Martin County Board of Commissioners

Martin County Board of Commissioners Regular Meeting July 8, 2009

The Martin County Board of Commissioners met in Regular Session on Wednesday, July 8, 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 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 Commissioner Bowen.

AGENDA APPROVAL

Chairman Smith stated that information regarding the voting delegate for the North Carolina Association of County Commissioners Annual Conference was received after the agenda had been set, and it is due before the August meeting; therefore, he would like to add this item to the Consent Agenda. He also asked that the Letter of Commendation for Mr. Cowan which is Item 5 under New Business be moved to Item 3 under Presentations. He then asked to switch items 7 and 8 because of switching out the projectors. Commissioner Price asked that Item 6 be moved after New Business. Commissioner Price indicated that he liked the presentations to follow the business sessions so that the Commissioners won’t rush through the business items because so much time was spent on the presentations.

Chairman Smith reiterated the changes to the agenda: NCACC Voting Delegate is added to Consent Agenda; Letter of Commendation is added to Presentations; and Items 6 and 7 is moved after New Business.

Commissioner Price made a MOTION, with a SECOND by Commissioner Hurst, to approve the agenda as amended. The motion was unanimously APPROVED by the Board.

PUBLIC COMMENTS

No one signed up for Public Comments.

At this time, Chairman Smith introduced the elected officials in the audience: Sheriff Dan Gibbs and Ms. Lylia Adams, Commissioner for the Town of Parmele.

CONSENT AGENDA

Commissioner Bowen made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the Consent Agenda as amended. The motion was unanimously APPROVED by the Board, and the following items were approved with this motion.

1. Minutes of the June 10, 2009 Regular Meeting and the June 24, 2009 Special Meeting.

2. Tax Collector’s Report for June, 2009. June, 2009 Year to Date

Property Taxes $ 68,150.55 $ 12,224,842.92 Motor Vehicles 110,788.47 1,395,477.43 3. Tax Relief Orders for June, 2009 in the amount of $322.50.

Year Levy Name Remarks Value Total 2008 Courtney Mary Ann E Wreck MV 4,605 72.99 2009 Fletcher Robert Lee Bill of Sale 2,435 38.59 2009 Harrison Frederick W Bill of Sale 4,910 41.49 2009 Meggison Jay Douglas High Mileage 840 13.31 2009 Peaks George Ronald High Mileage 4,275 35.70 2009 Powell William Gene High Mileage 1,750 14.62 2009 Roberson Keith Allen Bill of Sale 6,675 105.80

Total Relief Orders 322.50

4. Tax Refund Request – Jeanette B. Price: According to Tax Collector Christine Blevins, Ms. Price is requesting a refund for a bank garnishment that was issued in April 2009 for taxes owed for the years 2007 and 2008. This payment was applied to the wrong account. The bills represented by this garnishment were settled at a later date leaving a zero balance for the garnishment. North Carolina General Statute 105-381(a) (1) allows the release of a tax that is imposed through clerical error. Therefore, the Tax Collector recommended the taxes paid in error be refunded. The amount requested to be refunded is $1,864.06.

5. Declare Foreclosed Property Surplus: Tax Collector Christine Blevins has requested that foreclosed property, parcel number 07-01753, be declared surplus property so it can be sold.

6. Clerk’s Report for June 2009 was enclosed for informational purposes only.

7. NCACC Voting Delegate: Chairman Ronnie Smith was designated as the voting delegate for Martin County at the 102 Annual Conference of the North Carolina Association of County commissioners to be held in Catawba County, NC on August 27- 30, 2009.

