Camden
County Board of Commissioners
Regular Meeting
September 18, 2006
7:00 P.M.
Historic Courtroom, Courthouse Complex
Camden, North Carolina
MINUTES
The regular meeting of the Camden County Board of Commissioners was
held Monday, September 18, 2006 at 7:00 p.m. in the Historic Courtroom
in Camden, North Carolina. The following members were present:
Chairman Melvin J. Jeralds
Vice Chairman Clayton D. Riggs
Commissioners Jeffrey B. Jennings, Carolyn Riggs, and Mike Andrews
Also attending the meeting was County Manager Randell Woodruff, Clerk
to the Board Ava Murgia and County Attorney John S. Morrison.
Chairman Melvin Jeralds called the meeting to order. Commissioner Jeffrey
B. Jennings gave the invocation and led the Pledge of Allegiance.
Public Comments
Chairman Melvin Jeralds called for any comments from citizens or property
owners of Camden County wishing to present unscheduled items of concern
or interest to the Commissioners.
Perry Morrow, 150 Keeter Barn Road, requested an update on the South
Mills Fire Department meetings.
Hearing no further comments, Chairman Jeralds proceeded with the meeting.
Consideration of Minutes - July 17, 2006 Regular Meeting Minutes and
August 16, 2006 Work Session Minutes
Commissioner Clayton Riggs made a motion to approve the minutes of the
July 17, 2006 regular meeting and August 16, 2006 work session minutes,
subject to correction of typographical and technical errors. The motion
passed with Commissioners Jeffrey Jennings, Carolyn Riggs, Clayton Riggs,
Mike Andrews and Chairman Jeralds voting aye; no Commissioner voting
no; no Commissioner absent; and no Commissioner not voting.
Consideration of Agenda
County Manager Randell Woodruff requested Item VII. Presentation,
B. Dan Porter, Director of Planning, Updates be moved to Item
IX. Old Business and delete Item XIII. South Camden
Water and Sewer District Board of Directors Meeting from the agenda.
Commissioner Jeffrey Jennings made a motion to approve the agenda as
amended. The motion passed with Commissioners Jeffrey Jennings, Carolyn
Riggs, Clayton Riggs, Mike Andrews and Chairman Jeralds voting aye; no
Commissioner voting no; no Commissioner absent; and no Commissioner not
voting.
David Knight - MB Kahn Construction Company - Camden Intermediate School
-Construction Update
Mr. Knight stated that according to law, three (3) separate bids must
be received before bids can be opened and a contract can be awarded.
On September 13, 2006 two (2) bids were received but not opened. Bids
have been re-advertised and re-bidding is set for October 11, 2006 for
more competitive bidding.
Public Hearing – Ordinance No. 2006-09-02- Amendments to Article
151 of the Code of Ordinances
Commissioner Jeffrey Jennings made a motion to go into public hearing
to received comments from the public regarding Ordinance No. 2006-09-02.
The motion passed with Commissioners Jeffrey Jennings, Carolyn Riggs,
Clayton Riggs, Mike Andrews and Chairman Jeralds voting aye; no Commissioner
voting no; no Commissioner absent; and no Commissioner not voting.
Dan Porter reviewed the following changes regarding Ordinance No. 2006-09-02:
| Line Numbers |
Summary of Changes |
| |
|
| 37 – 39
|
Bona fide farms & parent to child subdivision
not subject to requirement to abut a state standard road |
| 59 – 60
|
Same as above as related to issuance of permits
|
| 64 – 71
|
Establishes a new zoning category for conservation
districts, restricting uses to bona fide farms, natural preserves,
and parks & open space. Actual districts to be determined at
later time.
|
| 81
|
Adds Old Swamp & Sandy Hook Roads to category
requiring additional 25 ft
setbacks
|
| 92
|
Reduces setback for accessory buildings from 10 to
5 feet
|
104 – 106
109 – 113
|
For modular homes in R-3 districts – eliminates
specific
dimensional requirements for porches, while maintaining existing square footage
requirements
|
121,123,125
|
Increases size of trees required to be planted when
landscaping is
required |
| 137 – 154
|
Per new authority granted by General Statutes – provides
ability to deny
or delay approvals if trees are clear cut “in anticipation
of development.
