MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 2, 2022
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 2, 2022, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Vice-Chairman Kennedy called the meeting to order at 5:33 P.M. The following were present:
PRESENT: 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
[Clerk’s Note: Chairman Welch was not in attendance due to a prior commitment.]
Commissioner Wallin opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.
Approval of Minutes
Vice-Chairman Kennedy called for additions and/or corrections to the July 19, 2022, regular meeting minutes.
Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the July 19, 2022, regular meeting minutes as presented.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
Approval of Agenda
Vice-Chairman Kennedy called for additions and/or corrections to the August 2, 2022, agenda.
Commissioner Wallin requested to add a report from Beanstalk Theatre to the beginning of the agenda.
Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the August 2, 2022, agenda as amended.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
Beanstalk Report
Ms. Andrea McDonough, Executive Director and Co-Founder of Beanstalk Theatre, thanked the Board for supporting the Appalachian Theatre subsidy fund allowing grants for local non-profit groups to use the Theatre. The Beanstalk Theatre presented Shrek The Musical for three nights at the Appalachian Theatre and had the largest crowds they have ever had. Ms. McDonough stated that Beanstalk Theatre was created ten years ago to help give middle-schoolers theatrical opportunities. Ms. McDonough shared a couple of thank you notes from participants and stated that two more performances were anticipated for the coming Fall and Spring. The report was given for information only and, therefore, no action was taken.
Blue Ridge Relay
Mr. Ken Sevensky with Blue Ridge Relay stated that the Relay was a 200-mile relay-style running race that began in 2005 and starts in Grayson Highlands State Park, VA, and finishes in Asheville, NC. Mr. Sevensky stated that this year’s race is scheduled for September 9, 2022, with runners projected to be in the Boone area from approximately 12:30 – 8:30 P.M. There would be 150-200 runners (one from each team) on the road at any given time with in-active runners being transported in team vans.
Historically, the Blue Ridge Relay course followed the Blue Ridge Parkway to bypass Boone by using the following route: Hardin Road to Old Hwy 421 in Deep Gap where they joined the Blue Ridge Parkway from Parkway Elementary School to Blowing Rock and then ran Hwy 221 South from Blowing Rock to Linville. The Blue Ridge Parkway is not issuing special use permits for that section of the Parkway this year due to road maintenance. Therefore, the following route has been created to re-route runners from Todd to Blowing Rock: Roby Green Road to Old Hwy 421 to Hwy 421 to Brookshire Road to the Greenway at Brookshire Park to Greenway Road to Winklers Creek Road to Blowing Rock.
Mr. Sevensky shared that he has submitted a Special Use Permit Application to the Town of Boone to run the Boone Greenway and presented his request at the July 13, 2022, Boone Town Council Meeting. Mr. Sevensky is also in communication with Major Kelly Redmon of the Watauga County Sheriff’s Office and Patrol Captain Daniel Duckworth of the Boone Police Department.
Permission has been given for the use of the following areas as Support Stations for relay teams: Green Valley Community Park, Bethelview United Methodist Church (Ridge Road), High Country Soccer Association (to use one of the parking lots of the Ted Mackorell Soccer Complex), Greenway Baptist Church (Greenway Road), and the Blowing Rock Pool.
