POLK COUNTY



POLK COUNTY

BOARD OF COMMISSIONERS’

PUBLIC HEARING & REGULAR MEETING

April 20, 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, staff, media and citizens.

1. Call to Order of the Public Hearing Concerning Accessory Dwelling Units; Providing a Definition; Amending the Polk County Zoning Ordinance to Authorize Accessory Dwelling Units in Zoning Districts – Chair Pack called the public hearing to order. The purpose of the public hearing is to receive public comment on a proposed ordinance change concerning accessory dwelling units; providing a definition; amending the Polk County Zoning Ordinance to authorize accessory dwelling units in zoning districts. The public hearing was advertised in the Tryon Daily Bulletin. Cathy Ruth, Planner, said residents in the RE-5 and AR-5 zoning districts did not wish to have accessory dwelling units allowed in their districts. The information was included in the agenda packet under Agenda Item #12.

2. Citizen Comments – Phillip Burrus, Hunting County Association President, said the Hunting County Association Board recently voted to be removed from the amendment to the Polk County Zoning Ordinance authorizing accessory dwelling units in the RE-5 zoning district. Tamara Goodwin Reeves asked that the MU zoning district also be removed from the amendment.

3. Commissioner Comments – There were none.

4. Adjournment – Vice-Chair Holbert moved to adjourn the public hearing, seconded by Commissioner Gage and the motion carried unanimously.

5. Call to Order of the Regular Meeting – Chair Pack called the regular meeting to order.

6. Invocation – Former Commissioner Ted Owens gave the invocation.

7. Pledge of Allegiance – Vice-Chair Holbert led the pledge.

8. Approval of Minutes – Vice-Chair Holbert moved to approve the March 16, 2015, public hearing and regular meeting minutes, and the April 7, 2015, special meeting minutes, seconded by Commissioner Gage and the motion carried unanimously.

9. Approval of Agenda – Vice-Chair Holbert moved to approve the agenda, seconded by Commissioner Gage and the motion carried unanimously.

10. Citizen Comments – Kathy Nebel, Cynthia Milligan, Faith Jorgenson, Dave Maxwell, Libbie Johnson, Ivey Sumrell, Dot Moyer, Amy Barrington, Lisa Huston, Cheryl Every spoke in opposition of the proposed partial paving of River Rd.; Judith Kearns, President of FETA, and Philip Burrus, Hunting County President, said their respective organizations’ positions are neutral regarding the proposed partial paving of River Rd. Ronnie Smith, Polk County Sheriff’s Deputy, discussed problems he has experienced with the county health insurance. Leslie Turnage and Charlie Magee expressed concern about trees being cut down on the grounds of the privately owned Jervey Palmer Building located in Tryon Township. Renée McDermott said it was never the intent of the Polk County 20/20 Vision Plan to provide taxpayer financed waterlines to all churches.

11. Proposed Partial Paving of River Rd. – Vice-Chair Holbert asked that this item be placed on the agenda to consider approval of a North Carolina Department of Transportation (NCDOT) proposal to pave a portion of River Rd. between Morgan Chapel Rd. and Golden Rd. Vice-Chair Holbert read a resolution Endorsing the Paving of a Partial Portion of River Road, a copy of which is hereby incorporated by reference into these minutes, and moved for its approval. Commissioner Gage asked that the resolution be amended to include a three-way-stop intersection at the intersecting points of Golden Rd. and River Rd.

Steve Cannon, NCDOT Division Engineer, said the NCDOT had been contacted by citizens in the River Rd. area who were concerned about the condition of the gravel road, and who requested that a partial portion of the road be paved. Mr. Cannon stated that all the unpaved roads currently in the NCDOT system are unpaved because the NCDOT does not have a right of way from the property owners. The section of River Rd. at issue, however, is unique in that the NCDOT does have a right of way that was tied to the Morgan Chapel Rd. bridge project; the right of way extends from Golden Rd. to the bridge. The actual road paving will be 18’ wide, which will leave a wide outside shoulder to accommodate horse traffic. Mr. Cannon said the NCDOT is not looking at paving any other sections of River Rd., or any other roads in the area. The NCDOT is not actively pursuing paving roads with no right of way, and would not consider paving any other sections without a petition from the property owners asking for the road to be paved.

