Bob Grant Attorney Newton Nc - DOC

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Bob Grant Attorney Newton Nc - DOC Powered By Docstoc
					       THE ANSON COUNTY BOARD OF COMMISSIONERS convened for their
regular monthly meeting on Tuesday, February 7, 2006 beginning at 6:00 P.M. in
Courtroom #1 located in the Anson County Courthouse.

      Commissioners present:      Jarvis Woodburn, Chair
                                  Bobby Sikes, Vice Chair
                                  Neil Jones
                                  Steve Lear
                                  Dr. Jim Sims
                                  Ross Streater

      Staff members present:      Andy Lucas, County Manager
                                  Bonnie M. Huntley, CMC, Clerk to the Board
                                  George C. Bower, Jr., County Attorney
                                  Patrice Carr, Human Resource/Veterans
                                  Holly Berry, Finance Officer
                                  Rita James, Data Processing
                                  Larry Newton, Assessor
                                  Vance Gulledge, Utilities Administrator
                                  Tommy Allen, Sheriff
                                  Jan Benton, Planning
                                  Connie Wilhoit, 911
                                  Holly Lambert, 911
                                  Chuck Nix, EMS


      Chairman Woodburn called the meeting to Order, welcoming those present.

       At this point, Chairman Woodburn recognized Sheriff Allen. Sheriff Allen
explained that at the last meeting he volunteered for the color guard to present the
colors and the Chaplain to deliver the Invocation. Sheriff Allen shared that they started
this about a year ago and these men volunteer on their own time for practice and to
perform. Sheriff Allen shared that he did receive grant money to purchase the flags.
Sheriff Allen recognized members of the Anson County Color Guard as follows: Sgt.
Darrell Gerald, Sgt. Rick Little, Robert Sherrill, David Ludlow, Shane Drake, Josh Beam,
Donald Jenks, Rodney Tillman and David Greene. Sheriff Allen stated that the color
guard was under the supervision of Sgt. Billy Dunn. Sheriff Allen stated that the color
guard concept was from the old drum and bugle core of the Revolutionary War. Sheriff
Allen then asked everyone to stand for the presentation of colors and the Pledge of
Allegiance. Chaplain Bob Wells delivered the Invocation. Chairman Woodburn
thanked Sheriff Allen, the color guard and the Chaplain, noting everyone looked sharp.

       Chairman Woodburn felt it appropriate to have a moment of silence in honor and
remembrance of Coretta Scott King. Commissioner Jones asked that the record reflect
that the flags flew at half-mast today in accordance with the request of the President
and instruction to the County Manager.
         Approval of the Agenda by the Commissioners: County Manager Lucas
asked for a closed session for the Manager’s report to seek administrative guidance on
the matter. Item 8-Manager’s Report now becomes Item 9c under Closed Session.
Commissioner Sims added an item dealing with water quality under Commissioner
Concerns and asked that Vance Gulledge be present. Commissioner Streater added a
personnel matter under closed session. Commissioner Jones stated that he might have
an item depending on timing. Commissioner Lear voiced a concern for the water issue
at the Field of Dreams but thinks that is being taken care of. The Clerk noted she would
be arranging a meeting between representatives of the Field of Dreams and
Commissioner Sims, Commissioner Streater and County Manager Lucas along with Mr.
Gulledge. Commissioner Lear asked to bring the Board up to date on the FERC
relicensing. Commissioner Jones had a point of parliamentary procedure inquiring
when the Board adopts the minutes in the consent agenda if they are also adopting the
closed session minutes. Chairman Woodburn answered that was correct as they were
all in there. Motion by Commissioner Sims, seconded by Commissioner Lear, to
approve the Agenda as submitted with the additions and changes. Motion carried
unanimously.

       Public Hearing – Wrecker Service Rotation Ordinance: Chairman Woodburn
noted this was basically to regulate on-call wrecker services in Anson County so the
public could be served in a uniform, fair and reasonable manner. Motion by
Commissioner Jones, seconded by Commissioner Streater to open the public hearing.
Motion carried unanimously.

       In the public hearing, Commissioner Sims asked if the wrecker services had
advance notice of the hearing. Commissioner Jones asked how with County Manager
Lucas answering that the Sheriff corresponded with them and it was also advertised in
the paper. Chairman Woodburn called for questions or comments from the public.
Hearing none, motion by Commissioner Jones, seconded by Commissioner Sims, to
close the public hearing. Motion carried unanimously.

