County Commission votes 4-1 to accept IBT settlement

The McDowell County Commissioners voted 4-1 Monday to accept the settlement of the interbasin transfer issue. In their action, county officials said they realize the settlement is not the perfect solution to this issue but added that McDowell County cannot fight the IBT on its own.
Last month, county officials said they wanted "hard answers" about what would happen if they don't approve the IBT settlement and just walk away from the matter. In other words, did all of the cities and counties in the Protect the Catawba Coalition have to agree with the settlement? What would happen to McDowell if it did not sign the settlement and just dropped all legal action against the cities of Concord and Kannapolis?
At Monday's regular meeting, County Manager Chuck Abernathy said he got an attorney's opinion stating that there would probably not be a problem if McDowell did not sign the settlement. However, the attorney could not guarantee that Concord and Kannapolis would agree to the settlement if all members of the anti-IBT coalition had not signed off on it.
And if McDowell refused to accept the settlement, then it would be on its own should any further legal action develop. Also, McDowell would not be a part of the future monitoring or enforcement actions.
Earlier this year, the coalition of local governments opposed to the IBT and the Catawba Riverkeeper Foundation Inc. announced they had reached an agreement with the two cities to resolve the controversy. The agreement states that Concord and Kannapolis will get 3 million gallons a day from the Catawba basin through 2015. After that, the two cities must draw 5 million gallons per day from the Yadkin before the amount from the Catawba can be increased.
Under ideal conditions, Concord and Kannapolis can take up to 10 million gallons a day from the Catawba. Drought conditions would lessen the amount to as low as 6 million gallons. The settlement also imposes mandatory conservation regarding both river basins, limits waterline approvals and specifies maximizing the storage of water in existing reservoirs when possible.
As a member of the coalition, McDowell County agreed to spend $20,000 over a three-year period to fight the IBT. The money went to legal fees and efforts to get new legislation passed. The Marion City Council has agreed to accept the settlement.
"We somewhat lost but on the other hand, we somewhat gained," said Commissioner Dean Buff. "The thing I worry about is we can't fight this on our own."
"We don't have the financial ability to take them on ourselves," said Commissioner Michael Lavender. "We've made some gains. It's not perfect."
Commissioner Andy Webb said he's got some deep concerns about the whole matter. He was opposed to the transfer and how it was handled by the state. He said Concord opened a water park not long after the IBT was granted. In addition, the state's Environmental Management Commission, a non-elected body, wields too much power and is not accountable to the public for its decisions.
The commissioners voted 4-1 to accept the settlement and the release consent agreement. Webb voted against the motion. The board will also issue a resolution stating its dissatisfaction over how this was handled.
In other matters, the McDowell County Commissioners:
· Approved a resolution so that county can be reimbursed for the costs from the December snowstorm. The county is applying for more than $42,000 in federal money to reimburse county emergency services and other agencies for the costs from the Dec. 18-19 snowstorm. Emergency Management Director Terry Young said the presidential disaster declaration made McDowell eligible for the money from the Federal Emergency Management Administration.
· Heard the annual report about the McDowell County Public Library from Library Director Jean Krause. Her report showed the diversity of activities and programs at both the Marion and Old Fort branches and the demand on services. "We feel like we had a good year," said Krause, adding she plans to retire in eight weeks. Abernathy said the county is already working to find her replacement.
· Heard an update on the effort to build a county water system. The water intake would be on Lake James and the county would work with Duke Energy in getting this effort started.
· Accepted a grant of $118,000 from the Golden Leaf Foundation that will be used for the planned poultry and rabbit processing plant. Abernathy said the project is almost ready for formal bidding. The U.S. Department of Agriculture is reviewing the contract documents and design.
· Heard an update on the housing coalition, which will seek to help needy and elderly residents with home repairs this spring and summer. The office for the coalition is manned and operating and has taken 15 applications so far. More information about the housing coalition will be announced on the county's government channel and its Web site.
· Approved the addition of Edwards Drive Extension (SR 1814) to the state system of roads.
· Tabled making a decision about the sale of county-owned property on North Cove School Road. Paige Gibson of Marion has offered $12,000 for the 1.9-acre land. County officials said they needed more information before making a decision on the sale.