August 10, 2015
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POLK COUNTY
BOARD OF COMMISSIONERS’ REGULAR MEETING
August 10, 2015 – 7:00 P.M.
R. Jay Foster Hall of Justice
Womack Building
Columbus, NC
MINUTES
PRESENT: Chair Pack, Vice-Chair Holbert, Commissioner Bradley, Commissioner
Gage and Commissioner Gasperson. Also in attendance were County Manager
Pittman, County Attorney Berg, Clerk to the Board Fehrmann, media and citizens.
1. Call to Order – Chair Pack called the meeting to order.
2. Invocation – Former Commissioner Ted Owens gave the invocation.
3. Pledge of Allegiance – Commissioner Bradley led the pledge.
4. Approval of Agenda – Commissioner Gage moved to approve the agenda,
seconded by Vice-Chair Holbert and the motion carried unanimously.
5. Resolution Honoring Bryant H. Womack – Commissioner Gage asked that this
resolution be placed on the agenda in honor of Bryant H. Womack. The resolution
was adopted by consensus on July 30, 2015, but required ratification by the Board
during a regular meeting. The original framed resolution was donated to the
Womack Army Medical Center by Commissioner Gage during a ceremony held on
August 7, 2015, at Fort Bragg. Commissioner Gage moved to ratify the resolution,
seconded by Commissioner Gasperson and the motion carried unanimously.
6. Citizen Comments – Sky Conard expressed her concern that the Turner
Shoals/Lake Adger dam is not being properly maintained and repaired as
recommended by AECOM in their Dam Safety Inspection Report dated January 9,
2014. Shelley Contin-Hubbs, Tom Worden, Greg Lobas and Joanne Leen spoke
against the proposed Duke Energy Transmission Reliability Enhancement Project.
Susan Harris questioned why the “Historical & Current Data on Polk County
Droughts” agenda item was placed after the “Proposed Amended Polk
County/Inman-Campobello Water District (ICWD) Water Agreement” on the current
meeting agenda. Pat Solomon, Dave Maxwell, Michael Veatch and Andy Millard
urged the Board to be prudent before entering into the proposed amended Polk
County/Inman-Campobello Water District (ICWD) Water Agreement.
7. Consent Agenda
A) Approval of the July 20, 2015, regular meeting and work session minutes.
B) Tax Department July 2015 refund request in the amount of $13,358.05.
Vice-Chair Holbert moved to approve the consent agenda, seconded by
Commissioner Bradley and the motion carried unanimously.
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8. Duke Energy Transmission Reliability Enhancement Project Approval Rules &
Regulations – County Manager Pittman gave a PowerPoint presentation regarding
the enhancement project’s approval process, a copy of which is hereby
incorporated by reference into these minutes. A packet containing the information
referenced in the presentation was provided to the public at the meeting. The
Commissioners assured citizens that they were working diligently with Duke Energy
to do all they can as local elected officials to protect the county regarding this
project. Vice-Chair Holbert and Commissioner Gage both said they had spoken to
Representative Chris Whitmire and expressed Polk County’s concerns.
Commissioners Bradley and Gasperson urged citizens to look at existing
transmission lines in the county similar to those being proposed in order to fully
understand their impact. Chair Pack said the representatives from Duke Energy he
met with were not supportive of the Board adopting a resolution in opposition to the
project; he said he had also spoken to Representative Whitmire. Chair Pack said
that although local governments do not actually have a say in the approval process,
they can make their opinions known and perhaps have some influence on the
project.
9. Resolution in Opposition to the Proposed Location of the Duke Energy
Transmission Reliability Enhancement Lines in Polk County – Commissioner
Gasperson moved to approve the resolution in opposition to the proposed location
of the transmission lines in Polk County, seconded by Commissioner Gage and the
motion carried unanimously.
10. FY16 North Carolina Department of Transportation (NCDOT) Section 5310 Elderly
Individuals & Individuals With Disabilities Program Contract Agreement – Dianne
Timberlake, Transportation Director, presented the contract agreement.
