MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 17, 2021
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 17, 2021, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Welch called the meeting to order at 5:32 P.M. The following were present:
PRESENT: John Welch, Chairman
Billy Kennedy, Vice-Chairman
Carrington Pertalion, Commissioner
Larry Turnbow, Commission
Charlie Wallin, Commissioner
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Wallin opened with a prayer and Commissioner Pertalion led the Pledge of Allegiance.
Approval of Minutes
Chairman Welch called for additions and/or corrections to the August 3, 2021, regular meeting and closed session minutes.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the August 3, 2021, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the August 3, 2021, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Welch called for additions and/or corrections to the August 17, 2021, agenda.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the August 17, 2021, agenda as presented.
VOTE: Aye-5
Nay-0
Public Hearing to Allow Citizen Comment on the Consideration of Submitting A Grant Application for Building Reuse Funds from the NC Department of Commerce to Provide Funds to Loan To “Project Checkout”
A public hearing was scheduled to allow public comment on a consideration of submitting a grant application for Building Reuse funds from the NC Department of Commerce.
Mr. Joe Furman, Economic Development Director, stated that the grant would provide funds to loan to “Project Checkout” to renovate a building for a local existing company, which would facilitate the creation of up to an estimated 40 jobs (although only a commitment of providing 31 jobs would be listed on the grant application). The jobs created would hold an annual income of $59,000 and above. The loan would be forgiven if at least 31 jobs were created and maintained for at least six months. A 5% local match was required with the estimated amount being up to $25,000. The match could not be in-kind. Mr. Furman proposed the County provide the local match to be allocated from the Economic Development Capital Reserve Account funds. Mr. Furman stated that the Economic Development Commission (EDC) scheduled a meeting but did not have a quorum present. Even though the meeting couldn’t be held for an official vote, all EDC members supported the grant application and match commitment.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to call the public hearing to order at 5:41 P.M.
VOTE: Aye-5
Nay-0
As there were no citizen comments, Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to close the public hearing at 5:41 P.M.
VOTE: Aye-5
Nay-0
Commissioner Wallin, seconded by Commissioner Pertalion, moved to authorize the submission of the grant application for Building Reuse funds from the NC Department of Commerce for “Project Challenge.”
VOTE: Aye-5
Nay-0
Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the allocation of match funds in an amount up to $25,000 from the Economic Development Capital Reserve Account upon award of the grant.
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.
State of Emergency (SOE) Discussion
Due to the increased cases of COVID-19 in Watauga County, County Manager Geouque presented a draft State of Emergency which included the following wording:
· Private businesses are highly encouraged to follow current NC Department of Health and Human Services guidance.
· Face coverings are highly encouraged in all County buildings and shall be required in areas where space or operations require close contact. Additional restrictions shall be enforced as imposed by the Governor of North Carolina by Executive Order 117 and subsequent Executive Orders as applicable.
The County Manager stated that the proposed State of Emergency would provide a framework for future action, should it be warranted, that may be required to address the evolving conditions associated with the COVID-19 Delta and other possible variants. The State of Emergency followed the same successful guidelines and recommendations utilized by the County during the height of the pandemic. County offices remained opened to the public during the COVID-19 pandemic with just the initial shutdown to develop effective measures, protocols, and guidelines to ensure the safety of staff and the public while allowing County operations to continue.
Mr. Geouque stated that County Departments were currently utilizing the following guidelines and protocols:
Sheriff’s Office
· All detention staff have been/are wearing masks due to the congregate environment.
· Bailiffs have been wearing masks in courtrooms.
Social Services
· Masks while in public areas in Human Services Building.
· Masks when communicating face to face with clients.
· Clients wearing masks when face to face with employees.
· One person or family was allowed in the lobby at a time.
· Limiting client access to DSS areas when possible. If not possible, staff to meet clients in hallways, conference/meeting areas.
· Employees to avoid congregating in personal offices and meetings between employees to take place in areas where social distancing can take place.
