MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 21, 2023
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, February 21, 2023, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Turnbow called the meeting to order at 5:33 P.M. The following were present:
PRESENT: Larry Turnbow, Chairman
Charlie Wallin, Vice-Chairman
Todd Castle, Commissioner
Braxton Eggers, Commissioner
Ray Russell, Commissioner
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Eggers opened with a prayer and Commissioner Wallin led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the February 1, 2023, special meeting and closed session minutes; the February 7, 2023, regular and closed session minutes; and the February 9 & 10, 2023, special meeting minutes.
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the February 1, 2023, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the February 1, 2023, special meeting closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the February 7, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the February 7, 2023, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the February 9 & 10, 2023, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the February 21, 2023, agenda.
County Manager Geouque requested to add Personnel Matters to closed session per, G. S. 143-318.11(a)(6).
Commissioner Russell, seconded by Commissioner Wallin, moved to approve the February 21, 2023, agenda as amended.
VOTE: Aye-5
Nay-0
Mr. Eric Woolridge, Destination by Design, a Tourism Development Authority (TDA) contractor, presented the Imagine Watauga plan findings. The action plan focus areas included: Federal and State Parks and Trails, Regional and Local Parks and Trails, Rural Villages, and the Town of Boone. Mr. Woolridge stated that he would present this information to the Boone Town Council as well and planned to schedule a public community session in April. Possible locations of improvements in the County included the Green Valley River Access and Rural Village Development potentially in the following communities: Cove Creek, Valle Crucis, Deep Gap, Foscoe, and Todd. Mr. Woolridge also mentioned the potential needs for additional TDA staff, a memorandum of understanding between the County and the TDA for maintenance, and additional indoor/cold weather opportunities for youth.
Commissioner Russell, seconded by Commissioner Wallin, moved to support the Tourism Development Authority holding a public meeting in April to glean input on the Imagine Watauga Action Plan.
VOTE: Aye-5
Nay-0
Proposed NC Senior Tar Heel Legislature 30th Anniversary Celebration
Ms. Mary Moretz, North Carolina Senior Tar Heel Legislature (STHL) Alternate representing Watauga County, thanked the Board for continued support of the STHL over the years which was formed by legislation (G. S. 143B-181.55) in 1993 as follows: “Provide information and education to senior citizens on the legislative process and matters being considered by the NC General Assembly; Promote citizen involvement and advocacy concerning aging issues before the General Assembly; and Assess the legislative needs of older citizens by convening a forum modeled after the General Assembly.”
Ms. Moretz thanked the following for their continued work with seniors in our County: Ms. Pat Coley, STHL Watauga County Delegate, who was not able to attend the meeting, Mr. Zack Green, Area Agency on Aging (AAA) Director, Ms. Lola Benfield, AAA Family Caregiver Support Specialist, Ms. Angie Boitnotte, Project on Aging (POA) Director, and Ms. Kristi Bunn, Lois Harrill Senior Center Director.
Mr. Green described the currently aging population as a “silver tsunami” and Ms. Moretz stated that plans had to be made for change.
Ms. Moretz shared the STHL’s 2023-2024 Five Legislative Priorities as follows:
1. Adult Protective Services: Allocate an additional $8 million in recurring funds for Adult Protective Services (APS) to address staff shortages.
2. Senior Centers: Increase the Senior Center General Purpose Appropriation by $1,265,316 in recurring funds.
3. Home & Community Care Block Grant (HCCBG): Allocate an additional $8 million in recurring funds for the Home and Community Care Block Grant.
4. Regional Long-Term Care Ombudsman: Allocate an additional $1.5 million in recurring funds for 11 additional long-term care ombudsmen. Ms. Benfield stated that Ms. Stevie John, High Country Council of Governments’ Ombudsman, had stated that across the state, Ombudsmen vs. beds (in Adult Care & Nursing Homes) were under the recommended amount.
5. Long-Term Care Staff-to-Resident Ratios: Strengthen long-term care staffing standards.
Ms. Moretz invited the Board to attend the North Carolina Senior Tar Heel 30th Anniversary Celebration on Friday, March 17, 2023, at the Lois E. Harrill Senior Center from 10:00 to 11:00 A.M. which was hosted by the Watauga County Project on Aging. Ms. Boitnotte read a proposed proclamation proclaiming Friday, March 17, 2023, as “North Carolina Senior Tar Heel Legislature Day 2023” in Watauga County and honoring the contribution and record of the NC STHL.
Commissioner Wallin, seconded by Commissioner Russell, moved to adopt the proclamation proclaiming March 17, 2023, as North Carolina Senior Tar Heel Legislature Day 2023.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that the STHL would be a good avenue to request legislation to increase homestead tax exemptions for seniors. Chairman Turnbow stated that the Tax Department had been instructed to provide information to tax payers; however, the stipends were not large enough to help many. The Chairman also stated that Mr. Larry Warren, Tax Administrator, could make a presentation at the Senior Center to make sure seniors were aware of the exemption.
