PASQUOTANK COUNTY NORTH CAROLINA

Document Sample
PASQUOTANK COUNTY NORTH CAROLINA Powered By Docstoc
					                                          PASQUOTANK COUNTY, NORTH CAROLINA
                                          JANUARY 6, 2005

The Pasquotank County Board of Commissioners met today in a special meeting on Thursday,
January 6, 2005 in Courtroom C in the Pasquotank County Courthouse.

MEMBERS PRESENT:                 Bill Trueblood, Chairman
                                 Cecil Perry, Vice-Chairman
                                 Matt Wood
                                 Lloyd E. Griffin, III
                                 Marshall Stevenson
                                 John “Hank” Krebs
                                 Jeff Dixon

MEMBERS ABSENT:                  None

OTHERS PRESENT:                  Randy Keaton, County Manager
                                 Rodney Bunch, Asst. County Mgr. for Planning & Econ. Dev.
                                 R. Michael Cox, County Attorney
                                 Karen Jennings, Clerk to the Board

The meeting was called to order at 6:05 PM by Chairman Bill Trueblood. Commissioner Lloyd
Griffin gave the invocation and Vice-Chairman Cecil Perry led in the Pledge of Allegiance to the
American Flag. Chairman Trueblood welcomed everyone present. He recognized the members
of the City Council, the Mayor, and the City Manager among those in attendance.

Chairman Trueblood called on Mr. Jon Crouse, developer for Tanglewood to discuss the
Tanglewood sewer project. Mr. Crouse yielded to Attorney Gray Styers to speak on his behalf.
Mr. Styers stated that he would provide an update on some of the things that have occurred
recently with regard to the Tanglewood project. He explained that Mr. Crouse has been working
for some time to develop property that he strongly believes will be a tremendous asset for the
area and that will create economic development and growth. He said the infrastructure for this
area has been in development for some time. He said that the availability of natural gas and the
bypass were pieces of the puzzle that started coming together for the Tanglewood area to be very
attractive for development. Mr. Styers said the county has water available and the railroad is in,
however wastewater treatment is one thing that is still needed. He stated that the developer had
discussions with officials in 2003 regarding his options for wastewater treatment at this location.
He said there were no municipal wastewater facilities available to serve a development of the
scope and size of Tanglewood. Mr. Styers said following meetings with county officials, Mr.
Crouse was directed to talk with city officials to determine the options for wastewater treatment
in this area, given the size and scope of the Tanglewood project. He stated that in March 2004
Mr. Crouse was informed that he would have to find other means of providing the sewer
infrastructure, such as a public utility, to provide the wastewater capacity that would be needed
there. Mr. Crouse held meetings with the North Carolina Department of Environment and
Natural Resources and the North Carolina Utilities Commission to look at the options to provide
this final piece of the infrastructure, and he began assembling a team of individuals to help him
develop a wastewater system that would be environmentally sensitive, but yet state of the art
technology to ensure that the wastewater would be properly and carefully treated and disposed
of. Mr. Styers explained that the developer understood that the policy of the state was to
encourage water reuse and water reclamation, especially for large projects, recognizing the
valuable resource of the bodies of surface water. Mr. Styers introduced the team assembled by
Mr. Crouse to assist him with this project: Mr. Sonny McNeill, a manufacturer of wastewater
reuse systems; Mr. Lee Flemming, an engineer who designs and engineers wastewater reuse
plants; Mr. Lee Andrews, a geologist/soil scientist; and Mr. Steve Levitis, an environmental
attorney.

Mr. Styers stated that Mr. Crouse has begun the permit process which goes through a stringent
review, and a very detailed permit would govern the system. He said the facility would be a
privately-owned system, but would be regulated by the North Carolina Utilities Commission as a
public utility. He advised that there are currently 264 sewer systems in North Carolina owned by
private companies and regulated by the Utilities Commission. The Utilities Commission is
mandated by statute to ensure that the public interest is protected and will not grant a certificate
to operate a wastewater plant until it is satisfied that the applicant is able to operate the plant in
the public interest. The operator is also required to post a performance bond and the commission
has the power to appoint an emergency operator to make sure the public will continue to be
served by the public utility. Mr. Styers said the state recognizes the system that Mr. McNeill’s
company manufactures as safe, environmentally sound, and proven technology to ensure the
wastewater is properly treated and disposed of. He stated that in pursuing a private wastewater
system, Mr. Crouse is doing what he had been told he would need to do in order to provide
wastewater treatment for his development.

Mr. Sonny McNeill, owner of the McNeill Company, explained that they are proposing on this
project to treat the water to a higher level than is normally required in the State of North
Carolina. He stated that the products used in construction of the plants are non-corrosive and
expandable and will be there for the long-term. He said his company has a lot of experience with
beneficial reuse of highly treated water and they bring that technology into Mr. Crouse’s project.

Mr. Styers stated that he believes the trend in North Carolina will be that wastewater systems
cannot continue to discharge into waterways. He said the state is encouraging the non-discharge
permits and wants to see the treated water being reused. He stated that this is the type of system
Mr. Crouse is proposing for his project.

Chairman Trueblood recognized those individuals who had signed up to speak. Mr. John Spence
stated that he feels like the Tanglewood project is a development that everyone has been aware
of for some time. He said it is an opportunity for the county to create a tax base that would take
pressure off of ad valorem taxes that the property owners of Pasquotank County have to bear to
support the schools and other county services. Mr. Spence said a development such as the
Tanglewood Project will bring in a lot of big businesses and possibly research facilities that will
provide meaningful and well-paying jobs for the residents of Pasquotank County. He stated that
it appears Mr. Crouse has put a lot of time, effort and resources into planning the wastewater
system to serve Tanglewood. Mr. Spence said as a farmer, he and other farmers are in favor of
protecting the environment and utilizing resources for creating clean water runoff from farms.
He stated that the outdated system of treating wastewater and dumping it in the river is not
practical and there have been instances of sewage treatment plant malfunctions where raw
sewage has been discharged into the river. He said it only makes sense to reclaim and reuse
wastewater for irrigation, for fire protection, and for spray application as has been proposed by
Mr. Crouse. Mr. Spence stated that some of Mr. Crouse’s projects are time-sensitive and he
suggested that no more road blocks be put in his way.

Mayor John Bell of the City of Elizabeth City stated that he attended a meeting on March 3,
2004 with the developer and county officials. He said when the word “annexation” was used, the
meeting was over. Mayor Bell said Tanglewood’s attorney has stated that the developer is
interested in the future of Elizabeth City, and representatives from the city are at tonight’s
meeting to talk about their future. He said their concerns are the cumulative effect that this
development will have on the City of Elizabeth City. He stated that it is fine to have a
wastewater treatment system if there is no other source to handle the wastewater, however in this
case there is one. He explained that the city is currently using about 2.5 millions per day of
wastewater capacity and can handle just under five million. They have received a permit for an
additional 800,000 gallons and the plant was originally designed to handle nine million gallons
per day. Mayor Bell said he understands that the request from Tanglewood is for an initial
250,000 gallons per day, but over the long-term it would need three million gallons per day. He
stated this is more than is currently being used in the entire city and means that another
community the size of Elizabeth City will be built outside the corporate limits of the City of
Elizabeth City. He said this will not help the future of Elizabeth City. He expressed concern
regarding operation of the system, the buildout rates of the system, drainage, and adequacy of the
Land Use Plan. He advised that the city and county are currently working together on an overlay
district. He noted that this might be the appropriate time for the county to request that the city
incorporate this overlay district in its extraterritorial jurisdiction. He said they are concerned that
the county will not be able to provide services such as fire protection to this area without some
assistance from the city. Mayor Bell said they are concerned about the cumulative impact this
will have on the city’s future. He stated that the city needs to protect its future and its boundaries
and will do everything in its power to do what is best for Elizabeth City’s future.
Councilman Bill Lehmann stated that he fully supports Mr. Crouse and the Tanglewood
development because from an economic development standpoint it is good for the Albemarle
Area. He said Mr. Crouse controls a site which is probably the premiere development site on the
Eastern Seaboard. He stated that a lot of time and planning have gone into his project, however
he has grave concerns for the city, the county, and the region as to how it is approached. He said
while increasing the county’s tax base, it does nothing for the city’s tax base. He explained if
this property were provided infrastructure and sewer by the city and was voluntarily annexed into
the city, it would increase the county’s tax base as well as the city’s tax base. Mr. Lehmann said
he has no doubt that the systems discussed tonight can be built by the developers of Tanglewood
and that they will function as they should, however it makes no sense to him to not utilize a
system that is currently up and running and can more than provide for the capacity initially
requested, as well as the buildout rate. He stated that the city has far more than enough capacity
to provide for the needs of Mr. Crouse and still provide for other planned developments. Mr.
Lehmann noted he is very concerned about the future of Elizabeth City if this is allowed to occur
because the city is limited in revenues that it can raise through taxes by its geographical size. He
said this big development would take place outside of the corporate limits of the city and will
compete with the City of Elizabeth City. He added that the City of Elizabeth City is Pasquotank
County and he asked where the county would be without Elizabeth City. He asked that the
concerns and the effect on the city be considered before making a decision on this matter.