Mr. Sevensky requested the following: permission to allow runners to use the Greenway along the Ted Mackorell Soccer Complex, Brookshire Park, and New River Hills Road for the purpose of the Blue Ridge Relay; permission to use a parking lot at the Ted Mackorell Soccer Complex as a support station; and a written letter of support to the North Carolina Department of Transportation (NCDOT) to have a single lane closure on Hwy 421 on September 9, 2022, from approximately 12:00 – 8:00 P.M. with Blue Ridge Relay to pay associated costs.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
Kill/Chill Facility Update
Mr. Jim Hamilton provided an update on the “Kill-Chill” facility. Mr. Hamilton stated that last June (2021) notification was received of Golden LEAF’s commitment to the proposed facility that required $1 million of matching funds. To date the following funds have been committed and/or awarded: $500,000 from Watauga County via American Rescue Plan funding in Dec. 2021
$220,236 from Tobacco Trust Fund in Dec. 2021
$100,000 from the Appalachian Regional Commission in Jan 2022
$75,000 from Opportunity Appalachia (primarily to fund consultant/planning)
$474,450 from the NC Agricultural Development Trust Fund (through NCDA)
$2,369,686 Total, including Golden LEAF funding
There was also a proposal pending from the USDA MPPEP (Meat and Poultry Processing Expansion) Program which would cover 20% of all project expenses. Notification from the MPPEP program would be later this Summer or early Fall. These additional funding sources allow moving forward into the pre-construction/construction phase of the project.
Mr. Hamilton stated that there were enough funds for a slaughter floor and that he was awaiting to hear from the consultant. Mr. Hamilton stated that he would work with the County Manager on the preliminary design and layout to see where to go from here.
Proposed Recommendations to the High Impact Land Use (HILU) Regulations Spacing Requirements
Mr. Joe Furman, Planning and Inspections/Economic Development Director, presented a proposed amendment to add to #3: “or a roadway designated by Watauga County as a Gateway” following “designated as a NC Scenic Byway” to the spacing requirements for Category 1 and 2 High Impact Land Uses from the regulations (Chapter 13 of the Planning & Development Ordinance) as recommended by the Watauga County Planning Board.
(F) Spacing Requirements.
(1) Category 1 & Category 2 High Impact Land Uses may not be established within 1,500 feet of a public or private Educational Facility, NC licensed Child Care Facility, NC licensed Assisted Living Facility, NC licensed Nursing Home, Public Outdoor Recreation Area, or Religious Facility. In order to establish required spacing, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure, or outdoor storage area utilized by Category 1 or 2 Land Uses, to the nearest property line of the above-listed facilities.
(2) Category 1 High Impact Land Uses may not be established within 750 feet of a dwelling. In order to establish required spacing, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure, or outdoor storage area utilized by a Category 1 Land Use, to the nearest property line of a dwelling.
(3) Category 1 High Impact Land Uses may not be established within 1,500 feet of the right-of-way line of a roadway designated by NCDOT as a NC Scenic Byway or within 1,500 feet of the Blue Ridge Parkway. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the spacing requirements of this Section.
As background information, Mr. Furman stated that a citizen had submitted a request for the additional wording to the Board of Commissioners, which was then referred to the Planning Board for consideration. Mr. Furman stated that The Citizens’ Plan For Watauga designates four gateways and the concern was that the County had no control over the Scenic Byway designation, as the North Carolina Department of Transportation could remove the designation at any time; which was unlikely but not impossible.
Mr. Furman stated that a public hearing would be required prior to adoption of the amendment.
Commissioner Wallin, seconded by Commissioner Turnbow, moved to schedule a public hearing on September 6, 2022, at 5:30 P.M. to allow public comment on the proposed amendment to Category 1 and 2 High Impact Land Uses from the regulations (Chapter 13 of the Planning & Development Ordinance).
