MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 4, 2023
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, April 4, 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 5:30 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 Castle opened with a prayer and Commissioner Eggers led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the March 21, 2023, regular and closed session minutes.
Commissioner Eggers, seconded by Commissioner Wallin, moved to approve the March 21, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Wallin, moved to approve the March 21, 2023, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the April 4, 2023, agenda.
Commissioner Eggers requested to add a Solid Waste Plan and Community Appearance discussion as Item F under Miscellaneous Administrative Matters.
Commissioner Wallin, seconded by Commissioner Castle, moved to approve the April 4, 2023, agenda as amended.
VOTE: Aye-5
Nay-0
Proposed Resolution in Memory of Our Fallen Officers
Chairman Turnbow, in conjunction with the designation of April 24, 2023 through April 30, 2023 as First Responder Wellness Week, presented a proposed resolution in memory of our fallen officers. The resolution requested citizens, businesses, nonprofits, and state and local governments observe a moment of remembrance on April 26, 2023.
Chairman Turnbow read the resolution.
Commissioner Wallin, seconded by Commissioner Castle, moved to adopt the resolution in memory of our fallen officers as presented by Chairman Turnbow.
VOTE: Aye-5
Nay-0
Support Letter with NC DHHS and General Assembly Proposal for a Statewide DSS Child & Family Specialty Waiver
Chairman Turnbow stated that the North Carolina Department of Health and Human Services (NCDHHS) proposed placing children in the DSS In-Home and Foster Care System, their caregivers and siblings into a single state-wide Medicaid Health Plan, instead of their assignments now with Vaya Health and other LME/MCO's across the State. Under the change, social services departments would lose their local relationship and connection with Vaya Health, along with the Vaya staff embedded in their departments, and contacts with local Vaya staff who support them in troubleshooting and problem solving on cases.
Chairman Turnbow read a proposed letter in support of Vaya.
Mr. Tom Hughes, Director of Social Services, stated that there was a lot that didn’t meet the eye but that he did sign a similar letter of support and defended his reasoning for doing so. Mr. Hughes shared how Vaya currently had to determine the level of care a child needing more care than a foster home environment would provide. Because of this, there have been instances where a child has had to stay at the DSS Office overnight while awaiting a placement. This happened three times over the past year in Watauga County requiring a Social Worker to remain with the child 24/7 while waiting for the placement. Progress had been made, but there remained a backlog for facilities/homes that provide level II and III care. Since being held accountable, there haven’t been children sleeping in the hallways.
Mr. Hughes stated that a lot of progress had been made; however, there remained a lot to be made. Mr. Hughes stated that the support letters were written by Vaya supporting Vaya but he signed his because it was the best option as the hope was to help Vaya become what they need to become.
County Attorney Capua stated that the letter mentioned two major changes but was not clear enough. Commissioner Russell stated that he would like to strike the words “quickly” and “remarkable.” He also stated that there was urgency to get the letter sent in as the proposed changes had passed in the Senate and were in the Rule Committee in the House of Representatives. Mr. Hughes suggested the ending of the letter include wording recognizing improvements but encouraging more improvements.
After discussion, Commissioner Russell, seconded by Commissioner Wallin, moved to direct County Attorney Capua to amend the support letter by removing the words “quickly” and “remarkable” (in regards to Vaya’s improvements) and to reword the closing with the sentiment that Vaya made improvements and would work to make further improvements; and to direct staff to send the letter to Secretary Kinsely.
VOTE: Aye-5
Nay-0
Proposed Amendments to the Voluntary Farmland Preservation Program Ordinance
Mr. Kelly Coffey, Watauga County Farmland Preservation Advisory Board Chair, presented proposed required amendments to the Voluntary Farmland Preservation Program Ordinance to reflect the changes made by the North Carolina General Assembly. The Farmland Preservation Advisory Board approved the recommended amendments to be submitted to the Board of Commissioners for final adoption.
Commissioner Eggers, seconded by Commissioner Wallin, moved to adopt the recommended amendments as presented.
