MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 2, 2021
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, March 2, 2021, at 5:30 P.M. remotely with the meeting originating in the Community Room located in the Watauga County Community Recreation Center, Boone, North Carolina.
Chairman Welch called the remote electronic meeting to order at 5:38 P.M. The following were present:
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Carrington Pertalion, Commissioner
Charlie Wallin, Commissioner
Larry Turnbow, Commissioner
Anthony di Santi, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Wallin 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 February 16, 2021, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the February 16, 2021, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the February 16, 2021, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the March 2, 2021, agenda.
Commissioner Wallin, seconded by Commissioner Turnbow, moved to approve the March 2, 2021, agenda as presented.
VOTE: Aye-5
Nay-0
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.
Cooperative Extension Matters
A. Update on the High Country Kill/Chill Facility
Mr. Jim Hamilton, Cooperative Extension Director, stated that the proposal for the Golden Leaf Northwest Sector Community Based Grant Initiative program to create and construct new facilities for livestock slaughter and processing (currently referred to as the kill/chill facility) in Watauga County was submitted on February 11, 2021, in the amount of $1.46 million. Since the submittal, Mr. Hamilton stated that he had met with the County Manager and Mr. Rex Buck, Operation Services Director, to discuss the potential project further. The report was for information only and, therefore, no action was required.
B. Request to Submit Tobacco Trust Fund Grant Proposal
Mr. Hamilton requested the County apply to the Tobacco Trust Fund grant program for $220,236 for funding to equip the proposed kill/chill facility with adequate coolers/chillers and other processing equipment for the facility which would be needed to provide for the most efficient slaughter and packing needed for operation.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to grant authorization to apply to the Tobacco Trust Fund in the amount of $220,236.
VOTE: Aye-5
Nay-0
Mr. Hamilton stated that, on Friday, February 26, 2021, another proposal was submitted to the USDA Rural Business Development Grant Program for North Carolina for an additional $150,000 to supplement the Golden Leaf and Tobacco Trust Fund funding proposals for additional equipment needs to enhance automation and efficiency at the proposed kill/chill facility. The County would serve as the fiscal agent. No match was required.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to grant authorization to apply to the USDA Rural Business Development Grant Program for North Carolina in the amount of $150,000.
VOTE: Aye-5
Nay-0
In the event the County was not awarded the Golden Leaf grant, the request to the Tobacco Trust Fund (TTF) and USDA Rural Business Development Grant Program would be withdrawn.
Soil and Water Conservation Funding Acceptance Agreement
Ms. Michelle Kasey with Watauga Soil and Water Conservation District presented the 2021-2023 technical assistance grant which funds a portion of the Soil and Water Conservation Tech position. The grant was in the amount of $28,487 and was budgeted in the Fiscal Year 2021-2022 budget.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to accept the grant as presented.
VOTE: Aye-5
Nay-0
Maintenance Matters
A. Bid Award Request for Health Department Chiller Replacement
Mr. Robert Marsh, Maintenance Director, stated that, in July of 2020, staff requested the Board approve a bid for a rebuilt compressor from Hoffman Mechanical Solutions, Greensboro, NC, in the amount of $16,586.42 for the Health Department building. The entire chiller unit for that building was scheduled for replacement in the FY 2024-2025 budget due to age and the phasing out of R22 refrigerant units.
At that time, the Board tabled the decision in consideration of replacing the entire chiller unit. Staff engaged Holston Engineering to review the existing mechanical system and to prepare bid documents for a chiller that matched the existing mechanical system. Holston completed the bid documents in January 2021, and staff immediately began the bid process.
Holston Engineering reviewed a bid submittal from Jeff Hargett Mechanical and confirmed their equipment was compliant with all bid specifications. $15,000 was currently budgeted in the General Fund with the remaining $54,000 to be appropriated from the Maintenance Facilities Capital Improvement Fund.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid in the amount of $69,000 to Jeff Hargett Mechanical for the replacement of the Health Department chiller and the appropriation of $54,000 from the Maintenance Facilities Capital Improvement Fund.
VOTE: Aye-5
Nay-0
B. Bid Award Request for Sealing/Striping Parking Lots
Mr. Robert Marsh presented the following bids for the asphalt sealing and striping of County lots:
|
Bidder |
Option 1 |
Option 2 |
|
Ram Pavement Charlotte, NC |
$39,710 (2 coat spray) |
$50,120 (1 coat squeegee & 1 coat spray) |
|
Cactx Surfaces Winston-Salem, NC |
$34,751 |
|
|
Carolina Pavement Technology Cary, NC |
$23,670 (2 coat spray) |
$30,126 (1 coat squeegee & 1 coat spray) |
Of the three bids received, Carolina Pavement Technology was the lowest responsive bidder for Option 2 in the amount of $30,126. Carolina Pavement Technology satisfactorily completed previous County projects. Adequate funds were available in the Fiscal Year 2020-2021 budget.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to award the bid to Carolina Pavement Technology in the amount of $30,126 for asphalt sealing and striping.
