MINUTES BEECH MOUNTAIN TOWN COUNCIL Regular Meeting June 14, 2016 Reconvened June 29, 2016 I. CALL TO ORDER Mayor E. Rick Miller called the regular meeting of the Beech Mountain Town Council to order at 4:00 p.m., Tuesday, June 14, 2016 in the Town Hall Council Chambers. Other Council Members present were Paul Piquet, Rick Owen, Wendel Sauer, and Renee Castiglione. Town Attorney Stacy C. Eggers, IV. was present. Staff members present included Town Manager Ed Evans; Finance Officer Steve Smith, Town Planner James Scott, Public Works Director Riley Hatch, Public Utilities Director Robert Heaton, Fire Chief Robert Pudney, Police Chief Shawn Freeman, Police Captain Tim Barnett, and Parks and Recreation Director Sean Royall. II. III. IV. Invocation Dewey Cyclone Brett presented the invocation. Pledge of Allegiance All present joined in the Pledge of Allegiance to the flag. Adoption of Agenda Councilwoman Castiglione motioned to approve the agenda as presented. Councilman Sauer seconded the motion with the vote passing unanimously. V. Consent Agenda Mayor Miller opened the floor for Council to take action on the consent agenda. Councilwoman Castiglione motioned to approve the consent agenda. Councilman Sauer seconded the motion, the vote passed unanimously. The Consent Agenda was approved as follows with Consent Agenda item d attached as Exhibit A and incorporated by reference as if fully set out within these minutes. a. May 10, 2016 Regular Meeting Reconvened May 13, 2016 and May 24, 2016 b. May 10, 2016 Closed Session c. May 24, 2016 Closed Session d. Budget Amendment 06142016-06 VI. Public Comment Harriet Chamberlain Harriet Chamberlain, of 239 Upper Grouse Ridge Road, stated that Beech Mountain was a great community and that she appreciated all of the workers, they take care of us and we should take care of them. MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 1 of 9
VII. Public Hearing a. Public Hearing for Proposed 2016 2017 Fiscal Year Budget Vice Mayor Piquet motioned to open the public hearing. Councilman Sauer seconded the motion, the vote passed unanimously. Manager Evans read aloud the budget message for the proposed 2016 2017 Fiscal Year Budget. Manager Evans stated that the proposed tax rate was $.732 per $100 of valuation, which is unchanged from the previous fiscal year. Total General Fund expenditures are projected to be $6,247,251 resulting in a decrease of approximately 9% over last fiscal years amended budget. The decrease is a result of a reduction in capital expenditures. Utility and sanitation rates are proposed to be the same as last year. There is no Cost of Living Increase proposed for employees. Funding for merit increases have been included. Capital Projects include the continuation of the new Water Treatment Plant and the Spruce Hollow Transmission Line and other possible projects. Urs Gsteiger, of 115 Shamrock Lane, addressed Council praising Councilman Owen and wanting more community involvement. Mr. Gsteiger questioned who speaks for the taxpayers. Mr. Gsteiger stated that the water and sewer portion of the budget looked good but that rates needed to be increased this year. Mr. Gsteiger stated that the general fund process is broken with no planning. Mr. Gsteiger stated that the Police Department represented one in three dollars and questioned spending money on patrol cars for each police officer with no evidence of savings. Tax revenues have been allocated to pay for these increases instead of going to infrastructure. Leslie Hayhurst, of 225 Upper Grouse Ridge Road, requested a copy of Mr. Gsteiger s material. Susie O Connell, of 132 Grassy Gap Loop, requested a copy of Mr. Gsteiger s material. Frank Steele, of 107 Christy Way, stated agreeance with Mr. Gsteiger, especially the increase for funding of the Police Department. Bob Carpenter, of 101 Golf View Road, stated that the Police Department increases are out of control and questioned the department purchasing five new patrol vehicles at once. Joe Antonell, of 220 Lakeledge Circle, stated concern over the roads. Jerri Layne, of 118 Poplar Drive, stated she appreciates living here and that the Town and the employees have her support. Debbie Canady, of 112 Lakeledge Circle, requested a copy of Mr. Gsteiger s information and informed Council that she was opposed to the five vehicle take home plan. Dennis Ferguson, of 324 Pinnacle Ridge Road, questioned if the proposed police vehicles would be take home vehicles or remain on the mountain. Hearing no more public comment Vice Mayor Piquet motioned to close the public hearing. Councilwoman Castiglione seconded the motion, the vote passed unanimously. MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 2 of 9