        In regular session, Commissioner Jones asked the County Attorney if he was
involved in drafting the Ordinance with County Attorney Bower stating that he reviewed
the Ordinance. Commissioner Jones asked what considerations were given to the
thirty-minute rule and if any other intervals were considered. Sheriff Allen shared that
the model they went by had twenty minutes and all current on-call wrecker drivers were
members of the committee reviewing the Ordinance and by consensus agreed twenty-
minutes was a little short and they thought thirty-minutes to be more reasonable.
Commissioner Streater asked if the rates were in line with other counties with Sheriff
Allen answering they were a little higher than current rates but this makes them uniform.
Sheriff Allen noted that this also reflects highway patrol current standards.
Commissioner Sims commented that he thought the Ordinance was very thorough and
well written. Commissioner Jones asked if there was anything in the Ordinance saying
fees had to be paid before your vehicle was returned with Sheriff Allen stating he was
unsure as to whether or not it was in the Ordinance but there was a mechanic’s lien for
all wreckers that speaks to this issue. Chairman Woodburn commented that you could
get your belonging out of the vehicle. Sheriff Allen commented that everyone was
allowed to get personal items from the vehicle. Commissioner Streater asked if
someone could pay to have their vehicle towed to a place of their choice with Sheriff
Allen answering you could but he was sure another fee would be charged.
Commissioner Jones voiced that there were two kinds of liens, one was mechanical and
one was storage. Chairman Woodburn voiced that he did not see a provision for return
of a vehicle being towed for illegal parking or a matter other than an accident. Sheriff
Allen felt this was addressed in the Ordinance. Motion by Vice Chair Sikes, seconded
by Commissioner Lear, to approve the Ordinance as written. County Attorney Bower
noted that another reading and vote would be needed since this would not be a
unanimous vote. Motion carried unanimously.

        Appearances:
        Sheriff Tommy Allen: Sheriff Allen shared that they just recently received the
Jail Inspection Report from the State where they visit us twice at unannounced times
and inspect the jail for different things. Sheriff Allen noted that because of the age of
our jail we’ve gotten by on a few items. Sheriff Allen recognized Lt. Pat McCoy and Lt.
Acie Gainey stating they were the two people who run the jail. Sheriff Allen stated that
he received the report about two weeks ago and it was the first time they had no “not in
compliance’ checks on the report. Sheriff Allen credited the efforts of Lt. McCoy and Lt.
Gainey for the great report. Sheriff Allen shared that the jail inspector always says we
need more people in the jail for the number of inmates we have.

         Chris Morton – Gazebo: Ms. Morton thanked the Board for the opportunity to
speak and apologized for not attending the meeting last month but she got confused
between the Monday and the Tuesday. Ms. Morton explained that this issue has been
ongoing since 2000 with terrible damage to the tiles. Ms. Morton shared that the Ola
Kala Garden Club handles the maintenance on the Gazebo grounds and the Gazebo.
Ms. Morton stated that five years ago she approached Mr. Bennett asking for help in
repairing the roof damage. Mr. Bennett agreed to help if they would purchase the tiles.
Ms. Morton shared that finding someone to repair the tiles has been a problem but she
finally found someone. Ms. Morton noted that in October she approached the Board
asking for $1758 and was asked to try to find some other means of funding. Ms. Morton
shared that she did in fact find other funds and was now asking the Board for $879. Ms.
Morton stated that the Gazebo was eighty-seven years old and without repair the entire
backside would cave in. Commissioner Sims voiced that if he remembered correctly the
Gazebo was a World War I memorial and as such he feels it takes high priority.
Commissioner Sims voiced that it was also an honor to the sacrifice of hundreds of
thousands of men in WWI. Commissioner Sims noted this was county property and felt
the Board should give consideration to the request. Commissioner Sims asked Ms.
Morton what the Town of Wadesboro was doing. Ms. Morton answered that the Town
said it was the county’s property. Ms. Morton explained that the Ola Kala Garden Club
planted over 558 tulips and 36 azaleas, fertilized and installed a sundial. Commissioner
Sims commented that he would accept all of her work as the city’s contribution and
offered a motion to approve the request. Commissioner Jones offered a second to the
motion and asked how the check should be written. Ms. Morton said to make the check
to Uptown Wadesboro. Ms. Morton shared that in October she received a price to
repair the Gazebo in the amount of $1785 but the price was only good for a certain
period of time. Ms. Morton then approached Uptown Wadesboro telling them she had
not received the money from the Commissioner and she would lose the price and the
people that would do the repairs. Ms. Morton stated that Uptown Wadesboro offered
help if she would try to find extra funds to help defray the cost. Ms. Morton noted that
Ola Kala paid the first bill in the amount of $179 and Uptown Wadesboro paid the last
bill. Commissioner Jones asked Commissioner Sims if his motion was to pay Uptown
Wadesboro $879 with Commissioner Sims answering yes. Motion carried unanimously.

      Public Addresses to the Board: Chairman Woodburn noted North Carolina
General Statutes 153A-52.1 requires this item. Chairman Woodburn asked if anyone
was present to address the Board. There were no public comments.

       Consent Agenda: Commissioner Sims commented that the amendments did
not carry county funds as most were where we were collecting money from other
agencies and some where we were switching money from one area in the budget to
another. Motion by Commissioner Sims, seconded by Commissioner Jones, to
approve. Commissioner Jones commented that when approving the minutes, the Board
was approving pages 10-32 since that is what it says and is concerned that in the future
we should write the Agenda such that it is obvious that we are including the closed
minutes as well. The Clerk pointed out that on the cover sheet for this item in the
Agenda packet it states that the Board is approving regular and closed session minutes.
Motion carried unanimously.

