MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 3, 2023
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, October 3, 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 5:32 P.M. The following were present:
PRESENT: Larry Turnbow, Chairman
Charlie Wallin, Vice-Chairman
Todd Castle, Commissioner
Braxton Eggers, Commissioner
Ray Russell, Commissioner
Anthony di Santi, 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 September 19, 2023, regular minutes and closed session minutes.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the September 19, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the September 19, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the October 3, 2023, agenda.
The addition of a proposed appointment to the Watauga Medical Center Board of Trustees was requested.
Commissioner Castle, seconded by Commissioner Russell, moved to approve the October 3, 2023, agenda as amended.
VOTE: Aye-5
Nay-0
Public Comment
There was no public comment.
Economic Development Commission (EDC) Child Care Study Proposal
Mr. Joe Furman, Chamber of Commerce Economic Development Director, requested to allocate $50,000 from the County Economic Development Capital Reserve Account, which currently contains $461,000, for a study on child care in Watauga County. The County’s EDC Board voted to recommend approval of the funding.
Mr. Furman stated that study would be undertaken by the same team that recently performed a like study in Wilkes County. The purpose was to gather pertinent information from statistical sources and stakeholders, to identify gaps in service, and to make recommendations of action steps to fill the gaps. The study was projected to take seven months to complete. Mr. Furman stated that having such information would be valuable when seeking grants or other funding and in recruiting providers. Private funds were being solicited to help pay for the study as well and, as of September 26, 2023, $2,500.00 had been pledged.
Commissioner Russell, seconded by Commissioner Eggers, moved to allocate funds from the Economic Development Commission (EDC) Capital Reserve Account to pay for the remaining balance needed, up to $50,000, to conduct the study of child care in Watauga County as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Queen/Water Street Parking Matters
A. Request for Exemption from Mini-Brooks Act
Mr. Robert Marsh, Maintenance Director, presented a proposed resolution exempting the County from the quality-based selection process required by the Mini-Brooks Act (N.C.G.S 143-64.3 1). The statute allowed local governments to exempt specific projects from the provisions of the general statute if the estimated fee was less than $50,000. The reason for the requested exemption was the specialty of the scope of services for the project. The architect recommended approval of the exemption for consideration of hiring ECS to provide materials testing and special inspection services. Chairman Turnbow read the resolution.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to adopt the resolution as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
B. Proposed Engineering Services by ECS Southeast, LLP
Mr. Robert Marsh presented a proposal for soils engineering and materials from ECS Southeast, LLC, for an estimated fee of $47,300 for the Water Street Parking Deck Project. ECS was a NC licensed engineering firm specializing in geotechnical investigations and materials testing. The proposal had been reviewed by the project design team and forwarded to the County with a request for approval and to contract with them quickly in order to avoid unnecessary delays in the project schedule. The contract for these services was outside of VPC Builders contract to avoid markup from the contractor and architect. Adequate funds were budgeted in the project fund.
VOTE: Aye-4(Turnbow, Wallin, Castle, Russell)
Nay-1(Eggers)
Parks and Recreation Matters
- Out-of-State Travel Request
Ms. Keron Poteat, Parks and Recreation Director, requested approval for out-of-state travel for Assistant Director, Mr. Craig Lands, who was recently appointed as the Special Olympics Watauga County Coordinator for the Special Olympics North America's Tennis and Pickleball Championships, which will be held in Hilton Head, SC. Other than use of the County van for travel, there would be no budget or financial travel commitment as Special Olympics will provide the rest.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the out-of-state travel.
VOTE: Aye-5
Nay-0
- Community Programming Update
Ms. Keron Poteat, Parks and Recreation Director, updated the Board on programs for the community this fall and winter. Programs include the Year of the Trail Fall Hikes which would take place in October; Senior Road Trips scheduled in October, November, and December; Outdoor movies scheduled in October and December; and the Annual Trunk-or-Treat event scheduled for October 29. This report was given for information only and, therefore, no action was taken.
[Clerk’s Note: Dr. Hamilton was not able to be at the meeting until after a previous commitment. Therefore, the Kill/Chill Matters were heard after closed session.]
