WATAUGA COUNTY

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, APRIL 16, 2019

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, April 16, 2019, at 5:30 P.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

                                                Charlie Wallin, Commissioner

                                                Perry Yates, Commissioner

Anthony di Santi, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Commissioner Yates opened 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 April 3, 2019, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the February 18 & 19, 2019, special meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the April 3, 2019, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the April 3, 2019, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Vice-Chairman Kennedy called for additions and/or corrections to the April 16, 2019, agenda.

 

County Manager Geouque requested to add consideration of the Encore Lease (formerly Watauga Solar).

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the April 16, 2019, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on Proposed Amendments to the Watauga County Solid Waste Ordinance

 

Chairman Welch stated that a public hearing had been scheduled to allow citizen comment on proposed changes to the Solid Waste Ordinance.

 

Mr. Rex Buck, Operations Service Director, requested the Board amend the Solid Waste Ordinance Article IV, Sections 5 and 22 and incorporate a definition for Municipal Solid Waste Collector.  The changes are required to clarify the different types of waste generated in the County and how those wastes are collected. 

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to declare the public hearing open at 5:39 P.M.

 

VOTE:  Aye-5

             Nay-0

 

There being no public comment, Commissioner Turnbow, seconded by Commissioner Yates, moved to declare the public hearing closed at 5:39 P.M.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to adopt the Solid Waste Ordinance as presented.

 

VOTE:  Aye-5

             Nay-0

Law Enforcement Assisted Diversion (LEAD) Program Presentation

Sargent Casey Miller shared information on the Law Enforcement Assisted Diversion (LEAD) program.  The following were present in support of the program:  Dr. Marisa Cornell, Executive Director of Mediation and Restorative Justice Center; Ms. Ashley Bare with AppHealthCare; Mr. Seth Banks, District Attorney; Ms. Diane Deal, Clerk of Court; Mr. Murray Hawkins with Daymark; Ms. Tina Krause, Executive Director of Hospitality House; and others.  Sargent Miller stated that LEAD is a program designed to help trauma victims before they get caught up in the cycle of being in jail.  Similar programs have proven to be less expensive to fund than the cost to of housing an inmate.

 

Dr. Cornell stated that LEAD will offer an earlier intervention than Drug Court and helps address underlying issues by working through law enforcement, health care, Hospitality House, etc.

 

Ms. Ashley Bare who is associated with LEAD through her work at AppHealthCare shared her life experiences of how a similar program in a neighboring county helped her break the cycle of being in an abusive relationship with a drug dealer.  Ms. Bare stated that she knew she needed to stop the lifestyle she was living but did not know how to do so.  A program like LEAD would have potentially kept her from entering the cycle upon her first arrest.

 

Vice-Chairman Kennedy stated that mental health is underfunded and stated that the Board was working toward funding this new program.

 

Chairman Welch thanked all of those in attendance who are involved in and support the LEAD program.

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of March 2019.  The report was presented for information only and, therefore, no action was required.

 

B.  Refunds and Releases

 

Mr. Warren presented the Refunds and Releases Report for March 2019 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the Refunds and Releases Report for March 2019 as presented.

 

VOTE:  Aye-5

             Nay-0

Finance Matters

A.  Budget Amendments

 

Ms. Misty Watson, Finance Director, County Manager Geouque reviewed the following budget amendments:

 

 

 

Account #	Description		Debit	Credit
145410-440002		Low Income Energy Assistance Program		$50,000
143531-323000		Allocations – Federal and State	$50,000
The amendment recognizes reduced funding for the Low Income Energy Assistance Program.
103300-343317		Homeland Security Grant – Prime Mover		$1,500
104330-454000		Capital Outlay – Vehicles	$1,500
The amendment recognizes the acceptance of additional funds for the Homeland Security Grant for the prime mover.  No match is required.
103300-332006		Senior Health Info Grant		$1,816
105550-449901		Senior Health Insurance Information Program	$1,816
The amendment recognizes the acceptance of the Senior Health Insurance Information Program (SHIIP) Medicare Improvements for Patients and Providers Act (MIPPA) grant funds.  No County dollars are required as match funds.  The grant was accepted at the February 19, 2019 Board meeting.
145310-469101	Professional Services – Legal (DSS)		$55,000
145370-469101	Professional Services – Legal (CSE)		$6,000
143531-323000	Admin Cost Reimbursement – Federal and State			$31,460
143991-399100	Appropriated Fund Balance			$29,540
The amendment recognizes additional funding needs for legal fees associated with child support enforcement and foster care.
104920-463000	General Appropriations		$33,463
103980-398121	Transfer from Capital Projects Fund			$33,463
219800-498010	Transfer to General Fund		$33,463
213991-399101	Appropriated fund balance			$33,463
The amendment allocates funds from CIP set-aside funds for projects as requested by the Economic Development Commission for High Country Local First as approved at the February 5, 2019, Board meeting.
663300-347220	NC Department of Environmental Quality			$10,000
663300-385501	Watauga County Schools Grant Match			$2,000
667421-455002	Capital Outlay – other		$12,000
The amendment recognizes the acceptance of the recycling grant funds to purchase recycling containers.  The 20 percent match is to be provided by the Watauga County Board of Education as the containers will be located at area schools.

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the budget amendments as presented by Ms. Watson.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Audit Contract

 

Ms. Watson presented a proposed audit contract for Fiscal Year 2019 and engagement letter with Gould Killian, CPA Group, P.A., in the amount of $51,000 which includes two (2) major programs.  Additional program testing, if needed, will be assessed at $2,600 per each program.  This will be the second year the County will be utilizing Gould Killian.  Ms. Watson stated that staff was very satisfied with the work product and interaction with Gould Killian personnel.  The audit was completed and submitted timely to the Local Government Commission (LGC).