       Consent Agenda:
       Minutes: Approved minutes of regular and closed sessions dated January 9 and 18, 2006.
       Tax Releases:
       Vehicle Tax Releases – Feb 06:
Release #      Name                          Year    Amount         Reason         Bill #
17175          Beam, Carol                   2005    149.40         Proration      508-086
17193          Brock, Sue                    2005     61.06         Proration      510-237
16642          Canipe, Christa               2005     30.65         Error          512-196
17186          Chambers, Glenda              2004     25.20         Proration      412-257
16624          Deese, Tony                   2005     72.52         Situs          510-512
17183          Fitton, Irma                  2005       9.14        Proration      505-605
17163          Gardin, Danny                 2005       2.82        Proration      505-673
16648          Gehrlein, Rebecca             2005     16.92         Value          512-558
17190          Gibson, John                  2005       6.17        Proration      505-692
16638          Goodwin, Glenda               2005     26.72         Error          512-576
17172          Harney, Selby                 2005     96.25         Proration      516-624
16625          Horan, John                   2005       6.33        Situs          511-755
17167          Huneycutt, David              2005     43.89         Proration      511-790
17181          Hyatt, Clifford               2005    121.05         Proration      511-810
17182          Joines, Letitia               2005       9.92        Proration      505-1045
17195          Leak, Claudette               2004    102.49         Proration      409-924
16620          Liles, Miriam                 2005     13.34         Situs          511-953
16640          Lilly, Melanie                2005     28.75         Situs          510-1076
16639          Lilly, Melanie                2005     39.59         Situs          512-882
16641          Miller, Laura                 2005     28.30         Situs          512-1043
17187          Perry, Joseph                 2005     16.28         Proration      511-1230
17184           Pryor, Joe                  2005     168.10   Proration   512-1197
17168           Redfearn, Sean              2005      46.62   Proration   508-1451
17171           Robinson, Brenita           2005       7.60   Proration   507-1526
17174           Robinson, Eliza             2005      38.56   Proration   505-1845
17170           Robinson, James Jr          2005      73.90   Proraiton   505-1848
17178           Russell, Barry              2004       8.50   Proration   504-1674
17179           Russell, Barry              2005      11.45   Proration   506-1767
17169           Salgado, Thomas Jr          2005       0.96   Proration   512-1286
16610           Stevens, Dale               2005     113.44   Situs       511-1504
17194           Tillman, Alexander          2004      43.85   Proration   503-2575
16621           Treadaway, Zachary          2005      26.76   Mileage     511-1627
16623           Tyson, Stafford             2005     190.09   Military    510-1839
16619           Wood, Tony                  2005      14.55   Error       511-1764
17191           Woodburn, Angela            2005      34.02   Proration   508-1940
                                Total              1,685.17

        Vehicle Tax Adjustments – Feb 06:
16624           Deese, Tony                 2005      5.95    Situs       510-512
16625           Horan, John                 2005     73.43    Situs       511-755
16620           Liles, Miriam               2005     11.04    Situs       511-953
16641           Miller, Laura               2005      2.44    Situs       512-1043
16610           Stevens, Dale               2005      1.24    Situs       511-1504
                               Total                 94.10

        Vehicle Tax Refunds – Feb 06:
17173           Bennett, Kenneth            2005     20.97    Proration   511-097
17185           Black Const. Inc.           2004     10.51    Proration   504-129
17180           Borden, Lloyd               2005      1.17    Proration   505-164
17164           Chewning, William           2004     14.54    Proration   504-345
17198           Chisholm, Sherri            2005     19.52    Proration   511-300
17192           Edwards, Mary               2005      5.76    Proration   511-516
16622           Goodwin Walter              2005     72.01    Value       511-618
17166           Hubbard, Sandy              2004     15.95    Proration   502-900
17188           Little, Larry               2005     13.50    Proration   505-1242
17189           Lowry, Robert               2005      7.15    Proration   508-1089
17176           Nivnes, Lloyd III           2005      8.05    Proration   510-1343
17165           Odom, Willie III            2005      8.33    Proration   509-1252
17197           Senter, Jesse               2005      1.88    Proration   505-1940
17177           Tarlton, Robert             2005     93.52    Proration   505-2112
17196           Woodside, Dezzie            2005      1.38    Proration   509-1889
                                  Total             294.24

        Property Tax Releases – Feb 06:
16618           Anson Acceptance            2005       7.56   Error       057-417
16627           Barloworld                  2005     322.85   Error       057-722
16631           Central Carolina Bank       2005     155.12   Error       052-2943
16630           Central Carolina Bank       2005      64.40   Error       055-2944
16632           Griggs, Henry B.            2005   1,534.70   Error       053-DF25263
16633           Griggs, Henry B.            2004   1,673.61   Error       053-DF25264
16634           Griggs, Henry B.            2003   1,615.42   Error       053-DF25265
16637           Griggs, Henry B.            2002   1,736.34   Error       053-DF25266
16611           Watkins, Timmy              2005     436.51   Error       053-AL25290
16612           Watkins, Timmy              2005     476.20   Error       053-AL25291
16613           Watkins, Timmy              2005     460.66   Error       053-AL25292
16614           Watkins, Timmy              2005     490.09   Error       053-AL25293
16616           Watkins, Timmy              2005     592.02   Error       053-AL25294
16617          Watkins, Timmy               2005      631.49      Error          053-AL25295
                                Total              10,202.97

