September 16, 2009

The Martin County Board of Commissioners met in Regular Session on Wednesday, September 16, 2009 at 7:00 p.m. in the Board Room of the Martin County Governmental Center, 305 East Main Street, Williamston, North Carolina.

ASSEMBLY

Chairman Ronnie Smith, Vice Chairman Elmo “Butch” Lilley, Commissioners C. Mort Hurst, Tommy W. Bowen and Derek Price, 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 Ronnie Smith called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance which was led by Commissioner Hurst, the Invocation was offered by Vice Chairman Lilley.

Chairman Smith began the meeting by introducing the elected officials in the audience. Commissioner Hurst then introduced a family from the Philippine Islands who are now residing in Robersonville.

AGENDA APPROVAL

Chairman Smith moved Item 9, Awards Presentation to follow Item 4, Consent Agenda.

Commissioner Price made a MOTION, with a SECOND by Commissioner Hurst, to approve the agenda as amended.

PUBLIC COMMENTS

Chief Deputy Tim Manning addressed the Board about comments that were made at the August 12th meeting of Commissioners. When the Board discussed tax rates, Commissioner Hurst mentioned the town of Sylva. Mr. Manning stated that he and the Sheriff had made calls to Jackson County. He presented the information they received concerning the tax rate, number of deputies and staff and the amount of the county budget. He stated that he took exception to the comments made because the information was not stated correctly. Commissioner Hurst stated that he was talking about the Town of Sylva and he never mentioned the Sheriff’s Department in his comments.

INTRODUCTION OF NEW EMPLOYEES

The new employee in Social Services was unable to attend tonight’s meeting.

CONSENT AGENDA

Commissioner Bowen made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the Consent Agenda as presented. The motion was unanimously APPROVED by the Board.

The following items were approved with this motion.

Minutes of the August 9, 2009 Special and Closed Sessions and the August 12, 2009 Regular Session.

Financial Report for August, 2009.

Tax Collector’s Report for August, 2009.

August, 2009 Year to Date

Property Taxes $ 1,744,906.58 $ 1,844,299.91Motor Vehicles 97,696.46 201,003.51

Tax Relief Orders for August, 2009 in the amount of $8,207.17.

YearLevy Name Remarks Value Total 2007 Barber Shanna Price Double Billed 14,910 136.952008 Barber Shanna Price Double Billed 13,770 126.482009 Barber Shanna Price Double Billed 12,790 101.302009 Beal Anthony L Sold Mobile Home 1,430 10.222009 Biggs Patrick W Error in Landfill Fee 162.002009 Burns Barbara Frye Error in Listing 7,900 52.932009 Clark H Wayne Error in Landfill Fee 162.002009 Davenport Judy White Etals Error in Landfill Fee 324.002009 Everetts Baptist Church Inc Clerk Error 28,700 516.292009 Griffin Noah Daniel Jr Error in Landfill Fee 162.002009 Haislip Herbert J Error in Landfill Fee 162.002008 Hamilton United Meth Church Error in Landfill Fee 162.002009 Hamilton United Meth Church Error in Landfill Fee 162.002009 Harrison Jackie Lynn Error in Value 17,800 140.002009 Harrison Jim Henry Error in Listing 75,405 539.142009 Hodges Queena H Double List 67,350 646.932009 Hyman Willie Lee Clerk Error 1,020 7.342009 James John Wesley Jr Error in Landfill Fee 162.002009 Lilley Joseph D Jr Senior Citizens Exem 22,710 152.162009 M&T Credit Corp Double Billed 221,885 1,486.632009 Martinez Maria E Error in Listing 43,200 462.242009 Massenburg Tracy Lovet Double Billed 11,570 164.192009 Peaks George Ronald Error in Listing 40,050 286.362006 Price Randy ONeal Error in Value 5,292 48.312007 Price Randy ONeal Error in Value 5,660 51.682008 Price Randy ONeal Error in Value 5,260 48.032009 Price Randy ONeal Error in Value 4,920 38.43

