MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 18, 2001
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 18, 2001 at 7:00 P.M. in the Board Room of the Watauga County Courthouse.
PRESENT: Jimmy Hodges, Chairman
James Coffey, Vice-Chairman
Jack Lawrence, Sr., Commissioner
Sue Sweeting, Commissioner
Pat Wilkie, Commissioner
Jeff Hedrick, County Attorney
Robert E. Nelson, Jr., County Manager
Anita Fogle, Clerk to the Board
Chairman Hodges called the meeting to order at 7:02 P.M. welcoming those in attendance.
A moment of silence was observed and then Chairman Hodges reflected on the tragedies of the terrorist attacks on the United States of America on Tuesday, September 11, 2001.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the September 4, 2001 regular meeting minutes.
Commissioner Lawrence, seconded by Commissioner Wilkie, moved to approve the September 4, 2001 regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF SEPTEMBER 18, 2001 AGENDA
Chairman Hodges called for additions or corrections to the September 18, 2001 agenda.
County Attorney Hedrick requested to be added to the agenda to discuss legal matters in open session under Miscellaneous Administrative Matters (F).
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the September 18, 2001 agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – NAMING OF NEW PRIVATE ROADS
Chairman Hodges declared the public hearing open at 7:05 P.M. to allow for comment on the naming of new private roads.
Ms. Bobbie Taylor, Mr. James Trivette, and Mr. Jack Taylor spoke in opposition to changing the James Trivette Road to the Old Anderson Quarry Road and Dr. Todd Moore spoke in favor of the road name change.
Planning and Inspections Director, Joe Furman, stated a public hearing was required by general statute (NCGS 153A-239.1) and presented the following road names for approval:
Bald Mountain Township
My Way
Beaver Dam Township
Farthing Lane
Tannenbaum Lane
Blue Ridge Township
Forest Spring Lane
Majestic Pond Lane
Brushy Fork Township
Change James Trivette Road to Old Anderson Quarry Road
Forest Shadows Trial
One Love Lane
Priscilla Lane
Shooting Star Trail
Cove Creek Township
Indigo Road
Tangled Stone Drive
Vaughn Potter Road
Change Long View Lane to Cedar Cove Lane
Laurel Creek Township
Frozenhead Ridge Road
Shaggy Bark Lane
Meat Camp Township
Red Maple Lane
Robert’s Drive
New River Township
Old Chigger Trail
Sequoia Lane
Sunny Chestnut Forest
Stony Fork Township
Cowboy Trail
Kokomo Drive
Phillip’s Mountain Drive
Touchdown Drive
Walter Edmisten Road
Watauga Township
Dovetail Trail
Huskins Mountain Road
Joe Pye Lane
Maple Spring Lane
Twin Oaks Lane
Planning Director Furman stated that 50% of the property owners had to sign a petition for a road name to be issued or changed and that there was such a petition for each of the above listed roads.
There being no further public comment, Chairman Hodges declared the public hearing closed at 7:25 P.M.
Commissioner Wilkie, seconded by Commissioner Lawrence, moved to table the road name change from James Trivette Road to Old Anderson Quarry Road until a future date and to accept all the other private road names as presented.
VOTE: Aye-5
Nay-0
PLANNING MATTERS
A. Secondary Road Additions – Mr. Furman stated that the property owners of Stanbery Road, Rainbow Mountain Road, and Estates Drive had duly petitioned the County to request that these roads be included as additions to the State Maintained Secondary Road System.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to adopt and forward the resolution to the Department of Transportation for consideration as an addition to the state maintained secondary roads system.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee – Mr. Furman, presented a subdivision performance guarantee for the completion of road construction for Riverside Log Cabins (as required by Section 92 of the subdivision regulations). The performance guarantee was an Irrevocable Letter of Credit from Johnson County Bank in the amount of $29,000. Mr. Furman stated that County Attorney Hedrick had reviewed the Letter of Credit, and Mr. Furman requested the Board’s approval.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
C. Valle Crucis Community Council Planning Area Request – Mr. Furman stated that forty-two (42) percent of the property owners in the Little Creek Subdivision, which joined the Valle Crucis Community as established by the Board of Commissioners, has petitioned to join the Valle Crucis Community Council Planning Area. The County’s current community council planning guidelines required a petition signed by thirty-three (33) percent of the property owners affected for designation as a community but did not contain procedures for additions to or removals from the community planning area. Mr. Furman suggested that the same guidelines be used to add to a community council planning area.
The Board asked that the Planning Board establish guidelines that specified the means to add to or remove from to community council planning area and to report back to the Board at the October 16, 2001 Board meeting.
