MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, DECEMBER 7, 2021

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 7, 2021, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.

 

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

 

PRESENT:                  John Welch, Chairman

                                    Billy Kennedy, Vice-Chairman

                                    Carrington Pertalion, Commissioner

                                    Larry Turnbow, Commissioner

                                    Charlie Wallin, Commissioner

Andrea Capua, County Attorney

Deron Geouque, County Manager

Anita J. Fogle, Clerk to the Board

 

Commissioner Wallin opened with a prayer and Commissioner Pertalion led the Pledge of Allegiance.

Approval of Minutes

Chairman Welch called for additions and/or corrections to the November 16, 2021, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the November 16, 2021, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the November 16, 2021, closed session minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Board Organizational Matters

County Manager Geouque called for the election of the Chairman and Vice-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.

 

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

 

VOTE:  Aye-5

             Nay-0

 

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

 

VOTE:  Aye-5

             Nay-0

 

The meeting was then turned over to Chairman Welch.

 

B.    Staff Appointments

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to reappoint Deron Geouque as the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to reappoint Anita Fogle as Clerk to the Board.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to reappoint both Monica Harrison and Macy Hafner as Substitute Clerks to the Board.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to reappoint di Santi, Watson, Capua, Wilson, & Garrett as the Law Firm representing Watauga County as legal counsel including the Watauga County Department of Social Services and the Child Support Enforcement Offices with rates to remain as current and to authorize di Santi Watson, Capua, Wilson, & Garrett, Social Services Attorney, to hire outside council when they have a conflict.

 

VOTE:  Aye-5

             Nay-0

 

[Clerk’s Note:  The current rate for legal services by the County Attorney is $125.00 per hour.]

 

 

 

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 Wallin, moved to approve the individual fidelity bonds as presented and to approve the Finance Director, County Manager, and Chairman of the Board of Commissioners as the authorized signers for disbursements on all County accounts and to approve additional signers and Deputy Finance Officers, on the Inmate Commissary account only, as Randy Greene, James Sharpe, Barry Trivette, and Michael Brown and to approve the official depositories of the County as First National Bank and BB&T.

 

VOTE:  Aye-5

             Nay-0

 

D.    Commissioner Appointments to Boards & Commissions

 

Chairman Welch presented the attached list of current Commissioner Board appointments including the recent correction to the Vaya Board name:

 

Board/Commission

Member

Appalachian District Health Department

Pertalion

Appalachian Theatre Board of Trustees Ex-Officio Member

Wallin or Welch

AppalCART Authority

Wallin

Blue Ridge Resource Conservation & Development Area

Turnbow

Caldwell Community College &Technical Institute – Watauga Advisory Board

Welch

Children’s Council

Pertalion

Child Protection Team

Kennedy

Cooperative Extension Advisory Leadership Board

Pertalion

Economic Development Commission (EDC)

Turnbow

Educational Planning Committee (2 appointees)

Wallin & Welch

EMS Advisory Committee

Pertalion

High Country Council of Governments (including the Executive Board, Rural Transportation Advisory Committee (RTAC), and Rural Planning Organization (RPO)))

Turnbow

Juvenile Crime Prevention Council (JCPC)

Welch

Humane Society

Turnbow

Library Board

Kennedy

Motor Vehicle Valuation Review Committee

BCC

New River Service Authority Board

Wallin

Northwest Regional Housing Authority (5-year term expires Dec. 12, 2024)

Pat Vines

POA Advisory Committee (Home & Community Care Block Grant)

Pertalion

Sheriff’s Office Liaison

Kennedy & Turnbow

Vaya Regional Board (Region 3)

Kennedy & Wallin

Social Services Advisory Board

Wallin

Watauga County Arts Council (added February 2020)

Pertalion

Watauga County Fire Commission

Welch

Watauga County Personnel Advisory Committee

Chair/Vice-Chair

Watauga County Recreation Commission

Welch

Watauga Medical Center Board of Trustees

Kennedy

W.A.M.Y. Community Action

Wallin

Watauga Opportunities

Turnbow

Workforce Development Board (WDB)

Chairman

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to accept the appointments as currently seated.

 

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 and the third Tuesday of each month with both beginning at 5:30 P.M.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to retain the regular meeting schedule for the Watauga County Board of Commissioners as follows:  the first and 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 7, 2021, agenda.

 

Commissioner Wallin, seconded by Commissioner Pertalion, moved to approve the December 7, 2021, agenda as presented.

 

VOTE:  Aye-5

             Nay-0

Presentation of NC Cooperative Extension County Partnership Award

Ms. Kelley Heimstra, West District Director for Cooperative Extension, presented a 2021 NC Cooperative Extension County Partnership Award to the Board of Commissioners.  One award was given in each of the five districts throughout the state.  Ms. Heimstra stated that Mr. Jim Hamilton, Watauga County Extension Director, had written the nomination and it reflected the outstanding team comprised of the Extension and County.

 

Mr. Hamilton shared that the Extension had recently learned of additional grant funds that would be received for the proposed Kill/Chill facility from the Appalachian Regional Commission and the Tobacco Trust Fund.  An application would also be submitted to the North Carolina Agriculture Development Trust Fund.

