MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 13, 2009
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, July 13, 2009, at 9:00 A.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
                                                Tim Futrelle, Commissioner
                                                Winston Kinsey, Commissioner
                                                Anthony di Santi, 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 9:00 A.M., welcoming those in attendance.
 
            Commissioner Cooper opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions and/or corrections to the June 16, 2009, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the June 16, 2009, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the June 16, 2009, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the July 13, 2009, agenda.
 
            The following items were requested to be added to the agenda: a discussion of Senate Bill 1068 and a proposed proclamation declaring August 8-15 as Farm City Week.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the July 13, 2009, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED AMBULANCE FRANCHISE AGREEMENT
 
            County Manager Nelson stated that he and Craig Sullivan, Owner of Watauga Medics, Inc., had met and discussed the proposed five-year contract extension for Ambulance Service.  Mr. Sullivan agreed to the changes that the Board requested at the last Board meeting regarding the automatic escalator. The contract called for no automatic increase but did hold the payment harmless should the CPI formula produce a negative result. Also, the maximum payment was to be 8% with a CPI formula generated rate of over 6% receiving half credit, up to 10%. Any amounts over 10% were not to be considered for adjustment purposes.
 
            Mr. Sullivan stated that there were very few changes to the proposed contract and also informed the Board that, even though the contract only required five ambulances, Watauga Medics, Inc., had eight ambulances and have had situations where all eight were in use at the same time.
 
            After brief discussion, Commissioner Kinsey, seconded by Commissioner Futrelle, moved to adopt the Ambulance Franchise Agreement as amended, contingent upon the County Manager and County Attorney incorporating the Agreement into a contract.
 
VOTE:   Aye-5
              Nay-0
 
DISCUSSION ON SENATE BILL 1068
 
            Mr. Steve Owen, Executive Director of AIRE (Appalachian Institute for Renewable Energy), stated that Senate Bill 1068 was currently working its way through the Senate committees in Raleigh. Mr. Owen stated that he had been part of the NC Wind Working Group and DENR’s Technical Advisory Group which was a mix of government, industry, community, and environmental organizations. These groups had worked to draft a statewide wind energy permitting bill which included a rigorous permitting and review process that balanced responsible wind development with environmental, aesthetic, heritage, economic, and scenic considerations. Mr. Owen stated that very recently a group of senators quietly inserted language that effectively banned wind power in the mountains. Mr. Owen stated that the Senate Finance Committee was to vote on the Bill on July 14, 2009, at 1:00 P.M.
 
            Mr. Owen requested that the Board of Commissioners call key senators and bill sponsors and ask them to restore the original bill that dealt with mountain permitting with the exception of one change which was requested to stay in the Bill. That change was that applications for permits had to receive notice from the State within 150 days of request.
 
            After discussion, Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt a resolution in support of wind energy development and permitting which was to include language requesting the restoration of the original bill and include the requirement for applicants to receive notice on their permit within 150 days of their request.
 
VOTE:   Aye-5
              Nay-0
 
SOIL AND WATER MATTERS
 
A.        Bid Award Request for Streambank Restoration on Cove Creek – Mr. Brian Chatham, Soil and Water Conservation Technician, presented a proposed low bid for streambank restoration in the Cove Creek area at the Parker farm. The low bid, which was from Brushy Fork Environmental Consulting, Inc., was in the amount of $119,546.20. Mr. Chatham stated that grant funds were to cover $84,098 with the balance to be paid by the North Carolina Ag Cost Share Program and the land owner. Mr. Chatham stated that there was no local match for the County.
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to award the bid for streambank restoration in the Cove Creek area at the Parker farm to Brushy Fork Environmental Consulting, Inc., in the amount of $119,546.20, with no local match required from the County, contingent upon the County Attorney’s review of the contract document when presented.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Bid Award Request for Agricultural and Farmland Protection Plan – Mr. Chatham proposed entering into a contract with Frontline Conservation Real Estate for the preparation of the County’s Agricultural and Farmland Protection Plan. This was to be funded through a grant from the North Carolina Department of Agriculture and Consumer Services which was previously announced. Mr. Chatham stated that the Plan was to, among other things, help find markets for local agriculture.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve entering into a contract with Frontline Conservation Real Estate for the preparation of the County’s Agricultural and Farmland Protection Plan, contingent upon the County Attorney’s review of the contract document when presented.
 
