MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

MONDAY, DECEMBER 5, 2016

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 5, 2016, at 8:30 A.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      Jimmy Hodges, Chairman

                                                David Blust, Vice-Chairman

                                                Billy Kennedy, Commissioner

                                                John Welch, Commissioner

Perry Yates, Commissioner

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Hodges called the meeting to order at 8:30 A.M.

 

Vice-Chairman Blust opened the meeting with a prayer and Commissioner Yates led the Pledge of Allegiance.

Approval of Minutes

Chairman Hodges called for additions and/or corrections to the November 15, 2016, regular meeting and closed session minutes.

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the November 15, 2016, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Kennedy, seconded by Vice-Chairman Blust, moved to approve the November 15, 2016, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Recess Meeting for Swearing In of New Commissioners

At 8:32 A. M. Chairman Hodges recessed the meeting to allow for Commissioners-Elect Larry Turnbow, John Welch, and Perry Yates to take their oath of office.

Reconvene

Chairman Hodges reconvened the meeting at 8:39 A.M. in the Commissioners’ Board Room with Commissioners Hodges, Kennedy, Turnbow, Welch, and Yates present.

Board Organizational Matters

The meeting was turned over to County Manager Geouque for the election of the Chairman of the Watauga County Board of Commissioners.

A.  Election of Officers

County Manager Geouque called for nominations for Chairman of the Watauga County Board of Commissioners.

 

Commissioner Yates, seconded by Commissioner Hodges, moved to nominate Commissioner Welch for Chairman.

 

 

VOTE:  Aye-5

             Nay-0

 

The meeting was then turned over to Chairman Welch.

 

Chairman Welch called for nominations for Vice-Chairman of the Watauga County Board of Commissioners.

 

Commissioner Turnbow, seconded by Chairman Welch, moved to nominate Commissioner Kennedy for Vice-Chairman.

 

VOTE:  Aye-5

             Nay-0

B.  Staff Appointments

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to reappoint Deron Geouque as the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to reappoint Anita Fogle as Clerk to the Board.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to reappoint both Monica Harrison and Tammy Adams as Substitute Clerks to the Board.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to appoint di Santi, Watson, Capua, Wilson, & Garrett as the Law Firm representing Watauga County as legal counsel for Watauga County including the Watauga County Department of Social Services and the Child Support Enforcement Offices.

 

VOTE:  Aye-5

             Nay-0

C.  Fidelity Bonds. 

The following individual fidelity bonds were presented for approval:

 

Position                                 Bond Amount       Statutory Requirement

 

Finance Director                   $50,000                 No less than $50,000, per NCGS 159-29

 

Deputy Finance Director      $50,000

(County Manager)

 

Tax Collector                        $50,000                 Amount considered reasonable

                                                                                  by BCC, NCGS 105-349-c

 

Register of Deeds                 $50,000                 At least $10,000 but no more

                                                                                        than $50,000, NCGS 161-4

 

Sheriff                                   $25,000                 Amount considered reasonable by BCC,

                                                                                        but no more than $25,000 max, NCGS 162-8

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the individual fidelity bonds as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the Chairman to the Board of Commissioners, County Manager, and Finance Director as signatories for the County’s Banking Accounts and to approve the banks used by the County.

 

VOTE:  Aye-5

             Nay-0

D.  Commissioner Appointments to Boards & Commissions

Each Commissioner nominates a representative to the Watauga County Planning Board whose term would run concurrent with the term of the appointing Commissioner.  Planning Board members must live within the appointing Commissioners District and action must be taken by the entire Board of Commissioners to make these appointments.

 

Chairman Welch nominated Mr. Neil Hartley for reappointment; Commissioner Turnbow nominated Ms. Nicole “Nikki” Bauman for appointment; and Commissioner Yates nominated Mr. Todd Castle for reappointment.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to waive second readings and reappoint Mr. Hartley and Mr. Castle and to appoint Ms. Nicole “Nikki” Bauman to the Watauga County Planning Board.

 

VOTE:  Aye-5

             Nay-0

 

Each Commissioner appoints a representative to the Boone Rural Fire Protection Service District Board whose term will run concurrent with the term of the appointing Commissioner.  Boone Rural Fire Service District Board members must own property and reside within that Fire Service District.

 

Chairman Welch nominated Mr. Lee Stroupe for reappointment; Commissioner Turnbow nominated Ms. Katy Abrams for appointment; and Commissioner Yates nominated Mr. Tommy Critcher for reappointment.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to waive second readings and reappoint Mr. Stroupe and Mr. Castle and appoint Ms. Katy Abrams to the Boone Rural Fire Protection Service District Board.

