April 11, 2007
The Martin County Board of Commissioners met in Regular Session on Wednesday, April 11, 2007 at 7:30 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 and C. Mort Hurst, County Manager W. Russell Overman and County Attorney J. Melvin Bowen were present. Commissioner Al Perry was in the hospital and Clerk to the Board Linda G. Hardison was on vacation. Finance Officer Cindy Ange took minutes of the meeting.
Chairman Bowen called the meeting to order at 7:30 p.m. because the meeting of the Board of Equalization and Review did not end until this time. Vice Chairman Smith led the audience in the Pledge of Allegiance. Chairman Bowen gave the Invocation and then introduced his fellow Commissioners, staff and elected officials who were in the audience.
PUBLIC COMMENTS
Mr. Thomas Wall, Emergency Management Director, informed the Board that April has been designated as National Autism Awareness Month. He has a three and one-half year old son who has been diagnosed with autism. This is the fastest growing developmental disorder in the country.
AGENDA APPROVAL
Chairman Bowen asked that Items 1, 2, and 3 of New Business be removed from the agenda. Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Smith, to approve the agenda as amended. The motion was unanimously APPROVED by the Board.
INTRODUCTION OF NEW EMPLOYEES
Sheriff Gibbs will try to have his two new deputies at next month’s meeting. They were unable to attend the meeting.
CONSENT AGENDA
Commissioner Hurst made a MOTION to approve the Consent Agenda as presented. Commissioner Lilley gave a SECOND to the motion, and it was unanimously APPROVED by the Board.
The following items were approved.
- Minutes of the March 14, 2007 Regular Session and the March 28, 2007 Special Session.
- The Financial Report for March, 2007.
- Budget Amendments 23, 24 and 25.
BUDGET ORDINANCE AMENDMENT – 23
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, 2007.
Section 1. To amend the General Fund, the expenditures are to be changed as follows.
IncreaseDecrease
Economic & Physical Development
Cooperative Extension Service$ 1,362
Human Services
Department of Social Services
Assistance Programs 18,000$ 500
Education
MartinCommunity College
Capital Outlay 206,680
This will result in an increase of $225,542 the expenditures of the General Fund. To provide an increase in revenue for the above, the following revenues will be changed.
Sales & Services$ 1,362
Fund Balance Appropriation 206,680
Restricted` 17,500
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.
BUDGET ORDINANCE AMENDMENT – 24
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, 2007.
Section 1. There will be no changes in the 2005 CDBG HE Program.
This will be an increase of $6,740 in the revenues of the 2005 CDBG HE Program.
IncreaseDecrease
Local Funds$ 6,740
Transfers
Transfer from General Fund$ 6,740
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.
BUDGET ORDINANCE AMENDMENT – 25
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, 2007.
Section 1. To amend the E911 Fund, the expenditures are to be changed as follows.
IncreaseDecrease
Public Safety
Communications
E911$ 3,500
This will result in an increase of $3,500 the expenditures of the E911 Fund. To provide an increase in revenue for the above, the following revenues will be changed.
Fund Balance Appropriation$ 3,500
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.
Manager Overman explained that one item in the Communications budget for next year is a new recording system to record telephone calls as well as radio traffic. In actuality we can move forward with the acquisition of that equipment now. The equipment costs $24,522 and can be paid for using wired 911 and wireless 911 funds. The cost will be shared equally. This budget amendment appropriates an additional $3,500 from the wired account to accomplish this purchase now. There are already sufficient funds budgeted in the wireless fund.
- Tax Collector’s Report for March, 2007.
March, 2007 Year to Date
Property Taxes$ 255,388.09 $ 10,310,300.50
Motor Vehicles 126,340.23 1,050,984.27
- Tax Relief Orders in the amount of $677.22.
Year
LevyNameRemarks Value Total
2006Ange Troy HughHigh Mileage 2,550 21.30
2005O’Kelley Michelle PhelpsWreck MV 2,380 19.87
2005Sheppard ThomasBill of Sale11,811187.21
2006Teel DealieOut of Town 5.04
2006Roberson Dorothy WHigh Mileage 1,650 13.78
2006Roberson Amy DianeHigh Mileage 2,100 17.54
2006Smith DonaldDouble Billed12,100112.48
2006Stevenson Robert L Sr TrustError in Landfill Fee300.00
- Tax Refund – Lizzie M. Whitaker - $150.00: Tax Administrator Tommy Roberson explained that Mrs. Lizzie Whitaker is the owner of property located at 1061 Hopkins Drive (Account # 3910) in Williamston. She paid landfill availability fees for the years 2005 and 2006 on two trash containers. The extra container was requested since an additional family was to live at the residence. Sheis requesting a refund of $150.00 since the trash container was never delivered to the residence. The container was requested by the assessor’s office but it has been verified that Waste Management has no record of delivery of the trash container.