Tax Matters
A. Monthly Collections Report
Mr. Larry Warren, Tax Administrator, presented the Tax Collections Report for the month of January 2023. The report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
Mr. Larry Warren, Tax Administrator, presented the Refunds and Releases Report for January 2023 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the Refunds and Releases Report for January 2023 as presented.
VOTE: Aye-5
Nay-0
C. Board of Equalization and Review (E&R) Schedule
Mr. Larry Warren, Tax Administrator, discussed the scheduling of the FY 2023 Board of Equalization and Review (E&R) and recommended the convening date be scheduled for Tuesday, April 4, 2023, and the adjournment date being scheduled for Monday, April 17, 2023. Both meetings would be at 5:00 P.M. in the County Commissioners Conference Room.
The Board could create a special Board of E&R that would serve this spring; however, in previous years, the Board was incorporated to include the Commissioners as well as the County Manager, as an alternate member. Mr. Warren presented a proposed resolution establishing the Board of E&R in this manner. The member compensation also needed to be set. For the past several years it has been $75.00 per session and the County Manager would not receive the compensation.
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Russell, moved to set the convening date as Tuesday, April 4, 2023, and the adjournment as Monday, April 17, 2023, for the Board of Equalization and Review, as presented by Mr. Warren.
VOTE: Aye-5
Nay-0
After discussion of the compensation fee, the above motion was amended as follows:
Commissioner Wallin, seconded by Commissioner Russell, moved to set the convening date as Tuesday, April 4, 2023, and the adjournment as Monday, April 17, 2023, for the Board of Equalization and Review, as presented by Mr. Warren with compensation to Board of E&R members (not including the County Manager as an alternate) to be set at $75 per session.
VOTE: Aye-5
Nay-0
Proposed Purchase of Excavator
Mr. Rex Buck, Operations Service Director, presented the following bid from James River Equipment, Inc., a State contract vendor, located at 288 Westgate Drive, Wilkesboro, NC 28697, for procurement of a new 2023 John Deere 160P LC FT4 Excavator as listed below:
· John Deere 160P LC FT4 Excavator: $209,000.00
· Rockland 36" 160P Bucket: $6,000.00
· Rockland H Pro Link 160P Thumb: $10,500.00
· FECON 1500 EXC Tree Shear: $28,000.00
· Sales Tax: $17,745.00
· Extended Warranty 60 Months I 4,000 Hours: $3,636.00
Total Cost: $274,881.00
Mr. Buck stated that the excavator would be used on a daily basis. Mr. Buck also requested to surplus a 2017 Hyundai HX160L bucket and thumb attachments as he felt the County would be able to sell the equipment for more than the trade-in value.
Commissioner Russell, seconded by Commissioner Wallin, moved to authorize staff to purchase a 2023 John Deere 160P LC FT4 Excavator with attachments for a total of $274,881.00 from James River Equipment, Inc., and authorize the County to surplus and sell the 2017 Hyundai HX160L bucket and thumb attachments as requested by Mr. Buck.
VOTE: Aye-5
Nay-0
Emergency Services Matters
A. Proposed Amendment to Section XV of the Ambulance Franchise Ordinance Regarding the Membership of the EMS Advisory Board
Mr. Will Holt, Emergency Services Director, presented a proposed amendment to Section XV of the Ambulance Franchise Ordinance. The amendment reflected updated agency names and membership terms to the EMS Advisory Committee and were approved and recommended by the current EMS Advisory Board at their February 2023 meeting.
North Carolina General Statute 153A-46 requires a grant, renewal, extension, or amendment of any franchise to be passed at two regular meetings of the Board of Commissioners before it may be adopted.
Chairman Turnbow tabled this item to the March 7, 2023, meeting to allow time for the Board to review the proposed amendments.
B. Proposed Console Installation Change Order
Mr. Will Holt presented a deductive change order for the installation of new MCC7500e radio consoles at the 911 center. The change order was required due to a misunderstanding by Motorola on installation timeframes for the final equipment. The County would see a $7,272.73 credit.
Commissioner Eggers, seconded by Commissioner Wallin, moved to accept Motorola’s deductive Change Order in the amount of $7,272.73 as presented.
VOTE: Aye-5
Nay-0
C. Proposed Fire Department Contract Revisions
Mr. Will Holt presented the final draft of the 2023 fire contracts with departments serving Watauga County. This was the result of a two-year process of working with fire chiefs to develop the proposed contract. The fire chiefs have approved the contracts as presented. The contract has been reviewed by the County Attorney as well.
