CAMDEN COUNTY BOARD OF COMMISSIONERS

 

Regular Meeting

7:00 PM

January 21, 2003

Senior Center Conference Room, Courthouse Complex

 

MINUTES

 

The regular meeting of the Camden County Board of Commissioners was held Tuesday, January 21, 2003 in the Senior Center Conference Room, Courthouse Complex.  The following members were present:

 

Chairman Jeff Jennings

Vice Chairman Sam Shaw

Commissioners Melvin Jeralds, and J.C. Rountree

County Manager/Clerk to the Board Carl Classen

Deputy Clerk to the Board Ava Murgia

 

Commissioner Riggs was absent due to military commitments.

 

Chairman Jennings called the meeting to order.  Invocation was given by Commissioner Rountree.

 

SPECIAL PRESENTATION – FORREST PUGH

 

Commissioners Shaw and Rountree presented Forrest Pugh with a plaque in appreciation of his years of service to Camden County as Commissioner from 1994-2002.

 

PUBLIC COMMENTS

 

Bud Tardiff, 108 Windy Heights Drive, inquired regarding the policy and procedure of   a natural gas hookup permit required from the meter to the appliance.

 

Chairman Jennings stated one state inspection is required for the natural gas to be hooked up from the gas meter, to the first appliance, point A, to point B.  Any other appliances would Tee off point B.

 

Dick Browner, Princess Anne Land Company, LLC, P.O. Box 6363, Virginia Beach, VA                        stated Barnhill was awarded the contract on the Highway 17 Project.  Barnhill contacted Mr. Williams regarding constructing a 40’ haul road across the Virginia line for hauling 1.2M to 1.6M yards of material (160,000 truck loads).  Mr. Browner requested to be put on the Planning Board agenda at the next Planning Board meeting.

 

CONSIDERATION OF MINUTES

 

Commissioner Shaw made a motion to approve the minutes of the January 6, 2003 meeting as presented.  The motion passed unanimously.

 

CONSIDERATION OF AGENDA

 

Carl Classen requested Item X. F.   Bid Selling and Removal Of House and Building From Former Huddle Property, Item X.  G.  Pay Study Update be added to the agenda. 

 

Commissioner Rountree made a motion to approve the agenda as amended.  The motion passed unanimously.

 

PUBLIC HEARING – ORDINANCE NO. 2003-01-02 AMENDING THE CAMDEN CODE RELATING TO SETBACK REQUIREMENTS AND PRIVATE ACCESS SUBDIVISIONS

 

Commissioner Jeralds made a motion to open public hearing to receive comments from the public regarding Ordinance No. 2003-01-02 Amending The Camden Code Relating To Setback Requirements and Private Access Subdivisions.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

Hearing no comments from the public, Commissioner Shaw made a motion to close the public hearing to receive comments from regarding Ordinance No. 2003-01-02 Amending The Camden Code Relating To Setback Requirements and Private Access Subdivisions.  The motion passed unanimously.

 

PUBLIC HEARING -  REZONING APPLICATION – UDO 2002-10-08 – TARK & ASSOCIATES – MAGNOLIA DRIVE, SHILOH TOWNSHIP

 

Commissioner Jeralds made a motion to open public hearing to receive comments from the public regarding Rezoning Application – UDO 2002-10-08 – Tark & Associates – Magnolia Drive, Shiloh Township.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

Rusty Jacobs, 117 Sunset Avenue, spoke in opposition of the rezoning application.

 

Mark Gregory, 318 N. 34, spoke in favor of the rezoning application.

 

Wayne Walston, 839 South NC 343, stated his land borders the proposed rezoned property and was never informed that the property was being rezoned.  Mr. Walston spoke in opposition of the rezoning application.

 

Hearing no further comments from the public, Commissioner Shaw made a motion to close the public hearing to receive comments regarding Rezoning Application – UDO 2002-10-08 – Tark & Associates – Magnolia Drive, Shiloh Township.  The motion passed unanimously.

