MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, OCTOBER 19, 2021

 

The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, October 19, 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 5:31 P.M.  The following were present:

 

PRESENT:                  John Welch, Chairman

                                    Billy Kennedy, Vice-Chairman

                                    Carrington Pertalion, Commissioner

                                    Larry Turnbow, Commissioner

Anthony di Santi, County Attorney

Deron Geouque, County Manager

Anita J. Fogle, Clerk to the Board

 

Vice-Chairman Welch 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 October 5, 2021, regular meeting and closed session minutes.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the October 5, 2021, regular meeting minutes as presented.

 

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

             Nay-0

             Absent-1(Wallin)

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the October 5, 2021, closed session minutes as presented.

 

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

             Nay-0

             Absent-1(Wallin)

 

[Clerk’s Note:  Commissioner Wallin arrived at the meeting at 5:35 P.M.]

Approval of Agenda

Chairman Welch called for additions and/or corrections to the October 19, 2021, agenda.

 

County Manager Geouque requested to add a discussion of the recent ARP Contract with Blue Ridge Energy/Skybest under Miscellaneous Administrative Matters, possible action after closed session, and consideration of the removal of members from the Adult Care Community Advisory Committee under Boards and Commissions.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to approve the October 19, 2021, agenda as amended.

 

VOTE:  Aye-5

             Nay-0

Coronavirus (COVID-19) Community Update

Ms. Jennifer Greene, AppHealthCare Director, provided an update on the Coronavirus (COVID-19).  The report was for information only and, therefore, no action was required.

Update from Vaya Health

Mr. Dustin Burleson, Regional Community Relations Director, provided an update on Vaya Health and the consolidation with Cardinal.  The proposed composition of the Board would be two directors appointed by each Regional Community Board; four directors appointed by Consumer & Family Advisory Committee with the goal that CFAC regions would align and there would be one director from each CFAC region); one director appointed by the DHHS Secretary; up to eight at-large directors appointed by the current Vaya Board in consultation with the Cardinal Board, CCABs, and counties (this would be appointed after the Regional Boards made their appointment); and the Provider Advisory Council President would serve as non-voting director along with up to three non-voting advisory directors.

 

Vaya was notified they received the Tailored Plan Award on July 26, 2021.  They were currently working to submit post-award documents as required by the NC DHHS.  In the process of developing contracts with pharmacy and physical health providers, Vaya planned to go live as a Tailored Plan on July 1, 2022, or one-year post award.  Watauga County currently has 5,566 Medicaid-eligible residents with an estimated 5,049 Medicaid members moving to Standard Plans in July.  An estimated 517 members would stay with Vaya after the July Standard Plan launch.

 

Mr. Burleson also announced that over 700 Narcan kits were distributed by Community Relations Regional Directors. 

 

Vaya’s Community Relations continued to coordinate and facilitate Department of Social Services (DSS) meetings across the catchment area by meeting with every DSS at least quarterly with some groups preferring to meet monthly. 

Planning and Inspections Matters

A.    Proposed Change Order # 4 for Middle Fork Greenway

 

Mr. Joe Furman, Planning and Inspections Director, presented Change Order #4 for the Middle Fork Greenway Section 4 project in the amount of $3,789.  The change order covered the removal of a pine tree and shrubs, addition of a split rail fence, bollard and 2 boulders.  As with the previous Change Orders, the funds to cover the costs would come from the Blue Ridge Conservancy.

 

Commissioner Turnbow, seconded by Commissioner Pertalion, moved to approve Change Order #4 for the Middle Fork Greenway Section 4 project in the amount of $3,789 with the funds to come from the Blue Ridge Conservancy.

 

VOTE:  Aye-5

             Nay-0

 

B.    Request to Include Additional Amendments to the Public Hearing for Citizen Comment on Proposed Amendments to the Watauga County Planning & Development Ordinance

 

Mr. Joe Furman presented additional amendments to development regulations to be added for public comment at the Public Hearing already scheduled for November 16, 2021.  Mr. Furman stated that Session Law 2021-138 was recently ratified and then signed into law September 2, 2021.  It contained a provision in Part XIII that "decriminalizes" local ordinances, and takes effect December 1, 2021.  The law required the amendment of the Planning & Development Ordinance to remove all references to using criminal enforcement procedures.  The law does not affect the County's ability to use civil penalties.  As a practical matter, the County has almost exclusively used civil penalties when any penalties were necessary. Mr. Furman reviewed the proposed amendments and requested they be considered during the previously scheduled November 16, 2021, public hearing at which time other amendments to that ordinance were being considered.

 

Chairman Welch stated that the additional amendments would be included for citizen comment at the November 16, 2021, public hearing for amendments to the Watauga County Planning and Development Ordinance.

Project on Aging Annual Report

Ms. Angie Boitnotte, Project on Aging Director, presented the Fiscal Year 2021 annual comprehensive evaluation of the agency’s operations and policies as required by the North Carolina Division of Health Service Regulation.