2009 Reardon Sherwood Heirs Error in Landfill Fee 162.002009 Rogers Cathy W Error in Listing 4,650 33.492009 Rogerson Patrica McLain Double Billed 3,600 28.512009 Ross Johnnie H Heirs Error in Landfill Fee 162.002009 Sink Clemons B Etals Error in Landfill Fee 162.002009 Smith Mamie R Error in Landfill Fee 162.002009 Wallace Travis McGarrett Error in Landfill Fee 162.002006 Wallace Travis McGarrett Error in Landfill Fee 150.002009 Webb James R Clerk Error 710 5.082007 Wishall Steven Ashley Sold Vehicle 7,873 73.172008 Wishall Steven Ashley Sold Vehicle 7,086 65.872009 Whishall Steven Ashley Sold Vehicle 6,377 50.512009 Cullipher Calvin Error in Value 4,120 34.812009 Fisher Christian Eugene High Mileage 2,960 25.022009 Knott Delorese A Error in Value 1,700 14.202009 McPherren Virginia Bento Bill of Sale 3,720 45.942009 Nicholson Jack Bill of Sale 10,156 84.292009 Robertson Joseph Lawrence High Mileage 1,225 16.972008 Roche Victor Thomas High Mileage 1,200 10.022009 Smithwick Cheryl Wise High Mileage 875 7.402009 Triangle Planning Services Error in Value 8,670 73.262009 Volk Thomas C Bill of Sale 24,553 205.02

Total Relief Orders $8,207.17

Tax Refund Request – Sarah Roberson August: According to Tax Assessor Hilton Edmondson, Sarah Roberson August is requesting a refund for years 2006-2008 because she was charged with a finished attic. The Assessor has checked the attic and it is unfinished. He recommended the approval of a tax refund in the amount of $32.40.

Landfill Fee Refund Request – John James: Mr. John James is requesting a refund for a trash pickup fee he has been charged with for the past thirteen years. No one lived in the house and the power was cut off. Mr. James did not let the county know that no one was living there nor did he turn in the trash can or bring in a receipt. Tax Assessor Edmondson recommends he be refunded $762.00 for the past five years (2004-2008).

Landfill Fee Refund Request – Amber Reardon: According to Tax Assessor Hilton Edmondson, Amber Reardon is requesting a refund for the past five years on her trash pickup. She has provided information from Dominion Power that the service was cut off in August of 1999. Mr. Edmondson recommends she be refunded ($762.00) for the last five years.

Property Tax Relief – EDC: Tax Assessor Hilton Edmondson explained that Mr. Marvin Davis, Executive Director of Economic Development Corporation, contacted him on August 4, 2009 concerning the Business Personal Property listing for Martin County EDC. He felt that he had been taxed twice on the same property. By mistake, Mr. Davis listed leasehold improvements on his business Personal Property listing. The leasehold improvements were to

the doors and floors. These improvements were picked up and billed with the real property. When the initial listing was sent, it included a listing for leasehold improvements at a cost of $755,285 that was depreciated to $679,756. There was no indication on the listing form that hese were actually improvements to the building. Mr. Davis was sent a copy of the Business Personal Property listing on June 16, 2009 to inspect for errors. He had 30 days to appeal the assessment. No appeal was made within the 30 days and the bill was generated. When Mr. Davis questioned the assessment on August 4, 2009, Mr. Edmondson investigated and determined that EDC had been double taxed. Mr. Edmondson recommends that the request be approved. It will be a loss of $679,756 in tax value to the county taxes.

Elderly Exclusion Request – Carrie Dell Jones: Ms. Carrie Dell Jones submitted a letter to Tax Assessor Hilton Edmondson requesting that her senior citizen exemption be reinstated for a house and lot at 306 Biggs Street. She explained that she had deeded her property to her four children. The deed was prepared without reserving her life estate on the property. A Correction Deed has been prepared to reflect this. Mr. Edmondson explained that according to G.S. 105-282.1(a1) the Commissioners can approve this request. Mr. Edmondson recommended that Ms. Jones’ request be approve and this will result in a loss of $167.50 in county taxes.

Request for Tax Refund – Shanna Barber: According to Tax Collector Christine Blevins, Mrs. Shanna Barber is requesting a refund for the income state tax refund which was applied to her account for a mobile home for the year 2006. The mobile home was sold prior to and listed to the new owner for that same year. The Tax Assessor has verified this billing as a double listing; therefore, Ms. Blevins recommends that the taxes paid in error ($154.95) be refunded according to G.S. 105-381(a)(1).