The proposed State of Emergency would require seniors to wear masks at both senior centers due to the combined risk of age and congregate setting. At this time, the Community Recreation Center (CRC) would follow the current NCDHHS guidelines with staff wearing masks who were in direct contact with the public or in public areas of the facility and encouraging patrons to do so as well. Equipment has been spaced out to provide for social distancing and, if required, staff could limit pieces of equipment used to provide additional space for social distancing. Several departments received COVID-19 modifications to their office areas to limit face to face contact with employees and the general public. Citizens were able to utilize online services – website, online payment, email, and telephone to limit visiting County facilities. All County personnel would be required to wear masks in public areas and while having face to face contact with citizens. Signs would be placed in all County buildings encouraging the public to wear masks and be vaccinated with a bar code directing individuals to the current NCDHHS guidelines. Future meetings of the Board of Commissioners and County affiliated Boards and Commissions would continue to meet in-person and adhere to the North Carolina Open Meetings Law.
Mr. Geouque stated that the proposed State of Emergency provided a solid baseline and allowed flexibility for County Departments to determine if additional protocols and measures were required.
Discussion was held in favor of requiring, rather than recommending, the wearing of masks in Watauga County buildings. Commissioner Wallin questioned who would enforce the mandate. Vice-Chairman Kennedy stated that the mandate would only be for County buildings; however, businesses in the County were highly encouraged to require masks as well.
After lengthy discussion, Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to adopt the State of Emergency to become effective on Wednesday, August 18, 2021, at 5:00 P.M. with the wording amended as follows:
· Private businesses are highly encouraged to follow current NC Department of Health and Human Services guidance.
· Face coverings are highly encouraged required in all County buildings and shall be required in areas where space or operations require close contact. Additional restrictions shall be enforced as imposed by the Governor of North Carolina by Executive Order 117 and subsequent Executive Orders as applicable.
VOTE: Aye-4(Welch, Kennedy, Pertalion, Turnbow)
Nay-1(Wallin)
Water Street Parking Presentation
Mr. Bill Dixon, Appalachian Architecture, presented the following three (3) options for the Water Street parking area as a result of a previously authorized contract to provide limited renderings and cost estimates for parking at the Water Street location:
· Option 1 was the least expensive at a cost of $384,560 for a total of 63 parking spaces including the Ginn lot. The current parking spaces in the Ginn lot do not actually reflect the actual useable number of spaces. Option 1 would create 36 new spaces and reduce the Ginn lot from 47 spaces to 27 actual useable spaces. The reduction in spaces would allow for properly dimensionalized spaces, adequate ingress and egress lanes, and snow removal space. Another choice for Option 1 would be to just resurface both lots with proper marking of parking spaces which would be a cost of approximately $250,000.
· Option 2 would create a parking table over the Water Street parking area that connected to the Ginn lot. The cost was $1,776,060 and would provide a total of 87 parking spaces. 29 spaces would be created on the Water Street lot with the reduction in spaces from Option 1 due to the structural supports for the upper level deck. The upper level would have 58 spaces.
· Option 3 was the most expensive option but provides the most parking spaces of 139 at a cost of $5,033,600. This option would require the removal of the retaining wall as well as the soil from the Ginn lot where a new structure would be built in the place of both parking areas. This Option was less complicated than Option 2 and offered the most parking spaces.
Mr. Dixon stated that Options 2 and 3 would require the parking structures to meet the Town of Boone regulations.
After discussion and by consensus, the Board agreed to direct Mr. Dixon to bring back a preliminary contract for design services and construction documents including preliminary costs for Option 3.
Proposed Change Order # 3 for Middle Fork Greenway
Mr. Joe Furman, Planning and Inspections Director, presented Change Order #3 for the Middle Fork Greenway Section 4 project in the amount of $25,137.00. Mr. Furman stated that even more additional unsuitable soils and drainage were discovered during construction. As with Change Orders #1 and #2, the Blue Ridge Conservancy would provide the funds for the Change Order.
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve Change Order #3 in the amount of $25,137.00 with the funds to come from the Blue Ridge Conservancy.
VOTE: Aye-5
Nay-0
Maintenance Matters
A. Recognition of Steven Moody’s Award of the Order of the Long Leaf Pine Award
Mr. Robert Marsh, Maintenance Director, shared with the Board that he had nominated Mr. Steven Moody, who recently retired as Watauga County Maintenance Mechanic Crew Chief with thirty-three years of service to the State of North Carolina and Watauga County for the Order of the Long Leaf Pine Award.
Chairman Welch officially presented Mr. Steven Moody with the Order of the Long Leaf Pine as awarded by North Carolina Governor Roy Cooper.