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
Finance Matters
A. Budget Amendments
County Manager Geouque reviewed the following budget amendments:
Account # |
Description |
Debit |
Credit |
105890-463150 |
Crossnore School – JCPC County Match |
|
$1,607 |
105890-463149 |
Crossnore School – JCPC |
|
$5,355 |
105890-463151 |
Mountain Alliance – JCPC |
$2,798 |
|
105890-463152 |
Mountain Alliance – JCPC County Match |
$840 |
|
105890-463144 |
WYN – JCPC |
$1,481 |
|
105890-463145 |
WYN – JCPC County Match |
$444 |
|
105890-463146 |
Juvenile Mediation – JCPC |
$1,076 |
|
105890-463147 |
Juvenile Mediation – JCPC County Match |
$323 |
|
105890-463144 |
WYN – JCPC |
$24,500 |
|
103300-333000 |
JCPC Funding |
|
$24,500 |
|
|
|
|
The amendment recognized the reallocation of unused Crossnore School Funds as approved at the May 24, 2022, Board meeting. |
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104277-435100 |
Maintenance and Repairs – Building (LEC) |
$1,202,000 |
|
104275-435100 |
Maint. and Repairs – Building (Human Services) |
|
$1,187 |
219800-498010 |
Transfer to General Fund |
$1,367,895 |
|
104261-435101 |
Maint. And Repairs – Building (Courthouse) |
$167,082 |
|
213991-399101 |
Fund Balance Appropriation |
|
$1,367,895 |
103980-398121 |
Transfer from Capital Projects Fund |
|
$1,367,895 |
|
|
|
|
The amendment recognized funds from the Capital Reserve for roof replacements at the Law Enforcement Center and the Human Services Building and drainage issues at the Courthouse as approved at the May 24, 2022, Board meeting. |
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|
|
|
519800-498010 |
Transfer to General Fund |
$3,161,724 |
|
517000-417010 |
ARP Expenditures |
|
$3,161,724 |
|
|
|
|
The amendment recognized the standard allowance utilized for ARP Funds under Uniform Guidance. |
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|
|
|
104199-517001 |
ARP Special Allocations to Non-Profits |
$100,000 |
|
104320-517002 |
ARP COVID Testing Inmates |
$270,493 |
|
104310-517300 |
ARP Tactical Equipment |
$28,922 |
|
104210-517003 |
ARP Katalyst Server |
$77,309 |
|
109800-498021 |
Kill/Chill |
$500,000 |
|
109800-498021 |
Trans. to Cap. Proj. Fund – ARP Valle Crucis Sch. |
$2,145,000 |
|
104267-517400 |
ARP Health Department Remodel |
$40,000 |
|
103991-399100 |
Fund Balance Appropriation |
|
$3,161,724 |
213980-398100 |
Transfer from General Fund |
|
$2,645,000 |
219930-459121 |
Valle Crucis School |
$2,145,000 |
|
219930-449212 |
Future Processing Plant |
$500,000 |
|
|
|
|
|
The amendment recognized the allocation of expenditures utilizing the standard allowance for ARP Funds totaling $3,161,724. |
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|
103300-343323 |
911 Console Upgrade Grant |
|
$13,352 |
104311-451000 |
Capital Outlay – Equipment |
$13,352 |
|
|
|
|
|
The amendment recognized funds from NC 911 Board for replacing consoles in the Communications Center as approved at the October 5, 2022, Board meeting. |
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|
|
104310-449930 |
Internet Crimes Against Children Grant |
$14,760 |
|
103300-343333 |
Internet Crimes Against Children Grant |
|
$14,760 |
|
|
|
|
The amendment recognized a grant received for the Watauga County Sheriff’s Office for internet crimes against children. |
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104330-469901 |
Foscoe Fire District Sales Tax Distribution |
$50,000 |
|
104330-469903 |
Fall Creek Fire Sales Tax Distribution |
$1,000 |
|
104330-469904 |
Beaver Dam Fire Sales Tax Distribution |
$10,000 |
|
104330-469905 |
Boone Fire Sales Tax Distribution |
$80,000 |
|
104330-469906 |
Zionville Fire Sales Tax Distribution |
$10,000 |
|
104330-469907 |
Cove Creek Fire Sales Tax Distribution |
$23,000 |
|
104330-469908 |
Stewart Simmons Fire Sales Tax Distribution |
$30,000 |
|
104330-469910 |
Meat Camp Fire Sales Tax Distribution |
$20,000 |
|
104330-469911 |
Todd Fire Sales Tax Distribution |
$8,500 |
|
104330-469912 |
Blowing Rock Fire Sales Tax Distribution |