Vice-Chair Holbert agreed to amend his original motion to include the following addition to the resolution: “WHEREAS, the Polk County Board of Commissioners wants to ensure that the health, safety, and welfare of the citizens of Polk County is protected by creating a three-way-stop intersection at the intersecting points of Golden Rd. and River Rd.”, and the motion was seconded by Commissioner Gage. Commissioner Gasperson asked that the amended motion be further amended to include the following addition to the resolution: “WHEREAS, the Polk County Board of Commissioners also asks that the NCDOT consider the following requests regarding the road paving priority of the roads in The Hunting Country:

1) Remove the following roads from further paving consideration on the NCDOT priority list: South River Rd. Old River Rd., Scrivens Rd. (from Gunning to Hooker), Carriage Row and the connecting portion of River Rd.

2) Erect appropriate road signs indicating blind curves, slow speed limits, and no through truck traffic.

3) Leave South River Rd. a narrow roadway with sharp curves not conducive to large vehicles or speeds above 25 mph.”

Vice-Chair moved to amend his motion to include Commissioner Gasperson’s recommendations for the resolution, seconded by Commissioner Gage and the motion carried 4-1 (Bradley opposed). Commissioner Gasperson said he wanted the current resolution to include some of the original language from the resolution passed in 1997 because he wants to assure residents in the River Rd. area that the Board has no intention to support paving further portions of the road.

12. Accessory Dwelling Units; Providing a Definition; Amending the Polk County Zoning Ordinance to Authorize Accessory Dwelling Units in Zoning Districts – Ms. Ruth told the Board that the RE-5 and AR-5 zoning districts did not want to be included in the amendment to the zoning ordinance regarding the authorization of accessory dwelling units. Commissioner Gasperson asked Ms. Ruth if the current recommended amendment would allow a house, a guest house, and an accessory house on a one acre minimum lot, if all the Health Department requirements were met, and Ms. Ruth confirmed that this was the case. Commissioner Gasperson recommended that a larger lot size be required if the property does not have public water and sewer, and Ms. Ruth said this requirement is already part of the zoning ordinance.

Commissioner Gage moved that the Board of Commissioners find that the proposed ordinance, “An Ordinance Concerning Accessory Dwelling Units; Providing a Definition; Amending the Polk County Zoning Ordinance to Authorize Accessory Dwelling Units in the Multiple Use Zoning Districts” (all other zoning districts excluded) is consistent with the 20/20 Vision Plan as stated in the whereas clauses of the proposed ordinance; he further moved that the Board find the proposed Amendment is both reasonable and in the public interest of furthering the goals of the County’s 20/20 Vision Plan by considering the provision of affordable housing to be a high residential priority; and he further moved to adopt the ordinance effective this day, April 20, 2015, seconded by Vice-Chair Holbert. Commissioner Gasperson asked that the motion be amended to read “either or a guest house or accessory building” on a one acre lot, but Commissioner Gage said he wanted to follow the Planning Board’s recommendation, and the Commissioner Gasperson’s amendment was not considered for inclusion. With a motion and a second on the floor, the motion carried unanimously.

13. March 2015 Refund Request – Melissa Bowlin, Tax Administrator, presented the request. Vice-Chair Holbert moved to approve the March 2015 refund request in the amount of $1,734.26, seconded by Commissioner Gage and the motion carried unanimously.

14. Request for Release of Vehicle Taxes for Deceased Taxpayers – Ms. Bowlin presented the request. Vice-Chair Holbert moved to approve the release of vehicle taxes for deceased taxpayers in the amount of $8,705.82, seconded by Commissioner Bradley and the motion carried unanimously.

15. City of Saluda Tax Collection Agreement – Ms. Bowlin presented the agreement, which the City of Saluda approached the county with for consideration. Vice-Chair Holbert moved to approve the tax collection agreement with the City of Saluda, seconded by Commissioner Bradley and the motion carried unanimously.

16. Revised Mental Health Advisory Board (MHAB) Bylaws – Aaron Green, MHAB member, was present to answer questions. Commissioner Gasperson moved to approve the revised MHAB bylaws, seconded by Commissioner Gage and the motion carried unanimously.

17. Economic Development 1st Quarter 2015 Report – Robert Williamson, Economic Development Director, presented the report, a copy of which is hereby incorporated by reference into these minutes.