 

PUBLIC HEARING - SPECIAL USE PERMIT APPLICATION – UDO 2002-10-22 – HARRIS – HOME BASED BUSINESS, LOCATED AT 115 ONE MILL ROAD, SHILOH TOWNSHIP

 

Commissioner Jeralds made a motion to open public hearing to receive comments from the public regarding Special Use Permit Application – UDO 2002-10-22 – Harris – Home Based Business, Located at 115 One Mill Road, Shiloh Township.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

Dwayne Harris, 113 One Mill Road, stated he is a contractor for fabrication of cabinets and countertops, works primarily at the Outer Banks and feels no extra burdens will be imposed on the area.

 

Hearing no further comments, Commissioner Rountree made a motion to close the public hearing to receive comments regarding Special Use Permit Application – UDO 2002-10-22 – Harris – Home Based Business, Located at 115 One Mill Road, Shiloh Township.  The motion passed unanimously.

 

PUBLIC HEARING – REZONING APPLICATION – UDO 2002-10-33 – E.W. OLD, JR. – BASS LAKE ROAD, SOUTH MILLS TOWNSHIP

 

Commissioner Jeralds made a motion to open public hearing to receive comments from the public regarding Rezoning Application – UDO 2002-10-33 – E.W. Old, Jr. – Bass Lake Road, South Mills Township.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

E.W. Old, Jr., 176 Chamberlain Road, was present and spoke in support of the rezoning application and submitted material for the record.

 

Hearing no objections, Chairman Jennings so ordered materials received from Mr. Old to be entered into the record.

 

Rusty Jacobs, 117 Sunset Drive, spoke in opposition of the rezoning application.

 

Robin Forehand, 164 Bass Lake Road, spoke in opposition of the rezoning due to safety issue; the road is not state maintained, narrow and cannot handle over fifty (50) cars.  Mr. Forehand thinks the entrance or egress should be to Chamberlain Road.  Mr. Forehand asked that pictures of Bass Lake Road is entered into the record.

 

Hearing no objections, Chairman Jennings so ordered material received from Mr. Forehand be entered into the record.

 

Small Old, 158 Bass Lake Road, spoke of the integrity of Bass Lake Road.

 

Ed Hyman, 113 Sunset Avenue, on behalf of Mr. E.W. Old, spoke in favor of the rezoning.

 

Lynn Weeks, 59 Dry Ridge Road, Elizabeth City, asked the Board for favorable consideration of Mr. E. W. Old’s request due to being a life long resident of Camden County.

 

E.W. Old, 176 Chamberlain Road, stated at this time he is only requesting the property be rezoned.  Mr. Old stated he has spoken with NCDOT and NCDOT stated Mr. Old needs the property owners to give Right of Way consent before NCDOT could improve the road.

 

Rusty Jacobs, 117 Sunset Avenue, spoke in opposition of the rezoning.

 

Hearing no further comments, Commissioner Rountree made a motion to close the public hearing to receive comments regarding Rezoning Application – UDO 2002-10-33 – E.W. Old, Jr. – Bass Lake Road, South Mills Township.  The motion passed unanimously.

 

PUBLIC HEARING – SPECIAL USE PERMIT APPLICATION – UDO 2002-11-13 – SWINDELL – CLASS A MOBILE HOME LOCATED AT 440 WICKHAM ROAD, SHILOH TOWNSHIP

 

Commissioner Rountree made a motion to open public hearing to receive comments from the public regarding Special Use Permit Application – UDO 2002-11-13 – Swindell – Class A Mobile Home Located at 440 Wickham Road, Shiloh Township.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

Otis E. Swindell, 106 Parker’s Lane, Aydlett, was present and spoke in support of the special use permit application.

 

Hearing no further comments from the public, Commissioner Jeralds made a motion to close the public hearing regarding Special Use Permit Application – UDO 2002-11-13 – Swindell – Class A Mobile Home.  The motion passed unanimously.

 

PUBLIC HEARING – SPECIAL USE PERMIT APPLICATION – UDO 2002-11-29 – HUGHES/TRUEBLOOD – CLASS A MOBILE HOME LOCATED AT 370 TROTMAN ROAD, SHILOH TOWNSHIP

 

Commissioner Shaw made a motion to open public hearing to receive comments from the public regarding Special Use Permit Application – UDO 2002-11-29 – Hughes/Trueblood – Class A Mobile Home Located at 370 Trotman Road, Shiloh Township.  The motion passed unanimously.

