MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, MAY 19, 2020

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, May 19, 2020, at 5:30 P.M. remotely with the meeting originating in the Manager's Conference Room located in the Watauga County Administration Building, Boone, North Carolina.

 

Chairman Welch called the remote electronic meeting to order at 5:36 P.M. by calling roll with each Commissioner answering as present.  The following were present:

 

PRESENT VIA ELECTRONIC MEANS:     

 

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 May 5, 2020, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the May 5, 2020, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the May 5, 2020, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the May 19, 2020, agenda.

 

Commissioner Turnbow, seconded by Commissioner Wallin, moved to approve the May 19, 2020, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

Public Hearing to Allow Citizen Comment on the FY 2021 Proposed Budget

Chairman Welch stated that a public hearing was scheduled to allow citizen comment on the Manager's Recommended Budget for Fiscal Year 2021.

 

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

 

VOTE:  Aye-5

             Nay-0

 

The following shared comments:

 

Ms. Sara Crouch representing OASIS

Ms. Catherine King representing Community Care Clinic

Mr. Nathan Miller

Ms. Lory Whitehead with Hospitality House/WeCAN (written comment read by Chairman Welch)

 

Vice-Chairman Kennedy stated that Mr. Billy Ralph Winkler with Southern Appalachian Historical Association had called him to say thank you for the continued funding.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to close the public hearing at 5:49 P.M.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Welch stated that the Board would consider action on adopting the budget at the next regular meeting which was scheduled on Tuesday, June 2, 2020, at 8:30 A.M.

Coronavirus (COVID-19) Community Update

Ms. Jennifer Greene, AppHealthCare Director, provided an update on the Coronavirus (COVID-19).  The report was for information only and, therefore, no action was required.

Discussion Regarding Current County COVID-19 Restrictions

County Manager Geouque stated that on May 5, 2020, the Board adopted the following option regarding the County’s current restrictions:

 

1.     After two (2) weeks from the implementation of the Governor’s Phase II and key metrics continuing to be met:

Ø  Partially lift County short-term rental restriction to allow a fifty percent (50%) reduction in the listed maximum occupancy capacity as rated and published.  Family members residing in the same residence are exempt from the fifty percent (50%) reduction in maximum capacity limit.

Ø  Lift County fourteen day self-quarantine in conjunction with the partial lifting of short-term rental restriction.

Ø  Campground openings and restrictions can be consistent with those published by the National Park Services.   Otherwise, campgrounds shall be subject to the same openings and restrictions as short-term rentals during the applicable period.

2.     Upon implementation of the Governor’s Phase III and key metrics continuing to be met:

Ø  Lift remaining County short term-rental restriction from a fifty percent (50%) reduction in listed maximum occupancy capacity as rated and published to 100% occupancy.

 

After the Board adopted the above option, the Governor modified the recommendations of his Phase I.  At that time, several of the surrounding counties removed or partially lifted their local restrictions.  Mr. Geouque stated that Watauga County had received many comments regarding the fourteen day self-quarantine and the issues related with its continued enforcement.  With this information and the update from Ms. Jennifer Greene, AppHealthCare Director, the County Manager asked for direction from the Board.

 

After discussion, Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to revise the County’s plans as follows:

 

Upon implementation of the Governor’s Phase II, the County will lift the fourteen day self-quarantine and will partially lift the County’s short-term rental restriction to allow a fifty percent (50%) reduction in the listed maximum occupancy capacity as rated and published with the exemption of family members residing in the same residence.

 

VOTE:  Aye-5

             Nay-0

Ratification of A Proposed Appropriation for Economic Development Purposes Pursuant to NC G. S. 158-7.1

Mr. Joe Furman, Planning and Inspections/Economic Development Director, stated that a public hearing was conducted to seek public comment regarding the proposed economic development appropriation of $100,000 to provide partial funding for an emergency small business loan program at the May 5, 2020, Board meeting.  Due to new regulations for electronic meetings and public hearings that the County was made aware of on May 6, an item could not be voted until more than twenty-four hours after the public hearing was held.  With that in mind, Mr. Furman asked the Board to vote on the proposed Reenergize Watauga Fund program, the $100,000 in funds proposed to be designated from the Economic Development Reserve Account and the contract with Mountain Biz Works, again.  No public comments were received before, during, or after the public hearing.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to establish the Reenergize Watauga Fund and authorize to allocate $100,000 from the Economic Development Capital Reserve Fund to the Reenergize Watauga Fund and approve the contract with Mountain Biz Works to administer the program. 

 

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 April 2020.  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 April 2020 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 April 2020 as presented.