B. Tractor Bid Award Request
Mr. Robert Marsh presented the following bids for a 2021 4x4 compact tractor:
|
Bidder |
Tractor |
Bid |
|
Pennell & Sons Lenoir, NC |
Massey Ferguson GC1725 M 24.5 HP |
$20,519 |
|
East TN ATV Elizabethton, TN |
Massey Ferguson GC1725 M 24.5 HP |
$24,356 |
|
James River Wilkesboro, NC |
John Deere 1025 R 18 HP |
$24,941 |
Mr. Marsh recommended awarding the bid to the lowest responsive bidder, Pennell & Sons, in the amount of $20,519. The tractor would be used for snow removal and landscaping at the Community Recreation Center (CRC). Adequate funds were available in the current Fiscal Year 2021-2022 budget.
Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to award the bid to the lowest responsive bidder, Pennell & Sons, for a Massey Ferguson GC1725 M 24.5 HP tractor in the amount of $20,519.
VOTE: Aye-5
Nay-0
Additional and Revised Allocation of FY 2021 Home & Community Care Block Grant (H&CCBG) Funds
Ms. Angie Boitnotte, Project on Aging Director, will request the Board revise the original allocation of the Home and Community Care Block Grant (H&CCBG) approved June 1, 2021. The FY 21 allocation was $293,576, which required a local match of $32,619. The Project on Aging received additional H&CCBG funds with the final allocation of $307,546 (+$13,970) which required a local match of $34,172 (+$1,553). The local match was present in the current budget and the funds would be allocated as follows:
|
H&CCBG Service |
H&CCBG Allocation |
Match |
|
In-Home Aide Level I |
$87,221 |
$9,691 |
|
In-Home Aide Level II |
$63,105 |
$7,012 |
|
Congregate Meals (drive-thru) |
$39,469 |
$4,385 |
|
Congregate Meals (dining room) |
$3,056 |
$340 |
|
Home Delivered Meals |
$109,546 |
$12,172 |
|
Transportation |
$5,149 |
$572 |
Commissioner Turnbow, seconded by Commissioner Pertalion, moved to approve the revised Home and Community Care Block Grant (H&CCBG) funds as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
Tax Monthly Collections Report
County Manager Geouque, on behalf of Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of July 2021. The report was presented for information only and, therefore, no action was required.
Budget Amendments
Ms. Misty Watson, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
313839-395123 |
Fines and Forfeitures |
|
$210,000 |
|
315911-463200 |
Watauga County Board of Education |
$210,000 |
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The amendment was required by NC General Statute 115C-452 as all fines and forfeitures collected by the State Court system and local governments be remitted to counties and appropriated to the school district and budgeted. |
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323341-395124 |
Deeds of Trust – permits and fees |
|
$72,000 |
|
324180-463210 |
Distributions to State of NC |
$72,000 |
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The amendment recognized fees collected by the Register of Deeds Office for filing a deed of trust or mortgage document. A portion of these fees were remitted monthly to the State of North Carolina and were required to be budgeted. |
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103200-326600 |
ABC Bottle Tax |
|
$2,152 |
|
105890-469484 |
Blue Ridge Mediation – ABC Funds |
$2,152 |
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The amendment recognized additional bottle tax funds received. |
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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. Watauga County Broadband Initiative
County Manager Geouque presented the following information:
At the August 3, 2021 meeting, the Board tabled action until the August 17, 2021, meeting for staff to provide possible projects regarding the American Recovery Plan (ARP) funding.
Summary from August 3 Meeting
Several areas of the County have been identified as underserved when it comes to broadband services through citizen contacts, petitions, surveys, and federal and state data. The current pandemic has amplified the lack of broadband services in areas throughout the county. The goal was to close the digital divide in our county and allow access to digital commerce, telehealth, online education, and digital media for our citizens.
The current proposal would build approximately seventy-five (75) miles of trunk fiber by Blue Ridge Energy and SkyLine/SkyBest to provide seventy-eight (78) miles of distribution fiber for approximately 1,565 homes to access. The project would consist of four phases and be constructed over a two and half (2.5) year process. The four phases would be as followed:
· Phase 1 – Triplett/Powder Horn - would provide the largest amount of access to homes (503) and territory. 29 miles of fiber built.
· Phase 2 – Wildcat/Stoney Fork – access for 310 homes. 20 miles of fiber built.
· Phase 3 – Blackberry/Sampson -access for 252 homes. 16 miles of fiber built.