        Property Tax Refunds – Feb 06:
16646           Carpenter, Steve            2004       7.07       Error          031-2605
16645           Carpenter, Steve            2004       8.52       Error          041-2637
16644           Carpenter, Steve            2005       7.14       Error          051-2676
                               Total                  22.73

       Waste Water Treatment Budget Amendment: To allocate funding to cover increased fuel cost.
                                          AMENDMENT
                             Anson County Budget Ordinance FY 2005/06
       BE IT ORDAINED by the Anson County Board of Commissioners that the FY 2005/06 Budget
Ordinance be amended as follows:
       Section 17. WWTP Fund Expenditures
               Decrease: Administration                                  $ (5,615)
               Increase: Operations & Maintenance                        $ 5,616
                        Net Total                                          -
                     th
       Adopted this 7 day of February, 2006.

       Department of Social Services Budget Amendment – Daycare & Crisis Intervention:
Receive funds for Daycare & Crisis Intervention Program from the Division of Social Services.
                                              AMENDMENT
                              Anson County Budget Ordinance FY 2005/06
       BE IT ORDAINED by the Anson County Board of Commissioners that the FY 2005/06 Budget
Ordinance be amended as follows:
       Section 1. General Fund Expenditures:
                Increase:       11-5310-5580                                    $ 95,599
                Total Increase:                                                 $ 96,599
       Section 2. General Fund Revenues:
                Increase:       11-5310                                         $ 96,599
                Total Increase:                                                 $ 96,599
                       th
       Adopted this 7 day of February, 2005.

       Water Fund Budget Amendment: To receive restitution from the Clerk of Superior Court.
                                            AMENDMENT
                             Anson County Budget Ordinance FY 2005/06
       BE IT ORDAINED by the Anson County Board of Commissioners that the FY 2005/06 Budget
Ordinance be amended as follows:
       Section 15. WATER Fund Expenditures:
               Increase:       Administration                             $ 21,000
               Total Increase:                                            $ 21,000
       Section 16. WATER Fund Revenues:
               Increase:       Other Miscellaneous Revenue                $ 21,000
               Total Increase:                                            $ 21,000
                      th
       Adopted this 7 day of February, 2006.

        Health Department Budget Amendment: Appropriate general fund grant revenues from the
State Division of Public Heath.
                                               AMENDMENT
                                  Anson County Budget Ordinance FY 2005/06
        BE IT ORDAINED by the Anson County Board of Commissioners that the FY 2005/06 Budget
Ordinance be amended as follows:
        Section 1. General Fund Expenditures:
                 Increase:       11-5110-5182                              $ 1,325
                 Total Increase:                                           $ 1,325
       Section 2. General fund Revenues:
               Increase:       11-5100                                         $ 1,325
               Total Increase:                                                 $ 1,325
                      th
       Adopted this 7 day of February, 2006

        EMS Budget Amendment: To recognize, receive and appropriate loan proceeds from a loan
closure for FY 05/06.
                                           AMENDMENT
                              Anson County Budget Ordinance FY 2005/06
        BE IT ORDAINED by the Anson County Board of Commissioners that the FY 205/06 Budget
Ordinance be amended as follows:
        Section 1. General Fund Expenditures:
                Increase:       11-4368                                   $ 20,893
                Total Increase                                            $ 20,893
        Section 2. General Fund Revenues:
                Increase:       11-4368                                   $ 20,893
                Total Increase:                                           $ 20,893
                       th
        Adopted this 7 day of February, 2006.

        Department of Social Services Budget Amendment – Medicaid Transportation: To
recognize, receive and appropriate general fund revenue for the Medicaid Transportation reimbursement.
                                             AMENDMENT
                              Anson County Budget Ordinance FY 2005/06
        BE IT ORDAINED by the Anson County Board of Commissioners that the FY 2005/06 Budget
Ordinance be amended as follows:
        Section 1. General Fund Expenditures:
                Increase:       11-53-10-5580                                  $189,948
                Total Increase:                                                $189,948
        Section 2. General Fund Revenues:
                Increase:       11-53-10-3234                                  $189,948
                Total Increase:                                                $189,948
                       th
        Adopted this 7 day of February, 2006.

         Utility Department: Water Design Manual – Water Policies, Procedures, Standards and
Specifications: Anson County Water Department is attempting to streamline and simplify the permitting
phase of water line construction. In order to accomplish this, they must adopt a State approved water
design manual. This manual must include water policies, procedures, standards and specifications.
Upon approval by the Anson County Board of Commissioners the manual will be sent to Raleigh for State
approval. After State approval, the manual will come back to the Board of Commissioners to be adopted
as a County Ordinance. (A copy of said Manual is on file in the Clerk’s office and by reference made a
part of these minutes.)