Commissioner Eggers, seconded by Commissioner Wallin, moved to accept the fire contracts as presented and for the subsequent contracts to be approved by the respective Fire Department Boards.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Valle Crucis School Amendment to the Professional Services Agreement and Change Order #1
The County Manager requested approval of the amendment to the professional agreement with Clark Nexsen and Change Order #1 which was a deductive change order for the Valle Crucis Elementary School project. By Commissioner request, action was taken on each item separately. The amendments to the Professional Service Agreement with Clark Nexsen would change from the current cost for design services of $2,664,000 to $2,767,525 if both the FF&E and bridge design costs were approved.
County Manager Geouque presented an amendment to Clark Nexsen’s professional agreement for the preparation, management, and bidding process for Furniture, Fixtures and Equipment (FFE) for the new Valle Crucis Elementary School which would include cafeteria equipment and flooring. The amendment would increase the agreement cost by $50,000.
After discussion, Commissioner Russell, seconded by Commissioner Wallin, moved to approve the amendment to the Professional Services Agreement with Clark Nexsen to include the preparation, management, and bidding process for Furniture, Fixtures, and Equipment (FF&E) for the New Valle Crucis School in the amount of $50,000.
VOTE: Aye-5
Nay-0
County Manager Geouque stated that it was discovered that a bridge was needed to eliminate impacting wetlands at the Valle Crucis Elementary School construction site. The additional bridge design cost was $53,525.
Commissioner Wallin, seconded by Commissioner Eggers, moved to approve the amendment to the Professional Services Agreement with Clark Nexsen in the amount of $53,525 for additional bridge design fees.
VOTE: Aye-5
Nay-0
County Manager Geouque presented Change Order #1 with H&M Constructors for the construction of Valle Crucis Elementary School. The Change Order adjusted the construction contract from $47,874,600 to $47,492,589; a reduction of $382,011. The reduction reflected staff and the architect’s efforts to identify value engineering items that reduced the overall cost but did not impact the overall concept and design of the project.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the deductive Change Order # 1 for the construction of Valle Crucis Elementary School which would reduce the amount of the contract by $382,011 bringing the total from $47,874,600 to $47,492,589.
VOTE: Aye-5
Nay-0
B. Proposed Public Event and Tournament Memorial Naming & Memorial Bench Donation Policy
County Manager Geouque presented, per Board direction from the Annual Pre-Budget Retreat held February 9-10, 2023, the proposed Public Event and Tournament Memorial Naming & Memorial Bench Donation Policy for consideration. The policy would replace the County’s existing naming policy.
Commissioner Russell, seconded by Commissioner Wallin, moved to table this item to allow more time to review the proposed policy.
A vote was not taken as Chairman Turnbow tabled the item to a future meeting.
C. Proposed Lease of County Property to Skyline Telephone Membership Corporation
County Manager Geouque stated that Skyline/SkyBest currently leased a .057-acre parcel of land located at the entrance of Watauga High School. The County was the owner of record as the property serves as collateral for the loan the County incurred when the school was built. Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years. Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon a 30-day public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at a future meeting.
However, according to North Carolina General Statue 160A-272 section (c) Notwithstanding subsection (b1) of this section, the council may approve a lease without treating that lease as a sale of property for any of the following reasons:
(1) For the siting and operation of a renewable energy facility, as that term is defined in G.S. 62-133.8(a)(7), for a term up to 25 years.
(2) For the siting and operation of a tower, as that term is defined in G.S. 146-29.2(a)(7), for communication purposes for a term up to 25 years.
(3) For the operation and use of components of a wired or wireless network, for a term up to 25 years; provided, however, that the lease is entered into with a private broadband provider or a cooperative in connection with a grant agreement pursuant to G.S. 143B-1373 and is for a discrete and specific project located in an unserved area of an economically distressed county seeking to provide broadband service to homes, businesses, and community anchor points not currently served.
Skyline/SkyBest has requested the twenty-five (25) year term to continue their expansion to provide coverage to unserved and underserved areas of the County. The Board may adopt the lease with Skyline/SkyBest upon the 30-day public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at a future meeting.
Commissioner Castle, seconded by Commissioner Russell, moved to adopt the resolution as presented with direction to advertise and place the lease on a future agenda for consideration, after the thirty-day notice.
VOTE: Aye-5
Nay-0
D. Announcements
County Manager Geouque announced that the Watauga County Cooperative Extension invited Commissioners to lunch on Tuesday, March 14, 2023, from 11:45 A.M. to 1:00 P.M. for their annual "Report to the People" at the Agricultural Conference Center.
There was no public comment.
Closed Session
At 6:58 P.M., Commissioner Castle, seconded by Commissioner Eggers, 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 Eggers, moved to resume the open meeting at 8:17 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
There was no action after closed session.
Adjourn
Commissioner Wallin, seconded by Commissioner Eggers, moved to adjourn the meeting at 8:17 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board