MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, AUGUST 21, 2018

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, August 21, 2018, at 5:30 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

 

                        PRESENT:      John Welch, Chairman

                                                Billy Kennedy, Vice-Chairman

                                                Jimmy Hodges, Commissioner

                                                Larry Turnbow, Commissioner

                                                Perry Yates, Commissioner

Frank C. “Ham” Wilson, III, County Attorney

                                                Deron Geouque, County Manager

                                                Anita J. Fogle, Clerk to the Board

 

Chairman Welch called the meeting to order at 5:35 P.M.

 

Commissioner Hodges opened with a prayer and Commissioner Turnbow led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the August 7, 2018, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the August 7, 2018, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the August 7, 2018, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Welch called for additions and/or corrections to the August 21, 2018, agenda.

 

County Manager Geouque requested to add consideration of a Special Warranty Deed for the 131 Morningside Drive property and to add discussion of Land Acquisition, per, G. S. 143-318.11(a)(5)(i) to closed session.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the August 21, 2018, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Welch shared a plaque presented to the Board of Commissioners from the High Country Chapter of the Military Officers Association of America (MOAA) in appreciation of the Board’s support of the Watauga County Veterans Memorial which was dedicated and unveiled on July 4, 2018.

Public Hearing to Allow Citizen Comment on the Proposed Financing of the New Community Recreation Center

Chairman Welch stated that a public hearing was scheduled to allow citizen comment on the proposed financing of the new Community Recreation Center as required by the Local Government Commission.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to call the public hearing to order at 5:40 P.M.

VOTE:  Aye-5

             Nay-0

 

The following shared comments regarding the proposed financing of the new Community Recreation Center:

Karen Carter

Craig Dudley

Jim Bryan

Ron Henries

David Jackson

Billy Norris

Andy Hill

George Wilcox

Jerry Cantwell

Joan Bathanti

Scott St. Clair

Brenda Speckmann

Erin Patterson

Josh Wilson

Dave Robertson

Melissa Weddell

Stephanie West

Carson Coatney

Eric Heistand

Wright Tilley

Trent Carter

Sam Hawes

 

Of the twenty-two speakers, eighteen spoke in support of the project and four spoke against the project.

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to close the public hearing at 6:45 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

 

Resolution Authorizing the Negotiation of an Installment Financing Contract and Providing for Certain Other Related Matters Thereto

 

County Manager Geouque presented a proposed resolution authorizing the negotiation of an installment financing contract and providing for certain other related matters thereto.  The resolution is required by the Local Government Commission (LGC) for the approval of the financing of the Community Recreation Center.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to adopt the resolution authorizing the negotiation of an installment financing contract and providing for certain other related matters thereto as presented.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Welch recessed the meeting at 6:58 P.M. for a short break and reconvened the meeting at 7:10 P.M.

Proposed Resolution to Formally Recognize and Authorize the Establishment of the Watauga County Food Council

Ms. Faith Bradley with the Watauga Food Council requested consideration of a resolution which would provide formal recognition of Watauga Food Council.  Ms. Bradley stated that the Food Council is an umbrella organization serving to coordinate and identify strategies to help improve the local food system.  Ms. Bradley read the resolution which includes the request for in-kind support from the County including the involvement of staff from key County Departments, with the required approval of Departmental Directors; the use of County facilities for meeting space, as available; and the referrals of volunteers to the working groups of the Watauga County Food Council by the Board of Commissioners to offer input and help guide its direction.  County Manager Geouque suggested the Food Council make reports to the Board throughout the year to provide updates on their projects.

 

Vice-Chairman Kennedy, second by Commissioner Turnbow, moved to adopt the resolution formally recognizing and authorizing the establishment of the Watauga County Food Council as presented.

 

VOTE:  Aye-5

             Nay-0

Project on Aging Matters

A.  Request to Accept FY 2019 Senior’s Health Insurance Information Program (SHIIP) Grant/Contract

 

Ms. Angie Boitnotte, Director of Project on Aging (POA), presented the FY 2019 grant/contract for the Senior's Health Insurance Information Program (SHIIP).  The grant is in the amount of $3,231 and requires no County funds.  The funds are used to provide assistance and outreach to low-income citizens.

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to accept the Senior's Health Insurance Information Program (SHIIP) grant in the amount of $3,231.