        Airport Project Ordinance Budget Amendment: Appropriation for adjustments to reflect actual
expenses and grant budget.
                                            AMENDMENT
                               Anson County Airport Project Ordinance
        BE IT ORDAINED by the Anson County Board of Commissioners that the Anson County Airport
Project Ordinance be amended as follows;
        Section 2. Expenditures:
                Increase:      Construction – 36237.9.4.1                 $ 3,145
                Decrease:      Land Acquisition – 36237.9.4.1             $ (6,699)
                Increase:      Capital Outlay – Fuel Tanks                $ 3,554
                Net Total                                                 $ -
                      th
        Adopted this 7 day of February, 2006.

       Budget Expense Report and Fund Balance Update: Received as information as presented.
      Administrative Matters:
      The Crossings: Chairman Woodburn shared that the Board is being asked to
replace the existing letter of credit with Grand Haven Bank for McKeough Land
Company, Inc. at the Crossing Subdivision with a new updated letter of credit.
Chairman Woodburn outlined the background/justification as follows:
          Existing letter of credit includes work that has been completed.
          New (replacement) letter of credit is based on the cost estimate ($434,636) to complete the
project plus 25%.
          Total letter of credit equals $543,296
          Based on the current cost estimate and a discount factor of 6.5% the present value of a $543,296
letter of credit would afford the county approximately five (5) years to complete the work if McKeough
were to default.
Commissioner Sims asked the County Attorney to address the likelihood of any county
funds ever being spent for this project. Commissioner Sims was of the opinion the
county did not want to get in to land development but at the same time felt we wanted to
promote future development in Anson County. County Attorney Bower explained that
Planning and Zoning had looked at the Subdivision Ordnance and calculated what the
proper bond or letter of credit would be to cover the cost. County Attorney Bower stated
that the letter of credit was our guarantee that the work would be completed. Ms.
Benton voiced a concern for releasing the money in this day and time when we never
know what might happen. Ms. Benton stated that they included the amount to complete
the project plus 1.25 and added the $30,000, which was the remainder of doing the
circle in phase one. Commissioner Jones asked the amount of the old letter of credit
with County Manager Lucas thinking it was $862,000. Commissioner Jones
commented that in effect the Board would be approving a new letter of credit that
reduces it three hundred and something thousand dollars by virtue of the fact that they
have done some of the paving and paid for it already. County Manager Lucas
explained that they have done the majority of Phase One work and are coming back.
Ms. Benton stated that they have the road prep ready for paving. Mr. John Sikes,
Chairman of the Planning Board was in attendance and offered that the $800,000 was
Phase Two. Mr. Sikes shared that Phase One was complete except for the $30,000
and they came back and required $800,000 on the second phase. Mr. Sikes shared
that McCollum is finishing up the grading. Mr. Sikes voiced a concern that the acre of
land promised from the beginning for the fire and sheriff’s department has not been
donated. Mr. Sikes also shared that McKeough promised restrooms for the community
building and voiced a concern that the restrooms have not been provided.
Commissioner Lear asked for a summary of what would happen should this company
default, voicing that they have spent a lot of money and done a lot of work. County
Manager Lucas stated that we would cash in on the letter of credit, which would be the
$543,000, giving us that amount to complete the project. County Manager Lucas stated
that the $543,000 is 125% above the cost estimate and we would have five years to
complete the project. Commissioner Lear asked how we would get the $543,000.
County Manager Lucas explained McKeough has said they will do the work and if we
don’t, the county gets the $543,000 to complete the project. Commissioner Sims
likened this to having your father sign your note when you were young and wanted to
purchase something. Commissioner Streater asked why we didn’t have this available at
White Store with Ms. Benton answering we did. Commissioner Streater asked why we
didn’t cash in on the letter with Mr. Sikes stating that the county released the money.
Commissioner Streater asked under what direction was the money released with Ms.
Benton stating that the zoning officer and the previous County Manager released the
funds. Ms. Benton stated that $30,000 was held back to complete the project and so
much time has lapsed that $30,000 is not enough to complete the paving.
Commissioner Streater asked who would fix it now with Ms. Benton sharing that she
and the County Attorney have been trying to find the answer. Ms. Benton explained
that someone is trying to purchase all the lots and put it back in farmland. Ms. Benton
stated that until we know who will own all the lots and a decision is made as to whether
or not the development will be completed it is still a question that could end up in court.
Commissioner Jones feels that the Board is gratuitously agreeing to reduce their
protection and wondered if this was premature in that Mr. Sikes has indicated a couple
of things they failed to do and wondered if the matter could be carried over to the next
meeting pending approval of them complying with the agreement. Mr. Sikes shared that
we have until tomorrow to claim the money. Vice Chair Sikes asked for the
recommendation of the planning board. Mr. Sikes asked for the new date on the letter
of credit with County Manager Lucas noting that was not provided but the Board could
put a date on there. Mr. Sikes feels that since the weather played a factor in not
completing the project one extension is fair and it shows that the county is willing to be a
little flexible. Commissioner Jones voiced that according to Mr. Sikes the Board has no
choice in that if they don’t ratify this and apply for the letter of credit we will have no
protection as of tomorrow. Mr. Sikes stated that the Board could ask for an extension
on the $800,000. County Manager Lucas shared that in December he wrote them a
letter asking them to settle this so it could be presented to the Board in January but they
waited until now. Commissioner Sims feels that upon approving the request a letter
should be sent reminding them that they need to help us with the things they promised
to do. Motion by Commissioner Jones, seconded by Commissioner Lear, that we
approve the replacement of the existing letter of credit with Grand Haven Bank for
McKeough Land Company, Inc at the Crossings Subdivision with a new updated letter
of credit in the amount of $543,296 to expire June 30, 2006. Commissioner Sims again
asked that the County Manager send a friendly reminder of the things they promised
and tell them that we are trying to work with them the best we can and would they
please move forward on the things they promised. Chairman Woodburn also felt the
letter should ask them to be more timely in supplying the information and doing what
needs to be done. Motion carried unanimously.