|
| 162 -178
|
Establishes requirement for major subdivisions to
permanently set aside a vegetative buffer of 50 ft, with 1) specific
planting requirements between development and farm land, and 2) a
25 ft cleared strip to allow maintenance
of farm ditch.
|
| 184
|
Requires certification blocks on preliminary plats
as well as final plats
|
| 193
|
Adds ditches and utility easements to maintenance
responsibilities of developer
and homeowners associations
|
| 208
|
Clarification of surveyor’s certification
|
| 131 & 222-1060 |
Additions, deletions, and existing unchanged language
The current UDO includes substantial redundancy in the processes for approving “major
subdivisions”, “common open space subdivisions”, “private
access subdivisions”, and “planned unit developments.”
The processes are basically the same with limited grammar differences with the
exception that Common Open Space Subdivisions and Planned Unit Developments include:
1) language outlining the purpose of each review stage, 2) preparation of a density
yield plan, and 3) inclusion of soil suitability tests in calculation of yield.
The recommendations consolidate these processes into one, in order to simplify
understanding the approval process, apply the same process to all subdivision
approvals, eliminate redundancy, and reduce pages of UDO.
|
| 275 – 278
|
Requires developer to hold a neighborhood meeting
as part of the sketch plan
review process.
|
| 1138 – 1140 |
Modifies standards for firing ranges so that size
of facility and hours of operation are established as required conditions
of the special
use permit. |
Willie Gallop, 460 Neck Road, inquired as to how he could get a
copy of the Ordinance and proposed changes.
Dan Porter stated the Ordinances are on the website and a copy can be
obtained from the Planning office and further stated a work session will
be held with the Commissioners on Monday, September 25, 2006 to discuss
their concerns in detail.
Hearing no further comments from the public, Commissioner Jeffrey Jennings
made a motion to close public hearing regarding Ordinance No. 2006-09-02.
The motion passed with Commissioners Jeffrey Jennings, Carolyn Riggs,
Clayton Riggs, Mike Andrews and Chairman Jeralds voting aye; no Commissioner
voting no; no Commissioner absent; and no Commissioner not voting.
Public Hearing -Ordinance No. 2006-09-01 – Ordinance Granting
an Extension to the Landfill Franchise Agreement
Commissioner Clayton Riggs made a motion to go into public hearing to
receive comments from the public regarding Ordinance No. 2006-09-01.
The motion passed with Commissioners Jeffrey Jennings, Carolyn Riggs,
Clayton Riggs, Mike Andrews and Chairman Jeralds voting aye; no Commissioner
voting no; no Commissioner absent; and no Commissioner not voting.
Chairman Melvin Jeralds called upon County Attorney John Morrison.
Attorney John Morrison explained what a public hearing is and what was
being heard regarding the extension to the landfill franchise agreement.
Chairman Melvin Jeralds called for comments from the public.
Kenny Swinson, Fire Chief for SMVFD, 118 Swinson Road, spoke in opposition
of extending the landfill franchise agreement.
O.C. Abbott, US 158, spoke in support of extending the landfill franchise
agreement.
Roger Lambertson, 162 Sand Hills Road, spoke in opposition of extending
the landfill franchise agreement.
George Taylor, 124 Chantilly Road, spoke in support of extending the
landfill franchise agreement.
Dennis Morse, 711B Main Street, spoke in opposition of extending the
landfill franchise agreement.
Don Chick, 110 Pine Street, spoke in support of extending the landfill
franchise agreement.
Hillary Leary, 253 Neck Road, spoke in opposition of extending the landfill
franchise agreement.
George Tarkington, 317 North 343, spoke in support of extending the
landfill franchise agreement.