· Phase 4 – Howard’s Creek/Ray Brown/Raven Rock – access for 500 homes. 10 miles of fiber built.
The project would utilize the American Rescue Plan Act of 2021 (ARP) funds. The estimated cost was $7 million dollars. The county received $10,911,724.00 in ARP funding. A small amount of funding has been utilized to cover unbudgeted COVID-19 expenses related to the detention facility. County staff continued to review and develop projects for the ARP funding. Broadband was one of the projects that had been identified as high priority especially in lieu of the pandemic and the need for remote learning and work. The project would increase the footprint of broadband services, address several of the underserved areas, and lay the groundwork for future expansion. An additional benefit of the project was that staff had requested a set aside of fiber for future county buildings or emergency communication towers or equipment located along the expansion.
Information follows regarding request received for ARP funding:
Project Estimated Cost Balance of ARP Funding
Beginning Total - $10,911,724
Detention Facility- Unbudgeted
COVID-19 Expenses $50,000 $10,861,724
Broadband Initiative $7,000,000 $ 3,861,724
Kill/Chill Facility $500,000 $ 3,361,724
Valle Crucis Elementary School
Water/Sewer/Stormwater $2,145,000 $ 1,216,724
Workforce Housing ???
Outside Agency Requests
OASIS – 1 Time Mortgage Relief $50,000
Children’s Council –
Reoccurring Services $100,000
Club Twelve
Initial $5,000
Reoccurring Services $5,000 to $10,000
Mountain Alliance has also inquired about funding.
Following the August 3, 2021, meeting, staff requested Blue Ridge Energy and Skyline/Skybest to reduce the cost of the Broadband Initiative project or increase individuals served at no additional cost. Also, staff requested a cost estimate to serve the remaining 5% that would not be serviced by this agreement.
Ultimately, Blue Ridge Energy and Skyline/Skybest returned with a proposal to increase the homes covered from 87% to 95% covered. Mr. Brad Shields with Blue Ridge Energy stated that the new proposal would add approximately $750,000 to the project cost but would include sixty-five additional homes which would bring Watauga County to 95% covered with available broadband services. Mr. Robbie Farmer with Skyline/Skybest stated that the costs were kept down to $750,000, in part, due to Skyline/Skybest eating approximately $500,000 in costs associated with the project. Mr. Farmer stated that was possible because Skyline/Skybest had determined it was worth eating the costs to add the additional homes while already working on the project rather than having to come back at a later time (which would ultimately cost more).
Mr. Farmer also shared information on the Emergency Broadband Benefit Program which was available for families who may not afford broadband. The Program was currently temporary and scheduled to end after the COVID-19 pandemic; however, there was a Senate Bill in the works to extend the subsidy indefinitely.
County Manager Geouque stated that Blue Ridge Energy and Skyline/Skybest also agreed to save fiber for future County infrastructure as well. Mr. Shields stated that material costs and lead times continued to grow for fiber optic projects.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to approve the broadband initiative for Watauga County with Blue Ridge Energy and Skyline/Skybest as presented and to include the additional homes at a cost of $7,750,000 with the contract to be contingent upon the County Attorney’s review and the funds to be allocated from the America Rescue Plan (ARP).
VOTE: Aye-5
Nay-0
B. Boards and Commissions
County Manager presented the following:
Valle Crucis Historic Preservation Commission
The Valle Crucis Historic Preservation Commission terms begin and expire during the month of September. Erin Welsh’s three-year term expires in September, 2021. She would like to continue to serve and requested to be reappointed.
Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to waive and reappoint Erin Welsh to a three-year term on the Valle Crucis Historic Preservation Commission.
VOTE: Aye-5
Nay-0
C. Announcements
County Manager Geouque announced that the High Country Council of Governments’ 46th Annual Banquet was scheduled for Friday, September 10, 2021, at Linville Ridge.
The following spoke during public comment against a mask mandate:
Jasmine Shoshanna
Kyndy Boyle
Maggie Violtt
Daniel Hatcher
Evenlight Eagles
Jessica Hicks
James Byrch spoke regarding the need for affordable housing.
Closed Session
At 7:47 P.M., Commissioner Pertalion, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Pertalion, seconded by Vice-Chairman Kennedy, moved to resume the open meeting at 8:59 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to adjourn the meeting at 8:59 P.M.
VOTE: Aye-5
Nay-0
John Welch, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board