18. 5th Annual Farm to Fork Dinner – Patrick McLendon, Mill Spring Ag Center Director, reported that the April 11, 2015, event, which was attended by approximately 265, was a great success and raised over $5,000 for the Ag Center.

19. Polk County Community Foundation (PCCF) Beekeeping Education Grant Award – Alex Rike, Agricultural Economic Development AmeriCorps Outreach Coordinator, presented the grant award information. On March 25, 2015, the PCCF awarded the Agricultural Economic Development Department an Unrestricted Grant Fund grant, which requires no matching funds from the county, in the amount of $3,800, to support local beekeeping efforts.

20. Community Child Fatality Prevention & Protection Team End of Year Report – Lou Parton, DSS Director, presented the report, a copy of which is hereby incorporated by reference into these minutes.

21. Proposed New Polk County Flag – Former Commissioner Ted Owens said the flag designed by 2014 Polk County Flag Design Contest winner Chris Morris (Polk County High School student) was tweaked by adding the courthouse. Mr. Robert Williamson gave a PowerPoint presentation on flag design, a copy of which is hereby incorporated by reference into these minutes. Mr. Williamson presented the prototype of the proposed new Polk County flag. It was the consensus of the Board that the public be given a 30-day opportunity to view and submit comments on the proposed flag design. It was further the consensus of the Board that Commissioner Gage research the possibility of installing flag poles on the front of the Womack Building.

22. Application for Release of Lottery Funds to the Board of Education – Commissioner Gage moved to approve an application requesting the release of $95,705 in State lottery funds to pay the QZAB payment for Tryon Elementary, seconded by Commissioner Bradley and the motion carried unanimously.

23. Resolution Requesting Restoration of Lottery Funds Designated to Polk County for School Capital Needs – Vice-Chair Holbert moved to approve a resolution regarding the restoration of State lottery funds, seconded by Commissioner Gage and the motion carried unanimously.

24. Jail Kitchen Range Replacement – County Manager Pittman reported that the Sheriff’s Department is requesting a new kitchen range at the jail to replace the existing range, which is malfunctioning. Commissioner Gage moved to approve the purchase of a new kitchen range for the jail, seconded by Vice-Chair Holbert and the motion carried unanimously.

25. Dixon Hughes Goodman FY 2015 Audit Contract – Sandra Hughes, Finance Director, presented the contract. This is the fourth consecutive year the county has used Dixon Hughes Goodman for its annual audit; the audit contract will go out for bid again next year. Commissioner Gage moved to approve the audit contract in the amount of $53,600, seconded by Commissioner Gasperson and the motion carried unanimously.

26. Budget Amendments – Ms. Hughes presented the budget amendments. Commissioner Gage moved to approve BA #14, EMS, Addition, $15,000 – To increase revenues and expenditures for additional revenues generated due to TEP event ambulance coverage (2 of 2), seconded by Vice-Chair Holbert and the motion carried unanimously. Vice-Chair Holbert moved to approve BA #68, Jail, $6,678 – Replace commercial range that no longer works for the jail, seconded by Commissioner Bradley and the motion carried unanimously.

27. Manager’s Report – 1) As of today, 116 children have signed up for the Recreation Department’s baseball & softball programs. 2) The Polk County Board of Education has given its permission for the Handmade America/Discover Columbus art sculpture Cole Lumbus to be placed at Stearns Park.

28. Work Sessions for the Proposed Draft Water Agreement with Inman-Campobello Water District (ICWD) – Chair Pack asked that this item be placed on the agenda to discuss scheduling three work sessions on the proposed agreement. It was the consensus of the Board to schedule the first work session for 6:00 A.M. on May 21, 2015, and the second one for 5:00 P.M. on June 15, 2015. The first work session will be for the Commissioners and ICWD representatives to discuss the proposed agreement, and will not include a public comment period. The second and third work sessions will allow for public comment.

29. Procedure for Additions to the Agenda – Commissioner Gasperson, who asked that this item be placed on the agenda for discussion, requested that the Board include the following requirements in its Agenda Items Procedure adopted on December 3, 2012: “An item should not be added later unless it is considered an emergency or time sensitive by the Chair or the County Manager.”, and; “Any item placed on the agenda for open session must be accompanied by a description of the topic sufficient to put staff, Commissioners and the public on notice regarding what will be discussed. If that description is not provided, the item shall not be included on the agenda.” Commissioner Gasperson did not receive Board support on this issue.

