MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, AUGUST 2, 2022

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 2, 2022, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.

 

Vice-Chairman Kennedy called the meeting to order at 5:33 P.M.  The following were present:

 

PRESENT:                  Billy Kennedy, Vice-Chairman

                                    Carrington Pertalion, Commissioner

                                    Larry Turnbow, Commissioner

                                    Charlie Wallin, Commissioner

                                    Anthony di Santi, County Attorney

Deron Geouque, County Manager

Anita J. Fogle, Clerk to the Board

 

[Clerk’s Note:  Chairman Welch was not in attendance due to a prior commitment.]

 

Commissioner Wallin 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 July 19, 2022, regular meeting minutes.

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the July 19, 2022, regular meeting minutes as presented.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

Approval of Agenda

Vice-Chairman Kennedy called for additions and/or corrections to the August 2, 2022, agenda.

 

Commissioner Wallin requested to add a report from Beanstalk Theatre to the beginning of the agenda.

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the August 2, 2022, agenda as amended.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

Beanstalk Report

Ms. Andrea McDonough, Executive Director and Co-Founder of Beanstalk Theatre, thanked the Board for supporting the Appalachian Theatre subsidy fund allowing grants for local non-profit groups to use the Theatre.  The Beanstalk Theatre presented Shrek The Musical for three nights at the Appalachian Theatre and had the largest crowds they have ever had.  Ms. McDonough stated that Beanstalk Theatre was created ten years ago to help give middle-schoolers theatrical opportunities.  Ms. McDonough shared a couple of thank you notes from participants and stated that two more performances were anticipated for the coming Fall and Spring.  The report was given for information only and, therefore, no action was taken.

Blue Ridge Relay

Mr. Ken Sevensky with Blue Ridge Relay stated that the Relay was a 200-mile relay-style running race that began in 2005 and starts in Grayson Highlands State Park, VA, and finishes in Asheville, NC.  Mr. Sevensky stated that this year’s race is scheduled for September 9, 2022, with runners projected to be in the Boone area from approximately 12:30 – 8:30 P.M.  There would be 150-200 runners (one from each team) on the road at any given time with in-active runners being transported in team vans.

 

Historically, the Blue Ridge Relay course followed the Blue Ridge Parkway to bypass Boone by using the following route:  Hardin Road to Old Hwy 421 in Deep Gap where they joined the Blue Ridge Parkway from Parkway Elementary School to Blowing Rock and then ran Hwy 221 South from Blowing Rock to Linville.  The Blue Ridge Parkway is not issuing special use permits for that section of the Parkway this year due to road maintenance.  Therefore, the following route has been created to re-route runners from Todd to Blowing Rock:  Roby Green Road to Old Hwy 421 to Hwy 421 to Brookshire Road to the Greenway at Brookshire Park to Greenway Road to Winklers Creek Road to Blowing Rock.

 

Mr. Sevensky shared that he has submitted a Special Use Permit Application to the Town of Boone to run the Boone Greenway and presented his request at the July 13, 2022, Boone Town Council Meeting.  Mr. Sevensky is also in communication with Major Kelly Redmon of the Watauga County Sheriff’s Office and Patrol Captain Daniel Duckworth of the Boone Police Department.

 

Permission has been given for the use of the following areas as Support Stations for relay teams:  Green Valley Community Park, Bethelview United Methodist Church (Ridge Road), High Country Soccer Association (to use one of the parking lots of the Ted Mackorell Soccer Complex), Greenway Baptist Church (Greenway Road), and the Blowing Rock Pool.

 

Mr. Sevensky requested the following:  permission to allow runners to use the Greenway along the Ted Mackorell Soccer Complex, Brookshire Park, and New River Hills Road for the purpose of the Blue Ridge Relay; permission to use a parking lot at the Ted Mackorell Soccer Complex as a support station; and a written letter of support to the North Carolina Department of Transportation (NCDOT) to have a single lane closure on Hwy 421 on September 9, 2022, from approximately 12:00 – 8:00 P.M. with Blue Ridge Relay to pay associated costs.