 

Chairman Jennings called for comments from the public.

 

Joann Trueblood, Power of Attorney for Lillie S. Hughes, 350 Trotman Road, was present and spoke in favor of the rezoning.

 

Hearing no further comments from the public, Commissioner Shaw made a motion to close the public hearing regarding Special Use Permit Application – UDO 2002-11-29 – Hughes/Trueblood – Class A Mobile Home Located at 370 Trotman Road, Shiloh Township.  The motion passed unanimously.

 

SHERIFF TONY PERRY – TRAFFIC GRANT FUNDING AND OTHER GRANTS

 

Sheriff Perry stated he has been working with Pasquotank County Sheriff Randy Cartwright and Currituck County Sheriff Susan Johnson on a multi‑county joint traffic grant from the Governor’s Highway Safety Program.  The County Commissioners approved participation in this grant application on March 18, 2002. 

 

Recently, the grant was awarded in the amount of $79,400 to Camden County, of which there is a $12,975 local match.  Not knowing the total match at the time of last year’s budget (or whether the County would receive the grant), a “placeholder” line item of $1,200 was included in the FY2002‑03 budget.

 

Sheriff Perry plans to submit three (3) Governor’s Crime Commission Grants before the January 31 deadline and he orally outline these grant applications.

 

Commissioner Jeralds made a motion to grant Sheriff Perry the authority to apply for the three (3) Governor’s Crime Commission Grants.  The motion passed unanimously.

 

Commissioner Rountree made a motion to authorize the Sheriff, Chairman, County Manager, Clerk and other appropriate county officials to sign and execute all documents in support of the Governor’s Highway Safety Program Grant and prepare a budget amendment for this program.  The motion passed unanimously.

 

SHILOH LANDING REIMBURSABLE AGREEMENT

 

Carl Classen reviewed an email from Ronnie Sawyer, NCDOT, for the estimated cost under a Reimbursable Agreement to grade and rock a 20‑foot wide rock/gravel driveway extending from the end of the pavement on Milltown Road (SR1113) to the Pasquotank River.  The cost would include proper drainage along the end of the Milltown Road pavement and along the County’s 60‑foot right‑of‑way.

 

As Mr. Sawyer’s email states, a CAMA permit would be required prior to any work being done.

 

Commissioner Rountree made a motion to authorize staff to apply for and obtain a CAMA permit to grade, rock and install drainage improvements at Shiloh Landing, to approve up to $4,500 to cover the cost of a CAMA permit (estimate $500 for preparation and fees) and an NCDOT Reciprocal Agreement ($4,000) for gravel and drainage improvements at Shiloh Landing, funds for the project shall come from Shiloh Landing Trust Fund and, if necessary, Land Transfer Tax Account and authorize the Chairman, County Manager, Clerk and other necessary staff to sign and execute all documents necessary in support of the CAMA permit and the reimbursable agreement.  The motion passed unanimously.

 

WATER DEPARTMENT – EVANS DRAINAGE REPAIR

 

Carl Classen stated during the 1996 South Camden Water System construction, a water line was constructed along a private right‑of‑way called Shady Lane (off Upton Road, Courthouse Township).  After the water line was installed, the contractor assumed that the road was a State Road and constructed the standard drainage ditch along the presumed right‑of‑way.  The property owner advised that a ditch did not exist previously and that it was understood that the ground would be returned to its previous state.  The previous County Manager concurred and the ground was leveled and a drainage pipe and accessories were installed. 

 

This drainage piping has now settled and is not working properly. The property owner has obtained a cost of estimate $150.00 to correct the problem.

 

Commissioner Rountree made a motion to approve $150.00 repair following the property owner signing a release of any further claims on the matter.  The motion passed unanimously.