30. Volunteer Boards for Vote – Sharon Capps was appointed to the Adult Care/Nursing Home Advisory Board by unanimous vote; Alan Breeden was appointed to the Council on Aging by unanimous vote; William Ennis was appointed to the Planning Board by a 4-1 vote (Gasperson voted for David Smith); Chauncey Barber, Marshall McGuinn and Bruce Odel were appointed to the Sunny View Fire District Tax Commission by unanimous vote.

31. Volunteer Boards For Review – Applications for the following boards were reviewed: Agricultural Advisory Board – 4 applications, 4 vacancies; Economic & Tourism Development Commission – 4 applications, 2 vacancies; Library Board of Trustees – 2 applications, 2 vacancies.

32. Commissioner Comments – Commissioner Gasperson asked for a definitive determination from County Attorney Berg as to whether there is or is not any liability concern for the County regarding ICWD not having its utility contractors’ license in North Carolina. Commissioners thanked everyone for coming out.

33. Closed Session – Vice-Chair Holbert moved to go into closed session for the purposes of attorney-client privilege, G.S. 143-318.11(a)(3), and acquisition of property, G.S. 143-318.11(a)(5), seconded by Commissioner Gage and the motion carried unanimously.

34. Return to Open Session – Vice-Chair Holbert moved to return to open session, seconded by Commissioner Gage and the motion carried unanimously. County Attorney Berg reported that a settlement offer had been negotiated with the construction bond surety company North American Specialty Insurance (NAS) Company regarding the DSS Building wherein (NAS) has agreed to pay Polk County $128,474.84 in full and final settlement in exchange for the county releasing both NAS and Able Constructors on the DSS Human Services Facility Project. Vice-Chair Holbert moved to approve the settlement and to authorize County Manager Pittman to execute the settlement document on behalf of Polk County, seconded by Commissioner Gage and the motion carried unanimously.

County Manager Pittman read the following statement: “The current land acquisition process began in August of 2013 when Altamont Environmental first recommended that the county consider installing new groundwater monitoring wells at the closed construction and demolition debris/municipal solid waste landfill in Mill Spring. Altamont advised that the wells were required in order to provide more reliable groundwater quality results and, since the existing wells are located at the edge of the county’s property line, additional property would need to be purchased. In early 2015, the Board of Commissioners directed me to approach the southern-most contiguous property owner and offer to purchase the required property. Negotiation culminated in property owner Ronnie Garrett accepting an offer of $242,500 for the purchase of an approximately 40 acre parcel of land. Tonight the Board will need to vote to finalize the purchase of property.”

In order to expand the county’s well monitoring system and to provide a buffer surrounding the closed Municipal Solid Waste (MSW) facility owned by the county, Vice-Chair Holbert moved that:

1) The Board accept the offer from Ronnie Garrett to purchase in fee simple absolute that certain real property consisting of approximately 40 acres located adjacent to the closed Municipal Solid Waste facility as indicated on a survey prepared for Polk County dated April 11 – April 20, 2015 for a total price of $242,500.

2) Ronnie Garrett and his son, Jarvis Garrett be granted a license to hunt the property for so long as they maintain a policy of insurance naming the county as an additional named insured providing general liability coverage in the amount of at least $1,000,000.

3) The Board grant the County Manager authority to execute the Offer to Purchase and Sale Contract together with any documentation necessary to close the transaction.

The motion was seconded by Commissioner Gage and carried unanimously.

Vice-Chair Holbert moved to approve BA# 12, as recommended by the Finance Officer, in the amount of $247,000 ($242,500 for the purchase of the property and $4,500 for the land survey) to appropriate general fund balance for a land purchase for the Solid Waste Enterprise Fund, seconded by Commissioner Bradley and the motion carried unanimously.

35. Adjournment – Commissioner Gage moved to adjourn the meeting, seconded by Commissioner Gasperson and the motion carried unanimously.

ATTEST: POLK COUNTY BOARD

OF COMMISSIONERS

__________________________ __________________________

Beth Fehrmann Tom E. Pack

Clerk to the Board Chair

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