 

VOTE:  Aye-5

             Nay-0

 

The following Commissioner Board appointments were made by Chairman Welch:

 

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to accept the appointments as made by Chairman Welch.

 

VOTE:  Aye-5

             Nay-0

E.  Regular Meeting Schedule

Chairman Welch stated that the Board of Commissioners’ regular meetings were currently scheduled for the first Tuesday of each month at 8:30 A.M. and the third Tuesday of each month at 5:30 P.M.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to retain the regular meeting schedule for the Watauga County Board of Commissioners as follows:  the first Tuesday of each month at 8:30 A.M. and the third Tuesday of each month at 5:30 P.M.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the December 5, 2016, agenda.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the December 5, 2016, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

Request to Accept Governor’s Crime Commission Grant Award

Sheriff Hagaman stated that in February, the Board approved the Sheriff’s Office request to submit a grant to the North Carolina Governor’s Crime Commission.  The grant has been awarded, upon acceptance, in the amount of $23,400 and will be used to purchase new mobile computers and rifles for patrol officers.  There is no County match required.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to accept the grant in the amount of $23,400 with the Governor’s Crime Commission to acquire the equipment as presented.

 

VOTE:  Aye-5

             Nay-0

Proposed Revisions to the Tourism Development Authority (TDA) Bylaws

Mr. Wright Tilley, Watauga County TDA Executive Director, will present revisions to the bylaws for the TDA.  The changes are marked in red and require the Board of Commissioners approval.  The primary change is increasing the Board by one member.  The remaining changes are clarification and modification to the original language to reflect the differences from the adoption of the bylaws to current times.

 

Article Ill- Section 1:               Recommend the TDA board be enlarged from {6) members to (7) members in order to allow for more board input from area tourism partners.  Recommending deleting the wording regarding the terms of inaugural board members as this no longer applies.

Article Ill- Section 2a:             Recommend deleting the wording regarding original appointees as it is no longer relevant.  Recommend defining that the 3-year terms begin on March 1 and expire on Feb. 28, three years from the start date.

Article Ill- Section 3a & 3b:    The enabling legislation mandates that at least 1/3 of the board be members who actively collect the occupancy tax and that 50% of the TDA board be active in the promotion of travel and tourism in Watauga County District U.  If the board size is increased from 6 members to 7 members, at least (3) members who collect the occupancy tax and at least (4) members who are active in the promotion of travel and tourism would be needed.  The members who collect the tax can also be included to meet 3 of the 4 members required for the latter.

Article Ill- Section 4:               The proposed change corrects a typo and changes the word "reminder" to “remainder.”

Article Ill- Section 5:               Recommend removing the language regarding the County Manager or his designee serving as Secretary of the TDA.  This was initially put in place prior to the hiring of a full-time TDA staff.  By removing the County Manager language we would also need to change "These two individuals shall not be members ..." to "This individual shall not be a member ...”.

Article V- Section F:               Recommend deleting section F because the prior section E already covers tourism related expenditures in a broader scope.

Article VI- Section 1:              Recommend changing the hours required for written notice of special called meetings to 48-hours written notice instead of 96-hours written notice.

Article VIII:                              Changes the adoption date of the bylaws from 2006 to 2016.

 

Vice-Chairman Kennedy recommended leaving Article V- Section F in the Bylaws.

 

After discussion, Commissioner Yates, seconded by Commissioner Hodges, moved to approve the revisions of the Tourism Development Bylaws as presented and leaving Article V- Section F in the Bylaws.

 

VOTE:  Aye-5

             Nay-0

Request to Accept Chestnut Ridge Middle Fork Greenway Easement

In July 2015, Ms. Ann Browning, then Middle Fork Greenway Executive Director, requested authorization to submit a pre-application to the North Carolina Division of Parks and Recreation for Section 1 of the Middle Fork Greenway project.  On June 30, 2015, a new application round was announced, with pre-applications due on July 14, 2015.  The maximum grant award was $100,000.  Middle Fork Greenway requested the County apply for $100,000 for construction funds for the greenway.

 

The cost estimate for completion of Section 1 was $990,000, which will be provided through a combination of grants, private donations and Tourism and Development Authority commitments.  The Watauga County TDA committed a total of $225,000 over the next three years.  Middle Fork Greenway was to provide assistance on the grant application.  If awarded, County staff would administer the grant.  In the not too distant future, Middle Fork Greenway was to request the County assume the easement for this project.