Commissioner Gage moved to approve the FY16 North Carolina Department of
Transportation (NCDOT) Section 5310 Elderly Individuals & Individuals With
Disabilities Program Contract Agreement, seconded by Commissioner Gasperson
and the motion carried unanimously. Commissioner Bradley moved to assign
delegation authority to County Manager Pittman for this and all other Transportation
Department contract agreements currently under consideration at this meeting,
seconded by Commissioner Gage and the motion carried unanimously.
11. FY16 North Carolina Department of Transportation (NCDOT) Section 5311
Community Transportation Program Contract Agreement – Ms. Timberlake
presented the contract agreement. Commissioner Gage moved to approve the
FY16 North Carolina Department of Transportation (NCDOT) Section 5311
Community Transportation Program Contract Agreement, seconded by
Commissioner Bradley and the motion carried unanimously.
12. FY16 Appalachian Development Transportation Assistance Program Contract
Agreement – Ms. Timberlake presented the contract agreement. Vice-Chair Holbert
moved to approve the FY16 Appalachian Development Transportation Assistance
Program Contract Agreement, seconded by Commissioner Gage and the motion
carried unanimously.
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13. Polk County Transportation 5-Year Community Transportation Service Plan – Ms.
Timberlake gave a PowerPoint presentation on the service plan, which was initially
reviewed by the Board at their July 20, 2015, regular meeting. A copy of the
presentation is hereby incorporated by reference into these minutes.
Ms.
Timberlake was instructed to outline the apportionment of costs related to a new
Transportation Department facility, to include a feasibility study, and land and
construction costs. Ms. Timberlake was further instructed to work to provide a lower
rate for transportation services users who are subject to the non-subsidized fare. It
was the consensus of the Board that the plan be considered for approval at the
August 24, 2015, regular BOC meeting.
14. Booster Pump Station on Hwy. 9 North/Sunny View Waterline – Dave Odom of
Odom Engineering said the Hwy. 9 North/Sunny View waterline project is complete,
and the waterline will be in service once certification from the state is received. Mr.
Odom said future waterline extensions in the northern part of the county are limited
due to elevation constraints which negatively affect water pressure. Installation of a
booster pump station to pump water to a holding tank (the location of which has yet
to be determined) would make future waterline extensions feasible; installation of
the station now would be the most cost effective for the county. Vice-Chair Holbert
moved to authorize Mr. Odom to proceed with the Hwy. 9 booster pump station
design process, identify the property, and generate a cost estimate, seconded by
Commissioner Bradley and the motion carried unanimously.
15. Hwy. 9 North/Sunny View Waterline Project Change Order – Mr. Odom said the
change order was necessary to address the following project issues:
1)
Encountered a deep gas line which necessitated additional excavation and steel
piping encasement costs. 2) Encountered an excessive amount of rock. 3)
Additional fire hydrant assembly and backflow preventer for the Sunny View Fire
Department. 4) Cost of easement acquisitions in exchange for taps. Vice-Chair
Holbert moved to approve Change Order #4 in the amount of $60,815, seconded by
Commissioner Gage and the motion carried unanimously.
16. Budget Amendments – County Manager Pittman presented the budget
amendments. 1) Commissioner Gage moved to approve BA #1, Appropriate Fund
Balance/Transfer to Water Capital, $60,815 – To appropriate General Fund Balance
for the additional cost of the Sunny View Waterline Extension, seconded by
Commissioner Bradley and the motion carried unanimously. 2) Commissioner
Gage moved to approve Project Budget Ordinance, Sunny View Waterline
Extension – To increase the project by $60,815, seconded by Commissioner
Bradley and the motion carried unanimously. 3) Commissioner Bradley moved to
approve BA #3, Water Operating Fund, $22,500 – To transfer reserves from the
Water Operating Fund to the Water Project Fund to cover an additional six months
of Odom Engineering services, seconded by Vice-Chair Holbert and the motion
carried unanimously.
