MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 21, 2023
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, November 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 5:31 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
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Vice-Chairman Wallin opened with a prayer and Commissioner Russell led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the October 17, 2023, regular minutes and closed session minutes.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the October 17, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the October 17, 2023, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the November 21, 2023, agenda.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to approve the November 21, 2023, agenda as presented.
VOTE: Aye-5
Nay-0
Public Comment
There was no public comment.
Public Hearing to Allow Public Comment on the Proposed Construction of A High Country Kill and Chill Slaughter Plant
A public hearing was scheduled to allow public comment on the proposed High Country Kill and Chill slaughter facility.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to open the public hearing at 5:34 P.M.
VOTE: Aye-5
Nay-0
Mr. Bob Shipley stated that the material in the Board packet from Dr. Jim Hamilton covered what he would have shared.
Mr. Gray Shipley stated that Mr. Kelly Coffey, Regional Planner at High Country Council of Governments, had suggested calling the project the Watauga Livestock Harvest Center in place of the Kill/Chill project.
As there were no other comments, Vice-Chairman Wallin, seconded by Commissioner Russell, moved to close the public hearing at 5:36 P.M.
VOTE: Aye-5
Nay-0
Kill/Chill Matters
A. Update on Project
Dr. Jim Hamilton, Cooperative Extension Director, reviewed the update he provided at the October 3, 2023, meeting and stated that the Request for Proposals (RFP) for the High Country Kill and Chill Slaughter Plant Management and Operation was posted on the County’s website with RFP’s due on December 29, 2023. Dr. Hamilton also announced that water and sewer was approved by the Town of Boone, without annexation, on October 25, 2023. Dr. Hamilton stated that in the near future a bid award would be presented for the design/build phase of the project.
The update was for information only; therefore, no action was required.
B. Proposed Contract with McGill & Associates for Permit Modification
Dr. Hamilton presented a proposal from McGill & Associates for the permit modification required to allow for the placement and construction of the Kill/Chill facility at the landfill location. The proposal was in the amount of $35,000 and, per Dr. Hamilton, would be paid from grant monies received for the Kill/Chill project.
County Attorney di Santi advised not to approve the contract with limits on liability of $50,000 included in the contract.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to accept McGill & Associates proposal to modify the existing landfill permit in the amount of $35,000 contingent upon the limited liability clause being adjusted and approved by the County Attorney.
VOTE: Aye-5
Nay-0
C. Proposed Contract with Mattern & Craig for Water/Sewer System Engineering, Design, & Permitting
Dr. Hamilton presented a proposed contract with Mattern & Craig for design, engineering, permitting, and construction administration for the water and sewer system for the Kill/Chill facility. The contract was in the amount of $137,500 and per Dr. Hamilton, would be paid from grant monies received for the Kill/Chill project.
County Attorney di Santi advised not to approve the contract with limits on liability of $50,000 included in the contract.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to accept Mattern & Craig’s proposal for design, engineering, permitting, and construction administration for the water and sewer system for the Kill/Chill facility contingent upon the limited liability clause being adjusted and approved by the County Attorney.
VOTE: Aye-5
Nay-0
Proposed Resolution to Direct the Expenditure of Opioid Settlement Funds
Ms. Linsey Sullivan with AppHealthCare, stated that the Board previously adopted a resolution per the opioid settlement agreement. However, the County was recently notified that further action was required to comply with the Memorandum of Agreement (MOA) governing opioid settlement funds. Ms. Sullivan presented a new resolution that states in a more specific way the amount of opioid settlement funds dedicated to each funded strategy. Once adopted, the resolution will be forwarded to CORE-NC.
Commissioner Russell, seconded by Commissioner Eggers, moved to resolution as presented by Ms. Sullivan.
VOTE: Aye-5
Nay-0
Vaya Update
Mr. Dustin Burleson, Community Relations Regional Director, gave the following update on VAYA Health matters:
· 2023-2025 General Assembly Budget directed NCDHHS to reduce LME/MCOs to no more than 5 and no fewer than 4.
· Secretary Kody Kinsley directed the dissolution of Sandhills LME/MCO with Rockingham County being assigned to Vaya Health. Partners and Alliance will each be assigned a County.
· Secretary Kinsley assigned remaining Counties to Eastpointe and directed a consolidation of Eastpoint with Trillium LME/MCO.
· As the Secretary provides more information, Vaya Health will update partners on timing of this process.
· Tailored Plan “go live” no later than July 1, 2024.
· Consolidated Innovations Waiver waitlist dashboard released – based on county of residence not eligibility.
· https://medicaid.ncdhhs.gov/reports/dashboards/innovations-waitlist-dashboard
· Ongoing issues with Tailored Care Management roll-out • Medicaid Expansion meetings have started- “Go Live” on December 1, 2023.
