October 10, 2007
The Martin County Board of Commissioners met in Regular Session on Wednesday, October 10, 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, Commissioners Elmo “Butch” Lilley, Alphonzo Perry and C. Mort Hurst, County Manager 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 Hurst, Vice Chairman Smith offered the Invocation.
Chairman Bowen began the meeting in his usual manner by introducing fellow Board members, staff and elected officials.
Before the first item was acted upon, Commissioner Hurst asked to make a statement. He referred to an article about Medicaid relief in the Carolina Journal which had been copied for each Commissioner and the media. He asked Manager Overman to send the information he presented to the Martin County Board of Education about Medicaid relief and its effect on MartinCounty to this magazine.
AGENDA APPROVAL
A MOTION was made by Commissioner Hurst, with a SECOND by Vice Chairman Smith, 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
Ms. Judy Moses of the Department of Social Services introduced Jeffrey Davis, Income Maintenance Technician, Ms. Teresa Canadyintroduced Annette Davenport, Income Maintenance Case Worker II, and Mr. Frank Halsey introduced Brigida Lawrence, Social Worker Trainee.
CONSENT AGENDA
Commissioner Hurst 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:
- Minutes of the September 12, 2007 Regular Session.
- Financial Report for September, 2007.
- Budget Amendment 2.
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 Controlled Substance Tax Dist. Fund, the expenditures are to be changed as follows.
IncreaseDecrease
Public Safety
Capital Outlay$ 31,650
Supplies – Equipment 8,000
Office Supplies & Materials 2,000
This will result in an increase of $41,650 in the expenditures of the Controlled Substance Tax Dist. Fund. To provide an increase in revenue for the above, the following revenues will be changed.
Fund Balance Appropriation$ 41,650
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.
- Disposition of Financial Records as follows.
2001-2002Cash receipt files, original and duplicate copies – state requires retention for three years.
2001-2002Green copies of purchase orders, duplicated.
2001-2002Building Inspector permits copies; originals kept in another office.
2001-2002Paid invoice file, original invoices and duplicate copies of checks – state requires retention for three years. Sprint telephone bill copies.
2001-2002Centura bank statements and cancelled checks – state requires retention for three years.
2001-2002Centura payroll bank statements and cancelled checks; original corresponding reports kept on file in the Finance Office.
2004-2005Computer generated printouts (Supporting documents will be retained for five years)
2001-2002Landfill billing statements, payments, daily ticket report and financial report.
- Tax Collector’s Report for September, 2007.
September, 2007 Year to Date
Property Taxes$ 2,489,619.33 $ 5,921,386.27
Motor Vehicles 100,471.19 330,641.72
- Tax Relief Orders: Tax Relief Orders in the amount of $1,873.35.
Year
LevyNameRemarks Value Total
2007Anthony JosephineSold Mobile Home 3,230 27.30
2007Rogers William Alton JrError in Value 2,953 37.35
2007Hassell BernettaError in Landfill Fee150.00
2007Cooper Lillian ODouble List 1,500 23.06
2007Holliday James MDouble Billed14,050130.59
2007Howell Angela HoggardDouble Billed14,350131.82
2007Freeman Pamela AndrewsRepo13,640126.78
2006Freeman Pamela AndrewsRepo14,630136.00
2005Freeman Pamela AndrewsRepo15,650145.47
2004Freeman Pamela AndrewsRepo16,730141.37
2003Freeman Pamela AndrewsRepo17,870151.00
2002Freeman Pamela AndrewsRepo19,280162.92
2001Freeman Pamela AndrewsRepo20,890173.38
2007Rogerson Jennifer Lynn CError in Value13,500112.73
The following is a reversal:
2007Keel Cecil PaytonError in Listing 4,810 40.17
2007Keel Cecil PaytonError in Listing 4,810(40.17)
2006Williams Craig VError in Listing 5,510 46.56
2007Inscoe Irvin KentWreck MV 4,013 33.91
2007Robinson ArnoldBill of Sale 1,970 16.64
2007Barber William Harry JrHigh Mileage 2,510 20.96
2007Wilson Steve EdgarBill of Sale 6,082 51.39
2007Ellis Joseph Robert JrHigh Mileage 2,470 20.63
2007Williams Charlie BBill of Sale 4,010 33.49
TOTAL RELIEF ORDERS $ 1,873.35
- Square Footage Refunds: The tax payers listed reported to the Tax Assessor that the square footage of their home is incorrect, and they are requesting a refund. The Tax Assessor has gone to these homes and found that the square footage had been picked up incorrectly so the proper adjustments have been made. The most common reasons this mistake happens are;
- The home owner makes changes to the house plans after the building permit was issued.