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17. Polk County Personnel Policy Revisions for Discussion – Patti Wagner, Human
Resources Officer, presented the draft revised policy for discussion. Commissioner
Gasperson said he had questions about discretionary pay and would like to see the
numbers, and he said he would like sit down with Ms. Wagner to review all of the
policy changes. Vice-Chair Holbert said the definition of “Immediate Family” is
perhaps too broad. Commissioner Bradley said the document is similar to the one
in place where he is employed, and he did not anticipate that many changes
needed to be made. Commissioner Gage received clarification on the definitions of
“Probationary Employee” and “Work Against Appointment”. Chair Pack received
clarification on the particulars of the “Service Appreciation Award”. Chair Pack also
recommended that the accrual of compensatory time be limited to less than the
proposed 240 hours, and suggested a 180-200 hour limit. It was the consensus of
the Board to reduce the accrual of compensatory time to 180 hours. It was further
the consensus of the Board to consider taking action on the revised Polk County
Personnel Policy at the August 24, 2015, regular BOC meeting.
18. Proposed Amended Polk County/Inman-Campobello Water District (ICWD) Water
Agreement – Discussion ensued regarding the proposed agreement, and the
following amendments were recommended (Additions appear with underlines and
deletions appear with strikethroughs.):
1) Article I. Definitions, (k) “ICWD Reimbursement” – It is the intent of the Parties that
all revenue associated with ICWD’s operation of Polk County system be included in
computing the ICWD Reimbursement. It is also the intent of the Parties that the ICWD
Reimbursement shall not include audit fees, fines or penalties imposed on ICWD for its
noncompliance with any local, state or federal law, rule, ordinance, order or regulation.
2) Article I. Definitions, (p) “Polk County Customers” shall mean those customers
located within Polk County and who receive potable water from water lines owned by
Polk County and connected to the Polk County System and those customers served by
municipalities located in Polk County.
3) Article III. Water Supplies; Future Water Treatment Facilities, Section 3.01
Section 3.01 Water Resource During Initial and Subsequent Term of Agreement (c) “For the seventy-five years, ICWD will reserve for Polk County any amount of raw
water from the Raw Water Withdrawal that is necessary to meet the actual water
capacity requirements of Polk County to provide Water Service to Polk County
Customers and for municipalities located in Polk County to provide Water Service to
their customers located in Polk County.”
4) Article V. Governance and Oversight, Section 5.0 Meetings of the Joint
Coordinating Committee. The Joint Coordinating Committee shall meet initially
within 45 days of the date first entered above and shall then meet thereafter so often as is
necessary to adequately provide Oversight, but no less than twice annually to (1)
approve the Capital Improvement Plan for the upcoming fiscal year and (2) to receive
the Annual Report. At the initial meeting, the Joint Coordinating Committee shall adopt
bylaws that further set forth the policies and procedures for the governance of the Joint
Coordinating Committee and that set forth a means by which a special meeting of the
Joint Coordinating Committee may be called by a majority vote of the governing board
of either the ICWD or the Polk County Commission.
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5) Article VII. System Capital Investments, Ownership of Polk County System
Assets, Lease and Maintenance of Polk County Assets by ICWD. With the exception
of any future water treatment facility, , Polk County shall own all water system assets
that are hereafter constructed by ICWD within Polk County to include any water intake
facilities or associated facilities built within Polk County, along with any improvements
to Lake Adger, pursuant to the terms of this Agreement. ICWD will provide Polk
County with all documents necessary to reflect ownership of these assets in the records
of Polk County. Any raw water intake facilities or transmission lines associated with
such intake facilities constructed by ICWD located in Polk County to connect a water
treatment plant or facilities located outside Polk County to a water resource located in
Polk County shall be leased by Polk County to ICWD for a period of seventy-five years
from the effective date of this agreement for so long as ICWD retains water withdrawal
rights as provided in Articles VIII and IX of the agreement for the sum of one dollar per
year. ICWD shall be responsible for all repairs and maintenance of any Polk County
System Capital Assets leased by ICWD.