Commissioner Marshall Stevenson said he is very impressed with what has been said tonight and
has been impressed with Mr. Crouse’s efforts to make this happen in a way that everyone will be
proud of. He stated that he sees this as a win-win for the city and the county as it will bring more
and higher paying jobs. He said the state of the art plant that is being proposed appears to be
well-engineered. He stated that a lot has been said by the city tonight about sewer, however the
city’s real concern is not sewer because the city will not be making any money on sewer.
Commissioner Stevenson said he objects to additional treated or untreated water going into the
streams. He explained that the Pasquotank River is currently polluted because of the sewage that
is going into it. He stated that the permitting agencies are trying to get away from allowing
additional effluent into the streams. Commissioner Stevenson said he totally supports this
project and thinks it will be an asset to the county and to the city. He explained that whether or
not the development is in the city, it will benefit the city. He said the city can annex this
property in the proper way. He stated that Mr. Crouse has spent a lot of resources to put together
the team he has assembled because of the roadblocks that may or may not be put before him
tonight.

Commissioner Lloyd Griffin stated that he was also at the March 2004 meeting with Mr. Crouse
and city officials and what the Mayor said is correct. He asked what the cost would be to build
the system proposed by Mr. Crouse, what the annual operating costs would be, and who would
maintain the system. He said it has been pointed out in the past that there are some private
wastewater treatment plants in Wake County that have failed and Wake County has had to take
over the operations. He asked what assurances would be given to Pasquotank County that the
proper performance bonds are in place. Mr. Styers said of the 260 to 280 utilities that provide
wastewater services, there has been one in the last 20 years in Wake County that failed. He said
this one used a low pressure pipe system and when Hurricane Fran struck the Raleigh area, pine
trees were uprooted and destroyed some of the pipes. He stated in this case, there was also an
owner who had not increased rates so there were not sufficient maintenance reserves or
performance bonds to provide funds to repair the system. Mr. Styers said this technology is no
longer used and a performance bond is now required by General Statute before the Utilities
Commission can issue a certificate to a utility to ensure this does not happen again. He said the
fact that this happened once and under these circumstances should not cause any concern. Mr.
Styers stated that the cost of constructing the system is driven by the permit requirements of the
Division of Water Quality so until the permit is completed and the system is designed according
to the permit, the cost of constructing and operating the system will not be known.

Commissioner Matt Wood asked Mr. Steve Levitis what percentage of those citizens in North
Carolina who are served by a sewer system are served by a discharge sewer system. Mr. Levitis
responded that a significant percentage in the state are served by discharge systems. He advised
that it is the policy of the State of North Carolina to require all municipalities and industries to
evaluate every possible alternative before being permitted to discharge additional sewage into the
waters of the State of North Carolina. He noted that this has been the policy of the Federal
Government, of Congress, and of the EPA since the 1980’s, and is the policy of North Carolina.
He said as a result there are very few discharge permits issued in the State of North Carolina on
an annual basis. He stated for expansion of existing plants, the state requires a rigorous
engineering analysis to demonstrate that every option available has been evaluated so as to not
put more wastewater into the waters of the state. He explained that when the Federal Clean
Water Act was adopted by Congress in 1972, the goal of that act was to eliminate all discharges
to surface waters by 1985. Mr. Levitis said it is obviously 20 years past that goal, but Congress
has kept it on the books. Mr. Levitis added that the level of treatment that the McNeill plants
achieve is extraordinary and is state of the art. He said these non-discharge systems are held to
higher standards than the discharge systems and are consistently not only meeting the standards,
but exceeding them.

Commissioner Wood noted that many municipalities are concerned about the growth of private
sewer systems and what they do to unhook growth from local government. He stated that he
spoke with the Wake County Attorney who explained to him that local ordinances have been
developed in Raleigh that regulate private sewer systems from a growth perspective. He said the
local community needs to discuss and decide which way it wants to go. He stated that his
concern is not whether this proposed plant is environmentally sound or not, but whether or not it
is needed at this point. Commissioner Wood said he has previously discussed with Mr. Crouse
what would happen to the City of Elizabeth City when the sales taxes and ad valorem taxes from
a large retailer are removed from the city’s coffers. He stated this shortfall would have to be
filled somehow. He asked what this would do to the city. He said he wants the Tanglewood
development to work, but he thinks the community as a whole needs to be looked at and he does
not believe the city’s concerns have been taken into consideration.

Mr. Levitis said his understanding is that Mr. Crouse came before the Board of Commissioners,
worked with the Board on planning and zoning issues with regard to the project, and attempted
to address the wastewater infrastructure issues. He stated that the issues being raised are
legitimate issues, however he cannot understand why they are being raised at this stage of the
process. He said he thinks the sewer system being proposed for this project is a sound
wastewater solution.

Vice-Chairman Cecil Perry stated that he appreciates the work Mr. Crouse is doing and can see
that the system he is proposing is a state of the art system. He said when he previously spoke
with Mr. Crouse about this project, he expressed a desire that Mr. Crouse work and communicate
with the city. He said it has been stated that the city told Mr. Crouse to go and get his sewage
treatment plant permitted. Vice-Chairman Perry said that Elizabeth City is the hub for 90% of
the people who are poor and someone has to take care of them, and if connecting public services
is a means of lowering rates to those residents of the city, he is in favor of it.

Mr. Styers stated that Mr. Crouse has been playing by the rules laid out by the Board of
Commissioners when it enacted zoning in 2001, when the natural gas pipeline was being
developed, and when the road was being designed. He said it should not come as a surprise that
this is where the growth is going to occur. He stated that vision is needed to make that happen
and this is what Mr. Crouse wants to do. He added that the opportunities are where they are
going to be and the opportunities in this instance are outside of the city limits.

Commissioner Hank Krebs stated that he fully supports the Tanglewood project and thinks it is
probably the best location on the east coast for development right now. He said he does however
see a couple of red flags. He said this is the second type of sewage treatment plant that has been
proposed by Mr. Crouse in the past year as he has previously presented a proposal for a Sheaffer
system. Mr. Crouse responded that a permit application was never submitted for this plant
because he was looking at all available options. Commissioner Krebs said the second red flag is
the fast track process for a three million gallon facility. He said that something seems amiss
when the growth is not there right now. He stated in his discussions with officials from the
Division of Water Quality and the Department of Environment and Natural Resources he has
found that they would like to see current systems used to their capacity before new systems are
created. He pointed out that there currently is a sewer system in the City of Elizabeth City that
has not reached its capacity and is available to the Tanglewood development. Commissioner
Krebs added that he feels it is in the best interest of the community when a local municipality
operates such a system rather than a private developer.
Mr. Styers responded that Mr. Crouse has been looking at a number of options including the
Sheaffer system, however there has not been such a system operating in North Carolina. After
investigating all the options, Mr. Crouse determined that the McNeill plant was the best option
because it has a proven track record in North Carolina, and is one that the North Carolina
regulators feel comfortable with. Mr. Styers added that there are a lot of private utilities
throughout the state operating very successfully and providing valuable infrastructure for jobs
and economic development.