· Medicaid Expansion Toolkit: North Carolina Expands Medicaid | NC Medicaid (ncdhhs.gov).
· 91 Anticipated TP members from Watauga County .
· The Healthy Opportunities “Go Live is February 1, 2023.
· Innovations Waiver amendment not submitted timely – App. K flexibilities were supposed to end Nov. 11, 2023.
Mr. Burleson also gave updates on the Child Welfare Continuum and Benchmarks Pathways to Permanency.
County Manager Geouque asked who advocates for the “kids on couches” situation not to happen. Mr. Burleson stated that it was not a quick fix as it involved complex kids and beds were filled and often time the kids were not discharged once admitted which did not free up beds. Unfortunately, those children sometimes were in short-term custody of DSS staff while a facility was being found. Commissioner Russell stated that these were difficult circumstances that were not fair to anyone, especially the child. The report was for information only; therefore, no action was required.
Project Updates from New River Conservancy
Ms. Katie Krogmeier, Restoration Director for the New River Conservancy, updated the Board on the following projects:
The Boone Creek Temple Restoration project’s total funding was $748,938 with $258,150 from NC Land & Water Fund, $200,000 from NC DEQ Division of Water Resources Grant, and $200,000 from DWR. The Conservancy will be applying for additional funding in February 2024. Volunteers will also work to plant trees and shrubs.
The Green Valley Park project’s total funding was $202,700 with $43,000 from NC Land & Water Fund, $61,550 from NC DEQ Division of Water Resources, $50,000 from CCAP, $61,500 from CCAP, and $48,150 from other sources. The Conservancy was still looking for funding sources for the last $48,000.
The South Fork Confluence project’s total funding was $806,400 with $653,500 from NC Land & Water Fund, $41,400 from Town of Boone, and $653,000 from the NCLWF. The Conservancy was working with contractors and stakeholders to plan for implementation. Volunteers also helped plant trees and shrubs with this project.
Ms. Krogmeier stated that she would share updates on the Hardin Creek (Kraut Creek) and Middle Fork Section 1B projects at a future meeting. The report was for information only; therefore, no action was required.
EMS Facility Update
Mr. Chad Roberson and Mr. Xander Ellenbogen, Architects with Clark Nexsen, provided an update on the design development documents for the EMS facility.
Mr. Roberson shared that the facility would house the Watauga County Emergency Services Offices, Emergency Operations Center, an EMS Station, a State-of-the-Art Emergency Communications Center, as well as record storage. Mr. Roberson reviewed the floorplan and the project schedule which included a construction documents phase through May 2024 and bidding between May and June 2024 with construction to begin in July 2024 and projected to be complete in October 2025. Mr. Roberson stated that the project was within its $14.5 million budget.
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to approve proceeding forward with the construction documents phase.
VOTE: Aye-5
Nay-0
Middle Fork Greenway Tweetsie Underpass Project Change Order Request
Ms. Wendy Patoprsty, Director of the Middle Fork Greenway, presented a proposed change order in the amount of $5,880. The change order was to install temporary erosion control measures. Funding for the project would come from Middle Fork Greenway and Tourism Development Authority (TDA).
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the change order in the amount of $5,880 for the MFG Tweetsie Underpass Project.
VOTE: Aye-5
Nay-0
UNC SOG – DFI Report
County Manager Geouque presented a proposed contract with Modulus, PLLC for preliminary geotechnical evaluation for the proposed workforce housing at the 16.3-acre Brookshire Site. The cost of the service is $9,840. In addition, the County Manager also requested the execution of a contract in the amount of $16,400 for architectural design and documentation with Tise–Kiester Architects. If approved, the project would remain under the $50,000 previously approved threshold.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the contracts with Modulus, PLLC and Tise–Kiester Architects for preliminary geotechnical evaluation and architectural services in the amounts of $9,840 and $16,400, respectively.
County Attorney di Santi stated that he did not advise approving these contracts as they included limits of liability.
The County Manager stated that the contract was for preliminary designs and questioned what liability there would be. County Attorney di Santi stated that the insurance amount needed clarifying.
Commissioner Russell and Vice-Chairman Wallin withdrew the motion and second. Chairman Turnbow tabled consideration of the contracts to allow the County Attorney to obtain the information needed for approval.
Tax Matters
A. Monthly Collections Report
Mr. Larry Warren, Tax Administrator, presented the Tax Collections Report for the month of October 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 October 2023 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to approve the Refunds and Releases Report for October 2023 as presented.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Appointment of the Watauga County Finance Director
County Manager Geouque stated that, per North Carolina General Statute 159-24, the County was required to appoint a Finance Director. The County Manager requested the appointment of Ms. Lauren Taylor as the County’s new Finance Director. Ms. Taylor’s hire date was scheduled for November 28, 2023.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to appoint Ms. Lauren Taylor as the Watauga County Finance Director effective November 28, 2023.
