AGENDA PACKET

FOR

OCTOBER 11, 2021

REGULAR MEETING

OF THE

YANCEY COUNTY BOARD OF COMMISSIONERS

AGENDA

YANCEY COUNTY BOARD OF COMMISSIONERS

REGULAR BUSINESS MEETING

OCTOBER 11, 2021

6:00 PM

I. Call to Order – Chairman Jeff Whitson

II. Invocation and Pledge of Allegiance to the Flag

III. Approval of the Agenda

IV. Consent Agenda

a. Approval of September 13, 2021 Regular Meeting Minutes

b. Anchor QEA Landfill Sampling Agreement - Informational

c. September 2021 Tax Collection Reports – Informational

V. YCTA Public Transportation Program

a. PUBLIC HEARING

VI. Appointment

a. Mayland Community College Board of Trustees – Reappointment Request

VII. County Manager’s Report – Lynn Austin

a. Easement Access

b. Landfill Update

c. Old Library Update

VIII. County Commissioners’ Report

IX. Public Comments

X. County Attorney’s Report – Donny Laws

a. Opioid Lawsuit Update

XI. Closed Session

XII. Adjourn

CONSENT AGENDA ITEMS

Description

The consent agenda presented for the October 2021 Regular Meeting includes the following for review and

approval:

a. Approval of September 13, 2021 Regular Meeting Minutes

b. Anchor QEA Landfill Sampling Agreement - Informational

c. September 2021 Tax Collection Reports – Informational

Item Presenter

Board Action Requested

Approve the Consent Agenda Items

Minutes of the September 13, 2021

Regular Meeting of the Yancey County Board Of Commissioners

Held at 6:00 pm in the Yancey County Courtroom

Yancey County Courthouse, Burnsville North Carolina

Present at the meeting held September 13, 2021 were Chairman Jeff Whitson,

Commissioner David Grindstaff, Commissioner Jill Austin, and Commissioner Mark Ledford,

County Manager Lynn Austin, County Finance Officer Brandi Burleson, County Finance

Director Lynne Hensley, Planning and Economic Development Director Jamie McMahan,

County Attorney Donny Laws, and Clerk to the Board Sonya Morgan. Members of the media

and the general public attended the meeting.

Call to Order

Chairman Whitson called the meeting to order and welcomed those in attendance.

Invocation and Pledge of Allegiance to the Flag

Chairman Whitson delivered the invocation. Commissioner Ledford led the Pledge of

Allegiance to the Flag.

Approval of the Agenda

Chairman Whitson asked for a motion to approve the agenda. Commissioner Ledford

made the motion to approve the agenda. Commissioner Grindstaff seconded the motion. By

unanimous vote, the agenda was approved. (Attachment A)

Appointment to Vacant Seat of the Yancey County Board of Commissioners

The meeting began with former Commissioner Johnny Riddle addressing the Board and

those in attendance. Mr. Riddle said that he had served as a commissioner for 13 years when an

opportunity presented that prompted his resignation as a commissioner; specifically he could not

hold two elected seats. (Attachment B) He reported that Tammy McEntyre, Clerk of Superior

Court for Yancey County would be retiring September 30 and he would be sworn in on October

1, filling the Clerk of Superior Court position. Mr. Riddle said he was honored to have served 13

years, had seen much accomplished during his tenure, and thanked everyone for the opportunity.

Mr. Riddle said when he asked Jon Ray if he would be willing to serve he had responded he

would be honored. Mr. Riddle said Mr. Ray was involved in several community service projects

and was currently serving on the Economic Development Commission board. Mr. Riddle stated

he thought Mr. Ray would do a great job. Chairman Whitson thanked Mr. Riddle for his service,

stated it had been an honor to serve with him, and said Mr. Riddle had been a tremendous asset

to Yancey County. Pursuant to N.C. Gen. Stat. § 153A-27.1, the Yancey County Democratic

Party Executive Committee submitted a recommendation to the Board to appoint Jonathan Lewis

Ray to the seat vacated by former Commissioner Johnny Riddle. (Attachment C) Commissioner

Austin made the motion to accept the resignation of outgoing Commissioner Johnny Riddle and

appoint Jonathan Lewis Ray (Jon Ray) to the Yancey County Board of Commissioners filling the

vacant Board seat. Commissioner Ledford seconded the motion. By unanimous vote, the

motion was approved. Yancey County Clerk of Superior Court Tammy McIntyre administered

the oath of office and Jon Ray was sworn in as Commissioner to the Yancey County Board of

Commissioners. (Attachment D) Commissioner Ray immediately assumed the duties on the

Board, filling the vacant seat. Chairman Whitson welcomed Commissioner Ray aboard and

expressed his appreciation for his willingness to serve.