 

Ms. Wendy Patoprsty, the new Middle Fork Greenway Executive Director, presented the Board with a request for the County to assume the twenty (20) foot wide easement through Chestnut Ridge (Appalachian Regional Healthcare System – Blowing Rock).  The Easement was drawn by former County Attorney Eggers.  The plan is for the County to accept all of the easements for the Middle Fork Greenway.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to accept the twenty (20) foot wide easement through the Chestnut Ridge property as presented by Ms. Patoprsty.

 

VOTE:  Aye-5

             Nay-0

Project on Aging Annual Report

Ms. Angie Boitnotte, Project on Aging Director, presented the annual comprehensive evaluation of the agency’s operations and policies as required by the NC Division of Health Service Regulation.

 

The following amendments were recommended to the Project on Aging’s Policy:

 

SUBJECT:  CONFIDENTIALITY

 

POLICY

 

1.     To protect the client’s right to privacy.

2.     To protect the service records from loss, alteration, unauthorized use, or damage.

3.     To be compliant with federally mandated Health Insurance Portability and Accountability Act (HIPAA).

 

PROCEDURE

 

1.   All requests for client information are reviewed to determine whether or not the individual requesting the information will be allowed access to the information based on HIPAA regulations.

2.   Clients will receive a copy of Watauga County Project on Aging’s Notice of Privacy Practices at the time of the initial assessment, but no later than the date of the first service delivery by the Watauga County Project on Aging, and to other persons upon request.

3.   The Watauga County Project on Aging staff member who provides the agency’s Notice of Privacy Practices to a client shall obtain written acknowledgement of the client’s receipt of the Notice of Privacy Practices.  The written acknowledgement shall be obtained by the client signing the Acknowledgement of Receipt form which will be filed in the client’s file.

4.   The Watauga County Project on Aging shall obtain the individual’s written authorization in accordance with HIPAA policies prior to using or disclosing protected health information.

5.   The original service record is filed securely in the agency office.

6.   Employees are informed that they can be terminated for violating the Project on Aging’s confidentiality policy.

 

SUBJECT:  ADMISSION OF CLIENTS

 

POLICY

 

Acceptance of clients who are referred to or request in-home services is based on the reasonable expectation that the client’s home care needs can be met by the Project on Aging staff in the client’s place of residence.

 

 

PURPOSE

 

1.   To establish specific admission requirements for acceptance of clients for In-Home Aide services.

2.   To assess referrals for appropriateness of admission to Project on Aging services.

 

PROCEDURE

 

1.   For Level I and II In-Home Aide clients, the In-Home Aide Supervisor or the Registered Nurse assesses all referrals for appropriateness of admission for In-Home Aide services by considering the following:

a.   Adequacy and suitability of agency personnel and resources to provide the services required by the client.

b.     A reasonable expectation that the client’s medical, personal and social needs can be met adequately at home.

c.      The presence of adequate physical facilities in the client’s home for his plan of care.

d.     The availability or absence of family or substitute family members able and willing to participate in the client’s care when necessary to ensure the safety of the client.

e.     The availability of formal or informal services or support (hired help or agency services)

f.      The client’s home is located in the geographical area served by the Watauga County Project on Aging (Watauga County).

2.   With the permission of the client, the referral source will be notified when one or more needed and requested services (including assessment) cannot be provided to a specific client within a time frame requested by the referral source and established by agency policy.

3.   With the permission of the client, services will be coordinated with and referrals made to other appropriate agencies when the agency is unable to respond to a request for service promptly, or to continue to provide service.

4.   All clients are accepted for care regardless of color, creed, age, or sex in accordance with Title VI of the Civil Rights Act.

 

SUBJECT:  DISCHARGE OF CLIENTS

 

POLICY

 

Clients are discharged from the Project on Aging when services are no longer needed or desired, or the agency determines that the client’s needs can no longer be met with the resources available to the agency.

 

PURPOSE

 

1.   To establish specific criteria for the discharge of clients from the Project on Aging.

2.   To ensure consistent treatment of all clients served by the Project on Aging.

 

PROCEDURE

 

1.   The In-Home Aide Supervisor reviews all discharges for appropriateness of discharge from the Project on Aging.

2.   Clients may be discharged from the Project on Aging for the following reasons:

a.   The client no longer needs the Project on Aging services.

b.   The client or caregiver indicates that he or she no longer wishes to receive services from the Project on Aging agency.

c.   The client or caregiver harasses (sexually or otherwise) staff or volunteers.

d.     The home situation becomes unsafe for agency staff, volunteers, or client.

e.      The client or caregiver will not cooperate with the agreed upon care plan.

f.      The client is admitted to a hospital, nursing home, rest home, or other institutional setting, or is absent for any reason, for more than thirty (30) days.

g.     The client expires.

h.     The Project on Aging does not have adequate resources to furnish the level of services needed by the client.

i.       The client obtains other formal services such as Medicaid PCS, CAP, or Hospice, or obtains hired assistance.