Commissioner Wilkie, seconded by Commissioner Lawrence, moved to request the Planning Board to amend the current community council planning area guidelines and moved to set a public hearing for the October 16, 2001 Board meeting to allow public comment regarding the Little Creek Subdivision addition request for the Valle Crucis Community Council Planning Area.
VOTE: Aye-5
Nay-0
HEALTH DEPARTMENT BUILDING BID PROPOSALS
Mr. Randy Jones updated the Board on the progress of the bid process for the new Health Department building. Mr. Jones stated that five (5) single prime, eleven (11) multi prime, five (5) mechanical, eight (8) plumbing, and ten (10) electrical bids were received and are listed as follows:
Site Work Bldg. Work Base Bid
Single Prime Bids
G.E.M. Constructors, Inc. $ 1,668,627 $ 2,821,693 $ 4,490,320
J.E. Green Co. $ 1,458,000 $ 2,799,000 $ 4,257,000
Testa & Wirth Inc. of NC $ 1,500,000 $ 2,865,000 $ 4,365,000
Whelchel & Associates, Inc. $ 1,236,000 $ 3,039,700 $ 4,275,700
Wishon & Carter Builders, Inc. $ 1,483,161 $ 2,669,771 $ 4,152,932
Multi Prime Bids
Barker Building Co., Inc. $ 1,369,905 $ 1,878,000 $ 3,247,905
Enterline & Russell Builders, Inc. $ 1,917,000 $ 1,932,982 $ 3,849,982
G.E.M. Constructors, Inc. $ 1,668,627 $ 1,813,197 $ 3,481,824
J.E. Green Co. $ 1,458,000 $ 1,877,000 $ 3,345,000
Hickory Construction Co. $ 1,488,696 $ 1,905,555 $ 3,394,246
Testa & Wirth Inc. of NC $ 1,500,000 $ 1,900,000 $ 3,400,000
Vannoy & Sons Construction, Inc. $ 1,353,000 $ 1,878,000 $ 3,231,000
Whelchel & Associates, Inc. $ 1,236,000 $ 2,104,000 $ 3,340,000
White Fox Construction Co., Inc. $ 1,582,570 $ 1,793,459 $ 3,376,029
Wilkie Construction Co. $ 1,440,000 $ 1,808,830 $ 3,248,830
Wishon & Carter Builders, Inc. $ 1,483,161 $ 1,729,962 $ 3,213,123
Multi Prime Mechanical Contract Bids
Associated Heating & A/C, Inc. $ 512,000
HVAC, Inc. $ 597,990
Nor-Well, Inc. $ 586,300
PPMC, Inc. $ 615,997
Price & Price Mechanical $ 549,000
Multi Prime Plumbing Contract Bids
B & G Plumb., Htg., & Elect. Inc. $ 139,680
Holcomb Brother, Inc. $ 142,000
Nor-Well, Inc. $ 106,550
Nichols Mechanical, Inc. $ 169,721
PPMC, Inc. $ 135,000
H.W. Murray & Associates $ 116,070
Price and Price Mechanical $ 139,000
HVAC, Inc. $ 139,580
Multi Prime Electrical Contract Bids
Anderson Brothers Electrical Co. $ 244,930
Besco Electric Corp. $ 226,747
B & G Plumb., Htg. & Elect., Inc. $ 298,000
Duncan Electric Co. $ 252,000
Encompass Electrical Tech. $ 417,965
Mountaineer Electrical, Inc. $ 192,000
Recore Electrical Conts., Inc. $ 225,700
Whitson Electric Co., Inc. $ 298,225
Jason Carpenter Electric $ 219,200
HVAC, Inc. $ 288,223
The low Multi Prime Bids are listed below showing the negotiated amounts:
Site Work Bldg. Work Base Bid
Multi Prime Bids
Wishon & Carter Builders, Inc. $ 1,483,161 $ 1,729,962 $ 3,213,123
Alternate #5 $ - 3,500
Alternate # 7 $ - 6,200
$ 3,203,423
Multi Prime Mechanical Contract Bids
Associated Heating & A/C, Inc. $ 512,000
Value Eng. Item $ - 2,000
$ 510,000
Multi Prime Plumbing Contract Bids
Nor-Well, Inc. $ 106,550
Value Eng. Items (1, 2, 3, 4, 5, & 6) $ - 4,314
$ 102,236
Multi Prime Electrical Contract Bids
Mountaineer Electrical, Inc. $ 192,000
Low Bid Grand Totals General $ 3,203,423
Mechanical $ 510,000
Plumbing $ 102,236
Electrical $ 192,000
$ 4,007,659
Mr. Jones stated that the General Contractor awarded the contract would be the expeditor and would be expected to coordinate the subcontractors. Mr. Jones recommended Wishon & Carter Builders, Inc., be awarded the Multi Prime Contract ($3,203,423) as they submitted the low bid. Mr. Jones also recommended the following contracts: Multi Prime Mechanical – Associated Heating & A/C, Inc. ($510,000); Multi Prime Plumbing Contract – Nor-Well, Inc. ($102,236); Multi Prime Electrical Contract – Mountaineer Electric, Inc. ($192,000). Mr. Monroe Witt from Wishon & Carter Builders, Inc., informed the Board about the company and stated that he felt they could complete the project in the projected number of days provided the time did not start until all permits were in place and provided that the footer could be poured before winter set in.
