MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JULY 21, 2020
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, July 21, 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.
Vice-Chairman Kennedy called the remote electronic meeting to order at 5:34 P.M. by calling roll with each Commissioner answering as present. The following were present:
PRESENT VIA ELECTRONIC MEANS:
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 announced that Chairman Welch was not able to attend the meeting.
Commissioner Yates opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.
Approval of Minutes
Vice-Chairman Kennedy called for additions and/or corrections to the June 16, 2020, regular meeting and closed session minutes.
Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the June 16, 2020, regular meeting minutes as presented.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the June 16, 2020, closed session minutes as presented.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Approval of Agenda
Vice-Chairman Kennedy called for additions and/or corrections to the July 21, 2020, agenda.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to approve the July 21, 2020, agenda as presented.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
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.
School Board Request to Amend the Valle Crucis Historic District Ordinance
Dr. Scott Elliott, Watauga County School Superintendent, shared appreciation for AppHealthCare as well as the County Manager and Emergency Management Office for the help given while working on a return to school plan amid the COVID-19 pandemic.
Dr. Elliott shared a resolution recently adopted by the Watauga County Board of Education authorizing the acquisition of property located in the Valle Crucis area for a new elementary school. The property was approximately 14.4 acres at a cost of $1,105,000. On behalf of the Watauga County Board of Education, Dr. Elliott requested the Board of Commissioners proceed with the following text amendment to the Valle Crucis Historic District Ordinance.
· 2.3 Exemption of Bona Fide Farms and Public Schools. This ordinance shall not be applicable to bona fide farm, but any use of farm property for non-farm purposes is subject to the regulations. Bone Fide Farm purposes include production of crops, fruits, vegetables, ornamental and flowering plants, dairy, poultry and all other forms of agricultural products having a domestic or foreign market.
Sections 2.4, 2.5 shall not be applicable to public schools.
County Manager Geouque stated that public comments, regarding the property purchase, were received after the deadline for the July 21 meeting and would be included with the August 4, 2020, Board meeting. Comments to be included in the August 4, 2020, Board meeting were due by 5:00 P.M. on Monday, August 3, 2020, and could be submitted through email to: [email protected] or delivered to the County Manager’s Office.
Vice-Chairman Kennedy tabled action to allow for the receipt of additional public comments.
Proposed Parking Structures
Mr. Matthew Oetting, Project Manager with McGill Associates, stated that he had been working with the Town of Boone, who was in a partnership with the County, on a proposed parking deck to be located at the Town-owned Queen Street parking lot. Mr. Oetting presented two options which he had previously presented at the Town’s meeting on July 16, 2020.
Option 1 would be a three level deck, 160,000 square feet, and would house 450 parking spaces in the structure and 33 spaces in the exterior lot. The estimated project cost for Option 1 was $15,500,000. Option 2 would be a three level deck, 103,000 square feet, and house 270 spaces in the structure and 51 spaces in two exterior lots. The estimated project costs for Option 2 was $10,000,000. The cost for both options excluded mechanical ventilation, temporary soil retainage, and land/easement acquisition. Mr. Oetting stated that he used the Appalachian State University Stadium Precinct Parking Deck for cost source data.
County Manager Geouque presented a rough draft of a potential parking deck at the County-owned Turner and Ginn lots. This would be a County project, separate from the joint Town/County contract for parking deck services. A two level parking deck on the Ginn lot would cost roughly $3,500,000 per level and house 250 parking spaces. A parking lot with a deck that extended from the Ginn lot over the Turner lot would cost roughly $2,500,000 and house 80 – 100 spaces.
Discussion was held during which Commissioner Turnbow stated that it was imperative for a Commissioner, the County and Town Managers, and a Town of Boone Council Member meet to discuss how much each entity would pay.
The presentation was for information only; therefore, no action was required.