Mr. Levitis explained the fast track system. He advised that one of the single biggest problems
with the regulatory system in recent years has been a horrible backlog in the processing of non-
discharge system permits. He said the policy of the state has been to push people into using the
non-discharge systems because of the consensus view that they are environmentally superior to
discharge systems. He stated that because of this policy directive more and more non-discharge
permits were submitted, however the staff of the permitting agency was not growing to keep up
with the permits. Because of the backlog and the year-long delays in permitting a project, the
General Assembly directed the Department of Environment and Natural Resources to develop
the express review process in order to allow a more reasonable processing time. In order to
participate in the express review process, the applicant has to pay additional fees to support
individualized attention. Mr. Levitis stated this is still a highly rigorous technical review of
applications by engineers in the Division of Water Quality. This will lead to a long list of
conditions with which the developer has to comply including meeting non-discharge effluent
limits that are significantly more stringent than those that have to be met by most municipalities.

Commissioner Jeff Dixon stated that this process has been going on for eighteen months to two
years. He asked if the city has made any movement toward annexing the Tanglewood area. He
also asked if it is true that because the area is not contiguous to property located in the city limits
that it cannot be annexed. He asked why the city would attempt to hold up the Tanglewood
project if the property cannot legally be annexed.

City Manager Rich Olson advised that municipalities have rules they have to follow before
annexing certain property if it is a forcible annexation or a unilateral annexation. State Statute
requires that the property have at least two people per acre and that it be urban in nature. He
pointed out that the Tanglewood property does not meet either of these criteria and therefore the
city cannot annex the property except through an agreement with Mr. Crouse and Tanglewood
Farms. He stated that a number of discussions have been held with representatives of
Tanglewood on this issue and this is what they are working toward now. He explained that the
window of opportunity is shrinking, not only for the city to provide sewer to the property, but
also for Mr. Crouse to meet the deadlines provided in his contract with the developers of the
Wal-Mart SuperCenter. Mr. Olson said in September, October or November, the city could have
almost guaranteed that construction of the sewer line could be completed by March 1, 2006,
however at this point the city cannot guarantee it. He added that he also does not feel that Mr.
Crouse can guarantee that the plant could be built in such a short time. Mr. Olson said the city
would be happy to allow Mr. Crouse to design and build the sewer line to state specifications and
tie into the city’s sewer system on Hughes Boulevard and then the city would take it over. He
stated that because of issues associated with negotiation and the lack of Mr. Crouse wanting to
be annexed into the city or creating a schedule to be annexed, that timeline is shrinking. He said
a decision would have to be made very shortly in order for the city to guarantee that the line
would be built within Mr. Crouse’s timeline.

Commissioner Dixon asked if Mr. Crouse could build the sewer system and the city annex the
property at a later time. Mr. Olson stated that the city’s policy has been that developers who
want to tie into the city’s sewer system have to be annexed into the city.

Commissioner Marshall Stevenson said he recalls a meeting that was held with the city and with
the Tanglewood developer in August or September at which time the city would not commit to
Tanglewood’s timeline. Mr. Olson stated that he explained at that meeting that it takes anywhere
from twelve to fourteen months from design to construction to completion. He said when the
meeting was held there was sufficient time to do that.

Commissioner Griffin asked if the county water system can currently provide three million
gallons of water to the Tanglewood site. The County Manager responded that the water system
currently has excess capacity of about 500,000 gallons that would be available for growth. He
said once the reverse osmosis water plant is constructed, there would be sufficient water for
Tanglewood’s buildout rate of three million gallons. He added this RO plant is in the permitting
stage and if the permit is received this year, it would probably be at least three years before the
construction of the reverse osmosis plant is completed. Mr. Styers noted that the initial permit to
the Division of Water Quality is for 250,000 gallons per day. The project design anticipates that
at full buildout of Tanglewood there could be needs for wastewater treatment capacity of three
million gallons per day. He said buildout could be fifteen or twenty years.

Commissioner Griffin asked Mr. Lee Flemming the costs of constructing the sewer plant. Mr.
Flemming stated that a plant in the range of 250,000 gallons per day could cost from $1.75
million to $2 million. He added until the permit is received to determine how the plant should be
designed, the actual numbers will not be known. He noted that if the plant was not reasonably
priced with a reasonably effective operation, he would not have been in business for 40 years.
He said the cost of operating the plants are generally comparable to municipal operations of the
same size in order to be competitive. The costs of the actual treatment and operation of the plant
will run between $1.00 and $2.00 per gallon depending on the level of treatment required.

Commissioner Griffin said he understands that the city has offered a project cost of about
$870,000 to run an eight-inch sewer line down the Halstead Connector to tie into the
Tanglewood facility with some future annexation. Engineer Bob Farris responded that the city
had made an offer, however that offer has been changed such that he does not know the city’s
position at this time. He stated that the problem is in getting the sewage from Wal-Mart to the
pump station at the Quality Inn. He said it still would not be in a quantity capable of supporting
the development at the wastewater treatment plant. He said it will take a 19,000 foot long line to
get from the Quality Inn to the wastewater treatment plant. He stated that the proposal he saw
showed this as a 16-inch force main with a pump station near the Quality Inn, and the numbers
that were proposed to him for this pipeline and the Halstead pipeline was a total of about $2
million. The cost of installing a 16-inch force main from the pump station at the Quality Inn up
Hughes Boulevard, the cost of ripping up Hughes Boulevard, putting a force main through it, and
connecting is significantly more than was represented to them. He said he had contacted a
contractor who gave him a figure of about $2.9 million which did not include a pump station.
Mr. Farris added that it may take two pump stations to handle the volume and velocity that will
need to be handled. He noted that the quantities it has been estimated that the Quality Inn pump
station can handle have changed every time they have talked with the city. He said they feel the
Tanglewood development will grow very rapidly and will soon reach the limitation even if the
Quality Inn pump station is upgraded to handle the initial flow.

Mr. Olson responded regarding the cost estimates of the line. He said the city would propose,
based on its engineering analysis, a 12-inch force main that would run down Halstead Boulevard
and tie into the Hughes Boulevard interceptor line once it is constructed. In the short term it
would dump into the manhole on Hughes Boulevard and then go into the Quality Inn lift station.
The pumps at the Quality Inn lift station would have to be upgraded to handle the 250,000 gallon
flow until the Hughes interceptor line is built. The Hughes interceptor line will have its own lift
station. There will be a 1,500 gallon per minute lift station most likely constructed at Knobbs
Creek to serve the U.S. 17 North sewer line which the Hughes interceptor line would also tie
into. This lift station would run from that point to the city’s wastewater treatment plant via either
a 16 or 24 inch force main. Chairman Trueblood asked who would be responsible for paying for
the construction of the Hughes interceptor line. Mr. Olson said the city has applied for a Rural
Center grant and the city is trying to secure additional funding. He said the shortfall will be paid
from impact fees associated with new customers. He explained the cost is estimated at $990,000
to construct a 12-inch force main on Halstead Boulevard. The cost of the Hughes interceptor
line on a different route is estimated at $1,090,000.

Commissioner Matt Wood noted that if the county commits to the 250,000 gallons of water that
Tanglewood needs, it would commit to approximately one-half of the available county water
capacity until the new reverse osmosis plant is built. He asked if the county could run out of
water to make available for developers until the new RO plant comes online. County Manager
Randy Keaton stated that the 500,000 gallons available for growth is based on peak flow and
there are agreements with the city to buy water in various areas if there are shortfalls. He said on
a daily basis there are more than 500,000 gallons available, however on a peak day this is all that
would be available which is what has to be planned for. Mr. Keaton said the water
superintendent has stated that there is currently sufficient water for normal growth, however if a
large user were to request a significant amount of water, the county water system might not be
able to supply that user. Commissioner Wood pointed out that the capacity of any sewer plant is
somewhat limited by the capacity to provide water. He said in reality the county’s capacity to
create water is limited until the new reverse osmosis plant is online which is approximately three
years away.