VOTE: Aye-5
Nay-0
C. Proposed Sports Complex Lighting Change Order # 1
Mr. Robert Marsh stated that Tommy Lawrence Electric was recently approved to provide sports lighting for the tennis, basketball, and pickleball courts at the new Community Recreation Center (CRC). Upon additional consideration and due to switching equipment, staff requested a quote for upgrading to LED lighting. The additional cost for LED lights was $36,100. The return on investment (ROI) for the upgrade was approximately ten years with a ten-year warranty. Adequate funds were available to cover the increase.
Commissioner Pertalion, seconded by Vice-Chairman Kennedy, moved to approve Change Order # 1 for the upgrade to LED lights for the outdoor facilities at the new Community Recreation Center which increased the project amount by $36,100.
VOTE: Aye-5
Nay-0
Proposed Appointment of Home & Community Care Block Grant (H&CCBG) Advisory Committee and Lead Agency
Ms. Angie Boitnotte, Project on Aging Director, stated that each year the Board was required to appoint a lead agency and advisory committee to make recommendations on how to best expend the County’s allocation from 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 H&CCBG committee: Commissioner Pertalion, Nicole Hiegl, Jennifer Greene, Gail Pinkham, Betsy Richards, Holly Robinson, Jesse Smathers, Pat Coley, Kat Danner, Linda Marcoux, Mary Moretz, Carolyn Owens, and Dr. Ed Rosenberg. Commissioner Pertalion had already been appointed to the Committee at the December 7, 2020, Board of Commissioners meeting.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to waive the second reading and appoint Nicole Hiegl, Jennifer Greene, Gail Pinkham, Betsy Richards, Holly Robinson, Jesse Smathers, Pat Coley, Kat Danner, Linda Marcoux, Mary Moretz, Carolyn Owens, and Dr. Ed Rosenberg to the Home and Community Care Block Grant Advisory Committee.
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Pertalion, moved to appoint the Watauga County Project on Aging as the Lead Agency for Home and Community Care Block Grant funds.
VOTE: Aye-5
Nay-0
Planning and Inspections Matters
A. Proposed Community Development Block Grant – COVID-Relief (CDBG-CV) Program Sub-Recipient Contracts
Mr. Joe Furman, Planning and Inspections Director, stated that the County was recently awarded Community Development Block Grant – COVID-Relief (CDBG-CV) funds. Mr. Furman stated that the High Country Council of Governments administering the CDBG-CV grant; however, one of the conditions required the County to execute agreements with all of the partners in the project which were identified as sub-recipients. These include W.A.M.Y. Community Action, Daymark Recovery Services, Hospitality House, and High Country United Way. Mr. Furman stated that the Project on Aging was also a sub-recipient; however, since it was a County Department, the County should not have to contract with itself.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the sub-recipient contracts with W.A.M.Y. Community Action, Daymark Recovery Services, Hospitality House, and High Country United Way as presented.
VOTE: Aye-5
Nay-0
B. Proposed Planning and Development Ordinance
Mr. Furman stated that, effective January 1, 2021, Article 18 of North Carolina General Statue (NCGS) 153A and Article 19 of NCGS 160A were repealed and combined into NCGS Chapter 160D which was currently in effect. Mr. Furman’s staff has worked on updating all of the County’s planning and development ordinances to bring them into compliance by the July 1, 2021, deadline. In the meantime, until the County adopted the updated ordinances, NCGS Chapter 160D would override the County’s current ordinances. Mr. Furman stated that staff has worked to create one all-inclusive planning and development ordinance to meet the deadline of July 1, 2021. Mr. Furman also proposed to codify all County Ordinances at a later date.
Mr. Furman stated that the new proposed Planning and Development Ordinance was presented and approved by the Planning Board on February 15, 2021. All proposed amendments within the document were prompted by NCGS Chapter 160D. The proposed amendments were presented by Mr. Furman as follows (with Planning Board action in bold print):
- “Chapter 1, effective date. To be determined
- Chapter 5, amount of civil penalties. The statute requires the County to set by ordinance the $ amount of civil penalties. Currently our ordinances have varying amounts, or no amount at all. Staff proposed to standardize the amount to $100, which is typical in ordinances elsewhere. An option would be $50, which is the amount of criminal penalties for misdemeanors in the statutes. Planning Board approved $100.
- Chapter 5, definition of site-specific development plan for vested rights purposes. The County must define what “counts” as such a plan; staff proposed any plan/plat requiring Planning Board or Board of Adjustment approval is such a plan, upon request of the applicant. Planning Board approved staff recommendation.