Tax Matters
A. Monthly Collections Report
Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of June 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 June 2020 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the Refunds and Releases Report for June 2020 as presented.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
C. Annual Settlement of Tax Collector
Tax Administrator Warren presented the following Annual Settlement Statements for Fiscal Year 2020 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the Annual Settlement Statements for Fiscal Year 2020.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
D. Oath to Collect Taxes
Mr. Warren presented a proposed order granting authorization to collect taxes for Fiscal Year 2020. Once approved, a sworn oath would be administered to Tax Administrator Warren.
Commissioner Wallin, seconded by Commissioner Yates, moved to grant authorization for Tax Administrator Warren to collect taxes for Fiscal Year 2021.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
E. Motor Vehicle Value Appeal
Mr. Larry Warren stated that Ms. Nancy Eastman had contacted the tax office to appeal the value of her 2015 Subaru Outback. Her tax bill was based on a value of $11,000. The condition and mileage of her car was considered and adjusted to the value of $9,460, which reduced her tax liability, by $1.79. Mr. Warren advised her that he was not willing to adjust the vehicle further and, therefore, she appealed to the County Commissioners for consideration.
Since Ms. Eastman continued to appeal the value as adjusted by Mr. Warren, her appeal would be heard by the Motor Vehicle Valuation Review Committee (MVVRC). Since the last appeal reviewed by the committee was approximately 20 years ago, Mr. Warren requested the Board appoint the Board of Commissioners as the Motor Vehicle Valuation Review Committee to hear the appeal.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to appoint the Board of Commissioners to serve as the Motor Vehicle Valuation Review Committee.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Since Ms. Eastman was present remotely with Mr. Warren the Board considered her appeal at this time. Ms. Eastman stated that she had gone to several local dealerships and asked them to value her car. Ms. Eastman stated that she believed the value should be $8,365.
Mr. Warren stated that she presented the Kelley Blue Book print outs from the dealerships with each one reflecting “Trade In Value” and not Fair Market Value or Retail Value. NC Statute, 105-330.2 states, “…value is determined using the most currently available January 1 retail value of the vehicle.” Mr. Warren stated that the value provided through the North Carolina Department of Motor Vehicles was $9,460. That amount would depreciate by ten percent each year. This would cause the tax amount owed to be forty-four cents more than the value Ms. Eastman had requested.
MVVRC Member Turnbow, seconded by MVVRC Yates, moved to set the value of Ms. Eastman’s 2015 Subaru Outback at the North Carolina Division of Motor Vehicles amount of $9,460.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Maintenance Matters
A. Bid Award Request for Health Department Chiller Repair
Mr. Robert Marsh, Maintenance Director, presented the following bids for a compressor for the chiller unit at the Health Department building:
|
BIDDER |
NEW COMPRESSOR |
REBUILT COMPRESSOR |
|
HVAC, Inc. |
$17,854.00 (Includes refrigerant, 1-year warranty) |
Refused to bid a rebuilt compressor but instead submitted proposal for complete chiller replacement ($89,934.00) |
|
Daikin |
$27,243.00 (Includes refrigerant) |
$21,320.00 (Includes refrigerant) |
|
Hoffman |
$27,290.75 (Includes 5-year warranty; refrigerant not included) |
$16,586.42 (Includes refrigerant, 1-year warranty) |
Mr. Marsh recommended the rebuilt compressor from Hoffman Mechanical Solutions in the amount of $16,586.42. Hoffman Mechanical Solutions was the lowest responsive bidder for a rebuilt compressor. Mr. Marsh stated that the entire chiller unit was scheduled for replacement in Fiscal Year 2025 due to age and the phasing out of the R22 refrigerant units currently used. Adequate funds have been budgeted to cover the expense of the replacement which is expected to last until the entire unit is replaced. Discussion was held as to whether it would be best to go ahead and replace the entire system at this time.
After discussion, Vice-Chairman Kennedy tabled consideration to allow staff time to obtain quotes for replacing the entire system.
B. Proposed Courthouse and Administration Building Roofing Project Design Build Amendment
Mr. Robert Marsh stated that Watauga County entered into a Design-Build agreement with Muter Construction on December 16, 2019, for the construction and design of a metal truss, standing seam metal roof for the Courthouse and a standing seam metal reroof for the Administration Building. Muter Construction has completed the construction drawings and cost analysis phase of the project.
