September 12, 2007
The Martin County Board of Commissioners met in Regular Session on Wednesday, September 12, 2007 at 7:00 p.m. in the Board Room of the MartinCountyGovernmentalCenter, 305 East Main Street, Williamston, North Carolina.
ASSEMBLY
Chairman Tommy W. Bowen, Vice Chairman Ronnie Smith and Commissioners Elmo “Butch” Lilley, Alphonzo Perry and C. Mort Hurst, 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 Bowen called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance which was led by Commissioner Perry, the Invocation was given by Commissioner Lilley.
Chairman Bowen began the meeting in his usual manner by introducing fellow Board members, staff and elected officials.
AGENDA APPROVAL
A MOTION was made by Vice Chairman Smith, with a SECOND by Commissioner Lilley, to approve the agenda as presented. The motion was unanimously APPROVED by the Board.
PUBLIC COMMENTS
No one was present to offer any comments.
INTRODUCTION OF NEW EMPLOYEES
Sheriff Dan Gibbs introduced two new employees: Jason Branch and Angela Bell. He said another employee, Charlie Brown, was working and could not attend the meeting.
Susan Davenport, Director of Social Services, introduced Ann Hardison who has come back to work with her department again.
Manager Russell Overman introduced Timmie Modlin who previously worked on a special project for the county and has been hired to fill a new position that was created in the last budget.
CONSENT AGENDA
Commissioner Lilley made a MOTION, with a SECOND by Vice Chairman Smith, to approve the Consent Agenda as presented. The motion was unanimously APPROVED by the Board.
The following items were approved with the motion.
- Minutesof the August 8, 2007 Regular Session.
- Financial Report for August, 2007.
- Budget Amendment – 1:
BUDGET ORDINANCE AMENDMENT – 1
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, 2008.
Section 1. To amend the General Fund, the expenditures are to be changed as follows.
IncreaseDecrease
Public Safety
Sheriff$ 26,000
This will result in an increase of $26,000 the expenditures of the General Fund. To provide an increase in revenue for the above, the following revenues will be changed.
Restricted$ 5,151
Fund Balance Appropriation (07-08) 10,199
Fund Balance Appropriation (06-07) 10,650
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.
- Tax Collector’s Report for August, 2007.
August, 2007 Year to Date
Property Taxes$ 3,384,655.60 $ 3,431,766.94
Motor Vehicles 106,314.86 230,170.53
- Tax Relief Orders: Tax Relief Orders in the amount of $5,816.47.
Year
LevyNameRemarks Value Total
2007Newman Everett Emory JrBilled to Wrong Account 2,130316.66
2007Roberson James ThomasDouble Billed12,100111.15
2007Stevenson Lillian BError in Landfill Fee150.00
2007Raynor Milton EarlError in Landfill Fee150.00
2007Bennett Jerome CalvinError in Landfill Fee150.00
2005Parker Reginald LinellRepo11,840108.74
2006Parker Reginald LinellRepo11,070101.68
2007Parker Reginald LinellRepo10,370 95.25
2007Stevenson Robert L Sr TrustError in Landfill Fee300.00
2007Reid RichardError in Landfill Fee150.00
2007Jones Henderson I HeirsError in Landfill Fee150.00
2007Robersonville Town ofError in Landfill Fee150.00
2007Stalls John RError in Listing58,200485.97
2007Bond Reuben AError in Landfill Fee150.00
2007Council Jimmie RDouble Billed300.00
2007Council Jimmie RenoDouble Billed450.00
2007Harris ArthurError in Landfill Fee150.00
2007Exum Kenyetta BrownDouble List11,480 95.86
2007Stox Mary SError in Landfill Fee150.00
2007Leggett William H. JrError in Listing 1,170 9.77
2007Taylor Jimmy AError in Listing69,510587.36
2007Mederos TeodolaError in Landfill Fee150.00
2007Gilbert TonyDouble List12,480104.21
2007Wynne Kay TaylorError in Listing11,140 94.13
2007Teachey Hill JrOut of County 656 5.54
2007Macias Marc DwayneError in Landfill Fee150.00
2007Aldridge & Southerland
Dev CoDouble Billed16,150136.47
2007Miller Janie MError in Listing 7,210 56.60
2007Stalls John RError in Landfill Fee150.00
2007Armstrong MelissaDouble List150.00
2007Barnhill Marie SError in Landfill Fee300.00
2007Smithwick Cherly WiseWreck MV 3,060 25.86
2007Ange Millard EBill of Sale 6,300 52.61
2007Cullipher CalvinError in Value 5,220 44.11
2007O’Neal Jacquelyn MicheleHigh Mileage 1,475 12.47
2007Mobley Charles OtisBill of Sale 4,010 33.89
2007Peaks Joseph LHigh Mileage 2,150 18.17
2007Hardison Frosty G
Revocable TrustBill of Sale 1,260 19.97
- Reinstatement of Property Tax Exclusion: According to the Tax Assessor, in 2006 the Tax Department sent letters to everyone receiving the tax relief exclusion. Some of these senior citizens had moved or passed away and the Tax Department had no record of this. Tax Assessor Hilton Edmondson said his office had received calls and visits from senior citizens who say they have never received this letter or because of age or some medical condition they were unable to look out for their personal affairs.
Under G.S. 105-282.1(a)(1) the Board of County Commissioners have the authority to reinstate the exclusion for 2007 with good cause. Each of the following has submitted a letter explaining why they are asking for the exclusion to be reinstated. The Tax Assessor stated that everyone of these people qualify and he recommends that their exempt status be reinstated.
