Continued Meeting – Thursday, May 27, 2010
The Graham County Board of County Commissioners met Thursday, May 27, 2010 at 3:00 p.m. for a
continued meeting from the Monday, May 17, 2010 regular meeting. Commissioners present were:
Sandra Smith, Bruce Snyder, Billy Cable, Steve Odom and Gene Trull. Commissioner Smith called the
meeting to order.
1. Commissioner Smith asks Joan Stillwell to present the Land Survey Proposals Evaluation for the
Community Development Block Grant. Ms. Stillwell stated that she had received two bids for the
asbestos testing and only one company qualified. The qualified company was Mountain
Environmental from Canton, NC 28716. See Attached!
Ms. Stillwell stated that she had received two proposals for the Land Survey Evaluation. The first
proposal was from Owens Surveying 326 Barber Hill Drive Waynesville NC 28738 and they
scored 70 points. The second proposal was from Phillips & Jordan 191 P&J Road Robbinsville, NC
28771 and they scored 100 points. See Attached!
Commissioner Cable made the motion to accept the proposal from Phillips & Jordan for the Land
Survey Evaluation. Commissioner Trull seconded this motion. Vote unanimous.
Commissioner Odom made the motion to accept the bid from Mountain Environmental for the
asbestos testing. Commissioner Trull seconded this motion. Vote unanimous.
2. Commissioner Smith asks for old business. Commissioner Snyder stated that they needed help
with the Heritage Festival.
3. Commissioner Odom made the motion to lease the building located at 34 Court Street,
Robbinsville, NC 28771 from Jack Edward Millsaps and Billie Ann Williams, Trustees of the Roy B.
Millsaps Living Trust. See Attached! Commissioner Trull seconded this motion. Commissioner
Smith calls for a vote. Commissioners Smith, Odom, Cable and Trull voted yes. Commissioner
Snyder opposed. Motion carried four to one.
4. Commissioner Odom made the motion to adopt a resolution to designate the offices located at
34 Court Street, Robbinsville, NC 28771 as the Office of Graham County Sheriff. See Attached!
Commissioner Trull seconded this motion. Commissioner Smith calls for a vote. Commissioners
Smith, Cable, Trull and Odom voted yes. Commissioner Snyder opposed. Motion carried four to
one. Commotion erupted from the audience causing Chairman Smith to state that the board
would not hear public comment.
5. Commissioner Odom made the motion to accept Budget Amendment #16 increasing the
American Cancer Society Special Appropriation to $3000.00. Commissioner Trull seconded this
motion. Vote unanimous.
6. Commissioner Odom made the motion to appoint Erma Phillips as the Assistant Review Officer
for Mapping due to the current Review Officer being located in another building. Commissioner
Trull seconded this motion. Vote unanimous.
7. Commissioner Odom asks about the contract to collect the Town of Robbinsville’s taxes at 3%.
All board agreed for David Sawyer, County Attorney, to meet with Mack Tallant, Town Attorney,
to finalize whether this would include back taxes. Attorney Sawyer stated that he would meet
with Attorney Tallant. Erma Phillips, Tax Assessor, stated that this needed to done before the
June 1st meeting in order to have the billing ready to go out in July.
8. Commissioner Snyder stated that the Heritage Festival needed volunteer to help with the
9. Clerk Crisp asks about the July 4th Holiday Schedule. Commissioner Trull stated that the county
could be off on Friday and not Monday and there were no reasons for the half day closing on
Thursday. Clerk Crisp stated that the request had been made by a member of the Heritage
Festival committee so that they could begin setting up for the festival. Commissioner Smith
stated that this would affect our offices if the roads were blocked. Commissioner Snyder stated
that he had not given much thought to the closing. Commissioner Odom discussed the county
doing away with the furloughs for the next fiscal budget year and giving some holidays without
pay. This would eliminate double pay and save the county money. Commissioner Trull stated
that he did not have a problem with that suggestion.
10. Commissioner Smith stated that there was a misunderstanding in the Graham Star about the
TVA PILT money. She asks James Bud to stay and listen to which he refused. Commissioner
Smith asks Rebecca Garland, Finance Officer and Erma Phillips, Tax Assessor, to explain the facts.
Ms. Phillips stated that TVA gives their allocations to the State of NC and then the state gives the
distribution to the counties. Ms. Garland stated that the total allocation in every state gets
determined by the revenue generation for that year and the NC Statues determine that amount.
Commissioner Smith asks that the Graham Star print the correct news and learn the laws on
how Graham County gets their money.
11. Rebecca Garland, Finance Officer, stated that she had some changes to the policies for the
county and needed to add some new policies that concerned the Transit Department. (a) The
first policy is for open meeting law compliance. She stated that she received notice of the
changes needed after a compliance review was done on the Transit Department. She stated that
all advisory boards shall provide to the Clerk of the Board of Commissioners a schedule of
advisory meetings to be held each fiscal year. The Clerk to the Board shall then advertise such
meetings to the public at a minimum of seven days and maximum of fourteen days prior to such
meetings via public posting and advertisement via public media. (b) The Fare and Service
Reduction Policy. (c) Amendment to Conflict of Interest Policy; (d) Americans with Disabilities
Act; (e) Charter Policy; (f) Amendment to Procurement Policy. Commissioner Smith made the
motion to accept all the new policies and amended policies. Commissioner Odom seconded this
motion. Vote unanimous.