- the home owner makes an addition or deletions and never lets the tax office know; therefore, the square footage is incorrect.
- If the home has been completed and moved into before the appraiser goes to measure it, he never gets a chance to go inside.
Robert Alexander Bonner Sr. – parcel # 05-05422 – Acct # 36043
$48,192 over charge in value per year
The taxes have been paid in full. The Tax Assessor recommends a refund for five years based on G.S. 105-381(3) – Total refund $2,036.10
Janie M. Miller – parcel # 0502219 – Acct # 3300
$7,210 over charge in value per year
The error was corrected in 2007 before taxes were paid.
The Tax Assessor recommends a refund of four years (2006, 2005, 2004, and 2003) based on G.S. 103-381(3) – Total refund $226.39
- 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 have 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.
Samuel T. RobersonAcct# 5282 – Parcel # 0701546
Fannie WilliamsAcct# 6109 – Parcel # 0900833
Christine JamesAcct# 10979 – Parcel # 0703233
- Resignations – Community Advisory Committee: Emma J. Edmondson and Betsy Gurganus cited personal reasons for offering their letters of resignation from the Community Advisory Committee for Nursing Homes.
- Community Child Protection Team Appointments: Ms. Susan Davenport, Director of Martin County Department of Social Services and Chair of the Community Child protection and Child Fatality Prevention Team, has requested that Drew Robinson (Detective with the Martin County Sheriff’s Department) and Sue House (Nurse with the MTW Health Department) be appointed to serve on this committee. Detective Robinson’s position is mandated by general statutes and Ms. House will be an at-large appointee.
- Clerk’s Report: Documents in this report are included for informational purposes.
PUBLIC HEARING – SECONDARY ROADS
Commissioner Hurst made a MOTION, with a SECOND by Commissioner Lilley, to open the Public Hearing on the NCDOT Secondary Road Improvement Program. The motion was unanimously APPROVED, and the Public Hearing began at 7:06 p.m.
Mr. Jerry Jennings, Acting Division Engineer for NCDOT, conducted the Public Hearing. He began his presentation by explaining the financial difficulties the NCDOT experienced a couple of years ago. He said that by next spring the Public Hearings should be back on schedule.
Commissioner Hurst pointed out that when the money was frozen by the State in 2005, Jenkins Road and Chapman Road were discussed and appeared to be first on the list. Then the following year, they were again first on the list yet these two roads have still not been paved. He wanted to know why and stressed the importance of these roads being paved.
Mr. Darrick Lee, NCDOT District Engineer, explained that even though these roads were first on the list there were other roads ahead of them that had not been completed. He said there is still a permit needed before the Jenkins Road can be completed. He said he anticipates this permit will be available soon.
Mr. Jennings resumed his presentation by explaining the Prior Fiscal year Projects. He explained that these projects have already been approved by the Commissioners and the DOT Board. As Mr. Lee explained they are waiting for environmental permits for Jenkins Road and the funding for Osborne Road, Cooper Lane, Sexton Lane and Shepherd Lane was approved by DOT in September. No work has been done on any of these roads yet.
The chart titled Projects Proposed for Spending Authorization reflects projects that are already under construction. Resurfacing work is being completed on Prison Camp Road, Spring Green Road and Bear Grass Road. The Wendell Griffin Roadand the Kent Roberson Road are ready to be paved. DOT has just completed the building of Chapman Road and it will have to set up. Paving of this road is scheduled for next spring.