PRESENTATIONS

JHS Softball Team: Commissioner Bowen had asked for the Jamesville High School Softball Team to be invited to the meeting so they could publicly be recognized. Chairman Smith asked Clerk Hardison to read the Resolution of Congratulations into the record. RESOLUTION OF CONGRATULATIONS 2009 JAMESVILLE HIGH SCHOOL SOFTBALL TEAM

WHEREAS, the Martin County Board of Commissioners has learned with great pride of the accomplishments of the Jamesville High School Softball Team; and

WHEREAS, the 2009 JHS Softball Team was an inexperienced group of ladies with only one player returning from last year’s team; and

WHEREAS, the 2009 JHS Softball Team spent considerable time trying to find the chemistry to make this group a “team”; and

WHEREAS, after losing two of their first three games, the JHS Softball Team won eleven consecutive games which earned them a spot on the road to the playoffs; and

WHEREAS, during the playoffs, JHS won 2-1 over Perquimans; 1-0 over Williamston; 4-0 over Camden and 5-1 over Manteo; and

WHEREAS, the victory over Manteo advanced the JHS Softball Team to the North Carolina High School Athletic Association Class 1-A State Championships at Walnut Creek; and WHEREAS, the JHS Softball Team fell 3-0 to North Johnston in the East Regional followed by a 5-0 decision to East Surry to end its 2009 season with an overall 15-6 finish.

NOW, THEREFORE, BE IT RESOLVED by the Martin County Board of Commissioners that the 2009 Jamesville High School Softball Team be publicly congratulated for its accomplishments, dedication and commitment and be remembered for years to come for its 2009 winning season.

Commissioner Bowen made a MOTION, with a SECOND by Commissioner Price, to approve the Resolution of Congratulations for Jamesville High School Softball Team as read. The motion was unanimously APPROVED by the Board.

A framed copy of the resolution was presented to the team and Coach Ritchie Ange along with congratulations from each of the Commissioners.

Finance Office – GFOA Award: Chairman Smith announced that the Martin County Finance Office has been awarded the prestigious Certificate of Achievement for Excellence in Financial Reporting for the eighteenth (18th) consecutive year. The award was presented to Finance Officer Cindy Ange with expressed appreciation to her and her staff.

Letter of Commendation – Glen Cowan: Commissioner Hurst requested a Letter of Commendation be written for Glen Cowan who was recently awarded a Lifetime Membership in the North Carolina Association of Rescue and Emergency Medical Services. This letter was presented to Mr. Cowan during the Board meeting to publicly recognize Mr. Cowan’s contributions to Martin County and its citizens.

The following letter was read into the minutes by Clerk to the Board Linda Hardison.

Dear Mr. Cowan:

On behalf of the Martin County Board of Commissioners, I would like to congratulate you on being awarded Lifetime Membership in the North Carolina Association of Rescue and Emergency Medical Services. This award was recently presented at the 53rd Annual Convention which was held in Greenville, NC.

The North Carolina Association of Rescue and Emergency Medical Services represents all one hundred counties and has been in existence fifty-three years. You have been a member of this organization thirty-four years. During this time you have capably served on the following committees: Constitution Committee – currently Chairman; Advisory Committee; Legislative Committee; Membership Committee; and Rescue Competition Committee.

Only twenty-four men and women have been chosen for this distinct honor. The Martin County Board of Commissioners wants to publicly acknowledge our grateful appreciation for all that you do for our community. Congratulations to you on this splendid tribute to your abilities, achievements and citizenship.

Commissioner Hurst displayed the award that was presented to Mr. Cowan at the 53rd Annual Convention, and each Commissioner thanked Mr. Cowan for his service to the citizens of Martin County.

PUBLIC HEARING – ROAP APPLICATION

Vice Chairman Lilley made a MOTION, with a SECOND by Commissioner Price, to open the Public Hearing on the Rural Operating Assistance Program (ROAP) application which will be submitted to the North Carolina Department of Transportation no later than August 7, 2009. The motion was unanimously APPROVED, and the floor was opened for comments at 7:32 p.m. Ms. Betty Jo Keel, Director of Martin County Transit, reviewed the programs included in the ROAP application.

1. Elderly & Disabled Transportation Assistance (EDTAP) Program provides operating assistance for the transportation of elderly and disabled citizens. This transportation assistance allow 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 activity, 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.

Since there were no comments from the public, the Commissioners discussed the increased need for these services which is due to the present economic situation. Charlotte Griffin, Mayor of Bear Grass, then asked if a citizen came to Williamston on one van, could not complete his business before that vehicle returned, did he have to return with that vehicle or could he return on another. Ms. Keel explained that a person could return on another vehicle if a seat was available. Then the Board suggested that it may be time to investigate the reinstatement of “The Loop”. This was a service of specific stops that ran on a regularly scheduled basis.

Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, to close the Public Hearing. The motion was unanimously APPROVED, and the Public Hearing ended at 7:37 p.m.

Commissioner Price made a MOTION, with a SECOND by Commissioner Bowen, to approve the ROAP application as presented. The motion was unanimously APPROVED by the Board.

OLD BUSINESS

Albemarle Mental Health: Manager Overman explained that as of July 1st East Carolina Behavioral Health is managing the Albemarle Mental Health LME. Martin County should see little difference. County checks will be written to Albemarle Mental Health and reports and presentations will be made by ECBH staff rather than AMH staff. The goal is for our citizens to receive at least the same, if not a higher, level of services.

Manager Overman has discussed with ECBH staff about the use of the county facility at the Health Department/Senior Center. It appears that they want to use the space that had been planned to be used by AMH. A meeting has been scheduled with one of the providers, Beaufort Regional Health Systems (Beaufort County Hospital), for next week to discuss this. Commissioners expressed concerns about the county providing free space to private providers and asked the Manager to investigate this. Long Range Planning Update: Manager Overman is still working with Mitch Owen, Cooperative Extension Service, to set a date in August or September for a planning session(s). The Board asked the Manager to delay this retreat until the winter months.

Manager Overman will be working with Finance Officer Cindy Ange and the department heads to put together a Capital Improvement Program (CIP) which is by definition “a multi-year forecast of major capital projects, their capital costs, financing sources and the impact of the projects on future operating budgets”. Most CIPs usually span five or six years with some extending 10 years into the future. Once the CIP is prepared, it will need to be updated annually.

DMV License Plate Agency Update: Manager Overman is moving forward with decisions regarding the License Plate Agency. He and Tax Collector Christine Blevins went to Edgecombe County to see how their operation is set up. The IT person from the state is expected to visit the proposed site soon and renovations should begin within the next couple of weeks.

Water District 3 Update: Manager Overman stated that he is working with The Wooten Company to prepare for informational meetings in Jamesville prior to the bond referendum which is scheduled for July 28, 2009. The meetings are scheduled for July 16th and 21st at the Jamesville High School auditorium at 7:00 p.m. There will be maps at the meetings to show where the proposed lines will run, discuss estimated rates, explain why the delay has occurred in moving this project forward, discuss the relationship with the Water Authority and answer any questions the attendees might have.

The Commissioners advised the Manager to be sure all the facts are presented to the people in the proposed water district so they will know the costs involved before they cast a ballot.

NEW BUSINESS

Budget Amendments: Manager Overman explained that these budget amendments are for the sole purpose of applying the 1% reduction to the Water District budgets.

BUDGET AMENDMENT ORDINANCE – 1

BE IT ORDAINED by the Martin County 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. The following amounts are hereby appropriated in the Enterprise Fund for the operation of the Water and Sewer District No. 1 and its activities for the fiscal year beginning July 1, 2009 and ending June 30, 2010, in accordance with the chart of accounts heretofore established for this district. Increase Decrease Water & Sewer District No. 1 Administration $ 1,768 Water Operations 453

Section 2. The following revenue is needed at this time in the Enterprise Fund for Water and Sewer District No. 1 for the fiscal year beginning July 1, 2009 and ending June 30, 2010. Sales & Services $ 2,221

Section 3. Copies of this budget ordinance shall be furnished to the Clerk and to the Finance officer to be kept on file by them for their direction in the disbursement of funds. BUDGET AMENDMENT ORDINANCE – 2

BE IT ORDAINED by the Martin County 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. The following amounts are hereby appropriated in the Enterprise Fund for the operation of the Water and Sewer District No. 2 and its activities for the fiscal year beginning July 1, 2009 and ending June 30, 2010, in accordance with the chart of accounts heretofore established for this district: Increase Decrease Water & Sewer District No. 2 Administration $ 1,275 Water Operations 338

Section 2. The following revenue is needed at this time in the Enterprise Fund for Water and Sewer District No. 2 for the fiscal year beginning July 1, 2009 and ending June 30, 2010. Sales & Services $ 2,222

Section 3. Copies of this budget ordinance shall be furnished to the Clerk and to the Finance Officer to be kept on file by them for their direction in the disbursement of funds.

Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, to approve Budget Amendments 1 and 2 as presented. The motion was unanimously APPROVED by the Board.

ABC Board Appointments: Commissioner Hurst made a MOTION, with a SECOND by Commissioner Bowen, to reappoint Don Norman and Roscoe Harris to the ABC Board for three-year terms which will expire July 30, 2012. The motion was unanimously APPROVED by the Board.

NACo Voting Credentials: Vice Chairman Lilley made a MOTION, with a SECOND by Commissioner Hurst, to select Chairman Ronnie Smith as the Voting Delegate and Vice Chairman Elmo “Butch” Lilley as the alternate to the 2009 NACo Annual Conference and allow the NCACC President or his designee to pick up the ballot in case neither of the delegates pick up the ballot. The motion was unanimously APPROVED by the Board.

Board of Education – Construction Bonds: Manager Overman included the following information is each Commissioner’s packet for this meeting.

“ Several weeks ago when I attended a workshop in Kinston about the American Recovery Reinvestment Act of 2009 (ARRA) one of the presenters mentioned a new component called Qualified School Construction Bonds which they indicated would be either low or no interest bonds. I spoke to Dr. Daly on my return trip home about these to see what he knew. He indicated at that time he had just heard of them but they did not have any information about them yet. They have since received a memo and package from the Department of Public Instruction (DPI) outlining the program. I have attached a copy of that memo and the information sent with it. This information was presented to the School Board on Monday night, June 29. I have also attached Dr. Daly’s cover sheet presented to his board members.

In reading the materials you will see that Martin County has been allocated $1,306,333.94 in bond proceeds that must be used for construction (including new construction, rehabilitation, or repair of a public school; or for land acquisition for such a facility. To be eligible for these funds, an application must be submitted to DPI no later than July 31, 2009. The bonds must be issued by December 31, 2009 and the proceeds spent within three years of the issue date. Funds not applied for will be reallocated to other school districts that have applied. I have attached a memo from Dr. Daly to me indicating that the Board of Education has passed a motion to apply for the funds and have specified the funds received should be applied towards the construction of a school to replace the current Williamston Middle School. The Board has requested that the Board of Commissioners approve the submission of the application. With the memo is a proposed spending plan and project schedule.

I will try to summarize in bullet format what I think are important points about the program and the proposed project:  This is $1.3 million in bonds that have to be paid back. It is interest free however. If the bonds were paid back over twelve years it would cost approximately $109,000 per year.  The proceeds can be used to purchase land and to pay for design services but not for a future project. These activities have to occur as part of the overall project and the school facility would have to be built within three years of the bond issuance.  Other financing would have to be arranged for the remaining costs of the project.  The Commissioners would have to commit to this project of building a new middle school by December 31, 2009 before this project could proceed.  According to Dr. Daly an application for this project could be submitted but the project could be changed prior to the December 31 deadline if the Commissioners were not ready to support the construction of a new middle school. By submitting an application we could preserve the access to this interest free money.”

Dr. Daly was present to answer questions. Commissioner Price asked if these monies were already earmarked for the Williamston Middle School and if this decision was unanimous. Dr. Daly said he has been designated for the Middle School. Mr. Harrell wanted to delay any decision because if felt that the School Board did not have enough time to study these low or no interest bonds. However, Dr. Daly indicated that he had to respond by July 31st and if they were interested it had to go before the County Commissioners. Mr. Harrell and Mr. Heath voted against this decision.

Dr. Daly pointed out this is not “free” money and it must be paid back. However, this money can be put in the bank and the interest from the money can be used to pay off the loan.

Commissioner Price then asked if the application is approved, can the plans be changed. Dr. Daly explained that he had already inquired about this and was told it is “assumed” the plans could change but DPI is “not sure”.

Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the Board of Education’s application for the Qualified School Construction Bonds. The motion was unanimously APPROVED by the Board.