6) Article IX. Green River Withdrawal, Section 9.01 Request for Green River
Withdrawal. In further consideration for the provision of the Water System Services
for the duration of the Initial Term and any Subsequent term of this Agreement, and for
the cost to ICWD of all Capital Projects, including the construction of all Expansion
Projects and investments in the Lake Adger dam, Polk County shall, upon request of
ICWD, and subject to the additional terms of this Article, make available to ICWD raw
water up to the amount of two MGD, sourced from the Green River (the “Green River
Withdrawal”). All volumes of the Green River Withdrawal shall be included in in
addition to any portion of the withdrawal capacity of the Green River that is designated
as the Excess Volumes of Water of the Lake Adger Withdrawal. In the event that, due to
the enactment of any law, rule, regulation, regulatory decision, opinion or order, or due
to the prior riparian rights of other parties to the withdrawal capacity of the Green River,
Polk County is unable to make available to ICWD the maximum amount of the Green
River Withdrawal, Polk County shall make available to ICWD the maximum amount of
raw water available under such law, rule, regulation, regulatory decision, opinion or
order, or then available subject to the riparian rights of other entities.
Commissioner Gasperson made the following comments: Cleveland County is in
the process of spending approximately $95 million for a water reservoir, and Polk
County needs to look at the full spectrum of available options; maybe the county
could have collaborated with Cleveland County on their public water needs. The
taxpayers are paying for the annual $69,585 liability insurance on the Turner
Shoals/Lake Adger dam, and the proposed contract gives ICWD all of the water
revenues for seventy-five years. The county is trying to figure out a way to pay for
the approximately $2.5 million needed for future maintenance and repair of the
Turner Shoals/Lake Adger dam. The county has spent approximately $3 million in
waterlines over the last three years, and could handle the maintenance and repair
costs of the dam. The county currently has approximately $600,000 set aside for
the dam. Three years ago the dam maintenance fund was cut by $100,000 in the
county budget, and the past two fiscal years it was cut by $150,000 each year,
which totals $400,000. If all the money had been set aside as originally planned,
the county would currently have $1 million in its dam maintenance fund, which
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would pay for the first phase of dam repairs. The proposed local sales tax
reallocation being considered by the North Carolina state senate could mean a
potential increase of $500,000 in local sales tax distribution beginning the next fiscal
year, which could make a big difference for the county. The proposed ICWD
agreement should be postponed until further investigation to determine if entering
into the agreement is the right thing for the county to do. The proposed agreement
needs to be reviewed by a subject matter expert. Polk County will receive no share
in revenues from water sales.
Commissioner Gasperson read the following section of the proposed agreement:
“Section 8.04 Regulation of Lake Adger. For so long as ICWD makes use of raw water
supplies from the Lake Adger Withdrawal, Polk County shall cooperate with ICWD to take
such regulatory action that is reasonable and necessary in order to manage Lake Adger as a
viable source of raw water that meets ICWD’s needs and requirements and as a recreational
resource for Polk County.”
Commissioner Gasperson said this section makes it seem that the BOC may be
taking steps in the future to impact the private property rights of Lake Adger land
owners. Commissioner Gasperson inquired about the possibility of setting up a joint
water authority with ICWD which would cross over state lines, and said this type of
partnership would enable a large number of users to contribute to the cost of dam
maintenance and repairs, as well as sedimentation remediation. Commissioner
Gasperson said there has been broad-based public outcry against the proposed
agreement.
Commissioner Gage said there was broad-based public outcry against the UDO
when the Polk County auditorium was filled with citizens against it; there have been
other county issues that have been just as controversial as the proposed
agreement. County Manager Pittman said with the proposed contract ICWD would
be financially responsible for operating and maintaining the water system – with the
exception of the insurance cost for the dam – not the county taxpayers.
Commissioner Bradley said he had heard from taxpayers who believe they will
never see the use of Lake Adger as a water resource, and they are tired of paying
for the maintenance and repairs of the dam. Commissioner Gasperson said the
taxpayers will still be burdened by the cost of remediating the sedimentation at the
lake.
