MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 23, 2019
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 23, 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
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Chairman Welch called the meeting to order at 5:35 P.M.
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 June 18, 2019, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the June 18, 2019, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the June 18, 2019, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the July 23, 2019, agenda.
County Manager Geouque requested to add the following: a proposed proclamation honoring Cove Creek Volunteer Fire Department’s 50th Anniversary, an Economic Development Commission funding request, and the reappointment of the Tax Assessor. Commissioner Yates requested to add a request for the North Carolina Department of Transportation (NCDOT) to Clear Road Right of Ways.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the July 23, 2019, agenda as amended.
VOTE: Aye-5
Nay-0
Sheriff’s Office Matters
A. Request for Declaration of Surplus and Sale – WCSO K-9
Major Kelly Redmon requested to declare “Tanner,” a K-9 police dog as surplus and sold to its handler, Lt. Wes Hawkins. Major Redmon stated that Tanner had been taken out of service by the Sheriff’s Office on July 1, 2019, due to having bone cancer in his right hind leg. Tanner has since had surgery to have the leg removed. General Statutes allow for the dog to be sold for a negotiated price by order of the Board of Commissioners.
A proposed resolution authorizing the sale was presented for consideration. If the resolution is adopted and the sale of the K-9 advertised for ten days, then the sale can be carried out. Major Redmon requested that the dog be declared surplus and sold for a fee of $1.00 to its handler, Lt. Wes Hawkins. Since the K-9 has been trained for duty, it would be best for an experienced handler to have ownership. Upon completion of the ten day notice, the K-9, Tanner, will be presented to Lt. Wes Hawkins who will bare all future expenses related to the medical, care and housing of the K-9 known as Tanner.
Commissioner Yates, seconded by Commissioner Turnbow, moved to declare the K-9 police dog, known as Tanner, surplus; to adopt the resolution; and to direct staff to advertise for ten days prior to the sale.
VOTE: Aye-5
Nay-0
B. Request to Purchase Two New AFIS Fingerprint Stations
Major Redmon requested approval of the purchase of two new Automated Fingerprint Identification System (AFIS) stations from IDEMIA to replace the two current stations. The stations are used multiple times daily for fingerprinting arrestees and among other uses for applicants for gun permits, IT applications, tax processing, employment, adoptions. The cost of each station was $20,875. Adequate funds are included in the Sheriff’s Office budget to cover the expense.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the purchase of the two new Automated Fingerprint Identification System (AFIS) stations from IDEMIA, at a total cost of $41,750, as presented by Major Redmon.
VOTE: Aye-5
Nay-0
Proposed Camera and Access Control for the Community Recreation Center
Mr. Drew Eggers, IT Director, presented bids for cameras and access controls for the new Community Recreation Center (CRC). The CRC budget includes funds for the purchases. Three proposals were received for the security camera system and two for the door access control system. Creekside Electric, a local company, indicated interest in both proposals but did not submit bids for either. Mr. Eggers stated that staff recommended the acceptance of bids submitted by the lowest responsive bidder, Freedom Electric, for both the cameras, in the amount of $25,099, and access controls, in the amount of $20,499.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to accept the bid from Freedom Electric for the security camera system, in the amount of $25,099, and the bid from Freedom Electric for the door access control system, in the amount of $20,499.
VOTE: Aye-5
Nay-0
State Transportation Improvement Plan (STIP)
Mr. Joe Furman, Planning and Inspections Director, discussed the 2022-2031 State Transportation Improvement Program (STIP) projects. Mr. Furman stated that the County will be asked to submit four (4) new road and/or public transportation projects, plus greenway projects.
Mr. Furman recommended the following three (3) road projects:
105 Bypass (NCSR 1107): widen to three lanes (center turn lane) with five foot paved shoulder which will accommodate bicycles.
NC Hwy 105 from the end of the funded project at Old Shulls Mill Road to the existing climbing lanes that begin at J H Mclean Road: widen to three lanes (center turn lane) with five foot paved shoulder as above. A preliminary look on GIS at this type of improvement shows little if any impact on buildings in Foscoe, and would improve the traffic flow.