- Chapter 10, Foscoe Grandfather conditional zoning industrial district. Currently the Foscoe Grandfather Zoning Ordinance includes a two-step process for industrial uses. First, a property must be rezoned to industrial (legislative decision ultimately made by the Board of Commissioners). Second, since there is no list of permitted uses in that district, the Board of Adjustment must grant a conditional use permit (quasi-judicial decision). NCGS 160D prohibits this process and replaces it with conditional zoning, which is a legislative decision made by the Board of Commissioners. The proposed ordinance includes that, and also a list of permitted uses. Planning Board approved staff recommendation. Related to the above, NCGS 160D eliminates the term conditional use permit, and replaces it with the term special use permit. The proposed ordinance incorporates that throughout.
- Chapter 13, duration of High Impact Land Use permit. It is currently two (2) years, can remain as such, or can revert to NCGS 160D default one (1) year. Planning Board approved default one (1) year.
- Chapter 20, appeal of Valle Crucis Historic Preservation Commission decisions. NCGS 160D provides the option of appeal to the Board of Adjustment or directly to Superior Court. The current historic district ordinance provides for appeal to the Board of Adjustment; staff proposed that be changed to Superior Court. The reason for the recommendation is that the appeal is in the nature of certiorari (the appeal board/judge reviews the record only), and the Board of Adjustment is not used to operating that way, whereas the Superior Court is. Planning Board approved staff recommendation.”
Chairman Welch stated that the proposed Ordinance was more user friendly and reiterated that the only changes from the County’s current ordinances were those mandated by the State.
Mr. Furman requested a public hearing be scheduled for April 6, 2021, which would allow time for proper advertising. The public hearing would allow citizen comment on the proposed Planning and Development Ordinance as presented by Mr. Furman.
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to schedule a public hearing for April 6, 2021, at 5:30 P.M. to allow for citizen comment on the proposed Planning and Development Ordinance as presented by Mr. Furman and approved by the Planning Board.
VOTE: Aye-5
Nay-0
Miscellaneous Administrative Matters
A. Proposed Architectural Services Contract with Clark Nexsen for Valle Crucis School Project
County Manager Geouque stated that Clark Nexsen was recently selected for architectural services for the new Valle Crucis Elementary School. The County Manager presented a proposed contract for consideration with Clark Nexsen as reviewed by staff and the County Attorney. The contract detailed services to be provided by Clark Nexsen. The total fee for architectural services and on-site utilities design and construction administration was $2,664,000. Funds were budgeted in the Future Valle Crucis School Capital Project Fund.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to accept the contract with Clark Nexsen in the amount of $2,664,000 for architectural services and on-site utilities design and construction administration with funds to come from the Future Valle Crucis School Capital Project Fund.
VOTE: Aye-5
Nay-0
B. Boards and Commissions
County Manager Geouque presented the following as a reminder:
Boone Rural Fire Protection Service District Board
Watauga County Planning Board
County Manager Geouque stated that each Commissioner nominates a representative to the Boone Rural Fire Protection Service District Board and the Watauga County Planning Board whose terms run concurrent with the term of the appointing Commissioner. Planning Board members must live within the appointing Commissioner’s District and action must be taken by the entire Board of Commissioners to make these appointments. Boone Rural Fire Service District Board members must own property and reside within the Fire Service District. No action was taken.
C. Announcements
County Manager Geouque announced the following:
· The High Country Council of Governments will hold their Virtual Legislative Day on March 22, 2021, from 10:00 A.M. until 12:00 P.M. with additional information to follow.
· Parks and Recreation will host a Drive-Thru Bunny Trail Parade on Sunday, March 28, 2021, from 2:00 - 4:00 P.M. at the new Community Recreation Center.
· High Country Senior Games will be ongoing from May to July in 2021. More information was available at Parks and Recreation.
· Due to the Governor lifting some COVID-19 restrictions, the Community Recreation Center (CRC) had a scheduled opening date of Monday, April 26, 2021. Vaccine Clinics would continue to be held in a portion of the gym area until no longer needed. The County Manager stated that staff began, as previously given direction by the Board, the hiring process for the CRC and available positions were listed on the County’s website. Those interested could sign up for membership with the CRC or on the County’s website.
Chairman Welch stated that the Silver Sneakers Program could not begin until the facility had been open for approximately two months; however, the CRC also offered senior memberships. Chairman Welch also announced that the outside courts for sports such as tennis, basketball, and pickleball would be replaced over the Summer as there had been permitting issues with the Town of Boone.
Chairman Welch announced that Legislative Goals would be considered at the next meeting for submission to the North Carolina Association of County Commissioners.
Public Comment
There was no public comment.
Closed Session
At 6:58 P.M., Commissioner Wallin, seconded by Vice-Chairman Kennedy, 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
Chairman Welch announced that there would be no action after closed session.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 8:40 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 8:40 P.M.
VOTE: Aye-5
Nay-0
John Welch, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board