Commissioner Wood said it has been stated that annexation is not the purpose of tonight’s
meeting, however he finds great difficulty in separating the issue of the Tanglewood sewer
project from the issue of annexation because he has heard the developers and those who support
the sewer project state that they anticipate annexation. He asked if annexation is anticipated why
the property cannot be annexed now. He said the people that work and shop in this development
will be people who live in the City of Elizabeth City and their future should be considered in this
project. Commissioner Wood stated that he does not necessarily oppose the sewer plant, but is
concerned about the impact of a large retail development outside of the city. He asked if the
sewer plant is built what pressure there would be to ever annex the site.

Chairman Trueblood said he would address a statement that eluded to a March meeting. He said
a statement was made that the developers of Tanglewood would need to move on with their
project. He stated that he firmly believes tonight’s meeting is nothing about sewer whatsoever,
and is a shadow being hidden behind for the purpose of annexation, taxes, and money. He said if
today there was annexation on the table and it was going to happen, if ElectriCities was going
into the development without opposition, and if all of the other things that have been talked
about were in place, no one would care about sewer because the city does not stand to make
money out of providing sewer. He stated they would make money from taxes and from public
utilities, i.e. power. He said he firmly believes that there is no intention of this developer to
block annexation in the future because it is going to happen on Halstead Boulevard as has
happened in other areas of the city and in other communities. He said Halstead Boulevard will
become part of the city in the future, however now is not the time for it to happen. He said water
and sewer will not happen overnight and the economy will dictate how fast this development will
move.

Commissioner Stevenson stated that he too feels this meeting is not about sewer. He said he has
heard a lot tonight about concerns from the city and about concerns from certain Commissioners
that the city will fall if Tanglewood does not agree to voluntary annexation. He stated that no
one knows what the future holds, however his personal feeling is that the Tanglewood
development will be something everyone can be proud of and will be an asset to the city and the
county. He said he feels like this is about taxes, about business licenses, and about ElectriCities.
He noted that the only thing the city currently stands to lose is a Wal-Mart store, and someone
may come in and fill that store which would allow the city to get back what it would lose.
Commissioner Stevenson said the roadblocks that are continually being thrown up to
Tanglewood getting its permit are due to more than sewer. He stated that most would agree that
it is not right to continue to dump sewage into the Pasquotank River. He said what is right is to
make the environment cleaner and safer, and he thinks that is what is being attempted with this
project.

Commissioner Griffin pointed out on the county zoning maps that the Tanglewood property is
almost the same size as the City of Elizabeth City. He said in essence another whole city with its
own tax structure could be grown such as has been done in recent years with Southern Shores
and Duck in Dare County.

Mr. Styers said it has been stated that the issue is annexation and that is the issue. He stated that
the sewer system needs to built because it is the right thing to do. He said the Board does not
have to vote to approve the system because that will be done in Raleigh. He said the permitting
of the sewer system does not mean there won’t be annexation. He stated that the sewer system
and annexation are not linked but are two separate issues. Mr. Styers explained that Attorney
Clyde Holt has been advising Mr. Crouse on issues regarding annexation and he asked Mr. Holt
to address the annexation issue.

Mr. Holt stated that Tanglewood sought him out because they knew annexation was an issue and
that annexation would likely at some time be logical for this particular project, and they
authorized and instructed him to come to Elizabeth City to negotiate a fair, rational, and practical
annexation agreement with the City of Elizabeth City. He said he contacted the City Attorney
and the City Manager and met with them several times. Mr. Holt stated that Tanglewood is not
opposed to annexation. He said an issue that was very important to Tanglewood is that this is a
6,000 acre project, not just a Wal-Mart, and Tanglewood was interested in the annexation of not
only the initial 100 or 400 acres, but wanted an agreement that would cover the entire 6,000
acres. He stated they were also interested in securing utilities including water and sewer, not just
for the initial phase but for the entire 6,000 acres. He said they were interested in obtaining it in
a timely fashion because Tanglewood was making private contractual commitments and personal
guarantees to buyers and perspective tenants that land would be available for development and
that utilities would be there by a finite future date. Mr. Holt explained that Tanglewood either
has to take it upon itself to ensure that those utilities are available by those dates or it has to ask
for appropriate guarantees from the county and city that they will be there. He stated they were
also very interested that this remain a customer choice area in the future as far as electric service
is provided. He stated they went to the city and county and laid those issues on the table and had
some very fruitful discussions concerning a phased annexation over a period of years and the
potential of extending municipal sewer services to the Tanglewood development, but several
problems remained and still remain. He said it is Elizabeth City’s current policy that it will not
ever extend utilities nor ever annex west of the bypass and were therefore unable to give them
commitments that they could provide service to the entire project. Mr. Holt explained that one of
Tanglewood’s alternatives and suggestions was a private wastewater treatment plant that would
provides services west of the bypass, even if municipal lines only extended to property east of
the bypass. He said they also asked what types of guarantees Elizabeth City could give them that
the Halstead Boulevard force main could be extended, that the pump station could be installed,
and that the further extensions between the pump station and the treatment plant could be
provided for in a timely fashion. He stated that he asked the city for an agreement that would
provide in the event the city should default and not be able to provide the utility services in a
timely fashion, that Tanglewood would then be able to build the plant for which it is now seeking
a permit. Mr. Holt said the City Manager informed him that he had been instructed by the City
Council to advise that Tanglewood must abandon its efforts to secure a permit for a separate
wastewater treatment plant or all negotiations for annexation would cease. He stated that he
requested permission to address the City Council and explain to Council that the permit does not
preclude annexation, that receipt of the permit does not mean that Tanglewood would even build
its sewer plant if the city were able to honor its commitments, and that it is unfair to expect
Tanglewood to put itself, its contract purchasers, and the tenants of this development at the
mercy of the city’s political will and its ability to finance the improvements. He said that
Tanglewood would need to be in a position to go independently if the city was not able to do
what it said it could do. Mr. Holt said the meeting was initially scheduled and then he was
advised that City Council did not want to meet with him to discuss annexation if Tanglewood did
not abandon its efforts to obtain the permit. He advised that he had been specifically employed
by Tanglewood to negotiate annexation with the City of Elizabeth City, and he again requested
permission to talk with the City Council to attempt to explain that the city should not feel
threatened by the permit. He added that because Tanglewood asked for a permit, it would not
preclude annexation, and because they receive a permit, it would not preclude annexation. He
said the primary importance was that this would be the only guarantee available if the city,
despite its best efforts, defaulted on its commitment to provide utility services when they were
needed and to upgrade their plant when it was needed. Further, since the city was not going to
allow the extension of utilities west of the bypass, the Tanglewood developers did not see how
the land west of the bypass could develop except pursuant to a permit. He noted that the reason
there are not currently discussions going on with the city is that the city has chosen not to
proceed because Tanglewood has declined to withdraw the sewer plant permit application.

Mr. Olson noted that he will be happy to provide to the Board of Commissioners copies of all
correspondence concerning the city’s discussions with Tanglewood regarding annexation and
service delivery for the development.

Commissioner Wood advised Mr. Holt that most of the members of the City Council are in
attendance at this meeting and are hearing the information being provided. He said he is
concerned about the timeline for annexation and he asked Mr. Holt to tell City Council what that
timeline would be. Mr. Holt said the timeline suggested to the City Manager and the City
Attorney was that the annexation would likely have to be done on a satellite basis since the
intersection of the bypass and Halstead Boulevard is so far from the existing corporate limits.
He stated this would create problems with Elizabeth City because currently they have more
property that has been annexed on a satellite basis than the statute allows. He said they proposed
to the city annexation of each phase as it was developed, and they also proposed approaching the
General Assembly together for an exemption that would allow Elizabeth City to annex
Tanglewood on a satellite basis notwithstanding the fact that it otherwise might not meet the
technical requirements.

