MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 4, 2020
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, February 4, 2020, 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
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 8:33 A.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 January 21, 2020, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the January 21, 2020, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the January 21, 2020, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the February 4, 2020, agenda.
Commissioner Yates, seconded by Commissioner Wallin, moved to approve the February 4, 2020, agenda as presented.
VOTE: Aye-5
Nay-0
Chairman Welch announced that he had to leave the meeting at approximately 9:20 A.M. to attend another meeting and would return as soon as possible.
Proposed Proclamation Supporting the Watauga High School Pioneer Playmakers Representing North Carolina at the Southeastern Theatre Conference
Chairman Welch presented a proposed proclamation honoring the Watauga High School (WHS) Pioneer Playmakers who will be representing North Carolina at the Southeastern Theatre Conference in Louisville, Kentucky. The WHS Pioneer Playmakers will also be hosting a fundraiser as they present "Ernest and the Pale Moon" on Friday, February 21, 2020, at 7:30 P.M. and 9:30 P.M. at Appalachian Theatre. Funds raised will be used to cover the costs associated with the competition.
Commissioner Yates, seconded by Commissioner Wallin, moved to approve the February 4, 2020, agenda as presented.
VOTE: Aye-5
Nay-0
2018-2019 Annual Report and 2019 State of the Community’s Health
Ms. Jennifer Greene, Appalachian District Health Director, presented the 2019 State of the Community’s Health report and the Health Department’s Annual Report for Fiscal Year 2018-2019. The reports were given for information only and, therefore, no action was required.
Watauga Food Council Report
Ms. Brooke Kornegay, Watauga Food Council Coordinator, presented an update on the Council’s activities. The Food Council supports the local Food Hub, Farmer’s Markets, the Cooperative Extension, and the Visit NC Farms App. The Food Council also works with local businesses to bring good food to citizens. Ms. Kornegay stated that they are currently working on achievable balances and need to increase coordination efforst.
Ms. Elena Dalton, with F.A.R.M. Café, updated the Board on the Food Council’s coordination, increased efficiency, policies researched, and the increased demand at local food outlets.
The Food Council is currently planning to hire a Coordinator position that will work with producers and outlets. The Food Council requested funding in the amount of $2,500 to $5,000 to help fund the position. The Food Council is also requesting the Town of Boone help with the funding needed. With anticipated growth, the Food Council believes hiring the Coordinator position would be beneficial.
Vice-Chairman Kennedy stated that the Board would revisit the request during the budget planning process and Chairman Welch advised Ms. Kornegay and Ms. Dalton to stay in touch with the County Manager.
Watauga County Public Library Annual Report
Ms. Monica Caruso, County Librarian, presented the Watauga County Public Library Annual Report. Ms. Caruso reported on youth and adult services, activities at the Western Watauga Branch, volunteer activities and gave an overview of revenues and expenses, statistics, and grants received. The report was for information only and, therefore, no action was required.
At 9:16 A.M., Chairman Welch left the meeting to attend a meeting that was a prior commitment. Vice-Chairman Kennedy led the meeting while Mr. Welch was absent.
Watauga Arts Council Update and Request for Lease Renewal
Ms. Cherry Johnson, Watauga County Arts Council, thanked the Board and County staff for the support shown over the years. Ms. Johnson stated that the facility they have leased from the County since 2013, located at 377 Shadowline Drive, is wonderful and needed. The lease automatically renews for ninety (90) day periods after April 15. Ms. Johnson requested the Board renew the lease, which is set to expire April 15, 2020, for an additional five years.
Ms. Ginger Bryant, President of the Watauga Arts Council Board of Directors, also thanked the Board for the building and support over the years. Ms. Bryant reviewed the history of the Arts Council which began as a grassroots program as well as the current programs offered. Ms. Bryant encouraged the Board to extend the lease for an additional five years.
The Arts Council pays one dollar ($1) per year to lease the building. Any subleases must be approved by the Board of Commissioners. A proposed resolution was presented which would need to be approved and advertised for ten days prior to authorization for the execution of the lease with final adoption at the next regular Board meeting after the ten day public notice.