        EMD Training for 911 Staff: Chairman Woodburn stated the request was to use
approximately $9,000 of fund balance from the 911 Wireless fund to train and certify all
911 Telecommunicators as Emergency Medical Dispatchers (EMD). Chairman
Woodburn noted the justification is that this will enhance the level of emergency
response service for Anson County residents and it will approve the continuity of care
for all First Responders, EMT’s and Paramedics. Chairman Woodburn noted that there
are sufficient funds in 911 to train and certify all of the Telecommunicators. Chairman
Woodburn voiced that the cost of part-time and overtime salaries which was
approximately $2,000, would not be covered by the 911 fund and would have to be
appropriated from the General Fund. Commissioner Streater asked how much would
this certification change the salaries in this department. County Manager Lucas shared
that this was a personnel issue for closed session. Board members agreed by
consensus to hear this issue after closed session.

       Annual Financial Audit Contract: Commissioner Sims voiced that based on
the justification that the price is cheaper and they seem to be very competent, he
offered a motion to approve. Commissioner Jones questioned why the price was
cheaper with County Manager Lucas offering that he feels that due to the fact that they
use county staff and county records they were able to reduce their cost and were
passing it along to us. Commissioner Streater offered a second to the motion.
Commissioner Streater asked if this was in line with most counties our size with
Commissioner Jones answering it was. Motion carried unanimously.

       Appointments:
       Centralina Economic Development Commission: Chairman Woodburn stated
that he talked with Dana Maness and he indicated he would be interested and had
requested additional information. Chairman Woodburn stated that he has not heard that
he would not serve and would verify that. Motion by Commissioner Jones, seconded by
Commissioner Streater, that we appoint Mr. Maness to this job as alternate subject to
his agreement. Motion carried unanimously.