3.   The client or caregiver will be involved in the discharge planning process whenever possible.

4.   Advance notice of at least 48 hours will be given to the client or responsible party when service provision is to be reduced or terminated, except in cases where the client is in agreement with the changes, there is a danger to a client or staff member, or the physician terminates services.

5.   The Project on Aging will provide information about other community services and agencies that may be beneficial to the client when applicable to the client’s situation.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to accept the changes to policy and approve the Annual Report as presented by Ms. Boitnotte.

 

VOTE:  Aye-5

             Nay-0

Budget Amendments

Ms. Margaret Pierce, Finance Director, reviewed the following budget amendments:

 

Account #	Description	Debit	Credit
103300-343307	NC General Assembly Grant		$100,000
103311-312009	Donation from TDA for Recreation		$60,000
104283-469500	Contracted Services-Parks	$160,000
The amendment recognized the acceptance of the NC General Assembly grant funds and the donation from the Watauga County District U Tourism Development Authority on behalf of the Middlefork Greenway.  No County dollars are required for this contract.
103991-399100	Fund Balance Appropriated		$3,415,887
109800-498021	Transfer to Capital Projects Fund	$2,800,000
104199-418300	Other Post Employment Benefits	$470,887
104310-454000	Sheriff’s Office Capital Outlay-Vehicle	$105,000
104268-458000	Anderson Building Capital Outlay-Building	$40,000
213980-398100	Transfer from General Fund		$2,800,000
219930-459122	Watauga County Schools – CIP Set Aside	$300,000
219930-461202	Recreation – Pool Renovations	$2,000,000
219930-441701	Facilities Maintenance	$250,000
219930-461100	Emergency Communications	$250,000
The amendment transferred the FY 2016 increase in unassigned fund balance per the County Manager’s recommendation.
103300-349909	NC Lottery Funds		$37,500
105911-471000	Proposed Lottery		$300,000
105911-470001	Carpet/Tile Replacements	$30,000
105911-470003	Blowing Rock Fire Alarm System	$57,500
105911-470010	Green Valley Window Replacements	$40,000
105911-470019	Green Valley Gym Doors	$15,000
105911-470021	WHS Stadium Water Issues	$120,000
105911-470022	WHS Batting Facility	$50,000
105911-470023	Elementary School Bleachers	$25,000
The amendment allocated funds for the requested Lottery projects approved by the Board of Commissioners and the NC DPI.

Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  January’s Meeting Schedule

County Manager Geouque stated that the Board has traditionally cancelled one of the meetings in December or January depending on how the holidays have fallen.  Due to where Christmas and New Year fall during the week, staff would recommend the Board cancel the first meeting in January as there would be insufficient time to prepare the Board packets.  Historically, December and the first weeks in January have few issues requiring Board action.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to cancel the January 3, 2017, Board of Commissioners meeting.

 

VOTE:  Aye-5

             Nay-0

B.  Boards and Commissions

Economic Development Commission

There are two vacancies on the Economic Development Commission.  One vacancy is an unfulfilled term expiring June, 2017, and the other is an unfulfilled term expiring June, 2018. Those seats were occupied by individuals who have moved from Watauga County.  The EDC has fourteen members; nine are appointees, the other five serve by virtue of their organizations, including one Commissioner.  All members vote.

 

Several unsolicited volunteer applications had been received for various Boards and Commissions.

 

Chairman Welch tabled consideration to allow time to review the applications.

C.  Announcements

County Manager Geouque announced the following:

 

·       The Register of Deeds Staff invites you to join them for holiday goodies on Monday, December 12, 2016, from 2:00 – 4:00 P.M. in the Land Records Office.

·       The Annual County Christmas Luncheon, scheduled on Tuesday, December 13, 2016, will be held at Dan’l Boone Inn from 11:45 A.M. to 2:00 P.M.

·       The Essentials of County Government course will be held the following dates:

 

January 6-7, 2017 Winston-Salem

January 25-26, 2017   Asheville

February 8-9, 2017     Raleigh

February 22-23, 2017 New Bern

Public Comment

There was no public comment.

Closed Session

At 9:25 A.M., Commissioner Hodges, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to resume the open meeting at 10:14 A.M.

VOTE:  Aye-5

             Nay-0

Adjourn

Chairman Welch adjourned the meeting at 10:14 A.M.

 

 

John Welch, Chairman

 

 

ATTEST:

 

Anita J. Fogle, Clerk to the Board