b. Public Hearing for Proposed Community Development Block Grant Funds Vice Mayor Piquet motioned to open the public hearing. Councilman Sauer seconded the motion, the vote passed unanimously. Manager Evans stated that the proposed Community Development Block Grant was for monies in the amount of $50,000. This money, if awarded, would be used to assist with educational opportunities for Beech Mountain staff as well as other governing entities in Watauga County who had expressed interest in sending their staff members to one of the programs that was being made available. Hearing no public comment Vice Mayor Piquet motioned to close the public hearing. Councilman Sauer seconded the motion, the vote passed unanimously. VIII. New Business a. Water Plant Replacement Project Update Dale Schepers, Construction Administrator for West Consultants, provided a contract summary update for the Water Plant Replacement Project. Mr. Schepers stated that as of June 14, 2016 the project was on day 267 of the 510 contract days which was 52.3% through to completion. Work progress continues to be on schedule and the quality of work is acceptable. Mr. Schepers continues to review and approve various materials and equipment submittals for the project. The next monthly construction progress meeting is scheduled for June 16, 10:30am at the Buckeye Lake Recreation Center. b. Hawthorne Road Joe Gregory of 134 Hawthorne Road addressed Council stating that he was a new resident on the mountain and as such wanted to discuss the possibility of the homeowners paving Hawthorne Road. Based on discussions with staff Mr. Greogory had concern that the water piping would hinder him in getting the road paved. Public Utilities Director Robert Heaton was asked by the Mayor if this was the case. Mr. Heaton confirmed that this was the case. Councilman Sauer made a suggestion that perhaps Mr. Gregory could pay for the new utility pipe for this road prior to paving. No action was taken by the Council. c. Memorial Bench Donation Policy Town Planner James Scott stated that credit for the Memorial Bench Donation Policy before Council needed to be given to the Planning Department s Intern, Cameron Calvin. Mr. Scott reviewed the policy with Council. Vice Mayor Piquet motioned to accept the policy. Councilwoman Castiglione seconded the motion and the vote passed unanimously. The Memorial Bench Donation Policy is attached as Exhibit B and incorporated by reference as if fully set out within these minutes. MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 3 of 9
d. Public Hearing Request for Proposed Tree Ordinance Amendment Town Planner James Scott informed Council of the details of the tree ordinance amendment proposal. Vice Mayor Piquet motioned to schedule the public hearing for Councils next regularly scheduled meeting. Councilwoman Castiglione seconded the motion. Mayor Miller opened the floor for Council discussion. Subsequent to further discussion Vice Mayor Piquet withdrew his motion. Council instructed staff to further review the proposed language of the ordinance and to return back to Council with another public hearing request once the language had been modified. IX. Old Business a. Fiscal Year 2016 2017 Budget Mayor Miller asked Police Chief Shawn Freeman to explain the take home car policy. Police Chief Freeman stated that cars would not leave Town limits or ETJ when Police Officers during non-work hours. Mayor Miller stated that Council would pick up further discussion on the 2016 2017 fiscal year budget at their next Council meeting. b. Vote on Proposed Community Development Block Grant Funds Councilwoman Castiglione motioned to approve the application submission for the $50,000 in grant monies. Councilman Sauer seconded the motion, the vote passed unanimously. X. Town Manager, Staff Reports, and Council Concerns Update on North Carolina Appalachian Rural Grant Application Manager Evans reported that staff members had spoken with Congresswoman Virginia Fox. Congresswoman Fox stated that the monies for funding this project had been denied due to politics. Upper Charter Hills Road One Way Road Update Manager Evans stated that Council had earlier in the year adopted language making the portion of Charter Hills Road that was a one-way road a two-way road during their January 12 th Council meeting. Manager Evans reported that the twoway road was working out. Coffee with a Cop Police Captain Tim Barnett reported to Council that the Coffee with a Cop Program had been a success. Captain Barnett explained that there are two zones on the mountain for two community policemen. Police Officer Daniel Dellinger and Police Officer Jonathan Hill MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 4 of 9
