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Manager reverses stance on HMC Paving recommendation

By Lisa Majors-Duff

With new information and an assurance from paving contractor Mark Fortner that he'll "stand by his work," Jackson County Manager Ken Westmoreland did an about-face Tuesday and recommended the Cullowhee SRC paving job be awarded to HMC Paving of Bryson City.

During last week's county discussion meeting, Westmoreland recommended board members award the contract to the next lowest bidder because a paving job completed some four years ago in Cashiers by HMC was beginning to come up.

Westmoreland's reversal Tuesday followed a meeting with Fortner, during which the county manager said "a number of points were brought out which caused me to change my recommendation."

Westmoreland, who indicated county staff members had made the original recommendation not to hire HMC, said he learned that some of the damage at the Cashiers site was not the responsibility of the contractor, but due to a lack of maintenance on the county's part. Also, he said, broken asphalt on the road's edges were caused by trucks running off the sides and not poor quality work.

While Fortner did take responsibility for other damaged areas, Westmoreland explained that no one from the county staff had ever contacted him about the problems.

"Even now, four years later, (Fortner) has agreed to stand by his work and is willing to correct it in Cashiers," Westmoreland said just prior to the meeting. "It is my recommendation that HMC get the work."

HMC's bid to pave the Cullowhee SRC was $8,865; the next lowest bidder was William Smith Paving of Sylva at $13,200.

Fortner, whose company was awarded the contract by a unanimous vote of the board Tuesday, said he "was very upset to have his name drug through the mud" by the county manager.

"Our office was called by (county representative Tommy Wheeler) to submit a bid, otherwise we wouldn't have known anything about the bid," Fortner said.

HMC has been hired by the county once before to pave the parking area at the Sylva Community Service Center, which houses the N.C. Extension Service, county health department and the Department of Social Services. Westmoreland agreed with Fortner's assessment that the pavement there is in good condition.

"We would have been glad to fix any problems if we'd been notified about them," Fortner said of the Cashiers SRC job.

"My presentation (July 8) was based on incomplete facts, and I take responsibility for that," Westmoreland said.

Fortner's announcement in 2001 of plans to build an asphalt plant in Qualla community caused area residents to plead with commissioners for a way to prevent such an industry. Their cries for help set in motion a lengthy study of what economic impact an asphalt plant would have in the county and how the health of area residents could be affected.

The issue seemed to have been put to rest when commissioners adopted an industrial development ordinance, the requirements of which prevented Fortner from proceeding with his plans on the site he'd chosen.

Since then, though, Fortner has appeared before the board on two separate occasions with his attorney to request a variance so he may proceed.

In other action taken by the board:

- Approved the transfer of a 808-square-foot parcel at the intersection of N.C. 107 and Fairview Road to be used as part of planned improvements at the intersection.

- Approved a $20,832 payment to Van Lott of Asheville for a skid steer for use at the Mineral Springs trash/recycling transfer station.

- On the recommendation of Solid Waste Board Chairman Maurice Moody, commissioners approved an amendment to the county's solid waste ordinance that would allow individuals serving five or fewer clients not to be classified as "private haulers" and, therefore, not assessed the annual $150 hauler fee. Moody cited two examples for the requested change - one involving an individual with less than five storage units; another of a man who helps his neighbors remove their trash and recyclables.

- Approved a resolution outlining how the county and the town of Sylva will share costs associated with operation of the town-owned swimming pool. The resolution spells out that each contributes equally to the operation costs, as well as shares in any profits, a situation which has never occurred.

- Board members approved contracts with jail physician Steven Dewees for $41,000 a year and $1 a year lease for the Caring Hands program at Sylva First Baptist Church. A new contract for property tax reappraisal work by Mike Peters was also approved.

- Commissioners gave Westmoreland the go ahead to agree to purchase 12 new voting machines during the 2004-05 budget year. Westmoreland made the recommendation because the company supplying the equipment promised a $1,200-per-machine savings if the county agreed now to the sale. Funds, most of which should be reimbursed by the Federal Elections Commission, will not be paid until delivery, he said.

- Appointments approved were as follows:

Solid Waste Board - Emma Wertenberger of Dillsboro; Library Task Force - John Bunn, Don Williamson, JoAnn Caruso, Floyd Bateman and Linda Young; and Watershed Review Board - Rick Bennett, Jim Mincey, Ray Trine, Linda Rogers, Randy Lanier, Ed Norton and Neal Dawson.

- Board members tabled discussion of a proposal from the Elgar Group to seek out and apply for grant funds. A meeting with group representatives to define areas where funds could be of greatest value will be held at a later date.

Back to Archive: 07/17/03.


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