2007 - 10-15-07 Regular Meeting - Laserfiche WebLink

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BOOK 21 PAGE 852 much time working behind the scenes to assist with building and improving roads in Lee County. The Executive Committee feels that Mr. Keller is very deserving of this honor. The City of Sanford will also be considering a similar resolution at their October 16, 2007 meeting. If approved, the resolution will be forwarded to the Department of Transportation for consideration. After some discussion, Commissioner Reives moved to approve a Resolution Requesting the Board of Transportation Name A Portion of the 421 By-Pass From US 1 to NC 42 In Honor of Oscar A. Keller, Jr., a copy of which is attached to these minutes and by this reference made a part hereof. After some discussion, Commissioner Shook moved to table the matter and let the public have more input into the naming of the by-pass. Upon a vote of the tabled motion, the results were as follows: Aye: Paschal, Shook, and Smith Nay: Brown, Kelly, Lemmond, and Reives The Chairman ruled the motion had been defeated by a four to three vote. Upon a vote of the original motion to approve the resolution, the results were as follows: Aye: Brown, Kelly, Lemmond, Paschal, and Reives Nay: Shook and Smith The Chairman ruled the motion had been adopted by a five to two vote. The Board considered a tax appeal request from Patel Partnerships, Inc. (d/b/a Days Inn and Econo Lodge). Ms. Janet Smith, Attorney from Robbins May & Rich LLP spoke on behalf of Mr. Dipak Patel who owns the two above referenced hotels which are located in Sanford. Approximately $42,000.00 is owned in penalties for failure to file and pay a 3% occupancy tax for rentals at his businesses in February, March, May, July, August and December 2006. Ms. Smith stated Mr. Patel's failure to pay was the result of a clerical error by a new employee. According to law, revenue resulting from fines and forfeitures go to the local Board of Education. School Board Attorney Jimmy Love, Sr., objected to any relief being given to Mr. Patel "on basis of fact." After some discussion, Commissioner Reives moved to deny Mr. Patel's request to waive approximately $42,000.00 in penalties for failure to file and pay occupancy tax during 2006. Upon a vote, the results were as follows: Aye: Brown, Kelly, Lemmond, Paschal, Reives, Shook, and Smith Nay: None The Chairman ruled the motion had been adopted unanimously. Commissioner Reives discussed FY 2005 Community Development Block Grant funds. On August 13, 2007, the Finance Committee tabled a request from the Community Development Office until a written request was received asking that the Department of Community Assistance be notified that Lee County would not be participating in the FY 2005 Community Development Block Grant funding cycle. Community Development staff felt that due to problems encountered with the FY 2002 project, the County has not been able to access the FY 2005 funds. While the problems have been resolved with the 2002 project, the project cannot be closed until a financial statement for the year ending June 30, 2007 is received by the State, which will not be available until November. Funding for the 2005 cycle must be spent by December 31, 2007. Based on the timing for the closeout of the 2002 project, it does not appear the 2005 funds could be spent prior to December 31st, therefore, staff had asked a letter be sent to Division of Community Assistance