MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 15, 2020
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, September 15, 2020, at 5:30 P.M. remotely with the meeting originating in the Commissioners’ Conference Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Welch called the remote electronic meeting to order at 5:32 P.M. 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
Vice-Chairman Kennedy led the Pledge of Allegiance and Commissioner Yates opened with a prayer.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the September 1, 2020, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the September 1, 2020, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the September 1, 2020, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the September 15, 2020, agenda.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the September 15, 2020, agenda as presented.
VOTE: Aye-5
Nay-0
Town of Boone Conditional District Zoning Map Amendment Request for A Watauga Medical Center Project
Mr. Jim Deal, Watauga Medical Center Board Member, requested the County’s approval to submit a Conditional District Zoning Map Amendment request for a Watauga Medical Center project to the Town of Boone. The project included a ten-foot, multi-path asphalt greenway from State Farm Road to Johnson Street including signage. The Town of Boone required the greenway as a condition for approval of the project. The County was required to approve the submission of the request as the County owns a portion of the property on which the greenway will be located.
Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the submission of the Conditional District Zoning Map Amendment request as presented by Mr. Deal.
VOTE: Aye-5
Nay-0
Coronavirus (COVID-19) Community Update
County Manager Geouque announced that Ms. Jennifer Greene, AppHealthCare Director, had a prior commitment and would not be available for a presentation.
Planning & Inspections Matters
A. Middle Fork Greenway Section 4 Requests to Transfer Property and Award Contract to Build the Natural Surface Segment
Mr. Joe Furman stated that the design for Section 4 of the Middle Fork Greenway (from Niley Cook Road to Tweetsie Railroad) had been changed due to permitting issues. The North Carolina Division of Energy, Mining, and Land Resources (NCDEMLR) would not approve the original design. Due to the design change, Blue Ridge Conservancy (BRC) purchased additional land on the west side of the Middle Fork (accessed from US Hwy 321 S) and changed a portion of Section 4 to a natural surface trail. The land acquisition and design change provided for a more visible trailhead, increased parking, and eliminates the boardwalk and retaining walls that the NCDEMLR would not approve. The BRC wished to donate the tract of land to the County.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to accept the donation of the tract of land and to direct the County Attorney to prepare the deed.
VOTE: Aye-5
Nay-0
Mr. Furman stated that Ms. Wendy Patoprsty, with BRC, had received two bids for the construction of the natural surface trail and had recommended awarding a contract to Terra Tek for the construction of the project. Terra Tek was a local company with a presence in Watauga and Avery Counties and had done work previously at the County-owned Rocky Knob Park. The County was satisfied with Terra Tek’s work. Both quotes received were based upon 2800’ of trail with Terra Tek having a lower per unit cost for trail construction. The trail may exceed 2800’.
Commissioner Turnbow, seconded by Commissioner Yates, moved to award a contract to Terra Tek in the base amount of $39,300 for the construction of 2800’ of natural surface trail with additional footage to be based on the per unit cost.
VOTE: Aye-5
Nay-0
B. Request to Schedule Public Hearing for Community Development Block Grant Coronavirus (CDBG-CV) Program Grant Application Process
Mr. Joe Furman, Planning and Inspections Director, stated that the North Carolina Department of Commerce announced the Community Development Block Grant Coronavirus Program (CDBG-CV). The grant was on a first-come-first-serve basis and the County was eligible for up to $900,000. Mr. Furman stated that he has been soliciting potential projects with several agencies and organizations. The application process requires two public hearings with one early in the process and a second one after a project and budget were identified. With time being of the essence, Mr. Furman requested a public hearing be scheduled at the next regular meeting, October 6, 2020, at 8:30 A.M.
Mr. Furman presented a Citizen Participation Plan, required by and specific to the CDBG-CV program, due to the County’s hearings currently being conducted electronically. The North Carolina Department of Commerce required the Plan, including provisions for electronic hearings, to be adopted prior to the first hearing.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to adopt the Citizens Participation Plan for the Community Development Block Grant Coronavirus Program as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to schedule a public hearing on October 6, 2020, at 8:30 A.M. to allow for public comment on the submission of an application for 2020 Community Development Block Grant funds for the Coronavirus 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 August 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 August 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 August 2020 as presented.
