(Minutes are unofficial pending review and approval by the Board of Commissioner)

BOARD OF COMMISSIONERS

JEFFREY B. JENNINGS

Chairman

SAMUEL K. SHAW, SR.

Vice-Chairman

J.C. ROUNTREE

MELVIN JERALDS

CLAYTON D. RIGGS

RANDELL K. WOODRUFF
County Manager

AVA MURGIA
Clerk of the Board/
Assistant to the Manager

Camden County Board of Commissioners

Regular Meeting

7:00 P.M.

November 15, 2004

Senior Center Conference Room

Courthouse Complex

Camden, North Carolina

The regular meeting of the Camden County Board of Commissioner was held Monday, November 15, 2004 at 7:00 p.m. in the Senior Center Conference Room, Courthouse Complex. The following members were present:

Chairman Jeffrey B. Jennings

Vice Chairman Samuel K. Shaw Sr.

Commissioners J.C. Rountree and Melvin Jeralds

County Manager Randell Woodruff

Clerk to the Board Ava Murgia

Commissioner Clayton Riggs was absent.

Chairman Jennings called the meeting to order and invocation was given by Commissioner Shaw.

Public Comments

John Thompson, 132 Country Meadows Road, spoke in opposition of the landfill and stated he had started a petition and civic action group.

Vivian Jones, Economic Improvement Council, thanked the Board for providing her with an office.

Frank Eason, 916 North 343, spoke in opposition of the Free Press being published monthly instead of every two (2) weeks.

Consideration of Minutes – November 1, 2004 Regular Meeting

Commissioner Jeralds made a motion to approve the minutes of the November 1, 2004 regular Board meeting, subject to correction of typographical and technical errors. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Consideration of Agenda

Chairman Jennings amended the agenda to add Item VIII. New Business, D. Jail Commission; Item XV. Closed Session, B. Personnel – Jail Commission, C. Consultation with Attorney; and Item VII. Old Business, B. Magnolia Manor.

Commissioner Shaw made a motion to approve the agenda as amended. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Public Hearing - Request for Amendment to Special Use Permit UDO 2001-01-02 – Camden Yard Materials

Commissioner Rountree made a motion to go into public hearing to receive comments from the public regarding a request for amendment to Special Use Permit UDO 2001-01-02 – Camden Yard Materials. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Virginia Marine Structures requested amendment to the hours of operations of Camden Yard Materials from Monday thru Friday 7:00 a.m. to 4:00 p.m. to Monday thru Friday 7:00 a.m. to 7:00 p.m. and Saturday 8:00 a.m. to 4:00 p.m.

The Planning Board met on August 18, 2004 and voted 3-1 to recommend approval to amend the hours of operations to Monday thru Friday 7:00 a.m. to 6:00 p.m. with additional conditions as recommended by staff.

The matter was set for public hearing (second time) at the November 1, 2004 Board meeting and advertised in the Daily Advance.

Robert Outen, attorney for Camden Yard Materials, was present to answer any questions.

Bill Bland, 112 Deer Trail, spoke in opposition.

Joe Higgenbottom, 115 Deer Trail, spoke in opposition.

Marvin Myers, 109 Deer Trail, spoke in opposition.

William Knowles, 299 Ponderosa Drive, spoke in opposition.

Pam Brown, 101 Deer Trail, spoke in opposition.

Resident of 102 Heritage Drive, spoke in opposition.

Jeffrey Wolf, 36 Crystal Lake Drive, Elizabeth City, spoke in favor of Camden Yard Materials extending their operating hours.

Earl Key, 103 Deer Trail, spoke in opposition.

John Thomspon, 132 Country Meadows Road, spoke in opposition.

Sandy Duckwall, 102 Smith Drive, stated the company has the moral obligation to drive at a reasonable speed so as to not endanger the people who live there.

Brian Campbell, Manager of Sales and Service, Camden Yard Materials, stated he is the contact person and would like everyone to contact him.

Robert Outen explained the problems under the existing operation time schedule of Camden Yard Materials trucks, which cuts the truckers income and ability to work. Mr. Outen stated his client is moving his office on site to oversee, alleviate problems and control their drivers. Mr. Outen stated his client is prepared to pave the road an additional two hundred feet (200’) to solve the dust and noise problems and install speed limit signs.

There being no further comments, Commissioner Jeralds made a motion to close public hearing regarding a request for amendment to Special Use Permit UDO 2001-01-02 – Camden Yard Materials. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Pasquotank/Camden EMS – Ambulance Service

On September 20, 2004 the Board approved, per the recommendations of Dean Schaan, a franchise permit with Harrell Medical Transport Inc. to provide ambulance transports.