VOTE:   Aye-5
              Nay-0
 
C.        Update of Upper Watauga River Enhancement CG&L Loan/Grant – Mr. Chatham discussed the Watauga River Enhancement CG&L Loan/Grant previously approved in the amount of $580,000 for streambank restoration in the Foscoe area. The CG&L was to forgive half of the loan with the balance to be repaid by stimulus funding from the Clean Water Management Trust Fund. However, prior to the award of the grant funds, the forgiveness of the loan, and the subsequent repayment, the LGC required that the County document that it was able to afford to pay for the loan and also identify a funding source. Mr. Chatham requested the Board approve the submission of the form, LGC 108E, which documented Watauga County had the ability to pay for the loan from general fund revenues that were primarily ad valorem taxes in the amount of $14,500 annually for the twenty-year term of the no-interest loan. Mr. Chatham stated that Watauga County continued to have the option of not accepting the grant until agreements were signed by the respective agencies guaranteeing no cost to Watauga County as previously discussed.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the submission of the LGC 108E form as presented.
 
VOTE:   Aye-5
              Nay-0
 
BID AWARD REQUEST FOR BRUSH GRINDING
 
Mr. J. V. Potter, Operational Services Director, received the following four quotes for brush grinding for materials received at the Watauga County Sanitation Department: Superior Mulch, LLC in the amount of $20,198.75 ($16.25 per ton); Baker’s Construction Services in the amount of $21,056.42 ($16.94 per ton); Steve Joseph Whitley in the amount of $22,374.00 ($18.00 per ton); and Cana Contracting in the amount of $43,505.00 ($35.00 per ton).
 
Mr. Potter recommended the contract for brush grinding be awarded to Superior Mulch, LLC, the low bidder, in the amount of $16.25 per ton for a current approximate amount of $20,198.75. Mr. Potter also recommended that additional materials received prior to the conclusion of the contract be included at the same rate, which was the usual practice.
 
            County Manager Nelson stated that the proposed contract also required that all newly ground material be removed from the site as DENR had strongly recommended that no additional mulch be stored on site due to the volume on hand.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to award the contract for brush grinding to Superior Mulch, LLC, in the amount of $16.25 per ton for a current approximate amount of $20,198.75 with additional materials received prior to the conclusion of the contract included at the same rate and the provision that all newly ground material be removed from the site.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of June 2009.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for June 2009 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for June 2009, as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        Proposed Amendments to “An Ordinance to Govern the Height of Structures” – Mr. Joe Furman presented proposed amendments to An Ordinance to Govern the Height of Structures which was originally adopted in 1983 and amended in 1987. The proposed amendments simplified and removed conflicting language as well as corrected typos. A public hearing was typically held prior to adoption of amendments to this ordinance to allow citizen comment on the proposed changes.
 
            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to set a public hearing for Tuesday, August 18, 2009, to allow citizen comment on the proposed amendments to “An Ordinance to Govern the Height of Structures.”
 