After lengthy discussion, Commissioner Turnbow moved to renew the lease for a three year period. Commissioner Turnbow’s motion died for lack of a second.
Commissioner Yates, seconded by Commissioner Turnbow, moved to adopt the resolution stating the Board’s intent to lease the property to the Arts Council for one dollar ($1) per year for a term of four (4) years.
Commissioner Turnbow also encouraged Ms. Johnson and Ms. Bryant to start looking for permanent space to house the Arts Council. Commissioner Turnbow also suggested the Board of Commissioners appoint a liaison to the Arts Council Board as a non-voting member. Ms. Johnson welcomed the idea.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Emergency Services Matters
A. Proposed Emergency Fuel Memorandum of Understanding (MOU) with Watauga County Schools
Mr. Will Holt, Emergency Services Director, presented a proposed Emergency Fuel Memorandum of Understanding (MOU) with the Watauga County School System. The purpose of the agreement is to secure fuel during state-of-emergency situations in the County.
Commissioner Yates, seconded by Commissioner Wallin, moved to approve the Memorandum of Understanding as presented by Mr. Holt.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
B. 911 Phone Maintenance Contract
Mr. Holt requested approval to renew the contract with Mobile Communications America in the amount of $60,746.28. The contract was for the County’s 911 phone system maintenance. Mr. Holt stated that funds were provided from the 911 surcharge.
Commissioner Turnbow, seconded by Commissioner Yates, moved to renew the 911 phone system maintenance contract with Mobile Communications America in the amount of $60,746.28 as presented by Mr. Holt.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Bid Award Request for Aerial Platform
Mr. Robert Marsh, Maintenance Director, stated that bids were received for an aerial lift to service the new Community Recreation Center and other County facilities, parking lots, and fields. Four (4) bids were received with Aerial Titans of Tucker, Georgia submitting the lowest responsive bid in the amount of $39,610. Mr. Steven Moody, Maintenance Mechanic Crew Chief, was present and stated that Maintenance staff has rented and operated the exact brand of aerial lift.
County Manager Geouque clarified that funds for the equipment would be allocated from the Community Recreation Center budget as it would be used for that facility.
Commissioner Yates, seconded by Commissioner Turnbow, moved to award the bid to Aerial Titans in the amount of $39,610 for an aerial lift as presented by Mr. Marsh.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Project on Aging Matters
A. Proposed Appointment of North Carolina Senior Tar Heel Legislature (STHL) Alternate Member
Ms. Angie Boitnotte, Project on Aging Director, presented recommendations for an appointment to the North Carolina Senior Tar Heel Legislature (STHL). Each County in the State has a delegate and an alternate. Ms. Mary Moretz’s name has been provided to serve as the alternate STHL member for Watauga County.
Commissioner Yates, seconded by Commissioner Turnbow, moved to waive a second reading and appoint Ms. Mary Moretz to serve as the Watauga County Alternate to the North Carolina Senior Tar Heel Legislature.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
B. Proposed Appointment of Home and Community Care Block Grant (H&CCBG) Advisory Committee and Lead Agency
Ms. Angie Boitnotte stated that each year the Board is required to appoint a lead agency and advisory committee to make recommendations on how to best expend the County’s allocation from the Home and Community Care Block Grant (H&CCBG) funds. H&CCBG funds were established by the Older American’s Act and administered by the North Carolina Division of Aging.