Authorize Grant Application – Moratoc Park: David Hodges, Mid-East RC&D Council, has prepared another grant application for the Moratoc Park Improvements project. This is an application for another pot of money for this project, not additional work or improvements. If Martin County is successful in obtaining this federal grant, it can be matched with anything other than federal funds, according to Mr. Hodges. The total project cost is different from the PARTF grant application because there were some expenses in the original application that are not eligible for funding in this program.

Since the Town of Williamston is co-applicant for this project, they have submitted a letter of support to go with the application. The following resolution must be approved and submitted with the application. RESOLUTION

WHEREAS, the Martin Board of County Commissioners desires to sponsor the Moratoc Park Water-based Recreation Site Development Project, in Williamston, NC, the Board wishes to demonstrate its support through the official adoption of this resolution.

WHEREAS, the community and surrounding region has undergone a number of economic changes over the last several decades that increases the importance for our leaders to explore new opportunities for economic and environmental sustainability;

WHEREAS, the historical significance and sentimental value attachment to the Moratoc Park site offers Martin County and the Town of Williamston the unique opportunity to engage in such partnership that will enhance recreational and eco-based community development for citizens and visitors to this Tier 1 economically distressed County and its surrounding region.

WHEREAS, the planned activities will increase water-based recreation and access to the Roanoke River and Moratoc Park by offering the following improvements:  Renovations to the Community-use building that includes foundation improvements, structure reinforcements, floor improvements, and restroom renovations to comply with ADAAA accessibility and to protect the natural scenic resources of the property and provide accessibility to the Roanoke River;  Renovations to the attached fishing pier to increase passive recreation and meet ADAAA compatibility;  New construction for a canoe/kayak launch site to improve safety and promote water based eco-tourism;  New construction of a picnic shelter/outdoor restrooms for trail-head improvements and usage by recreational boaters;

NOW, THEREFORE, BE IT RESOLVED THAT:

1) The Board requests the State of North Carolina to provide financial assistance to the Martin Board of County Commissioners Moratoc Park Water-based Recreation Site Development Project in the amount of $295,675.00, or 50 percent of project construction cost, whichever is the lesser amount;

2) The Board assumes full obligation for payment of the balance of project costs;

3) The Board will obtain all necessary State and Federal permits;

4) The Board will comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments.

5) The Board will supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications;

6) The Board will obtain suitable spoil disposal areas as needed and all other easements or rights-of-way that may be necessary for the construction and operation of the project without cost or obligation to the State;

7) The Board will hold the State harmless from any damages that may result from the construction, operation and maintenance of the project;

8) The Board accepts responsibility for the operation and maintenance of the completed project.

Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, to approve the Resolution – NC Division of Water Resources Water-Based Recreation Site Development Grant Application as presented. The motion was unanimously APPROVED by the Board. Approve Participation in Regional Hazard Mitigation Plan: Manager Overman reminded the Board that five years ago the county, along with all of the municipalities within the county with the exception of Williamston, prepared and adopted a Multi-jurisdictional Hazard Mitigation Plan. This plan was required for future FEMA funding and provided a plan to use in preparing for natural and man-made hazards. Martin County received a grant to pay the majority of the cost. Williamston prepared its own plan prior to the county plan being prepared.

The plans have to be updated every five years and occasionally grant funding is available to help pay for the plan. Martin County applied for funds at the same time an application was submitted for the elevation project at Moratoc. Unfortunately funding for the update to this plan was not approved. However, the state has grant funds available to pay for a regional plan. Originally, we were looking at a regional plan for Beaufort, Martin, Tyrrell and Washington counties, but Beaufort received funding for a single county plan. The remaining three counties are now ready to move forward with the project with the majority of the funds coming from state and federal monies. It appears the most the plan will cost is approximately $42,000 with the grant being at least $30,000. The remaining $12,000 would be borne by the three counties and the municipalities within those counties. Manager Overman recommended the Board authorize staff to continue moving forward with the regional plan concept with Tyrrell and Washington counties. Washington County has agreed to administer the grant project. If approved, the county will contact the municipalities and advise them that we will be moving in that direction.