Commissioner Wood asked if it wouldn’t be logical that this area be put into the extraterritorial
jurisdiction of the city now if annexation is anticipated. Mr. Holt said since the first phase at the
intersection of the bypass and Halstead Boulevard is more than the ETJ limit from the existing
primary corporate limits, it would be illegal for the city to have exterritorial jurisdiction over this
phase at the current time. Commissioner Wood asked if it could be done if the county requested
it. Mr. Holt responded that the county and city would have to agree upon it and they would have
to request authority from the General Assembly to extend the ETJ over the immediate
intersection because it is too far away.

Mr. Olson advised that the city is contiguous to Tanglewood’s property, therefore there is not a
satellite annexation issue. He stated that the city does have enough acreage available under state
statute to annex a substantial part of Tanglewood. He said based on existing state statutes the
city could include this area in its ETJ.

Vice-Chairman Perry asked if there is something that can be done so that everyone can be on the
same page. He said he dislikes the division that he sees here and there should be some way that
everyone can work together on this issue because unity is really needed. He stated that he feels
the Tanglewood project will certainly be successful, but he feels it will be a greater project if
everyone can work together. He suggested that more discussions be held among those involved.

Chairman Trueblood stated that tonight has provided an opportunity not to slow the process, but
to continue the process. He said he agrees that open dialogue is needed. He said he is concerned
that there was not opportunity to address City Council as pointed out by Mr. Holt. Chairman
Trueblood added that he hopes what is done after tonight’s meeting does not slow the process on
the Tanglewood project because of its importance to the county and the city.

Commissioner Krebs stated that he is opposed to the building of this land application sewer plant
in Tanglewood because there is existing capacity by the city to handle the sewer. He suggested
that the Board instruct the County Attorney to draft a letter to send to the appropriate regulatory
agencies in opposition to the permitting of the Tanglewood LLC sewer plant due to the current
availability within Elizabeth City’s sewer system. He said he would also request that a public
hearing be held on the permit application.

         Motion was made by Hank Krebs, seconded by Matt Wood to instruct the
         County Attorney to draft a letter to send to the appropriate regulatory agencies
         in opposition to the permitting of the Tanglewood LLC sewer plant due to the
         current availability within Elizabeth City’s sewer system, and to request that a
         public hearing be held on the permit application.

Discussion followed and Commissioner Dixon said he would like to remind the Board that
without economic development such as this Pasquotank County could not build schools, a
library, a public safety building, and a jail. He stated that the developer of Tanglewood has not
asked for anything from the taxpayers to do his project and just wants to be left alone to do it.
He said it will provide jobs and taxes back to the county and will ripple through the city. He
stated that he does not feel this project needs to be held up and he is against Commissioner
Krebs’ motion.

Commissioner Wood said in the spirit of cooperation he would ask if the motion could include
that the parties would be given two weeks so that more negotiations could be held between the
developers and the city. He stated he would be willing to delay the motion if there was an
understanding that these discussions with regard to annexation would be continued.

Commissioner Stevenson stated that he has great concern about what is happening here tonight.
He said for months now he has heard rumors and innuendos about certain Commissioners trying
to find ways to throw roadblocks up for the permitting process. He added that the sewer plant is
not the issue and the sewer plant needs to happen because it is the right thing for the
environment. He stated that not one person has come to him to say anything bad about this
project. He said every comment he has heard was good because everyone thinks the
Tanglewood Project will bring jobs and will help both the city and the county.

Commissioner Wood asked if Commissioner Krebs would agree to amend his motion to state
that it would take effect in two weeks to provide time for the parties to negotiate.

Commissioner Krebs noted that time is of the essence since this permit is going through a fast
track process, and if a protest were filed, it could always be withdrawn at a later date if the Board
determined to do that. He did not agree to amend his motion.

Commissioner Wood stated that there are some legitimate concerns and he does not want to be
accused of putting up roadblocks. He said everyone, including the City Council, wants this
development to occur and there is a right way to do it. He said there is no desire to delay the
project, however there is a desire that the project be done with the City of Elizabeth City being
involved with Pasquotank County.

Chairman Trueblood noted that the Board meets every two weeks or could call a meeting
anytime if it determined that the dialogue among the parties is not taking place. He suggested
that Commissioner Wood withdraw his second to the motion.

Mr. Levitis advised that the Board is not in any danger of not having an opportunity to request a
hearing in this two week context. He explained that the capacity in another system is not
grounds for the Division of Water Quality to deny a permit. He stated that a lot of constructive
progress has been made tonight and he feels that the step to oppose the permit application would
not be a positive one and would tend to polarize rather than bring the parties together.

Mr. Jon Crouse asked that Commissioner Wood consider withdrawing his second to the motion.
He stated that he feels tonight’s meeting has been a productive one and a lot of issues have been
brought out in the open. He said the issues cannot be addressed if the parties do not get together.
He said he would authorize and instruct his counsel to meet with the city. He stated they have
come to the county over the last three years to try and move this project forward. He said there
is nothing for him to go to the city and ask for at this point, but he will allow Mr. Holt to
continue discussions with the city. He added that there is a solution here and there are a lot of
opportunities that are on the drawing boards that will create the types of jobs that everyone can
be proud of.

Commissioner Wood stated that he would withdraw his second in the spirit that negotiations will
continue with the city for an agreement that will be satisfactory to all.

        The second was withdrawn and the motion died due to the lack of a second.

Commissioner Griffin said since Mr. Crouse has submitted an application with the Department
of Environment and Natural Resources Division of Water Quality for a 250,000 gallon per day
sewer plant, he suggested that the Division of Water Quality be asked to investigate the city’s
current ability to provide sewer to this site before issuing a permit.

Mr. Levitis stated that the Board of Commissioners’ opposition to the permit application would
be unproductive and would just serve to polarize the process. He noted that significant progress
has been made tonight and Mr. Crouse has committed to renewing conversations with the city.
He said there is time for the city or the county to weigh in this express review process and
request a hearing after there has been an opportunity for additional dialogue.

Commissioner Griffin asked if Mr. Crouse would be willing to withdraw his permit application
while these discussions with the city are going on. Mr. Levitis explained that Mr. Crouse would
not want to withdraw his permit application because it would preserve an option if for some
reason the city is not able to work out an agreement with Mr. Crouse. He stated that the express
review process has a very regimented timeline and they had to get a place in the queue which is
very competitive. He said they missed a place the first time and are not prepared to give it up
this time. He advised they are still some weeks away from any action by the Division of Water
Quality on the permit. He reported that the application has been reviewed, they have been asked
to provide information in response to that review which they are doing, and they will have
another meeting with the Division of Water Quality in three weeks. If everything is in order at
that time, it would probably be a minimum of three weeks after that before there would be any
permit issuance.

Commissioner Wood noted that what he has heard from the developers is that they are willing to
continue to negotiate. He said the county will watch that process with interest and will take
action in the future based on what happens with those negotiations.

        Motion was made by Lloyd Griffin, seconded by Hank Krebs that the county
        send a letter to the Department of Environment and Natural Resources
        requesting that they consider the city’s sewer capacity as part of Mr. Crouse’s
        project and his permit application. The motion failed by a two to five margin
        with Commissioners Griffin and Krebs voting in favor of the motion.

Chairman Trueblood thanked everyone for their attendance tonight. The meeting was adjourned
at 9:12 PM.




                                                CHAIRMAN


CLERK
                                           PASQUOTANK COUNTY, NORTH CAROLINA
                                           JANUARY 10, 2005

The Pasquotank County Board of Commissioners met today in a special joint meeting with the
Albemarle District Jail Commission and the Boards of Commissioners from Camden and
Perquimans Counties on Monday, January 10, 2005 at the Albemarle Commission Building, 512
South Church Street, Hertford, North Carolina.