 

VOTE:  Aye-5

             Nay-0

 

B.  Request to Accept General Purpose Funding for Senior Centers

 

Ms. Boitnotte presented additional Senior Center General Purpose funding available to the County’s two senior centers in the amount of $14,257.  A 25% local match is required in the amount of $4,752 which is present in the current Project on Aging budget.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to accept the additional Senior Center General Purpose funding in the amount of $14,257 and approve the local match in the amount of $4,752.

 

VOTE:  Aye-5

             Nay-0

Bid Award Request for Large Industrial Infield Renovation Project

Mr. Robert Marsh, Maintenance Director, presented the following bids for the replacement of the large industrial field backstop and fencing:

                   

Bidder

Amount

American Fence Company, Hickory, NC

$64,972

Triangle Fence Company, Rhonda, NC

$42,020

Rio Grande Fence Company, Kingsport, TN

$38,870

McCall Commercial  Fencing, Inc., Gray, TN

$28,388

Emory Wallace Fence Company, Boone, NC

No Bid

Champion Fence, Charlotte, NC

No Bid

Fence Builders, Winston- Salem, NC

No Response

Sharp Fence, Kingsport, TN

No Response

 

Mr. Marsh stated that eight vendors were solicited with four responding to the bid proposal.  McCall Commercial Fencing was the lowest responsive bidder in the amount of $28,388.  Adequate funds have been budgeted in the Fiscal Year 2018-2019 budget.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to award the bid to McCall Commercial Fencing in the amount of $28,388 for backstop and fencing replacement at the industrial field.

 

VOTE:  Aye-5

             Nay-0

Tax Matters

A.  Monthly Collections Report

 

Tax Administrator, Mr. Larry Warren, presented the Tax Collections Report for the month of July 2018.  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 July 2018 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the Refunds and Releases Report for July 2018 as presented.

 

VOTE:  Aye-5

             Nay-0

Budget Amendments

Ms. Misty Watson, Finance Director, reviewed the following budget amendments:

 

Account #

Description

Debit

Credit

103991-399100

Fund Balance

 

$267,133

109800-498021

Transfer to Capital Projects Fund

$267,133

 

213980-398100

Transfer from General Fund

 

$267,133

219930-459122

WCS CIP – Projectors

$68,748

 

219930-459122

WCS CIP – Vehicles

$21,467

 

219930-459122

WCS CIP – Vehicles Bus

$408

 

219930-459122

WCS CIP – Computers

$2,901

 

219930-459122

WCS CIP – Mobile Classroom Units

$138,609

 

219930-459122

WCS CIP – WHS Sealant on Track

$35,000

 

 

 

 

 

The amendment returned unused Capital Improvement Project funds from completed projects to set aside capital project funds for the schools.

 

 

 

 

143300-343300

Adoption Promotion Funds

 

$58,800

145410-440006

Adoption Promotion

$58,800

 

 

 

 

 

The amendment recognizes funds received from the North Carolina Department of Health and Human Services for the enhancement of programs to encourage and support adoption.

 

         

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to approve the budget amendments as presented by Ms. Watson.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.  NC Department of Health and Human Services (DHHS)/County Memorandum of Understanding (MOU) Pursuant to G. S. 108A-74 Update

 

At the June 19th meeting the Board tabled action on the Memorandum of Understanding (MOU) with the NC Department of Health and Human Services (DHHS).  Mr. Tom Hughes, Social Services Director, presented the MOU with the NC Department of Health and Human Services for consideration.  The MOU is required per NCGS 108A-74.  Counties are required to enter into annual written agreements for all social services programs other than medical assistance.  The law requires the agreement to contain certain performance requirements and administrative responsibilities related to the social services program.  Mr. Hughes stated that thirty-four counties had submitted a cover letter with their MOU citing reservations with the MOU and other counties added a writ to the end of their signed MOUs.  Many of the MOUs that included the writ were returned with a request from the State to resubmit the MOU without the writ attached.  The MOU’s with the letters attached were accepted.  County Attorney di Santi presented a proposed resolution to accompany Watauga County’s MOU.  The resolution states that the County signed the MOU with reservation and requests DHHS consider modifying the mandatory criteria and benchmarks imposed by the MOU to address small counties.  The resolution also request DHHS to reconsider the oversight, compliance and enforcement process.

 

After discussion, Vice-Chairman Kennedy, seconded by Commissioner Hodges, moved to approve the Memorandum of Understanding and adopt the “Resolution Regarding the HB 630 Required Agreement Between the North Carolina Department of Health and Human Services (“DHHS”) and Watauga County, North Carolina (the “County”) and the Watauga County Department of Social Services (“DSS”).”