Brian Forehand, 104 Beechtree Drive, spoke in support of extending the
landfill franchise agreement.
Robert McWilliams, 942 Sandy Hook Road, spoke in opposition of extending
the landfill franchise agreement.
Clarence Jennings, 14 Trotman Road, spoke in support of extending the
landfill franchise agreement.
Penny Morrow, 150 Keeter Barn, spoke in opposition of extending the
landfill franchise agreement.
Stephanie Schaad, 106 Wisteria, spoke in support of extending the landfill
franchise agreement.
Gene Lynstrom, 107 Deer Trail, spoke in opposition of extending the
landfill franchise agreement.
Gary Meiggs, 1081 North 343, spoke in support of extending the landfill
franchise agreement.
Tommy Reese, 301 Japonica Drive, spoke in support of extending the landfill
franchise agreement.
Joyce Hartman, 305 Ponderosa Drive, asked for a show of hands of those
in opposition of the landfill franchise agreement.
Marvin Myers, 109 Deer Trail, spoke in opposition of extending the landfill
franchise agreement.
Chairman Melvin Jeralds asked for a show of hands of those in support
of extending the landfill franchise agreement.
Hearing no further comments from the public, Commissioner Clayton Riggs
made a motion to close public hearing. The motion passed with Commissioners
Jeffrey Jennings, Carolyn Riggs, Clayton Riggs, Mike Andrews and
Chairman Jeralds voting aye; no Commissioner voting no; no Commissioner
absent;
and no Commissioner not voting.
Presentation- Update on Subdivision Moratorium
County Attorney John Morrison gave an update on the status of the current
subdivision moratorium.
Exterior Painting of County Complex Buildings
This matter was laid over from the August 21, 2006 Commissioners meeting
pending the results of the opening of the school bids on September 13,
2006. Because the school construction has to go out for re-bid, this
matter was laid over until the October 16, 2006 Commissioners meeting.
Community Park Update
The Commissioners approved $300,000.00 matching funds and submittal
of applications to both PARTF & LWCG for the Community Park project
on January 3, 2005 and March 21, 2005. Both applications were successful
with PARTF approving $300,000.00 and LWCF approving $95,366.00, subject
to an environmental assessment of the property. Prior to issuing a project
agreement an additional archeological study was required to determine
if special treatment needed to be included to accommodate potential historic
artifacts. The study was completed at a non-reimbursable cost of $6,449.75
and submitted to the State. The State determined that the site had no
significant historical requirements, and the project was released for
approval.
Project agreements were received on December 1, 2005, which is the official
start date. The project must be completed within three (3) years: December
1, 2008.
Both grants are 50% reimbursable. The county must pay invoices and submit
to the agencies for reimbursement with a turn around time of approximately
sixty (60) days. With the three (3) year completion date, it was determined
that the county should stretch the project over the three (3) year period
in order to minimize the financial impact of the local match on one or
another fiscal year budget. The FY2006 budget included $50,000.00 and
the FY 2007 budge includes $100,000.00 for a total of $150,000.00 of
the $300,000.00 matching requirement.
It is important to note that at the time a construction contract is
awarded, sufficient funds must be available to complete the project.
The project has moved slowly in the initial stage in order for the local
matching funds to accumulate.
Much of the design and engineering of the park project is being provided
by a local firm as a contribution to the project. A recent estimate from
another firm indicated a cost for engineering and project management
services to be in excess of $160,000.00. The “Fit Together” grant
from the Blue Cross/Blue Shield Foundation of NC has been awarded and
includes $20,000.00 for engineering services related to the park project.
The initial storm water management plans for the project were submitted
to DENR and denied because the school project showed a detention pond
already planned on the park property. After meeting with school project
officials and discussions with DENR staff, it was agreed that the school’s
pond could be expanded and moved slightly to accommodate a portion of
the park’s storm water, as long as it would not delay the school
project. Engineering for the pond is complete and has been submitted
for an official permit modification.