MEMBERS PRESENT:                 Bill Trueblood, Chairman
                                 Cecil Perry, Vice-Chairman
                                 Matt Wood
                                 Jeff Dixon

MEMBERS ABSENT:                  Lloyd E. Griffin, III
                                 Marshall H. Stevenson, Jr.
                                 John “Hank” Krebs

OTHERS PRESENT:                  Randy Keaton, County Manager
                                 Rodney Bunch, Asst. County Mgr. for Planning & Econ. Dev.
                                 R. Michael Cox, County Attorney
                                 Karen Jennings, Clerk to the Board

The meeting was called to order at 2:00 PM by Jail Commission Chairman Charles Ward. Mr.
Ward explained that most of the Commissioners understand that there is a very serious
overcrowding problem at the Albemarle District Jail. He advised that the jail was built to house
88 prisoners, however it is averaging 150 every day. He stated that Chowan and Gates Counties
are having similar problems and representatives from those counties have been invited to today’s
meeting to hear the presentation in order to determine if they might be interested in joining with
Pasquotank, Perquimans, and Camden. He said they have looked at several alternatives to
relieve the overcrowding in the short-term, however a permanent solution must be found. He
explained that what is being suggested is a new 200 bed jail with central facilities for 400 beds.
He introduced Mr. Jim Brennan of Brennan Associates to present the recommendations for a
new jail.

Mr. Brennan stated that the concept being presented today is a facility with housing for 200
inmates in the initial phase with the infrastructure or support functions sized for 400 beds so that
200 beds could be added in the future. He noted that the jail could be expanded in increments of
80. He provided the proposed floor plan and the estimated budget for the facility. He estimated
that the overall project cost of the 200 bed facility would be $16,119,948 including site work,
contingency, furnishings, fixtures & equipment, and technical costs. Mr. Brennan also provided
estimated personnel costs for staffing and operating the 200 bed facility. He summarized the
total annual cost for debt service and for operation of the facility to be $3,123,607. He said there
is an opportunity to house some federal inmates in this facility. He stated if the facility could
house 40 federal inmates and 15 inmates from other counties, it would generate $1,003,750 per
year in revenue for the jail. This would result in a net annual cost of $2,119,857. Mr. Brennen
provided the following breakdown of the costs to each county for the operation of the current jail
and the projected costs for operation of a new 200 bed facility.

       2004 Budget – 88 Bed Facility                      2007 Budget – 200 Bed Facility

County            Percentage          Cost         County              Percentage          Cost
Pasquotank           66%           $1,175,130      Pasquotank             66%           $1,399,105
Perquimans           21%              373,905      Perquimans             21%              445,170
Camden               13%              231,464      Camden                 13%              275,582
                                   $1,780,499                                           $2,119,857

Mr. Brennan explained that 10 to 15 acres of land would be needed for the new jail and the Jail
Commission would like to locate the jail in the Pasquotank County Commerce Park on property
near the Pasquotank Correctional Institution because of the availability of roads, water, sewer,
and natural gas in the Commerce Park. Sheriff Randy Cartwright noted that there might also be
some sharing of services with the Correctional Institution. Mr. Brennan said the next step would
be to identify the property, perform surveys, and conduct soil borings.

Mr. Ward stated that direction is needed from the three boards of commissioners as to how to
proceed and he asked each board to adopt resolutions endorsing the plan that has been proposed.
Chairman Bill Trueblood suggested that the Jail Commission send letters to the three counties
specifically requesting endorsement of the proposal. It was suggested that the County Managers
work together to determine how financing would be obtained for the project. Mr. Ward also
asked that Chowan and Gates Counties decide as quickly as possible whether they want to join
with Pasquotank, Perquimans, and Chowan in the Albemarle District Jail so that it can be
determined whether additional beds will be needed in the initial phase.

Mr. Ward thanked everyone for attending today’s meeting. The joint meeting was adjourned at
3:10 PM.




                                                 CHAIRMAN


CLERK
                                          PASQUOTANK COUNTY, NORTH CAROLINA
                                          JANUARY 18, 2005

The Pasquotank County Board of Commissioners met today in a regular meeting on Tuesday,
January 18, 2005 in Courtroom C in the Pasquotank County Courthouse.

MEMBERS PRESENT:                Bill Trueblood, Chairman
                                Cecil Perry, Vice-Chairman
                                Matt Wood
                                Marshall H. Stevenson, Jr.
                                John “Hank” Krebs
                                Jeff Dixon

MEMBERS ABSENT:                 Lloyd E. Griffin, III (Out of Town)

OTHERS PRESENT:                  Randy Keaton, County Manager
                                 Rodney Bunch, Asst. County Mgr. for Planning & Econ. Dev.
                                 R. Michael Cox, County Attorney
                                 Karen Jennings, Clerk to the Board

The meeting was called to order at 7:00 PM by Chairman Bill Trueblood. The Rev. Fondella
Leigh, Pastor of Stevens Chapel AME Zion Church, gave the invocation and Vice-Chairman
Cecil Perry led in the Pledge of Allegiance to the American Flag.

1.        AMENDMENTS TO THE AGENDA:
Chairman Trueblood asked if there were any amendments to the agenda. It was requested that
the agenda be amended to include consideration of the following recommendations from today’s
Finance Committee meeting: 1) authorization for the Albemarle District Jail Commission to hire
an architect to begin designing a new district jail; and 2) authorization for the Emergency
Medical Service to hire four additional personnel to cover Monday, Tuesday, and Wednesday
nights. The County Attorney requested the addition of a Closed Session to preserve the attorney
client privilege.

        Motion was made by Hank Krebs, seconded by Cecil Perry to approve the
        amendments to the agenda as presented. The motion carried.

2.        APPROVAL OF FINAL PLAT FOR HORSESHOE ACRES, PHASE 6:
The Board considered the final plat for Horseshoe Acres, Phase 6, a six-lot residential
subdivision in Providence Township. The Board had delayed consideration of the final plat at
the last meeting pending completion of several items. Assistant County Manager Rodney Bunch
explained that he inspected the site today and found that the swales have been constructed
according to the preliminary plan. He said he received in the mail today the two irrevocable
letters of credit from First South Bank. The first letter of credit in the amount of $20,410 would
guarantee completion of road improvements, and the second letter of credit in the amount of
$7,853 would guarantee maintenance of the streets until accepted by the North Carolina
Department of Transportation. Mr. Bunch advised that the project meets requirements for final
plat approval.

        Motion was made by Matt Wood, seconded by Cecil Perry to approve the final
        plat for Horseshoe Acres, Phase 6 as presented. The motion carried.

3.       DISCUSSION ON REVISED PROPOSAL FROM ELIZABETH CITY FOR U.S.
         17 NORTH SEWER LINE AGREEMENT:
The Board reviewed a letter from City Manager Rich Olson regarding City Council’s
counterproposal for the U.S. 17 North sewer line agreement. Chairman Trueblood reported that
he has countered to the city a proposal that in lieu of an impact fee for those customers with
meters larger than ¾ inch the city would collect the impact fee upfront and an assessment would
be made at the end of six months. If the daily consumption is 200 gallons or less, then the
impact fee would be refunded to the customer. Chairman Trueblood said there are several
businesses currently in the Commerce Park whose daily consumption is less than 200 gallons.
He stated in the spirit of the 1999 agreement, the concept is to allow all businesses located in the
Commerce Park to be exempt from the impact fee if they are small users.

Commissioner Jeff Dixon said he has an issue with removing the 500,000 gallon allocation to the
Commerce Park from the contract. He noted that if a large user were to locate north of the
Commerce Park that needed an allocation of 250,000 gallons of sewer, the county would be at
the mercy of the city to provide the needed sewer allocation if the contract does not specify the
county allocation. Chairman Trueblood stated that the contract would be worded such that any
and all customers in the Commerce Park would be provided sewer regardless of their
consumption.

Commissioner Hank Krebs asked if businesses in the Commerce Park that hook onto the sewer
line would be exempt from annexation. City Manager Rich Olson said these businesses would
be exempt according to the contract with the county. Commissioner Krebs asked if others that
hook onto the sewer line besides businesses in the Commerce Park would be subject to
annexation. Mr. Olson explained that if they request sewer service from the city they would
either have to be annexed or sign a pre-annexation agreement.

Board members agreed to the concept of the proposed changes but requested to consider the final
written document once all of the changes have been included. The County Manager and City
Manager will prepare the draft agreement to be included on the agenda for the joint city-county
meeting on January 31.