VOTE: Aye-5
Nay-0
B. Proposed Utility Easement & Agreement for Installation of Underground Service for EMS Facility Project
County Manager Geouque presented, as part of the development of the new Watauga Emergency Services Facility, a proposed utility easement for underground service with Blue Ridge Energy. The County Manager stated that this was a standard request regarding development. County Attorney di Santi stated that he had reviewed the easement and pointed out to make sure the underground utilities portion was initialed.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the utility easement for underground utilities as presented.
VOTE: Aye-5
Nay-0
C. Proposed Town of Boone Easement for the Parking Deck Project
County Manager Geouque presented, as part of the development for the new County Parking Deck, a proposed permanent sidewalk easement with the Town of Boone. County Attorney di Santi drafted the easement which would allow for the sidewalk easement and a footing easement for the County to place steel supports under Queen Street for load bearing walls.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the easement with the Town of Boone for the County Parking Deck as presented.
VOTE: Aye-5
Nay-0
D. Proposed Inmate Catastrophic Insurance Contract
County Manager Geouque presented a proposed contract renewal with Sirius America Insurance for catastrophic insurance for inmates housed in the County Jail. The insurance shields the County from large medical claims that occur while inmates are being housed in the Watauga County Jail.
The current contract expiration date was December 1, 2023. The proposed renewal for catastrophic insurance coverage is in the amount of $21,696.48 with a $5,000 deductible. Adequate funds were available to cover the contracted cost.
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the contract renewal with Sirius America Insurance for catastrophic insurance coverage for $21,696.48 with a $5,000 deductible.
VOTE: Aye-5
Nay-0
E. Request for Proposal (RFP) Recommendation for Position Classification and Pay Plan Study
County Manager Geouque stated that requests were solicited to conduct a Position Classification and Pay Plan Study and were due October 27, 2023. The County received seven proposals which were reviewed by the County Manager and Human Resources Staff. The proposals received ranged in cost from $38,500 to $90,000.
After a thorough and extensive review, staff recommended Piedmont Triad Regional Council with a cost of $38,500 for the Position Classification and Pay Plan Study. Staff recommended a project budget not to exceed $50,000 to include the stated fee of $38,500 and fees for any additional professional services not specified in the scope of work, as may be required to successfully complete the Position Classification and Pay Plan Study for Watauga County. Adequate funds have been budgeted to cover the expense.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to accept Piedmont Triad Regional Council’s proposal of $38,500 to conduct a Position Classification and Pay Plan Study with a project budget of $50,000.
VOTE: Aye-5
Nay-0
F. Announcements
County Manager Geouque announced that the Annual Employee Christmas Lunch would be held at Dan’l Boone Inn on Tuesday, December 12, 2023, from 11:30 A.M. to 2:00 P.M. The first lunch group begins at 11:30 A.M. and the second lunch group begins at 1:00 P.M.
Closed Session
At 6:54 P.M., Vice-Chairman Wallin, seconded by Commissioner Russell, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
Commissioner Eggers stated that he didn’t see how a proposed resolution regarding proposed changes to the way in which commissioners are elected by the citizens of Watauga County in the closed session packets could be discussed in closed session as it was general policy action. County Attorney Capua stated that there were implementation issues on the new election legislation that could result in litigation.
VOTE: Aye-5
Nay-0
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to resume the open meeting at 8:19 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
Chairman Turnbow stated that the Board had discussed Senate Bill 759 and Commissioners were given different options by the County Attorney. Senate Bill 759 is “An Act to Establish Election Districts for the Watauga County Board of Commissioners to Establish Residency Districts for the Anson County Board of Commissioners; and to Modify the Primary Process the Johnston County Board of Education.”
The Chairman stated that he wanted to make clear that the Commissioners received notification of the Bill when staff sent an email to all Commissioners and that Senator Hise, nor anyone in Raleigh, had given a heads up regarding the Bill. Each Commissioner stated that they had not been contacted.
County Attorney Capua stated that the implementation process was not clear in Bill 759 for the Watauga County Commissioners. Ms. Capua reviewed the following options for the Board to consider:
Option 1: approach Senator Hise or the Legislature and ask for the Bill to be amended to clarify
Option 2: file a declaratory action having a Judge rule as only the court can say how to interpret
Option 3: take a change with implementation and see if it is challenged
Option 4: adopt a resolution changing districts which would require a referendum which could not be accomplished for the 2024 election but could for the 2026 election
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to direct the County Attorney to file a declaratory action in a court of competent jurisdiction and if necessary include an extension of the filing period for the 2024 election.
Commissioner Eggers asked about G.S. 153A-22 and County Attorney Capua stated that the declaratory action was to ask the Judge for clarification to interpret the ambiguities in the Statute.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
Adjourn
Vice-Chairman Wallin, seconded by Commissioner Castle, moved to adjourn the meeting at 8:36 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board