$50,000 |
|
104330-469913 |
Shawneehaw Fire Sales Tax Distribution |
$10,000 |
|
104330-469919 |
Creston Fire Sales Tax Distribution |
$500 |
|
104330-469924 |
Deep Gap Fire Sales Tax Distribution |
$17,000 |
|
104330-469998 |
Beech Mountain Fire Sales Tax Distribution |
$2,000 |
|
103200-323300 |
Sales Tax Revenue |
|
$312,000 |
|
|
|
|
The amendment recognized additional projected sales tax distribution above original budget. |
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103200-326600 |
ABC Bottle Tax |
|
$6,000 |
105890-469848 |
Blue Ridge Meditation – ABC Funds |
$6,000 |
|
|
|
|
|
The amendment recognized additional bottle tax funds received. |
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243102-312100 |
Current Year Taxes Boone |
|
$30,000 |
243102-312101 |
Current Year Taxes Foscoe Special District |
|
$1,000 |
243102-312107 |
Current Year Taxes Cove Creek Special District |
|
$50 |
243102-312108 |
Current Year Taxes Shawneehaw Special District |
|
$150 |
244340-469901 |
Pay to Fire District Foscoe |
$1,000 |
|
244340-469905 |
Pay to Fire District Boone |
$30,000 |
|
244340-469907 |
Pay to Fire District Cove Creek |
$50 |
|
244340-469908 |
Pay to Fire District Shawneehaw |
$150 |
|
283102-312101 |
Current Year Taxes Foscoe |
|
$7,000 |
283102-312103 |
Current Year Taxes Fall Creek |
|
$400 |
283102-312104 |
Current Year Taxes Beaver Dam |
|
$800 |
283102-312106 |
Current Year Taxes Zionville |
|
$5,000 |
283102-312107 |
Current Year Taxes Cove Creek |
|
$12,000 |
283102-312108 |
Current Year Taxes Shawneehaw |
|
$4,000 |
283102-312109 |
Current Year Taxes Meat Camp |
|
$12,000 |
283102-312110 |
Current Year Taxes Deep Gap |
|
$6,000 |
283102-312111 |
Current Year Taxes Todd |
|
$2,500 |
283102-312112 |
Current Year Taxes Blowing Rock |
|
$12,000 |
283102-312119 |
Current Year Taxes Meat Camp/Creston |
|
$500 |
284340-469901 |
Pay to Fire District Foscoe |
$7,000 |
|
284340-469903 |
Pay to Fire District Fall Creek |
$400 |
|
284340-469904 |
Pay to Fire District Beaver Dam |
$800 |
|
284340-469906 |
Pay to Fire District Zionville |
$5,000 |
|
284340-469907 |
Pay to Fire District Cove Creek |
$12,000 |
|
284340-469908 |
Pay to Fire District Shawneehaw |
$4,000 |
|
284340-469909 |
Pay to Fire District Meat Camp |
$12,000 |
|
284340-469910 |
Pay to Fire District Deep Gap |
$6,000 |
|
284340-469911 |
Pay to Fire District Todd |
$2,500 |
|
284340-469912 |
Pay to Fire District Blowing Rock |
$12,000 |
|
284340-469919 |
Pay to Fire District Meat Camp/Creston |
$500 |
|
|
|
|
|
The amendment recognized additional projected fire tax distribution above original budget. |
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|
293270-312009 |
Occupancy Tax Revenues |
|
$2,200,000 |
294140-469900 |
Watauga County District U TDA |
$22,000 |
|
294140-449900 |
Administrative Collection Fee |
$2,178,000 |
|
|
|
|
|
The amendment recognized additional projected occupancy tax revenues above original budget. |
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323341-395124 |
Deeds of Trust – Permits and Fees |
|
$8,000 |
324180-463210 |
Distribution to State of NC |
$8,000 |
|
|
|
|
|
The amendment recorded additional projected Deed of Trust Fees above original budget. |
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Commissioner Turnbow, seconded by Commissioner Pertalion, moved to approve the budget amendments as presented by the County Manager.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
B. American Rescue Plan Act (ARPA) Proposals
2. Conflict of Interest Policy Applicable to Contracts and Subawards of Watauga County Supported by Federal Financial Assistance
3. Resolution for Subaward & Monitoring for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds
4. Subaward and Monitoring Policy for Expenditures of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds
5. Nondiscrimination Policy
6. Eligible Project Policy for the Expenditure of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds by Watauga County