4.      ASSESSMENT PROCEDURES FOR CRYSTAL LAKE SUBDIVISION:
County Attorney Mike Cox stated that he would like to discuss the assessment procedures for
Crystal Lake Subdivision with the Board in Closed Session. He reported to a resident of Crystal
Lake who was in attendance that the process is moving forward and the assessments will be
placed on the property at some point in the future after some administrative decisions are made.

5.      APPROVAL OF CONSENT AGENDA:
County Manager Randy Keaton stated that members of the Board had suggested the use of a
consent agenda and it is being implemented with tonight’s meeting. He said items on this
portion of the agenda are considered routine and the Board can simply vote to approve the
consent agenda which will approve all of the items included in the consent agenda. If any Board
member wants to discuss an item individually, then he could request that item be removed from
the consent agenda and it would be acted on separately. The Board considered the following
consent agenda:

a.      Approval of Minutes of January 3 and January 4, 2005 Commissioner Meetings

b.      Tax Releases and Refunds Recommended by Finance Committee

Releases:
                                                                            County         City
1.     Christina L. Stouffer                                                  116.19        101.58
2.     Charles Jeffrey Longer                                                 157.29
3.     Booker T. & Mary Walton                                                614.10
4.     Booker T. & Mary Walton                                                475.00
5.     Jason Binns Dungca                                                     119.28
6.     Kelly Anne Snyder                                                      102.25          78.72
7.     Kelly Anne Snyder                                                      267.55         213.44
8.     Stephen Robert Erickson                                                121.86
9.     Jeremy Walker Simmons                                                  128.12
10.    Scott Andrew Campbell                                                  215.60
11.    Carolyn J. Johnson Etal                                                190.00

Refunds:
1.    Stephen Eugene Armistead                                                153.94

The following tax releases and refunds less than $100 have been approved by the Finance
Officer since the last meeting:
Refunds:
                                                                            County            City
1.    Betty Cooper                                                             12.90
2.    Betty Cooper                                                             12.90
3.    Betty Cooper                                                             12.90
4.    Betty Cooper                                                             11.70

The following requests for release or refund of the solid waste availability fee have been
approved by the Tax Administrator:

OWNER’S NAME                       PARCEL ID NUMBER              REASON FOR RELEASE
Hercules Cole, Jr.                 P122A-239                     Unoccupied since 1999

c.      Petition for Addition of Crystal Lake Drive and Lakeside Drive to the State System
The residents of Crystal Lake Drive and Lakeside Drive have submitted a petition for the
addition of Crystal Lake Drive and Lakeside Drive to the state system for maintenance. The
Board needs to adopt a resolution requesting that the North Carolina Department of
Transportation add this road to the state system for maintenance.

d.      Appointment to Adult Care Home Community Advisory Committee
At the last meeting the Appointments Committee recommended the appointment of Vandora
Saunders to the Adult Care Home Community Advisory Committee. Her application has been
provided to members of the Board and the Board can now give final approval to the
appointment.

e.      Adoption of Resolution Approving Signatories for Wachovia Account
The Finance Officer has requested that the Board adopt a resolution approving signatory parties
for a new account at Wachovia Bank. Those authorized to sign on the account would be
Chairman Bill Trueblood, Vice-Chairman Cecil Perry, County Manager Randy Keaton, and
Finance Officer Sheri Bulman.

           Motion was made by Matt Wood, seconded by Marshall Stevenson to approve
           the consent agenda as presented. The motion carried by a five to one margin
           with Commissioner Krebs voting against approval of the consent agenda.

6.       CONSIDERATION OF RESOLUTION REGARDING NEW DISTRICT JAIL:
The Board considered a recommendation from the Finance Committee to adopt a resolution
authorizing the Albemarle District Jail Commission to hire an architect to design a new district
jail. Commissioner Marshall Stevenson stated that he thinks the county would be overextending
itself by constructing a new jail because it is not known where the revenue will come from for
this. He said the Board has also voted to build a library and a public safety building and is in the
process of building a new middle school. He stated with the population of the county increasing
the county will need to build three new schools in a matter of five to ten years which the
taxpayers will have to pay for. Commissioner Stevenson said when he agreed to build the library
and the public safety building, the funds were coming from the hospital lease payments and it
would not require an increase in taxes. He stated that he has no problem building a new jail,
however if a new jail is built, a new library should not be built.

Vice-Chairman Cecil Perry stated that it is obvious there is no choice but to look at the
possibility of building a new jail because the state has mandated that changes be made to address
the overcrowding and it would be more cost-effective to build a new jail rather than renovate or
add on to the current jail. Vice-Chairman Perry added that he is also not in favor of eliminating
the library project and that other options should be looked at.

Commissioner Matt Wood noted that this would just start the process and the Board would have
another opportunity to consider a specific proposal or to look at other options once the cost
figures are available.

           Motion was made by Matt Wood, seconded by Cecil Perry to adopt a resolution
           authorizing the Albemarle District Jail Commission to hire an architect to begin
           the design of a new district jail. The motion carried by a five to one margin
           with Commissioner Stevenson voting against the motion.
7.       CONSIDERATION OF REQUEST TO HIRE FOUR ADDITIONAL EMS
         PERSONNEL:
The Board considered a recommendation from the Finance Committee to hire four additional
full-time EMS personnel to provide EMS service three nights per week. The Rescue Squad has
advised the county that it can no longer cover seven nights a week plus all day on Sundays and
has requested that the county provide personnel to cover Monday, Tuesday, and Wednesday
nights. The EMS Director has calculated that it would take four additional people in order to
provide two full crews on those three nights. The estimated cost for the four additional
employees is approximately $171,000 based on the proposed new pay schedule.

         Motion was made by Matt Wood, seconded by Hank Krebs to authorize the
         hiring of four additional full-time EMS personnel to provide EMS service three
         nights per week. The motion carried.

8.       ADOPTION OF RESOLUTION REQUESTING ADDITION OF ROADS IN
         NEWBEGUNLAND SUBDIVISION TO THE STATE SYSTEM FOR
         MAINTENANCE:
The Board considered a petition received from the residents of Newbegunland Subdivision
requesting that Small Drive, Eyrie Lane, William Drive, Gaston Drive, Beverly Drive, Lister
Chase, Courthouse Lane, Enfield Court, Blackstock Court, Maggie Lane, and Margaret Drive be
added to the state system for maintenance.

         Motion was made by Matt Wood, seconded by Jeff Dixon to adopt a resolution
         requesting the North Carolina Department of Transportation to add Small
         Drive, Eyrie Lane, William Drive, Gaston Drive, Beverly Drive, Lister Chase,
         Courthouse Lane, Enfield Court, Blackstock Court, Maggie Lane, and Margaret
         Drive to the state system for maintenance. The motion carried.

9.      ADOPTION OF RESOLUTION REQUESTING ADDITION OF ROADS IN
        GOSPEL RIDGE SUBDIVISION TO THE STATE SYSTEM FOR
        MAINTENANCE:
The Board considered a petition from the developers of Gospel Ridge Subdivision requesting
that Gospel Ridge Road, Maranatha Place, and Agape Way be added to the state system for
maintenance.

         Motion was made by Hank Krebs, seconded by Matt Wood to adopt a
         resolution requesting the North Carolina Department of Transportation to add
         Gospel Ridge Road, Maranatha Place, and Agape Way to the state system for
         maintenance. The motion carried.

10.      APPROVAL OF REQUEST TO RELEASE PARCEL TO CITY PLANNING
         JURISDICTION:
The Board considered a request from Donna Pritchard Seymour and Richard Seymour that the
county release to the City of Elizabeth City planning jurisdiction for a 4.3 acre parcel fronting
Wellfield Road. The Seymours would like to have the property under one jurisdiction for the
purpose of dividing it into three individual parcels. Mr. Rodney Bunch provided a map
indicating that the entire road frontage for the parcel is in the city’s extraterritorial jurisdiction
and the rear portion of the property is in the county’s planning jurisdiction. Mr. Bunch said the
City Planning Department has indicated that the subdivision would be approved upon release of
the 4.3 acre parcel for inclusion in the city’s ETJ. He said he would recommend that the entire
4.3 acre parcel be released from county planning jurisdiction for the purpose of land use planning
and building inspections.

