THE ANSON COUNTY BOARD OF COMMISSIONERS convened for their regular monthly meeting on July 19, 2001 at 6:00 p.m. in Courtroom # 1 located in the Anson County Courthouse.

Commissioners present: Michael Livingston, Vice Chair

Steve Lear

Blake Hildreth

Dr. Jim Sims

Ross Streater

Staff present: Chris Wease, County Manager

Bonnie M. Huntley, CMC, Clerk to the Board

James Bennett, Human Resource/Asst. Co. Manager

Rita James, Data Processing

Vice Chair Livingston called the meeting to Order, welcoming those present. He called on Commissioner Lear to deliver the Invocation.

Approval of the Agenda: Commissioner Sims asked to add a discussion of the White Store water project under Commissioner Concerns. Commissioner Hildreth asked to add a discussion of the current budget recently approved and a personnel policy item to Commissioner Concerns. County Manager Wease asked to add under Appointments, a reappointment to the Jury Commissioner from the Clerk of Superior Court. Motion by Commissioner Lear, seconded by Commissioner Hildreth, to approve the Agenda as presented with the additions. Motion carried unanimously.

Consent Agenda: Commissioner Hildreth referred to the June 21 meeting, where they were listening to concerns of the audience, in particular the remarks made by Punky Morton. Mr. Morton indicated that when the Lockhart/Taylor building was complete, the Community College would only be operating from that building and the Polkton campus. Commissioner Hildreth would like those remarked to be included in the minutes. These minutes were pulled from those to be approved and the Clerk will insert verbatim remarks made by Mr. Morton. Commissioner Lear was in attendance at the June 18 meeting but was not listed under Commissioners present in the minutes. The Clerk has corrected these minute to reflect same. Motion by Commissioner Sims, seconded by Commissioner Hildreth, to approve the Consent Agenda. Motion carried unanimously.

Approval of Minutes: Approved minutes of June 5, 11, 18, 27 & 29.

Tax Releases:

Vehicle Tax Releases July 01:

Barnett Dealer Financial Services 2000 91.86 Proration

Bell, Mary Lou Whittle 2000 50.60 Proration

Bennett, Robin M 2000 52.67 Value

Broadaway Logging 2000 83.04 Proration

Burch, Rhonda 1999 2.89 Proration

Canter, Contina 2000 11.98 Situs

Carter, Ricky D 1999 5.15 Proration

Chambers, Constance 2000 7.64 Proration

Chambers, Constance 2000 15.52 Proration

Clark, Aric 2000 33.91 Situs

Davis, Ian 2000 0.96 Situs

Davis, Tracy 1998 46.83 Proration

Dixon, Jerry Hugh JR 2000 51.59 Situs

Fultz, Gregory Stephen 2000 42.63 Situs

Gathings, Pamela W 2000 135.72 Proration

Griggin, Nelda 1999 27.35 Proration

Hager, Donna J 1997 27.54 Proration

Howard Lisk Inc 2000 342.61 Proration

Hudson Teresa 2000 23.73 Proration

Kantner, Angel Thomas 1997 1.61 Proration

Leak, Keith Wayne 1999 9.71 Proration

Locklear, Willie T 1999 39.02 Proration

Manus, Betty D 2000 50.58 Proration

McBride, Willie Lee 1997 5.07 Proration

McCauley, Albert 1998 1.56 Proration

Moser, Max 1997 20.90 Proration

Pickett, Bobby 2000 12.64 Proration

Powe, Thomas Jay 1998 164.32 Proration

Powell, Betty T 1999 9.13 Proration

Powell, Betty T 1999 14.85 Proration

Powell, Betty T 1999 39.45 Proration

Powell, Betty T 1999 3.95 Proration

Pratt, Calvin M 2000 34.60 Proration

Price, Leon Scott 1998 0.96 Proration

Ratliff, Eugene Jr 1998 23.18 Proration

Ratliff, Eugene Jr 1999 48.18 Proration

Rodgers, Johnnie Jeffery 2000 16.33 Value

Rorie, Irene 2000 13.90 Proration

Sinclair, Dorothy 1998 92.64 Proration

Sinclair, Dorothy 1998 50.53 Proration

Smith, James E 1997 29.49 Proration

Smith, James E 1997 27.99 Proration

Stewart, Tara m 1998 10.46 Proration

Sturdivant, Sandra 2000 10.01 Situs

Talarico, Brian 1997 3.18 Proration

Teal, Nancy Faye 2000 17.08 Proration

Thomas, James 1998 2.24 Proration

Thompson, Harmon Mason 2000 12.44 Value

Tice, Lisa C 2000 82.82 Proration

Willoughby, Quingell 2000 3.15 Value

Wilson, Janice Smith 2000 18.69 Value

Wood Transpot Inc 1997 100.86 Proration

Total $2,025.34

Vehicle Tax Adjustments July 01:

Davis, Ian 2000 1.05 Situs

Dixon, Jerry Hugh JR 2000 2.84 Situs

Fultz, Gregory 2000 7.11 Situs

Sturdivant, Sandra 2000 1.01 Situs

Total $ 12.01

Vehicle Tax Refunds Jul 01:

Broadaway Logging 2000 18.40 Proration

Clark, Robert Lee 2000 2.70 Proration

Dixon, Jerry Hugh Jr 2000 1.62 Situs

Dixon, Jerry Hugh Jr 2000 1.89 Situs

Garris, Violet 2000 2.70 Proration

Goodwin, Azile 2000 2.24 Proration

Goodwin, Robert 2000 57.68 Proration

Harrington & Assoc. 2000 28.24 Proration

Lear, Henry 2000 8.54 Proration

Thomas, David Henry 2000 11.73 Proration

Wadesboro IGA 2000 40.02 Proration

Total $175.76

Property Tax Releases Jul 01:

Covington, Nathan L 2000 362.16 Listing error

Melton, Edith H 1997 97.69 Listing error

Melton, Edith H 1998 92.22 Listing error

Melton, Edith H 1999 94.32 Listing error

Melton, Edith H 2000 80.81 Listing error

Tillman, Angelia C 1998 22.76 Listing error

Tillman, Angelia C 1999 18.77 Listing error

Tillman, Angelia C 2000 17.33 Listing error

Total $786.06

Accepted the Economic Development report as submitted.

Approved the following Resolution for Sandhills Center. This provides approval for them to purchase property in Montgomery County. This replaces the Resolution adopted in June as that transaction was terminated.

RESOLUTION

WHEREAS, North Carolina General Statute 122C-147 provides that the authority to hold title to real property and the authority to acquire the same may be held by an area mental health, developmental disabilities and substance abuse authority, upon the consent of the boards of county commissioners of all counties which comprise the area authority; and

WHEREAS, North Carolina General Statute 122C-147(c) further provides this consent shall be ratified by resolution of each affected board of county commissioners and may specify any necessary or proper conditions for the consent, including but not limited to provisions for distribution of the proceeds in the event of disposition of the property by an area authority; and

WHEREAS, the Area Board of Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services (hereinafter referred to as Sandhills Center) at an Area Board Meeting held on June 12, 2001, adopted a motion to accept a proposed conveyance of title to a tract of land in Montgomery County, a portion of that certain real property described in deed of record in Deed Book 203, at Page 491 of the Montgomery County Registry.

WHEREAS, Sandhills Center at an Area Board Meeting held on June 12, 2001, adopted a motion (a copy of which is attached hereto) recommending to the respective Boards of Commissioners of Anson, Hoke, Montgomery, Moore and Richmond Counties that in the event of disposition by Sandhills Center of the real property hereinabove referred to, any and all proceeds shall be used by Sandhills Center for purposes authorized under Article 4 of Chapter 122C of the General Statutes of North Carolina, or in the event of dissolution of Sandhills Center any and all proceeds from the disposition of the real property hereinabove referred to shall be distributed to and among Anson, Hoke, Montgomery, Moore and Richmond Counties according to the percentage that the population of each county bears to the total population of the combined five (5) counties.

NOW, THEREFORE, BE IT RESOLVED that Anson County Board of Commissioners hereby authorizes Sandhills Center to acquire the real property hereinabove referred to and to hold title to the same; and

BE IT FURTHER RESOLVED that in the event of disposition of the real property herein referred to by Sandhills Center any and all proceeds shall be used by Sandhills Center for purposes authorized under Article 4 of Chapter 122C of the General Statutes of North Carolina, or in the event of dissolution of Sandhills Center, any and all proceeds from the disposition of the real property hereinabove referred to shall be distributed to and among Anson, Hoke, Montgomery, Moore and Richmond Counties according to the percentage that the population of each county bears to the total population of the combined said five (5) counties.

Adopted this 19th day of July, 2001.

Approved the Anson County Detention Center Medical Plan as presented by Sheriff Jim Sellers.

Accepted the Budget Report for Last FY as submitted. County Manager Wease reminded Board members these were preliminary figures.

Administrative Matters:

Airport – Grant Award Acceptance-Block Grant Agreement: County Manager Wease presented a power point pictorial update on the road relocation project. County Manager Wease noted that Anson County has been awarded a grant in the amount of $2,746,335, which requires a 10% county match of $305,148, which has been included in the proposed Project Ordinance. Motion by Commissioner Lear, seconded by Commissioner Streater, to approve. Motion carried unanimously.

Project Ordinance: County Manager Wease explained that a Project Ordinance is used to handle large capital projects that span across fiscal years and serves as a tracking devise for grant and county funding throughout the course of the project. The Ordinance will be updated as new grant revenue is appropriated and new project phases are developed. The Ordinance presently provides for the Road Relocation Project Phase and the Site Preparation Project Phase and provides a portion of the cost associated with the Paving and Lighting Project phase through the use of AIR 21 Bill appropriation of $150,000 with $16,667 of county match. County Manager Wease explained the low bid came in under budget and when we realize the savings, we hope to roll the additional funding into paving and lighting. Motion by Commissioner Lear, seconded by Commissioner Hildreth, to approve the Project Ordinance. Motion carried unanimously.