 

After discussion, Commissioner Pertalion, seconded by Commissioner Turnbow, moved to approve the Blue Ridge Relay requests with the understanding that details would be worked out with the County Manager.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

Kill/Chill Facility Update

 

Mr. Jim Hamilton provided an update on the “Kill-Chill” facility.  Mr. Hamilton stated that last June (2021) notification was received of Golden LEAF’s commitment to the proposed facility that required $1 million of matching funds.  To date the following funds have been committed and/or awarded:           $500,000 from Watauga County via American Rescue Plan funding in Dec. 2021

$220,236 from Tobacco Trust Fund in Dec. 2021

$100,000 from the Appalachian Regional Commission in Jan 2022

$75,000 from Opportunity Appalachia (primarily to fund consultant/planning)

$474,450 from the NC Agricultural Development Trust Fund (through NCDA)

$2,369,686 Total, including Golden LEAF funding

 

There was also a proposal pending from the USDA MPPEP (Meat and Poultry Processing Expansion) Program which would cover 20% of all project expenses.  Notification from the MPPEP program would be later this Summer or early Fall.  These additional funding sources allow moving forward into the pre-construction/construction phase of the project.

 

Mr. Hamilton stated that there were enough funds for a slaughter floor and that he was awaiting to hear from the consultant.  Mr. Hamilton stated that he would work with the County Manager on the preliminary design and layout to see where to go from here.

Proposed Recommendations to the High Impact Land Use (HILU) Regulations Spacing Requirements

Mr. Joe Furman, Planning and Inspections/Economic Development Director, presented a proposed amendment to add to #3: “or a roadway designated by Watauga County as a Gateway” following “designated as a NC Scenic Byway” to the spacing requirements for Category 1 and 2 High Impact Land Uses from the regulations (Chapter 13 of the Planning & Development Ordinance) as recommended by the Watauga County Planning Board.

 

 (F) Spacing Requirements.

 

(1) Category 1 & Category 2 High Impact Land Uses may not be established within 1,500 feet of a public or private Educational Facility, NC licensed Child Care Facility, NC licensed Assisted Living Facility, NC licensed Nursing Home, Public Outdoor Recreation Area, or Religious Facility. In order to establish required spacing, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure, or outdoor storage area utilized by Category 1 or 2 Land Uses, to the nearest property line of the above-listed facilities.

 

(2) Category 1 High Impact Land Uses may not be established within 750 feet of a dwelling. In order to establish required spacing, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure, or outdoor storage area utilized by a Category 1 Land Use, to the nearest property line of a dwelling.

 

(3) Category 1 High Impact Land Uses may not be established within 1,500 feet of the right-of-way line of a roadway designated by NCDOT as a NC Scenic Byway or within 1,500 feet of the Blue Ridge Parkway. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the spacing requirements of this Section.

 

As background information, Mr. Furman stated that a citizen had submitted a request for the additional wording to the Board of Commissioners, which was then referred to the Planning Board for consideration.  Mr. Furman stated that The Citizens’ Plan For Watauga designates four gateways and the concern was that the County had no control over the Scenic Byway designation, as the North Carolina Department of Transportation could remove the designation at any time; which was unlikely but not impossible.

 

Mr. Furman stated that a public hearing would be required prior to adoption of the amendment.

 

Commissioner Wallin, seconded by Commissioner Turnbow, moved to schedule a public hearing on September 6, 2022, at 5:30 P.M. to allow public comment on the proposed amendment to Category 1 and 2 High Impact Land Uses from the regulations (Chapter 13 of the Planning & Development Ordinance).