Due to the topography and layout of the park, a second detention pond
will be needed at the far end of the park. A contract has been executed
at the cost of $1,850.00 (reimbursable) to delineate wetlands on the
park site, and field work has been completed. The storm water plans will
be submitted as soon as the school’s permit modification is approved.
Upon approval of the park’s permit, a small clearing and grubbing
contract will be executed to begin the park.
The current goal is to have construction plans for the park completed
by January 1, 2007; begin construction of fields and tract as early
in the year as weather permits; and complete the project by summer 2007.
If portions of the project can be contracted separately within
local
matching funds availability, the project may proceed a little quicker.
Planning
Director Dan Porter reported on the following time line:
Time
Line
Community Park Project
•January 31, 2005
• March 23, 2005
• May 19, 2005
• August 9, 2005
• April 12, 2005
• September 15, 2005
• October 7, 2005
• November 30, 2005
• December 1, 2005
• June 7, 2006
• June 15, 2006
• Meeting with school architect & engineers
• Modification to school detention pond
o September 13, 2005
o September 18, 2005
o Permit approval within 90 days
• August 17, 2006
• September 13, 2005
• Submit permit for park detention pond
• Detention pond permit approval
• Clearing & Grubbing Contract
• January 1, 2007
• Advertise for construction contract
• Award construction contact
• Early Spring 2007
|
PARTF application submitted
LWCF application submitted
Project approved (subject to environmental assessment)
LWCF approval (subject to environmental assessment
Archeological study required
Archeological study advertised
Archeological study awarded
Archeological study completed
State archives letter of no impact
PARTF & LWCF contact agreement executed
S & E, and Drainage plan submitted for permitting
Submitted storm water management permit
PARTF & LWCF Approval for sitting detention pond
Storm water permit requires re-submittal as modification to school project detention
pond
Design complete
2005 Permit submittal
Wetland delineation contract awarded
Wetland delineation field work
Construction plans complete
Begin construction |
Fit Together Program – Blue Cross/ Blue Shield
Planning Director Dan Porter stated this is a program to promote wellness
and fitness in rural North Carolina and presented the project timeline
from August, 2006 – May, 2007.
Smart Growth Update
Planning Director Dan Porter stated the Smart Growth meetings with area
business owners were successful and well received. The Smart Growth
coordinator will send a report of their findings.
Adoption of Schedule
of Values and State Land Use Value Manual
Commissioner Jeffrey Jennings made a motion to accept the Schedule of
Values prepared by Pearson Appraisals and the 2007 Land Use Value Manual
as prepared by the State. The motion passed with Commissioners Jeffrey
Jennings, Carolyn Riggs, Clayton Riggs, Mike Andrews and Chairman Jeralds
voting aye; no Commissioner voting no; no Commissioner absent; and no
Commissioner not voting.
Tax Releases, Pick Ups & Refunds
Commissioner Clayton Riggs made a motion to approve the tax releases,
pick ups and refunds as submitted by the Tax Administrator. The motion
passed with Commissioners Jeffrey Jennings, Carolyn Riggs, Clayton Riggs,
Mike Andrews and Chairman Jeralds voting aye; no Commissioner voting
no; no Commissioner absent; and no Commissioner not voting.
Cosby & Mary Baker
David Bush
Adam D & Tracy J.W. Jones
Robert B Lee
Joseph B Jackson Jr.
Waverly Sawyer
Robert & Stacy McDaniels
Harris UnderGround Utilities
Amber Belangia
Charlie W Baum & Nancy Baum
|
176.81
151.69
313.58
145.07
309.79
116.29
143.42
316.65
174.15
251.54 |
|
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
Pick Up
|
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
Late Listing
|
Tax Report Update - Blackwater Vehicle Taxes
Tax Administrator presented a report regarding taxes paid to Currituck
County for the past five (5) billing years for vehicles owned by Blackwater
and is currently in the process of working with Currituck County to correct
the listings.