 

NCDHHS sent notification they were in receipt of the County’s request and are unable to sign the documents provided.  NCDHHS requested the County resubmit the signed MOU without any attachments or edits to the language.  After discussion, Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to table further discussion to give the County Manager time to contact other counties to see how they handled the Memorandum of Understanding with the North Carolina Department of Health and Human Services.

 

The County Manager was able to determine that Yadkin and Watauga counties were the only two out of the 100 counties not to have signed the MOU.  The County Manager also received a telephone call from the NCDHHS Secretary and Deputy Secretary.  During the telephone call, it was determined that it would be beneficial for at least two of the Board members to have a follow up conversation with NCDHHS Secretary and Deputy Secretary.  The County Manager was to select a few times for a possible telephone call.

 

Commissioner Yates, seconded by Vice-Chairman Kennedy, moved to direct Chairman Welch, Commissioner Turnbow, the County Manager and the Social Services Director to hold a conference call with the NC Department of Health and Human Services.

 

VOTE:  Aye-5

             Nay-0

 

B.  Proposed Corrected Special Warranty Deed for 131 Morningside Drive Property

 

County Manager Geouque presented a correction to the Special Warranty Deed for the 131 Morningside Drive property that was deeded by the County to The Town of Boone to which the required FEMA restrictions have been added.  The restrictions should have been added when Mr. and Mrs. Cowart deeded the property to Watauga County in 2016.  The County Attorney prepared the Correction Special Warranty Deed.

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to approve the Correction Special Warranty Deed as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.  Sheriff’s Office Vehicle Purchase Request

 

County Manager Geouque stated that the Sheriff’s Office received bids from Asheville Ford for six (6) new all-wheel drive 2018 Ford Police Interceptors with a unit price of $28,265.97.  In addition, up-fitting for the vehicles was priced at $6,091.82 per unit.

 

At the August 7, 2018, meeting, staff requested the Board approve the purchase of six (6) new all-wheel drive 2018 Ford Police Interceptors with a unit price of $28,265.97 from Asheville Ford for a total amount of $174,720 including taxes and tags.  In addition, approval of Dana Safety Supply for all of the vehicles in the amount of $6,091.82 per unit for a total amount of $36,551 was required.

 

After considerable discussion, the Board tabled the request until a bid from Modern Ford could be obtained.  Captain Kelly Redmon was able to obtain a bid from Modern Ford which is $99 less than the bid provided by Asheville Ford.  Discussion was held regarding whether Modern Ford had a competitive advantage since the bids had been opened prior to their bid.

 

After discussion, Commissioner Yates, seconded by Commissioner Turnbow, moved to award the bid to Modern Ford in the amount of $28,166 for a total amount of $168,996 not including taxes and tags; to approve the amount of $36,551 for Dana Safety Supply to up-fit the vehicles; and to direct the Sheriff’s Office, as well as all County Departments, to always request a direct bid from local vendors in addition to the Sheriff’s Association and State contract prices.

 

VOTE:  Aye-5

             Nay-0

 

D.  Announcements

 

County Manager Geouque announced the following:

 

·       The 111th NCACC Annual Conference will be held August 23-25, 2018, in Catawba County.  Visit www.ncacc.org/AnnualConference for full information.

 

·       The High Country Council of Governments’ Annual Banquet is scheduled for Friday, September 7, 2018, at Linville Ridge.

Public Comment

Ms. Anne Ward shared her opinion on the recent Court of Appeals ruling for the Henions and requested the County support the Henions and require Maymead to have no deviations from their plans.

Closed Session

At 7:42 P.M., Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Land Acquisition, per G. S. 143-318.11(a)(5)(i), and Personnel Matters, per G. S. 143-318.11(a)(6).

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Yates, moved to resume the open meeting at 8:15 P.M.

 

VOTE:  Aye-5

             Nay-0

 

County Manager Geouque stated that Mr. Chad Roberson, Architect for the new Community Recreation Center, is willing to come and meet with Commissioners, a couple at a time, to field any questions there may be regarding the project.

 

Upon realizing that discussion was not held regarding an Attorney/Client matter, Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to re-enter Closed Session at 8:18 P.M. to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3)

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Yates, seconded by Commissioner Turnbow, moved to resume the open meeting at 8:36 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

 

Adjourn

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to adjourn the meeting at 8:36 P.M.

 

VOTE:  Aye-5

             Nay-0

 

John Welch, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board