The Town of Williamston has submitted a letter indicating their desire to participate in the regional plan. Their current plan will expire before the regional plan is completed so they have been advised by the state that they could be added to our existing multi-jurisdictional plan by having their plan incorporated into the county’s plan. This can be done by the Board of Commissioners adopting the following resolution.

RESOLUTION OF MARTIN COUNTY ALLOWING TOWN OF WILLIAMSTON TO BE JOINED INTO HAZARD MITIGATION PLAN

WHEREAS, both the Town of Williamston and the County of Martin have Hazard Mitigation Plans as endorsed by North Carolina Emergency Management;

AND WHEREAS, the Town of Williamston has requested to join with Martin County in its Hazard Mitigation Plan so as to have a Multi-jurisdictional Plan and the County has agreed that it will be beneficial to its citizens, the State of North Carolina and FEMA that this Multi-jurisdictional Plan be in effect and include the Town’s Plan;

BE IT RESOLVED by the Board of Commissioners of Martin County that the Town be joined into the County’s Hazard Mitigation Plan and that the Town’s plan be approved and incorporated into the County’s Plan.

Commissioner Hurst made a MOTION, with a SECOND by Vice Chairman Lilley, that the County of Martin move forward with the Regional Hazard Mitigation Plan and to approve the Resolution of Martin County Allowing Town of Williamston to be Joined into Hazard Mitigation Plan. The motion was unanimously APPROVED by the Board.

Approve Work Authorization 13 – LPA Group: The next scheduled project at the Martin County Airport is the construction of T-hangars. Mr. Terry Bumpus with The LPA Group has sent a letter indicating that the county should soon receive the funds necessary to move forward with this project. They would like to go ahead and begin the design services followed by bidding the project. As his letter indicates the bidding environment is excellent now with bids coming in significantly less than project estimates. This will surely change as the economy picks up.

This work authorization would be for the following:  Design $ 12,246  Bidding 4,748  Reproduction & postage 1,150  DBE Plan Preparation 4,715

This work authorization does not include the Construction Administration and Inspection services that will be necessary as we move into the construction phase of the project. These services will be in a future work authorization.

Commissioner Hurst made a MOTION, with a SECOND by Commissioner Bowen, to approve Work Authorization 13 with The LPA Group as presented and authorize the Chairman to sign the necessary documents. The motion was unanimously APPROVED by the Board.

Publish Tax Rates: Commissioner Hurst stated that he had asked for this item to appear on the agenda. Manager Overman explained that the North Carolina Association of County Commissioners are compiling these figures and they are not ready. This item will be on next month’s agenda.

Resolution of Memoriam – Judge Clifton E. Johnson: The following resolution was prepared in memory of Judge Clifton E. Johnson.

RESOLUTION OF MEMORIAM JUDGE CLIFTON E. JOHNSON

WHEREAS, the Martin County Board of Commissioners has learned with deep regret of the untimely death of Judge Clifton E. Johnson; and

WHEREAS, Judge Johnson is Martin County’s native son, being born in Williamston on December 9, 1941; and

WHEREAS, Judge Johnson began his education in the county schools; and

WHEREAS, Judge Johnson furthered his education at North Carolina Central University earning an undergraduate degree as well as his Doctor of Jurisprudence; and

WHEREAS, Judge Johnson will be remembered for his history making by being the first African American to:  Be hired as an Assistant State Prosecutor for North Carolina  Serve as District Court Judge for Mecklenburg County  Serve as Chief District Court Judge  Be appointed to the North Carolina Court of Appeals; and

WHEREAS, Judge Johnson was a devoted family man, retiring from the bench to tend his ailing wife of 43 years; and

WHEREAS, Judge Johnson has faithfully served the citizens of this State and improved the quality of life for the citizens of North Carolina.

NOW, THEREFORE, BE IT RESOLVED, that the name of Judge Clifton E. Johnson be entered into the rolls of those who have gone from our midst this year so that he may be remembered thereof.

Commissioner Bowen made a MOTION, with a SECOND by Commissioner Hurst, to approve the Resolution of Memoriam – Judge Clifton E. Johnson as presented. The motion was unanimously APPROVED by the Board. RECESS

At 8:30 p.m. Chairman Smith called for a short recess.