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

Finance Matters

A.    Budget Amendments

                             

County Manager Geouque reviewed the following budget amendments:

 

Account #

Description

Debit

Credit

105890-463150

Crossnore School – JCPC County Match

 

$1,607

105890-463149

Crossnore School – JCPC

 

$5,355

105890-463151

Mountain Alliance – JCPC

$2,798

 

105890-463152

Mountain Alliance – JCPC County Match

$840

 

105890-463144

WYN – JCPC

$1,481

 

105890-463145

WYN – JCPC County Match

$444

 

105890-463146

Juvenile Mediation – JCPC

$1,076

 

105890-463147

Juvenile Mediation – JCPC County Match

$323

 

105890-463144

WYN – JCPC

$24,500

 

103300-333000

JCPC Funding

 

$24,500

 

 

 

 

The amendment recognized the reallocation of unused Crossnore School Funds as approved at the May 24, 2022, Board meeting.

 

104277-435100

Maintenance and Repairs – Building (LEC)

$1,202,000

 

104275-435100

Maint. and Repairs – Building (Human Services)

 

$1,187

219800-498010

Transfer to General Fund

$1,367,895

 

104261-435101

Maint. And Repairs – Building (Courthouse)

$167,082

 

213991-399101

Fund Balance Appropriation

 

$1,367,895

103980-398121

Transfer from Capital Projects Fund

 

$1,367,895

 

 

 

 

The amendment recognized funds from the Capital Reserve for roof replacements at the Law Enforcement Center and the Human Services Building and drainage issues at the Courthouse as approved at the May 24, 2022, Board meeting.

 

 

 

 

519800-498010

Transfer to General Fund

$3,161,724

 

517000-417010

ARP Expenditures

 

$3,161,724

 

 

 

 

The amendment recognized the standard allowance utilized for ARP Funds under Uniform Guidance.

 

 

 

 

104199-517001

ARP Special Allocations to Non-Profits

$100,000

 

104320-517002

ARP COVID Testing Inmates

$270,493

 

104310-517300

ARP Tactical Equipment

$28,922

 

104210-517003

ARP Katalyst Server

$77,309

 

109800-498021

Kill/Chill

$500,000

 

109800-498021

Trans. to Cap. Proj. Fund – ARP Valle Crucis Sch.

$2,145,000

 

104267-517400

ARP Health Department Remodel

$40,000

 

103991-399100

Fund Balance Appropriation

 

$3,161,724

213980-398100

Transfer from General Fund

 

$2,645,000

219930-459121

Valle Crucis School

$2,145,000

 

219930-449212

Future Processing Plant

$500,000

 

 

 

 

 

The amendment recognized the allocation of expenditures utilizing the standard allowance for ARP Funds totaling $3,161,724.

 

 

 

 

103300-343323

911 Console Upgrade Grant

 

$13,352

104311-451000

Capital Outlay – Equipment

$13,352

 

 

 

 

 

The amendment recognized funds from NC 911 Board for replacing consoles in the Communications Center as approved at the October 5, 2022, Board meeting.

 

 

 

 

104310-449930

Internet Crimes Against Children Grant

$14,760

 

103300-343333

Internet Crimes Against Children Grant

 

$14,760

 

 

 

 

The amendment recognized a grant received for the Watauga County Sheriff’s Office for internet crimes against children.

 

104330-469901

Foscoe Fire District Sales Tax Distribution

$50,000

 

104330-469903

Fall Creek Fire Sales Tax Distribution

$1,000

 

104330-469904

Beaver Dam Fire Sales Tax Distribution

$10,000

 

104330-469905

Boone Fire Sales Tax Distribution

$80,000

 

104330-469906

Zionville Fire Sales Tax Distribution

$10,000

 

104330-469907

Cove Creek Fire Sales Tax Distribution

$23,000

 

104330-469908

Stewart Simmons Fire Sales Tax Distribution

$30,000

 

104330-469910

Meat Camp Fire Sales Tax Distribution

$20,000

 

104330-469911

Todd Fire Sales Tax Distribution

$8,500

 

104330-469912

Blowing Rock Fire Sales Tax Distribution

$50,000

 

104330-469913

Shawneehaw Fire Sales Tax Distribution

$10,000

 

104330-469919

Creston Fire Sales Tax Distribution

$500

 

104330-469924

Deep Gap Fire Sales Tax Distribution

$17,000

 

104330-469998

Beech Mountain Fire Sales Tax Distribution

$2,000

 

103200-323300

Sales Tax Revenue

 

$312,000

 

 

 

 

The amendment recognized additional projected sales tax distribution above original budget.

