MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, JULY 20, 2010

 

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, July 20, 2010, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.

 

                        PRESENT:       Jim Deal, Chairman

                                                William R. Winkler, III, Vice-Chairman

                                                John Cooper, Commissioner

                                                Winston Kinsey, Commissioner

                                                Andrea Capua, County Attorney

                                    Robert E. Nelson, Jr., County Manager

                                    Deron Geouque, Deputy County Manager

                                                Anita J. Fogle, Clerk to the Board

 

            Chairman Deal called the meeting to order at 6:00 P.M., welcoming those in attendance.

 

            Chairman Deal opened the meeting with a prayer.

 

                [Commissioner Futrelle was absent due to a family illness.]

 

APPROVAL OF MINUTES

 

            Chairman Deal called for additions and/or corrections to the June 29, 2010, regular meeting and closed session minutes.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the June 29, 2010, regular meeting minutes as presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the June 29, 2010, closed session minutes as presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

APPROVAL OF AGENDA

 

            Chairman Deal called for additions and/or corrections to the July 20, 2010, agenda.

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the July 20, 2010, agenda as presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE DRAFT WATAUGA COUNTY AGRICULTURAL DEVELOPMENT AND FARMLAND PRESERVATION PLAN

 

Chairman Deal declared the public hearing open at 6:04 P.M. to allow for comment on the draft Watauga County Agricultural Development and Farmland Preservation Plan.

 

            Mr. Brian Chatham, Soil and Water Conservation Technician, presented a review of the draft Plan and welcomed all comments.  Mr. Chatham stated that the plan contained input that was collected from Community Meetings that were held and from some local farmers. 

 

            The following citizens shared their comments on the plan:  Ms. Deborah Greene, whose family operated a local farm, provided the Board with a handout detailing her concerns; Mr. Bill Moretz, a local farmer; Mr. Joe Martin, representing the local Farmer’s Market and the New River Organic Growers Association; Mr. Jeffrey Scott, a sub-contractor with Unique Places, the organization who prepared the draft plan; and Ms. Susie Winters, a local farmer.

 

There being no further public comment, Chairman Deal declared the public hearing closed at 6:46 P.M.

 

            Chairman Deal stated that the purpose of the plan was to help the preservation of local farms and to help local farmers become more successful in their farming operations.

 

            Commissioner Kinsey stated that he had farmed most of his life and appreciated the work that went into the preparation of the plan.

 

            Chairman Deal stated that the information received during the public hearing was to be considered while the draft plan continued to be developed for future consideration.

 

WILDSOUTH REPORT – GRANDFATHER NATIONAL SCENIC AREA

 

Mr. Chris Joyell with WildSouth presented a report on advocacy for the development of the Grandfather National Scenic Area.  WildSouth was seeking a congressional designation to establish the Grandfather National Scenic Area, which was to permanently protect 25,000 acres of forest comprising the viewsheds of Blowing Rock and Grandfather Mountain.  Mr. Joyell stated that regional natural amenities were economic engines for Western North Carolina with tourism bringing in more than $150 million annually to Watauga County and directly providing 3,000 steady jobs to County residents.  Mr. Joyell stated that, by designating a new Grandfather National Scenic Area in the Pisgah National Forest, the federal government could permanently protect some of the region’s most precious economic assets: scenic views from the Blue Ridge Parkway and the tourist destinations of Blowing Rock and Grandfather Mountain.  A designation would also offer the following economic dividends for the Blue Ridge region and North Carolina:  reinforce Western North Carolina’s brand as a scenic, conservation-minded region, increase the property value of homes and real estate in the viewshed, benefit tourism-dependent businesses, and preserve the attractiveness of the Blue Ridge Parkway as a vacation destination.

 

Mr. Joyell presented a resolution in support of the designation of the Grandfather National Scenic Area for consideration by the Board.