Miscellaneous Administrative Matters
A. Proposed Contract Amendment with The Car Park
County Manager Geouque stated that The Car Park (formerly McLaurin) the current parking enforcement for the County, is requesting an increase in their contract. The current rate is $700 per month. They requested an incremental increase over a minimum three-year commitment, with the first year at $3,000/month; the second year at $4,000/month; and $4,250/month in the third year. The County Manager stated that staff has been reviewing other options such as a different provider, hiring a Sheriff’s Deputy, as well as continued negotiations with The Car Park. The County Manager stated that the focus of parking lot monitoring was the Community Recreation Center (CRC) with the Human Services Center and Courthouse Complex lots typically being self-monitored with calls to The Car Park as needed. The County Manager stated that The Car Park employee monitoring the lots was doing his job; however, it was challenging due to the multi-use nature of the lots. For example, those using the pickle ball courts would be allowed to park in the lot but may never actually enter the CRC. The County Manager stated that he had engaged the Sheriff’s Office to see if the Sheriff would be interested in hosting a resource officer at the CRC for traffic parking enforcement. The County Manager stated that the Sheriff’s Office seemed interested; however, Chairman Turnbow stated that he had received mixed signals from the Sheriff’s Office.
Lengthy discussion was held, including the possibility of Appalachian State University (ASU) monitoring parking. County Manager Geouque stated that ASU representatives had informed him that they did not monitor off campus lots. Commissioner Russell stated that perhaps technology could be used to help resolve the issue.
After further discussion, Chairman Turnbow recommended to modify the proposed agreement to give more time to meet with the Sheriff’s Office again and to work on a long-term solution to the County’s parking issues.
By consensus, the Board directed the County Manager to request The Car Park accept a one-year contract at the second-year rate which would allow the Board to work out a solution.
B. Proposed Resolution Establishing the Register of Deeds Salary
County Manager Geouque stated that, per Statute, prior to the filing period for the 2024 fall elections, the Board must establish the salary for the Register of Deeds in order for filing fees to be determined. The County Manager presented a proposed resolution establishing the Register of Deeds’ salary at the entry level on the County’s current pay plan in the amount of $69,417. Commissioner Castle requested the salaries of surrounding County’s Register of Deeds.
Chairman Turnbow read the resolution.
Commissioner Russell, seconded by Commissioner Eggers, moved to adopt the proposed resolution as presented.
VOTE: Aye-5
Nay-0
C. November Meeting Schedule
County Manager Geouque stated that the Commissioners Board Room would be used as a polling site for Election Day on November 7, 2023; therefore, staff recommended cancelling the November 7, 2023 meeting. The second meeting was scheduled for Tuesday, November 21, 2023. Since the meeting was scheduled during Thanksgiving week, staff recommended rescheduling the meeting to Tuesday, November 14, 2023.
Commissioner Castle, seconded by Commissioner Eggers, moved to cancel the November 7, 2023, Board of Commissioners meeting and reschedule the November 21, 2023, Board meeting to Tuesday, November 14, 2023.
VOTE: Aye-5
Nay-0
[Clerk’s Note: After the meeting, a conflict was realized for November 14, 2023. Therefore, the second November meeting date would be placed on the October 17, 2023, agenda for further consideration.]
D. Boards and Commissions
County Manager Geouque presented the following:
Board of Adjustment
The terms of Alyson Browett (Valle Crucis Historic District) and Emily Bish (Alternate), are set to expire in November. Neither Ms. Browett nor Ms. Bish wish to be reappointed. A volunteer application was received from Shelton Wilder who has expressed interest in serving on this Board. This is a first reading and, therefore, no action was required at this time.
Chairman Turnbow tabled consideration of this appointment until a future meeting.
Valle Crucis Historic Preservation Commission (VCHPC)
The Valle Crucis Historic Preservation Commission terms of Dr. Susan Mast and Ms. Heidi Tester expired in September. Dr. Mast and Ms. Tester were both willing to continue to serve if reappointed. A volunteer application was received from Ms. Alyson Browett who was also interested in serving on the VCHPC. Both terms were for three years. These were second readings.
Chairman Turnbow, seconded by Commissioner Russell, moved to reappoint Ms. Heidi Tester and appoint Ms. Alyson Browett, to three-year terms on the Valle Crucis Historic Preservation Commission.