 

BUDGET AMENDMENTS – CAMDEN COUNTY SCHOOLS

 

Commissioner Shaw made a motion to approve the budget amendments as submitted from Camden County Schools.  The motion passed unanimously.

 

Budget Amendment                                   

 

Camden County Schools Administrative Unit

 

     Capital Outlay Fund

 

The Camden County Board of Education at a meeting on the 9th day of January 2003, passed the following resolution. 

 

Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2003.

          

           Code Number                        Description of Code                                  Amount

                                                                                                      Increase                   Decrease

 

9111.077.529                        Roof/Gutter Repair & Replace.                                                              21,000.00

9114.077.529                        Ticket Booth/Visitor Concession                               25,000.00

9122.077.529                        Expansion of Parking Lot-CCHS                        25,000.00

9211.077.542                        Purchase of AS400 Comp. Sys.                        61,000.00         

9215.077.541                        Portable Staging                        10,400.00

______________________________________________________________________________Explanation:  Funding for increase is $10,400.00 from fund balance and $40,000.00 additional

                      appropriation from County Commissioners.

 

                         Total Appropriation in Current Budget                            $             7,832,465.56   

                         Amount of Increase/(Decrease) of                                 

                            Above Amendment                                                                      50,400.00                                             Total Appropriation in Current Amended            

                            Budget   ....                                                                               7,882,865.56

 

Passed by majority vote of the Board of                We the Board of County Commissioners of

Education of  Camden County Schools on the       Camden County hereby approve the changes

9th day of January 2003.                                         in the County School Funds Budget as

                                                                                 indicated above, and have made entry of these

                                                                          changes in the minutes of said Board,

                                                                          this 21st day of January, 2003.

 

______________________________             ________________________________

Chairman, Board of Education            Chairman, Board of County Commissioners

 

 

______________________________             __________________________________

Secretary, Board of Education                     Clerk to the  Board of County Commissioners

 

CAMDEN VILLAGE CORE SEWER PROJECT

 

Carl Classen stated in a “FREE PRESS” issue on the Camden Village Core Sewer Project noting that the County has received a Clean Water Management Trust Fund Grant with an initial amount of $438,000 for engineering and permitting and then the balance of the grant ($2,162,000) will be made available when the permitting is completed.

 

This grant is in addition to the $3 million Unsewered Communities Grant awarded to the County by the Rural Center last summer and paperwork from the State will be forthcoming.

 

Commissioner Rountree made a motion to authorize the Chairman, County Manager, Clerk and other appropriate county officials to sign and execute all documents in support of the Clean Water Trust Fund Grant Award, direct that Hobbs Upchurch be appointed the engineer for the project and direct them to proceed with haste in implementation of the engineering and permitting requirements of the project within the scope and finding levels of the Rural Center and Clean Water Management Trust Fund grant awards and authorize the Chairman, County Manager, Clerk and other appropriate county officials to sign and execute all documents in support of any permits required for the implementation of the Camden Village Core Sewer Project.  The motion passed unanimously.

 

SOUTH CAMDEN WATER AND SEWER PROJECT

 

Carl Classen stated the Board of Directors of the South Camden Water and Sewer District (SCWSD), which is the Board of County Commissioners, has not officially met since February, 2001.  

 

Special Counsel Ike McRee, who works with the County on special district matters, has advised the County Manager that the SCWSD Board should meet and act on a regular basis when there is business regarding the District requiring Board action.  What has been done in recent years is that the Board of Commissioners (the same people) have been meeting and acting on behalf of the SCWSD Board.

 

To clarify matters, Mr. McRee recommends that the SCWSD Board meet, elect officers, and adopt a resolution ratifying all actions adopted by the Board of Commissioners on behalf of the SCWSD.

 

Commissioner Rountree made a motion to recess the Board of Commissioners meeting and convene as the South Camden Water and Sewer District Board of Directors.  The motion passed unanimously.

 

Following completion of the SCWSD Board meeting, Commissioner Jeralds made a motion to reconvene as the Board of Commissioners.  The motion passed unanimously.

 

TAX MATTERS – REFUNDS , PICK UPS AND RELEASES

 

Carl Classen stated the following tax matters are submitted from the Tax Administrator for approval. 