Declare Foreclosed Property Surplus: Tax Collector Christine Blevins requests the disposition of property acquired from foreclosure sales be declared surplus so that it can be sold.

Number Owner Parcel Number22. Leonard Nomura 07-0181823. Antionette Rascoe 09-01316

Southern Albemarle Delegates: The following will be invited to the Annual Meeting of the Southern Albemarle Association on October 15, 2009: Dan and Charlotte Bowen, Lula Council, Herman Daniels, Dr. Ann Britt, Barbara Cotten, Tina P. Manning, Frank Measamer, Mr. & Mrs. Gene Powell, Tommy Roberson, Milton Bennett, Jr., Junious J. Horton, Mr. & Mrs. Jerry Harrell, Mr. & Mrs. George Matthews, John S. Faulk, Thomas Chavis, Butch & Becki Lilley, Mr. & Mrs. James Batchelor, Mr. & Mrs. Haywood Harris, Mr. & Mrs. Moses Matthews, John H. Gurganus, Beulah Bennett, Janie & Don Grady, Mr. & Mrs. Dempsey Bond, Jr., Dan & Amy Gibbs, Don Christopher, Mr. & Mrs. Henry Wilson, Tonya C. Leggett, Dennis C. Briley, Jane Wolfe, Mr. & Mrs. Brad Sommerer, C. Mort Hurst, Tommy Bowen, Ronnie Smith, Alphonzo Perry, W. Russell Overman, Mr. & Mrs. Hallet Davis, Ray Deans, Derek Price.

Clerk’s Report is included each month for informational purposes.

AWARDS PRESENTATION

Mr. Lester Nixon, Risk Management Director of the North Carolina Association of County Commissioners, and Mr. Ed Wooters, Director of member Relations of the NCACC Risk Management Services, presented the Martin County Board of Commissioners with the N.C. Association of County Commissioners Certificate of Appreciation for Best Overall Mail Order Utilization in the Group Benefit Pool for 2008-2009 and a plaque in recognition of being a Super Member of the NCACC Rick Management Services. These awards were first presented at the NCACC Annual Conference that was recently held in Catawba County.

Chairman Smith thanked them for coming from Raleigh to make these presentations.

PUBLIC HEARING – 2007 CDBG SCATTERED SITE HOUSING (SSH) PROGRAM

Commissioner Price made a MOTION, with a SECOND by Commissioner Bowen, to open the Public Hearing and receive comments on the 2007 CDBG Scattered Site Housing (SSH) Program. The motion was unanimously APPROVED by the Board. The Public Hearing began at 7:16 p.m.

Mr. Mike Barnette of McDavid Associates explained that Martin County has a 2008 Single Family Rehabilitation (SFR) program through the N.C. Housing Finance Agency (HFA). The SFR program proposes to utilize 2007 CDBG SSH funds to assist with the rehabilitation of five houses. In order to use CDBG SSH funds, the County must include these additional houses in the CDBG SSH program through a program amendment. Staff of McDavid Associates proposes to approve the following five houses and one alternate house for the CDBG SSH program. These houses are already a part of the SFR program.

1. James Alexander – 1255 Why 125 – Hobgood2. Cora Lee Clark – 207 Mill Street – Robersonville3. Margaret Rawls – 1055 Belltown Road – Williamston4. Sallie Downing – 102 Cochran Street – Robersonville5. Josephine Downing – 117 Perry Street – Williamston6. Sophronia Lawrence – 11092 Hwy 125 – Williamston

No comments were received.

Commissioner Bowen made a MOTION, with a SECOND by Commissioner Price, to close the Public Hearing. The motion was unanimously APPROVED, and the Public Hearing was closed at 7:19 p.m.

Commissioner Bowen made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the amendment to the 2007 CDBG SSH Program, authorize the Chairman to sign the amendment and approve the County budget changes resulting from the amendment. The motion was unanimously APPROVED by the Board.

Chairman Smith advised Mr. Barnette that a letter from Dennis Branch about his recent visit had been included in the Clerk’s Report. This letter indicated what a good job McDavid Associates is doing for the County and Chairman Smith thanked Mr. Barnette.

PUBLIC HEARING – ROAP APPLICATION

Commissioner Price made a MOTION, with a SECOND by Commissioner Bowen, to open the Public Hearing on the ROAP Application. The motion was unanimously APPROVED, and the Public Hearing began at 7:22 p.m.

