Subjects
    Historic Courthouse

  • French Broad Tower Site

  • PNC Professional Services

  • New County Jail

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Mitchell County Commissioners
Minutes, Regular Session
October 1, 2007

NORTH CAROLINA
MITCHELL COUNTY

The Mitchell County Board of Commissioners met in regular session on October 1, 2007 at 6:00 p.m. in the Commissioner’s Conference Room, Administration Building, Bakersville, NC.  Those present for the meeting were Phil Byrd, Chairman; Lisa Sparks, Vice-Chairman; Mike Hensley, Member; Patrick Phillips, Member; Jim Saylor, Member; Charles Vines, County Manager and Kathy Young, Clerk to the Board.  Also present were Hal Harrison, County Attorney; Mavis Parsley, Finance Officer and Donny Wisor, Reporter with the Mitchell News-Journal.

  1. CALL TO ORDER – Chairman Byrd called the meeting to order at 6:00 p.m.

  2. INVOCATION – Fleet Hensley gave the invocation.

  3. PLEDGE OF ALLEGIANCE – County Manager Vines led the Pledge of Allegiance.

  4. ADDITIONS OR CHANGED TO THE AGENDA – Commissioner Hensley moved to add the Standard Form of Agreement between Owner and Architect and the Standard Form of Architect’s Services as Item 9. H. and to add the Releases/Refunds as Item 9. I.  to the agenda.  Commissioner Sparks seconded the motion and it carried unanimously.

  5. ADOPTION OF AGENDA – Commissioner Sparks moved to adopt the agenda.  Commissioner Phillips seconded the motion and it carried unanimously.

  6. CHAIRMAN’S COMMENTS - None

  7. ITEMS FOR DISCUSSION

    1. Mitchell County Historic Courthouse Foundation Lease Agreement

      Commissioner Hensley moved to approve the Mitchell County Historic Courthouse Foundation Lease Agreement (a copy is hereby attached and becomes a part of the minutes).  Commissioner Sparks seconded the motion and it carried unanimously.

  8. PUBLIC COMMENTS

    Don Baucom - stated he appreciated the opportunity to be here and brought greetings from Mayland Community College Board of Trustees being the representative deemed with the Historic Courthouse.  He shared that they had asked him to come before the Board tonight to ask or to inform them that we as a court or institution desire with most of our ability to be able to support this Historic Courthouse situation with the utilization thereof; in the classroom and lower area; and other kinds of things that have already been discussed here with Dr. Barron.  He stated with as much as they possibly can, they won’t be able to do that; however, we have said a lot about learning center cost, in other words the use of the Historic Courthouse with the satellite learning system is far outside the ability of the Mayland Community College budget system to absorb at this point and time.  He stated they had no doubts that they would gain use of it an also people in this end of the county will particularly be able to get good use of the facilities of Mayland by being able to get classes and things closer to them than we had before.  He then stated the Board of Trustees wanted him to ask the Board of Commissioners to consider supporting the cost of this institution, upgrade in other words, furniture, utilities and the initial setup basically, in order to name us so we can get started with the contract for the Historic Courthouse Society right away.  Mr. Baucom continued by asking the Board as a Commission to pass a resolution accepting responsibility for funding these costs for furniture, utilities and initial setup of the learning center at this point and time.  He stated they also wanted him to point out to the Board that the learning centers in the other two counties have been supported in this manner by those counties whom they say have helped them.  He stated they were not asking for anything such as the courthouse, which is already paid for, and renovations, that’s not in the policy, it’s strictly what’s needed for the learning center.  He then asked the Board to setup a resolution excepting responsibility for these costs so there will be funds available.  He stated he knew the county’s budget was short, but he understands and hopes there will be money coming back from the state as far as the social security or whatever fund (stating the Board knew which fund) that they have taken over, that you will be able to devote some of those funds to the upkeep of this facility or the Mayland Community College of Trustees.

    Chairman Byrd thanked Mr. Baucom and stated this is something we had all worked for and wanted to see.  He asked the Board if it would please them to put this on the agenda for the next meeting.