         Motion was made by Hank Krebs, seconded by Cecil Perry to release to the
         City of Elizabeth City planning jurisdiction for a 4.3 acre parcel fronting
         Wellfield Road that is owned by Donna Pritchard Seymour and Richard
         Seymour. The motion carried.

11.       APPROVAL OF FINAL PLAT FOR OAK STUMP SUBDIVISION, PHASE 3:
The Board reviewed the final plat for Oak Stump Subdivision, Phase 3. Mr. Bunch explained
that this project consists of 49 residential lots in Mount Hermon Township. He said it is the final
phase of Oak Stump Subdivision. He advised that all improvements including asphalt paving
and shoulder grading have been constructed to meet the county’s subdivision requirements. He
stated that the developer has submitted a letter of credit from Wachovia Bank in the amount of
$30,802 to guarantee maintenance of the streets until accepted by the Department of
Transportation. Mr. Bunch said he would recommend final approval.

         Motion was made by Matt Wood, seconded by Hank Krebs to approve the final
         plat for Oak Stump Subdivision, Phase 3. The motion carried.

12.      REPORT FROM ASSISTANT COUNTY MANAGER:
Mr. Rodney Bunch reported that there have been newspaper reports regarding boat races to be
held near the boat ramp area at Newbegunland Subdivision. He said he had received several
calls from residents in the subdivision inquiring whether this could be allowed. He stated that
after reviewing the zoning regulations, he found that the entire waterfront property from the
roadway on Small Drive to the Pasquotank River is zoned residential, and this type of use of the
property is not permitted according to the zoning regulations. He said for this reason the
property cannot be used for the boat races.

13.      RECOMMENDATIONS FROM APPOINTMENTS COMMITTEE:
Commissioner Marshall Stevenson reported that the Appointments Committee met today and
recommended the appointment of Ms. Lena Council to the Elizabeth City Planning Board to
replace Mr. Dale Wheelbarger, Sr. whose term has expired. Ms. Council’s application will be
provided for Board Members to review so that final action can be taken on the appointment at
the next meeting.

Commissioner Stevenson advised that the Appointments Committee also voted to accept staff’s
recommendations for the appointment or reappointment of members to the Pasquotank-Camden
Local Emergency Planning Committee. Those recommended for appointment or reappointment
to a two year term expiring on December 31, 2006 are as follows:

Agency                                             Recommended Members

Board of Commissioners                             Bill Trueblood
Volunteer Fire Depts                               Jimmie Harris
Ham Radio Association                              Jeff Madre
Albemarle Hospital                                 Joe Martello
Elizabeth City Police Dept                         William J. Anderson
Elizabeth City Fire Dept                           William Pritchard
Intercounty Transit Authority                      Herb Mullen, Jr.
Cable TV                                           Wilber Haynes
Rescue Squad                                       Allison Chandler
Sheriff’s Department                               Randy Cartwright
Emergency Medical Service                          Dean Schaan
Emergency Management                               Christy Saunders
Central Communications                             Ed Conran
County Planning                                    Rodney Bunch
Coast Guard Fire Dept                              Bob Willis
Public Utilities                                   Columbus Grant
Fire Marshall                                      Barry Overman
Operator of Tier II Facility                       John Gregory

         Motion was made by Cecil Perry, seconded by Hank Krebs to approve the
         appointments to the Pasquotank-Camden Local Emergency Planning
         Committee as recommended. The motion carried.

14.     REPORTS FROM COUNTY COMMISSIONERS:
Vice-Chairman Cecil Perry thanked the Commissioners who participated in the Martin Luther
King Day activities yesterday. He said it was a great program and the community showed a lot
of support and effort in participating.

Vice-Chairman Perry reported that he attended the NCACC Legislative Goals Conference in
High Point last week along with several other Commissioners.
Vice-Chairman Perry also informed the Board that a state director from the Division of Mental
Health will be at Albemarle Mental Health tomorrow evaluating Mental Health services. Mr.
Perry said he will report on this evaluation at the next meeting.

Commissioner Hank Krebs asked the status of the RFP for the drainage study. The County
Manager said they are working on the RFP this week in order to have it ready for the Water
Management Committee meeting on January 25.

Commissioner Krebs stated that he has received calls concerning new flood map classifications
for Hickory Acres that included this area in a flood zone. He said he was under the impression
during earlier discussions with FEMA representatives that the county could request that the state
look at the area and do some modeling. Mr. Rodney Bunch advised that during discussions with
state officials prior to adoption of the maps, the county specified areas for them to look at. He
said they also looked at and reduced some other non-encroachment areas. He said he did not
know whether they ever agreed to look at more areas once the maps were adopted.
Commissioner Krebs said his impression from federal FEMA officials was that they could go
back and look at an area after the maps were adopted if the county requested it. Staff was
directed to contact FEMA officials to see if it would be possible for them to look at the Hickory
Acres area.

Commissioner Krebs reminded the Board that the Water Management Committee will meet on
Tuesday, January 25 at 4:30 PM.

Commissioner Krebs stated that he would like to commend the County Manager for participating
in the Martin Luther King Day march. He said it is very commendable for county staff to
participate in these events.

Commissioner Matt Wood suggested that the city and Tanglewood representatives provide an
update on the Tanglewood sewer project by January 31, the date of the joint city-county meeting.

Chairman Trueblood explained that he received a call from Mr. Jeff Spence regarding the taxes
collected in the Newland Drainage District and the expenditure of those funds. He suggested
that the Water Management Committee discuss this project. County Manager Randy Keaton
advised that the taxes collected thus far are being used to pay the local share of the overall
project that was first implemented. He said the Board voted a couple of years ago to extend
some of the fees for additional years to pay for additional costs associated with the project. He
said he did not think the original costs of the project had been paid back yet, and to collect any
money for maintenance would just extend the fees for a longer period. He explained that there
were actually two phases of this project, one for more intense work near the dike area, and one
for clearing and snagging downstream. The Board requested that the County Manager prepare a
report showing the revenues and expenditures for the committee to review.

Chairman Trueblood said there was also a concern about the clearing and snagging being done in
the streams throughout the county and that the area south of the bridge at the county line between
Camden and Pasquotank is not being addressed. Chairman Trueblood stated that he discussed
this project with Mr. Rodney Johnson and he indicated that this area would not be eligible under
the current project, however there will probably be some more funds available in the fall that
might be used to address this particular area.

Chairman Trueblood reported that an invitation has been received from The Hope Group for a
representative from the Board to attend their annual dinner on Thursday, January 27 at 6:00 PM
at the Cooperative Extension Building. He noted that this is the same evening as the Chamber
Annual Meeting that Board Members will be attending, but he asked that anyone not planning to
attend the Chamber meeting consider going to The Hope Group’s dinner.

Chairman Trueblood reported that four Commissioners and the County Manager attended the
Legislative Goals Conference in High Point last week. He said it was a very good session and
there was good dialogue with the goals committee.

Chairman Trueblood stated that he is appointing Commissioner Jeff Dixon as Chairman of the
Board’s Water Committee. He said he failed to name a Chairman when he originally appointed
Commissioner Dixon to that committee.
15.     CLOSED SESSION TO PRESERVE THE ATTORNEY CLIENT PRIVILEGE:
Chairman Trueblood asked if there was any further business to come before the Board in Regular
Session. There being no further business, he asked for a motion that the Board enter Closed
Session to preserve the attorney client privilege.

        Motion was made by Hank Krebs, seconded by Matt Wood that the Board enter
        Closed Session to preserve the attorney client privilege. The motion carried
        unanimously.

Upon the end of Closed Session;

        Motion was made by Hank Krebs, seconded by Cecil Perry that the Board
        return to Regular Session. The motion carried unanimously.

        Motion was made by Hank Krebs, seconded by Cecil Perry that the meeting be
        adjourned. The motion carried unanimously and the meeting was adjourned at
        7:57 PM.




                                                CHAIRMAN


CLERK

				
DOCUMENT INFO