MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, DECEMBER 1, 2015
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 1, 2015, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Jimmy Hodges, Chairman
David Blust, Vice-Chairman
Billy Kennedy, Commissioner
John Welch, Commissioner
Perry Yates, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Hodges called the meeting to order at 8:33 A.M.
Approval of Minutes
Chairman Hodges called for additions and/or corrections to the November 17, 2015, regular meeting and closed session minutes.
The following statement was recommended to be added under Commissioner Discussion regarding the Health Department issue for the regular meeting minutes:
Commissioner Kennedy stated that even though several complaints had been received regarding environmental services; health services were provided by the Health Department with very little complaint.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the November 17, 2015, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the November 17, 2015, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Board Organizational Matters
The meeting was turned over to County Manager Geouque for the election of the Chairman of the Watauga County Board of Commissioners.
A. Election of Officers
County Manager Geouque called for nominations for Chairman of the Watauga County Board of Commissioners.
Vice-Chairman Blust, seconded by Commissioner Yates, moved to nominate Commissioner Hodges for Chairman.
VOTE: Aye-5
Nay-0
The meeting was then turned over to Chairman Hodges.
Chairman Hodges called for nominations for Vice-Chairman of the Watauga County Board of Commissioners.
Commissioner Yates, seconded by Chairman Hodges, moved to nominate Commissioner Blust for Vice-Chairman.
VOTE: Aye-5
Nay-0
B. Staff Appointments
Commissioner Kennedy, seconded by Commissioner Yates, moved to reappoint Deron Geouque as the County Manager.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to reappoint Anita Fogle as Clerk to the Board.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to reappoint both Monica Harrison and Tammy Adams as Substitute Clerks to the Board.
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Yates, moved to appoint Eggers, Eggers, Eggers, and Eggers as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services and their Child Support Enforcement Offices and to authorize the County Attorney to engage legal services from other attorneys, at the County rate, to assist in cases where there is a conflict of interest in regards to social services and tax foreclosures.
VOTE: Aye-5
Nay-0
C. Fidelity Bonds.
The following individual fidelity bonds were presented for approval:
Position Bond Amount Statutory Requirement
Finance Director $50,000 No less than $50,000, per NCGS 159-29
Deputy Finance Director/ $50,000
County Manager
Tax Collector $50,000 Amount considered reasonable
by BCC, NCGS 105-349-c
Register of Deeds $50,000 At least $10,000 but no more
than $50,000, NCGS 161-4
Sheriff $25,000 Amount considered reasonable by BCC,
but no more than $25,000 max, NCGS 162-8
Commissioner Kennedy, seconded by Commissioner Welch, moved to approve the individual fidelity bonds as presented and the Chairman to the Board of Commissioners, County Manager, and Finance Director as signors for the County’s Banking Accounts.
VOTE: Aye-5
Nay-0
D. Commissioner Appointments to Boards & Commissions
The following Commissioner Board appointments were made by Chairman Hodges:
|
Board/Commission |
Member |
|
Appalachian District Health Department |
Yates |
|
Appalachian Theatre Board of Trustees Ex-Officio Member |
Kennedy |
|
AppalCART Authority |
Blust |
|
Blue Ridge Resource Conservation & Development Area |
Blust |
|
Caldwell Community College &Technical Institute - Watauga Advisory Board |
Welch |
|
Children’s Council/Child Protection Team |
Kennedy |
|
Cooperative Extension Advisory Leadership Board |
Yates |
|
Economic Development Commission (EDC) |
Yates |
|
Educational Planning Committee (2 appointees) |
Blust & Welch |
|
EMS Advisory Committee |
Kennedy |
|
High Country Council of Governments Executive Board Rural Transportation Advisory Committee |
Hodges |
|
Juvenile Crime Prevention Council (JCPC) |
Welch |
|
Library Board |
Kennedy |
|
Motor Vehicle Valuation Review Committee |
Welch |
|
New River Service Authority Board |
Hodges |
|
POA Advisory Committee (Home & Community Care Block Grant) |
Kennedy |
|
Sheriff’s Office Liaison |
Kennedy |
|
Smoky Mountain Center County Commissioner Advisory Board |
Kennedy |
|
Social Services Advisory Board |
Hodges |
|
Watauga County Fire Commission |
Yates |
|
Watauga County Personnel Advisory Committee |
Hodges |
|
Watauga County Recreation Commission |
Welch |
|
Watauga Medical Center Board of Trustees |
Hodges |
|
Watauga Opportunities, Inc. |
Blust |
|
Workforce Development Board (WDB) |
Chairman |
Commissioner Yates, seconded by Commissioner Welch, moved to accept the appointments as made by Chairman Hodges.
VOTE: Aye-5
Nay-0
E. Regular Meeting Schedule
Chairman Hodges stated that the Board of Commissioners’ regular meetings were currently scheduled for the first Tuesday of each month at 8:30 A.M. and the third Tuesday of each month at 5:30 P.M.
Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to retain the regular meeting schedule for the Watauga County Board of Commissioners as follows: the first Tuesday of each month at 8:30 A.M. and the third Tuesday of each month at 5:30 P.M.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Hodges called for additions and/or corrections to the December 1, 2015, agenda.
Commissioner Kennedy, seconded by Commissioner Yates, moved to approve the December 1, 2015, agenda as presented.