 

Sang T. Trinh                Pick Up            $211.86            Discovery – Personal Property

Crystal Ward                Pick Up            $258.48            Discovery – Personal Property

 

Commissioner Rountree made a motion to approve all refunds, pick‑ups and releases in a net amount in excess of $100.00 as submitted from the Tax Administrator.  The motion passed unanimously.

 

SPECIAL COUNSEL FOR DELINQUENT TAX COLLECTION

 

Carl Classen stated one principal goal for the County during the current fiscal year has been to aggressively collect delinquent real estate and personal property taxes.  Last spring, a staff person attended the in rem foreclosure training and the tax department has been culling filings, re‑negotiating existing payment agreements, and filing garnishments against delinquent taxpayers.  Staff seeks authority to retain special counsel to assist with collecting delinquent real estate and personal property taxes. Staff recommends Mr. Ike McRee of Hornthal Riley Ellis & Maland, former county attorney of Pasquotank County and current municipal attorney for towns in Dare and Perquimans counties.  Mr. McRee currently serves as special counsel to the county for eCamden and special districts.

 

Commissioner Shaw made a motion to approve retaining Mr. Ike McRee as special counsel to assist with the collection of delinquent taxes.  In the event Mr. McRee has a conflict of interest or otherwise cannot assist the county on a specific case, the staff is authorize to retain other experienced counsel to assist the county on those accounts.  The motion passed unanimously.

 

MOSQUITO ABATEMENT

 

Carl Classen stated the following forecast was received from Walker Rayburn of Albemarle Regional Health Services (district health department) for mosquito abatement in the coming year.   From Walker’s forecast, the County should plan to budget the same amount as in the past, plus an amount for increased insecticide costs and labor costs (sprayer driver).  Additional costs may be incurred if the County wishes to have a sentinel chicken flock placed in the County.   

 

2003 Planning Advisement Based on Mosquito and Virus Forecast

 

            Predictions of mosquito activity for the 2003 season are no better than the weather forecasts. Mosquito production during the summer will depend on rainfall. The start of spraying will depend on spring temperatures and rainfall. There should be plenty of eggs. The late October/early November hatch seems to have had adequate time to feed and lay eggs. Being prepared to spray from late May through November will be a good plan.

 

            There have been eight West Nile Virus positive horses in the area (3 from Pasquotank and 5 from Currituck). Horses were presenting with symptoms into late November. Based on reporting, no additional horses are being tested to date. It is wise to believe that the virus is established in Albemarle area.  The species of mosquitoes that are involved in the transmission is unknown. Therefore mosquito pooling and sentinel flocks will be important in developing timelines and interrupting adult mosquito monitoring data. There were two human cases in North Carolina in 2002. It is forecasted that more human cases will be diagnosed in 2003.

 

            Eastern Equine Encephalitis activity shifted into the fall of 2002. Seroconversion peaked in October this year at 37% of cases. Long-term average is 28% in October with a peak in September. Twenty-five percent of the cases occurred in November. November normally has approximately 5% of cases. Adjusting for the low number of birds exposed this year, November saw 9% of exposed birds seroconverting with a normal rate of 33%. Three chickens in the Currituck flock were EEE positive. This November was colder than normal, as well.

 

            With plenty of water in the swamps, Cs. melanura populations should be high early next summer, providing good arbovirus amplification.

 

            Plans are to expand the number of chicken flocks to one per county if funding and labor can be found to support the effort. Each additional flock to be added will cost about $1900 to set up and operate.

 

            The state is estimating new testing technology. If the technology is approved it will allow us to screen birds and mosquito pools locally and only send “presumptive positives” to the state lab. This would give the Albemarle region an additional week to treat for mosquitoes. Again, any information to the public, press, or media will only be released when the state laboratory confirms the screening results.

 

            Based on the expectation of increased virus threat in 2003, habitat control stays high on the priority list. The mosquitoes that are known to spread the virus, and those which are suspected, breed in containers or polluted ditches. Any assistance that the county and city government officials can give in establishing more volunteer larviciding programs will greatly help reduce the threat.