12. Ms. Garland stated that she also had the Master Agreement Contract for BI-TEK, the software
company for the Tax Offices. Commissioner Smith asks if this is a comparable price and does the
county have this budgeted. Erma Phillips, Tax Assessor, replied that this was for the whole
system and was a very good price. Commissioner Cable asks if this is ready for installation. Ms.
Phillips stated that is was ready. Commissioner Smith asks if the money is in the budget for this
expense. Ms. Garland stated that the money was there. All board agreed to sign the Master
13. Commissioner Cable asks Donna Cody, a member in the audience, about the lease that was
offered to the county located at 300 Rodney Orr By-Pass. See Attached! He asks if the price to
buy, which was a little over the purchase price from the county, included all the property to the
creek because the original sale included all the property and by looking at this contract it does
not include the entire property. Erma Phillips, Tax Assessor, confirmed that the original sale was
for all the property to the creek. Donna Cody, an owner of the building, stated that she was not
sure but would check to see what the contract stated.
14. Commissioner Odom stated that the board needed to consider bids on IT / Mapping
Department. He directed the Asst. County Manager to start getting bids on outside sources to
see if this would be more cost efficient. He stated that he had been told that JR Rodgers, IT
/Mapping Specialist had asked for a layoff. Commissioner Odom asks the Clerk if that was
correct. Clerk Crisp stated that JR Rodgers had stated that he was tired. Commissioner Odom
stated that the Clerk needed to consult with the county attorney and set up a bid process.
Commissioner Odom stated that Highland Mapping was already subbing out the Mapping for
15. Commissioner Odom asks the County Attorney, David Sawyer to draw up a resolution on the
Reappraisal Schedule. He stated that the next appraisal be done in 2015 and every four years
after that to take off of the election year cycle. He stated that the commissioners shouldn’t have
to deal with this when running for reelection. Attorney Sawyer stated that he would draw up the
resolution and present at the next meeting.
16. Commissioner Odom stated that the board needed to set up work sessions for the upcoming
budget. He also stated that the board needed an Ethics Policy drawn up. Commissioner Smith
stated that the board needed to finish the personnel policy at the same time.
17. Commissioner Smith stated that the NC Department of Revenue was going to be late and asks
for motion to recess for ten (10) minutes. Commissioner Trull made the motion to recess the
meeting for ten (10) minutes. Commissioner Odom seconded this motion. Vote unanimous.
18. Commissioner Smith calls the meeting back to order.
19. Commissioner Smith asks Erma Phillips, Tax Assessor; Bill Wilkes and Greg Woods, NC
Department of Revenue Property Tax Assessors to speak. Ms. Phillips introduced the two
gentlemen then presented the board with House Bill 1570. See Attached! Ms. Phillips turned the
floor over to Bill Wilkes. Mr. Wilkes stated that Ms. Phillips had contacted his office about three
months ago about the TVA PILT money distribution. He stated that his department is gathering
all the information related to this distribution. Mr. Wilkes also stated that is appears that the
county line is the river.
Mr. Woods stated that he was researching the federal records from 1940 to show how the dam
was structured and placed in the two counties: Graham and Swain. He stated that the acreage
was mandated to allocate Swain County 90% and Graham County 10%. He stated that this
allocation was incorrect. Mr. Woods stated that he found Swain County to hold two thirds and
Graham County holding one third. Mr. Woods’s concern was which county the generators are
actually located in and by his estimates, they lie in Graham County. Mr. Woods stated that this
would be corrected when a decision is made on where the actual riverbed lines are located.
Commissioner Odom asks if a visual survey would determine where the riverbed splits. He
stated that according to the original survey the river came around in a curve and this was
physically moved to build the dam and was not a natural change therefore this line should not
be used. Donna Cody, resident of Graham County stated that the State Archives in Raleigh
would pull all the information for them and they would have the original document. Mr. Woods
stated that the county would receive a small increase of money because of the generators
location of around $17,000.00. Mr. Woods stated that once the riverbed lines have been
determined, an actual figure of increased monies would be available. Commissioner Smith
stated that the records needed to be found at the state archives. Mr. Wilkes and Mr. Woods
both stated that they would go to the archives to retrieve the information that was needed. The
board discussed the acreage and equipment that is located in Graham County and how the
government figures the allocations. The board questioned the possibility of receiving back funds
and both gentlemen stated that this would be determined when the actual riverbed lines are
found. Mr. Wilkes stated that the county would have to request a refund to the NC Department
of Revenue. Commissioner Smith thanked the gentlemen for coming and speaking to the board.
All board members thanked them as well.
20. Commissioner Odom made the motion to go into closed session under G.S. 143-318.11(a) 1, 3,
and 6, for privileged or confidential information, attorney client privilege, personnel and
contracts. Commissioner Snyder seconded this motion. Vote unanimous.
21. Commissioner Odom made the motion to go back into open session. Commissioner Cable
seconded this motion. Vote unanimous.
22. Commissioner Odom gave a directive to the Assistant County Manager to have a survey done on
the property where the old ambulance base was located to see if the playground equipment
could be installed there. He stated that the playground equipment needed to be installed on
100% owned county property. All board was in agreement.
23. Commissioner Odom made a motion to adjourn. Commissioner Trull seconded this motion. Vote
Sandra Smith, Chairman, Graham County Commissioner
Bruce Snyder, Vice-Chairman, Graham County Commissioner
Billy Cable, Member, Graham County Commissioner
Steve Odom, Member, Graham County Commissioner
Eugene Trull, Member, Graham County Commissioner
Kim Crisp, Clerk to the Board