 

VOTE:  Aye-5

             Nay-0

Bid Award Request for Courthouse Exterior Waterproofing Project

Mr. Robert Marsh, Maintenance Director, stated that the Courthouse building had received several inches of wind-driven rain in April that infiltrated the exterior precast concrete panels on the front facade.  Inspection of the wall panel and window joints revealed areas where the caulk had failed.  The County's insurance carrier would reimburse for the interior damage but not the exterior.

 

Request for Proposals (RFPs) were solicited from four commercial caulking companies with the following two responding:

 

Bidder

Option/s

Amount

Strickland Waterproofing

Charlotte, NC

Option 3

$40,000

Stone Restoration

Charlotte, NC

Option 1 and 3

$54,350

 

Mr. Marsh recommended awarding the bid to Strickland Waterproofing in the amount of $40,000.  Mr. Marsh stated that the County had not worked directly with Strickland Waterproofing in the past; however, the company had been a subcontractor on some of the County’s projects.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid to Strickland Waterproofing in the amount of $40,000 with funds to be allocated from the administrative contingency budget line.

 

VOTE:  Aye-5

             Nay-0

Parks and Recreation Discussions on Summer Camps and Youth Sports Programs

Mr. Stephen Poulos, Parks and Recreation Director, stated that, after reviewing the pros and cons related to offering summer camps and youth sports programs in light of the COVID-19 pandemic and in consideration that W.A.M.Y. Community Action and Blowing Rock Parks and Recreation have cancelled their summer camps, he recommended the County cancel the Parks and Recreation run summer camps and the youth baseball and softball leagues.  Mr. Poulos stated that clinics might be held over the summer.

 

Chairman Welch stated that this was in line with Appalachian State University and nearby YMCAs which canceled their summer camps as well.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to support the decision by Watauga County Parks and Recreation to cancel their summer camps as well as the youth baseball and softball leagues.

 

VOTE:  Aye-5

             Nay-0

Finance Matters

A.  Juvenile Crime Prevention Council (JCPC) Expansion of Funds for 2019-2020

 

Ms. Misty Watson, Finance Director, presented expansion of funds for the Juvenile Crime Prevention Council (JCPC).  Ms. Watson stated that Mountain Alliance, Juvenile Mediation, and Western Youth Network received additional funds in the current Fiscal Year totaling $9,963 with no County match required.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the additional funding, in the amount of $9,963 for Juvenile Crime Prevention Council (JCPC) to be allocated to Mountain Alliance, Juvenile Mediation, and Western Youth Network.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Audit Contract for Fiscal Year Ending June 30, 2020

 

Ms. Watson stated that four firms were solicited for the bids for the County’s audit services.  The following two proposals were received:

 

Fiscal Year for Services

Gould Killian CPA Group, PA

C. Randolph CPA, PLLC

FY 2020

$47,500 *

$46,500

FY 2021

$50,000 *

$47,895

FY 2022

$52,500 *

$49,332

 

* Fee for Gould Killiam CPA Group, PA covers testing of 2 major programs, additional testing is $2,950 per major program.

 

Ms. Watson stated that after careful review and consideration staff recommended C. Randolph CPA, PLLC firm in the amount of $46,500 (a savings of $16,850 for the current year) for a three-year period with the increases each year not to exceed three percent (3%).  The $46,500 was for the first year with increases for the following two years.  The overall proposal was for a three-year period; however, the contract must also be approved by the Board each year.

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the letter of engagement for Fiscal Years 2020, 2021, and 2022 and the audit contract with C. Randolph CPA, PLLC for Fiscal Year 2020.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  CARES Act Relief Funds Plan

 

County Manager Geouque stated that the North Carolina General Assembly authorized coronavirus relief funds in Session Law 2020-4.  The legislation allocated $150 million in funding to the 97 counties that did not receive direct federal funding from the CARES Act. In addition, it holds in reserve $150 million subject to action by the federal government.  Key provisions of the Local Government Coronavirus Relief Reserve include:

 

Ø  Funding was distributed on a per capita basis, with a guaranteed minimum distribution of $250,000 per county.

Ø  Counties were authorized but not required to allocate a portion of their allotment to municipalities within the county, provided the transfer meets the requirements of the CARES Act and corresponding U.S. Treasury guidance. 

Ø  Quarterly reporting to the OSBM on the use of funds was required, beginning Oct. 1, 2020.  Unspent and misspent funds were subject to federal recoupment. Counties and municipalities were subject to clawback or other state measures for misuse.

Ø  An additional $150 million in a Reserve Fund to be appropriated to local governments IF local governments experienced a revenue shortfall from COVID-19 AND the federal government amended the CARES Act to allow CRF money to be spent on revenue replacement.

Ø  Established a Pandemic Recovery Office to oversee and coordinate reporting and accounting of CRF funding.

Ø  Unspent or misspent funds were subject to federal recoupment after December 30, 2020.

