MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 18, 2024
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 18, 2024, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Turnbow called the meeting to order at 5:31 P.M. The following were present:
PRESENT: Larry Turnbow, Chairman
Charlie Wallin, Vice-Chairman
Todd Castle, Commissioner
Braxton Eggers, Commissioner
Ray Russell, Commissioner
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Castle opened with a prayer and Commissioner Eggers led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the June 4, 2024, regular minutes and closed session minutes.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the June 4, 2024, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the June 4, 2024, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the June 18, 2024, agenda.
County Manager Geouque requested to add a support letter request for a Forest Legacy Grant from Mr. Jeffrey Fisher regarding his proposed land donation for conservation purposes. The County Manager also requested to add Personnel Matters to the scheduled Closed Session.
Commissioner Castle, seconded by Vice-Chairman Wallin, moved to approve the June 18, 2024, agenda as amended.
VOTE: Aye-5
Nay-0
Public Comment
The following spoke in support of the Senate Bill 759: Bryson Weaver, Melissa Taushi, Rick Wood, and Ronnie Marsh.
The following spoke in support of the proposed Referendum adopting an alternative structure of voting for Watauga County Commissioners: Jay Fenwick, Emily Bish, Dalton George, Chris Behrend, Mary Rose Carroll, Sara Davis, Brielle Galousy, Austin Smith, Dolly Reeves, and Benjamin Hiland.
Gary Davenport requested more transparency.
Larry Dalot asked for the volume to be turned up.
NC Governor’s Volunteer Awards Presentation
Ms. Rebecca Hall, Executive Director of High Country United Way, presented the North Carolina Governor's Volunteer Service Award to each of the following winners for Watauga County: Recipient #1 was Nannette Clark; Recipient #2 was Fred and JoAnna Fonville; Recipient #3 was Misty Mayfield; Recipient #4 was Jean Rice; Recipient #5 was Dr. Jim Street; and Recipient #6 was the American Red Cross Disaster Action Leadership Team for the High Country. The presentation was for information only and, therefore, no action was required.
Support Letter Request for Forest Legacy Grant
Mr. Jeffrey Fisher, the owner of approximately 1,250 acres that spans Watauga and Caldwell Counties, requested a letter of support for a Forest Legacy Grant for the Buffalo Creek acquisition conservancy project. Mr. Fisher’s 1,250 acres is comprised of ten parcels acquired over a ten year period. Funding for the conservation project would be 75% from the Forest Legacy Program and 25% in the form of a donation from Mr. Fisher. No State or local funding was required.
Commissioner Russell asked if there was a written proposal with budget information and Mr. Fisher responded that there was and he could send it to the Board for review. Commissioner Castle asked if the property was Federal Game Lands. Mr. Fisher stated that hunting and fishing were allowed. Commissioner Eggers stated that he would like to review the report as well.
Chairman Turnbow tabled consideration of a support letter and requested Mr. Fisher send the report to the County Manager who would place the request on the agenda for a future Board meeting.
Proposed Revision to Home & Community Care Block Grant (H&CCBG) FY 2024 Allocation
Ms. Angie Boitnotte, Project on Aging Director, presented a proposed revision to the original allocation of the Home and Community Care Block Grant (H&CCBG) for FY 2024. The proposal was to decrease In-Home Aide Level II services by $4,670 and increase Home Delivered Meals by $4,670.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the revised Home and Community Care Block Grant (H&CCBG) as presented in the packet.
VOTE: Aye-5
Nay-0
Tax Monthly Collections Report
Mr. Larry Warren, Tax Administrator, presented the May Monthly Collections Report. There were no refunds nor releases in May. The report was for information only and, therefore, no action was required.
Disaster Relief and Mitigation Fund Grant Award
Mr. Will Holt, Emergency Services Director, presented a proposed grant agreement with North Carolina Emergency Management for the purpose of purchasing three weather stations, three flood gauges, and the expansion of the flood inundation library for an existing flood gauge. The total grant amount was $40,239 with no match requirement.