Commissioner Bradley said he believes it was a mistake for the county to have
purchased Lake Adger to begin with, but now it has to be dealt with and the county
is on the right track. Commissioner Gasperson said Lake Adger, as a viable water
reservoir for public use, could have immense value to taxpayers as a future revenue
stream. Commissioner Bradley said all the citizens in the county will never use the
lake as a water reservoir, such as those who live in the Big Hungry area. ViceChair Holbert said he had talked to an engineer, and the cost for creating a
complete county water system could be between $17-18 million; this would translate
into a local tax increase of about 10%.
August 10, 2015
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Commissioner Gage moved to approve re-submittal of the proposed amended Polk
County/Inman-Campobello Water District (ICWD) Water Agreement with the
recommended amendments, and to approve that the County Attorney make the
most recent recommended modifications to the proposed agreement, create a final
draft, and submit the final draft to the Board, seconded by Vice-Chair Holbert and
the motion carried 4-1 (Gasperson opposed).
19. Historical & Current Data on Polk County Droughts – Commissioner Gasperson,
who placed this item on the agenda for discussion, presented the information. A
copy of the U.S. Drought Monitor report for North Carolina dated August 4, 2015, is
hereby incorporated by reference into these minutes. Commissioner Gasperson
said the county purchased Lake Adger in April of 2008 during a period of extreme
drought in the county. Commissioner Gasperson said natural drought cycles are
the reason ICWD has such an interest in securing Lake Adger as a water reservoir.
Commissioner Gasperson said the citizens of Polk County should retain primary
control of Lake Adger as their own water reservoir. Chair Pack said water
availability for the citizens of the county is the reason for Section 3.01(c): “For the
seventy-five years, ICWD will reserve for Polk County any amount (emphasis added) of
raw water from the Raw Water Withdrawal that is necessary to meet the actual water
capacity requirements of Polk County to provide Water Service to Polk County Customers.”
Vice-Chair Holbert said Lake Adger was purchased because there were three other
outside entities seeking to purchase it; the county bought the lake to prevent others
from taking over the county’s water reservoir.
Chair Pack confirmed that
Northbrook Energy was in the market to sell Lake Adger when the county
purchased it.
20. Manager’s Report – 1) The $20 million U.S. Hwy. 74 & Hwy. 108 interchange
project is currently up for federal approval. Right of way acquisition is scheduled to
begin in 2018, and construction is scheduled to begin in 2021. 2) County Manager
Pittman has been invited to attend the County Manager’s round table sponsored by
the UNC School of Government at the upcoming NCACC Annual Conference. 3)
Smoky Mountain’s 4th Quarter Finance Report for FY 2014/15 was presented. 4)
The Commissioners, county staff and citizens were invited to attend a reception for
the new Polk County Cooperative Extension Director Scott Wellborn on August 11,
2015, from 1:00 - 3:00 P.M. at the Polk County Cooperative Extension Office. 5)
Emergency response efforts to a recent residential fire in Tryon by Polk County
firefighters, as well as firefighters from Landrum, Campobello and Inman, were
commended.
21. Volunteer Boards for Vote – Regina Burgess (reappointment) and Tanya Morrow
were appointed to the Mental Health Advisory Board by unanimous vote. Ray
Williams was appointed to the Recreation Advisory Board by unanimous vote.
22. Volunteer Boards for Review – 7 applications for 9 Animal Cruelty Investigator
positions were reviewed.
August 10, 2015
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23. Commissioner Comments – Commissioner Gasperson said he was looking forward
to speaking at the ICWD Board meeting scheduled for August 18, 2015. Vice-Chair
Holbert and Commissioner Gage thanked everyone for coming out. Commissioner
Bradley thanked the citizens for their participation. Chair Pack thanked everyone
for coming out.
24. Adjournment – Commissioner Gage moved to adjourn the meeting, seconded by
Commissioner Bradley and the motion carried unanimously.
ATTEST:
POLK COUNTY BOARD
OF COMMISSIONERS
__________________________
Beth Fehrmann
Clerk to the Board
__________________________
Tom E. Pack
Chair