NC Hwy 194 from Howard’s Creek Road to Castle Ford Road: “Modernization,” i.e. widen the existing lanes to twelve feet and add four foot paved shoulders which will accommodate bicycles.
Mr. Furman shared the following recommendations from Ms. Wendy Patoprsty with Blue Ridge Conservancy for greenway projects:
Section 3: From Sterling Creek Park South through Aho Bridge underpass = $3.9 million and includes design, engineering, two bridges, secondary road crossing, grading, paving, stream restoration, property acquisition, parking are trailhead, vegetation, and signage.
Section 5: From Niley Cook to Fairway Drive = $2.9 million and includes design, engineering, permitting, boardwalk, safe at-grade secondary road crossings, rock blasting, guardrail, greenway grading, paving, and signage.
Mr. Furman stated that Ms. Patoprsty had indicated that the Middle Fork Greenway and partners agreed to fundraise for the 20% match required for the STIP.
Mr. Furman shared the following recommendation from Mr. Craig Hughes, Executive Director of AppalCART, for a transportation project:
Expand the bus fleet at AppalCART by purchasing ten buses. The total project cost would be $5 million with NCDOT funding $4.5 million and the local share being $500,000. Mr. Furman stated that Appalachian State University has agreed to fund the local share portion of the project.
Mr. Furman stated that he did not have a fourth road project to recommend at this time as other projects were included in the Watauga County Comprehensive Transportation Plan or being included by the Town of Boone.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to submit the following projects to the North Carolina State Transportation Improvement Program:
Road Projects:
105 Bypass (NCSR 1107): widen to three lanes (center turn lane) with five foot paved shoulder which will accommodate bicycles.
NC Hwy 105 from the end of the funded project at Old Shulls Mill Road to the existing climbing lanes that begin at J H Mclean Road: widen to three lanes (center turn lane) with five foot paved shoulder as above. A preliminary look on GIS at this type of improvement shows little if any impact on buildings in Foscoe, and would improve the traffic flow.
NC Hwy 194 from Howard’s Creek Road to Castle Ford Road: “Modernization,” i.e. widen the existing lanes to twelve feet and add four foot paved shoulders which will accommodate bicycles.
Greenway Projects:
Section 3: From Sterling Creek Park South through Aho Bridge underpass = $3.9 million and includes design, engineering, two bridges, secondary road crossing, grading, paving, stream restoration, property acquisition, parking are trailhead, vegetation, and signage.
Section 5: From Niley Cook to Fairway Drive = $2.9 million and includes design, engineering, permitting, boardwalk, safe at-grade secondary road crossings, rock blasting, guardrail, greenway grading, paving, and signage.
Transportation Project:
Expand the bus fleet at AppalCART by purchasing ten buses. The total project cost would be $5 million with NCDOT funding $4.5 million and the local share being $500,000. Mr. Furman stated that Appalachian State University has agreed to fund the local share portion of the project.
VOTE: Aye-5
Nay-0
Economic Development Funding Request
In May 2018, the Board voted to approve a $20,000 allocation from the Economic Development Commission (EDC) Capital Reserve account which would be used to move forward with a project shining a spotlight on the High Country by producing six to eight short video vignettes featuring locals which highlight the beauty of the mountains.
Mr. Joe Furman, Economic Development Director, shared that the “Boonies” episodes of the videos have been broadcast in approximately 8,384,370 households and can still be seen on Public Broadcast Systems (PBS) and YouTube. Mr. Furman stated that the EDC met on July 11 and voted to recommend a second year of funding, in the amount of $20,000, from the Economic Development Commission Capital Reserve Account to again contract with Artemis Independent to produce three or more “Boonies” videos.
Commissioner Yates, seconded by Commissioner Wallin, moved to approve the $20,000 expenditure with funds to be allocated from the Economic Development Commission Capital Reserve account to move forward with the project as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Proposed Work First County Plan for 2019-2021
Mr. Tom Hughes, Social Services Director, presented the Work First County Plan for 2019-2021. Mr. Hughes shared the following changes made to the Plan in submitting it for the meeting: on page 4, correcting the spelling of the word “Conditions” in the header; on page 4, changing 4.1% to 4.0% in the first sentence of the second paragraph; on page 10, changing Smoky Mountain Center to Vaya Health; and on page 11, $381,217 changes to $348,801 in the first paragraph and $500.00 changes to $600.00 at the bottom of the same page. Mr. Hughes shared how the plan functions to benefit people by helping get them from a bad place to a better place.