Ms. Betty Jo Keel, Director of Martin County Transit, reviewed the information that was publicized in The Enterprise in both English and Spanish.

The programs included in the ROAP application include:

1. Elderly & Disabled Transportation Assistance (EDTAP) Program provides operating assistance for the transportation of elderly and disabled citizens. This transportation assistance allows for the individual to reside for longer periods in their homes, thereby enhancing their quality of life. For the purpose of EDTAP, an elderly person is defined as one who reaches the age of 60 or more years. A disabled person is defined as one who has a physical or mental impairment that substantially limits one or more major life activities, an individual who has a record of such impairment, or an individual who is regarded as having such impairment. Total - $42,571.

2. Employment Transportation Assistance Program is intended to provide operating assistance for transitional Work First, Workforce Development Programs and general public employment transportation needs. Total - $5,996.

3. Rural General Public (RGP) Program funds are intended to provide transportation service to individuals who are not human service agency clients and live in non-urbanized areas. Total - $36,303.

4. Supplemental EDTAP Total - $24,370.5. Supplemental EMPL Total - $7,440.6. Supplemental RGP Total - $31,926.

Total Application - $148,606

No comments were received neither written or oral.

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Bowen, to end the Public Hearing. The motion was unanimously APPROVED, and the Public Hearing ended at 7:26 p.m.

Commissioner Price made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the ROAP Application in the total amount of $148,606. The motion was unanimously APPROVED by the Board.

CENSUS BUREAU PRESENTATION

Ms. Akilah R. Ensley, Partnership Specialist with the US Census Bureau, presented an introduction to the 2010 Census.

The foundation of our American democracy is dependent on fair and equitable representation in Congress. In order to achieve an accurate assessment of the number and location of the people living within the nation’s borders, the U.S. Constitution mandates a census of the population every 10 years.

The census population totals determine which states gain or lose representation in Congress. It also determines the amount of state and federal funding communities receive over the course of the decade. 2010 Census data will directly affect how more than $3 trillion is allocated to local, state and tribal governments over the next 10 years. In order for this funding allocation to be accomplished fairly and accurately, the goal of the decennial census is to count everybody, count them only once, and count them in the right place. The facts gathered in the census also help shape decisions for the rest of the decade about public health, neighborhood improvements, transportation, education, senior services and much more.

The goal of the 2010 Census is to count all residents living in the United States on April 1, 2010. The U. S. Census Bureau does not ask about the legal status of respondents in any of its surveys and census programs. To help ensure the nation’s increasingly diverse population can answer the questionnaire accurately and completely, about 13 million bilingual Spanish/English forms will be mailed to housing units in neighborhoods identified as requiring high levels of Spanish assistance. Additionally, questionnaires in Spanish, Chinese (Simplified), Korean, Vietnamese and Russian – as well as language guides in 59 languages – will be available on request.

By 2010, there will be an estimated 310 million people residing in the United States. Counting each person is one of the largest operations the federal government undertakes. For example, the Census Bureau will recruit nearly 3.8 million applicants for 2010 Census field operations. Of these applicants, the Census bureau will hire about 1.4 million temporary employees. Some of these employees will be using GPS-equipped hand-held computers to update maps and ensure there is an accurate address list for the mailing of the census questionnaires.

With one of the shortest questionnaires in history, the 2010 Census asks for name, gender, age, race ethnicity, relationship, and whether you own or rent your home. It takes only about 10 minutes for the average household to complete. Questions about how we live as a nation – our diversity, education, housing, jobs and more – are now covered in the American Community Survey, which is conducted every year throughout the decade and replaces the Census 2000 long-form questionnaire.

Responses to the 2010 Census questionnaire are required by law. All responses are used for statistical purposes only, and all are strictly confidential.

Ms. Ensley stated that she would like to establish a “complete count committee” in Martin County and she would like the Board to name a liaison to work with her and this committee. Chairman Smith named Linda Hardison, Clerk to the Board, as the liaison.

COMMUNITY ROAD

Mrs. Beverly Turner of Tommy’s Lane addressed the Board concerning the terrible roads in this subdivision. She was asking for help in getting these roads added to the State Maintenance System. She expressed concern about fire, rescue, school buses, and Waste Industries using these roads. She read a statement from a lady (Gloria Walton) who is handicapped and has to take her son to the bus stop in her motorized chair.