VOTE:   Aye-5
              Nay-0
 
            B.         Community Development Block Grant (CDBG) Waiver Request for the Hospitality House Project – Mr. Joe Furman stated that the County was assisting the Hospitality House in construction of their new facility by applying for and administering Community Development Block Grant (CDBG) funds. In that the CDBG funds were a minor portion of the overall budget and plans were in place prior to the notice of award, the Hospitality House requested that the County submit a waiver request for the CDBG requirement for conducting the bidding process after the notice of award. Mr. Furman stated that, prior to the CDBG award, bids were solicited from eight contractors and the low bid was submitted by Wishon and Carter in the amount of $2,574,367. This firm continued to honor the price. The Hospitality House was of the opinion that to rebid the project would delay the schedule and potentially cost more. Mr. Furman stated that, due to time restraints, the waiver request letter was mailed June 19, 2009, with the understanding that it could be withdrawn if not approved.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the letter requesting a waiver for the CDBG requirement for conducting the bidding process after the notice of award.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED AMENDMENTS TO THE WATAUGA COUNTY ANIMAL CARE AND CONTROL ORDINANCE
 
            Deputy County Manager Geouque requested a public hearing be set for the August 18, 2009, Board meeting to allow citizen comment on proposed amendments to the Watauga County Animal Care and Control Ordinance. The primary amendment addressed officers being required to attend an animal cruelty class/training each year. The proposed ordinance also included a graduated fee schedule for offenses which was in accordance with other County ordinances. An amended citation form was also presented to reflect the proposed fee schedule. Other proposed changes included the correction of typos, grammatical errors, and clarification of certain areas. The Deputy County Manager stated that the County Attorney had reviewed the amendments to both the ordinance and citation form.
 
            Commissioner Futrelle, seconded by Commissioner Cooper, moved to set a public hearing for August 18, 2009, Board meeting to allow citizen comment on proposed amendments to the Watauga County Animal Care and Control Ordinance.
 
VOTE:   Aye-5
              Nay-0
 
SIGNATORY REQUEST FOR LICENSING AGREEMENT
 
            Deputy County Manager Geouque requested the Board delegate signatory authority for a licensing agreement between the Watauga County Sheriff’s Office and the Administrative Office of the Courts (AOC). The licensing agreement was for the eCITATION program which currently enabled law enforcement officers to electronically submit non-arrestable citations directly into the AOC database. This program was to reduce data entry work for both parties. The Sheriff’s Office wished to participate in the program and was supportive of the agreement. The AOC was to provide, at no cost to the County, a printer for each MDC (laptop computer) in use and, therefore, the only expense to the County was to be ink, paper, and mounting brackets for the printers.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to authorize signatory authority to the Deputy County Manager for the licensing agreement between the Watauga County Sheriff’s Office and the Administrative Office of the Courts (AOC).
 
VOTE:   Aye-5
              Nay-0
 
NEW HIGH SCHOOL MATTERS
 
            A.        Construction Management Contingency Request # 21 – County Manager Nelson reviewed Construction Management Contingency Request # 21 in the amount of $30,706.93 to cover the costs of additional concrete reinforcing and accessories ordered by Barnhill/Vannoy. The additional material was required at the elevated slab portions that tied into the building cast-in-place retaining wall; at CMU masonry walls at the gymnasium and auditorium that tied into the structural steel above; and for the installation of dovetail slots at the building cast-in-place retaining walls (areas 1 and 3) which was to allow for future masonry veneer to be installed.
 
            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to approve Construction Management Contingency Request # 21 in the amount of $30,706.93.
 
VOTE:   Aye-5
              Nay-0
 
B.         Change Order Requests #s 19, 24, 25R, & 30 – County Manager Nelson presented Change Order # 19 in the amount of $67,670 for stadium grandstand revisions. These changes were necessitated by additional egress and handicap accessibility, as ordered by the Department of Insurance, and a change in elevation from the planned installation to the engineered site plan.
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve Change Order # 19 in the amount of $67,670 as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
County Manager Nelson presented Change Order # 24 which was a credit in the amount of $30,000 due to value engineering as conducted by the School Board’s Project Manager, Don Critcher. This credit was offered due to the selection of an alternate all wood flooring system for the gymnasium rather than the originally specified flooring.
 
County Manager Nelson presented Change Order # 25R in the amount of $12,114. This Change Order was for additional data drops that were reconfigured from the original Change Order 25 by the School Board. The original Change Order amount approved was $40,408 with the revised amount being $12,114 which resulted in a credit of $28,294.
 