Mr. Hughes stated that the Social Services Advisory Board has approved the plan; however, he would present the changes to that Board prior to submitting it to the State Office of Social Services.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to adopt the County Work First Plan for 2019-2021.
VOTE: Aye-5
Nay-0
Proposed Courtroom #2 Renovation Proposal
Mr. Robert Marsh, Maintenance Director, requested the exemption of the Courtroom #2 renovations project from N.C. General Statute 143-64.31. Hemphill Associates designed the previous Courthouse renovation project. Due to Hemphill-Randel Associates working knowledge of Courthouse projects and their previous work for the County; Mr. Marsh stated that staff recommended the Board exempt this project from N.C. General Statute 143-64.31 and select Hemphill-Randel Associates for the design and engineering services for the Courtroom #2 renovations project.
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to exempt Courtroom #2 renovations project from N.C. General Statute 143-64.31 and select Hemphill-Randel Associates for the design and engineering services, in the amount of $18,800, for the project.
VOTE: Aye-5
Nay-0
Mr. Robert Marsh, Maintenance Director, presented a contract with Hemphill-Randel Associates for the design and engineering work for the Courtroom #2 renovations. Hemphill-Randel Associates is very familiar to the county having completed the last major renovation to the courthouse. Hemphill-Randel Associates fees for the project is $18,800. The estimate for the construction of the proposed renovations was $126,800 which was considerably less than the initial projected amount of $350,000. Staff believes the total project cost will be less with the utilization of in house staff to do a majority of the work.
Commissioner Yates, seconded by Commissioner Turnbow, moved to select Hemphill-Randel Associates for the design and engineering services, in the amount of $18,800, for the project.
VOTE: Aye-5
Nay-0
Tax Matters
A. Monthly Collections Report
Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of June 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 June 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 June 2019 as presented.
VOTE: Aye-5
Nay-0
C. Annual Settlement of Tax Collector
Tax Administrator Warren presented the following Annual Settlement Statements for Fiscal Year 2019 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the Annual Settlement Statements for Fiscal Year 2019.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to accept the Tax Administrator’s “Oath as to Diligent Effort to Collect Taxes.”
VOTE: Aye-5
Nay-0
D. Oath to Collect Taxes
Mr. Warren presented a proposed order granting authorization to collect taxes for Fiscal Year 2020. Once approved, a sworn oath would be administered to Tax Administrator Warren.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to grant authorization for Tax Administrator Warren to collect taxes for Fiscal Year 2020.
VOTE: Aye-5
Nay-0
E. Reappointment of the Tax Assessor
County Manager Geouque stated that Mr. Larry Warren, Acting Tax Administrator, is in compliance with continuing education hours and is eligible for reappointment as Tax Administrator. The County Manager stated that the Board has the option of appointing Mr. Warren to a term of either two or four years.
Commissioner Turnbow, seconded by Commissioner Yates, moved to reappoint Mr. Larry Warren to a four-year term as Tax Administrator to commence retroactively on July 1, 2019.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Misty Watson, Finance Director, reviewed the following budget amendments:
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Account # |
Description |
Debit |
Credit |
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105911-471000 |
NC Lottery Funds |
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$167,000 |
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105911-470043 |
Roof Renovations |
$167,000 |
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The amendment allocated funds for NC Lottery projects as requested by the Watauga County Schools and approved by the North Carolina Department of Public Instruction (NCDPI). |
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Commissioner Turnbow, seconded by Commissioner Wallin, moved to approve the budget amendments as presented by Ms. Watson.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Proposed License Agreement Renewal – American Red Cross
County Manager Geouque stated that the American Red Cross had requested consideration of renewing their existing license agreement for office space at the County’s Health Department building. The current license agreement is for two (2) years and began March 23, 2018, and ends March 31, 2020. Staff is unclear as to why the Red Cross would like to initiate the process so early. Mr. Geouque recommended waiting until closer to the expiration of the current license agreement to begin the renewal process which would begin with the Board adopting a resolution and allowing 10 days to pass before officially approving the license agreement.