VOTE: Aye-5
Nay-0
Support Letter for Economic Development Administration Grant for Kill Chill Project
Mr. Kelly Coffey stated that, as a Senior Planner at High Country Council of Governments, he was assisting Mr. Jim Hamilton, Cooperative Extension Director, with grant applications for the Kill Chill project.
Mr. Coffey requested authorization to submit applications for Economic Development Administration (EDA) and Appalachian Regional Commission (ARC) grants in the combined amounts of $600,000 for the Kill Chill facility. There were matching funds associated with these grants which would be covered via previous grant commitments. The grant required a $517,558 match which would come from $500,000 that the County currently has designated for the project. The remaining match would come from additional grants the County had already been awarded.
Mr. Coffey stated that these grants would concentrate on the water/sewer infrastructure for the proposed facility and provided the below breakout of proposed funding for that portion of the project:
Economic Development Administration (EDA) pending $250,000
Appalachian Regional Commission (ARC) due April 17 $300,000
Watauga County (approved) $500,000
Goldenleaf (awarded) or other grant in-hand $17,558
Total $1,067,558
As the grant application was due prior to the Board meeting, the County Manager presented a letter that was sent in support of the application. Mr. Coffey stated that the EDA would not process the application until other funding was approved but would accept the good faith commitment via the letter the County Manager had submitted.
Commissioner Castle asked when the $500,000 was approved and County Manager Geouque stated that it originated as American Rescue Plan Act (ARPA) funds but was considered as revenue replacement and therefore the County could utilize the funds however it liked. Mr. Geouque stated that it was approved approximately one to two years ago.
Discussion was held regarding the County’s commitment of tax payer dollars for the project. County Manager Geouque stated that if the Board was not inclined to apply for the grants, the County could withdraw the application or reject the grants if awarded at a future date.
After discussion concerning the County’s commitment to cover required match funds, the last paragraph of the letter was revised as below:
“In the event that the ARC grant application is not awarded, Watauga County hereby commits County Goldenleaf funds to cover the required match for EDA and certifies that the funds are available as needed, and not conditioned or encumbered in any way that would preclude their use for the project.”
Commissioner Castle, seconded by Commissioner Eggers, moved to authorize the submittal of the grant and the required match as well as the amended letter to be signed by the County Manager which specified Goldenleaf funds would be used to cover the required match, if necessary.
VOTE: Aye-5
Nay-0
Proposed Proclamation Establishing “Greening My Plate” Month
Ms. Courtney Wheeler, with Blue Ridge Women in Agriculture, and Ms. Margie Mansure, with Cooperative Extension, requested the month of April 2023 be proclaimed as “Greening My Plate Month.” The purpose of the proclamation was to bring awareness to the benefits of locally grown fruits and vegetables and recognize and celebrate the farmers who provide this produce.
Chairman Turnbow read the proclamation.
Commissioner Wallin, seconded by Commissioner Russell, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
Request to Apply for A Rural Transformation Grant
Mr. Joe Furman, Economic Development Director for the Boone Area Chamber of Commerce, requested permission to apply for a Rural Transformation Grant through the County. The funds would be used to pay for preliminary engineering for a presumed multi-family housing project to be located on the County-owned Brookshire Road property. The work would complement the agreement between the County and the UNC-Development Finance Initiative. Mr. Furman stated that the award could be up to $950,000 but he did not anticipate the costs would be that much.
After brief discussion, Commissioner Russell, seconded by Commissioner Castle, moved to authorize Mr. Joe Furman and Dr. Kellie Ashcraft to submit the application for the Rural Transformation Grant.
VOTE: Aye-5
Nay-0
Bid Award Request for Sealing and Striping Parking Lots
Mr. Robert Marsh, Maintenance Director, presented the following bids received for sealing and striping parking lots.
Bidder Amount
Carolina Pavement Care No Response
CACTX Surfaces $62,200
Carolina Sealing and Striping No Response
Carolina Pavement Technology $48,479
Main And main Paving No Response
Champion Paving No Response
RAM Pavement No Response
Williams Sealcoating No Response
Hickory Sealing and Striping No Response
Mr. Marsh requested the bid be awarded to Carolina Pavement Technology in the amount of $48,479 for sealing and striping County parking lots. Carolina Pavement Technology was the lowest responsive bidder.
