearing.  Otherwise, a public hearing would be necessary to establish a moratorium for the HILU for Category 2 and 3 uses.

Closed Session

At 12:28 P.M., Vice-Chairman Blust, seconded by Commissioner Yates, moved to re-enter Closed Session to continue discussion regarding Attorney/Client Matters, per G. S. 143-318.11(a)(3).

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 1:02 P.M.

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to accept payment in the amount of $5,000 for an agreement with Highland Crossings for an easement for a small strip of County-owned property between a private owned parking lot and Temple Drive at the old high school property.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Commissioner Welch, moved to schedule a public hearing for July 21, 2015, at 5:30 P.M. to allow citizen comment regarding a proposed moratorium for the Ordinance to Regulate High Impact Land Uses for Category 2 and 3 uses for a maximum of sixty (60) days based on a schedule set by staff.

 

VOTE:  Aye-5

             Nay-0

 

Adjourn

Commissioner Kennedy, seconded by Chairman Hodges, moved to adjourn the meeting at 1:07 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

Jimmy Hodges, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board