ENERGY SYSTEMS GROUP PRESENTATION

Chairman Smith called the meeting back to order at 8:40 p.m.

Mr. James Bennett of Energy Systems Group presented his Preliminary Audit Findings for energy savings. Before his presentation he introduced Mr. David Ames, Regional Director of Energy Systems Group.

Mr. Bennett began his presentation by reviewing slides of areas that need to be addressed. Following this, Mr. Bennett outlined his recommendations for cost savings as follows:  Lighting – Upgrade T-12 lights magnetic ballast to T-3 Electronic ballast.  Controls Upgrade  Install new programmable communicating thermostat (secept GC)  Water Conservation – install low flow aerators and flush valves  Install UV disinfection light system  Retro commissioning HVAC equipment and systems  Upgrade cooling tower to a variable speed drive (GC)  Distribution Loop retrofit-convert from constant volume to a variable volume system (remove existing booster pumps and primary loop pump and replace with new inverter duty motor complete with variable speed drive, remove existing 3- way control valves and replace with 2-way control valves) (GC)

Capital Improvements  Remove and replace water source heat pumps (GC/COB/KOB)  Remove and replace electric boiler with new high hi-efficiency unit  Electrical Upgrade health Department

Summary  Recommendations for changes in operation and maintenance systems  Assistance with Capital Projects (Mental Health)  Upgrade in facilities without incurring Constitutional Debt  Savings of time and resources of Martin County staff  Guaranteed utility savings of 26% or $35,045.00 per year

Mr. Bennett stated that in addition he will talk with Dominion Power to see if they have any cost savings plans in place.

The Board thanked Mr. Bennett for the presentation. He was encouraged to continue his investigation. The Board would like to meet with him again to hear his recommendations after he has completed his investigation and discussed it with the Manager.

UPDATE ON WATER AUTHORITY

Manager Overman explained that the Martin County Regional Water and Sewer Authority is at the point of making some major decisions and will be seeking significant funds for the purpose of providing safe and abundant drinking water for the citizens of Martin County for many years into the future. The Wooten Company has just completed updating some information that was compiled for the County Water Resources Plan that was prepared about five years ago to more accurately reflect actual data. As a result of that review it appears that while slightly more expensive over time the most desirable option is to continue proceeding with the surface water treatment plant. That is the recommendation of the Authority.

The contractor has been authorized to drill test wells along the river to see if we will be able to move forward with the riverbank infiltration process or if we will have to have an intake structure placed in the river. The contractor will be doing the drilling as soon as the river levels subside. Mr. Chris Thomson with The Wooten Company presented the following information concerning Water Treatment Plant Alternatives.

CCPCUA (Central Coastal Plain Capacity Use Area) Rules  Effective August 1, 2002  Intent - protect long term productivity of Cretaceous Aquifers - allow the use of ground water at a rate not exceeding the recharge rate  Withdrawal reductions in 3 phases over 16 years

Zone Phase 1 Reduction Phase 2 Reduction Phase 3 Reduction August 1, 2008 August 1, 2013 August 1, 2018

Dewatering Zone 25% from base rate 50% from base rate 75% from base rate

Salt Water 25% from base rate 50% from base rate 75% from base rate Encroachment Zone

Declining Water 10% from base rate 20% from base rate 30% from base rate Level Zone

Permitting Only Zone N/A N/A N/A

NEED: Demand is expected to exceed supply in 2015.

ALTERNATIVES

Notes: 1. Costs are Preliminary and in 2009 dollars. Do not use for construction. 2. Capital and O&M costs shown do not include finished water transmission. 3. Costs for Options 1 and 5 assume Castle Hayne water would not require iron removal in addition to softening.

Option 1: 2 MGD (million gallons per day) Castle Hayne Aquifer Water Treatment Plant and Well Field – a well field located over the Castle Hayne Aquifer west of Jamesville.

