Chairman C. Mort Hurst, Vice Chairman Tommy W. Bowen, Commissioners Ronnie Smith, Elmo

May 10, 2006

The Martin County Board of Commissioners met in Regular Session on Wednesday, May 10, 2006 at 7:00 p.m. in the Board Room of the MartinCountyGovernmentalCenter, 305 East Main Street, Williamston, North Carolina.

ASSEMBLY

Chairman C. Mort Hurst, Vice Chairman Tommy W. Bowen, Commissioners Ronnie Smith, Elmo “Butch” Lilley and Alphonzo Perry, County Manager W. Russell Overman, County Attorney J. Melvin Bowen and Clerk to the Board Linda G. Hardison were present. No one was absent.

Chairman Hurst called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance which was led by Vice Chairman Bowen, Commissioner Lilley offered the Invocation.

Chairman Hurst then introduced fellow Commissioners, staff and press. He also introduced newly elected Clerk of Court Tonya Leggett and candidates running for Sheriff in the May 30th run-off: Dan Gibbs and Ricardo Hardison. Ameche Burns, Republican candidate for CountyCommissioner was also introduced, as well as, Chairman of Water District I Advisory Board, Doug Cannon.

AGENDA APPROVAL

Clerk to the Board Linda Hardison informed the Board that Mr. Wayne Fox had called to request that Item 7, Introduction of Travel & Tourism Director, be removed from the agenda. He stated that the new director was introduced to the Board and the public at a reception last week.

Chairman Hurst asked that Item 2 under the Consent Agenda be removed for clarification.

The MOTION by Commissioner Smith to approve the agenda as amended was SECONDED by Vice Chairman Bowen. MOTION APPROVED by a unanimous vote of the Board.

PUBLIC COMMENTS

No one was present for Public Comments.

INTRODUCTION OF NEW EMPLOYEES

Manager Overman informed the Board that there was a new employee hired in the Sheriff’s Department, but the Sheriff has been out sick and the new employee is not present.

CONSENT AGENDA

The MOTION by Commissioner Smith to approve the Consent Agenda as amended was SECONDED by Commissioner Lilley and approved unanimously by the Board.

The following items were included in the Consent Agenda.

1.Minutes of the March 29, 2006 Special Meeting, April 12, 2006 Regular Meeting and the April 19, 2006 Special Meeting.

2.Financial Report for April, 2006.

3.Tax Collector’s Report for April, 2006.

April, 2006 Year to Date

Property Taxes$ 185,371.40 $ 10,733,020.50

Motor Vehicles 155,433.17 1,193,390.52

4.Tax Relief Orders in the amount of $2,001.15.

Year

LevyNameRemarks Value Total

2005Bear Grass Tours IncError in Value237,708 1,984.86

2005Kanipe Chaise BrentWreck MV 1,028 16.29

Total 2,001.15

5.Tax Refund to Mr. Jerome Chance - $132.66.

The late Mr. & Mrs. Ephrem P. Chance paid taxes for a number of years on a parcel of land that was not legally their property. Mr. Jerome Chance, Executor of their estate, has requested a refund of taxes paid. Since the tax on the property has not been paid for the years of 2003, 2004, and 2005, the only request that the taxes be refunded for the years of 2001 and 2002 since section 105-381 allows recovery for only the previous 5 years.

6.Appointment – Community Advisory Committee

Ms. Jean Daniels of the Dardens Community has agreed to complete the unexpired term of Michael Goldberg on the Community Advisory Committee for Nursing Homes.

7.Resolution Supporting 2006 Clean Water Bond

County Manager Overman attended a meeting hosted by The Rural Center to release findings of a study they had completed entitled “Water 2030”. The study indicated that public water, sewer and stormwater systems in North Carolina will require $6.85 billion in the next five years to meet current needs, address pollution and growth.

The rural Center is proposing a $1 billion state bond referendum in November 2006 to finance some of these needed improvements. They indicate the debt service can be paid from existing revenues and that it would not require new taxes.

The RuralCenter is asking for support to get this through the General Assembly so they are asking for the adoption of the following resolution. MartinCounty received a grant from the 1998 Clean Water Bonds and we are in the position to receive grant funding from this program if approved.