Commissioner Russell, seconded by Commissioner Castle, moved to accept the grant from North Carolina Emergency Management in the amount of $40,239.
VOTE: Aye-5
Nay-0
Request for RPO Ranking of Transportation Projects
Mr. Jason Walker, Planning and Inspections Director, presented the following 14 listed projects for possible inclusion in the 2026-2035 State Transportation Improvement Program (STIP) of which he requested the Board rank in order of importance. In an effort to assist the Board, Mr. Walker reorganized the current list showing the order the projects were ranked last time. The rankings were due June 30, 2024.
1 Widen US 421 to Multi-Lanes from the Tennessee Line to US 321/421 junction near Vilas
2 Modernize Highway NC 194 Roadway (including construction of center turn lane and sidewalks from US 221/421 to Rainbow Trail) from US 421 to SR 1333 (Castle Ford Road)
3 Construct Middle Fork Greenway Section 5B along US 321 from the south of Jordan Cook Road to Watauga Medical Center with off-road/separated linear bicycle facility
4 Construct Middle Fork Greenway Section 5C along US 321 between Payne Branch Park and Goldmine Park with off-road/separated linear bicycle facility
5 Widen US 321 Truck, US 421 Truck, SR 1107 (NC 105 Bypass Road) to 3 lanes with 5-foot paved shoulders to accommodate bicycles
6 Improve intersection at Highway SR 1524 (Bamboo) and SR 1523 (Deerfield)
7 Widen Highway NC 105 to Multi-Lanes from 1136 (Clarks Creek Road) to US 221 in Avery County and upgrade arterial to signalized RCI Corridor
8 Construct interchange to improve safety on US 421 from SR 1416 to SR 1672 by upgrading at-grade intersection to interchange or grade separation
9 Improve intersection at US 321 and SR 1233 (Old US Hwy 421)
10 Construct roundabout to improve intersection at US 421 and SR 1180 (Poplar Grove Connector)
11 Construct freeway on new location south of the City of Boone at US 421 (Daniel Boone Parkway) to US 321/421 West of Boone
12 Construct freeway on new location south of the City of Boone at US 421 (Daniel Boone Parkway) from US 221/321 to US 221/421 East of Boone
13 Widen roadway to 3 lanes with 5-foot paved shoulders from SR 1568 (Old Shulls Mill Road) to J.H. Mclean Road
14 Construct greenway along US 321 north of Aho Road and south of Sterling Creek Park with the segment connecting to existing 2 miles of trail and including 2 bridges, parking area, river access, and trail
After discussion, and by consensus, the Board chose to prioritize the top five projects in the following order: #1, #2, #7, #3, and # 4.
Resolution Authorizing Execution of Opioid Settlements and Approving the Second Supplemental Agreement for Additional Funds
Ms. Andrea Capua, County Attorney, presented a resolution accepting the second supplemental agreement for additional opioid funds from the Kroger Settlement. Ms. Capua stated that by adopting the resolution, some funds would come to Watauga County.
Chairman Turnbow read the resolution.
Commissioner Russell, seconded by Commissioner Eggers, moved to adopt the resolution as presented and authorize the County Attorney and County Manager to sign documents needed for Court.
VOTE: Aye-5
Nay-0
Discussion to Consider A Referendum Adopting an Alternative Structure of Voting for Watauga County Commissioners
Chairman Turnbow read a resolution to establish a referendum for the voters of Watauga County to alter the structure of the election of the Board of Commissioners. Three (3) maps were also presented for consideration.
Chairman Turnbow called for discussion.
Commissioner Castle, seconded by Commissioner Eggers, moved to table discussion until the July 2, 2024, meeting to see the progress of Senate Bill 912.
After discussion, the following vote was taken:
VOTE: Aye-2(Castle, Eggers)
Nay-3(Turnbow, Russell, Wallin)
Of the three maps presented, Commissioner Russell stated that Option B was unworkable as District 1 was too large being spread from the Tennessee line to Deep Gap. He liked Option C less as it split Boone and spanned out, which made no sense, and was not cohesive. Commissioner Russell stated that he preferred Option A which had better population numbers; although it does leave Commissioners Russell and Wallin both in District 3.