Water Quality and Operations: (+) Regional familiarity with softening plants (-) High hardness & possibly iron, both requiring treatment (?) Salt water encroachment

Water Quantity: (+) Sustainable up to 2 MGD (+) No pending limits on supply

Capital Cost for WTP & Raw WL: $ 10,875,000

Operation & Maintenance Cost (per 1000 gal) for WTP & Raw WL: $ 1.15/1000 gallons

Annual Loan Payment (28 yrs. @ 3.5% interest, assumes $2 million grant): $425,800

Annual Cost (Loan Payment + O&M @ 2 MGD): $ 1,284,800

Present Worth Cost (2009): $ 25,615,000

Option 2: 2 MGD Cretaceous Aquifers Reverse Osmosis Water Treatment Plant and Well Field – a reverse osmosis well field that draws in salty water to the southwest of Jamesville.

Water Quality and Operations: (+) Regional familiarity with Reverse Osmosis plants (-) High salt concentrations requiring treatment Water Quantity: (+) No current or pending limits on supply

Option 3: 2 MGD Roanoke River Water Treatment Plant – a raw water intake plant on the Roanoke River.

Water Quality and Operations: (-) Disinfection by-products (_) Operator availability

Water Quantity: (+) Abundant supply

Option 4: 2 MGD River Bank Infiltration Water Treatment Plant and Well Field – well intakes on the banks of the Roanoke River.

Water Quality and Operations: (+) Fewer issues with permitting intake

Water Quantity: (+) Abundant supply

Option 5: 4 MGD Castle Hayne Aquifer Water Treatment Plant and 1 MGD Black Creek Aquifer Water Treatment Pland and Well Fields – a well field in the Black Creek Aquifer south of Hassell and a well field at the Castle Hayne Aquifer west of Jamesville.

Water Quality and Operations: (+) Fewer disinfection by-products possible (-) Operator Intensive

Water Quantity: (+) No current or pending limits on supply

Annual Loan Payment (8 yrs. @ 3.5% interest, assumes $2 million grant): $602,400 Annual Cost (Loan Payment + O&M @ 2 MGD): $ 1,597,400

Major Concern: There may be restrictions on river upstream at some time so we need to tap into the river supply now.

The Board discussed the cost of water to the customers at length. The ultimate goal is to have a uniform rate for all customers. Mr. Bucky Moore of The Wooten Company explained that the Board needs to decide on the option of choice first and that will determine the water rate.

The Town of Williamston has gone on record supporting the surface water treatment plant.

USDA Funding

 Current USDA interest rate for loan is 3.5%  USDA funding package may include a grant up to 45% of project cost - Exact grant % for this project To Be Determined - Previous cap on grant was $2 million - Costs on previous information assumed just $2 million in grant  PER (Preliminary Engineering Report) is being completed for submission with funding request.

Following a lengthy discussion of water rates and the upcoming Bond Referendum for District 3, Commissioner Hurst asked representatives of The Wooten Company what their recommendation would be. They responded that they recommended the Roanoke River option.

Commissioner Bowen made a MOTION, with a SECOND by Vice Chairman Lilley, to choose either Option 3 or Option 4 depending on the results of the test drilling along the Roanoke River. The motion was unanimously APPROVED by the Board.

BOARD REPORTS

Due to the late hour, the Commissioners did not offer Board Reports.

CLOSED SESSION – PERSONNEL – G.S. 143.318.11(a)(6)

Commissioner Price made a MOTION, with a SECOND by Commissioner Bowen, to go into Closed Session to discuss Personnel according to G. S. 143-318.11(a)(6). The motion was unanimously APPROVED by the Board, and the Closed Session began at 10:19 p.m.

ADJOURNMENT

Commissioner Price made a MOTION, with a SECOND by Commissioner Hurst, to end the Closed Session. The motion was unanimously APPROVED, and the Closed Session was ended at 10:48 p.m.

No action was taken in Closed Session.

There was a short discussion about all of Commissioner Price’s outside boards meeting the same week. The Commissioners will work this out among themselves and possible switch the Boards they serve on. Commissioner Bowen discussed how late the Commissioners were receiving their packets for this meeting. He suggested that the Manager have Timmie Modlin deliver the packets each month.

Commissioner Hurst mentioned that the Board needs to look into hiring an Assistant Manager. He said they will start looking for someone in January.

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 10:52 p.m.

The next regular meeting of the Martin County Board of Commissioners is scheduled for Wednesday, August 12, 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