2006 CLEAN WATER BOND RESOLUTION

WHEREAS, North Carolina’s continued prosperity depends on protecting the state’s water resources for current use and future generations; and

WHEREAS, North Carolina is expected to grow by 3.5 million people to exceed 12 million by the year 2030, placing pressures on the state’s water resources and local water providers; and

WHEREAS, North Carolina’s businesses, traditional and emerging industries all depend on reliable supplies of clean water, reasonable utility costs and an attractive natural environment; and

WHEREAS, the 1998 Clean Water Bonds delivered significant benefits to North Carolina communities and citizens, supporting 1,103 projects in 97 counties, which

• helped create or retain 42,000 jobs
• corrected major regulatory violations in 97 communities
• addressed failing septic systems and contaminated wells in 59 counties
• resulted in 50 communities receiving sewer service for the first time
• encouraged regional efficiencies, sound planning and conservation practices; and

WHEREAS, North Carolina’s public water, sewer and stormwater utilities will require investments totaling $16.63 billion to keep pace with necessary improvements and population growth over the next 25 years, including $6.85 billion in investments within the next five years.

NOW, THEREFORE, BE IT RESOLVED that the Martin County Board of Commissioners urges the North Carolina General Assembly to enact a $1 billion bond bill in the 2006 session to fund construction and repair of urgently needed water, sewer and stormwater facilities.

BE IT FURTHER RESOLVED that the Martin County Board of Commissioners calls upon the Governor and the General Assembly to activate the State Water Infrastructure Commission to address the state’s long-term water infrastructure needs with a visionary plan for sustained funding of water, sewer and stormwater system improvements.

8.Resolution Supporting Funding of Coastal Habitat Protection Plan

The following resolution was presented for consideration by Commissioner Perry.

RESOLUTION IN SUPPORT OF FUNDING

THE 2000 HERRING FISHERY MANAGEMENT PLAN

AND

THE COASTAL HABITAT PROTECTION PLAN

WHEREAS, the River Herring stock is in a serious depleted state; and

WHEREAS, there is a complex interdependence of River Herring, other fish and shellfish within the coastal North Carolina waters; and

WHEREAS, the 2000 Herring Fishery Management Plan (FMP) was not sufficiently funded because of the tax shortfall; and

WHEREAS, funding the 2000 FMP will allow the start of a four-year Albemarle region river-by-river detailed habitat study; and

WHEREAS, this study should determine the possible causes (or cause) of the depletion and give information on possible remedies; and

WHEREAS, this program will also give an indication of how this type program can be applied to spawning areas south of the Albemarle region; and

WHEREAS, the Commercial Fishing, Recreational Fishing, Restaurant and Tourist Industries will benefit from this study.

NOW, THEREFORE, BE IT RESOLVED by the Martin County Board of Commissioners that the 2000 Herring Fishery Management Plan be funded; and

BE IT FURTHER RESOLVED that the Coastal Habitat Protection Plan also be funded in order to start an effective program to attempt to stop further damage to habitats and to hopefully learn to reverse some of the present damage.

BE IT FURTHER RESOLVED that the Coastal Habitat Protection Plan also be funded in order to start an effective program to attempt to stop further damage to habitats and to hopefully learn to reverse some of the present damage.

9.Clerk’s Report

The Clerk’s Report contained correspondence mailed and received since the last meeting. There was also a calendar of events for May and June.

Budget Ordinance Amendment – 18: The following Budget Amendment was read by the Manager.

BUDGET ORDINANCE AMENDMENT – 18

BE IT ORDAINED by the Board of Commissioners of Martin County, North Carolina, that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, 2006.

Section 1. To amend the General Fund, the expenditures are to be changed as follows.

IncreaseDecrease

Human Services

Department of Social Services

Assistance programs$ 10,000$ 5,000

General Government

Data Processing$ 20,000

Public Buildings 1,800

General & Administrative 30,600

Economic & Physical Development

Economic Development Corporation$200,000

This will result in an increase of $257,400 the expenditures of the General Fund. To provide an increase in revenue for the above, the following revenues will be changed.

