MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 16, 2024
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, January 16, 2024, 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 Vice-Chairman Wallin led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the December 19, 2023, regular minutes and closed session minutes.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the December 19, 2023, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the December 19, 2023, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the January 16, 2024, agenda.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the January 16, 2024, agenda as presented.
VOTE: Aye-5
Nay-0
Public Comment
Ms. Tracy Nestor and Mr. Garney Long, both with Republic Services, advocated for their company to be considered for disposal and hauling of trash for the County.
Request for Support for New Facility on the Watauga Campus of Caldwell Community College & Technical Institute (CCC&TI)
County Manager Geouque, on behalf of Dr. Mark Poarch, Caldwell Community College and Technical Institute President, stated that Caldwell Community College & Technical Institute (CCC&TI) was constructing a new facility on the Watauga Campus.
The construction required the County to provide an overmatch which was currently insufficient for the proposed project. The recommendation was to transfer the overmatch credits from Caldwell County to Watauga. The overmatch would be determined once the bid had been awarded for the project. Future overmatch credits to Watauga would then be assigned to Caldwell until the transfer was repaid. This has been done with previous construction projects on the Watauga Campus of CCC&TI.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the necessary overmatch credits to be transferred from Caldwell County to Watauga County and future overmatch credits to be assigned to Caldwell County until the transfer has been repaid.
VOTE: Aye-5
Nay-0
Watauga County Schools Lottery and Capital Improvement Plan (CIP) Funds Request
Ms. Ly Marze, Watauga County Schools Director of Finance, requested the release of State Education Lottery Funds and the County’s CIP reserve as follows:
|
Lottery Project |
Amount |
|
Carpet & Tile Replacements |
$ 45,000 |
|
Replace Kitchen/Cafeteria Equipment |
65,000 |
|
Gym Floors - Refinishing |
45,000 |
|
Door/Window Replacements |
20,000 |
|
Roof Renovations/Replacements |
100,000 |
|
Pavement Resurface |
80,000 |
|
Electrical Upgrades -MA, HP, PK (R&R funds) |
489,932 |
|
VOiP installation - HP (R&R funds) |
100,000 |
|
CIP Reserves Project |
Amount |
|
Roof Replacement s - GV, PK, HP |
$ 2,000,000 |
|
Central Food Storage Upgrade/Renovation |
25 ,000 |
|
Playground Updates/Renovations |
30,000 |
|
Security Cameras |
25,000 |
|
HVAC/Sewer Pumps |
25,000 |
|
Weight Room Upgrades -WHS |
95,000 |
|
1 : l Devices |
300,000 |
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to release the funds as requested.
VOTE: Aye-5
Nay-0
APP Builds A Home Request for Use of Green Space at Human Services Complex
Ms. Mary Ann Sanders, and Ms. Esme Hernandez with App Builds a Home, and Mr. Alex Hooker, Director of Habitat for Humanity, requested support for their project and for permission to allow the placement of a removable home at the Human Services Building lot located at Poplar Grove Connector.
Ms. Sanders stated that this is a campus wide project and a way for Appalachian State University (AppState) to give back to the community. They will begin working on their sixth house this summer. Ms. Hernandez stated that they are interested in the blitz-build model which has been a Homecoming tradition at Clemson University. Mr. Hooker stated that they had looked at other sites but this one gives flexibility and is a good partnership. Mr. Hooker stated that Habitat for Humanity would be liable and make any repairs needed to the property after the home was moved. Mr. Hooker stated that the home would be moved to the Greenwood community near Green Valley School once ready. The group asks permission to use a portion of the east side of the County’s Human Services Lot along with 6 parking spaces in the Fall of 2024. The timeframe is to be determined as it will be focused around AppState’s Homecoming which has yet to be announced.
Staff has informed the group to obtain an official letter from Blue Ridge Women in Agriculture (BRWIA) stating their willingness to share the space and any permits required by the Town of Boone. A letter of support from BRWIA was presented. County Attorney Capua recommended having a license agreement in place that included terms regarding insurance and liability waivers.
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to approve the request and direct the County Attorney to prepare a license agreement for the use of the property.
VOTE: Aye-5
Nay-0
Project on Aging Adult Services Coalition (ASC) Grant Application and Acceptance Request
Ms. Angie Boitnotte, Project on Aging Director, requested acceptance of a $1,000 grant from the Adult Services Coalition which does not a require a County match. The funds, in conjunction with Senior Center General Purpose Funds, would be used to purchase a NuStep Cross Trainer for the Lois E. Harrill Senior Center’s Exercise Room. The equipment costs approximately $4,700; therefore, Senior Center General Purpose funds would be used to cover the difference.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to accept the $1,000 grant from the Adult Services Coalition.