After discussion, Chairman Turnbow, seconded by Commissioner Russell, moved to choose Map Option A to accompany the resolution establishing a referendum for the voters of Watauga County to alter the structure of the election of the Board of Commissioners.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
Chairman Turnbow stated that he would all Commissioners elected for four year terms and stated that there were four blanks to fill in the proposed resolution. The first blank would indicate Options A, B, & C. The second blank would say Map A and attached hereto. The third blank would say Map A. The fourth blank required discussion from the Board.
For the fourth blank, County Attorney Capua stated that wording would be chosen based on the new districts, not the people currently serving.
Commissioner Russell stated that in November, three Commissioners would each have a four-year term with the new map (Option A).
Therefore, there were two options.
The first resulted in the following two possibilities:
1) there would be one Commissioner is District 1, one in District 2, and one in District 3 with four-year terms
Or . . .
2) there would be two Commissioners is District 1 and one Commissioner in District 3 with four-year terms. Out of the second possibility, one of the two Commissioners in District 1 would be chosen randomly to serve as an At-Large member.
The second option would be for each of the three districts to have a four-year term and there would be a random drawing out of the three to fill an At-Large position so that there was one At-Large seat in each election cycle. Then in 2026 there would be one At-Large four-year term seat and one district four-year term seat.
Commissioner Castle stated that he and Commissioner Eggers have four-year terms currently and their terms wouldn’t be cut short. Commissioner Russell stated that 2026 and 2028 would not be affected.
Chairman Turnbow stated that in District 1 there would be two elections with one going to At-Large. District 3 would not be impacted as both were running in District 3. In District 2 there is currently a Commissioner that will or will not be elected. If elected, then there would be another At-Large position. If not elected, then an At-Large would have to be chosen.
County Attorney Capua stated that she would need to draft the language for the forth blank and asked how the random selection of the At-Large position would be chosen. Vice-Chairman Wallin stated that the Statutes mention to flip a coin. Chairman Turnbow stated to flip a coin to decide. Commissioner Russell stated that he would like an At-Large position in each election cycle.
County Attorney Capua stated that she would draft the wording for the forth blank and circulate it tomorrow and asked for Commissioners to let her know immediately if there were questions or recommended changes.
Commissioner Russell stated that he had concerns about the understandability of the language on the ballot. County Attorney Capua stated that the Board had the authority to discuss it and she would determine that it did not go against Statutes.
County Attorney Capua suggested the follow re-wording for the ballot:
“Shall the structure of the Watauga County Board of Commissioners be changed to: (a) Three electoral districts where commissioners living within a district are nominated and elected by qualified voters within that district and (b) Two at-large seats where qualified voters from the entire county nominate and elect commissioners to those two seats?”
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the changes to the resolution with the new wording for the ballot as presented by the County Attorney and the first blank filled in with “Options A, B, & C” and the second blank be filled in with “Map A” and attached hereto and the third blank be filled in with “Map A” and the fourth blank be filled in with wording drawn by the County Attorney as outlined by Commissioner Russell and Chairman Turnbow as discussed above.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to adopt the resolution to establish a referendum for the voters of Watauga County to alter the structure of the election of the Board of Commissioners as amended in the previous vote.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
Miscellaneous Administrative Matters
A. Proposed Renewal of NC State Highway Patrol Lease
County Manager Geouque stated that the lease for office space at the Law Enforcement Center for the North Carolina State Highway Patrol (NCSHP) was scheduled for renewal. The requested renewal amount was the same rate as the current amount of $4,560 annually. The term of the lease was for a three (3) year period commencing on July 1, 2024 and ending June 30, 2027. County Attorney Capua stated that she had reviewed the lease and it was consistent with prior years.
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the lease with the North Carolina State Highway Patrol (NCSHP) from July 1, 2024 to June 30, 2027.