County Manager Nelson presented Change Order # 30 which was an additional credit in the amount of $96,142.19. This credit resulted from savings during subcontractor procurement from bids coming in lower than anticipated. The funds were originally credited to the construction manager contingency fund; however, they were to be credited to the owner per the CMAA agreement.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve Change Orders #s 24, 25R, & 30 as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
C.        Barnhill/Vannoy Retainage Reduction Request – County Manager Nelson stated that, per the contract with Barnhill/Vannoy for the construction of the new high school, a retainage in the amount of 5% was held from payments until the completion of the project. The contract allowed for the retainage to be waived once the project was 50% complete and the owner was satisfied with the work performed to date. If the request to eliminate the retainage from the balance of project payments was honored, staff was of the opinion that ample retainage was in reserve to address any issues that developed. Also, at any time the County was unsatisfied with work from the present to completion, the 5% retainage could be reinstituted.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the request to reduce Barnhill/Vannoy’s retainage to 0% on remaining payments pursuant to the terms of the contract.
 
VOTE:   Aye-5
              Nay-0
 
D.        Proposed Utility Improvements at New School Site – County Manager Nelson stated that the County had been approached by AT&T with the opportunity to bury phone and cable lines near the entrance to the new Watauga High School. The original cost estimated by AT&T was approximately $6,000. The County Manager stated that he had since spoken with the company to perform the work and discovered that the cost was to be approximately $32,000.
 
The County Manager also stated that he had checked with the Department of Transportation and the signal light at the High School entrance was to be installed on cables suspended from wooden poles.
 
            By consensus, the Board agreed to direct the County Manager to inform AT&T that the offer of burying the cables was appreciated; however, the Board was not interested in pursuing the offer.
 
BOARD OF EDUCATION REQUEST FOR COUNTY TO ISSUE QUALIFIED SCHOOL CONSTRUCTION BONDS (QSCB) FOR ELEMENTARY SCHOOL PROJECTS
 
            County Manager Nelson stated that Federal stimulus funding had presented the County with an opportunity to apply for Qualified School Construction Bonds (QSCB) in the amount of $1,351,725. The School Board requested that the County apply for these bonds to be paid back on a twenty-year schedule at no interest to replace the roofs at the Mabel and Blowing Rock Elementary Schools and to improve infrastructure in all elementary schools in order to support high speed internet access and other computer needs. The deadline for submission of the application was July 31, 2009, and required the School Board and County to adopt a resolution requesting the authority to issue the bonds. The County Manager stated that, upon research, a couple of issues existed with the proposal: Ms. Isaacs had been informed that there may be little, or very limited, interest from the banking community and the cost of issuance would need to be determined. The County Manager requested that, if approved, the Board authorize the Chairman, County Manager, and Finance Director to execute any documents that may be required in time to meet the July 31 deadline.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution and authorize the Chairman, County Manager, and Finance Director to execute any documents required to meet the July 31st application submission deadline.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Proposed Farm City Proclamation – County Manager Nelson presented a proposed proclamation declaring August 8-15, 2009, as Farm City Week.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the proclamation declaring August 8-15, 2009, as Farm City Week.
 
VOTE:   Aye-5
              Nay-0
 
B.         NCACC Annual Conference Voting Delegate Appointment Request County Manager Nelson stated that the North Carolina Association of County Commissioners Annual Conference was scheduled for August 27-30, 2009, in Hickory. The annual business session was to be conducted on Saturday, August 29, 2009. Each county in attendance was required to select a voting member to represent their County at the business session.
 
            Appointment of a voting member for the NCACC Annual Conference was tabled until the August 3, 2009, Board meeting.
 
C.        Public Hearing Request for AppalCART’s Rural Operating Assistance Program (ROAP) Application – County Manager Nelson stated that Chris Turner, Executive Director of AppalCART, requested a public hearing on AppalCART’s Rural Operating Assistance Program (ROAP) application as required by the State. Mr. Turner requested that the public hearing be held at the August 3rd meeting.
 