Commissioner Hurst explained that the first thing the Department of Transportation will look at is the year the road was put in. He stated that DOT will not consider maintaining these roads if they were put in after a certain date.

Manager Overman explained that the County can have a subdivision ordinance without having county-wide zoning. He was then instructed to research this type of ordinance and report his findings at the next meeting.

ABC BOARD UPDATE

Mr. Don Norman, Chairman of the Martin County ABC Board, presented the following information concerning sales at the Martin County ABC stores.

Sales 6-30-09 6-30-08 6-30-07Retail Stores $1,536,472 $1,487,098 $1,422,572Mixed Beverage 56,356 49,618 59,277

Total $1,592,828 $1,536,716 $1,481,849

Funds Distributed to CountyBottle Tax $ 6,675Sales Tax (Remitted from State) 47,790Law Enforcement 2,266Profit Distribution $35,000 total 26,250

Total $ 82,881

Funds Distributed to StateExcise Tax (25%) $ 303,207Sales Tax 63,320Human Resources & Revenue 12,544

Total $ 379,071

Taxes a % of Sales 21%Purchases as % of Sales 55%

Total 76%

Mr. Norman ended is presentation by discussing privatizing and consolidation-forcing mergers.

ECONOMIC DEVELOPMENT – NEW DIRECTOR

Mr. Marvin Davis, new Executive Director of the Martin County Economic Development Corporation, appeared before the Board to introduce himself. He explained that he will continue to emphasize teamwork and cited the recent Domtar proceedings. Mr. Davis explained that he learned to work hard at an early age by helping on the family farm. He stressed the use of our natural resources.

OLD BUSINESS

Albemarle Mental Health Update: Manager Overman explained that he had sent a letter to Leza Wainwright with the NC Division of mental Health regarding the June 30, 2008 audit of Albemarle Mental Health. There are questions about the funds that had been “restricted” for the pensions of the tideland employees that went to work for Albemarle. He then passed out a letter he received from Ms. Wainwright.

She said: “Division and Albemarle staff have been working diligently with Mr. Mason L. Spruill, CPA, the auditor contracted by the Albemarle Board of Directors to prepare the 2008 audit. We have reviewed preliminary drafts of some of the schedules and have prepared the required Management Discussion and Analysis, pending final audited numbers, but the final report has not yet been completed by Mr. Spruill. We have contracted with another firm, Martin and Starnes, to complete the audit for the fiscal year ending June 30, 2009, but of course their ability to proceed is limited by the necessity of having the 2008 audit as a starting point.

We do still plan to refer the final audit for 2008, once completed, to various agencies for review. Those agencies will include the Office of the State Auditor and the Justice Department. The Local Government Commission has been very involved and very helpful in trying to ensure that the 2008 audit is completed in a thorough fashion as quickly as possible.

I will certainly let you know when the 2008 audit is completed and will make sure that the county managers from all ten counties receive a copy at that time.”

In a recent email, Ms. Wainwright added the following information.

“We have recently discovered that the merger documents prepared for the merger of Albemarle and Tidelands by the law firm of Stubbs and Perdue, PA were modified by Mr. Franklin and Ms. Moore as they related to the tideland funds for post-employment health benefits. The attorneys prepared the papers to require those funds to be deposited into a separate interest-bearing trust account but Mr. Franklin and Ms. Moore modified the documents by hand to permit the fudns to be deposited into the Albemarle fund balance and restricted. The funds were deposited into the Albemarle fund balance, but they were not restricted. We intend to ask the regulatory agencies to determine whether the Albemarle and Tideland Boards of Directors had delegated authority to

Mr. Franklin and Ms. Moore, respectively, to make those types of modifications to the legal documents. Of course, we will also ask about the fact that even the modified documents required the funds to be restricted, and that did not occur.”

Long Range Plans Update: At the last meeting, the Commissioners chose Friday, December 4, 2009 and the first date for a long range planning meeting. After looking at the options presented by the Extension folks, the board chose Wednesday, February 3, 2010 for the second meeting.

Update on Quintiles Grant: At the last Board meeting, Mr. Bobby Stalls appeared during the public comment period and raised several questions regarding grants provided to different groups on behalf of Quintiles.