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the letter of engagement and audit contract with Gould Killian, CPA Group, P.A. as presented by Ms. Watson.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A. Encore Lease Agreement

 

County Manager Geouque presented a proposed lease of a portion of the landfill property to Encore Renewable Energy.  Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years or twenty-five (25) years for a renewable energy project such as this.  Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon 10 days' public notice.  The notice has been given.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the lease as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Resolution Supporting Increased Access To Healthcare In North Carolina

 

County Manager Geouque, per Commissioner request, presented a proposed resolution supporting increased access to healthcare in North Carolina.  Appalachian Regional Healthcare System has already adopted a similar resolution and requested the County do the same.  Vice-Chairman Kennedy stated that he is on Watauga Medical Center’s Board of Trustees and this is a non-partisan resolution encouraging access to healthcare and continuing support of local hospitals.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adopt the resolution as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.   Proposed Appalachian Enterprise Center Lease Renewal

 

County Manager Geouque stated that a lease with the High Country Workforce Development Board (HCWDB) for a portion of the Appalachian Enterprise Center (AEC) has expired.  The County Attorney prepared the previous lease and staff has updated the lease to reflect the new terms.  The lease amount is proposed at $45,000 which would include utilities and maintenance and is consistent with the lease amount for incubator tenants.

 

A proposed resolution authorizing the lease to the High Country Workforce Development Board (HCWDB) for a portion of the Appalachian Enterprise Center (AEC) located at 130 Popular Grove Road Connector was presented.  The term is for three (3) years with the rent to be paid by High Country Workforce Development Board (HCWDB) to Watauga County in the amount of forty-five thousand ($45,000) per annum.  Property owned by the County may be leased or rented for such terms and upon such conditions as the Board may determine, for up to ten (10) years.  Property may be rented or leased only pursuant to a resolution of the Board authorizing the execution of the lease or rental agreement adopted at a regular Board meeting upon 10 days' public notice.  Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the Board's intent to authorize the lease or rental at a meeting after the ten day notice.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adopt the resolution as presented and give the ten day notice for consideration of the lease at a future meeting. 

 

VOTE:  Aye-5

             Nay-0

 

D.  Proposed Lease with Appalachian State University for Use of Human Services Parking Lot on Home Game Days

 

Vice-Chairman Kennedy called for a motion to recuse Chairman Welch and Commissioner Wallin from this matter as they are both employees of Appalachian State University.

 

Commissioner Turnbow, seconded by Commissioner Yates moved to recuse Chairman Welch and Commissioner Wallin from this matter.

 

VOTE:  Aye-5

             Nay-0

 

County Manager Geouque stated that Appalachian State University has requested to lease the Human Services lot again this year for home football game parking.  Proposed terms of the agreement are proposed to include:

 

·        ASU pays the County $5,000 to use the Human Service parking lot for home games (six are scheduled in the upcoming season.)

·        ASU is responsible for security, portable toilets, and clean-up

·        Term is for one-year.

·        Access to Thursday game day parking will be restricted until after 5:30 PM.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to approve a lease with Appalachian State University for the Human Services lot for football game day parking contingent upon the County Attorney and County Manager making sure the terms are meet as presented. 

 

VOTE:  Aye-3(Kennedy, Turnbow, Yates)

             Nay-0

             Recused-2(Welch, Wallin)

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to reinstate Chairman Welch and Commissioner Wallin to the meeting.

 

VOTE:  Aye-3(Kennedy, Turnbow, Yates)

             Nay-0

             Recused-2(Welch, Wallin)

 

E.  Boards and Commissions

 

Boone Rural Fire Protection Service District Board

Each Commissioner nominates a representative to the Boone Rural Fire Protection Service District Board whose terms run concurrent with the term of the appointing Commissioner.  Boone Rural Fire Service District Board members must own property and reside within that Fire Service District.

 

F.  Announcements

 

County Manager Geouque announced the following:

 

·       Special Announcements & Recognitions will be given Tuesday, April 30, at 12:00 P.M. at the Watauga County Swim Complex.  This is the last day the pool will be open and citizens are welcome to come enjoy fellowship and refreshments all day.

 

·       As part of the Carolina Panthers Silver Season celebration, the team will recognize May 1 as “Keep Pounding Day” creating a new annual tradition for a day of community service.  The team will execute 25 service projects in communities across North and South Carolina in a symbolic tribute to the Panthers 25th season.  As a part of this service, new raised gardens will be built for the Senior Center.  The project is scheduled to begin at 10:00 A.M. at the Project on Aging.

 

Chairman Welch stated that the Panthers started “Keep Pounding Day” on May 1 (5/1) to honor Sam Mills, former teammate who died from cancer, whose jersey number was 51.

Public Comment

The following shared comments in opposition to proposed asphalt plants focusing on the proposed Rainbow Trail plant:

 

Bobby Herring

Andrew P. Mason

Harvard Ayers

Gary Sigmon

Tony Schlare

Lindsay Scott

Lindsay Williams

Louis Zeller

Lauren Waterworth

Will Canu

Ronnie Marsh

Taylor Marsh

Dale Harrington

Mary Sheryl Horine

John Prickett

Kelly Crump

Anne Ward

Lia Gillin

Sherri Lander

Jack Hellenbrand

Adam Whiteby

Matt Jeniso

Clyde Burleson