The Humane Society was included in the bid to provide the benefit of the County volume discount and accounts for 14.8% of the overall project. Staff estimated the cost at approximately $7,175 but had requested a formal amount from the contractor. The Humane Society would be billed for their portion if they so choose to participate. The County Manager added that, if the Humane Society did not want to pave their lot, that amount would be subtracted from the bid.
Commissioner Russell, seconded by Chairman Turnbow, moved to award the bid to Carolina Pavement Technology in the amount of $48,479 with the Humane Society to be responsible for their portion of the project.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. RTI International Proposal for “Watauga County Groundwater Vulnerability Assessment and Planning Tool”
County Manager Geouque stated that an update to the well study that was compiled in 2010/2011 was recently completed. As part of the plan to research and understand water resources in the County, the next step in the process was to assess and develop a planning tool for groundwater vulnerability.
The County Manager presented a proposal provided by RTI International in the amount of $149,370 to develop a groundwater vulnerability assessment and planning tool.
Chairman Turnbow stated that the understanding was that the County would not be building water facilities but the updated information would lend to better understand the effects of future high impact land development to the area and the runoff capacity would be known.
The Chairman stated that the County could ask the Tourism Development Authority for assistance in funding the study as the information received may be helpful to them as well or request the High Country Council of Governments to search for grants that may cover the costs.
Discussion was held regarding the need for the study.
Chairman Turnbow tabled future discussion to allow staff to invite RTI representatives to give a presentation to the Board at a future meeting to determine how useful the information would be.
B. Proposed Public Event and Tournament Memorial Naming & Memorial Bench Donation Policy
County Manager Geouque presented, per Board direction from the Annual Retreat held February 9th and 10th, the proposed Public Event and Tournament Memorial Naming & Memorial Bench Donation Policy for Board consideration. The policy would replace the County’s existing naming policy.
Commissioner Russell shared concerns that the new policy would replace the old. Concerns included the removal of the ability to name rooms and facilities as it could inhibit the Library, for example, in raising funds for their future expansion. County Attorney Capua stated that the proposed policy allowed the Board of Commissioners the power to waive or modify any requirement of the policy as they deemed appropriate on a case-by-case basis.
Commissioner Wallin, seconded by Commissioner Russell, moved to direct staff to further study and rewrite the policy to better suit the needs.
County Manager Geouque stated that more information was needed.
Commissioner Russell shared that he had sent suggestions to Counsel as Commissioners were asked to do and Counsel was supposed to share with all Board members. Commissioner Russell also suggested the use of a committee to review all request for naming as a first contact.
County Attorney Capua stated that she had not been involved in creating the draft policy but would be happy to help. Ms. Capua requested that all Commissioners send their thoughts on the matter and she would work with staff to take all concerns into a new draft to present at a future meeting.
After discussion, the following vote was taken on the above motion by Commissioner Wallin as seconded by Commissioner Russell:
VOTE: Aye-5
Nay-0
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. 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, 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.
The County Manager stated that Skyline/SkyBest had 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, if so desired, as the required 30-day public notice of the proposed lease has been held.
County Attorney Capua asked if this lease would replace the current lease which was set to expire in 2027. County Manager Geouque stated that, yes, it would.
Commissioner Eggers, seconded by Commissioner Castle, moved to terminate the current lease and adopt the proposed lease as presented.
VOTE: Aye-5
Nay-0
D. Boards and Commissions
County Manager Geouque presented the following:
Jury Commission
Biannually, a Jury Commission was empaneled for a two-year term. Of the three-member panel, one member was appointed by the Board of Commissioners. The current term was set to expire June 30, 2023. The new term for the appointment was July 1, 2023, through June 30, 2025.
Assistant Clerk of Court Stephanie Dalton recommended Mr. Thomas Redmond, retired from the Boone Police Department, be appointed to fill the position. This was a first reading and, therefore, no action was required at this time.
Commissioner Eggers, seconded by Commissioner Wallin, moved to waive the second reading and appoint Mr. Thomas Redmond to serve on the Jury Commission from July 1, 2023, until June 30, 2025.