        Commissioner Concerns:
        Commissioner Lear voiced that he attended the FERC meeting January 18 and
was concerned that our requests have still not been heard. Commissioner Lear shared
that comments on the new plan were due February 15. Commissioner Lear voiced that
he will be unable to attend the next meeting, which is scheduled for February 16 and
asked Mr. Gullette if he would attend. Commissioner Lear announced that on March 14
there is a significant disagreement meeting and asked Mr. Gullette if this was public or
just among the group. Mr. Gullette was unsure at this point but stated that once the
application is turned in it becomes a public document. Mr. Gullette shared that the
public input process would not be Progress Energy driven but rather a FERC process.
Mr. Gullette feels that dialogue is still continuing. Commissioner Lear stated that he
plans to attend the March 14 meeting as he has significant disagreements with what
they have proposed. Mr. Gullette shared that Progress Energy is saying that the draft
license will be the standard of what they are going to do to operate the dam for the next
fifty years. Mr. Gullette feels that FERC is the ultimate body. Commissioner Jones
voiced that at the recent meeting they agreed to draft a mechanism as to how anyone
along the river could come back to Progress Energy for access to the river.
Commissioner Jones feels that by getting them to say improvements they are
conceding that there is room for improvement. Commissioner Jones voiced that
Progress Energy shared up front that they are not in the recreation business and felt
this might be a headline to listen to. Commissioner Jones made reference to an article
in Saturday’s Charlotte Observer telling how Duke Power in their relicensing went up
and down the Catawba River listing all the goodies they were giving the people.
Commissioner Jones asked Mr. Gullette to make sure copies of the article were
distributed. Commissioner Lear voiced that after reading the article he feels Anson
County has not been asking for enough and we should ask for more. Commissioner
Lear shared with them that we really want another public access point on the river,
further toward the northern point. Commissioner Lear shared that their response was
that we have one there and wanted to know why we needed another. Mr. Gullette
stated that in the meeting he learned that Progress Energy has a policy that tomorrow
someone could call them up and say they need access to the lake across their property
and they could grant the request. Mr. Gullette stated that he’s been under the
assumption that access has been locked down. Mr. Gullette feels we need to nail them
down to something in writing that says we have a mechanism for serious talk about
future access. Commissioner Lear feels that this Board is thinking that Progress Energy
has not been amenable before and if they are not amenable to doing it now when they
need help in relicensing how amenable will they be to do it afterwards. Commissioner
Jones felt the answer was not very. Commissioner Sims felt it was wise for
Commissioner Jones to contact Mr. Condor and ask if there was anyway to expand the
battle and bring in more powerful players. Mr. Gullette feels the process is to attend the
once a month meeting where negotiations are confidential since this is not a public
document as of yet. Mr. Gullette feels the firepower should come after the draft
application is submitted to FERC. Commissioner Jones suggested that Commissioner
Lear come up with a wish list with Commissioner Lear feeling that had been done.
Commissioner Jones asked if we had ever said we want another access with
Commissioner Lear answering that we have asked. Mr. Gullette felt that improvements
to Mountain Creek and Blewett Falls were a result of the letter. Commissioner Lear
asked Board members if they wanted more public access on the lake with
Commissioner Jones feeling we need as much as we can get. Commissioner Lear
asked if Board members wanted it on the northern end of the lake with Commissioner
Sims feeling this was crucial to development on that end of the county. Commissioner
Lear then asked about private access with Board members answering yes. Mr. Gullette
shared that he was told that FERC was beginning to shy away from private access.
Commissioner Jones feels we would do well to just call it increased improved access.
Commissioner Lear was of the opinion that in our last letter we did ask for private
access for so many thousand feet. Mr. Gullette said that we did and in the meeting they
seemed to say ok to calling it access and not specifically public or private.
Commissioner Jones shared that in the meeting he noted that they just called it access
and did not say public or private and they said it was a mistake and wished they had
said just public. Commissioner Lear favored asking for private access and communal
slips or dock slips every 250 feet. Mr. Gullette explained that they will be lowering the
lake a lot more due to drought conditions in South Carolina. Mr. Gullette stated that
when you drop five feet at Blewett you start seeing six foot tall trees sticking out of the
water and feels there will be other mitigating factors defining access. Commissioner
Lear asked that since comments are due by February 15 on the Trial Balloon, if the
Board would authorize Mr. Gullette to draft comments voicing our displeasure with the
present plan due to the lack of access to the river. Commissioner Jones feels we
should ask for more public access and some private and say that in writing.
Commissioner Jones feels it is important to ask because once it gets on the FERC
level, we don’t want them to say they are not going to give us something we didn’t ask
for. Commissioner Lear feels we need to document that we’ve been interested in this
all along. Commissioner Jones was of the opinion we should consider a registered
letter. Mr. Gullette cautioned that things are supposed to happen within the group and
feels that for purposes of discussion the letter should be addressed to the group. Board
members also agreed to send a registered letter outside the group. Board members
agreed by consensus to authorize the County Manager and the Economic Development
Director to compose two letters, sending a copy to Board members for review and once
approved sending to the appropriate areas. County Manager Lucas asked Board
members to respond quickly to the draft letters in order to meet the February 15 th
deadline. Chairman Woodburn thanked Commissioner Lear for the update and thanked
Commissioner Jones, Commissioner Lear, County Manager and Mr. Gullette and
anyone else involved in the process now that Anson County is being heard in this
important matter.