VOTE: Aye-5
Nay-0
Chiller Replacement Bid Award Request
Mr. Robert Marsh, Maintenance Director, stated that bids were solicited for the replacement of the Courthouse chiller. Only one bid was received therefore, the project was re-advertised after which only one bid was received again. Therefore, Mr. Marsh requested acceptance of the bid from Hickory Sheet Metal in the amount of $175,200 for the replacement of the chiller at the Courthouse. Mr. Marsh further requested that Alternates 1, 2, 3, & 4 of the bid not be accepted. Adequate funds were budgeted to cover the expenditure.
Commissioner Castle, seconded by Commissioner Eggers, moved to accept the base bid for the replacement of the chiller at the Courthouse from Hickory Sheet Metal in the amount of $175,200 which does not include Alternates 1, 2, 3, & 4.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
County Manager Geouque, on behalf of Mr. Larry Warren, Tax Administrator, presented the Tax Collections Report for the month of December 2023. The report was presented for information only and, therefore, no action was required.
B. Refunds and Releases
County Manager Geouque, on behalf of Mr. Larry Warren, Tax Administrator, presented the Refunds and Releases Report for December 2023 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the Refunds and Releases Report for December 2023 as presented.
VOTE: Aye-5
Nay-0
Sanitation Matters
A. Trailer Purchase Request
Mr. Phillip Harrison, Operations Services Manager, requested approval for the purchase of a new 2024 Mac 48-foot Walking Floor Trailer from CRTS, Inc. in the amount of $100,493. Mr. Harrison stated that the trailer would have multiple uses throughout the Department; including the recycling center. Adequate funds have been budgeted to cover this expense.
Mr. Rex Buck, Operations Services Director, joined the discussion held as to the need for a trailer when the County contracts to have trash hauled away.
After discussion, Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the purchase of the new 2024 Mac 48-foot Walking Floor Trailer from CRTS, Inc. in the amount of $100,493.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
B. Disposal and Hauling Contract Renewal Request
The County’s current solid waste disposal and hauling contract is set to expire in 2024. The contract has a five (5) year contract renewal option. Staff surveyed the market and received informal quotes for solid waste disposal and hauling. Mr. Rex Buck, Operation Services Director, stated that after review, he began negotiations and recommend exercising the five (5) year renewal option with Waste Management for disposal and the three (3) year contract with two (2) one (1) year extensions with Custom Ecology Inc. (CEI) for the disposal and hauling of the County’s solid waste.
Commissioner Eggers stated he would have liked for a Request for Proposal (RFP) to have been issued for costs comparison.
After discussion, Commissioner Russell, seconded by Vice-Chairman Wallin, moved to authorize staff to exercise the five (5) year contract renewal with Waste Management and the three (3) year contract with two (2) one (1) year extensions with Custom Ecology Inc. for the disposal and hauling of the County’s solid waste.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
C. Request to Schedule A Public Hearing to Allow Citizen Comment on Proposed Changes to the Solid Waste and Operating Ordinance
Mr. Rex Buck stated that, per Commissioner direction, staff consolidated the Solid Waste and Operations Ordinances into one document. Mr. Buck presented changes/additions which included the addition of the following definitions:
33. Multiple Family Residential
36. Municipal Solid Waste Collector
48. Residential Waste
49. Resident
55. Transfer Station
57. Solid Waste Collector
Further changes include the addition of:
4) The landfill tipping user fee shall be assessed, to all remaining users at a rate established by the Budget Ordinance as measured by weight, at the County disposal facility.
5) The landfill tipping user fee waiver will be established through the Budget Ordinance, for all private single-family detached homes and duplex residential users, as measured by weight at the County disposal facility.
6) The landfill tipping user fee waiver applies to residents possessing a valid North Carolina Division of Motor Vehicles Driver’s License or Real Identification Card as verified, by County staff, at the County disposal facility.
7) Within 60 days of moving within Watauga County, residents must update their physical address with the North Carolina Division of Motor Vehicles and obtain a duplicate North Carolina Division of Motor Vehicles Driver’s License or Real Identification Card.
7) TIPPING FEE WAIVER POLICY
8) The County Manager may waive the tipping user fee for debris created by not-for-profit organizations and as a result of fire to a primary homeowner’s residence. A not-for-profit organization or property owner who has created debris or experienced a fire loss may apply directly to the County Manager.
Eligibility is based on:
a) Memorandum of purpose by the not-for-profit entity and proof of not-for-profit status.
b) Statement by property owner of no insurance coverage for debris removal and income below the current County median as established by the US Department of Housing and Urban Development.
c) Documentation in the form of the prior year’s tax return is required. In the absence of a tax return a notarized statement, by the not-for-profit or property owner that no tax return was required the previous year, is acceptable.
Tipping user fee may be waived by the County Manager on a case-by-case basis for a period not to exceed one-week and debris volumes not to exceed a total amount of 20 tons.