 

Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution in support of the designation of the Grandfather National Scenic Area as presented by Mr. Joyell and directed staff to forward the resolution to the appropriate representatives.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

SCHOOL MATTERS

 

            A.        New High School Matters

 

                        1.         Change Order and Funding Request for Soccer Field – Mr. Dennis Ray requested a change order for the new high school project in the amount of $436,130 for the purpose of field turfing the soccer field.  Turf for the soccer field had been considered from the beginning of the project; however, plans for turfing the field had been cut due to funding.  Mr. Ray stated that School Superintendent Marty Hemric had worked with the budget and the Board of Education to prepare the following funding proposal:

 

Funding Source

Amount

FF&E Balance

$168,541.08

Watauga County Contribution

$50,000.00

Projected relief from Line # 54 “Equipment Not Specified”

$45,000.00

Projected relief from Line # 56 “Additional Tech Office Costs”

$40,000.00

Transfer of current bleachers in lieu of new purchases (relief from Change Order # 46)

$15,397.40

Stone discount/donation *In process – not yet attained

$10,000.00

Projected savings from pending items – not yet attained

$20,000.00

Sum of Funding Sources

$348,938.48

Total Cost for Turfing

$436,130.00

Balance

($87,191.52)

 

            Mr. Ray stated that the proposal included a request that the County contribute an additional $50,000 for this change order.  County Manager Nelson stated that all of the funding for the change order had not yet been identified; however, the County could identify the $50,000 contribution from right-of-way set aside for the widening of Old Hwy 421 (East King Street).  Mr. Ray stated that the Board of Education was to be responsible for any additional funds necessary to complete the turfing project above the budgeted Furniture, Fixtures, & Equipment (FF&E) amount.

 

 

            After discussion, Commissioner Cooper, seconded by Vice-Chairman Winkler, moved:  1)  to approve the change order to fund the soccer field turf project, as presented by Mr. Ray; and 2)  to authorize Watauga County to contribute $50,000 toward the project, with the funds to be allocated from the right-of-way set aside funds for the Old Hwy 421 widening project; contingent upon the following:  1)  the Board of Education being responsible for funding the project balance after expending the FF&E allocation and the Watauga County contribution of $50,000; and 2)  County Attorney review of the contract for installation of the turf.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

2.         Construction Contingency Management Requests #s 65 & 66 – County Manager Nelson presented Construction Management Contingency requests #’s 65 and 66.  Contingency Request # 65, in the amount of $1,761.04, was for repair to damaged doors and metal frames as well as replacement of lost or stolen goods.  Contingency Request # 66, in the amount of $1,590.28, was to fund repairs needed at the recently sold Edmisten House which were due to a sewer line that was severed during the installation of fencing and landscaping creating a spill in the basement of the house.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve Construction Management Contingency Request # 65, in the amount of $1,761.04, and # 66, in the amount of $1,590.28, as presented by the County Manager.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

 

            B.         Mabel Elementary School Roof Project Change Order RequestsMr. Dennis Ray presented two Change Order requests for the Mabel School roof project.  The first, in the amount of $5,342.63, was necessitated due to an increase in the price of metal.  The second, in the amount of $18,442.00, was to replace damaged framing, gypsum board sheathing and EIFS system in areas which were showing exterior visible damage.   The total amount requested for the change orders exceeds the $20,000 project contingency amount by $3,784.63.  Mr. Ray stated that, to date, the $6,500 contingency set aside for the Blowing Rock Elementary School roof project had not been used and was not anticipated to be used.  Mr. Ray requested to use the Blowing Rock Elementary School roof project contingency to fund the remainder of the requested change orders with the understanding that the Board of Education was to be responsible for providing funds to cover the costs of both roof projects should the projects exceed budgeted amounts, including the contingencies.

 

Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the change orders for the Mabel Elementary School roof project and to authorize the combination of the Mabel Elementary School and Blowing Rock Elementary School roof projects contingencies to fund the change orders, contingent upon the Board of Education being responsible for paying any amount for either roof project that exceeds the combined total for the two projects, including the contingency amounts.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

 

PLANNING AND INSPECTIONS MATTERS

 

            A.        Change Order Request for Hospitality House CDBG Project – The Board reviewed Change Order # 3 for the Hospitality House CDBG Project in the amount of $340 for additional gravel in the parking area.  The funding source for the change order was the Hospitality House contingency fund.

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve Change Order # 3 for the Hospitality House Project in the amount of $340.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

            B.         Watauga Opportunities Request for Loan Payment Waiver – The Board reviewed a waiver request for the annual $10,000 payment due for an agreement with Watauga Opportunities, Inc. in which $50,000 for upgrades to their facility was granted through the Economic Development Commission by either loan or grant.  The loan was to be repaid in $10,000 increments; however, if the agreed number of jobs were created and maintained throughout the year, the annual installment was to be forgiven.  The Board reviewed documentation which was furnished to the Economic Development Commission (EDC) stating that the appropriate number of jobs was maintained this past fiscal year.