One of the questions asked was “Have all of the performance criteria been met for the One NC Grant?” Manager Overman explained that the performance criteria set out in the grant documents included:

The Company will build and operate a facility as described in the application. The Company will create and maintain as part of the Project 60 new permanent full-time

jobs within three years from the date the grant was awarded. The Company will provide health insurance for all permanent full-time jobs in at least the

minimum amount required for eligibility for tax credits under the William S. Lee Act in G.S. 105-129.4(b2).

The Company will make a privately funded investment that will amount to at least $408,000 within three years from the date the grant was awarded.

The proceeds of the grant may be used only to offset those specific expenses listed in the statute that appropriates the funds to DOC.

Release of any grant funds is contingent on the Company providing verification that the Project has received all of its required environmental permits, if any.

The grant states that funds may be disbursed in four installments based on creation and maintenance of the new jobs and satisfaction of other performance criteria. To date we have not received a request from Quintiles to drawdown any of these funds from the Department of Commerce so therefore we have not done so. Based on unofficial information the Manager expects that have not requested funds because job creation and other performance criteria have not been met. Manager Overman will follow up with Quintiles and determine whether they intend to meet the requirements or not and if not will have Commerce deobligate the funds set aside for this project.

Another question that Mr. Stalls asked was “What fund monies (Golden Leaf, One NC, NC Rural Center) have been distributed to Quintiles or Martin County EDC through Martin County?” Manager Overman stated that Martin County has provided no funds to either Quintiles or Martin County EDC in regards to this project.

Mr. Marvin Davis, Executive Director of Martin County EDC, explained that there are 23 employees working for Quintiles. He said Quintiles made a good faith intent to employ 60 people but due to the bad economy they could not. They are still trying to get additional work

for this site. He explained further that the cost of renovations to the building for this project was $741,831.37. Quintiles received two grants to be used for the renovations and they were $250,000 from the Rural Center and $400,000 from Golden Leaf. Both of the grants combined did not cover the cost of renovations.

NEW BUSINESS

Budget Amendment 4: Sheriff Gibbs explained this grant is to be used to buy computers to go in the cars. Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, to approve Budget Amendment 4 as presented. The motion was unanimously APPROVED by the Board.

BUDGET ORDINANCE AMENDMENT – 4

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, 2010.

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

Increase DecreasePublic Safety

Sheriff $25,757

This will result in an increase of $25,757 in the expenditures of the General Fund. To provide an increase for the revenue above, the following revenues will be changed.

Restricted $25,757

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 Foreclosure Bid: Martin County has foreclosed on three parcels of property owned by Eddie Mitchell Brown and Annetta Marie Brown for failure to pay taxes on these parcels. Two of them are located on the Lum Brown Road and the other is located on Sandy Hill Lane. The current value fo the three properties combined is $39,500. They are unimproved lots with the exception of an outbuilding located on one of the Lum Brown Road properties.

The properties were bought by Martin County at the foreclosure sale for the taxes and fees owed which amounts to $11,683.07. Mr. Richard G. Whitfield and Mr. Jeffery E. Wynn have requested the bid be assigned to them for payment in the amount of $11,683.07. If the Board assigns the bid, the county will get the funds owed to the county and the property is placed back on the tax scrolls. If the bid is not assigned, the county will auction the properties probably next spring unless they are sold through some other method prior to that time.

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Price, to assign the bid to Richard G. Whitfield and Jeffery E. Wynn in the amount of $11,683.07 as requested. The motion was unanimously APPROVED by the Board.

Water District 2, Phase 2 – Award Bid: Manager Overman explained that the bids for this project were opened September 10th. Engineers with Rivers and Associates have been looking at the bids and have found errors in the low bidders. The Manager has been consulting with Attorney J. Melvin Bowen and asking for help from the School of Government to determine how to handle this situation. Manager Overman explained that the Board will need to call for a special meeting next week to award these bids in order to get them to the Local Government Commission for approval.

Water District 2, Phase 2 – Tiered Tap Fee: Manager Overman explained that potential customers were allowed to “sign-up” for $75 until bids were solicited. After that date, customers have to pay the $550 tap fee. This was following what had been done in the past.

Manager Overman spoke with someone recently who described a tiered system that they used in a similar project. The explained the system by the following example.