When the Pasquotank Board of Commissioners reviewed the Ambulance Service Franchise Permit several changes were noted.

Commissioner Jeralds made a motion to void the Pasquotank/Camden EMS Ambulance Service contract that was approved on September 20, 2004. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Commissioner Rountree made a motion to approve the Pasquotank/Camden EMS Ambulance Service contract with the Pasquotank Board of Commissioners changes. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Magnolia Manor

Chairman Jennings stated Magnolia Manor was approved as a preliminary plat for forty (40) lots but would like to do in phases, and it is the understanding of the Board that Magnolia Manor is not to be done in phases.

Dan Porter stated that the present owner of Magnolia Manor asked if the Planning Department could approve the phasing of the project. Mr. Porter stated he looked at the development ordinance and the ordinance allows the administrator to approve minor changes and requires major changes to be brought back before the Board of Commissioners. The only changes the present owners are asking for was to build in phases so that they could get started on seven (7) lots in the subdivision. Mr. Porter felt that was in the ordinance for approval.

Chairman Jennings stated is it the opinion of the Board to stay as originally approved at the preliminary plat of forty (40) lots and hearing no objections, Chairman Jennings instructed Dan Porter, Planning Director, to notify the present owners that Magnolia Manor could not be built in phases.

Tax Office – Tax Releases

Mary Rhodes, Tax Administrator, submitted the following tax releases for approval:

Christopher Slater $126.440 Release Military Exempt

Richard Baily $177.28 Release Military Exempt

John Conrad $152.45 Release Military Exempt

Salvador Rullan $158.79 Release Military Exempt

Commissioner Rountree made a motion to approve the tax releases as submitted by the Tax Administrator. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Planning Department – Scattered Site Housing Grant – 2005 - 2008

Dan Porter, Planning Director, stated Camden County becomes eligible to receive a $400,000.00 Community Development grant for Scattered Site Housing (SSH) Program for 2005 – 2008 from the North Carolina Department of Commerce (DCA) on a three (3) year cycle for low and moderate income persons. It requires no matching funds from the county, but is labor intensive due to the myriad of federal rules and regulations. A Certification of Interest is required, to be approved and signed by the Chairman, that signifies that the county intends to participate in the SSH program, which needs to be submitted immediately. The application is due by February 28, 2005. Two (2) Public Hearings are required.

Commissioner Jeralds made a motion to approve the Certification of Interest for the SSH Grant – 2005 - 2008 and authorize the Chairman, County Manager, Clerk and any other county official to sign necessary paper regarding the Certification of Interest. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Planning Department – Isabel Stream Clean Up Bid Results

On November 5 Dan Porter opened a total of six (6) bids. The following bids are the results of the Invitation to Bid for Hurricane Isabel Stream Debris Removal:

Ag Ventures $105,000

$135,000

Whitehurst Sand $103,095

Tom Hughes $ 98,000

RRJ Debris Removal $ 28,704

J&J Construction (Jim Droze) $ 25,839

Russell Enterprises $ 16,900

Commissioner Rountree made a motion to approve J & J Construction and authorize the Chairman, County Manager, Clerk and any other official to sign necessary documents regarding the contract for the Isabel Stream Clean-up Project. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Jail Commission

Chairman Jennings explained the design and proposed budget by Brennan Associates for a proposed two hundred (200) bed facility at the Albemarle District Jail. Chairman Jennings stated State staff and both grand juries have visited the jail, and according to the State, the Jail is borderline in receiving an order from the Federal Judge to increase the capacity of the jail.

No action required. No action taken.

County Manager’s Report

County Manager Randell Woodruff reminded the Board that Judge Beaman would perform the swearing in ceremonies at 8:00 a.m. on December 6, 2004, and the Commissioners meeting would begin at 9:00 a.m., with a joint meeting with the Board of Education at 11:00 a.m. at the Grandy Primary School.

Other Matters

Commissioner Rountree stated he would not be attending the December 6, 2004 Board meeting due to being sworn in on the Soybean Association Board in St. Louis, Missouri.

Closed Session

Commissioner Shaw made a motion to go into closed session pursuant to G.S. 143-318.11(a)(6) for the purpose of discussing Personnel and Jail Commission Personnel, pursuant to G.S. 143-318.11(a)(3) for the purpose of consulting with the county attorney. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

The Commissioners entered closed session at 8:52 p.m.

Commissioner Rountree made a motion to go out of closed session and back into regular session. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

The Commissioners re-entered regular session at 9:25 p.m.

Upon coming out of closed session Chairman Jennings asked for motions or any further business for the county to be discussed.

