WATAUGA COUNTY

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

MONDAY, DECEMBER 5, 2017

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 5, 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

                                                Jimmy Hodges, Commissioner

                                                Larry Turnbow, Commissioner

Perry Yates, Commissioner

Anthony di Santi, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 8:34 A.M.

 

Commissioner Yates opened the meeting with a prayer and Vice-Chairman Kennedy led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the November 21, 2017, regular meeting and closed session minutes. 

 

The following correction was presented:

 

Commissioner Hodges opened the meeting with a prayer and Commissioner Turnbow Vice-Chairman Kennedy led the Pledge of Allegiance.

 

Vice-Chairman Kennedy, seconded by Chairman Welch, moved to approve the November 21, 2017, regular meeting minutes as amended.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Chairman Welch, moved to approve the November 21, 2017, 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.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to nominate Commissioner Welch for Chairman.

 

VOTE:  Aye-5

             Nay-0

 

The meeting was then turned over to Chairman Welch.

 

Chairman Welch called for nominations for Vice-Chairman of the Watauga County Board of Commissioners.

 

Commissioner Turnbow, seconded by Commissioner Hodges, moved to nominate Commissioner Kennedy for Vice-Chairman.

 

VOTE:  Aye-5

             Nay-0

B.  Staff Appointments

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to reappoint Deron Geouque as the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to reappoint Anita Fogle as Clerk to the Board.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to reappoint both Monica Harrison and Tammy Adams as Substitute Clerks to the Board.

 

VOTE:  Aye-5

             Nay-0

 

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to reappoint di Santi, Watson, Capua, Wilson, & Garrett as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services and the Child Support Enforcement Offices with rates to remain as current.

 

VOTE:  Aye-5

             Nay-0

 

[Clerk’s Note:  The current rate for legal services by the County Attorney is $125.00 per hour.]

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

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the individual fidelity bonds as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the Finance Director, County Manager, and Chairman of the Board of Commissioners as the authorized signers for disbursements on all County accounts and to approve additional signers and Deputy Finance Officers, on the Inmate Commissary account only, as Juanita Miller, James Sharpe, Barry Trivette, and Michael Brown and to approved the official depositories of the County as  First National Bank, BB&T Bank, First Citizens Bank, Great State Bank, PNC Bank, and Wells Fargo Bank.

VOTE:  Aye-5

             Nay-0

 

D.  Commissioner Appointments to Boards & Commissions

The following are the current Commissioner Board appointments:

 

 

Commissioner Yates, seconded by Commissioner Hodges, moved to accept the appointments as currently seated.

 

VOTE:  Aye-5

             Nay-0

 

 

E.  Regular Meeting Schedule

Chairman Welch 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 Yates, seconded by Vice-Chairman Kennedy, 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 Welch called for additions and/or corrections to the December 5, 2017, agenda.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the December 5, 2017, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

Presentation of Fiscal Year 2017 Audit

Ms. Misty Watson presented the Fiscal Year 2017 County audit. As will be evident by the audit, the County continues to remain financially strong with prudent, fiscally, and conservative management. 

 

Below are key financial highlights:

 

• The total assets of the County exceeded its liabilities at the close of the fiscal year by $144,372,548.

 

• The County’s unassigned fund balance for the general fund was $22,104,565 at the end of the year, representing 45.55% of total General Fund expenditures. This is an increase of $496,615 in the unassigned fund balance from the previous year.

 

• The current year collection rate for property taxes was 98.90% which was an increase from last year’s 98.76%. The County is still well above the statewide average of 97.82% for entities of similar populations in fiscal year 2015-16.

 

• Outstanding debt principal decreased by $4,082,361. Total outstanding debt principal at June 30, 2017 is $39,073,749. Watauga County’s legal debt limit is $681,830,754 so the County continues to be well below the state limits.

 

• Moody’s Investor Services updated their review of the County’s financials and reported the County is in a very healthy financial position.

 

County Manager Geouque stated that due to a successful fiscal year and an increase in the unassigned fund balance, staff recommends the transfer of the $496,615 increase in the unassigned fund balance along with an additional $5,000,000 from the unassigned fund balance to the Recreation and Community Center Capital Project to potentially reduce the loan amount, cover escalation costs, or provide for additional features.  The proposed reduction to the unassigned fund balance would reduce the unassigned percentage to 34.36% or four months working capital.  The statewide average unassigned fund balance for counties of a comparable size in fiscal year 2015-16 was 31.57% and the State requirement is 8%.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to accept the Fiscal Year 2017 Audit and to approve the transfer of the $496,615 increase along with an additional $5,000,000 from the unassigned fund balance to the Recreation and Community Center Capital Project.