VOTE: Aye-5
Nay-0
E. Announcements
County Manager Geouque announced that the Board of Equalization and Review had added the meeting date of May 24, 2023, from 9:00 A.M. to 5:00 P.M. to its schedule.
F. Solid Waste Plan and Community Appearance
In order to promote and improve community appearance, as well as convenience to the citizens, Commissioner Eggers requested discussion and possible action on allowing citizens to use their disposal allocation during the week as well as on Saturday. This would avoid long lines and backlogs on Saturday, which were regular and frequent occurrences. Additionally, it would encourage citizens to dispose of their solid waste in the proper location, rather than becoming trash along the sides of the road.
Commissioner Eggers added that dumping at the transfer station was free to citizens on Saturdays but there were some who aren’t able to come on Saturdays and therefore, he felt it would be a benefit to all citizens to be able to utilize their free 2000 pounds during the week.
Commissioner Castle stated that he had been contacted by half a dozen people in the past few weeks as it was brush clean up time. Commissioner Castle stated that he had met with Mr. Rex Buck, Operation Services Director; however, no action requests had been brought to the Board.
Chairman Turnbow stated that it was a good and valid point. The Chairman stated that taxpayers pay for the waste but also use it for disposing of trash at the container sites.
Commissioner Eggers stated that taxes have gone up over the past twelve years and citizens do pay a green box fee but all citizens can’t come on Saturdays.
Commissioner Wallin stated that he had been approached as well and was open to the transfer station being available to citizens for free disposal two to three days a week. He felt it was worth a discussion.
County Manager Geouque stated that the County no longer had a landfill and, therefore, had to pay to transfer and dispose to haul the disposals. Mr. Geouque stated that citizens do get 2000 pounds of free disposal (at the container sites and transfer station). Mr. Geouque stated that getting the number of those calling about the issue compared to those who utilize the free disposal would be helpful. The County Manager encouraged Commissioners to go by the transfer station on a Saturday to monitor the lines.
Commissioner Eggers stated that there was an issue with trash being dumped on the side of the road. The County Manager stated that has been an ongoing issue even before hours were changed at the transfer station.
Commissioner Castle suggested cutting hours on Saturday and Sunday to allow for weekday hours.
Commissioner Russell stated that, if the reason for changing the hours to Saturday for citizens was because of commercial use during the week, perhaps technology could be utilized to help differentiate between private and commercial use.
Mr. Buck stated that scale house attendants were being asked to enforce the commercial vs. residential use. Mr. Buck stated that the vast majority of citizens did not use their 2000 pounds. Mr. Buck also stated that tipping fees would be increased to all citizens, not just those utilizing the service and the removal costs had been more than the $80 fee per dwelling for many years. Mr. Buck stated that 25% of the free disposals were coming from the container sites. Mr. Buck also stated that the department was run as an enterprise fund.
After discussion, Commissioner Eggers, seconded by Commissioner Russell, moved to direct County Manager Geouque and Mr. Rex Buck to study the costs to the County to offer citizens free transfer station disposal from 1 up to 5 weekdays; also, the costs to cut hours on Saturday or Sunday; and to research to see if technology was available to cut down on fraudulent use.
VOTE: Aye-5
Nay-0
Public Comment
The following spoke in support of moving the public comment period to the beginning of future Board of Commissioners agendas: Moriah Cox, Sarah Davis, Kayla Dillard, Kyle Sigmon, Alana Baird, Brielle Kaluzny; Benjamin Hyler, Olive Burress, Chan Houck, and Justin Haber. Eric Plaag also spoke making the same request and adding that a public comment period should be held at all BCC meetings, not just regular meetings.
After brief Commissioner discussion, Chairman Turnbow requested staff add discussion of the Public Comment Policy to the beginning of the April 18, 2023, agenda.
Closed Session
At 8:15 P.M., Commissioner Wallin, seconded by Commissioner Castle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Land Acquisition, per G. S. 143-318.11(a)(5)(i), and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Eggers, moved to resume the open meeting at 9:36 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Commissioner Eggers, moved to adjourn the meeting at 9:36 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board