 

The County may also want to consider creation of a mosquito prevention team, a group of citizens to work with the county staff in encouraging preventive mosquito control through nuisance abatement, prompting tipping and tossing stagnant water, and promoting use of larvicide (i.e., “dunks).

 

The Commissioners will consider funding during the FY2003‑04 budget deliberation in late spring.

 

No action taken.

 

WATER AGREEMENTS

 

Carl Classen stated a Memorandum of Understanding (MOU) with Currituck County regarding the purchase and sale of water and a similar MOU exists with South Mills Water Association. The MOU calls for a process of discussion when one party indicates a need for water above their current allocation or in the case of a need for additional water plant capacity.

 

The County Managers and the engineers for Camden and Currituck counties are meeting January 24 and feel it would be wise for the Camden and Currituck Boards of Commissioners to receive an update on current water plant usage and revised water needs in Camden and Currituck counties.  The County Managers are seeking policy guidance on future directions.

 

Hearing no objections, Chairman Jennings so ordered to hold a joint Camden County – Currituck dinner workshop at the Coinjock Marina starting at 5:00 p.m. on Monday, February 17, 2003 as a recessed portion of the Regular Meeting beginning on February 17, 2003. 

 

MARTIN LUTHER KING HOLIDAY EVENTS

 

Carl Classen stated the total cost of the Martin Luther King Unity Walk was approximately $500.00 including the food, preparations and posters.

 

PROJECT UPDATES

 

Carl Classen deferred from comment at this time. 

 

BID SELLING AND REMOVAL OF HOUSE AND BUILDING FROM FORMER HUDDLE PROPERTY

 

Carl Classen stated only one (1) bid was received for $5,000.00 from Mr. Robert Bruce Lee and Mr. Jonathon Sawyer.

 

Commissioner Rountree made a motion to approve the bid from Mr. Robert Bruce Lee and Mr. Jonathon Sawyer for $5,000.00 and authorize the Chairman, Manager and Clerk to sign and execute all necessary documents in support of the sale and removal of the house and buildings from the former Huddle property.  The motion passed unanimously.

 

PAY STUDY UPDATE

 

Carl Classen stated a proposed contract was received from MAPS Group (Becky Veazey) to review approximately one‑third (20) of the County’s job classifications and perform a pay study update.  The goal is not to fall behind the market on any jobs and to do all positions once every three (3) years.

 

For the first year, the Pay Study Update would include law enforcement, water department and several other positions requiring State certification.  The cost is $3,800 and this cost will likely be recurring annually so long as the County tries to stay up to date on its pay plan.

 

Recommendations for any changes in the pay plan would be brought back to the Commissioners for consideration.  No approval of any changes is implied by approval of the Pay Study Update contract.

 

Hearing no objections, Chairman Jennings so ordered the County Manager to contact Becky Veazey to speak to the Board at the February 3 Board of Commissioners Meeting.

 

HANDOUTS

 

Carl Classen reviewed several handouts with the Board.

 

No action taken.

 

CLOSED SESSION

 

Commissioner Jeralds made a motion to go into closed session pursuant to G.S. 143-318.11(a)(4) for the purpose of discussing industrial recruitment, pursuant to G.S. 143-318.11(a)(5) for the purpose of discussing property acquisition and pursuant to G.S. 143-318.11(a)(6) for the purpose of discussing personnel.  The motion passed unanimously.

 

Commissioner Rountree made a motion to come out of closed session and back into regular session.  The motion passed unanimously.

 

Commissioner Rountree made a motion to appoint Commissioner Jeralds as alternate on the AEDC Board in the absence of Commissioner Riggs.  The motion passed unanimously.

 

ADJOURNMENT

 

Commissioner Shaw made a motion to adjourn the meeting.  The motion passed unanimously.

 

The meeting adjourned at 9:30 PM.

 

 

                                                                        _________________________________

                                                                        Jeff Jennings, Chairman

                                                                        Camden County Board of Commissioners

ATTEST:

 

 

______________________________

Carl Classen

Clerk to the Board of Commissioners