MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 7, 2022
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 7, 2022, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Welch called the meeting to order at 5:31 P.M. The following were present:
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Carrington Pertalion, Commissioner
Larry Turnbow, Commissioner
Charlie Wallin, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Wallin opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the May 24, 2022, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the May 24, 2022, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the May 24, 2022, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the June 7, 2022, agenda.
Commissioner Pertalion, seconded by Vice-Chairman Kennedy, moved to approve the June 7, 2022, agenda as presented.
VOTE: Aye-5
Nay-0
Proposed Resolution for Water Resources Development Grant for Middle Fork Greenway
Mr. Joe Furman, Planning and Inspections/EDC Director, presented a proposed resolution for a Water Resource Grant for Boone Gorge Park which was a part of the Middle Fork Greenway. The resolution would obligate the County to assume responsibility and all conditions as specified by the grant.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
Appointment of Board of Directors to the Watauga Community Housing Trust (WCHT)
Mr. Joe Furman, Planning and Inspections/EDC Director, presented the following proposed members for consideration of appointment to the Board of Directors of the Watauga Community Housing Trust (WCHT):
· Rob Howard, President of Howard Building Science, who was a builder/developer of sustainable affordable housing and spent most of his construction career with Habitat for Humanity. He was also a Building Science Lecturer at Appalachian State University.
· Lynn Coulthard who was associated with The Affordables (affordable housing group) and was also associated with St Mary’s of the Hills in Blowing Rock.
· Meredith Maiken who was a Western North Carolina native and Senior at Appalachian State studying Sustainable Development and Planning and interested in long-term solutions to the housing affordability crisis in the region.
· Ben Loomis, Grant Coordinator for the Hunger and Health Coalition, who was a local nonprofit worker and Deep Gap resident interested in building structural solutions to the affordable housing crisis alongside work to address food insecurity and other community issues.
· Joe Furman, Watauga County Planning & Inspections and Economic Development Director, who was one of the founding Board members of the currently inactive Watauga Community Housing Trust.
As discussed at the May 3, 2022, Board meeting, the task of the new Board would be to revise the WCHT bylaws regarding Board membership and the method of appointment. Mr. Furman requested the customary second reading for appointments be waived.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to waive the second reading and appoint Rob Howard, Lynn Coulthard, Meredith Maiken, Ben Loomis, and Joe Furman as the Board of Directors of the Watauga Community Housing Trust.
VOTE: Aye-5
Nay-0
Proposed Proclamation for Elder Abuse Awareness Day
Ms. Betsy Richards, Ms. Stevie John, and Ms. Angie Boitnotte present a proposed proclamation declaring June 15, 2022, as “World Elder Abuse Awareness Day.” Ms. Boitnotte stated that broadened attention was brought to the issue throughout the month between Mother’s Day and Father’s Day and shared statistics on elder abuse. Ms. John read the proposed proclamation.
Commissioner Turnbow, seconded by Commissioner Pertalion, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
Project On Aging Matters
A. Proposed Final Revised Allocation of Consolidated Appropriations Act, 2021 Supplemental Nutrition Funding (HDC5)
Ms. Angie Boitnotte, Project on Aging Director, stated that the Board had approved the plan to allocate funding for the Supplemental Nutrition Funding (HDC5) in the amount of $23,592 on July 20, 2021. The initial allocation required revisions due to actual spending levels. No matching funds were required and the funds had to be expended by September 30, 2022.
Ms. Boitnotte requested the following revisions:
|
|
Unit Based |
Non-Unit |
|
|
Service |
Allocation |
Allocation |
Totals |
|
Congregate Meals |
$1,796 |
$7,000 |
$8,796 |
|
Home Delivered Meals |
$1,796 |
$13,000 |
$14,796 |
|
Totals |
$3,592 |
$20,000 |
$23,592 |
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to adopt the revised funding plan as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
B. Proposed Allocation of Projected FY 2023 Home & Community Care Block Grant (H&CCBG) Funds
Ms. Angie Boitnotte, Project on Aging Director, requested acceptance of the projected allocation of $313,778 in Home and Community Care Block Grant (H&CCBG) funds for FY 2023. The required local match was $34,865 and was present in the Project on Aging's FY 2023 requested budget. The proposed allocations were as follows:
|
HCCBG Service |
HCCBG Allocation |
Match |
|
In-Home Aide Level I |
$87,089 |
$9,677 |
|
In-Home Aide Level II |
$74,670 |
$8,297 |
|
Congregate Meals |
$40,000 |
$4,444 |
|
Home Delivered Meals |
$106,019 |
$11,780 |
|
Transportation |
$6,000 |
$667 |
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to accept the FY 2023 allocations for the Home & Community Care Block Grant (H&CCBG) Funds as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
Adoption of the Fiscal Year 2023 Budget Ordinance
County Manager Geouque presented the Fiscal Year 2023 Budget Ordinance for adoption. Below were proposed changes since the proposed budget was presented:
|
Budget Change Summary |
||
|
General Fund |
|
|
|
Revenues |
Expenditures |
|
|
|
$869 |
Children’s Playhouse |
|
|
$(869) |
General and Liability Insurance |
|
|
$12,000 |
Contracted Services – Medical Director |
|
|
$(12,000) |
Retiree Health Insurance Expense |
|
$ 0 |
Net change and Overall Budget Increase |
|
Chairman Welch stated that the property tax rate was decreased in the proposed Ordinance from $0.403 to $0.318 per $100 of valuation would give Watauga County the lowest tax rate in the State. The Chairman gave a brief review of the budget which was balanced with no appropriations from the Fund Balance.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Update on the Naming Application Request in Memory of Lawrence “Lan” O’Loughlin
County Manager stated that, at the May 24, 2022, meeting, Mr. Eric O’Loughlin, Ms. Jean Hord Roberts, and Ms. Ashley Ginn had presented a request to name the lap pool in the aquatic center at the Community Recreation Center (CRC) after Mr. Lawrence (“Lan”) O’Loughlin who was the Watauga High School Men’s and Women’s head swim coach from 1979 to 2003.