The amendment to the design build contract was submitted on July 14, 2020, in the amount of $835,686. The anticipated substantial completion date was to be 180 days from acceptance of this agreement. Adequate funds have been budgeted to cover this expense which was in line with the initial projected cost.
Commissioner Turnbow, seconded by Commissioner Yates, moved to approve the amendment for $835,686 with Muter Construction for the construction and design of a metal truss, standing seam metal roof for the Courthouse, and a standing seam metal reroof for the Administration Building.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Proposed Vending Contract for County Facilities
On behalf of Mr. Stephen Poulos, Parks and Recreation Director; County Manager Geouque presented bid proposals from Triangle Vending Water and Coffee Service, High Country Vending, Pepsi Bottling Ventures and Coca-Cola Bottling Co. for vending services in County facilities. Triangle Vending Water and Coffee Service, based out of Jefferson, NC, was recommended to provide services for all Watauga County facilities, including the Community Recreation Center (CRC). References from Watauga Medical Center, Avery Mitchell Correction Facility, and Manheim Auto Auction in Statesville, NC, provided outstanding references for their services. The County Manager stated that upon choosing a vendor, a contract will be prepared.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to award the bid for vending services to Triangle Vending Water and Coffee Service contingent upon the County Attorney either reviewing or preparing a contract for execution.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Budget Amendments
Ms. Misty Watson, Finance Director, reviewed the following budget amendments:
|
Account # |
Description |
Debit |
Credit |
|
103300-343306 |
CWMTF Grant |
|
$365,000 |
|
103839-384000 |
Donations – Brookshire Wetlands and Stream |
|
$115,000 |
|
104287-457001 |
Restoration |
$480,000 |
|
|
|
|
|
|
|
The amendment recognized the completion of the Clean Water Management Trust Fund (CWMTF) Grant for wetlands construction on Brookshire Road as approved per Board action on June 19, 2018. |
|||
|
|
|||
|
143300-343300 |
Adoption Promotion Funds |
|
$4,642 |
|
145410-440006 |
Adoption Proclamation |
$4,642 |
|
|
|
|
|
|
|
The amendment recognized funds received from NC DHHS for the enhancement of programs to encourage and support adoption. |
|||
|
|
|||
Commissioner Wallin, seconded by Commissioner Yates, moved to approve the budget amendments as presented by Ms. Watson.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
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 Coronavirus Aid, Relief, and Economic Security (CARES) Act. In addition, it holds in reserve $150 million subject to action by the federal government.
Watauga County received $1,164,018 in relief funds in the first round. Staff developed a plan for the expenditure of the relief funds. The funds were recommended and approved to 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 North Carolina General Assembly authorized round two of the Coronavirus Relief Funds (CRF) under Session Law 2020-4. Watauga County received an additional $1,090,280 in round two giving a total between round one and round two of $2,254,298. Of this total, $563,575 was required to be allocated amongst the four municipalities in the County. The County could choose the allocation method in sharing CRF funds with the municipalities. The County allocated in round one $100,000 to the Towns of Blowing Rock, Beech Mountain, Seven Devils, and Boone thus leaving an additional $463,575 to be allocated.
The County Manager stated that staff recommended allocating the additional funds with a 20% base of the $463,575 to each Town and the remaining balance to be allocated based on a per capita method as follows:
1) Town of Beech Mountain $94,058
2) Town of Blowing Rock $98,061
3) Town of Boone $177,928
4) Town of Seven Devils $93,528
5) Watauga County $626,705
The County Manager stated that each Town would be required to submit their plan to the County by August 25, 2020, in order to meet the September 1, 2020, North Carolina Pro deadline. The County would amend the existing plan that the Board adopted previously to reflect the additional $626,705.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to adopt and submit the plan as presented to the North Carolina Office of State Budget and Management.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
B. Appointment of the North Carolina Association of County Commissioners’ (NCACC) Annual Conference Voting Delegate
County Manager Geouque stated that the North Carolina Association of County Commissioners' (NCACC) Annual Business Session would be held virtually on Thursday, August 6, 2020, at 11:00 A.M. The session would focus on elections for NCACC leadership positions. Each county in attendance was required to select a voting member for representation. Submission of the voting delegate was due Monday, August 3, 2020. More information on the Conference was available at: https://www.ncacc.org/809/2020-Annual-Conference.