Board action was tabled until the following report from Finance Director Doris Isaacs.
FINANCE MATTERS
A. Health Department Building Financing Proposal – Finance Director, Doris Isaacs, stated that she has been in contact with the Local Government Commission and Wachovia, the bank holding the current financing on the Health Department building. Ms. Isaacs stated that Wachovia was willing to leave the original financing in place and agreed to switch the collateral to the new facility. With the County and Health Department monies on hand, Ms. Isaacs recommended an inter-fund loan from the County’s Capital Reserve Fund to cover the remainder of the funds needed for the project. Those funds would be repaid primarily from proceeds from the sale of the “Ginn” house and future years budgeted amounts. Ms. Isaacs reported that the Local Government Commission agreed that the proposal to use the money from the three sources (the Wachovia loan, County and Health Department money on hand, and an inter-fund loan to cover the remainder expenses) was acceptable.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to accept the proposed financing for the Health Department Building as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to award the contracts for the new Health Department Building to the following as presented by Mr. Jones:
General Contractor Wishon & Carter Builders, Inc. $3,203,423
Multi Prime Mechanical Contract Associated Heating & A/C, Inc. $ 510,000
Multi Prime Plumbing Contract Nor-Well, Inc. $ 102,236
Multi Prime Electrical Contract Mountaineer Electric, Inc. $ 192,000
TOTAL $4,007,659
VOTE: Aye-5
Nay-0
B. Introduction of Refunding Bond Order – Ms. Isaacs introduced and reviewed a Resolution for a Bond Order Authorizing the Issuance of $11,800,000 General Obligation Refunding Bonds by the County of Watauga. Ms. Isaacs requested the Bond Order be adopted and also stated that a public hearing was required which Ms. Isaacs recommended be scheduled for the next Board meeting on October 1, 2001, at 9:00 A.M. Ms. Isaacs stated that the Local Government Commission stated that, if interest rates change, the process can be stopped at any time with no fees. Ms. Isaacs stated that the Order includes the 1991 and 1994 issue bonds (which the Board approved refinancing at a previous meeting) and also includes the 1995 issue bond so that it may also be refinanced if so feasible by the end of the year.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adopt the Bond Order as presented by Ms. Isaacs and to schedule a Public Hearing to consider the resolution for a Bond Order Authorizing the Issuance of $11,800,000 General Obligation Refunding Bonds by the County of Watauga for the Board’s October 1, 2001 regular meeting.
VOTE: Aye-5
Nay-0
C. Sanitation Truck Financing Proposal – Ms. Isaacs stated that the Board approved the purchase of a 2002 Freightliner with E-Z Pack Hercules Truck Body – Condor at the August 21, 2001 Board meeting contingent upon obtaining satisfactory financing. Ms. Isaacs issued eight requests for proposal for financing of the purchase of the sanitation truck and four proposals were received as shown below:
Financial Institution Amount Term Rate Total Payback
Appalachian First $147,261.32 3 years 5.75 $161,380.92
Centura Bank $147,261.32 3 years 3.96 $156,961.16
First Union National Bank $147,261.32 3 years 4.85 $159,123.70
BB&T $147,261.32 3 years 3.91 $156,784.80
The low bidder was BB&T with an interest rate of 3.91% and Ms. Isaacs recommended this bid be accepted.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to accept the bid from BB&T for financing the sanitation truck as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. AppalCART Service Plan and Site Selection Committee – AppalCART Director, Mr. Chris Turner, presented a roster of recommended members for an advisory group to help develop the County’s Community Transportation Service Plan previously known as the TDP (Transportation Development Plan):
Jerry Moretz Watauga Medical Center Vice President for Development & AppalCART Board Chair
Jane Helm Vice Chancellor for Business Affairs at ASU
Joe Furman Director Watauga County Planning and Inspections
Dana Folk Boone Town Council Member
Pat Wilkie Watauga County Commissioner
Donald Ray AppalCART Board member and college student
Pat Coley Work First Social Worker, Watauga County DSS
Michael Maybee Executive Director Watauga Opportunities Inc.