The following were recommended for appointment to the committee: Commissioner Yates, Nicole Hiegl, Linda Bretz, Vanessa Brumfield, Jennifer Greene, Murray Hawkinson, Tom Hughes, Pat Coley, Kat Danner, Linda Marcoux, Mary Moretz, Bob Parker, Carolyn Owens, and Dr. Ed Rosenberg. Commissioner Yates was appointed to this Committee at the December 3, 2019, Board of Commissioners meeting.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to waive the second reading and appoint Nicole Hiegl, Linda Bretz, Vanessa Brumfield, Jennifer Greene, Murray Hawkinson, Tom Hughes, Pat Coley, Kat Danner, Linda Marcoux, Mary Moretz, Bob Parker, Carolyn Owens, and Dr. Ed Rosenberg to the Home and Community Care Block Grant Advisory Committee.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Commissioner Turnbow, seconded by Commissioner Wallin, moved to appoint the Watauga County Project on Aging as the Lead Agency for Home and Community Care Block Grant funds.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Finance Matters
A. Proposed Updated Resolution Authorizing the Sale of Lot 2, Phase 1, Twin Rivers Development
Ms. Misty Watson, Finance Director, presented an updated resolution authorizing the sale of a 1.60 acre lot located in the Twin Rivers Development in Foscoe. The property was declared surplus at a previous meeting. The updated resolution would need to be adopted to start the sale process. The minimum bid will be set at $5,000 to cover taxes, attorney fees, and administrative fees.
Commissioner Turnbow, seconded by Commissioner Yates, moved to adopt the revised resolution to authorize the listing, sale and advertisement of the property on GovDeals with a minimum bid of $5,000 as presented by Ms. Watson.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
B. FY 2019 Carry Forward Purchase Order
Ms. Watson presented the following additional carry forward purchase order for Fiscal Year 2019.
|
Description |
Purpose |
Amount |
PO# |
|
|
105911-470047 |
Carry forward |
School Phase I Design |
313,192.60 |
2019175 |
|
TOTAL: |
313,192.60 |
Commissioner Yates, seconded by Commissioner Wallin, moved to approve the carry forward purchase order as presented by Ms. Watson.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
C. Proposed Acceptance of Juvenile Crime Prevention Council (JCPC) Raise the Age Expansion Funds
Ms. Watson requested the acceptance of additional Raise the Age Expansion funding in the amount of $17,500. No County match was required.
Commissioner Wallin, seconded by Commissioner Turnbow, moved to accept the additional Raise the Age Expansion funding in the amount of $17,500 as presented by Ms. Watson.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Miscellaneous Administrative Matters
A. Bleachers and Gym Padding for New Community Recreation Center
County Manager Geouque requested approval for the purchase of bleachers and padding for the new Community Recreation Center. The lowest bid received was from Blankenship Associates, Inc., in the amount of $34,062. The County Manager stated that adequate funds were allocated in the new Community Recreation Center Fixtures, Furniture, and Equipment budget to cover the expense.
Commissioner Turnbow, seconded by Commissioner Yates, moved to award the bid for bleachers and padding for the new Community Recreation Center to Blankenship Associates in the amount of $34,062.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
B. Furniture for the New Community Recreation Center
County Manager Geouque requested authorization to purchase new furniture from Young Office Supplies in the amount of $161,991.04. Young Office Supplies has worked with the architect to design and coordinate the furniture for the new Community Recreation Center. Adequate funds have been allocated in the new Community Recreation Center project budget to cover the expense.
Commissioner Yates, seconded by Commissioner Wallin, moved to authorize the purchase of furniture from Young Office Supplies in the amount of $161,991.04 for the new Community Recreation Center as presented by the County Manager.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
C. Outdoor and Indoor Signage for the New Community Recreation Center
County Manager Geouque requested approval for the purchase of three (3) exterior seals and lettering along with one (1) interior sign from AOA Signs in the amount of $14,840.41. Adequate funds have been allocated in the new Community Recreation Center project budget under Furniture, Fixtures, and Equipment (FF&E) to cover the expense.
Commissioner Turnbow, seconded by Commissioner Yates, moved to authorize the purchase of three (3) exterior seals and lettering along with one (1) interior sign from AOA signs in the amount of $14,840.41 for the new Community Recreation Center as presented by the County Manager.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
D. Request for Additional School Resource Officer (SRO)
County Manager Geouque stated that the Watauga County School system received an additional SRO grant in the amount of $33,000. The grant requires for each two dollars provided, the County will match with one dollar. Five months of the SRO salary is $24,711 with the State paying $16,474 and the County $8,237. The County would need to fund an additional $44,434 in initial start-up costs for a vehicle and equipment. In the subsequent budget year the SRO’s salary would be $59,308 with the state paying $33,000 and the County $26,308.