The County Manager stated that a public hearing was required to be scheduled to seek comments and input from County citizens. Once the public hearing was held the Board shall vote on the request. A unanimous vote of the Board was required for the naming application to be approved.
Brief discussion was held in regards to a date for the public hearing and a potential change for the second meeting in July due to a project deadline that had not yet been determined.
Due to the uncertainty of the date, Chairman Welch tabled scheduling a public hearing until the June 21, 2022, meeting, at which time the project deadline date would be known.
B. July Meeting Schedule
County Manager Geouque stated that historically, only one meeting was held in July due to all the work which had been done on the budget as well as the July 4th holiday. Also, historically, at the beginning of a new fiscal year there was limited business for the Board’s consideration. The Manager recommended cancelling the first meeting in July and, at this time, holding the second meeting as currently scheduled for the third Tuesday on July 19.
At an earlier meeting, the July 19 meeting location was changed to the Community Room in the Community Recreation Center (CRC) in anticipation of the Board Room being used as a polling site for a second primary. According to Mr. Matt Snyder, Board of Elections Director, there would not be a second primary; therefore, staff recommended the July 19, 2022, regular meeting be held in the Commissioners’ Board Room. A proposal to change the date of the second meeting may be made at the June 21, 2022, meeting due to a yet undetermined project deadline.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to cancel the first meeting in July and move the second meeting location back to the Commissioners’ Board Room in the Administration Building.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced the following:
· The North Carolina Association of County Commissioners’ (NCACC) next Board of Directors meeting was scheduled in Watauga County on June 24-25, 2022. The NCACC invites the Chairman or Vice-Chairman and County Manager to speak at the beginning of the meeting on the 24th, to provide a brief welcome message to Watauga County. Vice-Chairman Kennedy stated that he would be in attendance to welcome the Association to the County as Chairman Welch had another commitment on that date.
· The NCACC also invites the Watauga County Board of Commissioners to be guests at the NCACC Board dinner which would be held at the Meadowbrook Inn on the evening of June 24th.
Ms. Carol Thompson requested and received clarification that the public hearing for the naming request would be scheduled at the June 21, 2022, meeting.
County Attorney di Santi quoted portions of the below G.S. 1a-1 Rule 11 and stated that he could not in good faith file a Petition for Discretionary Review on the County’s behalf in the Appalachian Materials, LLC, Board of Adjustment appeal after Judge Gavenus approval of Appalachian Materials’ permit.
Rule 11. Signing and verification of pleadings.
(a) Signing by Attorney. – Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
(b) Verification of pleadings by a party. – In any case in which verification of a pleading shall be required by these rules or by statute, it shall state in substance that the contents of the pleading verified are true to the knowledge of the person making the verification, except as to those matters stated on information and belief, and as to those matters he believes them to be true. Such verification shall be by affidavit of the party, or if there are several parties united in interest and pleading together, by at least one of such parties acquainted with the facts and capable of making the affidavit. Such affidavit may be made by the agent or attorney of a party in the cases and in the manner provided in section (c) of this rule.
(c) Verification of pleadings by an agent or attorney. – Such verification may be made by the agent or attorney of a party for whom the pleading is filed, if the action or defense is founded upon a written instrument for the payment of money only and the instrument or a true copy thereof is in the possession of the agent or attorney, or if all the material allegations of the pleadings are within the personal knowledge of the agent or attorney. When the pleading is verified by such agent or attorney, he shall set forth in the affidavit:
(1) That the action or defense is founded upon a written instrument for the payment of money only and the instrument or a true copy thereof is in his possession, or
(2) a. That all the material allegations of the pleadings are true to his personal knowledge and b. The reasons why the affidavit is not made by the party.
(d) Verification by corporation or the State. – When a corporation is a party the verification may be made by any officer, or managing or local agent thereof upon whom summons might be served; and when the State or any officer thereof in its behalf is a party, the verification may be made by any person acquainted with the facts. (1967, c. 954, s. 1; 1985 (Reg. Sess., 1986), c. 1027, s. 55.)
Closed Session
At 6:03 P.M., Commissioner Wallin, seconded by Commissioner Pertalion, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Pertalion, moved to resume the open meeting at 6:51 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Commissioner Pertalion, moved to adjourn the meeting at 6:51 P.M.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board