Early sign-up fee until bids solicited - $75 Reduced tap fee after bid award and prior to construction beginning - $250 Reduced tap fee between construction beginning and completion of construction - $400 Regular tap fee after construction completed - $550

These fees and the timing issues would have to be worked out with the contractor, and they would have to agree to the dollar amounts. The whole concept is predicated on the tap fee in the bid being less than our current tap fee of $550. Water Manager Phil Peaks looked at District 2, Phase I and said it was in the $250 range.

Manager Overman explained further that many times people are skeptical about something until they see it happening. If this plan is put into place, it would allow customers to take advantage of a lower tap fee even if they did not sign up originally. This concept has been presented to the Water Advisory Boards, and they agreed that it was a good idea and recommended that you approve it, because it is a good way to attract additional customers.

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Price, to approve the concept of a tiered water tap fee as presented. The motion was unanimously APPROVED by the Board.

Water Authority Advance: The Water Authority is beginning to move forward at a fairly quick pace. The only source of revenue that the Authority has is the $3 per customer per month surcharge that the water district and Town of Williamston customers are paying, as well as grant funds that have been received. One such grant is the Rural Center grant for the “Penco” well project which is a $429,000 grant. It requires a $151,000 match. The river bank well drilling has produced positive preliminary results. As a result, the Authority is going to be moving forward with additional testing there that they had not counted on.

The Authority is using the surcharge money to pay ongoing engineering fees in the planning and design of this project. They decided to finance the match for the well project to spread out costs. Finance Officer Cindy Ange has been working on this for the Authority and has been in contact with the Local Government Commission. The Authority can enter into an installment purchase contract with a bank, but in talking to the LGC officials it was found out that the county or the town could also loan funds to the Authority. That option would be more desirable particularly since the only revenue stream the Authority has at this time are the contributions being made by the county water districts and the town.

Manager Overman asked if the county would be willing to consider making a loan to the Water Authority at market rate interest rates for three to four years in an amount between $151,000 and $250,000. The proper paperwork would be drafted and signed as well as approved by the LGC.

Vice Chairman Lilley made a MOTION, with a SECOND by Commissioner Bowen, to approve the request of the Water Authority for a loan at market rate interest for three to four years for an amount between $151,000 and $250,000. The motion was unanimously APPROVED by the Board.

Abandon DOT Right of Way: Manager Overman stated that he has been contacted by Mr. Steve Taylor of Tarboro. Mr. Taylor, along with his brother, owns property adjoining either side of Huldy Taylor Lane (SR 1101) for the last twenty (20) yards. Mr. Taylor has also been in conversation with NCDOT officials, and he is requesting that DOT abandon their right-of-way for the last twenty (20) yards and the county close that portion of the road.

Manager Overman has spoken with Mr. Darrick Lee, NCDOT District Engineer, and he indicated that they would not move forward with the process unless they also received a resolution from the county commissioners stating they had no objection to the request. If NCDOT abandons the right-of-way, the county will have to follow the procedures for closure of that portion of the road as outlined in G.S. 153A-241. Since there will be significant advertising costs involved, the Board may want to have the Taylors reimburse the costs since this is at their request and for their benefit.

The following resolution was prepared for Board consideration.

RESOLUTION TO CONSIDERREQUEST TO ABANDON A PORTIONOF SR 1101 (HULDY TAYLOR LANE)

FROM THE STATE MAINTAINED SYSTEM

Road Description: 20 yards at the dead end of SR 1101, Huldy Taylor Lane This portion of the road being bordered on both sides by property owned by Steve A. and William W. Taylor.

WHEREAS, Steve A. and William W. Taylor have petitioned the North Carolina Department of Transportation requesting that the above described road be abandoned.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Martin County that the North Carolina Department of Transportation is hereby requested to consider the abandonment of the above described portion of road.

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Price, to approve the Resolution to Consider Request to Abandon a Portion of SR 1101 (Huldy Taylor Lane) from the State Maintained System as presented. The motion was unanimously APPROVED by the Board.

