MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, DECEMBER 17, 2024

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, December 17, 2024, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.

 

Chairman Eggers called the meeting to order at 5:30 P.M.  The following were present:

 

PRESENT:                  Braxton Eggers, Chairman

Todd Castle, Vice-Chairman

                                    Emily Greene, Commissioner

                                    Tim Hodges, Commissioner

                                    Ronnie Marsh, Commissioner

                                    Nathan Miller, County Attorney

Deron Geouque, County Manager

Anita J. Fogle, Clerk to the Board

 

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

Approval of Minutes

Chairman Eggers called for additions and/or corrections to the December 2, 2024, regular minutes.

 

Chairman Eggers stated that the vote regarding the appointment of Commissioners to various Boards and Commissions needed to be changed to a 4/0 vote.

 

[Clerk’s Note:  this was due to Commissioner Hodges being sworn in on Tuesday, December 3, 2024, due to a typographical error in his oath on December 2, 2024].

 

Vice-Chairman Castle, seconded by Commissioner Greene, moved to approve the December 2, 2024, regular meeting minutes as presented.

 

VOTE:  Aye-5

             Nay-0

Approval of Agenda

Chairman Eggers called for additions and/or corrections to the December 17, 2024, agenda.

 

Chairman Eggers requested the Regular Meeting Schedule and the January Meeting Schedule be added to the agenda.

 

County Attorney Miller requested Attorney/Client Matters per G. S. 143-318.11(a)(3) be added to closed session to discuss pending litigation as follows:  24 CVM 198 Brandy Boyles.

 

County Manager Geouque requested to change Item # 9 to Emergency Services Matters and add a generator discussion as “B.”

 

Vice-Chairman Castle, seconded by Commissioner Hodges, moved to approve the December 17, 2024, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Public Comment

Mr. Gerald Friesland spoke on behalf of his partner, Ms. Jackie Flood, owner of Mountain Mammas Bed & Biscuit, LLC, and requested Ordinance changes to address chicken care.

Resolution Honoring the Life and Service of James Carlton “Red” Lyons

Chairman Eggers read the “Resolution Honoring the Life and Service of James Carlton “Red” Lyons who served his community for many years including five consecutive terms as Sheriff.

 

Vice-Chairman Castle, seconded by Commissioner Marsh, moved to adopt the resolution as presented by Chairman Eggers.

 

VOTE:  Aye-5

             Nay-0

 

Chairman Eggers also took a moment to recognize Mr. Larry Warren, Tax Administrator, by presenting a proclamation to recognize his retirement which would become effective January 1, 2025.

 

Commissioner Greene, seconded by Commissioner Hodges, moved to adopt the proclamation recognizing Mr. Larry Warren, Tax Administrator, upon his retirement.

 

VOTE:  Aye-5

             Nay-0

FY 2024 Audit Presentation

Ms. Cindy Randolph with C. Randolph, CPA, PLLC, presented the Fiscal Year 2024 County audit. The County’s financial position remains strong due to direction provided by the Commissioners and through execution of that direction by County staff.  Following are some of the financial highlights:

 

v The total assets of the County exceeded its liabilities at the close of the fiscal year by $276,919,079, primarily due to an increase in investment earnings and local options sales tax.

 

v The County’s unassigned fund balance for the General Fund was $55,290,273 at the end of the year, representing 61% of total General Fund expenditures. This is an increase of $6,575,583 in the unassigned fund balance from the previous year.

 

v The current year collection rate for property taxes was 98.83% a slight decrease from last year’s 98.95%.

 

v Outstanding debt principal decreased by $6,615,000.  Total outstanding debt principal at June 30, 2024 is $55,390,000. Watauga County’s legal debt limit is $1,082,807,440 so the County continues to be well below the state limits.

 

The audit was presented for information only; and therefore, no action was required.  However, due to strong fiscal management and the increase in the unassigned fund balance, staff recommended to transfer $6,575,583 to the Capital Projects Fund for future Emergency Communications.  The transfer would allow for the expansion and improvements of the County’s emergency communications network and infrastructure with no financing required. 

 

Commissioner Marsh, seconded by Commissioner Hodges, moved to authorize the transfer of the $6,575,583 increase from unassigned balance to the Capital Reserve Account.

 

VOTE:  Aye-5

             Nay-0

Cove Creek Park Project

Mr. Tim Johnson and Mr. Eric Woolridge, with Designation by Design, requested approval of a proposed resolution for the Water Resources Development Grant.  The purpose of the grant was to provide engineering services for the redevelopment of the Cove Creek park area damaged by Hurricane Helene.  The grant would provide $50,000 or 50% of nonfederal project costs, whichever was the lessor amount.  The Watauga County Tourism Development Authority (TDA) was considering covering the remaining cost at their next Board meeting.  In addition, the Board would need to approve the No Conflict of Interest Certification, and Attachment E State Grant Certification – No Overdue Tax Debts.  If the TDA was willing to help fund the project, a steering committee would work with the community and come back to the Board in April 2025 with more detail.