 

103200-326600

ABC Bottle Tax

 

$6,000

105890-469848

Blue Ridge Meditation – ABC Funds

$6,000

 

 

 

 

 

The amendment recognized additional bottle tax funds received.

 

243102-312100

Current Year Taxes Boone

 

$30,000

243102-312101

Current Year Taxes Foscoe Special District

 

$1,000

243102-312107

Current Year Taxes Cove Creek Special District

 

$50

243102-312108

Current Year Taxes Shawneehaw Special District

 

$150

244340-469901

Pay to Fire District Foscoe

$1,000

 

244340-469905

Pay to Fire District Boone

$30,000

 

244340-469907

Pay to Fire District Cove Creek

$50

 

244340-469908

Pay to Fire District Shawneehaw

$150

 

283102-312101

Current Year Taxes Foscoe

 

$7,000

283102-312103

Current Year Taxes Fall Creek

 

$400

283102-312104

Current Year Taxes Beaver Dam

 

$800

283102-312106

Current Year Taxes Zionville

 

$5,000

283102-312107

Current Year Taxes Cove Creek

 

$12,000

283102-312108

Current Year Taxes Shawneehaw

 

$4,000

283102-312109

Current Year Taxes Meat Camp

 

$12,000

283102-312110

Current Year Taxes Deep Gap

 

$6,000

283102-312111

Current Year Taxes Todd

 

$2,500

283102-312112

Current Year Taxes Blowing Rock

 

$12,000

283102-312119

Current Year Taxes Meat Camp/Creston

 

$500

284340-469901

Pay to Fire District Foscoe

$7,000

 

284340-469903

Pay to Fire District Fall Creek

$400

 

284340-469904

Pay to Fire District Beaver Dam

$800

 

284340-469906

Pay to Fire District Zionville

$5,000

 

284340-469907

Pay to Fire District Cove Creek

$12,000

 

284340-469908

Pay to Fire District Shawneehaw

$4,000

 

284340-469909

Pay to Fire District Meat Camp

$12,000

 

284340-469910

Pay to Fire District Deep Gap

$6,000

 

284340-469911

Pay to Fire District Todd

$2,500

 

284340-469912

Pay to Fire District Blowing Rock

$12,000

 

284340-469919

Pay to Fire District Meat Camp/Creston

$500

 

 

 

 

 

The amendment recognized additional projected fire tax distribution above original budget.

 

 

 

 

293270-312009

Occupancy Tax Revenues

 

$2,200,000

294140-469900

Watauga County District U TDA

$22,000

 

294140-449900

Administrative Collection Fee

$2,178,000

 

 

 

 

 

The amendment recognized additional projected occupancy tax revenues above original budget.

 

323341-395124

Deeds of Trust – Permits and Fees

 

$8,000

324180-463210

Distribution to State of NC

$8,000

 

 

 

 

 

The amendment recorded additional projected Deed of Trust Fees above original budget.

 

Commissioner Turnbow, seconded by Commissioner Pertalion, moved to approve the budget amendments as presented by the County Manager.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

 

B.    American Rescue Plan Act (ARPA) Proposals

 

1.      Policy for Allowable Costs and Cost Principles for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds by North Carolina Local Governments

2.      Conflict of Interest Policy Applicable to Contracts and Subawards of Watauga County Supported by Federal Financial Assistance

3.      Resolution for Subaward & Monitoring for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds

4.      Subaward and Monitoring Policy for Expenditures of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds

5.      Nondiscrimination Policy

6.      Eligible Project Policy for the Expenditure of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds by Watauga County

 

 

County Manager Geouque presented the policies listed above of which, due to the County utilizing ARPA funding, the Uniform Guidance required adoption by the County.