Ø  All funding was required to be expended according to the requirements of the CARES Act and corresponding U.S. Treasury guidance.

 

The County Manager stated that Watauga County received $1,164,018 in relief funds.  Staff had developed a plan for the expenditure of the relief funds and recommended funds be distributed as follows:

 

1)     Essential Local Government Response

a.      Watauga County - $100,000

b.     Town of Beech Mountain – $20,290

c.      Town of Blowing Rock - $21,153

d.     Town of Boone - $38,382

e.      Town of Seven Devils - $20,175

2)     Healthcare Services - Appalachian Regional Healthcare System - $200,000

3)     Educational Support Services – Watauga County School System - $125,000

4)     Public Health Services – AppHealthCare - $639,018

 

The plan was required to be submitted by June 1, 2020.  Funds would be distributed on a reimbursement basis.  Each entity would be required to submit a County reimbursement form along with all necessary information and expend all funds by October 1, 2020.  Any unspent funds would be reallocated to the other entities included in the plan. 

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adopt the plan as presented and to submit it to the North Carolina Office of State Budget and Management.  

 

VOTE:  Aye-5

             Nay-0

 

B.  Boards and Commissions

 

County Manager Geouque presented the following for consideration:

 

AppalCART Board

Appalachian State University had requested that, Mr. John Eckman, Associate Vice-Chancellor for Campus Services, be appointed to replace Mr. Paul Forte, Vice-Chancellor for Business Affairs, on the AppalCART Board.  This was a first reading.

 

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to waive the second reading and appoint Mr. John Eckman, Associate Vice-Chancellor for Campus Services, to serve on the AppalCART Board as a representative of Appalachian State University.

 

VOTE:  Aye-5

             Nay-0

 

Economic Development Commission

The terms of the following four (4) members of the Economic Development Commission were to expire in June:  Mr. Walter Kaudelka, Mr. James Bance, Mr. Wallace Greer, and Mr. Erik Lanier.  Terms were three years with a limit of two consecutive terms.  Mr. Kaudelka had served two full terms and, therefore, was ineligible for reappointment.  Mr. Bance, Mr. Greer, and Mr. Lanier were all eligible to be reappointed and were all willing to continue serving.  This was a first reading.

 

Commissioner Turnbow, seconded by Commissioner Yates, moved to waive the second reading and reappoint Mr. James Bance, Mr. Wallace Greer, and Mr. Erik Lanier to the Economic Development Commission for three-year terms.

 

VOTE:  Aye-5

             Nay-0

 

C.  Announcements

 

County Manager Geouque announced the following:

 

·       Ms. Alice Cohen, Collaboration Specialist with the Forest Service National Forests in North Carolina, announced that the public comment period for the proposed Nantahala and Pisgah National Forests plan revision (as included) had been extended to June 29, 2020, which was an additional 45 days beyond the original 90-days.  This provided more time for the public to offer input, given the transition to work and family during the coronavirus pandemic.

 

Vice-Chairman Kennedy encouraged the public to look at the plan and provide input. 

 

·       Chairman Welch stated that National EMS Week was May 17 through May 23 and thanked all EMS workers for their service.

 

·       Chairman Welch encouraged the public to fill out the 2020 Census and stated that, thus far, 55.7% of North Carolinians had participated with only 38.6% of Watauga County residents having had participated.

Public Comment

Chairman Welch read comments from the following:  Tim Gupton, Russ Curtis, Ann Lovern, Debbie Miller, Richard Miller, Kimberly Mikesell, Kari McMichael, and David Harwood. Sharon DiSandro, Robert Heavner, Debbie Warren, Annie Woodford, Mary O’Brien, Chris Perry, Lynda Stiles, Frankie Gioscio, Urs R. Gsteiger, Brett Sorge, Bill Maloney, Liz Turner, Pam Williamson, Chip Monroe, MD, Donna Conley, Paul Davis, Ben Miles, Nathan Miller, Brenda Schramm, Donna Lisenby, Katy Peterson, Jim and Deborah McDowell, Kent and Greg Tarbutton, Kim Bracket, Cobb and Cindy Milner, Sharon Crisman, Jim Pitts, Kenneth and Jess Wehrmann, Zak Ammar, P. J. Wirchansky, Ronnie Mark, Carol Dickerson, and Hiren Viroja.

 

The above written comments were also made available through the County Manager’s Office and on the County’s website.

Closed Session

At 8:17 P.M., Commissioner Turnbow, seconded by Vice-Chairman Kennedy, 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

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to resume the open meeting at 9:30 P.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Wallin, seconded by Commissioner Yates, moved to adjourn the meeting at 9:32 P.M.

 

VOTE:  Aye-5

             Nay-0

 

John Welch, Chairman

 

 

ATTEST:

 

Anita J. Fogle, Clerk to the Board