Commissioner Rountree made a motion to approve a 4% merit pay increase for Sheriff Perry and a 4% merit pay increase for Register of Deeds Peggy Kight. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Riggs absent; and no Commissioner not voting.

Recess

Hearing no motions or further business, Chairman Jennings stated the regular meeting is recessed until 8:00 a.m. on Thursday, November 18, 2004 in order to receive further information from the Planning Board’s regarding Base Flood Elevation (bfe).

The meeting recessed at 9:29 p.m.

NOVEMBER 18, 2004

Chairman Jennings reconvened the regular meeting at 8:00 a.m. in the County Manager’s Conference Room, Courthouse Complex, with the following members present:

Chairman Jeffrey B. Jennings

Vice Chairman Samuel K. Shaw Sr.

Commissioner Melvin Jeralds

County Manager Randell Woodruff

Clerk to the Board Ava Murgia

Commissioners Rountree and Riggs were absent.

Amendment to Agenda

Chairman Jennings amended the agenda to add Item VIII. New Business E. Base Flood Elevation (bfe); Item VIII. New Business F. Assurance Agreement; and Item VIII. New Business G. Courthouse Renovation Update.

Commissioner Shaw made a motion to approve the agenda as amended. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

Amendment to Closed Session

Chairman Jennings amended the closed session agenda to add Item XV. Closed Session D. Property Acquisition.

Commissioner Jeralds made a motion to approve the closed session agenda as amended. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

Proposed Amendment to Article 151 of the Camden County Code Relating to Floodplain Management - Base Flood Elevation (bfe)

The Camden County Planning Board meet on November 17, 2004 and recommended amending the Regulatory Flood Protection Elevation on a 6-0 vote to the following:

Commissioner Shaw made a motion to introduce Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County Code of Ordinance. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

Commissioner Shaw made a motion to set public hearing regarding Proposed Amendment to Article 151 of the Camden County Code Relating to Floodplain Management - Base Flood Elevation on Monday, November 29, 2004 at 8:00 a.m. in the Commissioners Conference Room in the Senior Center, Courthouse Complex. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

Assurance Agreement

Attorney Herbert Mullen stated that the Assurance Agreement is a basic sewer agreement for the county to sign indicating that the county would try to get the contractors to use their best efforts not to destroy anything on a citizens property during installation of the sewer system. The Assurance Agreement requires the Boards approval authorizing the County Manager to sign all agreements.

Commissioner Jeralds made a motion to authorize the County Manager to sign the Assurance Agreements and for this matter to be brought before the South Camden Water and Sewer District Board of Directors at the next South Camden Water and Sewer District Board meeting. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

Courthouse Renovation Update

Clarann Mansfield, Finance Officer, stated that Eric Fergerson of Progressive, took David Black’s checklist of things that was in the contract which Gardner did not perform and Mr. Fergerson has quoted a price of $98,920.00. This is the cost, plus other work, that will be taken to the bonding company. Mr. Fergerson would be the administrator/contractor, if so desired, and is prepared to perform the job with a three (3) month construction schedule.

Commissioner Jeralds asked if the Courthouse Renovation Committee was still involved in the decision making because he was getting complaints that the members were left out of the decision making.

County Manager Randell Woodruff stated he planned to call a Renovation Committee meeting soon.

Clarann Mansfield stated the last meeting was in June and half of the committee members did not show up.

Randell Woodruff stated the concrete will be removed, a brick walkway will be installed, and even if the contract with Gardner had been settled, the county would still have to spend $20,000.00 to $30,000.00.

Commissioner Jeralds questioned why the county would still have to spend $20,000.00 to $30,000.00.

Herbert Mullen stated that Gardner’s figure of settlement did not include all the things that the contract required.

Chairman Jennings advised the County Manager to set up a Courthouse Renovation Committee meeting with Mr. Fergerson and let the committee decide.

County Manager Randell Woodruff stated that a large sign needed to be placed in front of the Courthouse, which was not in the contract.

Clarann Mansfield stated Nancy Ferebee thought that the retaining wall in front needed to be fixed.

Closed Session

Commissioner Jeralds made a motion to go into closed session pursuant to G.S. 143-318.11(a)(5) for the purpose of discussing property acquisition. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

The Commissioner entered closed session at 8:47 a.m.

Commissioner Shaw made a motion to go out of closed session and back into regular session. The motion passed with Chairman Jennings, Commissioners Shaw, and Jeralds voting aye; no Commissioner voting no; Commissioners Rountree and Riggs absent; and no Commissioner not voting.

The Commissioners re-entered regular session at 8:58 a.m.

Upon coming out of closed session Chairman Jennings asked for motions or any further business for the county to be discussed.