        Commissioner Sims shared that he was not trying to frighten anyone but he
keeps hearing that there is carcinogen material in the water in the Peachland area and
the Marshville area. Commissioner Sims voiced that this is potentially hazardous to
those with a weak immune system or the very elderly and that the levels of materials
are high in the Marshville area. Commissioner Sims asked if this was happening there,
was it happening in other areas and if so, what is the problem, where have we tested
and what have been the results. Commissioner Sims then asked how and how soon
could we solve the problem. Vance Gulledge, Utilities Administrator, answered that
trihalomethanes (THM) are a disinfectant byproduct of chlorine. Mr. Gulledge stated
that Haloacetic Acids (HAA5) are another and are in the City of Charlotte’s water. Mr.
Gulledge shared that since we treat with chlorine they have always been in the system
as there is no way to get rid of them completely without getting rid of chlorine. Mr.
Gulledge shared that we are considering including in our system ammonia that will
increase our chemical cost approximately three to four cents per thousand.
Commissioner Sims voiced that no one would be concerned about that if it would keep
them from getting cancer. Mr. Gulledge shared that he could not guarantee that would
keep anyone from getting cancer. Mr. Gulledge shared that ammonia stops the
formation of trihalomethanes and haloacetic acids. Mr. Gulledge stated that leaves on
trees fall every fall and they end up in the river or the water shed. Mr. Gulledge shared
that the organic compounds add hydrocarbons to the water system and when you hit
the water with chlorine, it creates about five different chemicals. Mr. Gulledge explained
that the mountain streams have very little of this and in fact, maybe 25 parts per million
but when you get to the coast you find three to five hundred parts per million after its
treated with chlorine. Mr. Gulledge shared that over the last 25 to 30 years the EPA has
said some amount of this will hurt, reminding Board members that people have been
drinking this since before World War II. Commissioner Sims voiced that he was trying
to find a way to make it better. Commissioner Sims asked if other water systems in the
state that treat with chlorine have these same chemicals with Mr. Gulledge answering
yes to some degree. Mr. Gulledge explained that THM levels in drinking water are
limited to 80 parts per billion and that Anson County water system has maintained an
average THM level for the past year of 43.7 parts per billion. Mr. Gulledge shared that
HAA5’s are limited to 60 parts per billion and that Anson County water system has
maintained an average HAA5 level for the past year of 45.5 parts per billion.
Commissioner Sims asked why Peachland was having problems. Mr. Gulledge shared
that several municipal customers are running non-compliant and each quarter shows
different ones running non-compliant. Mr. Gulledge shared that the Town of Wadesboro
has been non-compliant using their water not that of the county. Commissioner Sims
asked if there was someway to bring this down below 80 or better. Mr. Gulledge stated
that that is one reason why we are switching to ammonia in the next budget year at a
cost of between two and three hundred thousand dollars. Mr. Gulledge stated that
when water leaves the pump station in Lilesville with chlorine in it, we have about 2
parts per million of chlorine and in order to maintain the residual with ammonia we will
have to run about 4 parts per million. Mr. Gulledge shared that this will eliminate
virtually all of the trihalomethanes. Mr. Gulledge stated that ten or twenty years from
now they may discover something that ammonia does. Mr. Gulledge feels that
everyone in the State has drank water with much higher levels than anyone in this
county has encountered lately because we’ve done everything we could to reduce the
amounts. Commissioner Sims asked why we had to wait until budget time to change
over. Mr. Gulledge felt there was no need to change over right now since it was not
changing anything that was a critical health need. Mr. Gulledge noted that the warnings
sent out say it “may” cause, as they don’t know conclusively that it does cause
problems. Commissioner Sims asked how people found out about this with Mr.
Gulledge answering that the Town of Peachland had to send out a letter due to be in
non-compliance. Mr. Gulledge shared that when they do change over to chloramines
which means we are hitting it with ammonia as it goes out, people on dialysis will have
to consult their physicians because water that has been treated with ammonia can
create health problems too. Commissioner Sims asked if he could tell those that ask
that we are in the process of changing over from chlorine to ammonia that will be a
combination of ammonia and some chlorine and this will stop the HAA and reduce some
of the others. Commissioner Sims added that there may be problems with ammonia in
the future that we don’t know about and it may affect some small groups of people but
we will have to wait and see. Mr. Gulledge voiced that bacteria in water kills more
people than trihalomethanes ever have. Commissioner Sims asked if it was possible
that Morven, Ansonville, Lilesville or White Store had the same problem as Peachland
and don’t know it with Mr. Gulledge answering yes because the State changed the
standard from 100 to 80. Commissioner Sims commented that Mr. Gulledge was going
to make him start buying bottled water. Mr. Gulledge shared that most bottled water
was filtered municipal water and added that the carbon filter strips out the fluoride and it
will rot your teeth. Mr. Gulledge shared that water can be disinfected with ultraviolet
light, ozone and chlorine.

       Commissioner Jones asked to give an update on the fitness center.
Commissioner Jones shared that they met today with people from the Charlotte YMCA
and they are focusing on setting up the YMCA as a fitness center. Commissioner Jones
shared that Mr. Tom Duke was the person who came down and he has built every
YMCA in Charlotte that has been built. Commissioner Jones also shared that Mr. Duke
stated that we’ve got to raise money and gave us a check for $5,000 saying that if we
match this we can use it. Commissioner Jones shared that they are following the
process taken by Chesterfield South Carolina. Commissioner Jones stated that the
county is providing the energy and leadership as no county funds will be used for the
center.

       Closed Session: Motion by Commissioner Jones, seconded by Commissioner
Streater, to go into closed session pursuant to North Carolina General Statutes 143-
318.11(a)(6) to consider the qualifications, competence, performance, condition of
appointment of a public officer or employee or prospective public officer or employee
and North Carolina General Statutes 143-318.11(a)(4) to discuss matters relating to the
location or expansion of business in the area served by this body.

      In regular session, motion by Commissioner Jones, seconded by Commissioner
Sims to come out of closed session. Motion carried unanimously.

      Motion by Commissioner Jones to recess until February 17th at 8:00 A.M. to
reconvene for the strategic planning retreat at the Polkton Campus. Chairman
Woodburn noted there were two items to discuss before recessing. Commissioner
Jones withdrew his motion. Chairman Woodburn asked the pleasure of the Board on
the Economic Development grant modification for Triangle Brick. Motion by
Commissioner Jones, seconded by Commissioner Streater, that we modify the prior
Grant Agreement with Triangle Brick to extend it one year. Motion carried unanimously.

        Motion by Commissioner Jones, seconded by Commissioner Sims, to recess
until Friday, February 17 to reconvene at 8:30 A.M. on the Polkton Campus of SPCC.
Motion carried unanimously.

                                                      Respectfully submitted:


                                                      Bonnie M. Huntley, CMC
                                                      Clerk to the Board

Meeting time: 2 hr. 35 min.

				
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