have been selected to fulfill these roles and will be stopping by for community visits. Moretz Paving and Line Painting Update June 1 st Manager Evans stated that this project is moving along well, even with the late start due to weather. Manager Evans noted however that the line painting on Pinnacle Ridge did not go so well. Pothole Repair Update Manager Evans stated that pothole repair is ongoing. Report a Problem Manager Evans stated that the Town now has a new method for allowing the community to report problems dealing with any department on the Town s website. Manager Evans noted that this service was not to be used for emergency s. Dumpsters Update Manager Evans stated five new dumpsters will be in service by the end of the month. Road Banks and Mowing Manager Evans reported that mowing on the road banks was not happening right now due to a broken mower. The part the mower required needed to be manufactured. It is expected that this part will be here on the upcoming Monday and that staff will resume mowing. Cool 5 Update Parks and Recreation Director Sean Royall informed Council that the Cool 5 went well although there were fewer participants than usual. Town Hall Day Update Manager Evans stated that he, along with Mayor Rick Miller and Councilwoman Castiglione, attended the North Carolina League of Municipalities Town Hall Day that was held on Wednesday, June 8, 2016 in Raleigh. Manager Evans stated that good contacts were had by all. House Bill 874, dealing with the availability fee, is a no go for this legislative session. XI. Town Council Comments Police Department Councilwoman Castiglione informed Council about discussions had with Police Chief Shawn Freeman. Councilwoman MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 5 of 9
Castiglione encouraged the community to reach out and ask questions concerning the Police Department directly to the Police Chief Freeman. Public Availability Councilman Sauer stated that Councilwoman Castiglione, along with himself, would be available at 9:30 Sunday morning at Fred s Deli to anyone in the public who wished to discuss issues concerning the Town. Mayor Miller stated that Council would take a short break at 5: 27 p.m. Note: Due to the absence of Finance Officer Steve Smith the following minutes were taken by Town Attorney Stacy Eggers, IV. XII. Closed Session Pursuant to NC GS 143-318.11(a)(3) Attorney Client Matters At 5:40 p.m., Vice Mayor Piquet moved to enter closed session pursuant to N.C. Gen. Stat. 143-318.11 (a)(3) for the purpose of discussing attorney-client matters, including Frank Steele and Genesis Wildlife Sanctuary, Inc. vs. Town of Beech Mountain, Town of Beech Mountain v. Genesis Wildlife Sanctuary, Inc., Solar v. Town of Beech Mountain, and Town of Beech Mountain v. Milligan. The motion was seconded by Councilwoman Castiglione and passed unanimously. Upon motion by Vice-Mayor Piquet, seconded by Councilman Sauer, the Council voted unanimously to exit closed session at 6:15 p.m. XIII. Other Business Council Meeting Date Councilman Owen stated that he would be out of town on June 21, 2016 and not able to attend a meeting on that date. Following discussion, the Council members stated they were available June 29, 2016 at 4:00 p.m. XIV. Recess Upon motion by Vice-Mayor Piquet, seconded by Councilman Sauer, the Council voted to recess this meeting to June 29, 2016 at 4:00 p.m. at Town Hall in the Council Chamber room located at 403 Beech Mountain Parkway Beech Mountain, NC 28604. Note: The following minutes were taken by Town Clerk Jennifer Broderick. XV. Reconvened Mayor E. Rick Miller reconvened the regular meeting of the Beech Mountain Town Council at 4:00 p.m., Wednesday, June 29, 2016 in the Town Hall Council Chambers located at 403 Beech Mountain Parkway Beech Mountain, NC 28604. Other Council Members present were Paul Piquet, Rick Owen, Wendel Sauer, and Renee Castiglione. Town Attorney Stacy Eggers IV. was present. Staff members present included Town Manager Ed MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 6 of 9
Evans, Town Clerk Jennifer Broderick, Finance Officer Steve Smith, Public Works Director Riley Hatch, Public Utilities Director Robert Heaton, Police Chief Shawn Freeman, and Fire Chief Bob Pudney. Mayor Miller stated that the agenda would stand. XVI. Other Business a. Fiscal Year 2016 2017 Budget Manager Evans stated that the proposed 2016 2017 Fiscal Year Budget and Budget Message that was before Council included the removal of the three (3) additional patrol cars for the Police Department. Manager Evans stated that Police Chief Shawn Freeman along with himself after further discussion have concluded that the three (3) additional patrol cars in the proposed budget needed to be removed. Manager Evans stated that due to this change the budget message had changed. The total General Fund expenditures are now expected to be $6,114,051, reflecting an approximate 11% decrease in General Fund spending. Also, under Capital Outlay, the reflected change drops the Police down to $178,800. The removal of the three (3) police vehicles are the only changes that have been made. Vice Mayor Paul Piquet stated that he would like to have the Daily All-Inclusive Pass for the Parks and Recreation Department fee be $3 on the proposed Schedule of Fees. There was Council consensus. Vice Mayor Piquet motioned to approve the 2016 2017 Budget Ordinance as presented with the amendment to the Parks and Recreation Daily All-Inclusive pass to $3 in the Schedule of Fees. Councilman Sauer seconded the motion. Mayor Miller opened the floor for budget discussion. Councilwoman