Presentation of FY 2021 Audit

Ms. Cindy Randolph with C. Randolph, CPA, PLLC presented the Fiscal Year 2021 County Audit. Ms. Randolph stated that the County was in excellent financial state.  This was due to the direction provided by the Commissioners and through execution of that direction by County staff.  Financial highlights are listed below:

 

·       The total assets of the County exceeded its liabilities at the close of the fiscal year by $190,957,610.

 

·       The County’s unassigned fund balance for the general fund was $34,873,904 at the end of the year, representing 61.7% of total General Fund expenditures. This is an increase of $9,647,783 in the unassigned fund balance from the previous year.

 

·       The current year collection rate for property taxes was 98.88% which was an increase from last year’s 98.59%. The County is still well above the statewide average of 98.11% for entities of similar populations in fiscal year 2019-20.

 

·       Outstanding debt principal decreased by $4,980,000. Total outstanding debt principal at June 30, 2021 is $41,210,000. Watauga County’s legal debt limit is $720,972,511 so the County continues to be well below the state limits.

 

·       S&P updated their review of the County’s financials and reaffirmed the County’s stable outlook and credit rating at AA.

 

The audit was presented for information only; and therefore, no action was required.

 

County Manager Geouque stated that, due to another successful year and an increase in the unassigned fund balance, staff recommended appropriating $4,200,000 to restore the long-term capital for the Watauga County School System for the Fiscal Year ended June 30, 2021, and to transfer to the Capital Projects Fund $5,400,000 for a future parking deck and $47,783 for future facilities maintenance.

 

Commissioner Turnbow, seconded by Commissioner Wallin, moved to authorize the transfer of the $9,647,783 increase from unassigned balance as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

Coronavirus (COVID-19) Community Update

Ms. Jennifer Greene, AppHealthCare Director, was not available to provide an update on the Coronavirus (COVID-19).

Soil and Water Conservation Funding Acceptance Agreement

Mr. Graham Fox with Watauga Soil and Water Conservation District presented the 2021-2023 technical assistance grant which funds a portion of the Soil and Water Conservation Tech position.  The grant was in the amount of $31,311 and was budgeted in the Fiscal Year 2021-2022 budget.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to accept the grant as presented.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.    Potential Opioid Settlement

 

County Manager Geouque stated that the Board may wish to consult with the County Attorney prior to any decision on the opioid settlement.

 

[Clerk’s Note:  Action was taken after closed session.]

B.    Proposed Updates to Local Government Agencies Records Retention and Disposition Schedules

1.  General Records Schedule

2.  Program Records Schedule

 

County Manager Geouque stated that the 2021 Program Records Schedule for Local Government Agencies was a new retention schedule created from the former County Management (last updated in 2013) and Municipal (last updated in 2012) retention schedules.  The schedule contained specific functions of government at the county and municipal level.  If the Board chose to not adopt the new retention schedule the County would be required to create their own schedule.  The “Agency Policy: Destroy in office after ____” sections had been filled in with “one day” in prior schedules.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to adopt the General Records Retention and Disposition Schedule for Local Government Agencies as presented.

 

VOTE:  Aye-5

             Nay-0

C.    American Rescue Plan Act (ARPA)

1.  Resolution for Accepting ARPA Funds

2.  Grant Project Ordinance Establishment & Maintenance of the American Rescue Plan

 

County Manager Geouque stated that the Board previously accepted the American Rescue Plan Act (ARPA) funds.  Mr. Geouque presented a proposed resolution which would formalize acceptance of the funds.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to adopt the resolution as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

County Manager Geouque stated that the Watauga County Grant Project Ordinance Establishment and Maintenance of the American Rescue Plan that was previously adopted did not contain the word grant which was required.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to adopt the Watauga County Grant Project Ordinance Establishment and Maintenance of the American Rescue Plan as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

D.    Boards and Commissions

 

County Manager Geouque presented the following for consideration:

 

Nursing Home Community Advisory Committee

Ms. Wanda Branch has resigned from the Nursing Home Community Advisory Committee.  This position requires Board approval to officially remove Ms. Branch from the Committee.  A replacement has not been recommended at this time. 

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to officially remove Ms. Wanda Branch from the Watauga County Nursing Home Community Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

E.    Announcements

 

 

County Manager Geouque stated that, due to the ongoing COVID pandemic, the Annual County Christmas Luncheon was cancelled this year.

Public Comment

There was no public comment.

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-5

             Nay-0

 

Commissioner Pertalion, seconded by Commissioner Turnbow, moved to resume the open meeting at 7:32 P.M.

 

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

County Attorney Capua stated that the Board planned to opt-in to the North Carolina Association of County Commissioners (NCACC) opioid lawsuit.  Ms. Capua recommended the Board also authorize the County Manager, County Attorney di Santi, and County Attorney Capua to sign any documents necessary for the County to opt-in to the NCACC’s opioid lawsuit.

 

Ms. Capua stated that North Carolina was participating in a global opioid settlement which offered the County the opportunity to received benefits of the settlement.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to opt-in to the North Carolina Association of County Commissioners (NCACC) opioid settlement to receive global settlement proceeds.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Wallin, seconded by Commissioner Turnbow, moved to authorize County Manager Geouque, County Attorney di Santi, and County Attorney Capua to sign any necessary documents in Chairman Welch’s absence for the County to opt-in to the NCACC’s opioid lawsuit settlement.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to adjourn the meeting at 7:39 P.M.

 

VOTE:  Aye-5

             Nay-0

 

 

John Welch, Vice-Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board