James R. Ward
Rebecca Harrell
Lillie M. Jones
Mary O’Neal Joyner
Velma M. Jones
- Tax Refund for Double Listing: Tax Assessor Hilton Edmondson submitted a letter from Donald Southerland who requested a refund of $682.35 for five years that he was billed for a parcel that he had sold. The mapping department researched this request and found it to be valid because of a clerical error. The error has been corrected in the mapping department and on the billing program.
- Refund for Solid Waste Fee: Tax Assessor Hilton Edmondson submitted letters from two taxpayers who were wrongly charged for solid waste fees. Both requests have been researched and they are valid.
Reuben A. Bond for 2004, 2005 and 2006.
Jerome Bennett for 2006.
- Disposition of Records for Finance Office for the following records:
2000-2002Notice of electronic funds for DSS accounts.
2000-2002Welfare Draft posting-all accounts.
2000-2002Monthly summary report of subject wages & retirement contributions.
2000-2002MCTDA monthly reports.
2000-2002Capital Management Trust accounts reports.
2000-2002Journal entries made-corrections & entries.
2000-2002Electronic payment reimbursement NC Div. of Aging.
2000-2002Copies of Nonsufficient fund checks.
2000-2002Budget Amendments.
2000-2002EFTPS-Direct payments.
- Disposition of Records for Sheriff’s Office: The Sheriff’s Office requested to dispose of applications of individuals not hired. The applications are dated April 1996 to September 3, 2005. This is in accordance with the Records Retention and disposition Schedule for CountySheriff’s Offices section VI item 15(C).
- Disposition of Records for Tax Collector’s Office:
Drainage Assessment Receipts1984-1997
Beer & Wine Receipts1997-2004
Beer & Wine Permit Copies1994-2004
Paving Receipts-Scenic Drive1982-1986
Payment Plans1980-2004
- Clerk’s Report: Documents in this report included for informational purposes.
PUBLIC HEARING – FLOOD PLAIN ORDINANCE
A MOTION was made by Commissioner Perry, with a SECOND by Commissioner Hurst, to open the Public Hearing to receive comments on the Flood Plain Ordinance. The motion was unanimously APPROVED by the Board, and the Public Hearing began at 7:06 p.m.
Manager Overman explained that the Flood Damage Prevention Ordinance for MartinCounty is required to be adopted for the county to continue its participation in the National Flood Insurance program. New Flood Insurance Rate Maps (FIRMs) have been printed and were available for public inspection. The State has been working on the updating of FIRMs since Hurricane Floyd. These maps provide us with much more accurate data than we have ever had. Mr. Jody Griffin, Building Inspector and administrator of the proposed ordinance, was present to answer any questions.
Manager Overman explained that following the public comments the Board would need to take action on both the ordinance and the maps.
No comments were received.
Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Smith, to close the Public Hearing. The motion was unanimously APPROVED, and the Public Hearing ended at 7:09 p.m.
Vice Chairman Smith made a MOTION, with a SECOND by Commissioner Lilley, to approve the adoption of the Flood Damage Prevention Ordinance as presented. The motion was unanimously approved.
Vice Chairman Smith made a MOTION, with a SECOND by Commissioner Hurst, to approve the Flood Insurance Rate Maps as presented. The motion was unanimously APPROVED by the Board.
FLOOD DAMAGE PREVENTION ORDINANCE
Non-Coastal Regular Phase
ARTICLE 1.STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
SECTION A.STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
Therefore, the Board of Commissioners of the County of Martin, North Carolina, does ordain as follows:
SECTION B.FINDINGS OF FACT.
(1)The flood prone areas within the jurisdiction of MartinCounty are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2)These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
SECTION C.STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:
(1)restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;
(2)require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3)control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
(4) control filling, grading, dredging, and all other development that may increase erosion or flood damage; and
(5)prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.
SECTION D.OBJECTIVES.
The objectives of this ordinance are to:
(1) protect human life, safety, and health;
(2) minimize expenditure of public money for costly flood control projects;
(3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)minimize prolonged business losses and interruptions;
(5)minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;
(6)help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(7)ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
ARTICLE 2.DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
“Accessory Structure (Appurtenant Structure)” means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
“Addition (to an existing building)” means an extension or increase in the floor area or height of a building or structure.
“Appeal” means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
“Area of Shallow Flooding” means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
“Area of Special Flood Hazard” see “Special Flood Hazard Area (SFHA)”.
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“Base Flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
“Base Flood Elevation (BFE)” means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study.When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation”.
“Building” see “Structure”.
“Chemical Storage Facility” means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.
“Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
“Disposal” means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
“ElevatedBuilding” means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Encroachment” means the advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
“Existing Manufactured Home Park or Manufactured Home Subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.
“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1)the overflow of inland or tidal waters; and/or
(2)the unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Boundary and Floodway Map (FBFM)” means an official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
“Flood Insurance” means the insurance coverage provided under the National Flood Insurance Program.
“Flood Insurance Rate Map (FIRM)” means an official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
“Flood Insurance Study (FIS)” means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
“Flood Prone Area” see “Floodplain”
“Floodplain” means any land area susceptible to being inundated by water from any source.
“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management regulations.
“Floodplain Development Permit”means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.
“Floodplain Management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
“Floodplain Management Regulations” means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures,and their contents.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
“Flood Zone” means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
“Freeboard” means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation”.
“Functionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.