VOTE: Aye-5
Nay-0
Watauga Medical Center Board of Trustees
The Watauga Medical Center, Board of Trustees had a vacancy due to the recent passing of Mr. Kent Tarbutton. The Board of Trustees recently took action and submitted Ms. Cathy Williamson for consideration to fill the unexpired term of Mr. Tarbutton on the Watauga Medical Center Board of Trustees. If appointed, Ms. Williamson’s term would begin immediately and end December 31, 2024.
Chairman Turnbow expressed sympathy on behalf of the Board of Commissioners to Mr. Kent Tarbutton’s family. Commissioner Russell, who sits on the Watauga Medical Center Board of Trustees stated that the Trustees voted unanimously to recommend Ms. Williamson for appointment.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to waive the second reading and appoint Ms. Cathy Williamson to fill the unexpired term of Mr. Kent Tarbutton, on the Watauga Medical Center Board of Trustees with the term to expire on December 31, 2024.
VOTE: Aye-5
Nay-0
E. Announcements
County Manager Geouque announced the following:
· The High Country Council of Governments’ 48th Annual Banquet is scheduled for Friday, October 6, 2023, from 6:00 to 9:00 P.M. in the Grandview Ballroom at The Northwest End Zone, Appalachian State University.
Closed Session
At 6:27 P.M., Vice-Chairman Wallin, 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
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to resume the open meeting at 7:04 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
County Attorney di Santi presented a proposed Non-Warranty Deed from the County to the Association of Co-Owners, Ski Slope 1 Condominium in Beech Mountain, to correct a transfer to the County of the common area of the condominium due to a tax foreclosure a number of years ago. Originally, the property was listed as exempt because it was a common area and titled to First Union National Bank. Mr. di Santi stated that common areas were taxed by appropriation of the value of the common area to the individual condominium units. An owner of one of the units has contracted to sell her unit after the death of her husband, and the fact that the common area was foreclosed incorrectly by the County has caused title issues which the proposed Non-Warranty Deed will resolve.
Commissioner Russell, seconded by Commissioner Castle, moved to approve the Non-Warranty Deed to the Association of Co-Owners, Ski Slope 1 Condominiums as presented by County Attorney di Santi.
VOTE: Aye-5
Nay-0
Kill/Chill Matters
A. Economic Development Administration Grant Award Acceptance
B. Project Update and Proposed Request for Proposals
Dr. Jim Hamilton, Cooperative Extension Director, updated the Board on the progress of the Kill/Chill Project. Dr. Hamilton stated that the County was recently awarded a grant in the amount of $817,558 from the North Carolina Department of Commerce’s Economic Development Administration (EDA). If accepted by the Board, the grant funding would be included in over $4 million in funding for the project. Other funding includes grants from the Gold LEAF Foundation, the NC Tobacco Trust Fund, NC Ag Development Trust Fund, the American Rescue Plan, Opportunity Appalachia, an appropriation from the State Legislature and $500,000 which was pending from the Appalachian Regional Commission. Dr. Hamilton stated that the Town of Boone would be holding a public hearing on October 25, 2023, at which time a formal request would be made to the Town for water/sewer for the project.
Dr. Hamilton presented a proposed Request for Proposals (RFP) for the High Country Kill and Chill Slaughter Plant Management and Operation. Chairman Turnbow requested Dr. Hamilton make a presentation for the County Economic Development Commission (EDC) and stated that local food security was important. Commissioner Russell stated that the RFP was a great idea and asked if holding a public hearing would be a good way to get information out to the public. Commissioner Eggers commended Dr. Hamilton on the fundraising efforts. Dr. Hamilton stated that the Food Hub had sold almost $4 million since starting. Vice-Chairman Wallin stated that the Food Hub was featured by the North Carolina Association of County Commissioners (NCACC) and other counties were observing the program closely.
Chairman Turnbow requested the County Attorney review the RFP and bring it back to the Board for approval. Dr. Hamilton stated that the RFP did include general terms that would guarantee service to local farmers. Commissioner Castle stated that RFP’s contained terms that would require certain things to be compatible. Commissioner Eggers stated that the RFP gives confidence.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to accept the grant from the Department of Commerce’s Economic Development Administration (EDA) in the amount of $817,558.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Castle, seconded by Vice-Chairman Wallin, moved to adjourn the meeting at 7:50 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board