Consent Agenda

Chairman Whitson read through the items on the consent agenda as follows:

a. Approval of August 9, 2021 Regular Meeting Minutes

b. Approval of August 23, 2021 Special Meeting Minutes

c. Anchor QEA Landfill Monitoring Contract for Fiscal Year 2021-22 –

Informational (Attachment E)

d. Natural Resources Conservation Service Letter of Request for Federal Assistance

– Informational (Attachment F)

e. August 2021 Tax Collection Reports – Informational (Attachment G)

Chairman Whitson asked for a motion to approve the items on the consent agenda.

Commissioner Grindstaff made the motion to approve the consent agenda, which was seconded

by Commissioner Austin. By unanimous vote, the consent agenda was approved.

Public Hearing - Project Oaks

Chairman Whitson recognized Planning and Economic Development Director Jamie

McMahan and asked him to report on the proposal to appropriate and expend county funds for an

economic development project to aid and encourage Project Oaks to locate its commercial

hospitality and service industry operations in Yancey County, North Carolina. The Yancey

County Board of County Commissioners is considering entering into an economic development

incentive agreement with Project Oaks in a proposed amount not to exceed $100,218.30 from

available revenues to be paid in annual installments over a period of five (5) years. (Attachment

H) Mr. McMahan addressed the Board and reviewed the Proposed Incentive Offer for Project

Oaks, noting this incentive project was previously discussed and had grown to include three

parcels of real estate in Yancey County, with an increase over the current assessed value of

$4,772,300, for a proposed total investment of $6,275,000. Mr. McMahan stated the proposed

plan would still net more in ad valorem revenue, from $9,016 to $28,633. He also reported that

the incentive plan would also result in the creation of 42 jobs. Mr. McMahan requested at the

conclusion of the public hearing the Board authorize the presentation of the incentive and have

the county attorney draft the incentive agreement. Chairman Whitson opened the floor for the

purpose of receiving comments on the economic development proposal for Project Oaks.

Hearing none, Chairman Whitson asked for a motion to close the public hearing. Commissioner

Ledford made the motion to close the public hearing, with Commissioner Grindstaff seconding

the motion. By unanimous vote, the motion was approved. Commissioner Austin made the

motion to authorize the presentation of the Proposed Incentive Offer for Project Oaks and have

the county attorney draft the incentive agreement. Commissioner Ray seconded the motion. By

unanimous vote, the motion was approved.

Appointments

Next on the agenda was the appointment to fulfill the terms of three board seats being

vacated by former Commissioner Riddle. Chairman Whitson stated the first appointment being

considered was the High Country Council of Governments (High Country COG) seat. Chairman

Whitson stated the seat was typically held by the Board chairman, and indicated his willingness

to serve. Commissioner Grindstaff made the motion to appoint Chairman Whitson to the High

Country COG Board, with Commissioner Ledford seconding the motion. By unanimous vote,

the motion was approved. The second board vacancy considered was the MAY Coalition board

seat. Commissioner Ledford made the motion to appoint Commissioner Grindstaff to the MAY

Coalition board. Commissioner Austin seconded the motion. By unanimous vote, the motion

was approved. Commissioner Grindstaff made the motion to appoint Commissioner Ledford to

the Mayland Community College Board of Trustees, with Commissioner Ray seconding the

motion. By unanimous vote, the motion was approved.