Commissioner Jeffrey Jennings questioned the listing of Blackwater’s
machinery, excavators, and bulldozers.
Ms. Rhodes stated Blackwater lists the machinery as personal property.
Budget Amendments - 2006-07-BA008 and 2006-07BA009
Commissioner Clayton Riggs made a motion to approve budget amendment
2006-07BA008 and put $15,000.00 into the South Mills Volunteer Fire Department
Building Fund for site preparation work. The motion passed with Commissioners
Jeffrey Jennings, Carolyn Riggs, Clayton Riggs, Mike Andrews and Chairman
Jeralds voting aye; no Commissioner voting no; no Commissioner absent;
and no Commissioner not voting.
2006-07-BA008
CAMDEN COUNTY BUDGET AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Camden,
North Carolina that the following amendment be made to the annual budget
ordinance for the fiscal year ending June 30, 2007.
Section 1. To amend the South Mills Fire Commission, the expenditures
are to be changed as follows:
| |
|
AMOUNT
|
CODE
NUMBER
|
DESCRIPTION
OF CODE
|
INCREASE
|
DECREASE
|
| 415300-574302 |
Site Development |
$15,000.00 |
|
(Camden Plantation Donation)
This will result in a net increase of $15,000.00 in the expenditures
of the South Mills Fire Commission and the revenue below will offset
the expenditure.
The Revenue increased.
| 41390530-439701 |
Local Contribution |
|
$15,000.00 |
Section 2. Copies of this budget amendment shall be furnished to
the Clerk to the Governing Board, and to the Budget Officer and the
Finance Officer for their direction. Adopted this 18th day of September,
2006.
__________________________________
Clerk to Board of Commissioners |
_____________________________________
Chairman, Board of Commissioners |
Commissioner Jeffrey Jennings made a motion to approve budget amendment
2006-07-BA009. The motion passed with Commissioners Jeffrey Jennings,
Carolyn Riggs, Clayton Riggs, Mike Andrews and Chairman Jeralds voting
aye; no Commissioner voting no; no Commissioner absent; and no Commissioner
not voting.
2006-07-BA009
CAMDEN COUNTY BUDGET AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Camden,
North Carolina that the following amendment 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:
| |
|
AMOUNT
|
CODE
NUMBER
|
DESCRIPTION
OF CODE
|
INCREASE
|
DECREASE
|
| 106050-537500 |
Shiip Grant Expense |
$3,100.00 |
|
This will result in a net increase of $3,100.00 in the Expenditure
of the General Fund. To provide the additional revenue for the
above, the following revenues will be increased. The Department
of Insurance awarded the NC Cooperative Extension, Camden Center
this grant.
| 10360400-434837 |
Shiip Grant |
|
$3,100.00 |
Section 2. Copies of this budget amendment shall be furnished to the
Clerk to the Governing Board, and to the Budget Officer and the Finance
Officer for their direction. Adopted this 18th day of September, 2006.
_________________________________
Clerk
to Board of Commissioners |
___________________________________
Chairman,
Board of Commissioners |
Agreement For The Protection, Development and Improvement
of Forest Land - Forestry Service
The county’s annual cost is $40,416.00 and the county
will pay the Forestry Department 30% of the total cost of the
Forester
or Forest Ranger salaries and expenses. The agreement is
effective July 1, 2006.
Commissioner Jeffrey Jennings made a motion to approve the 2006-2007
forestry service agreement. The motion passed with Commissioners Jeffrey
Jennings, Carolyn Riggs, Clayton Riggs, Mike Andrews and Chairman Jeralds
voting aye; no Commissioner voting no; no Commissioner absent; and no
Commissioner not voting.
Consideration of Public Hearing Ordinance No. 2006-09-02 - Amendments
to Article 151 (UDO) of the Code of Ordinances
This matter was laid over until a later Commissioners meeting.
