August 10, 2015
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POLKCOUNTY
BOARD OF COMMISSIONERS’REGULARMEETING
August 10, 2015 – 7:00P.M.
R. Jay Foster Hall of Justice
WomackBuilding
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. CommissionerGage 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 beforeentering into the proposed amended Polk County/Inman-Campobello Water District (ICWD) Water Agreement.
7.Consent Agenda
A)Approval of theJuly 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.
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 therepresentatives 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 5310Elderly 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 theFY16 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.
13.PolkCounty 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 WaterlineProject 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.
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 thatthe 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.
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 agreementfor so long as ICWD retains water withdrawal rights as provided in Articles VIII and IX of the agreementfor 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, sourcedfrom the Green River (the “Green River Withdrawal”). All volumes of the Green River Withdrawal shall be included inin addition toany 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 givesICWD 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 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.