County Manager Geouque presented the policies listed above of which, due to the County utilizing ARPA funding, the Uniform Guidance required adoption by the County.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to adopt the following ARPA proposals as presented by the County Manager:
1. Policy for Allowable Costs and Cost Principles for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds by North Carolina Local Governments
2. Conflict of Interest Policy Applicable to Contracts and Subawards of Watauga County Supported by Federal Financial Assistance
3. Resolution for Subaward & Monitoring for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds
4. Subaward and Monitoring Policy for Expenditures of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds
5. Nondiscrimination Policy
6. Eligible Project Policy for the Expenditure of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds by Watauga County
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
Miscellaneous Administrative Matters
A. Armory Planning Committee
County Manager Geouque stated that the Town of Boone selected Council Members Edie Tugman and Dalton George as well as former Mayor Loretta Clawson to serve on the Armory Planning Committee. The Board will need to select three members to serve on this committee as well. Commissioners Pertalion and Turnbow volunteered to serve on the committee. Commissioners agreed to have names ready at the August 16 meeting to consider for the third member.
Commissioner Wallin, seconded by Commissioner Pertalion, moved to appoint Commissioner Turnbow and Commissioner Pertalion to serve as County representatives on the Armory Planning Committee.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
B. Request to Schedule Public Hearing to Allow Citizen Comment on the Proposed Financing of the New Valle Crucis Elementary School.
County Manager Geouque requested a public hearing be scheduled on August 16, 2022, at 5:30 P.M. to allow public comment on proposed financing of the new Valle Crucis Elementary School. The County Manager shared the public hearing notice which was sent to the Watauga Democrat prior to the meeting due to the newspaper’s time constraints.
Commissioner Pertalion, seconded by Commissioner Turnbow, moved to schedule a public hearing on August 16, 2022, at 5:30 P.M. to allow public comment on proposed financing for the new Valle Crucis Elementary School.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-1(Welch)
C. Announcements
County Manager Geouque announced the following:
· The 115th NCACC Annual Conference will be held August 11-13, 2022, in Cabarrus County at the Concord Convention Center. Visit https://www.ncacc.org/events-training/annual-conference/ for more information. Please let Anita know if you plan attend.
· The High Country Council of Governments’ 47th Annual Banquet is scheduled for Friday, September 9, 2022, in the Grandview Ballroom at The Northwest Endzone, Appalachian State University. Please let Anita know if you plan to attend prior to the RSVP deadline of August 26, 2022.
· The NCACC’s Legislative Goals Conference will be held over two days, November 16-17, 2022, in Wake County. Delegates will vote on the slate of goal proposals that have been thoroughly vetted with the final slate of proposals to be brought before the Association’s membership in November.
Zeke Jones, Linda Byrd, and Gabe Patterson shared comments in regards to Chairman Welch’s position on the Board of Commissioners.
Closed Session
At 6:23 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-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-(Welch)
Commissioner Wallin, seconded by Commissioner Turnbow, moved to resume the open meeting at 6:57 P.M.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-(Welch)
Adjourn
Commissioner Wallin, seconded by Commissioner Turnbow, moved to adjourn the meeting at 6:57 P.M.
VOTE: Aye-4(Kennedy, Pertalion, Turnbow, Wallin)
Nay-0
Absent-(Welch)
Billy Kennedy, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board