With the changes staff has reinstated the ability for residents with a valid North Carolina Division of Motor Vehicles Driver’s License or Real Identification Card as verified, by County staff, to utilize the 2,000 pounds tonnage waiver Monday through Saturday. Commissioner Castle stated that he wished it could be sooner to help citizens with Spring clean-up. Mr. Buck stated that it could be done faster than the proposed effective date of July 1, 2024. Chairman Turnbow asked that staff and the County Manager work toward getting staff trained.
Staff is requesting the Board schedule a public hearing for February 6, 2024, to seek public comment. The introduction of the ordinance at the January 16, 2024, Commissioners’ Meeting shall serve as the first reading and the February 6, 2024 Commissioners’ Meeting shall serve as the second reading and therefore; available for adoption depending on public input, if the Board so desired.
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to schedule a public hearing on February 6, 2024, at 5:30 P.M. to allow for citizen comment on the proposed combination of the Solid Waste Ordinance and the Solid Waste Operations Ordinance and the changes associated with the combination of the ordinances.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Budget Amendments
County Manager Geouque, who also serves as Deputy Finance Director, presented the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
|
|
|
|
|
103300-345000 |
ROAP Grant |
|
$194,986 |
|
104500-469845 |
Elderly and Disabled |
$75,433 |
|
|
104500-469844 |
Employment Transportation |
$16,434 |
|
|
104500-469843 |
Rural General Populations |
$103,119 |
|
|
|
|
|
|
|
The amendment recognized the acceptance of the NCDOT Rural Operating Assistance Program (ROAP) funds, FY 2024 Final Distribution as approved at the September 19, 2023, Board meeting. |
|||
|
|
|||
|
103300-332006 |
Senior Health Insurance Information Program (SHIIP) Grant |
|
$8,310 |
|
105550-449901 |
SHIIP Grant Expenses |
$8,310 |
|
|
|
|
|
|
|
The amendment recognized the acceptance of Senior Health Insurance Information Program (SHIIP) grant funds which required no County match and as approved at the December 5, 2023, Board meeting. |
|||
|
|
|
|
|
|
523839-384000 |
Hunger Coalition/Hannah Roof |
|
$85,725 |
|
526150-525402 |
Hannah Roof Expenses |
$85,725 |
|
|
|
|
|
|
|
The amendment recognized additional billed amounts to the Hunger Coalition for the Hannah Building Roof. |
|||
|
|
|
|
|
Commissioner Russell, seconded by Commissioner Eggers, moved to approve the budget amendments as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Recognition of Grant Funding
County Manager Geouque requested the acceptance of two (2) grants from the Office of State Budget Management (OSBM) in the amount of $1,000,000 and $2,000,000.
Commissioner Castle, seconded by Commissioner Eggers, moved to accept the grants as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. The Car Park Group, LLC, Contract Extension
County Manager Geouque stated that The Car Park, the current parking enforcement for the County, had requested an increase in their contract. The current rate was $700 per month. They are requesting 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.
A contract was negotiated with a one-year term at the first-year rate of $3,000 with The Car Park. Discussion was held regarding the issue of parking, students using County facilities for parking, and the increase in cost of the contract. The County Manager stated that the one-year contract was to allow the County time to work on a solution.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to accept the contract with The Car Park as negotiated at a rate of $3,000 for one (1) year with for parking enforcement at County facilities.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
D. Brookshire Road Property Contracts with Modulus and Tise-Kiester Architects
County Manager Geouque stated that at the November 21, 2023, Board meeting, a proposed contract was presented 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. However, the County Attorney stated that he did not advise approving these contracts as they included limits of liability. The County Attorney has reviewed the contracts further and has now approved their adoption. County Attorney Capua stated that no contract is risk free and the questions regarding the contracts had been reviewed and Ms. Capua stated that they met her approval.
Vice-Chairman Wallin, seconded by Commissioner Russell, 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.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
E. Boards and Commissions
County Manager Geouque presented the following:
Watauga County Planning Board
The four (4) year At-large Planning Board term of Ms. Kimmy Tiedemann expired in December. Ms. Tiedemann did not wish to be reappointed. A Volunteer Application was received from Mr. Matt Vincent who expressed interest in serving on the Planning Board. This was the second reading.
Commissioner Russell, seconded by Commissioner Eggers, moved to appoint Mr. Matt Vincent to serve on the Planning Board for a four (4) year term.
VOTE: Aye-5
Nay-0
F. Announcements
There were no announcements.
At 7:12 P.M., Vice-Chairman Wallin, seconded by Commissioner Castle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters – G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Wallin, seconded by Commissioner Castle, moved to resume the open meeting at 8:21 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Eggers, seconded by Commissioner Castle, moved to adjourn the meeting at 8:21 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board