 

VOTE:  Aye-5

             Nay-0

Community Care Clinic Report

Ms. Lisa Bottomley, the new Executive Director for the Community Care Clinic, introduced herself and thanked the Board for supporting the clinic.  Ms. Bottomley stated that she looked forward to working with the Board.  The report was for information only; therefore no action was required.

Consideration of Proposed Amendments to the Ordinance to Regulate Subdivisions and Multi-Unit Structures

In January of 2017 the Board requested the Planning Board review the Ordinance to Govern Subdivisions and Multi-Unit Structures.  The Planning Board presented the recommended changes to the Commissioners and a public hearing was conducted on May 16, 2017.  After completion of the public hearing the Board recommended the Planning Board further consider the amendments and the questions raised during the public hearing.  The Planning Board’s revised proposal was presented for Board consideration and the decision was made to conduct another public hearing to consider the additional changes.  That public hearing was held on September 19, 2017.  Action has not been taken since that public hearing.  With all commissioners present at this meeting, consideration was requested.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adopt the Ordinance to Govern Subdivision and Multi-Unit Structures as presented.

 

Prior to the vote, each Commissioner shared their thoughts regarding the proposed amendments after which the following vote was taken:

 

VOTE:  Aye-3(Welch, Kennedy, Turnbow)

             Nay-2(Hodges, Yates)

Proposed Audit Contract for FY 2017-2018

Ms. Margaret Pierce, Finance Director, presented a proposed contract with Misty Watson, CPA, PA in the amount of $45,000 for audit services for FY 2017-18.  This is an increase of $8,000.  The increase can be attributed to the State Auditor requiring additional work pertaining to the Department of Social Services.  Further, the current rate has been in effect for the past three (3) years.  Ms. Watson continues to provide exceptional service along with counseling and advice outside the scope of the contract at no additional charge.  The $45,000 annual rate will be locked in for a five year timeframe as well.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to accept the five-year lock on rates and the contract with Misty Watson, CPA, PA in the amount of $45,000 for audit services for FY 2017-18.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  Sheriff’s Office Requested Award to Retiring Officer

County Manager Geouque stated that G.S. 20-187.2 allows governing bodies of a law enforcement agency to award a retiring member the service side arm at a price determined by the governing body.  Law enforcement personnel may retire at age 55 with 25 years of credible service with full retirement benefits.

 

County Manager Geouque stated that Deputy Barry Adams is retiring December 31, 2017, and that he has personally known Barry for over five (5) years and would say that he embodies the definition of a public servant.  He served over 29 years with the United States Army after which he joined the North Carolina Highway Patrol. Upon retiring from the Highway Patrol with over 24 years of service and receiving the prestigious Order of the Longleaf Pine award, Barry chose the Watauga County Sheriff’s Office for his next employment opportunity.

 

After thirty-six (36) years of service in law enforcement, Barry will once again retire. Watauga is truly grateful for Barry’s years of service to our country, state, and county.  The Sheriff’s Office requests that Barry’s respective side arm and badge be awarded to him upon his retirement and that the Board set the price of the side arm at $1. 

 

Commissioner Yates, seconded by Commissioner Turnbow moved to award Deputy Adams with his side arm and badge upon his retirement and to set the price of the side arm at $1.

 

VOTE:  Aye-5

             Nay-0

B.  Proposed Resolution Establishing the Sheriff’s Salary

County Manager Geouque stated that per Statute, prior to the filing period for the fall 2018 elections, the Board must establish the salary for the Sheriff in order for filing fees to be determined as listed in the draft resolution.  The entry level salary on the County’s current pay plan is $70,672.

 

Commissioner Yates, seconded by Commissioner Hodges, moved to adopt the resolution setting the annual salary for the office of the Sheriff at $70,672.

 

VOTE:  Aye-5

             Nay-0

C.  January’s Meeting Schedule

County Manager Geouque stated that the Board has traditionally cancelled one of the meetings in December or January depending on how the holidays have fallen.  Due to where Christmas and New Year fall during the week, 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 Turnbow, seconded by Commissioner Yates, moved to cancel the January 2, 2018, regular meeting.