    Commissioner Sparks asked Mr. Baucom for some numbers, but stated she knew he may not have any at this current time.

    Mr. Baucom stated he did not have pacific figures at this time.  He stated in reference to Dr. Barron, that there was no way at this time to object the cost of electricity for the Mayland Department and we won’t be paying for all of it.  He stated it would only be a proportionate share that the courthouse commission designates as fair for Mayland Community College’s payment.  He stated they were not talking about the overall maintenance of the building and he was sure Dr. Barron had already shared that fund raising activities would be going on that will be sufficient to support the facility entirely.  He then stated they thought it only fair and honest to have the Board as a voice to support those of Mayland.

    Commissioner Saylor shared with Mr. Baucom that he understood him to say earlier, as funds were available.

    Mr. Baucom stated he had specifically put that at the end of the resolution.

    He stated again that he wanted the Board to accept the responsibility of funding these costs, the utilities and initial setup and everything, as you have funds available for.  He proceeded by stating he understood the constraints that the Board has, but they wanted to be able to know that when they make a commitment to the Courthouse Committee.  He stated they needed to hear something from the Board in the form of a motion, a resolution or something so their Board could take actions to proceed with setting up the learning center.

    Chairman Board stated if it pleased the Board they would give the County Manager specific note of what they were looking at and get back on this at the next meeting.

    Commissioner Sparks then stated she was definitely for anything to help the citizens when it came to education and stated we do need a learning center right here in Mitchell County.  She stated that people she had talked with around Tipton Hill were driving 55 miles round trip just to go to school every night and stated again we needed this and she definitely supported it.

    Mr. Baucom thanked Commissioner Sparks for the statement of support, but he was appointed by the Board to report to the Board of Trustees as they appointed him as a volunteer to serve on the commission for the courthouse of Mitchell and then stated we have got to tie all of this together.  He stated that we at Mayland and the Board of Trustees couldn’t act again without some assurances that the job will be done and no one on our end to cover the costs. He stated that the needs of a lot of the people on this end of the county are so great that we n

    eed to have the commission to state today that they will support this.


  9. CONSENT AGENDA – Commissioner Sparks moved to approve items A, B, C, F, G, I of the consent agenda (a copy of each of the approved items is hereby attached and becomes a part of the minutes).  Commissioner Hensley seconded the motion and it carried unanimously.

    1. French Broad Electric Tower Site Lease – Discussion was held concerning the French Broad Electric Tower Site Lease.  Commissioner Sparks suggested $400 per month with $100 to be used for the maintenance of the road and for it to be a yearly lease.  By consensus the Board agreed for this to be placed on the next meeting agenda.

    2. Professional Services Agreement with PNC – Discussion was held concerning the Agreement with PNC.  Commissioner Saylor questioned the termination clause and what exactly PNC would be doing.  By consensus the Board agreed for this to be placed on the next meeting agenda.

    3. Standard Form of Agreement between Owner and Architect and the Standard Form of Architect’s Services – Commissioner Saylor stated he voted against borrowing the money to build the jail and wanted to voice his opposition to the agreement.

      Commissioner Sparks moved to approve the Standard Form of Agreement between Owner and Architect and the Standard Form of Architect’s Services (a copy is hereby attached and becomes a part of the minutes).  Commissioner Phillips seconded the motion and it carried 3 to 2.  Commissioners Hensley and Saylor opposed the motion.

  10. COUNTY MANAGER’S REPORT

  11. BOARD COMMENTS

  12. ADJOURNMENT – Commissioner Sparks moved to adjourn the meeting. Commissioner Phillips seconded the motion and it carried unanimously.

    The meeting adjourned at 6:30 p.m.

MITCHELL COUNTY BOARD OF COMMISSIONERS

Phil Byrd, Chairman

Lisa Sparks, Vice-Chairman

Mike Hensley, Member

Patrick Phillips, Member

Jim Saylor, Member

ATTEST:

Kathy Young, Clerk to the Board