Castiglione stated that she is happy that the merit increases are in the budget, if properly managed this will be an excellent plan. Councilwoman Castiglione stated that the 401k should be revisited next year. Councilwoman Castiglione stated that she appreciated the employees and what they did but that the taxpayers do not understand the 401k contribution. A lot of tax payers feel like this is too much. Councilwoman Castiglione again stated that she was happy about the merit increases. Councilman Sauer stated that he felt the same way about the 401k. During the open enrollment period for the 401k a lot of new contribution elections were made by employees. Should the 401k standard change then this will not be as much of a shock. Manager Evans stated that there are two-hundred eighty-five (285) municipalities that participate in the state 401k through Prudential. Of these participating employers 222 do not require matching money from the employees. Of the two-hundred twenty-two (222) municipalities one-hundred thirty (130) contribute five percent (5%) or more. Mayor Miller called the vote for the motion on the floor for the adoption of the proposed budget; the motion passed 4-1 with Mayor Miller, Councilman Owen, Vice Mayor Piquet, and Councilman MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 7 of 9
Sauer voting aye. Councilwoman Castiglione voted nay. The 2016 2017 Budget Ordinance and budget message is attached as Exhibit C and incorporated by reference as if fully set out within these minutes. b. Proposed Flexible Spending Account and Dependent Care Flexible Spending Account Manager Evans stated that this plan allowed employees to put away their own pretax dollars for health benefits and dependent care. Federal rules set the ceiling for the max amount that can be put away in this plan. The plan also permits for an automatic $500 roll over each plan year. Councilwoman Castiglione motioned to approve the Flexible Compensation Plan. Vice Mayor Piquet seconded the motion and the vote passed unanimously. Resolution No. 2016-04 A Resolution of the Town Council of the Town of Beech Mountain to Amend the Health Flexible Spending Account and Dependent Care Flexible Spending Account is attached as Exhibit D and incorporated by reference as if fully set out within these minutes. c. Watauga County Fire Contract Manager Evans stated that minus the change in the contract from recognizing Beech Mountain s Volunteer Fire Department to know recognizing Beech Mountain s Municipal Fire Department the language is the same as the previous contract that had been in place. Attorney Eggers stated that this was a perpetual contract with a one-hundred eighty (180) day notification to revoke to be received prior to June 30 th of the end of the fiscal year. Councilman Sauer motioned to approve the Watauga County Fire Contract. Vice Mayor Piquet seconded the motion and the vote passed unanimously. The Watauga County Fire Contract is attached as Exhibit E and incorporated by reference as if fully set out within these minutes. d. Avery County Fire Contract Fire Chief Bob Pudney stated that the Avery County Fire Contract is an annual contract. In the past the Beech Mountain Volunteer Fire Department was entering into this contractual relationship. This contract allows the money to go to the Town for the purpose of supporting fire prevention. Section 11 of the contract is an area that the Town would like to see remedied. Avery County is working on a revision that will be ready for the Town in July. Avery County Manager Tim Greene is working with Avery County s Attorney to take care of this language. Vice Mayor Piquet motioned to approve the Avery County Fire Contract. Councilman Sauer seconded the motion and the vote passed unanimously. The Avery County Fire Contract is attached as Exhibit F and incorporated by reference as if fully set out within these minutes. MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 8 of 9
Council Comments Councilwoman Castiglione stated that she is looking forward to getting an earlier start on the budget process next year. XVII. Adjourn Upon motion by Vice-Mayor Piquet, seconded by Councilwoman Castiglione, the Council voted unanimously to adjourn at 4:19 p.m. Minutes approved by Town Council on July 12, 2016 Respectfully Submitted By: Respectfully Submitted By: Steve Smith, Finance Officer Stacy C. Eggers, IV, Town Attorney ATTEST: E. Rick Miller, Mayor Jennifer Broderick, MMC Town Clerk MINUTES BEECH MOUNTAIN TOWN COUNCIL June 14, 2016 Reconvened June 29, 2016 Page 9 of 9
June 14, 2016 Reconvened June 29, 2016 ATTACHMENT(S) TO MINUTES EXHIBIT A Budget Amendment 06142016-06 EXHIBIT B Memorial Bench Donation Policy EXHIBIT C 2016 2017 Fiscal Year Budget Ordinance EXHIBIT D Resolution No. 2016-04 A Resolution of the Town Council of the Town of Beech Mountain to Amend the Health Flexible Spending Account and Dependent Care Flexible Spending Account EXHIBIT E Watauga County Fire Contract EXHIBIT F Avery County Fire Contract