County Manager’s Report

County Manager Austin addressed the Board and recognized Emergency Management

Director Jeff Howell to give an update on damages from Tropical Storm Fred. Mr. Howell

reported the county had been approved for public assistance, particularly due to DOT projects

and damage occurring at Cane River Park and Toe River Campground. Mr. Howell reported the

requests for individual assistance did not get approved for homeowners and private business

owners. He further reported Representative Mark Pless had put in a request for assistance for

bridges and drives, but the funding is not yet available. Mr. Howell stated emergency

management is encouraging those with damage to continue to take pictures, keep receipts, and

submit them to help keep up with the damages. County Manager Austin reported emergency

temporary repair work had been done at Cane River Park; silt was removed from the soccer field

and the berm was put back immediately.

County Manager Austin then gave brief update on several projects. She reported work is

continuing on the East Yancey Water & Sewer District project with efforts being made to reroute

the line. She also stated the work at Ray Cort Park was almost finished, with little damage

sustained during the storm. County Manager Austin reported the playground equipment at Cane

River Park should be installed in the near future and stated once the scope of work was

completed, the current project would be closed out and repairs to damage resulting from Tropical

Storm Fred would be carried out as another event. County Manager Austin reported she and

Commissioner Austin had delivered checks to each of the schools for teachers to purchase

supplies and that everyone was very appreciative. She also reported that she, Mr. McMahan, and

County Attorney Laws had traveled to Boston since the last Board meeting to visit the Little Leaf

Farms operation, stating it had given them a renewed energy for the project. She said the climate

in Yancey County was optimal for the process and production at the facility would be double in

the county as to what they saw. County Manager Austin reported that debris removal began in

the Cane River and started at the bridge at Murchison. While further damage occurred from

Tropical Storm Fred, the contractor could not go back, but was only allowed to continue down

river, as additional damage is considered another event. She also reported the county had

received money from DOT for the school project right of way. County Manager Austin also

stated EMS is continuing to receive approximately $100,000 per month, with back pay

anticipated from Medicaid.

County Manager Austin stated that the Toe River Arts Council (TRAC) had asked about

the possibility of using the old library building currently open to the public for information

technology. Mr. McMahan indicated TRAC had made the request, as they are looking for better

gallery space in Burnsville. He indicated the county might possibly lease the building and

leverage some money to renovate. County Manager Austin and Mr. McMahan asked if the

Board would be interested in county management having a conversation with TRAC about the

possibility of a lease and building renovations. Chairman Whitson asked county management to

have the conversation with TRAC and bring the information to the Board for consideration.

County Manager Austin reported the building permit for the Yancey County Community

Resource Center (“farmer’s market”) had been turned in. She also stated the site was supposed

to have been graded but rain had delayed some of the ongoing projects.

County Commissioners’ Report

The Commissioners did not have anything to report.

County Attorney’s Report

County Attorney Donny Laws did not have anything to report.

Public Comments

Tom Robinson spoke on America. Joannie Schultz spoke on varied topics.

Adjournment

Having no further business, Commissioner Grindstaff made the motion to adjourn with

Commissioner Ledford seconding the motion. The Board of Commissioners voted unanimously

to adjourn.

Approved and authenticated this the 11th

day of October 2021.

___________________________________

Jeff Whitson, Chairman

___________________________________

David Grindstaff, Vice Chairman

___________________________________

Jill Austin, Commissioner

__________________________________

Sonya Morgan, Clerk to the Board

____________________________________

Mark Ledford, Commissioner

(county seal)

____________________________________

Jon Ray, Commissioner

YCTA Public Transportation Program

PUBLIC HEARING

Description

The Yancey County Board of Commissioners is holding a public hearing on the FY 2023 Community

Transportation Program Application to be submitted to the NCDOT. Following is a copy of the public hearing

notice detailing the proposed budgeted local share subject to State funding availability.

Item Presenter

Michael Harris

Board Action Requested

Approve Application

Appointment

Mayland Community College Board of Trustees

Description

Following is a letter from Dr. John Boyd, President, Mayland Community College, requesting the

reappointment of Wanda Proffitt to the MCC Board of Trustees for a four-year term beginning July 1, 2021.

Item Presenter

Board Action Requested

Approve Reappointment

County Manager’s Report

Description

County Manager Austin will be presenting the following items as part of her report.

a. Easement Access – A map of the subject property follows.

b. Landfill Update

c. Old Library Update

Item Presenter

Board Action Requested