 

Commissioner Turnbow, seconded by Commissioner Wallin, moved to adopt the following ARPA proposals as presented by the County Manager: 

 

1.   Policy for Allowable Costs and Cost Principles for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds by North Carolina Local Governments

2.   Conflict of Interest Policy Applicable to Contracts and Subawards of Watauga County Supported by Federal Financial Assistance

3.   Resolution for Subaward & Monitoring for Expenditure of ARPA Coronavirus State and Local Fiscal Recovery Funds

4.   Subaward and Monitoring Policy for Expenditures of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds

5.   Nondiscrimination Policy

6.   Eligible Project Policy for the Expenditure of ARPA of 2021 Coronavirus State and Local Fiscal Recovery Funds by Watauga County

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

Miscellaneous Administrative Matters

A.    Armory Planning Committee

 

County Manager Geouque stated that the Town of Boone selected Council Members Edie Tugman and Dalton George as well as former Mayor Loretta Clawson to serve on the Armory Planning Committee.  The Board will need to select three members to serve on this committee as well.  Commissioners Pertalion and Turnbow volunteered to serve on the committee.  Commissioners agreed to have names ready at the August 16 meeting to consider for the third member.

 

Commissioner Wallin, seconded by Commissioner Pertalion, moved to appoint Commissioner Turnbow and Commissioner Pertalion to serve as County representatives on the Armory Planning Committee.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

 

B.    Request to Schedule Public Hearing to Allow Citizen Comment on the Proposed Financing of the New Valle Crucis Elementary School.

 

County Manager Geouque requested a public hearing be scheduled on August 16, 2022, at 5:30 P.M. to allow public comment on proposed financing of the new Valle Crucis Elementary School.  The County Manager shared the public hearing notice which was sent to the Watauga Democrat prior to the meeting due to the newspaper’s time constraints.

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to schedule a public hearing on August 16, 2022, at 5:30 P.M. to allow public comment on proposed financing for the new Valle Crucis Elementary School.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-1(Welch)

 

C.    Announcements

 

County Manager Geouque announced the following:

 

·       The 115th NCACC Annual Conference will be held August 11-13, 2022, in Cabarrus County at the Concord Convention Center.  Visit https://www.ncacc.org/events-training/annual-conference/ for more information.  Please let Anita know if you plan attend.

 

·       The High Country Council of Governments’ 47th Annual Banquet is scheduled for Friday, September 9, 2022, in the Grandview Ballroom at The Northwest Endzone, Appalachian State University.  Please let Anita know if you plan to attend prior to the RSVP deadline of August 26, 2022.

 

·       The NCACC’s Legislative Goals Conference will be held over two days, November 16-17, 2022, in Wake County.  Delegates will vote on the slate of goal proposals that have been thoroughly vetted with the final slate of proposals to be brought before the Association’s membership in November.

Public Comment

Zeke Jones, Linda Byrd, and Gabe Patterson shared comments in regards to Chairman Welch’s position on the Board of Commissioners.

Closed Session

At 6:23 P.M., Commissioner Wallin, seconded by Commissioner Pertalion, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-(Welch)

 

Commissioner Wallin, seconded by Commissioner Turnbow, moved to resume the open meeting at 6:57 P.M.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-(Welch)

Adjourn

Commissioner Wallin, seconded by Commissioner Turnbow, moved to adjourn the meeting at 6:57 P.M.

 

VOTE:  Aye-4(Kennedy, Pertalion, Turnbow, Wallin)

             Nay-0

             Absent-(Welch)

 

 

Billy Kennedy, Vice-Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board