MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 4, 2017
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, April 4, 2017, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Larry Turnbow, Commissioner
Jimmy Hodges, Commissioner
Perry Yates, Commissioner
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Welch called the meeting to order at 8:32 A.M.
Commissioner Yates opened with prayer and Commissioner Hodges led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the March 21, 2017, regular and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the March 21, 2017, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the March 21, 2017, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the April 4, 2017, agenda.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the April 4, 2017, agenda as presented.
VOTE: Aye-5
Nay-0
Lottery Funds Request
Ms. Ly Marze, Director of Finance for Watauga County Schools, requested funds from the Education Lottery Fund in the amount of $60,000. The funds will be used for a VOIP Phone and Bell System at Bethel Elementary School.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the request of a $60,000 Lottery Distribution from the Public School Building Capital Fund.
VOTE: Aye-5
Nay-0
Proposed Proclamation Establishing Greening My Plate Month
Mr. Bill Moretz presented a proposed proclamation designating the month of April 2017 as “Greening My Plate Month” in Watauga County. The purpose of the proclamation is to bring awareness to the benefits of locally grown fruits and vegetables and recognize and celebrate the farmers who provide this produce.
Commissioner Yates, seconded by Commissioner Hodges, moved to proclaim April 2017 as “Greening My Plate Month” in Watauga County.
VOTE: Aye-5
Nay-0
Proposed Proclamation Designating April 2017 as “Sexual Assault Awareness Month”
Ms. Jennifer Herman, OASIS Executive Director, introduced Ms. Kelsi Butler, Director of Community Programs, who presented a proposed proclamation designating the month of April 2017 as “Sexual Assault Awareness Month” in Watauga County. The purpose of the proclamation is to increase the public’s awareness on the issue of sexual violence as well as services available to support those impacted along with acknowledging the efforts of citizens, service providers, governmental agencies, and the criminal justice system who work to improve prevention efforts, serve survivors, and hold perpetrators accountable.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to proclaim April 2017 as “Sexual Assault Awareness Month” in Watauga County.
VOTE: Aye-5
Nay-0
Proposed Proclamation Designating April 8, 2017, as Watauga County Family S.T.E.A.M. Learning Day
Ms. Kathy Parham, Children’s Playhouse Executive Director, presented a proposed proclamation designating April 8, 2017, as “Watauga County Family S.T.E.A.M. Learning Day.” The proposed proclamation celebrates parents and children learning together at the upcoming Playhouse BuildFest, a free community event to be held at Watauga High School on Saturday, April 8th. The 4th annual Playhouse BuildFest, which is a featured event of the North Carolina Science Festival, will feature hands-on Science, Technology, Engineering, Art, and Math (STEAM) activities, a fire engine, and a physics show. Ms. Parham stated that 1,200 people attended the event last year which was staffed by over 200 volunteers.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to proclaim April 8, 2017, as “Watauga County Family S.T.E.A.M. Learning Day.”
VOTE: Aye-5
Nay-0
Presentation of Watauga County Community Child Protection Team’s (CCPT) Annual Report and Appointment of Members for 2017
Ms. Gail Hawkinson presented the annual reports for the Watauga County Community Child Protection Team (CCPT) and the Watauga County Child Fatality Team (CFT). Ms. Hawkinson also presented the following list of the team members for 2017:
County Director of DSS Tom Hughes
Member of the DSS Director’s staff Chad Slagle
Local Law Enforcement Officer Dee Rominger
Attorney from Office of the District Attorney Vacant
Community Action Agency Director Robin Triplett (Children’s Council)
Superintendent (Designee) of School Admin Dr. Paul Holden
Mental Health (LME) Karen Brown
Member of Board of DSS (Commissioner) Billy Kennedy
Guardian Ad Litem Coordinator McKenzie Kilpatrick
Local Health Care Provider Dr. Robert Lonas
Director of Public Health (Designee) LeAnn Martin
Members at large
Chair, Retired MH Psychologist Gail Hawkinson
OASIS (Community Action Agency) Jeannie Futrelle
Appalachian HealthCare (AARHC) Kim Greene
Mental Health Provider (Daymark) Dr. Murray Hawkinson
Watauga County Schools Megan Langdon
The CCPT is tasked with reducing the acts of abuse and violence against children in the County and the CFT is tasked with reviewing fatalities in the County.
The Community Child Protection Team (CCPT) is mandated by G. S. 7B-1406 and consists of a body of dedicated and concerned citizens representing agencies, organizations and the community at-large that functions, as a group, independently to address child protection and reduction of abuse and violence in the county. The team is responsible for reviewing policies, procedures and practices of our local Department of Social Services (DSS) in order to protect families; assist in the protection of children living in the family that is being reviewed; and evaluate the extent to which the agencies are effectively discharging their obligation to serve children responsibly.
The Watauga Child Fatality Team (CFT) meets once a quarter as part of the CCPT meeting schedule. There were seven child deaths reviewed by the Team in 2016. The recommendations from the Watauga CFT, generated from the deaths reviewed, include increase education and awareness around motor vehicle safety, education regarding gun safety, and screening for depression in children and teens.