County Manager’s Report
County Manager Randell Woodruff reported on the following
- Camden Intermediate School Project
- Wellfield property acquisition
-
Wickham Road repairs – completed
- Joint Water Committee is functioning, next meeting on September
21 at 9:00 am
- NCCBI Reception on November 1, 2006 at Museum of the Albemarle
- DOT Secondary Roads Program Presentation on September 25 at 6:00
pm
- Conditional Zoning Forum, October 25 at 2 pm in City Council Chambers
with David Owens of the UNC School of Government
- Change in Camden and Shiloh voting precincts location
- Work has begun on Sprayfield site
Other Matters
Commissioner Clayton Riggs gave an update on the South Mills Volunteer
Fire Department negotiation meetings.
- The Fire Chief is meeting with his membership on Tuesday, September
19 to discuss is they are capable of carrying on their service
with the community in their current state and the future.
- There has been three (3) meetings.
- The 2006-2007 tax year has previously been approved; there is no
way to increase taxes now.
-
According to the NC Fire Marshall’s office, the SMVFD has
adequate fire fighting equipment to sustain a fire in South Mills.
- Additional revenue resulting from the revaluation and new homes
was discussed.
- SMVFD has asked for a new tanker and fire station, which may have
to be cycled into the budget in different years.
- Configuration of a new fire station was discussed.
- SMVFD is voluntarily working with a CPA who is outlining a budget
to monitor their spending. The SMVFD has used between $8,000.00
- $10,000.00 from their Capital Reserve Fund.
- There is a shortfall between funds that the SMVFD will receive
and purchasing a new tanker and building a new fire station
but this does not curtail getting one or the other or if they get the anticipated
grant for a new tanker, then they can start building the
new fire station
in the new tax year.
- In March, when the tax figures are more concise, and when the budget
process is started for 2007-2008, it will take a commitment
from the Board of Commissioners to monitor that upcoming budget and make sure
there is sufficient funding to move forward with the building
of a new
fire station. There has been no promise of a new fire station
and just trying to get the facts in front and get an outline.
Larry Johnson, Fire Commission, asked when the road to the Sewer Treatment
Facility would be constructed.
County Manager Randell Woodruff stated any day now; culvert piping has
been delivered on site.
Closed Session
Commissioner Jeffrey Jennings made a motion to go into closed
session pursuant to G.S. 143-318.11(a)(3) for the purpose of
Consultation
with Attorney regarding Landfill Litigation and Courthouse
Litigation, pursuant
to G.S. 143-318.11(a)(5) for the purpose of discussing
property acquisition – Franklin
Williams Property for School Site, and pursuant to G.S.
143-318.11(a)(4) for the purpose of discussing industrial recruitment.
The motion
passed with Commissioners Jeffrey Jennings, Carolyn Riggs,
Clayton Riggs, Mike
Andrews and Chairman Jeralds voting aye; no Commissioner
voting no; no Commissioner absent; and no Commissioner not
voting.
The Commissioners entered closed session at 9:42 p.m.
Commissioner Jeffrey Jennings made a motion to come out of closed session
and back into regular session. The motion passed with Commissioners Jeffrey
Jennings, Carolyn Riggs, Clayton Riggs, Mike Andrews and Chairman Jeralds
voting aye; no Commissioner voting no; no Commissioner absent; and no
Commissioner not voting.
The Commissioners re-entered regular session at 10:25 p.m.
Chairman Melvin Jeralds called for any motions. Hearing no motions,
Chairman Melvin Jeralds proceeded with the meeting.
Adjournment
Commissioner Jeffrey Jennings made a motion to adjourn the meeting.
The motion passed with Commissioners Jeffrey Jennings, Carolyn Riggs,
Clayton Riggs, Mike Andrews and Chairman Jeralds voting aye; no Commissioner
voting no; no Commissioner absent; and no Commissioner not voting.
The meeting adjourned at 10:27 p.m.
_________________________________________
Melvin J. Jeralds, Chairman
Camden County Board of Commissioners
ATTEST:
__________________________________
Ava Murgia
Clerk to the Board