Transit Sales Tax: Manager Overman informed the Board that the General Assembly passed House Bill 148 entitled An Act To Establish A Congestion Relief And Intermodal Transportation 21st Century Fund; To Provide For Allocation of Those Funds To: (1) Local Governments And Transportation Authorities For Public Transportation Purposes, (2) Short-Line Railroads, For Assistance In Maintaining And Expanding Freight Service Statewide, (3)Railroads For Intermodal Facilities, Multimodal Facilities, And Inland Ports, (4) Make Capital Improvements On Rail Lines To Allow Improved Freight Service To The Ports and Military Installations, (5) Expand Intercity Passenger Rail Service; To Extend levels Of Local Transit Funding Authorization To Three Urban Regions; And To Allow Other Local Governments Options For Local Transit Funding. It is now codified as Session law 2009-527.

This bill among other things allows counties to obtain an additional source of revenue with which to meet the needs for financing local public transportation systems by providing the authority to levy sales and use taxes after approval in a referendum. Several counties may levy up to a one-half percent sales tax, but Martin County and most other counties con only levy up to a one-quarter percent tax. This additional sales tax can only be levied if a majority of those voting in a referendum vote for the levy. After that vote, the county commissioners may levy the tax by resolution. NCGS 105-510.16(b) states that “A county or a municipality may use funds received under this Part only for financing, constructing, operating, and maintaining public transportation systems. Every unit of government shall use funds to supplement and not to supplant or replace existing funds or other resources for public transportation systems.”

The bill also appears to allow the levy of a county vehicle registration tax with a maximum of $7.00 per year. It also appears to state that the funds cannot supplant or replace existing funds or other resources for public transportation systems.

While this bill may prove to be beneficial to some counties at this time and maybe Martin County in the future, Manager Overman stated that he did not see any benefit to Martin County at this time. He said that he did not put this item on the agenda as a recommendation for the tax but only as a means of making the Board aware that it is available.

Commissioner Hurst stated that he could not see putting another tax on the people with the economy in its present condition. No action was taken.

Invitation to Serve – Teaching Fellow Committee: Clerk to the Board Linda Hardison stated that she had been asked to see if any of the Commissioners were interested in serving on the candidate screening committee for the North Carolina Teaching Fellow Program. These committees conduct candidate interviews at eight locations across the state during the month of February. This entails devoting one entire Saturday during the month of February, 2010. Chairman Ronnie Smith and Commissioner Derek Price both indicated a willingness to serve.

Request for Funds – Korean War Memorial: Manager Overman explained that he had been contacted about assisting with constructing a North Carolina Korean War Memorial in Mint Hill, North Carolina. The request was for $1,600. This information was submitted during the budget process but was never included in the budget. The Board decided that Martin County has its own memorial and they will not participate.

BOARD REPORTS

Commissioner Hurst stated that he attended a meeting of the Martin Community College Board of Directors last week. Representative Edith Warren was there to present a $50,000 check from the North Carolina Tobacco Trust Fund to the college to be used in the implementation of a new phone system.

Commissioner Bowen asked if the county has lost the Transit Grant monies. Manager Overman stated that he is trying to not lose this money. Commissioner Hurst asked if this money could be used to make improvements to the present building. Manager Overman was asked to check on this.

Commissioner Price informed the Board that there is a study being conducted on the jail population. He said the Commission is working on making some aggravating things not so aggravating. They are also working on the concept of electronic monitoring. Chairman Smith indicated that several counties have talked to him about the regional jail concept.

CLOSED SESSION – INDUSTRIAL LOCATION – G.S. 143-318.11(a)(4)

Commissioner Bowen made a MOTION, with a SECOND by Commissioner Price, to go into Closed Session to discuss industrial location according to G.S. 143-318.11(a)(4). The motion was unanimously APPROVED, and the Closed Session began at 9:10 p.m.

ADJOURNMENT

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Bowen, to end the Closed Session. The motion was unanimously APPROVED by the Board, and the Closed Session ended at 9:24 p.m.

No action was taken in Closed Session.

The Board was reminded about the Flu Shot Clinic on October 6 th and the Homecoming Parade on Saturday, September 19, 2009.

With no further business to discuss, Commissioner Bowen made a MOTION, with a SECOND by Commissioner Price, to adjourn the meeting. The motion was unanimously APPROVED, and the meeting was adjourned at 9:27 p.m.

The next regular meeting of the Martin County Board of Commissioners is scheduled for Wednesday, October 14, 2009 at 7:00 p.m. in the Board Room of the Martin County Governmental Center, 305 East Main Street, Williamston, North Carolina.

Ronnie Smith, Chairman

Linda G. Hardison, Clerk to the Board