Restricted$205,000

Tax

Ad Valorem

Real & Personal property – CY 52,400

Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board and to the Finance Officer for their direction.

Chairman Hurst asked for clarification for the $200,000 amendment to the Economic Development Corporation budget. Manager Overman explained that the Industrial Recruitment Competitive Fund Grant for Syfan was not included in the budget. This is a “flow through” amendment. The money will be received from the State and then sent to Syfan. The Department of Commerce requires the funds to go through the County’s books.

A MOTION was made by Commissioner Lilley and SECONDED by Commissioner Perry, to approve Budget Ordinance Amendment – 18 as presented. MOTION APPROVED by a unanimous vote of the Board.

PUBLIC HEARING – CDBG SSH AMENDMENT

A MOTION was made by Vice Chairman Bowen and SECONDED by Commissioner Smith, to open the Public Hearing. MOTION APPROVED by a unanimous vote, and the Public Hearing began at 7:13 p.m.

Mr. Mike Barnette, McDavid & Associates, stated that the Public Hearing is being conducted to receive comments on a proposed program amendment for the 2004 CDBG SSH program. The amendment includes budget changes needed to complete the selected housing units. This program is funded with $400,000 of CDBG funds which represents 100% of the total program costs.

Mr. Barnette explained that the CDBG staff has reviewed the applicants for CDBG SSH assistance in order to make recommendations of persons to receive assistance in the 2004 SSH program. Four units contained substantially more problems than the other units examined in the unincorporated areas of MartinCounty. These four units need to be demolished and replacement housing provided for the owner/occupants. In addition, one house needs to be completed in the Town of Jamesville. Jamesville did not receive a unit during the 2001 CDBG SSH program. The unit Jamesville has selected also needs to be demolished and a replacement home provided for the owner/occupants. Therefore, the CDBG staff recommends the following activities for the 2004 CDBG SSH program:

• Emma and Betty Council

1311 Council Road

Bethel, NC27812

• John and Melba Locke

2075 Hwy 111

Hobgood, NC27843

• Charles Peele

2601 Old Us 64

Jamesville, NC27846

• Gloria White (MartinCounty alternate)

1591 Mill Neck Road

Williamston, NC27892

• Wayne Lilley and Crystal McLaurin (Jamesville selection)

1067 Stewart Street

Jamesville, NC27846

In order to complete the proposed activities, the following budget changes need to be made in the program through a program amendment.

MARTIN COUNTY 2004 CDBG PROGRAM

SCATTERED SITE HOUSING (SSH)

PROGRAM AMENDMENT 1

ActivityExisting Budget Proposed Budget

C-1 Clearance0 32,000

C-1 Relocation0 324,000

C-1 Rehabilitation 360,000 4,000

C-1 Administration 40,00040,000

Total 400,000 400,000

No comments were received from the audience and no written comments had been received before the meeting.

Commissioner Lilley asked how many houses could be rehabilitated in a year. Mr. Barnette said 8 or 9 houses could be rehabilitated but only 4 could be demolished and replaced per cycle. A cycle occurs every three years.

Commissioner Perry stated that he received pictures of only 3 houses. Mr. Barnette explained that the pictures were of the houses in unincorporated areas. The Jamesville selection did not have pictures.

Commissioner Smith commented that he liked the presentation with the pictures of the houses. He then asked if all the houses were owned by the individuals living in the house. Mr. Barnette explained that this information will be verified by a title search which is a requirement for the grant. If the individual living in the house is not the owner but is a family member, they try to get a life-time right to live in the house.

Vice Chairman Bowen thanked Mr. Barnette for the pictures. He stated that several years ago he had brought pictures of some of these same houses to show the Board the condition of some of the houses in the County.

Chairman Hurst asked Mr. Barnette if he finds people who buy houses just to try to get them into this program. Mr. Barnette responded that the title search will reveal how long the house has belonged to the present owner. The house has to belong to the owner a specified number of years before it qualifies for the program.

A MOTION by made by Commissioner Lilley, with a SECOND by Commissioner Perry, to close the Public Hearing. MOTION APPROVED by a unanimous vote of the Board, and the Public Hearing was closed at 7:20 p.m.