 

 

Commissioner Marsh, seconded by Vice-Chairman Castle, moved to adopt the resolution, No Conflict of Interest Certification, and Attachment E State Grant Certification – No Overdue Tax Debts contingent upon the Watauga County Tourism Development Authority providing the additional funds as required by the grant.

 

VOTE:  Aye-5

             Nay-0

Tax Matters

A.    Monthly Collections Report

Mr. Larry Warren, Tax Administrator, thanked the Board for the proclamation and presented the Tax Collections Report for the month of November 2024.  The report was presented for information only and, therefore, no action was required.

 

B.    Refunds and Releases

Mr. Larry Warren, Tax Administrator, presented the Refunds and Releases Report for November 2024 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Commissioner Hodges seconded by Commissioner Marsh, moved to approve the Refunds and Releases Report for November 2024 as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.    Appointment of Tax Administrator

County Manager Geouque stated that Mr. Larry Warren, Tax Administrator, would retire December 31, 2024, as the County’s Tax Administrator.  A committee consisting of former Chairman Turnbow, Chairman Eggers, County Manager Geouque, and Human Resources Director Monica Harrison interviewed candidates to replace Mr. Warren.  Upon completion of the interviews, the committee recommended John Tyler Rash as the new Tax Administrator.  His appointment would be from January 1, 2025 to December 31, 2027.  Mr. Rash thanked the Board for his appointment, introduced his family, and stated that he looked forward to working for the County.

 

Commissioner Greene, seconded by Commissioner Hodges, moved to appoint John Tyler Rash as Tax Administrator to be effective January 1, 2025 through December 31, 2027.

 

VOTE:  Aye-5

             Nay-0

 

D.    Oath to Collect Taxes

Due to the vacancy created by the retirement of Larry Warren and the appointment of John Tyler Rash, the Board of County Commissioners needs to authorize John Tyler Rash as the new Tax Administrator of Watauga County to continue collecting taxes for the current and previous years effective January 1, 2025. 

 

Commissioner Marsh, seconded by Vice-Chairman Castle, moved to authorize the new Tax Administrator to continue the process of tax collections effective January 1, 2025.

 

VOTE:  Aye-5

             Nay-0

Emergency Services Matters

A.    Hurricane Helene Update

Mr. Will Holt, Emergency Services Director, gave an update on the current recovery efforts from Hurricane Helene.  Mr. Holt stated that the focus was debris removal with the next phase to focus on private water rights-of-way.  The process has been delayed as the Army Corp of Engineers has been bogged down in Buncombe County.  The Department of Public Safety was trying to move the process along and attorney’s at the State level were reviewing righ-of-way contractor contracts.  Mr. Holt stated that the EWP would not move waterways but would stabilize them.

 

Mr. Holt stated that 98% of those impacted have been reached with $12,000,000 in the hands of citizens and $3,000,000 in Federal assistance has been received by the County.  County Manager Geouque stated that $800,000 of the $3,000,000 has been spent.  The County Manager stated that staff has asked Senator Virginia Foxx’s Office to help push for the Army Corp of Engineers to mobilize and give the County EWP funds as the County could not afford to front the funding.

 

Chairman Eggers asked if the County would advertise a Request for Proposals (RFP) for disaster services.  County Manager Geouque stated that staff had planned to use the State who said to get our own contractor to get full dedication and they would issue the funding up front to the County.

 

Commissioner Marsh, seconded by Commissioner Castle, moved to direct the County Manager to move forward with the RFP for disaster services.

 

VOTE:  Aye-5

             Nay-0

Emergency Services Matters

B.    Generator Discussion

Mr. Will Holt, Emergency Services Director, stated that generator repairs, approved at the November 19, 2024, meeting, would take longer than expected and requested approval for up to $35,000 for the rental of a generator to service the Sheriff’s Office Detention Center and Emergency Services’ 911 Center and the repair of the primary generator.  The County’s generator radiator was being rebuilt by National Power which required “days to weeks” of time in the shop.  An updated quote, due to repairs being more extensive that originally thought, was received for an additional $19,554 in repairs and an additional 3 weeks minimum time.  Due to the original rental of a generator, while the County’s was being fixed, was for one month, up to an additional month of rental ($15,000) would be needed to give National Power up to eight weeks to coordinate and complete the repair.  Mr. Holt stated that the County was pressing National Power to expedite this process due to the cost of the rental and County staff was working to process this repair as reimbursed storm damage due to failure during the storm directly related to prolonged runtime.