            Commissioner Cooper, seconded by Commissioner Futrelle, moved to set a public hearing for the August 3, 2009, Board meeting to allow citizen comment on AppalCART’s Rural Operating Assistance Program application.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Discussion of Upcoming Intergovernmental Retreat – County Manager Nelson stated that the next Intergovernmental Retreat was scheduled for Monday, September 28, 2009, at 5:00 P.M. and Phil Trew with High Country Council of Governments was preparing the agenda. Mr. Trew currently had the topics of healthcare and recreation on the agenda and energy had also been suggested. The County Manager requested direction in forwarding additional topics that the Board wished to be included on that agenda.
 
            By consensus, the Board agreed to direct the County Manager to request that energy be included on the Intergovernmental Retreat agenda for September 28, 2009.
 
            E.         Town of Boone Fire and Rescue Request for Additional EMS Advisory Committee Seat – County Manager Nelson stated that the Boone Fire and Rescue Department had requested representation on the EMS Advisory Committee as a voting member. The County Manager stated that as membership to the Committee was established in the Ambulance Franchise Ordinance, an amendment, which required a public hearing, was necessary if the Board was to consider approving the request.
 
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to set a public hearing for the August 18, 2009, Board meeting to allow citizen comment on a proposed amendment to the Ambulance Franchise Ordinance to add a representative from the Boone Fire and Rescue Department as a voting member to the EMS Advisory Committee.
 
VOTE:   Aye-5
              Nay-0
 
F.         Boards and Commissions – County Manager Nelson stated that the Boone Town Council nominated Earl Keller as the ETJ representative and William Aceto as the ETJ alternative representative to the Boone Board of Adjustment. Both terms expired June 30, 2009.
 
The above was a first reading; therefore, no action was required at this time.
 
County Manager Nelson announced that the Town of Boone’s appointment to the Watauga County Economic Development Commission was Liz Aycock who recently resigned her position on the Town Council.
 
County Manager Nelson stated that, at the last meeting, the Board appointed Kimberly Marland and Jay Vincent to fill the unexpired terms of Gayle Turner and Sheri Baker as ETJ representatives on the Boone Area Planning Commission; however, their terms were not set. One of the unexpired terms was to expire June 30, 2010 and the other June 30, 2011.
 
Commissioner Futrelle, seconded by Commissioner Cooper, moved to set the term of Kimberly Marland as an ETJ representative on the Boone Area Planning Commission to expire June 30, 2010, and the term of Jay Vincent as an ETJ representative on the Boone Area Planning Commission to expire June 30, 2011.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that the Workforce Development Board requested that Chairman Deal appoint a private sector representative to the High Country Workforce Development Board. Carole Coates, Director of the High Country Workforce Development Board, had presented two names for possible consideration. Several Board members had potential recommendations; however, none were confirmed.
 
            Appointment of a Work Force Development Board private sector representative was tabled until the August 3, 2009, Board meeting.
 
G.        Announcements – County Manager Nelson announced that a joint meeting was scheduled with the Watauga County Planning Board for July 21, 2009, at 5:00 P.M.
 
            County Manager Nelson announced that the Annual Farm City Celebration was scheduled for Saturday, August 15, 2009, at the Historic Blair Farm in Boone from 2:00 P.M. to 6:00 P.M. with the theme of “Growing Youth, Growing Agriculture.” 
 
County Manager Nelson announced that the North Carolina Association of County Commissioners’ 2009 Annual Conference was scheduled for August 27-30, 2009, in Hickory.
 
County Manager Nelson stated that the Edmisten House had been surplused and bids were being accepted until 12:00 noon on July 31, 2009.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:20 A.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
 
VOTE:   Aye-5
              Nay-0
 
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 11:20 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 11:20 A.M.
 
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board