Recess

Hearing no motions or further business, Chairman Jennings stated the meeting is recessed until 8:00 a.m. on Monday, November 29, 2004.

The meeting recessed at 9:01 a.m.

NOVEMBER 29, 2004

Chairman Jennings reconvened the regular meeting at 8:00 a.m. in the Senior Center Conference Room, Courthouse Complex, with the following members present:

Chairman Jeffrey B. Jennings

Vice Chairman Samuel K. Shaw Sr.

Commissioner J. C. Rountree and Melvin Jeralds

County Manager Randell Woodruff

Clerk to the Board Ava Murgia

Commissioners Clayton Riggs was absent. Also attending was County Attorney Herbert Mullen.

Public Hearing – Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County of Ordinances

Commissioner Jeralds made a motion to go into public hearing to receive comments from the public regarding Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County of Ordinances. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Clayton Riggs absent; and no Commissioner not voting.

Chairman Jennings called for any comments from the public.

Dan Porter, Planning Director, clarified definitions and effects relating to the flood plain ordinance elevation requirements:

BASE FLOOD ELEVATION (BFE): A determination as published in the Flood Insurance Study of the water surface elevations of the base flood. This elevation combined with the “Freeboard” creates the “Regulatory Flood Protection Elevation”.

FREEBOARD: The additional amount of height added to the Base Flood Elevation (BFE) to account for uncertainties in the determination of flood elevations. The freeboard plus the bfe equals the “Regulatory Flood Protection Elevation”.

REFERENCE LEVEL: The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance of the ordinance. For structures within Special Flood Hazard Areas designated as zones AE or A, the reference level is the top of the lowest floor or bottom of lowest attendant utility including ductwork, whichever is lower.

REGULATORY FLOOD PROTECTION ELEVATION: The elevation, in relation to mean sea level, to which the reference level of all structure and other development located within Special Flood Hazard Areas must be protected. Within areas where bfe’s have been determined, this elevation shall be the bfe plus two (2) feet of freeboard. In areas where no bfe has been established, this elevation shall be at least four (4) feet above the highest adjacent grade. Four (4) feet above highest adjacent grade includes freeboard.

Dan Porter stated according to these definitions, bfe plus freeboard equals Regulatory Flood Protection Elevation and Reference Level equals Regulatory Flood Protection Elevation. The existing ordinance approved on October 4, 2004 establishes “Freeboard” to be two (2) feet, which guarantees protection of attendant utilities between the bfe and the Regulatory Flood Protection Elevation.

Dan Porter stated the Planning Boards’ recommendation is to allow “bottom of lowest attendant utility including ductwork” to be located within the “freeboard” space. In this alternative the Regulatory Flood Protection Elevation is not actually protecting utilities and ductwork. By changing the definition of the Regulatory Flood Elevation, the recommendation also changes the definition of the Reverence Level to be the “top of the lowest floor”. FEMA definitions are standard among their regulated jurisdictions and will interpret the county’s Regulatory Flood Protection Elevation to be no higher than bfe. The differing definitions between FEMA and the county are likely to cause confusion to citizens.

Dan Porter recommended amending the ordinance to maintain consistent definitions and amend the amount of freeboard required in increments of one (1) foot.

Hearing no further comments, Commissioner Rountree made a motion to close public hearing regarding Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County of Ordinances. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Clayton Riggs absent; and no Commissioner not voting.

Consideration of Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County of Ordinances

Hearing no objections, Chairman Jennings deferred decision on Ordinance No. 2004-11-01 A Proposed Ordinance Amending the Camden County of Ordinances until January 3, 2005 pending further information received on December 16, 2004 with the Land Use Committee and a Joint Meeting with the Planning Board following the Land Use Committee meeting.

Other Matters

Commissioner Rountree stated Huntsley Manly would like to purchase a FEMA lot from the county and asked that the County Manager and Attorney check into the matter.

Chairman Jennings stated the Daily Advance incorrectly reported that the Fire Department was built on grant fund.

County Manager Randell Woodruff stated he will contact Randell Edwards at the Daily Advance and clarify the matter.

Commissioner Jeralds stated that Charter TV is cutting utility lines and should pay property tax.

County Manager Randell Woodruff stated he would check into the matter.

Adjournment

There being no further business to come before the Commissioners, Commissioner Shaw made a motion to adjourn the meeting. The motion passed with Chairman Jennings, Commissioners Shaw, Rountree and Jeralds voting aye; no Commissioner voting no; Commissioner Clayton Riggs absent; and no Commissioner not voting.

The meeting adjourned at 9:07 a.m.

________________________________

Jeffrey B. Jennings, Chairman

Camden County Board of Commissioners

ATTEST:

______________________

Ava Murgia

Clerk to the Board