The County Manager stated that the Board had tabled the decision regarding this matter at a previous meeting until further information could be gathered from the School System. The County Manager contacted Dr. Elliott to discuss the school system covering the personnel costs for the initial period as the County would be covering the $44,434 in equipment costs. School Superintendent, Dr. Scott Elliott, agreed to cover the salary cost for the initial period.
County Manager Geouque stated that the additional position would allow more flexibility for the elementary schools as the new SRO would be stationed at Hardin Park Elementary but would also serve as a backup at the other schools, including Watauga High School, when other SROs were out for training or on leave. The new SRO would also perform DARE services.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to accept the School Resource Officer (SRO) grant through the school system in the amount of $33,000 and direct staff to requisition $44,434, from the contingency fund, for a vehicle and equipment with the understanding that the school system would cover the County’s five month portion of salary in the amount of $8,237.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
E. Proposed Renewal of Red Cross Lease
County Manager Geouque stated that the American Red Cross has requested a renewal of their lease for County-owned office space which is set to expire March 31, 2020. The proposed renewal is for an eight (8) year term with the rent remaining at one dollar ($1) per year. A proposed resolution was presented which would need to be approved and advertised for ten days prior to authorization for the execution of the lease with final adoption at the next regular Board meeting after the ten day public notice. County Attorney Capua stated that the lease addressed space concerns and included a thirty-day termination clause.
Commissioner Yates, seconded by Commissioner Wallin, moved to adopt the resolution stating the Board’s intent to lease the property to the American Red Cross for one dollar ($1) per year for a term of eight (8) years.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
F. Proposed Dates for Joint Meeting with the Town of Boone to Discuss the Turner House
County Manager Geouque stated that the Town of Boone had confirmed that February 24, 2020, at 6:30 PM was a good time to hold a joint meeting to discuss the Turner building currently owned by the County. The County would host the meeting at the Agricultural Conference Center. Vice-Chairman Kennedy stated that he would not be able to attend that meeting due to a previous commitment at that time.
Commissioner Turnbow, seconded by Commissioner Yates, moved to schedule a special joint meeting with the Boone Town Council on Monday, February 24, 2020, at 6:30 P.M. to discuss the Turner building.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
G. Appalachian State Request to Build Structure on Leased Landfill Property
County Manager Geouque stated that in August 2019, the Board approved a lease renewal with Appalachian State University for their greenhouse located at the Watauga County Landfill. At the December 17, 2019, Board meeting, the County Manager presented a request from the University for permission to create an outdoor classroom with the construction of a deck around the existing building. Per the lease, Board approval is required for the University to make alterations to the property.
In December, the Board tabled consideration to allow time for the County Attorney to verify that Appalachian State has proper insurance coverage for the students using the outdoor classroom. Mr. Geouque stated that the County Attorney has reported back that the University’s position is that they are not willing (or able) to make any changes to the clause regarding insurance and the County will have to rely on its own sovereign immunity and insurance policies in case the County were ever sued. Appalachian State’s response included . . . “The request to build does not change the county attorney’s response as county’s sovereign immunity cannot be waived under any circumstances. The county’s self-insurance (NC Tort Claims Act and Defense of State Employees) would still apply to any non-employee hurt on the site due to a negligent act by a university employee and our employees are covered by workers compensation as required by NC law.”
County Attorney Capua agreed that Appalachian State University was strapped by North Carolina law and the County would be protected by liability insurance and County immunity. Ms. Capua stated that the County would have to consider the risk assessment and what it is comfortable with. County Manager Geouque stated that Government immunity was being chipped away at; however, the County does have insurance. Ms. Capua stated that she did not believe it was an Appalachian State University policy but a statewide university policy.