The chart titled New Fiscal Year 2008 Projects to be Funded includes the roads that will appear on the Secondary Road Improvement Program Resolution for 2008. These are the roads that can be improved with the 2008 fiscal year allocation.
Chairman Bowen asked if DOT funds have been transferred to other departments and Mr. Jennings said they have. Then Commissioner Hurst asked if DOT received any of the excess monies the had on-hand two years ago and Mr. Jennings replied that it did not receive any of those funds.
With no comments coming from the audience, the Chairman called for a motion to close the Public Hearing. Commissioner Perry made a MOTION, with a SECOND by Vice Chairman Smith, to end the Public Hearing. The motion was unanimously APPROVED, and the Public Hearing closed at 7:20 p.m.
The following resolution was presented for approval.
SECONDARY ROAD IMPROVEMENT PROGRAM RESOLUTION
Fiscal Year 2008
WHEREAS, A Public Hearing was held on Wednesday, October 10, 2007 at the 7:00 p.m. meeting of the Martin County Board of Commissioners in the Board Room of the Martin County Governmental Center, 305 East Main Street in Williamston, North Carolina, to discuss the Proposed Secondary Road Improvement Program for Martin County for Fiscal Year 2008; and
WHEREAS, members from the Department of Transportation and the Board of Commissioners were present at this Public Hearing to hear comments from the public regarding this proposed program for Martin County; and
WHEREAS, the following was proposed by the North Carolina Department of Transportation as the Secondary Road Improvement Program for MartinCounty:
PROJECTLISTINGFORMARTINCOUNTY – FISCAL YEAR 2008
G.S. 136-44.5b$ 438,600
G.S. 136-44.5c$ 173,000
G.S. 138-182$ 706,000
Fiscal Year 2008 Allocations$ 1,317,600
New Fiscal Year 2008 Projects to be Funded
SR NumberLocal NameProposed Improvements Estimated Construction
Costs
SR 1325Old Cotton RdGrade, Drain, Base & Pave$ 450,000
SR 1532Tice Cemetery RdGrade, Drain, Base & Pave 60,000
SR 1340Clayton House RdGrade, Drain, Base & Pave 80,000
SR 1566Elwood Holliday RdGrade, Drain, Base & Pave 80,000
SR 1345Briley RdGrade, Drain, Base & Pave 120,000
SR 1159Rob’ville Prod RdWiden/Resurface 280,000
SR 1404Airport RdPavement Strengthening 158,600
Stabilization, Pipe & Paved 50,000
Road Improvements
Surveys 10,000
Contingency 29,000
Total New Project Funding for Fiscal Year 2008 Allocation$ 1,317,600
NOW, THEREFORE, BE IT RESOLVED by the Martin County Board of Commissioners that the North Carolina Board of Transportation’s proposed 2008 Secondary Road Improvement Program for MartinCounty is hereby approved as presented.
This Resolution shall be effective forthwith.
Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Smith, to approve the Secondary Road Improvement Resolution for 2008 as presented. The motion was unanimously APPROVED by the Board.
OLD BUSINESS
Well Permit Fees: Manager Overman explained that the Board had requested at the last meeting for him to meet with the Managers of Washington and Tyrrell Counties to discuss the well permitting fees and negotiate a fee that would be acceptable to everyone. He did meet with the two managers along with Health Director Kathleen DeVoreJones. In the end, it was clear that the other two counties felt that MartinCounty should provide a “counteroffer”since they had already agreed to the Health Board recommendation.
As a reminder, the Health Board recommendations were $400 for the new well and $155 for a repair permit.
As a matter of comparison, Manager Overman asked for the cost of providing the services needed for a septic tank permit and inspections. He also asked for the fee schedule for septic tanks. It is costing the health department approximately $312 to provide these services but they are only charging $150 for a permit. This represents only 48.13% of the cost of providing the service. They are not charging anything for a repair permit for on-site septic due to the potential of the failing septic system creating a public health issue.
Using this rationale, Manager Overman recommended a permit fee of $225 for new wells. Since there is a lab cost of $60 associated with a well repair, Manager Overmanrecommended that cost be passed on to the user.