 

VOTE:  Aye-5

             Nay-0

D.  Boards and Commissions

County Manager Geouque presented the following for consideration:

 

Watauga County Board of Adjustment

The terms of Bill Ragan, Baxter Palmer and Todd Rice expire in November. All three are willing to continue to serve if reappointed.  NC Statutes require a representative (resident) of each zoned area in counties that have partial-county zoning such as Watauga.  Mr. Rice represents the Valle Crucis Historic District, which is a small area with limited population, therefore small pool of potential representatives.  Mr. Palmer is the alternate member and is the representative of the Foscoe-Grandfather zoned area.  Mr. Ragan resides in the Howard Creek Watershed, which is not a zoned area in the traditional sense, but since the watershed ordinance was adopted under zoning authority, the County has attempted to appoint residents of those areas when possible. 

 

The Pond Creek (Beech Mountain) Watershed Ordinance was not adopted under zoning authority as it is not large enough to qualify for partial-county zoning. Adam Rhyne resides in the South Fork New River/Winkler Creek/Middle Fork watershed (the boundaries adjoin and form one larger watershed-regulated area). David Hill and Charles Phillips are at-large members. Those 3 terms are not expiring this year. The new South Fork New River Watershed for the new Boone water intake does not have a representative.

 

Consideration was tabled to allow for more citizens to volunteer for serving on the Board of Adjustment.  The County Attorney stated that Mr. Ragan, Mr. Palmer, and Mr. Rice could continue to serve until new members were appointed.

 

 

Watauga Medical Center Board of Trustees

The Watauga Medical Center Board of Trustees has recommended Dr. Paul Dagher and Mr. Joe Miller for reappointment and Ms. Mary Louise Roberts for appointment as Board Trustees.  Each of their terms would be effective January 1, 2018, through December 31, 2020.   

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to reappoint Dr. Paul Dagher and Mr. Joe Miller and to appoint Ms. Mary Louise Roberts to the Watauga Medical Center Board of Trustees with each of their terms to be effective January 1, 2018, through December 31, 2020.

 

VOTE:  Aye-4(Welch, Kennedy, Hodges, Yates)

             Nay-1(Turnbow)

 

Recreation Commission

The following recommendations were received for consideration of appointment to the Recreation Commission:  Mr. Jason Eldreth to represent Bethel School, Mr. Denny Norris to represent Green Valley School, Mr. Gene Swift to represent Parkway School, and Ms. Carolina Carney to represent Valle Crucis School.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to appoint the following to the Recreation Commission:  Mr. Jason Eldreth, representing Bethel School, Mr. Denny Norris, representing Green Valley School, Mr. Gene Swift, representing Parkway School, and Ms. Carolina Carney, representing Valle Crucis School.

 

VOTE:  Aye-5

             Nay-0

 

 

Economic Development Commission

The terms of two members of the Economic Development Commission (EDC) expired in June.  Mr. Ed Evans and Mr. Tommy Sofield served two consecutive terms and, therefore, were not eligible for reappointment.  Mr. James Bance was appointed to fill one of these seats at the September 19, 2017, meeting leaving one seat to be filled for a three-year term.  A volunteer application has been received from Mr. Erik Carsten Lanier who is interested in serving on the EDC.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to appoint Mr. Erik Carsten Lanier to serve as a member of the Economic Development Commission.

 

VOTE:  Aye-5

             Nay-0

E.  Announcements

County Manager Geouque announced the following:

 

·       The Register of Deeds, Clerk of Court, and Tax Office invites you to join them for holiday goodies on Friday, December 8, 2017, from 12:30 – 2:30 P.M. in the hallway between the Clerk of Court and Register of Deeds offices.  There will be collection boxes for non-perishable food items to be donated to the Hunger and Health Coalition.

 

·       The Annual County Christmas Luncheon, scheduled on Tuesday, December 12, 2017, will be held at Dan’l Boone Inn from 11:45 A.M. to 2:00 P.M.

Public Comment

There was no public comment.

Closed Session

At 9:36 A.M., Commissioner Turnbow, seconded by Commissioner Hodges, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) 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 10:33 A.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Turnbow, seconded by Vive-Chairman Kennedy, moved to adjourn the meeting at 10:33 A.M.

 

VOTE:  Aye-5

             Nay-0

 

 

John Welch, Chairman

 

 

ATTEST:

 

Anita J. Fogle, Clerk to the Board