A MOTION by made by Vice Chairman Bowen, with a SECOND by Commissioner Smith, to approve the recommended beneficiaries, approve the proposed program amendment and to authorize the Chairman to sign the program amendment. MOTION APPROVED by a unanimous vote of the Board.

2005 CDBG Program Infrastructure Hookup

Mr. Mike Barnette, McDavid Associates, informed the Board that MartinCounty has received notification from the Division of Community Assistance that the County has been awarded a $75,000 grant to connect low-moderate income household to existing water lines in MartinCounty. The County’s application proposes to connect up to 80 homes to existing water lines.

Commissioner Smith questioned whether the water line is already existing in front of house. Mr. Barnette explained that this grant applies to Water District 1 and the lines are already existing. Next, Commissioner Smith asked if the money could be used for plumbing in the house. He said it would be useless to hook up to water and the pipes in the house could not take the pressure. Mr. Barnette said that would be taken into consideration when choosing the eligible candidates. He also explained that the funds are to be used for taps, meters, and lines to the houses. He and his group will check the applicant pool and present their recommendations to the Board for approval. Chairman Hurst asked that the Water Advisory Board for District No. 1 be included in making the recommendations.

Three resolutions were presented for consideration.

RESOLUTION BY THE BOARD OF COMMISSIONERS

OF

MARTINCOUNTY

2005 HU CDBG PROGRAM

WHEREAS, MartinCounty has applied for funds under the 2005 HU CDBG Program; and

WHEREAS, Martin County has received notification from the North Carolina Division of Community Assistance that the County has received 2005 HU CDBG funding; and

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Martin County that the County hereby selects the Mid-East Commission to complete administration services for the program; and

THAT, C. Mort Hurst, Chairman, is hereby authorized to execute professional services contracts between MartinCounty and McDavid Associates, Inc. upon satisfactory receipt and execution of the Grant Agreement and Funding Approval.

GRANT PROJECT BUDGET ORDINANCE

MARTINCOUNTY

2005 CDBG HE PROGRAM

Be it ordained by the Board of Commissioners of Martin County, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

Section 1. The project authorized is the Community Development project described in the work statement contained in the grant agreement #05-C-1462 between this unit and the division of Community Assistance. This project is more familiarly known as the 2005 CDBG HU Community Development Project.

Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of the grant document, the rules and regulations of the Division of Community Assistance and the budget contained herein.

Section 3. The following revenues are anticipated to be available to complete this project:

Community Development Funds$ 75,000.00

Local Funds 0.00

TOTAL$ 75,000.00

Section 4. The following amounts are appropriated for the project:

C-1 Rehabilitation$ 64,000.00

C-1 Administration 11,000.00

TOTAL$ 75,000.00

Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations, and is authorized to amend this budget within limits authorized by NC DCA for budget changes not requiring a program amendment.

Section 6. Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner.

Section 7. The finance officer is directed to report annually on the financial status of each project element in Section 4 and on the total grant revenues received or claimed.

Section 8. The budget officer is directed to include a detailed analysis of past and future costs and revenues on this grant project in every budget submission made to this board.

Section 9. Copies of this grant project ordinance shall be made available to the budget officer and the finance officer for direction in carrying out this project.

RESOLUTION BY THE BOARD OF COMMISSIONERS

OF THE

COUNTY OF MARTIN

2005 HU CDBG PROGRAM

WHEREAS, MartinCounty has the need for water connections in areas of MartinCounty; and

WHEREAS, Martin County has applied for funding from the State of North Carolina under the Small Cities Community Development Block Grant Program; and

WHEREAS, MartinCounty has been offered a $75,000 grant under the Small Cities Community Development Block Grant Program.

NOW, THEREFORE, BE IT RESOLVED, by the Martin County Board of Commissioners that MartinCounty hereby accepts the State of North Carolina Small Cities Community Development Block Grant offer of $75,000;

THAT, C. Mort Hurst, Chairman, is hereby authorized to accept this grant offer on behalf of MartinCounty and execute the Grant Agreement and Funding Approval;

THAT, MartinCounty has substantially complied with or will substantially comply with all federal, state and local laws, rules, regulations, and ordinances as applicable to the project.