 

Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to accept the annual report as presented by Ms. Boitnotte.

 

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 September 2021.  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 September 2021 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to approve the Refunds and Releases Report for September 2021 as presented.

 

VOTE:  Aye-5

             Nay-0

 

C.    Request to Schedule Public Hearing to Allow Citizen Comments on the 2022 Schedule of Values

 

Mr. Larry Warren, Tax Administrator, introduced Mr. Ryan Vincent, with Vincent Valuations, who presented the 2022 Schedule of Values to be used in establishing prices for properties.  A public hearing was required to allow public comment on the Schedule of Values and was requested to be scheduled for November 16, 2021.  Consideration for adoption of the 2022 Schedule of Values was also requested for November 16 should there be no public comments.  The Schedule of Values would be available on the County’s website and a hard copy in the Tax Administrator’s Office.

 

Commissioner Turnbow, seconded by Commissioner Wallin, moved to schedule a public hearing to allow citizen comments on the 2022 Schedule of Values for November 16, 2021, at 5:30 P.M.

 

VOTE:  Aye-5

             Nay-0

Appointment of Dangerous Dog Appeal Board and Appeal of Dangerous Dog Designation

County Manager Geouque stated that Section V. Animal Management, Subsection Section 5A. Confinement and Control of Dangerous Domestic Animals of the Watauga County Animal Care and Control Ordinance addressed issues related to animals deemed “dangerous” or “potentially dangerous.”  Owners of animals deemed “dangerous” or “potentially dangerous” could request reconsideration of the designation to the appeals board appointed by the Board of Commissioners.  The last appeal received by the Board was in 2011.  Due to the limited turnaround time in responding to the appeal and the infrequent amount of appeals staff would recommend the Board serve as the Dangerous Dog Appeal Board for the Animal Care and Control Ordinance.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to appoint the Board of Commissioners to serve as the appeals board for the Watauga County Animal Care and Control Ordinance.

 

VOTE:  Aye-5

             Nay-0

 

Upon the Board being appointed as the appeals board, there was a current appeal to be heard.

 

Chairman Welch called upon Animal Control Officer Eric Presnell to provide his report.  Mr. Presenll stated that the incident happened at approximately 8:23 P.M. on September 24, 2021, in the parking lot of Lowe’s Hardware.  Nothing was intentional; however, Mr. Thomas Jahns dogs “Cheese” and “Tank” did attack Ms. Dee Dee Taylor and her dog, “Lula” while Ms. Taylor had her dog properly restrained on a leash.  The dogs were tested for rabies and the results were negative.  “Lula” and Ms. Taylor were both injured during the attack.  Mr. Jahns requested the dangerous dog designation given by the Animal Care and Control Office to his dogs be overturned.  Ms. Taylor stated that she was attacked by both “Cheese” and “Tank” and required stiches for herself and “Lula” has had three surgeries due to the incident.  Ms. Taylor stated that she was tankful that “Cheese” and “Tank” were not going to have to be put down but did agree with the dangerous dog designation.

 

Chairman Welch acknowledged Ms. Kayla Dillard’s presence at the meeting and stated that they had her written statement as a witness to the incident as well as written statements from Mr. Jahns and Mr. Presnell.  County Manager Geouque shared a video, taken by the Lowe’s Hardware parking lot camera which showed the incident.

 

Mr. Jahns appealed the dangerous designation of both his dogs and requested the designation be reversed.

 

After reviewing the reports and hearing Mr. Presnell, Mr. Jahns, and Ms. Taylor speak, Vice-Chairman Kennedy, seconded by Commissioner Turnbow, moved to uphold the Animal Care and Control’s designation as a Dangerous Dog for both of Mr. Jahns dogs, “Cheese” and “Tank.”

 

VOTE:  Aye-5

             Nay-0

Miscellaneous Administrative Matters

A.    Proposed Daymark Lease Renewal

 

A resolution for the lease renewal for Daymark Recovery Services office space has been adopted and advertised for the required ten-day period.  The space to be leased was at the County’s Human Service Building and included 13,775 square feet of space.  Daymark agreed to lease the space at the rate of $10 per square foot ($137,750 per year) in monthly installments of $11,479.17.  The new lease term would be from July 1, 2021, to June 30, 2024.  Included in the lease under Section 10 was an additional fee in the amount of $67,718 per year, to be paid in monthly installments of $5,643.17, which was to cover utilities and janitorial services.

 

Vice-Chairman Kennedy, seconded by Commissioner Pertalion, moved to approve the lease with Daymark Recovery Services as presented by the County Manager.

 

VOTE:  Aye-5

             Nay-0

 

B.    Recommended Contract Award for Employee Medical, Dental, and Life Insurance

 

County Manager Geouque stated that renewal rates had been received for medical, dental, and life insurance benefits.  The initial renewal rate received from CIGNA for medical insurance was a 22.2% increase.  Further negotiations and analysis of additional claims reduced the increase to 5.04 %.