VOTE: Aye-5
Nay-0
Presentation of Fiscal Year 2015 Audit
Ms. Misty Watson, CPA, PA, presented the Fiscal Year 2015 County audit. The County’s financial position remains strong due to the direction provided by the Commissioners and through execution of that direction by County staff. Below are some of the financial highlights:
v The total assets of the County exceeded its liabilities at the close of the fiscal year by $128,858,190.
v The County’s unassigned fund balance for the general fund was $18,192,063 at the end of the year, representing 38.99% of total General Fund expenditures. This is an increase of $1,443,552 in the unassigned fund balance from the previous year.
v The collection rate for property taxes was 98.37% which was an increase from last year’s 98.02%. The County is still above the statewide average of 97.23% in 2014.
v Outstanding debt principal decreased by $5,002,291. Total outstanding debt principal at June 30, 2015 is $47,273,471. Watauga County’s legal debt limit is $658,298,987 so the County continues to be well below the state limits.
v No material weaknesses were found in the County’s accounting systems or internal controls.
The audit was presented for information only; however, staff requested the transfer of a $1,443,552 increase in the unassigned fund balance to the Capital Project Fund for future County needs. Ms. Watson also presented the fiscal year 2016 audit contract in the amount of $37,000. Funds have been budgeted to cover the expenditure.
County Manager Geouque stated that he would be drafting a letter to Todd Volunteer Fire Department requesting they take appropriate action to tighten their fiscal accountability.
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the fiscal year 2016 contract with Ms. Misty Watson, CPA, PA in the amount of $37,000.
VOTE: Aye-5
Nay-0
Vice-Chairman Blust, seconded by Commissioner Kennedy, moved to approve the transfer of the $1,443,552 increase in the unassigned fund balance to the Capital Project Fund for future County projects.
VOTE: Aye-5
Nay-0
Blue Ridge Conservancy Request for Watauga River Access
Mr. Eric Hiegl with Blue Ridge Conservancy (BRC) presented an update and request on the Guy Ford River Access. Blue Ridge Conservancy is in the process of acquiring a 2.3 acre parcel on the Watauga River. This acquisition would complement the nearby Upper Watauga Gorge Park and American Whitewater Tester Road Accesses. Mr. Hiegl stated that they had received $25,000 from the Tennessee Valley Authority and $25,000 from the Watauga County TDA to be used toward the purchase of the property. BRC is continuing to raise funds for the purchase. BRC is not requesting direct funds from the County; however, once the property is acquired, the BRC requests the transfer of the property to the County.
Discussion was held regarding future maintenance costs associated with a County-owned property.
Commissioner Kennedy, seconded by Commissioner Welch, moved to accept the future donation from Blue Ridge Conservancy for the Guy Ford River Access once the purchase of the 2.3 acre parcel is complete.
VOTE: Aye-5
Nay-0
Discussion Regarding Panhandling Ordinance
Sheriff Hagaman presented information regarding a potential panhandling ordinance. Discussion was held regarding the various ways that panhandling could be managed. County Attorney Eggers stated that panhandling could not be banned but could be regulated. The County Attorney also stated that, if permits were included as a solution, the County would be protected against liability under governmental immunity. The County Attorney also stated that if a penalty was established; it could be a monetary fine or a misdemeanor with a citation or arrest.
After lengthy discussion, the Board agreed, by consensus, to direct the County Attorney and Sheriff to work together to draft an ordinance regulating panhandling within the County for future consideration.
Presentation of Project on Aging’s Annual Report
Ms. Angie Boitnotte, Project on Aging Director, presented the annual comprehensive evaluation of the agency’s operations and policies as required by the NC Division of Health Service Regulation.
Commissioner Yates, seconded by Commissioner Welch, moved to accept the annual report as presented.
VOTE: Aye-5
Nay-0
Proposed Contract for License Plate Agency
On behalf of Mr. Larry Warren, Tax Administrator, who was in Jury Duty; County Manager Geouque presented a new contract and standard operating procedures (SOP) manual for the License Plate Agency operated by the County. The new contract and SOP is due to the revisions made by the NCDMV. The current LPA is classified as a Tier I and will more than likely advance to a Tier II designation due to transaction volume. Tier II has a total transaction volume of 50,001 to 100,000. There would be little to no change in Tier I to Tier II status as the County is currently meeting the standards and requirements for Tier II.
Commissioner Yates, seconded by Commissioner Welch, moved to approve the LPA contract and Standard Operating Procedures Manual as presented.
VOTE: Aye-4(Hodges, Blust, Welch, Yates)
Nay-1(Kennedy)
Miscellaneous Administrative Matters
A. January’s Meeting Schedule
County Manager Geouque stated that the Board has traditionally cancelled one of the meetings in either December or January depending on how the holidays have fallen. Due to where Christmas and New Year fall this year, staff would recommend the Board cancel the first meeting in January as there would be insufficient time to prepare the Board packets. Historically, December and the first weeks in January have few issues requiring Board action.
Commissioner Kennedy, seconded by Commissioner Welch, moved to cancel the January 5, 2016, regular Board meeting.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
B. Announcements
County Manager Geouque announced the following:
· The Annual County Christmas Luncheon, scheduled on Tuesday, December 8, 2015, will be held at Dan’l Boone Inn from 11:45 A.M. to 2:00 P.M.
· The Register of Deeds staff invites you to join them for holiday goodies on Monday, December 14, 2015, from 2:00 - 4:00 P.M. in the Land Records Office.
Public Comment
There was no public comment.
Closed Session
At 10:09 A.M., Commissioner Kennedy, seconded by Commissioner Welch, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Kennedy, seconded by Commissioner Welch, moved to resume the open meeting at 10:41 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Welch, seconded by Commissioner Yates, moved to adjourn the meeting at 10:41 A.M.
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board