Commissioner Yates, seconded by Commissioner Turnbow, moved to appoint Commissioner Wallin as the Watauga County Voting Delegate for the Business Session of the North Carolina Association of County Commissioners Annual Conference.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
C. Proposed Amendments to the County’s Electronic Meeting Policy
County Manager Geouque presented the following proposed amendments to the County’s current Electronic Meeting Policy with the additions in red print and the deletions in strikethrough:
5. Public Comment: Citizens wishing to provide public comments during electronic meetings may send comments to [email protected]. Comments received by 5:00 PM the day prior to the official meeting date will be read by the Chairman and made a part of the official record. Board members and/or Commissioners will be given an opportunity to respond to comments submitted. Comments received after the 5:00 PM deadline will be read at the next regularly scheduled meeting and made a part of the official record with the same opportunity to comment. of the next regularly scheduled Board meeting.
The County Manager stated that public comments were included on the County’s website for each electronic meeting and, therefore, the reading of the comments was an unnecessary duplication. The public would be better served by viewing the comments online versus trying to locate and listen to the Chairman read the public comments in the recording of the meeting. The County Manager stated that the change would eliminate duplication, better provide access to the public, and provide for a more efficient meeting. The County Manager suggested reading comments submitted for the meeting in progress with the new policy to be in effect for the August 4, 2020, and future electronic meetings.
Commissioner Turnbow, seconded by Commissioner Yates, moved to adopt the Electronic Meeting Policy as amended and to be effective beginning with the August 4, 2020, regular meeting.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
D. Boards and Commissions
County Manager Geouque shared the following for consideration:
Economic Development Commission
Mr. Walter Kaudelka’s term on the Economic Development Commission (EDC) expired in June. There was a limit of two (2) consecutive terms of which Mr. Kaudelka served; therefore, he was ineligible for reappointment. Mr. Charlie Bateman submitted a volunteer application for consideration to serve on this Board. This was a second reading.
Commissioner Turnbow, seconded by Commissioner Wallin, moved to appoint Mr. Charlie Bateman to the Economic Development Commission.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Nursing Home Community Advisory Committee
Ms. Stevie John, Regional Ombudsman with High Country Council of Governments, requested that Mr. Tim Racz be removed from the Nursing Home Community Advisory Committee. Recommendations for a replacement have not been received.
Commissioner Yates, seconded by Commissioner Wallin, moved to remove Mr. Tim Racz from the Nursing Home Community Advisory Committee.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
E. Announcements
County Manager Geouque announced the following:
· The 113th North Carolina Association of County Commissioners (NCACC) Annual Conference would be held virtually with registration including all virtual sessions on August 5, 6, 14, and 15. Details for the conference were located at: https://www.ncacc.org/809/2020-Annual-Conference and registration information was at: https://ncaccevents.org/events/ac2020/. There was no cost for the virtual conference for County Officials and Staff.
· Commissioner Wallin encouraged citizens to participate in a broadband survey which would help to determine areas within the County in need of internet service.
Public Comment
Vice-Chairman Kennedy read written comments as submitted by: Mr. Tim Gupton, Mr. Deron Geouque, and Mr. Bill Pressly.
Written comments were also made available through the County Manager’s Office and on the County’s website.
Closed Session
At 8:01 P.M., Commissioner Yates, 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: The Town of Boone lawsuit regarding sales tax distribution and the lawsuit against the Town of Boone regarding the water allocation.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Commissioner Turnbow, seconded by Commissioner Wallin, moved to resume the open meeting at 8:57 P.M.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Adjourn
Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 8:57 P.M.
VOTE: Aye-4(Kennedy, Turnbow, Wallin, Yates)
Nay-0
Absent-1(Welch)
Billy Kennedy, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board