 

Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the waiver of Watauga Opportunities’ payment of $10,000, which was due July 1, 2010, for the Economic Development loan agreement as documentation was provided to verify that the required stipulations were met.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

C.        Extension Request for North Carolina Economic Development Recovery Zone Bonds – Mr. Furman stated that Recovery Zone Bonds had been requested, approved, and extended for Watauga County’s proposed recreation center project by the North Carolina Tax Reform Allocation Committee (TRAC).  Mr. Furman requested authorization for staff to request an additional extension and/or reallocation of Recovery Zone Bonds as needed for the recreational center project.

 

Commissioner Kinsey, seconded by Commissioner Cooper, moved to authorize staff to request an extension and/or reallocation of Recovery Zone Bonds through the North Carolina Tax Reform Allocation Committee as needed.

 

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

D.        Brookshire Park Greenway Report and Grant Extension Request – Mr. Furman presented a status report on the Greenway work at the Brookshire Park.  The EPA 319 grant applied for in conjunction with the project was not awarded and, therefore, the County withdrew the Clean Water Management Trust Fund grant application which was dependant upon the EPA 319 grant.  Mr. Furman stated that, before construction began on the Greenway using the $35,000 NCDOT grant, there was a need to conduct some environmental design work to enhance the tributaries entering the main stem of the South Fork. 

 

Due to a Recreation Trails Program grant, in an amount up to $75,000, potentially being available to fund paving for this project, Mr. Furman had spoken with Mr. Mike Pettyjohn at the Department of Transportation regarding a one-year extension on the $35,000 grant.  A request to extend the grant was made to allow the funds to be used to leverage the $75,000 grant for more work to be accomplished at the same time of the Greenway extension.  Mr. Pettyjohn indicated to Mr. Furman that, as long as the County was showing progress toward meeting the grant requirements, extension for the $35,000 grant should be granted; however, Mr. Pettyjohn suggested waiting until spring to request the extension.  Mr. Furman stated that, if the $75,000 grant was not acquired, then the $35,000 grant would be spent toward the project as intended.

 

Mr. Eric Woolridge stated that the application deadline for the $75,000 grant was in January with award announcements to be made in April 2011 and that some of the $35,000 was to be used in the meantime for engineering.

 

This report was given for information only at this time.

 

GRANT AGREEMENT REQUEST FOR SEARCH AND RESCUE EXERCISE

 

            County Manager Nelson presented a proposed agreement between the Department of Crime Control and Public Safety and Watauga County in order to use Homeland Security Funds for the purpose of conducting a search-and-rescue exercise.  The agreement allows a pass-through Federal grant to be forwarded to the State through Watauga County for the purposes of conducting the training.

 

            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Memorandum of Agreement between the Department of Crime Control and Public Safety, Division of Emergency Management and Watauga County indicating the pass-through of funds as presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

TAX MATTERS

 

            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of June 2010.

 

 

B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for June 2010 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for June 2010, as presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Requested Approval for Brush Grinding Contract – County Manager Nelson stated that Mr. J. V. Potter, Operations Services Director, had solicited bids for the grinding of storm debris (wood waste) at the Landfill.  The following bids were received:  Steve Whitley in the amount of $12.00 per ton and Superior Mulch in the amount of $12.95 per ton.

 

The County Manager stated that Mr. Potter requested the bid be awarded to Steve Whitley, the low bidder, in the amount of $12.00 per ton which equaled $24,000 for the current amount of debris at the Landfill.  Any additional debris that was generated while the contractor was on-site was to be processed for $12.00 per ton as well.

 

Due to the amount of debris at the Landfill and the history of working with Steve Whitley, the County Manager had requested that the grinding begin on Monday, July 19, 2010; and, therefore, requested the contract be retroactive to Monday, July 19, 2010.

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to award the brush grinding contract to Steve Whitley in the amount of $12.00 per ton retroactive to Monday, July 19, 2010.

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

B.         Proposed Contract for Custodial Services – The County Manager presented a proposed contract extension for custodial services between the County and Carolina Cleaning Service.  The extension was needed to allow time for the County to competitively bid for a three-year contract for custodial services.  The proposed contract was to be in effect until bids for the service were received and awarded.