- Tax Release – GraceFamilyFellowshipPentecostalHolinessChurch - $153.18: Tax Administrator Tommy Roberson explained that Ms. Elaine Stalls, Office Manager for GraceFamilyFellowshipPentecostalHolinessChurch, is requesting a landfill availability fee release for the church since the church has been using a commercial dumpster. I am requesting that the landfill availability fee for the year 2006 plus interest be released for the taxpayer since it has been confirmed that commercial dumpster service has been provided for several years. Article 5 Section 5.5 of the Martin County Ordinance Regulating and Imposing the Assessment and Collection of Availability Fees for the Collection, Transportation and Disposal of Solid Waste and Recyclable Materials in Martin County provides an exclusion for those businesses, industrial and commercial establishments generating more than one (1) cubic yard of solid waste or industrial solid waste or using dumpster service.
- Tax Listing & Review Plan: Tax Administrator Tommy Roberson presented the following: “As we embark upon some new tax listing procedures effective with the January 2008 listing period we feel that we have a duty and obligation to educate our taxpayers involved with these new procedures and forms as well as have support of the Board of Commissioners as we carry out duties of the tax office set forth in North Carolina General Statutes. The attached Tax Listing and Review Plan sets out several statutes and our plan to insure we are in compliance with those statutes. While much of this has taken place in the past, we cannot find a record where the Board of Commissioners have been made aware of what is being done and where they have offered guidance in those areas where discretion is allowed.
The Plan sets forth the statute, NCGS 105-308, which states that any person that owns property to be listed has a duty to list. NCGS 105-312 states the assessor then has a duty to see that all property to be listed is listed and for the correct values. Two separate statutes state the assessor must annually review some properties for eligibility of use-value and eligibility to be exempted or excluded from taxation.
The Plan also sets forth a process by which business personal property will be listed and the process we will use to review these listings to make sure we are complying with the obligation to discover property not properly listed. You may recall that a number of years ago the General Assembly repealed the statutes requiring the listing of personal property except vehicles, boats, RVs and personal property used to produce income (business personal property).
It is our desire to make sure the taxpayers in MartinCounty clearly understand what is required to be listed and why it is required to be listed. As a component of this plan we are going to set up educational meetings to explain these issues and to explain the new listing forms which should make the listing process easier for the listing of business personal property.
This plan, as presented, is as the county manager and I have explained to you. I would recommend your approval. Approval of the consent agenda will confirm approval of this plan.”
TAX LISTING
AND REVIEW PLAN
The Martin County Tax Assessor has numerous powers and duties set forth by North Carolina General Statute 105-296. Several of these duties regarding listing and review of certain items involve the direction and input of the county commissioners. It is the intent of this plan to address these issues.
Duty to list
NCGS 105-308 states that “Every person in whose name any property is to be listed under the terms of this Subchapter shall list the property with the assessor within the time allowed by law on an abstract setting forth the information required by this Subchapter.”
Duty to discover and assess unlisted property
NCGS 105-312 states that “It shall be the duty of the assessor to see that all property not properly listed during the regular listing period be listed, assessed and taxed as provided in this Subchapter. The assessor shall file reports of such discoveries with the board of commissioners in such manner as the board may require.”
Review of parcels for present-use value eligibility
The tax assessor will be reviewing parcels classified for present-use value. NCGS 105-296(j) states that “The assessor must annually review at least one-eighth of the parcels in the county classified for taxation at present-use value to verify that these parcels qualify for the classification.”
Review of parcels exempted or excluded from taxation
The tax assessor will be reviewing parcels classified as being exempt or excluded from taxation. NCGS 105-296(l) states that “The assessor shall annually review at least one-eighth of the parcels in the county exempted or excluded from taxation to verify that these parcels qualify for the exemption or exclusion.”
Listing and review of Business Personal Property; Explanation thereof
Business personal property is that personal property being used to produce income. MartinCounty will be using a new tax abstract for the listing of business personal property effective with the January 1, 2008 listing period. This new abstract will be of great benefit to the taxpayers and the tax office staff. It is the desire of staff and the county commissioners that the taxpayers clearly understand the new abstract, the listing process and why certain information is needed. The staff of the tax office will facilitate the introduction, distribution and explanation of the new abstract prior to the January listing period. This will include setting up any educational meetings that may be necessary or beneficial. The staff of the tax office will also be prepared to offer assistance to anyone needing that assistance during the listing period.
Once the January 2008 listing period is complete it shall be the desire of the board of commissioners that the tax assessor, to insure compliance with NCGS 105-308 and 105-312, internally review through a random process five per cent (5%) of the business personal property accounts on an annual basis.
- LPA Work Authorization: Work Authorization 11 for The LPA Group for property acquisition required for the taxilane expansion project as well as the corporate expansion project for the MartinCountyAirport was included in each commissioner’s packet. The services included under this work authorization are project management/coordination, appraisal services, review appraisal services, boundary surveys and grant services. The fee for these services is estimated to be $12,533.00 and is included in one of our grants. Approval of the consent agenda will approve Work Authorization 11 for The LPA Group.
