MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 5, 2004
The Watauga County Board of Commissioners held a regular meeting on Monday, January 5, 2004, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
PRESENT: James Coffey, Chairman
Jimmy Hodges, Vice-Chairman
Keith Honeycutt, Commissioner
David Blust, Commissioner
Allen Trivette, Commissioner
Stacy C. Eggers, IV, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita J. Fogle, Clerk to the Board
Chairman Coffey called the meeting to order at 9:00 A.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF AGENDA
Chairman Coffey called for additions and/or corrections to the January 5, 2004, agenda.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the January 5, 2004, agenda as presented.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT AWARD FOR PHASE I OF THE WATAUGA COUNTY ADMINISTRATION BUILDING PROJECT
Mr. Randy Jones stated that Phase I of the Administration Building project was to excavate and install a retaining wall and to waterproof the subsurface walls of the building.
The following bids were received:
|
Contractor
|
Base Bid
Unit Prices
|
Alt. No. 1
Unclassif.
|
Difference
|
|
Enterline & Russell Builders, Inc.
|
$353,900.00
|
$152,682.75
|
$201,217.25
|
|
Greene Construction Co.
|
$315,400.00
|
$294,300.00
|
$21,100.00
|
|
Hickory Construction Co.
|
$450,000.00
|
$435,000.00
|
$15,000.00
|
|
Chris Rider, Inc.
|
$336,400.00
|
$317,000.00
|
$19,400.00
|
|
Wishon & Carter Builders, Inc.
|
$302,302.00
|
$372,950.00
|
($70,648.00)
|
Mr. Jones reviewed a letter from Enterline & Russell Builders, Inc. that formally requested to withdraw their bid pursuant to General Statute 143-129.1. The withdrawal request was based on a mistake, which resulted in a large quantity of the work, materials, labor and services being unintentionally omitted from their bid.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to release Enterline & Russell Builders, Inc. by granting their request to withdraw the bid submitted for Phase I of the Administration Building.
VOTE: Aye-5
Nay-0
Mr. Jones recommended entering into a contract with Wishon and Carter Builders, Inc., of Yadkinville, NC, for $302,302 which included a $100,000 contingency allowance.
The project was bid with an alternate of unclassified excavation. The alternate bid was a total price including any amount of rock encountered in the excavation. In acceptance of architect’s recommendation of the Wishon Carter bid, the County assumed that the amount of rock encountered and removed would result in a lower total charge than the unclassified bid amount of $294,300 submitted by Greene Construction.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to enter into a contract with Wishon and Carter Builders, Inc. based on the low bid of $302,302.00, including a $100,000 contingency for Phase I of the Administration Building renovations; contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
FISCAL YEAR 2002/2003 AUDIT PRESENTATION
Mr. Bryce Holder of Holder, Powell & Associates gave a presentation of the County’s Fiscal Year 2002/2003 audit. He discussed the general fund fund balance and noted the overall tax collection rate was good. In addition, Mr. Holder commended all County Department Heads, management, and staff.
FINANCE MATTERS
A. CollateralSubstitution-HealthDepartmentBuilding – Ms. Doris Isaacs discussed a proposed resolution for collateral substitution from the Hannah Building (the old Health Department Building) to the new Health Department Building. The purpose of the collateral substitution was for the continued financing of the project and it also allowed the Hannah Building to be declared surplus as was tentatively approved by the Board of Commissioners several months ago.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to adopt the Resolution authorizing collateral substitution as presented and to authorize the County Manager, Finance Director, and Clerk to the Board to sign documents related to the collateral substitution contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Surplus Property Requests – Ms. Isaacs requested that the Hannah property consisting of 3.48 acres and an approximately 16,444 square foot building be declared surplus. Staff recommended that the property be sold through the negotiated sale/upset bid process. This process was as specified in G. S. 153A-176.
Ms. Isaacs also requested that the 2 ½ acre unimproved lot above the new Health Department Building (known as the Williams property because it was purchased from the Joe Williams estate) be declared surplus and sold through the negotiated sale/upset bid process as well.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to declare the Hannah property and the Williams property located above the new Health Department Building surplus and to authorize the negotiated sale/upset bid process and to appoint the Finance Director and County Manager to work with the County Attorney throughout the process.
VOTE: Aye-5
Nay-0
C. Budget Amendment – Finance Director Doris Isaacs presented the following budget amendment for Board approval:
Account # Description Debit Credit
233317-343109 Controlled Substance Tax-Federal $8,500
234310-454000 Capital Outlay-Equip. $8,500
The amendment recognized federal substance abuse funds per Sheriff Shook’s request. These funds were to be used for equipment acquisition.
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the budget amendment as presented.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator, Mr. Kelvin Byrd, presented the Tax Collections Report for the month of December 2003.
B. Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for December 2003 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for December 2003 as presented.
VOTE: Aye-5
Nay-0
SIGN ORDINANCE DISCUSSION
A. Enforcement – Mr. Joe Furman, Planning and Inspections Director, discussed enforcement issues, specifically as to how the County’s local Sign Ordinance permitting process coordinated in general with the NCDOT permitting regarding the scenic designation of US Hwy 421 in Watauga County.
No Board action was required in that this report was for information only.
B. Proposed Amendment Re: Political Signs – Mr. Furman discussed a proposed amendment to the Sign Ordinance regarding political signs as directed by the Board.
By consensus, the Board agreed to schedule a public hearing at their January 20, 2004, meeting to allow public comment on the proposed amendments.
DISCUSSION OF ORDINANCE
County Manager Nelson presented for review the most recent drafts that contained changes, per the Board’s direction, for the following ordinances: A. Solid Waste Operations Ordinance; B. Solid Waste Ordinance; C. Ordinance to Regulate Junkyards and Automobile Graveyards; and D. Abandoned and Junked Motor Vehicle Ordinance. The County Manager stated that the Board could take action on the new ordinances, schedule a public hearing, schedule an additional work session, or schedule time at the Annual Retreat for continued discussion.
[Clerk’s Note: A public hearing on the four ordinances was previously held on September 16, 2003, per the Board’s practice.]
Commissioner Blust, seconded by Commissioner Trivette, moved to adopt the Solid Waste Operations Ordinance and the Solid Waste Ordinance as presented.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Trivette, moved to set the effective date for both the Solid Waste Operations Ordinance and the Solid Waste Ordinance for July 1, 2004.
VOTE: Aye-5
Nay-0
After discussion, Commissioner Blust, seconded by Vice-Chairman Hodges, moved to adopt the Ordinance to Regulate Junkyards and Automobile Graveyards and the Abandoned and Junked Motor Vehicle Ordinance as presented with an effective date of July 1, 2004.
VOTE: Aye-4 (Coffey, Hodges, Blust, Trivette)
Nay-1 (Honeycutt)
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of Annual Retreat – County Manager Nelson presented a list of topics that had been requested to be placed on the agenda for the Annual Retreat.
B. Boards and Commissions – County Manager Nelson stated that Commissioner Blust’s appointment to the Boone Fire Service District Board was no longer a property owner in the specified area of the fire district.
Commissioner Blust, seconded by Commissioner Trivette, moved to appoint Pam Fisher to the Boone Fire Service District Board as a representative of district #4.
VOTE: Aye-5
Nay-0
County Manager Nelson gave a second reading of the Watauga County Planning Board At-Large Membership seat currently held by Tommy Harmon that expired at the end of December 2003.
Commissioner Blust, seconded by Commissioner Trivette, moved to reappoint Tommy Harmon as an At-Large Member of the Watauga County Planning Board.
VOTE: Aye-5
Nay-0
County Manager Nelson gave a first reading of the expiration of Gene Swift’s term on the Watauga County Board of Adjustment. The County Manager Nelson stated that the Board could waive their policy of a second reading so that an appointment could be made prior to the next Board of Adjustment meeting.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to reappoint Gene Swift to the Watauga County Board of Adjustments.
VOTE: Aye-5
Nay-0
County Manager Nelson gave a first reading of a vacancy on the Economic Development Commission due to the untimely death of member Sue Wilmoth. The EDC Board recommended Fowler Cooper be appointed to fill the un-expired term.
County Manager Nelson gave a first reading of a request to nominate a County Commissioner to serve as a member of the Future Forward Economic Alliance Board. Commissioner Hodges had served on the Future Forward Planning Committee. The County Manager stated that also, the Future Forward group requested the appointment of a private sector representative for the Alliance Board. The private sector board member was required to pay dues based on the number of employees that his or her business had.
As this was the first reading for the above, no action was required at this time.
C. Announcements – County Manager Nelson announced NACo's 2004 Legislative Conference scheduled for Feb. 27 – March 2, 2004, in Washington, D.C. Those wishing to attend were to contact the Clerk to the Board for assistance with reservations.
County Manager Nelson announced that the NCACC Legislative Issues for FY 04 were:
1. Medicaid Funding
2. Remote Sales Tax Collection
3. Education funding for the “No Child Left Behind” mandate.
The County Manager stated that if the Board wished the NCACC to consider adding other concerns to advise him.
CLOSED SESSION
At 10:34 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, 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
Commissioner Blust, seconded by Commissioner Trivette, moved to resume the open meeting at 11:35 A.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to adjourn the meeting at 11:35 A.M.
VOTE: Aye-5
Nay-0
James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board