Marc Payne Athletic Director Watauga County Schools
Angie Boitnotte Director of Watauga County Project on Aging
Donald Suggs Director of New River Behavioral Health Care
Deb Wynne Director of Watauga County Parks and Recreation
Barry Sauls Director of ASU Traffic and Parking
Phil Trew Senior Planner of Region D Council of Governments
Chris Turner Director of AppalCART
Mr. Turner reported that those listed above comprise of representatives of agencies currently contracting with AppalCART and area planning specialist. Mr. Turner stated that the group will also assist AppalCART in the site selection project for the proposed new AppalCART facility. Mr. Turner stated he had verified the candidates willingness to serve.
The Board decided to waive it’s policy of not appointing members to committees until candidates names are presented at two Board meetings.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to appoint members to the Community Transportation Service Plan and Site Selection Project Committee as presented by Mr. Turner.
VOTE: Aye-5
Nay-0
B. School Board Road Improvement Request – County Manager Nelson stated that the Watauga County Board of Education had requested that the Board endorse the need and encourage the Department of Transportation to construct a turn lane on 421 at Mabel School Road and that Parkway School had made a similar request for a turn lane on 421 at the entrance to Parkway School.
By consensus, the Board requested the County Manager to write a letter to the Department of Transportation regarding the Mabel School Road turn lane only as the Board agreed that conditions should improve at the Parkway School entrance upon the completion of the new 421.
C. Sheriff’s Department Retiree Award Request – County Manager Nelson stated that G.S. 20-187.2 allows governing bodies of a law enforcement agency to award a retiring member his/her service side arm at a price determined by the governing body. In Watauga County, law enforcement personnel may retire at age 55 with 25 years of credible service with full retirement benefits. The County Manager Stated that Mr. Hubert Townsend will be retiring October 1, with full benefits and 28 years of service to Watauga County and that the Sheriff’s Department requested that his side arm and badge be awarded to him upon his retirement and that the Board set the price of the side arm at $1. County Manager Nelson stated that the current practice was to award a gift, to be chosen by the supervisor, in the amount of $75 for all retirees.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, made a motion to award Mr. Hubert Townsend his side arm and badge upon his retirement at a cost of $1 in addition to a gift in the amount of $75 to be chosen by his supervisor.
VOTE: Aye-5
Nay-0
D. Proposed Resolution in Support of the President – The County Manager presented to the Board for consideration a Resolution Supporting the President and Condemning the Terrorist Acts that were committed on the United States of America on September 11, 2001. Commissioner Sweeting requested to amend the Resolution to include support for the US Congress.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, made a motion to adopt the Resolution of Support of the President and Condemning the Terrorist Acts That Were Committed on the United States of America on September 11, 2001 as amended.
VOTE: Aye-5
Nay-0
E. Announcements – County Manager Nelson stated that David Owens of the Institute of Government will be speaking via teleconference to the Planning/Zoning Study Committee September 20 at 7:00 P.M. at 313 Edwin Duncan Hall on the ASU campus. The teleconference would be broadcast on Charter Cable channel 2 by tape delay at 7:00 P.M. on Friday the 21st. The County Manager stated that taped copies will be available for loan at the libraries and the Manager’s office. The County Manager announced that Commissioners planning to attend meet at the Human Services Center parking lot at 6:45 P.M. to van pool to the site on the ASU campus as parking and seating is limited.
F. Legal Matters – County Attorney Hedrick updated the Board on two legal matters. The County Attorney stated that the Maharishi Spiritual Center of America’s appeal to the N.C. Court of Appeals may be heard by the end of the year and that University Highlands has recently filed an appeal to the N.C. Court of Appeals.
County Attorney Hedrick also stated that Ms. Wendy Simmons with North Carolina Department of Environment and Natural Resources was scheduled to discuss the types of amendments and enforcement that was expected from the County at the October 1, 2001 Board meeting. Ms. Simmons will also review enforcement programs in other counties. The County Attorney stated that he would pass along to Ms. Simmons any other information that the Board would like to be discussed.
PUBLIC COMMENT
Ms. Jerry Hayes suggested setting the number of property owner signatures required to request annexation into a community council to at least half as opposed to the third currently required to form a community council. Chairman Hodges asked that Mr. Furman consider this matter when the Planning Board set the requirements.
CLOSED SESSION
At 8:28 P.M., Commissioner Lawrence, seconded by Commissioner Wilkie, moved to enter Closed Session to discuss Personnel Matters – G.S. 143-318.11(a)(6) and Attorney/Client Matters – G.S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to resume the open meeting at 9:04 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to adjourn the meeting at 9:04 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board