- Resolution of Support: A resolution requesting that NCDOT add Cherry Lane to the state maintenance systemhas already been approved. Mayor Charlotte Griffin is now seeking funding to make improvements to Cherry Lane. She has spoken to Senator Jenkins and he has advised her to seek discretionary funding from the legislature as well as DOT. She has asked that the Commissioners approve a resolution of support for this project. Once the resolution is approved, it will be forwarded to Senator Jenkins, Representative Warren and Mr. Stan White of NCDOT.
RESOLUTION OF SUPPORT
CHERRY LANE, BEAR GRASS
WHEREAS, Bear Grass officials have been working with North Carolina Department of Transportation officials and legislators seeking assistance with improvements to Cherry Lane; and
WHEREAS, the North Carolina General Assembly, as well as the North Carolina Department of Transportation, have discretionary funds that can be used to assist with projects such as this.
NOW, THEREFORE, BE IT RESOLVED that the Martin County Board of Commissioners requests the General Assembly to support using discretionary funds to make the necessary improvements to Cherry Lane in Bear Grass.
BE IT FURTHER RESOLVED that this resolution be forwarded to Senator Clark Jenkins, Representative Edith Warren and Board of Transportation member, Mr. Stan White.
- Airport Commission – Resignation & Appointment: Mr. James Matthewson has requested to resign from the Airport Commission. The recommendation from the Airport Commission is to appoint Mr. Keith Copeland of Jamesville to fill the unexpired term.
- The Clerk’s Report was included for informational purposes.
PROCLAMATION – “PURPLE RIBBON MONTH”
Ms. Hilda Edgerton and Mr. mark Holliday, co-chairs of the 2007 Martin County Relay for Life, addressed the Board concerning the 2007 Relay for Life event which will be held May 18-19, 2007 at the WilliamstonHigh School track. They invited the Board to attend the event, especially the Opening Ceremony at 6:00 p.m. on May 18th. Chairman Bowen was asked to welcome everyone at this ceremony.
Following these remarks, Commissioner Lilley made a MOTION, with a SECOND by Commissioner Hurst, to approve the Proclamation – “Purple Ribbon Month” as presented. The motion was unanimously APPROVED by the Board.
A Relay for Life Proclamation
WHEREAS, the American Cancer Society is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer through research, education, advocacy, and service; and
WHEREAS, the “Relay for Life” is a team event which supports the American Cancer Society’s life-saving programs and benefits the research, education, advocacy, and service related operations of the society; and
WHEREAS, the Relay for Life of Martin County is strongly committed to the battle against cancer, having received national recognition for its fundraising efforts, and regional recognition by the American Cancer Society for its commitment to the event; and
WHEREAS, MartinCounty is the third highest county in the State of North Carolina for cancer mortality (what better motivation for county citizens to rally for a cure); and
WHEREAS, the 2007 Relay for Life of Martin County will be held Friday, May 18th and Saturday, May 19th at the Williamston High School track; and
WHEREAS, forty-two teams with approximately 650 team members representing churches, businesses, medical services, civic organizations, schools, families, and community volunteers from throughout Martin County have registered to participate in the 2007 Relay for Life of Martin County;
NOW, THEREFORE, WE, the Board of County Commissioners of Martin County, North Carolina, do hereby proclaim May 18 and May 19, 2007 as
“RELAY FOR LIFE WEEKEND”
throughout MartinCounty and encourage all citizens to support and participate in this effort to battle cancer and help eliminate it as a major health problem.
FURTHERMORE, recognizing that purple is the color that represents the Relay for Life event, we hereby proclaim May 2007 as
“PURPLE RIBBON MONTH”
throughout Martin County, in an effort to promote the Relay for Life event, as well as honor cancer survivors and pay tribute to those individuals who have lost the battle with cancer.
NEW BUSINESS
Cooperative Extension – Memorandum of Understanding: Mr. J. B. Coltrain, County Extension Director, appeared before the Board to answer questions about the proposed memorandum of Understanding (MOU) between CountyGovernments and North Carolina Cooperative Extension. He explained that a group composed of County and Extension personnel met regularly for two years to develop the new MOU.
One significant change is that the MOU begins to move Extension employees to one uniform payroll system. It does this by requiring all new employees to be pay rolled through NCSU or NCA&T. This process is called “send-in”. Once the MOU is signed the other employees have a period in which they can opt to become “send-in”. At some point all employees will be required to become “send-in”. “Send-in” basically means those employees will receive one payroll check, a state check, and they will only receive state benefits. The state will then bill the county for its share of the salary and benefits. Currently, the Martin County Extension employees have no desire to go “send-in”; however, they realize they may have no choice at some pint in time.
Director Coltrain recommended that the Board approve the Memorandum of Understanding as presented. Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Smith, to approve the Memorandum of Understanding between MartinCounty and North Carolina Cooperative Extension as presented. The motion was unanimously APPROVED, and the MOU is hereby incorporated into these minutes by reference.
REPORT ON WATER PETITION
Manager Overman reported that several weeks ago the Board members received a petition regarding water complaints in the Bear Grass area. Since that time, the staff of the water department has been checking our records on complaints previously lodged as well as comparing names on the petition with our customer records.