AIRPORT PROJECT ORDINANCE

REVENUES

State and Federal

Division of Highways $766,305

Division of Aviation 996598 $500,000

Division of Aviation 9265010 ` $2,746,335

Division of Aviation 9.9265011 $150,000

Total State and Federal Funding $4,162,640

County

General to Airport Fund

00-01.1  $ 60,000

2001-2002.1  $ 76,000

2002-2003.1  $ 23,281

Airport Fund Balance Appropriated $218,089

Total County Funding $ 377,370

Total Revenues $4,540,010

EXPENDITURES

Road Relocation

Engineering

Surveying $ 15,169

Geotechnical $ 13,336

Inspection $122,495

Environmental Permits $ 95,946

Engineering $124,418

Construction

Roadway $766,305

Mitigation $160,322

Misc. $ 23,869

Subtotal $1,321,860

Site Preparation

Engineering

Surveying $ 10,000

Geotechnical $ 10,000

Inspection $145,000

Environmental Permits $ 10,000

Engineering $262,353

Construction $2,600,000

Misc. $ 14,130

Subtotal $3,051,483

Paving and Lighting

Construction $166,667

Total Expenditures $4,540,010

Bid Award: County Manager Wease noted that sealed bids for the project were opened on July 11 at 2:00 p.m. in the Little Theater. Jeff Kirby of LPA was present to discuss the bids. Jeff noted that 15 bids were received for the project with the low bid being $2,049,858.64 and the high bid being $4,971,273.66. Jeff noted it was not unusual to have such a wide margin of bids. They have discussed the low bid with CMI and they are comfortable with their bid. Jeff explained the company submitting the low bid has been in business for fifteen years and all references are good. Commissioner Sims asked Jeff if they feel 100% confidant that this firm has the experience, resources and ability to do the job with no problem. Jeff answered that based on what they know of the company and the references, yes. We have received a performance bond on the company and feel confident they will successfully complete the job. It was noted that each bid contained the required 5% bid deposit. Motion by Commissioner Hildreth, seconded by Commissioner Streater, to award the bid to CMI Contracting. Motion carried unanimously.

The following bids were received on July 11, 2001:

CMI Contracting $2,049,858.64

Mustard Seed Construction, Inc. $2,564,015.00

Dixie Grading & Equipment Inc. $2,788,363.00

Morgan Corporation $2,963,850.00

Sanford Contractors, Inc. $3,167,984.27

Boggs Contracting, Inc. $3,228,221.00

Blythe Construction, Inc. $3,256,124.00

Triangle Grading & Paving Inc. $3,494,258.00

L-J Inc. $3,525,236.00

Atlas Resource Management Inc. $3,551,335.00

J.T. Russell & Sons, Inc. $3,713,236.26

W. C. English, Inc. $4,071,415.00

R&G Construction Company $4,440,674.00

Richardson Construction Co. $4,497,696.00

MAPCO, Inc. $4,971,273.66

Height Restrictions Ordinance: County Manager Wease stated the Ordinance is proposed to regulate development of property adjacent to the airport and to protect our investment in the airport from any development that may impact the flight patterns. Through the use of a sketch of the airport, he described the different zones described by the Ordinance. He noted it sets imaginary lines in the atmosphere. Motion by Commissioner Lear, seconded by Commissioner Sims, to move forward and accept the first reading and to call for the second reading and the public hearing on the Ordinance for August 14, 2001. Commissioner Hildreth asked if there were any conflicts with existing towers with County Manager Wease answering no. Motion carried unanimously.

Timber Bid Acceptance: County Manager Wease noted the timber bids for the sale of timber at the airport are due August 3rd. We are hoping the timber can be removed within thirty days as we are working against the construction schedule. County Manager Wease noted we might have to make concessions if the successful bidder cannot remove the timber within the thirty-day schedule. Motion by Commissioner Sims, seconded by Commissioner Lear, to give the County Manager the authority to accept the highest bid on the airport timber on August 3 and to negotiate the window of time for harvesting as necessary. Motion carried unanimously.

Bond Refunding – Invalidate Previous Order: County Manager Wease noted we are refinancing bonds to take advantage of lower interest rates and that he and Dorothy Tyson traveled to Raleigh this morning to meet with the Bond Attorney. Somewhere along the line we missed who was to advertise the public hearing that was scheduled for tonight so we have to invalidate the previous order. Tonight we must again introduce the order and call for the public hearing on August 14. We will still be on schedule to sell the bonds on September 5 and close on September 25. Motion by Commissioner Lear, seconded by Commissioner Hildreth, to invalidate the original motion. Motion carried unanimously.

County Manager Wease introduced the following bond order which was made available to the Board and which was read by title:

BOND ORDER AUTHORIZING THE ISSUANCE OF

$9,200,000 REFUNDING BONDS OF THE COUNTY OF ANSON

WHEREAS, the County of Anson (the “County”) has issued Sanitary Sewer Bonds, Series 1989, dated June 1, 1989 and $550,000 of such Bonds maturing in each of the years 2002 to 2012, inclusive, are outstanding (the “Outstanding Sanitary Sewer Bonds, Series 1989”); and