VOTE: Aye-5
Nay-0
Budget Amendments
Ms. Misty Watson, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-343322 |
DPS - COVID-19 |
|
$25,643 |
|
104310-449030 |
COVID-19 Expenses |
$25,643 |
|
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The amendment recognized funds received from the Department of Public Safety – Governor’s Crime Commission for 2020 Coronavirus Emergency Supplemental Funds. |
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105550-449022 |
CARES Act |
$94,057 |
|
|
103300-332009 |
CARES Act Grant |
|
$94,057 |
|
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The amendment recognized the acceptance of the NC Division of Aging and Adults Services funding for the CARES Act as approved per Board action on June 9, 2020. |
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103991-399100 |
Fund Balance |
|
$78,808 |
|
109800-498021 |
Transfer to Capital Projects Fund |
$74,808 |
|
|
213980-398100 |
Transfer from General Fund |
|
$78,808 |
|
219930-459122 |
CIP – Pavement Repairs |
$9,490 |
|
|
219930-459122 |
CIP – Roof Maintenance |
$952 |
|
|
219930-459122 |
CIP – Security Cameras |
$25,663 |
|
|
219930-459122 |
CIP – Repeater System |
$19,000 |
|
|
219930-459122 |
CIP – Fuel Island |
$4,076 |
|
|
219930-459122 |
CIP – Classroom Presentation Technology |
$14,621 |
|
|
219930-459122 |
CIP – Facilities – Furniture & Equipment |
$1,006 |
|
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The amendment returned unused CIP funds from the completed projects, as listed, to set aside Capital Projects Funds for the Schools. |
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103300-314702 |
Board of Elections – CARES Act Funds |
|
$70,585 |
|
104170-449022 |
Board of Elections – CARES Act Expenditures |
$70,585 |
|
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The amendment recognized the acceptance of funds received under Session Law 2020-17 for a sub-grant reserved for Board of Elections under the Coronavirus Relief Fund. |
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|
103300-346000 |
Coronavirus Relief Fund |
|
$1,090,280 |
|
104330-449001 |
CRF – Watauga County |
$626,705 |
|
|
104330-449009 |
CRF – Town of Blowing Rock |
$98,061 |
|
|
104330-449003 |
CRF – Town of Boone |
$177,928 |
|
|
104330-449004 |
CRF – Town of Seven Devils |
$93,528 |
|
|
104330-449005 |
CRF – Town of Beech Mountain |
$94,058 |
|
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The amendment recognized the acceptance of additional funds received under Session Law 2020-4 for money reserved for local governments under the Coronavirus Relief Fund. |
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103991-399100 |
Fund Balance |
|
$100,000 |
|
104285-457007 |
Phase II South Fork Restoration Project |
$100,000 |
|
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The amendment recognized the allocation of funds for Phase II of the South Fork Restoration Project as approved per Board action on January 15, 2019. |
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Vice-Chairman Kennedy, 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 Resolution for Appalachian State University Tower Lease Renewal
County Manager Geouque stated that Appalachian State University requested the renewal of a lease for a tower, antenna, and small building at the County’s Rich Mountain tower site for broadcasting of their radio station. App State has assured there would be no interference with County equipment at that site. If agreeable to the renewal, the Board will need to adopt a resolution authorizing the County Manager and County Attorney to prepare the lease for final consideration at a regular meeting, after the resolution was subject to public notice for ten days. County Manager Geouque stated that the State may require a State Form PO-28 be approved at that meeting as well.
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 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 ten 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.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adopt the resolution authorizing the County Manager to move forward with the lease renewal as presented.
VOTE: Aye-5
Nay-0
B. Announcements
County Manager Geouque announced that the Trustees of Caldwell Community College & Technical Institute invited the Board of Commissioners to a meeting on Wednesday, September 23, 2020, at 6:00 P.M. at the Watauga Student Services Center located at the Watauga Campus on Hwy 105 Bypass, in Boone, North Carolina.
Public Comment
Chairman Welch stated that written comments were made available to view on the County’s website and at the County Manager’s Office.
[Clerk’s Note: Written comments were received by the 5:00 P.M. deadline on September 14, 2020, from the following: A letter from Mr. Tim Gupton, President of Blowing Rock Civic Association, and a letter from Mr. Ron Curtis, President of Blowing Rock Country Club (2020-2021) and Ms. Phyllis Lester, President of Blowing Rock Country Club (2019-2020).]
Vice-Chairman Kennedy asked how the budget looked for Fiscal Year 2022. County Manager Geouque stated that the budget was currently tracking good. At this time the County had faired better than projected in the current Fiscal Year but there were still unknowns for Fiscal Year 2022 in consideration to decisions the State may make due to the COVID-19 pandemic.
Closed Session
At 6:13 P.M., Commissioner Turnbow, seconded by Commissioner Wallin, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
The following lawsuits were included in discussion during closed session: A suit filed against two Sheriff’s Deputies by Mr. Thomas D. Hughes, a lawsuit filed by Watauga County Board of Elections members, and the Town of Boone lawsuit regarding sales tax distribution.
VOTE: Aye-5
Nay-0
Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 6:55 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adjourn the meeting at 6:55 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board