 

Dental and Life insurance premiums through Ameritas Dental and Symetra will remain unchanged due to the current rate lock.

 

Staff recommends CIGNA’s Level Funding plan for the County’s medical insurance with a 5.04% increase and for the County to fund $1,000 into each eligible employee’s HSA account.  Staff further recommends Ameritas Dental and Symetra Financial for dental and life insurance.  Adequate funds have been budgeted to cover the renewal rates. 

 

Commissioner Turnbow, seconded by Commissioner Pertalion, moved to approve CIGNA’s Level Funding plan for the County’s medical insurance with a 5.04% increase and for the County to fund $1,000 into each eligible employee’s HSA account as well as approve Ameritas Dental and Symetra Financial for life insurance.

VOTE:  Aye-5

             Nay-0

 

C.    Boards and Commissions

 

County Manager Geouque presented the following for consideration:

 

Watauga County Board of Adjustment

The Board of Adjustment term of Mr. Lonnie Webster was set to expire in November 2021.  Mr. Webster did not wish to be reappointed.  The revised North Carolina General Statute 160D no longer makes any mention of appointments representing zoned areas of counties with partial-county zoning; therefore, it was not necessary to consider where appointees live.  The term will be for three years.  Citizens were encouraged to apply to serve on the Board.

 

Watauga County Planning Board

The At-Large Planning Board term of Mr. Ric Mattar was set to expire in December 2021. Mr. Mattar was willing to be reappointed for the four-year term.

 

Commissioner Wallin, seconded by Commissioner Turnbow, moved to waive the second reading and reappoint Mr. Ric Mattar as an At-Large Planning Board with a term that ends December 31, 2025.

 

VOTE:  Aye-5

             Nay-0

 

Adult Care Home Community Advisory Committee

Pat Taylor and Karen Robertson were no longer eligible to serve on the Adult Care Home Community Advisory Committee and, therefore, Stevie John, Regional Ombudsman, had requested the two be formally removed as members of the Committee.

 

Commissioner Turnbow, seconded by Vice-Chairman Kennedy, moved to remove Pat Taylor and Karen Robertson as members of the Adult Care Home Community Advisory Committee.

 

VOTE:  Aye-5

             Nay-0

 

D.    America Recovery Plan Contract

 

County Manager Geouque stated that discussion was needed with the County Attorney in Closed Session regarding a recent American Recovery Plan (ARP) contract and possible action could take place after Closed Session.

 

E.    Announcements

 

County Manager Geouque announced the following:

 

·       The Watauga County Parks and Recreation Department scheduled a Trunk or Treat event at the Community Recreation Center (CRC) on Sunday, October 31, 2021, from 6:00-8:00 P.M.  Contact Parks and Recreation to register your trunk for the event.

 

·       The regular meeting of the Board of Commissioners scheduled for November 2, 2021, has been cancelled.  The next regular meeting will be held at 5:30 P.M. on Tuesday, November 16, 2021, in the Commissioners’ Board Room.

 

·       Two Public Hearings will be held at 5:30 P.M. on Tuesday, November 16, 2021; one to allow citizen comment on proposed amendments to the Watauga County Planning & Development Ordinance and one to allow citizen comment on the 2022 Schedule of Values.

Public Comment

Mr. Michael Bugge shared an open letter with the Board regarding issues and concerns associated with The Cottages of Boone rental housing development.

 

Chairman Welch stated that the Health Department had reached out to the State to make sure the health concerns do not happen again.  Ms. Jen Greene, Director of AppHealthCare, stated that the North Carolina Department of Environmental Quality were consulting with the Attorney General’s Office regarding The Cottages.

Closed Session

At 7:09 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 Wallin, moved to resume the open meeting at 7:59 P.M.

VOTE:  Aye-5

             Nay-0

Possible Action After Closed Session

 

County Attorney di Santi made the following statement:

 

Because of the difference in federal law regarding the funds the County is to receive from the United States pursuant to the American Recovery Plan, which the county intends to use a portion thereof to provide broadband to unserved and underserved areas of the County, and NC law regarding the County’s use of the funds, it is necessary to rescind the contract which the county executed with Blue Ridge Electric Membership Corporation and Skyline/Skybest, to which both entities agree and have confirmed.  An amendment to the NC law has been introduced and is pending before the NC General Assembly in hopes that it is adopted so that the County can proceed with its broadband initiative with the American Recovery Plan funds appropriated to the County.

 

Vice-Chairman Kennedy, seconded by Commissioner Wallin, moved to rescind the contract between Blue Ridge Energy and Skybest/Skyline and Watauga County which was approved at the August 17, 2021, Board meeting.

 

VOTE:  Aye-5

             Nay-0

Adjourn

Commissioner Wallin, seconded by Vice-Chairman Kennedy, moved to adjourn the meeting at 8:02 P.M.

 

VOTE:  Aye-5

             Nay-0

 

John Welch, Vice-Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board