Commissioner Yates, seconded by Commissioner Turnbow, moved to table discussion and to direct the County Manager to bring a resolution for the proposed renewal to a future meeting for consideration of beginning the renewal process.
VOTE: Aye-5
Nay-0
B. Proposed Renewal of ASU Greenhouse Lease
County Manager Geouque stated that the Appalachian State University Foundation requested the renewal of the lease for greenhouse space located at the Watauga County Landfill. Mr. Geouque stated that 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 its next regular meeting. County Attorney Capua stated that County Attorney di Santi had reviewed the lease. The County Manager stated that if the proposed resolution was adopted, the lease could be considered for approval at the August 20, 2019, meeting allowing time to fulfill the advertisement requirement.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adopt the proposed resolution and direct staff to fulfill the advertisement requirement.
VOTE: Aye-5
Nay-0
C. Proposed Proclamation Honoring the 50th Anniversary of Cove Creek Volunteer Fire Department
Chairman Welch presented and read a proposed proclamation in honor of the 50th Anniversary of the Cove Creek Volunteer Fire Department.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
D. Proposed Proclamation Honoring Merle Watson
County Manager Geouque presented and read a proposed proclamation in honor of Merle Watson’s induction into the North Carolina Music Hall of Fame & Museum. The 11th Annual Induction Ceremony will be held on October 17, 2019, in the Gem Theatre in Kannapolis, NC, at which time the proclamation will be presented.
Commissioner Yates, seconded by Commissioner Turnbow, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
E. Appointment of the North Carolina Association of County Commissioners’ (NCACC) Annual Conference Voting Delegate
County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Conference is scheduled for August 22-24, 2019, in Guilford County. Each county in attendance is required to select a voting member for representation at the Annual Business Meeting which is conducted as a part of the conference. Submission of the voting delegate is due August 16, 2019.
Commissioner Yates, seconded by Commissioner Turnbow, moved to appoint Commissioner Wallin as the Watauga County voting member at the North Carolina Association of County Commissioners’ Annual Conference Business Meeting.
VOTE: Aye-5
Nay-0
F. Request for the North Carolina Department of Transportation to Clear Road Right-of-Ways
Commissioner Yates stated that there have been several incidents recently in the County where fallen trees and/or limbs have blocked roadways in the area. The Fire Departments and/or citizens have been left to make the roads passable; however, the Department of Transportation’s (DOT) right-of-ways have remained blocked. Also, it does not appear that the DOT has performed tree trimming recently either. Commissioner Yates asked if the Board could request DOT to make roadways safe to pass through by clearing their right-of-ways.
By consensus, the Board agreed, to direct the County Manager to set up a meeting with Mr. Kevin Whittington, DOT Highway Maintenance Engineer in Watauga County, to discuss the matter.
G. Announcements
County Manager Geouque announced the following:
· The 112th NCACC Annual Conference will be held August 22-24, 2019, in Guilford County. Visit http://www.ncacc.org/775/2019-Annual-Conference for full information.
· The Board of Commissioners is invited to the Watauga County Community Recreation Center’s Topping Out Gathering to sign the final steel beam prior to being set into place. The event will be held on the construction site starting at 11:00 A.M. on Wednesday, July 31, 2019.
Public Comment
Ms. Kendra Sink with the Back 2 School Festival, which is a 501(c)3, requested funding in support of this year’s event in August. Ms. Sink stated that over one thousand children benefit from the Festival.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to amend the agenda to allow for discussion of the Back 2 School funding request.
VOTE: Aye-4(Welch, Kennedy, Turnbow, Wallin)
Nay-1(Yates)
County Manager Geouque stated that, in the past, the Board was advised that if the vote was not unanimous items could not be added to the agenda.
Chairman Welch directed the County Manager to place Ms. Sink’s funding request for the Back 2 School Festival on the August 6, 2019, Board of Commissioners meeting agenda.
Closed Session
At 6:39 P.M., Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to enter 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-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to resume the open meeting at 7:25 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Commissioner Turnbow, moved to adjourn the meeting at 7:25 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board