VOTE: Aye-5
Nay-0
B. North Carolina Association of County Commissioners (NCACC) Legislative Goals
County Manager Geouque presented a copy of the NCACC’s legislative goals with the top three priorities of the Association in 2023-2024 being:
- Seek legislation, funding, and other efforts to expand digital infrastructure/broadband capability to the unserved and under-served areas and residents of the state.
- Seek additional revenue sources to address statewide public school and community college capital needs and ensure methods used to distribute school capital funding considers the needs of both low-wealth and growing counties. Revisions to the Needs-Based Public School Capital Fund that will allow for more access to counties and allow for faster school construction to include allowing projects that have not previously been awarded a grant to commence and remain eligible for future grant application periods.
- Support expansion of Medicaid as well as related funding and operational flexibility for counties to expand county workforce and necessary infrastructure.
Based on comments at a previous Board Meeting, the County Manager presented the following for consideration as Watauga County’s Legislative Goals priorities for 2024-2025:
1. Amend 105-369(c ) to allow counties to advertise delinquent taxes on the county website in lieu of a general circulation newspaper.
2. Seek additional revenue sources, including a statewide bond referendum and expanded lottery proceeds, and changes to the Needs-Based Public School Capital Fund, to equitably address statewide public school and community college capital challenges.
3. Increase state funding and support legislation for behavioral health services and facilities, including dedicated resources for community paramedicine projects; inpatient crisis beds; substance use disorders; specialty courts; individuals with mental health issues in county jails; and single stream funding for area authorities.
4. Seek legislation to give counties flexibility with use of occupancy taxes.
Discussion was held regarding a homestead tax exemption and it was requested to include that in the priorities as well. County Manager Geouque stated that he would work with the NCACC for wording for the priority.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the four priorities presented by the County Manager as well as an additional priority for a homestead tax exemption as worded by the County Manager with assistance from the NCACC.
VOTE: Aye-5
Nay-0
C. July Meeting Schedule
County Manager Geouque stated that historically, only one meeting was held in July due to all the work which had been done on the budget as well as the July 4th holiday. Also, historically, at the beginning of a new fiscal year there was limited business for the Board’s consideration.
Commissioner Castle, seconded by Commissioner Russell, moved to cancel the July 2, 2024 regular meeting and hold the second meeting as currently scheduled for July 16, 2024.
VOTE: Aye-5
Nay-0
D. Boards and Commissions
County Manager Geouque presented the following for consideration:
Workforce Development Board
Ms. Misty Bishop-Price with the High Country Council of Governments Workforce Development Board (WDB) had indicated that Ms. Jessica Auten’s appointment as a private sector member representing Watauga County would end on June 30, 2024. A new appointment was needed to fill this position as Ms. Auten had not been able to participate. The only person who has expressed interest in serving at this time was Mr. JD Kern who works with Blue Ridge Realty and was very involved in both the Boone and Blowing Rock Chambers of Commerce. However, Mr. Kern resides in Banner Elk. Ms. Bishop-Price stated that this has happened on the WDB where members represent one county while living in another.
Chairman Turnbow, seconded by Commissioner Eggers, moved to appoint Mr. JD Kern as a Watauga County private sector representative on the High County Workforce Development Board.
VOTE: Aye-5
Nay-0
E. Announcements
County Manager Geouque announced that the first regular meeting in July has been cancelled; therefore, the next Board of Commissioners Meeting was to be held on Tuesday, July 16, 2024, at 5:30 P.M.
Closed Session
At 8:23 P.M., Vice-Chairman Wallin, seconded by Commissioner Russell, 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
Vice-Chairman Wallin, seconded by Commissioner Eggers, moved to resume the open meeting at 9:27 P.M.
VOTE: Aye-5
Nay-0
Possible Action After Closed Session
There was no action after closed session.
Adjourn
Vice-Chairman Wallin, seconded by Commissioner Castle, moved to adjourn the meeting at 9:27 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board