 

Mr. Holt stated that there would be a one-year parts or labor warranty for the repairs.  County Manager Geouque stated that the generator was not considered to be at end of life and funding could be set aside for the future purchase of a new generator.  Mr. Holt stated that staff was looking for grants for the new facility.

 

Vice-Chairman Castle, seconded by Commissioner Greene, moved to approve up to $35,000 in additional costs for the rental of a generator and the repair of the County’s generator as presented.

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.    Regular Meeting Schedule

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

 

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

 

VOTE:  Aye-5

             Nay-0

B.    January Meeting Schedule

 

County Manager Geouque stated that the Board has traditionally cancelled one of the meetings in either December or January depending on how the holidays have fallen.  Due to where Christmas and New Year’s fall during the week, staff recommended 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.

 

Commissioner Marsh, seconded by Commissioner Greene, moved to cancel the first meeting in January 2025.

VOTE:  Aye-5

             Nay-0

 

C.    Boards and Commissions

County Manager Geouque shared the below recommendations for various Boards and Commissions:

 

Appalachian Regional Library

The Watauga County Library Board has recommended Ms. Mary Stolberg for appointment to the Appalachian Regional Library Board for a first term. Ms. Roberta Jackson went off the Board after two terms.

 

Vice-Chairman Castle, seconded by Commissioner Hodges, moved to waive the second reading and appoint Ms. Mary Stolberg to the Appalachian Regional Library Board for a first term.

 

VOTE:  Aye-5

             Nay-0

 

 

Recreation Commission

The Recreation Commission has recommended the appointment of Principal Scott Carter to serve as the representative of Cove Creek Elementary School. 

 

Commissioner Hodges, seconded by Commissioner Marsh, moved to waive the second reading and appoint Mr. Scott Carter to the Recreation Commission as a representative of Cove Creek Elementary School.

 

VOTE:  Aye-5

             Nay-0

 

Commissioner Appointments to Boards & Commissions

Each Commissioner nominates a representative to the Boone Rural Fire Protection Service District Board and the Watauga County Planning Board whose terms run concurrent with the term of the appointing Commissioner. 

 

Planning Board members must live within the appointing Commissioner’s District and action must be taken by the entire Board of Commissioners to make these appointments. 

 

Commissioner Marsh will make his recommendation for the Planning Board at a future meeting.

 

Commissioner Greene, seconded by Vice-Chairman Castle, moved to appoint the following to the Planning Board with terms running concurrent to the Commissioner whose District they represent:

 

Justin Warren representing Chairman Eggers District

Seth Norris representing Vice-Chairman Castle’s District

Savva Kostis representing Commissioner Greene’s District

Joel Farthing representing Commissioner Hodges District

 

VOTE:  Aye-5

             Nay-0

 

Boone Rural Fire Service District Board members must own property and reside within the Fire Service District.

 

Commissioner Greene, seconded by Commissioner Marsh, moved to appoint the following to the Boone Rural Fire Service District Board with terms running concurrent to the Commissioner whose District they represent:

 

Jimmy Marsh representing Chairman Eggers District

Reggie Hassler representing Vice-Chairman Castle’s District

Joedy Eller representing Commissioner Greene’s District

Lee Stroupe representing Commissioner Hodges District

Lane Robinson representing Commissioner Marsh District

 

VOTE:  Aye-5

             Nay-0

 

D.    Announcements

The January 7, 2025, Board of Commissioners meeting has been cancelled and, therefore, the next regular meeting will be held on Tuesday, January 21, 2025 at 5:30 P.M.

 

The Essentials of County Government course (including Ethics Training) will be held on the following dates:

 

·       January 16-17, 2025, in New Bern (8:30 A.M. – 4:30 P.M. on Thursday and Friday)

·       January 23-24, 2025, in Winston Salem (8:30 A.M. – 4:30 P.M. on Thursday and Friday)

·       February 19-20, 2025, in Asheville (8:30 A.M. – 4:30 P.M. on Wednesday and Thursday)

Closed Session

At 6:40 P.M., Vice-Chairman Castle, seconded by Commissioner Marsh, moved to enter Closed Session to discuss Attorney/Client Matters (including pending litigation 24 CVM 198 Brandy Boyles), per G. S. 143-318.11(a)(3), Economic Development, per G. S. 143-318.11(a)(4), and Land Acquisition, per G. S. 143-318.11(a)(5)(i).

 

VOTE:  Aye-5

             Nay-0

 

Vice-Chairman Castle, seconded by Commissioner Marsh, moved to resume the open meeting at 8:22 P.M.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Marsh, seconded by Commissioner Hodges, moved to adjourn the meeting at 8:23 P.M.

 

VOTE:  Aye-5

             Nay-0

 

Braxton Eggers, Chairman

 

ATTEST:  Anita J. Fogle, Clerk to the Board