After discussion, there was no action taken due to the lack of a motion.
Vice-Chairman Kennedy stated that the request could be revisited in the future and Commissioner Turnbow stated that he understood that it was a statewide policy, not Appalachian State University that would leave the County liable.
H. Boards and Commissions
County Manager Geouque shared the following proposed Boards and Commissions appointments for consideration:
Economic Development Commission (EDC)
EDC member Savannah Garland had to resign due to accepting a new job in Kingsport, Tennessee. Her three year term expires in June, 2022. The un-expired term could be filled now and would expire in June at which time the member could be appointed to serve their first full term. Another option would be to wait and replace the position at the beginning of the full term which would be in June. Four other terms also expire in June. One of those four members will not be eligible for reappointment per the EDC rules; the other three will be eligible for reappointment, provided they are interested in continuing to serve. A request for volunteers has been advertised. Vice-Chairman Kennedy tabled consideration to allow for the submission of applications.
Voluntary Farmland Preservation Program Advisory Board
The Voluntary Farmland Preservation Program Advisory Board recommended the appointment of Ms. Kristy Hackler to fill the vacancy of Mr. Johnny Moretz who recently resigned due to health reasons.
Vice-Chairman Kennedy tabled consideration to allow for a second reading.
At 10:31 A.M., Chairman Welch returned to and rejoined the meeting.
AppalCART Board
The AppalCART Board recommended the appointment of Mr. David Jackson as an At-Large representative to fill the vacancy of Ms. Kedith England who resigned in September 2019. Mr. Jackson is the CEO of the Boone Area Chamber of Commerce. He is the current Chair of the High Country RPO Rural Transportation Coordinating Committee, a member of the Children’s Council Board, Boone Area Sports Commission, and Watauga Opportunities Board. Mr. Jackson uses AppalCART as a form of transportation to attend meetings around town.
Commissioner Turnbow, seconded by Commissioner Yates, moved to waive the second reading and appoint Mr. David Jackson as an At-Large representative on the AppalCART Board as presented.
VOTE: Aye-5
Nay-0
Recreation Commission
Valle Crucis School Principal, Bonnie Smith, has recommended Mr. Sam Painter be reappointed as Valle Crucis’ representative on the Recreation Commission.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to waive the second reading and reappoint Mr. Sam Painter as the Valle Crucis School representative on the Recreation Commission as presented.
VOTE: Aye-5
Nay-0
I. Announcements
County Manager Geouque announced the following:
· The Annual Pre-Budget Retreat is scheduled for Thursday, February 13, beginning at 12:00 P.M. and Friday, February 14, 2020, at 9:00 A.M.
· The High Country Council of Governments invites you to their Legislative Luncheon on February 27, 2020, from 10:00 A.M. until 12:00 P.M. at Blue Ridge Energy’s Community Room. Please let Anita know if you plan to attend and she will be glad to RSVP on your behalf.
· Due to one-stop voting, the location of the February 18, 2020, regular meeting of the Board of Commissioners will be moved to Courtroom # 1 on the third floor of the Watauga County Courthouse, located at 842 West King Street. The meeting will begin at the regular time of 5:30 P.M.
· The Senior Center will host an advocacy event from 10:00 – 11:00 A.M. on Monday, February 24, 2020, at the Lois E. Harrell Senior Center to allow seniors the opportunity to meet their elected officials and allow conversations to be held about issues that are concerning to seniors.
The County Manager stated that, in the future, he could ask Ms. Angie Boitnotte, Project on Aging Director, to direct staff to present a couple of dates for the Board to choose from before setting the date for this event.
Public Comment
Mr. Patrick Richardson thanked the Board for being fiscally responsible and for supporting the Arts Council. He also shared his support of the Council and how the arts positively affected his life.
Closed Session
At 10:38 A.M., Commissioner Wallin, seconded by Vice-Chairman Kenney, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 11:45 A.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 11:46 A.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board