He also reviewed the letter Mr. Robert Martin wrote to Health Director DeVoreJones explaining what constitutes a well repair. Well repair means: “work involved in deepening or changing depths, reaming, sealing, installing a liner pipe, perforating, screening or cleaning, acidizing or redeveloping a well excavation or any other activity which results in the breaking or opening the well seal.” Only Certified Well Contractors may perform these activities and a permit is required.”
“This shall not apply to repair or replacement of the pump, pumping equipment or tank; however, routine pump maintenance or replacement shall be followed by disinfection of the water system and proper replacement of the seal.” Only Registered Pump Installers may perform these activities and a permit is not required.
Another clarification is that if the pump installer needed to replace a foot valve (pump equipment) in the well, it would be considered pump maintenance and a permit would not be required.
Manager Overman stated that he did find out that the Health Department included these proposed fees as revenue in their 2007-2008 budget process so without charging as much as they proposed they will fall short of their revenue projections. By implementing a $225 fee for new well construction and $60 for a well repair, it would at least generate some of that anticipated revenue.
Following a discussion which included comments on the $35,000 grant for putting this into effect before the July 1, 2008 deadline, Commissioner Lilley and Vice Chairman Smith stated that they have a better understanding of the process and some of their questions have been clarified since the last meeting.
Vice Chairman Smith made a MOTION, with a SECOND by Commissioner Perry, to accept the Manager’s recommendation of $225 for a new well permit and $60 for a well repair permit. The motion was APPROVED by a vote of four to one, with Commissioner Hurst casting the opposing vote.
Declare Jones Road Property Surplus: Mrs. Barbara Griffin has submitted a written offer of $2,694.70 for a parcel of foreclosed property located on Jones Road in the WilliamsTownship. The tract of land is adjacent to property she owns. The current tax value is $1,000. The county is owed $409.77 in taxes and $2,694.70 in legal fees and costs.
Manager Overman pointed out that the Board must first declare this property surplus and decide upon the method to sell the property – auction, sealed bid or upset bid process. The Manager recommended the upset bid process as outlined in NCGS 160A-269. If this method is chosen, Ms. Griffin will be notified and she will have to deposit 5% of her bid and then the county will advertise for upset bids. Upon receiving no more bids, the Manager will bring the final bid to the Board for their approval.
Commissioner Lilley made a MOTION, with a SECOND by Commissioner Hurst, to declare the Jones Road property (Parcel number 02-00479) as surplus and advertise for upset bids. The motion was unanimously APPROVED by the Board.
Declare Foreclosed Property Surplus: Tax Collector Tommy Roberson submitted a list of foreclosed parcels (numbers 27 through 32 and number 34) to be declared surplus so they can be sold. Manager Overman explained that we do not have titles for properties 26 and 33 yet. He also explained that the Clerk has researched the minutes and cannot find action declaring parcels numbered 1-18 as surplus. Parcels 11 and 16 have been declared surplus and have been sold.
Manager Overman also presented the Board with a Request for Proposals that has been sent to several local auctioneers that have expressed interest in assisting with the sale of these foreclosed properties. He asked the Board to either give him the authority to award a contract to one of the auctioneers or have this item on next month’s agenda.
The Board spent several minutes discussing the amount of charges for legal fees. It was pointed out that property with several heirs involved is particularly expensive. The Manager was asked to investigate these costs and create a competitive way to handle this. Commissioner Hurst asked for specific facts and figures on the legal costs involved with foreclosures.
Commissioner Hurst made a MOTION, with a SECOND by Commissioner Lilley, to declare the parcels as surplus property as presented. The motion was unanimously APPROVED by the Board.
The following parcels were declared surplus.
NameParcel Number
- Paula Michelle Green09-01116
- James S. Congleton (Lever)09-00347
- Sarah H. Moore Heirs07-01225
- Sarah H. Moore Heirs07-01226
- Linwood Rhodes07-01382
- Hattie J. Riles07-01346
- Dora Bryant Heirs05-00466
- John Pitt Sr. Heirs07-01411
- Roxie Battle07-02336
- Levester Lloyd07-01109
12. WilsonWorthington07-01971