Commissioner Hodges, seconded by Commissioner Turnbow, moved to approve the Community Child Protection Team and Child Fatality Team Annual Reports and approved the 2017 membership list as presented.
VOTE: Aye-5
Nay-0
Blue Ridge Women In Agriculture Request for Use of County Space
Ms. Carol Coulter, Blue Ridge Women in Agriculture (BRWIA), requested approval for BRWIA to use the current Board of Elections storage space located in the Cooperative Extension Building to expand Food Hub operations. If granted the space, Ms. Coulter plans to apply for an Appalachian Regional Commission (ARC) grant in the amount of $100,000 for up-fitting the space. Should the Board grant Ms. Coulter’s request, staff will review alternate storage location options for the Board of Elections equipment.
Ms. Coulter also reported that BRWIA’s online market place website would be live soon which would allow citizens to place orders to be pre-boxed for pickup.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to approve Blue Ridge Women in Agriculture’s request to use additional space in the West Annex Building.
VOTE: Aye-5
Nay-0
Proposed Community Pride Week Proclamation
Ms. Pamela Thomas, Recycling Coordinator, presented a proposed proclamation designating Monday, May 8 through Saturday, May 13, 2017, as “Community Pride Week” in Watauga County. Household Hazardous Waste Day will be held during the Community Pride Week on Saturday, May 13, 2017 from 8:00 AM to 12:00 PM. The event is conducted each year by Sanitation staff and has proved to be very popular with the County's citizens. Ms. Thomas stated that Wes Hawkins with the Sheriff’s Office will also be collecting unused medications, prescription or over-the-counter, at the three local Food Lion locations as well as Foscoe Fire Department on Saturday, May 13, 2017.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to proclaim the week of May 8 through May 13, 2017, as “Community Pride Week” in Watauga County.
VOTE: Aye-5
Nay-0
Request to Hold A Public Hearing Regarding A Foscoe/Grandfather Community Zoning Map Amendment
Mr. Joe Furman, Planning and Inspections Director, requested a public hearing be scheduled on April 18, 2017, at 5:30 P.M. to allow comment on the presentation of a Foscoe-Grandfather Community Zoning Map Amendment by FS Holdings, Ltd on a 2.44 acre tract currently zoned Highway Commercial. The request is to rezone the property to Light Industrial. Due to timing issues, the public hearing has been advertised; however, should the Board not schedule the hearing the advertisement could be rescinded.
Commissioner Turnbow, seconded by Commissioner Yates, moved to schedule a public hearing on April 18, 2017, at 5:30 P.M. to allow citizen comment on a Foscoe-Grandfather Community Zoning Map Amendment as presented.
VOTE: Aye-5
Nay-0
Finance Matters
A. Budget Amendments
Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
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233991-399101 |
Fund Balance Appropriation |
|
$2,000 |
|
234310-454000 |
Capital Outlay – Vehicles |
$2,000 |
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The amendment recognized additional revenue for a vehicle purchase by the Sheriff’s Office as approved by the Board at the March 7, 2017, meeting. The funds are from the State Substance Abuse Tax Fund. |
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103300-349909 |
NC Lottery Funds |
|
$127,500 |
|
105911-470005 |
Cafeteria Upgrades |
$52,500 |
|
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105911-470027 |
Blowing Rock School Drainage Repairs |
$75,000 |
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The amendment allocates funds for Lottery projects as requested by the Watauga County Schools and approved by the Board and the North Carolina Department of Public Instruction. |
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103586-332006 |
Senior Health Insurance Information Program |
|
$1,792 |
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105550-449901 |
SHIIP/MIPPA Grant |
$1,792 |
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The amendment recognized the acceptance of the Senior Health Insurance Information Program (SHIIP) Medicare Improvements for Patients and Providers Act (MIPPA) Grant funds, per Board approval at the March 21, 2017, meeting. No County funds are required as match. |
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Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the budget amendments as presented by Ms. Pierce.
VOTE: Aye-5
Nay-0
B. Proposed Actuarial Contracts for FY 2017 & FY 2018
Ms. Margaret Pierce presented two proposed contracts with Segal Company, Inc.; each for actuarial services. The County is required to perform actuarial studies on Other Post Employment Benefits (OPEB) and the Law Enforcement Special Separation Allowance (LEOSSA) funds. Segal Company will provide actuarial studies in the amount of $24,500 and $18,500 respectively, over the next two-year audit period. Adequate funds have been budgeted to cover the expense.
Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the contracts with Segal Company for actuarial services regarding Other Post Employment Benefits (OPEB) and Law Enforcement Special Separation Allowance (LEOSSA) funds in the amount of $43,000 for the next two audit periods.
VOTE: Aye-5
Nay-0
Report on Maymead Board of Adjustment Appeal
County Attorney Capua, gave an update regarding the Maymead Board of Adjustment appeal. Ms. Capua stated that she, along with County Attorney di Santi, had spoken with other attorneys involved in the case including Mr. Dave Pokela, Mr. Jamie Whitlock, and former County Attorney Stacy “Four” Eggers. All agreed that the County does not have legal options if not satisfied with the ruling in the County’s favor. The County does not have a standing to appeal the Henion’s appeal because only an aggrieved party can appeal. The Henion’s filed their appeal against the Watauga County Board of Adjustment. Watauga County won at the Superior Court level and, therefore, is not an aggrieved party.