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the contract with Carolina Cleaning Service at the weekly rates presented.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

C.        Draft Code of Ethics Discussion – County Manager Nelson stated that County Attorney di Santi had developed, as directed, a Code of Ethics based on the North Carolina Institute of Government’s model ethics policy. 

 

            Chairman Deal requested that the word “talon” be changed to “taken” in Section 3.b.

 

            Vice-Chairman Winkler, seconded by Commissioner Cooper, resolved to adopt the Code of Ethics Policy as amended.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

D.        AppalCART Public Hearing Request – Rural Operating Assistance Program – County Manager Nelson stated that Mr. Chris Turner, AppalCART Director, had requested that a public hearing to allow citizen comment on AppalCART’s Rural Operating Assistance Program Application be scheduled for the August 2, 2010, at 9:00 A.M.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to set a public hearing at the regular Board meeting on Monday, August 2, 2010, at 9:00 A.M.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

E.         Boards and Commissions – County Manager Nelson stated that the following had been nominated to serve on the North Carolina Senior Tar Heel Legislature:  Ms. Pat Coley, as the Watauga County delegate, and Dr. Ed Rosenburg, as the Watauga County alternate.  The Senior Tar Heel Legislature members also served as the Watauga County members of the Advisory Committee on Aging for the High Country Council of Governments.

 

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive the second reading and appoint Ms. Pat Coley, as the Watauga County delegate, and appoint Dr. Ed Rosenburg, as the Watauga County alternate, to the North Carolina Senior Tar Heel Legislature and as Watauga County representatives on the Advisory Committee on Aging for the High Country Council of Governments.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

            County Manager Nelson stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans within their seven-county region.  They also assisted in marketing and packaging loans for small businesses throughout the region.  Per their bylaws, each county within their region was required to appoint four persons to serve as members of the Development Corporation each year.  Representative categories were local government (1), private lending institution (1), and community organization or a business organization (2).  The current appointees were as follows:  Mr. Fowler Cooper (Local Government); Mr. Brian Crutchfield (Community Organization); Mr. Jim Furman (Business Organization); and Mr. Brian Riggins (Private Lending Institution).  Each of those currently serving was eligible for reappointment.

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive the second reading and reappoint Fowler Cooper, Brian Crutchfield, Jim Furman, and Brian Riggins as Watauga County’s representatives to the Region D Development Corporation.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

                                                                  Nay-0

                                                                  Absent-1(Futrelle)

 

F.         Announcements – County Manger Nelson announced that the Old Hickory Council of the Boy Scouts of America had invited a representative of Watauga County (and his/her guest) to help celebrate the 100th Anniversary of the Boy Scouts of America at the new BB&T Ballpark in Winston-Salem on Saturday, July 31, 2010, with activities beginning at 4:00 P.M.

 

County Manager Nelson announced that the Watauga County Board of Education was holding a dedication and ribbon-cutting ceremony at the new Watauga High School on Friday, July 30, 2010, at 10:00 A.M. with tours of the new school available following the dedication ceremony.  County Manager Nelson stated that Governor Perdue was scheduled to be the key-note speaker.

 

            County Manager Nelson announced that the Watauga County Tourism Development Authority was hosting a Rocky Knob Trail Kick Off meeting at 6:00 P.M. on Thursday, July 29, 2010, at the Broyhill Inn, where an update was to be given on the current development and construction schedule of Rocky Knob Park.

 

            County Manager Nelson announced that the North Carolina Association of County Commissioners’ annual conference was scheduled for August 26-29, 2010, at the Greenville Convention Center in Pitt County. 

 

County Manager Nelson announced that the High Country Council of Governments had scheduled their Annual Banquet on Friday, September 10, 2010, at Linville Ridge.

 

PUBLIC COMMENT

 

The following citizens spoke during public comment: 

 

Mr. Alan Utter shared concerns regarding the proposed recreation center.

 

Ms. Deborah Greene shared concerns regarding the draft Watauga County Agricultural Development and Farmland Preservation Plan

 

CLOSED SESSION

 

            At 7:57 P.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Land Acquisition, per G. S. 143-318.11a(5)(i); and Personnel Matters, per G. S. 143-318.11(a)6).

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 8:58 P.M.

 

VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)

              Nay-0

              Absent-1(Futrelle)

 

ADJOURN

 

            Chairman Deal adjourned the meeting at 8:58 P.M.

 

 

Jim Deal, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board