Miscellaneous Administrative Matters
A. Boards and Commissions
Jury Commission
County Manager Geouque stated that a Jury Commission is empanelled biannually for a two-year term. Of the three-member panel, one member is appointed by the Board of Commissioners. The term of Mr. Jerry Dotson expires June 30, 2017. The new term for the appointment will be July 1, 2017, through June 30, 2019. Clerk of Court Diane Deal has stated that Mr. Dotson is willing to continue to serve if so appointed.
Commissioner Yates, seconded by Commissioner Turnbow, moved to waive the second reading and reappoint Mr. Jerry Dotson to the Jury Commission for a term beginning July 1, 2017, and ending June 30, 2019.
VOTE: Aye-5
Nay-0
B. Announcements
County Manager Geouque announced the following:
· The Boone Area Outdoor Recreation Summit will be held, Thursday, April 6, 2017, at Harvest House located at 247 Boone Heights Drive. A Social will be held from 5:00 P.M. – 6:00 P.M. and the Program will be held from 6:00 P.M. – 8:30 P.M.
· The Children’s Playhouse BuildFest will be held Saturday, April 8, 2017, from 10:00 A.M. to 2:00 P.M. at Watauga High School.
· A State of the Child Forum with the themes of Childhood Trauma and Trauma Informed Communities is scheduled for Friday May 5, 2017, from 8:00 A.M. until 4:30 P.M. at Boone United Methodist Church. The opening Keynote Speaker will be Dr. George "Tripp" Ake, a licensed psychologist who specializes in trauma and trauma treatment. Please see the attached email for more information.
· The FY 2018 Proposed Budget will be presented at the May 2, 2017, Board meeting. Budget Work Sessions have been scheduled Thursday, May 4, 2017, from 10:00 A.M. to 5:00 P.M. and Monday, May 8, 2017, from 12:00 P.M. to 7:00 P.M. to review the Proposed Budget.
Public Comment
Ms. Susie Winters requested the Board either not file a brief opposing the Henion’s appeal of the Maymead Asphalt Plant Board of Adjustment ruling or file a brief supporting the Henion’s cause.
Ms. Anne Ward asked the Board to consider Ms. Winters’ request.
Mr. Roger Wright stated that he had worked with the County Manager by representing two clients in regards to the old high school property. Mr. Wright stated that the property needed to be developed to keep from losing sales tax money.
Closed Session
At 9:28 A.M., Commissioner Hodges, seconded by Commissioner Turnbow, 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 Yates, seconded by Commissioner Turnbow, moved to resume the open meeting at 10:12 A.M.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to recuse Chairman Welch and Commissioner Yates from the remainder of the meeting. Chairman Welch works for Appalachian State University, and Commissioner Yates is related to the owner of Templeton Properties, both of which have made offers on the old high school property.
VOTE: Aye-5
Nay-0
Closed Session (continued)
At 10:15 A.M., Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to reenter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-3(Kennedy, Hodges, Turnbow)
Nay-0
Recused-2(Welch, Yates)
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 10:54 A.M.
VOTE: Aye-3(Kennedy, Hodges, Turnbow)
Nay-0
Recused-2(Welch, Yates)
Possible Action After Closed Session
County Attorney Capua stated that the Board had received two contracts for the purchase of the County-owned old high school property. One was governmental and one from a private entity. The Governmental contact was more flexible and the Board could enter into that agreement without going through an upset bid process which was required when selling to a private entity.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to accept Appalachian State University’s Agreement for Purchase and Sale of Real and Personal Property for a total amount of $18,319,000 to Watauga County in the form of $15,500,000 in cash and the County to receive the ASU-owned old Lowes Hardware property on State Farm Road which is valued at $2,819,000.
Prior to the vote, Commissioner Hodges stated that he had reservations, not against Appalachian State University, but he had suggested the Board go back to each offer and ask for their final and best offer before making a decision.
Vice-Chairman Kennedy stated that the contracts would have to be disclosed and that would create an unfair advantage to others over the two offers received.
County Attorney Capua stated that there was no legal basis to keep the offers private.
VOTE: Aye-2(Kennedy, Turnbow)
Nay-1(Hodges)
Recused-2(Welch, Yates)
Vice-Chairman Kennedy recognized Appalachian State University Chancellor, Sheri Everts, stating that the County looked forward to working with ASU and looked forward to building a Recreation Center (which would be at the location of the old Lowes Hardware property on State Farm Road).
Chancellor Everts stated that ASU had a long standing tradition of working with local government and the purchase and transfer of property would enhance both the County and Appalachian State University. The Chancellor thanked the Board and stated that she looked forward to more opportunities.
Adjourn
Commissioner Turnbow, seconded by Commissioner Hodges, moved to adjourn the meeting at 11:10 A.M.
John Welch, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board