August 19th at the Tyrrell County 4-H Center
Document Sample
November 23, 2009 continued 160
WHEREAS, by working together we can break the cycle of violence and build communities that are safe for everyone; and
WHEREAS, the statewide theme for Domestic Violence Awareness Month is Safe families, Safe Communities;
NOW, THEREFORE, the Perquimans County Board of Commissioners do hereby proclaim October 2009 as “DOMESTIC
VIOLENCE AWARENESS MONTH” and October 1, 2009, as “NATIONAL DAY OF UNITY” in Perquimans County. They further urge
our citizens to increase their awareness and education of this destructive force which deeply affects a large number of families in our County
each year and to become part of the efforts to stop violence in families.
ADOPTED this 5th day of October, 2009.
Mack E. Nixon, Chairman
Perquimans County Board of Commissioners
ATTEST:
Mary P. Hunnicutt, Clerk to the Board
Perquimans County Board of Commissioners
CONTRIBUTION TO DAVID M. LAWRENCE DISTINGUISHED PROFESSORSHIP
County Manager Darden explained that the County received a request from UNC School of
Government asking that the Board consider making a contribution to David M. Lawrence’s
Distinguished Professorship Scholarship. Mr. Lawrence has assisted the Counties with many of their
questions about meetings etc. This matter was tabled until next month.
ADJOURNMENT
There being no further business to discuss, the Regular Meeting was adjourned by the Chairman
at 8:00 p.m.
Mack E. Nixon, Chairman
Clerk to the Board
* * * * * * * * * * * * * * * * * * * *
R E G U L A R M E E T I N G
November 2, 2009
7:00 p.m.
The Perquimans County Board of Commissioners met in a regular meeting on Monday,
November 2, 2009, at 7:00 p.m. in the Courtroom located in the Perquimans County Courthouse
Annex.
MEMBERS PRESENT: Mack E. Nixon, Chairman Benjamin Hobbs
Charles H. Ward Sue Weimar
Tammy MillerWhite, Vice Chair M. Shirley Wiggins
MEMBERS ABSENT: None
OTHERS PRESENT: Bobby Darden, County Manager Mary Hunnicutt, Clerk to the Board
After the Chairman called the meeting to order, Commissioner Hobbs gave the invocation and the
Chairman led the Pledge of Allegiance.
AGENDA
The Agenda was unanimously approved, as amended, on motion made by Charles H. Ward,
seconded by Tammy MillerWhite.
CONSENT AGENDA
The following items were considered to be routine and were unanimously approved on motion
made by Charles H. Ward, seconded by Sue Weimar.
1. Approval of Minutes: September 28, 2009 Special Called Meeting and the October 5, 2009 Regular Meeting
2. Approval of Tax Release:
PERQUIMANS COUNTY TAX REFUNDS AND RELEASE:
TAYLOR, WILLIAM WRIGHT...................................................................................................................................................$650.17
An extra “0” was added to the value of their camper trailer. Value should be $17,620 instead of $176,200. License Number BV53346.
Account Number: 8075194.
3. Personnel Matters:
Employee Employee Action Grade/ New Effective
Name Job Title Required Step Salary Date
Freida Durham IMC III Resignation 9/30/09
4. Budget Amendments:
BUDGET AMENDMENT NO. 9
GENERAL FUND
AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
10610465 ARRA Day Care 58,326
10348000 State Grants Social Services 58,326
EXPLANATION: To budget additional Day Care Funds through American Recovery & Reinvestment Act for FY 200910.
BUDGET AMENDMENT NO. 10
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
58348000 State Grants 400,000
58500040 Administration 40,000
November 23, 2009 continued 161
58500730 Clearance 25,000
58500740 Relocation 325,000
58500741 Rehabilitation 10,000
EXPLANATION: To budget Community Development Block Grant funds.
BUDGET AMENDMENT NO. 11
GENERAL FUND
AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
10356000 Register of Deeds Fees 5,100
10480454 Archives Mgmt. Program Fee 2,100
10480455 Senate Bill 202 Deed of Trust Fee 3,000
EXPLANATION: To budget for revenues & expenditures created by G.S. 16111.5 and G.S. 16111.6 to be collected by Register of
Deeds. An additional $5 must be forwarded to Dept. of Cultural Resources less 2% (County administration cost) and $5 from the
recording fee to State Treasurer for the State's General Fund.
5. Board Appointments The following board appointments were recommended & approved:
EFFECTIVE
NAME ACTION BOARD TERM DATE
Rev. Roosevelt Askew II Appointment Criminal Justice Partnership Advisory Board Unlimited 11/1/09
Judge J. C. Cole Appointment Criminal Justice Partnership Advisory Board – ex officio Unlimited 11/1/09
6. Mental Health Fiscal Monitoring Report: For information purposes only, the Mental Health Quarterly Fiscal
Monitoring Report for period ending September 30, 2009 was presented.
HOMERIA JENNETTE, TELECOMMUNICATIONS
Ms. Jennette presented her monthly report.
SUSAN CHANEY, SOCIAL SERVICES
Ms. Chaney presented her monthly report.
FRANK HEATH, TAX DEPARTMENT
Mr. Heath presented his monthly Foreclosure and Collections Report and a spreadsheet showing
the 2009 Real Estate Tax Collections.
COMMISSIONER’S CONCERNS/COMMITTEE REPORTS
Commissioner MillerWhite: Before giving her concerns, she wanted to recognize Khaliah Gordon. a Perquimans County High
School and Tourism Development Authority’s Young Ambassador who recently was honored as Hampton Roads Young Achiever. Ms.
MillerWhite had two concerns: (1) how has the ARRA Funds impacted Perquimans County; and (2) how is the $200,000 Single Family
Rehab Program progressing? County Manager Darden provided the following information for question #1:
ARRA Funds Distributed/Available for Perquimans County
As of August, 2009 (From ncrecovery.gov)
Funding Type Amount
Food Stamps $ 210,632
Social Security (SSI) DSS Medicaid connected $ 894,250
Increase in Unemployment Insurance Payments $ 246,414
Work Force Investment Act $ 59,850
Highways and Bridge (DOT Projects) $4 Million for US 17
Resurfacing and $500,000 for NC 37 bridge replacement $ 4,500,000
Transit $ 44,517
0% School Bonds Earmarked for County $ 1,137,205
Local School District $ 703,585
Weatherization Economic Improvement Council $ 251,900
Federal Departments Direct Grants $ 164,644
Cleanwater (wastewater) Earmark for Town of Hertford $ 854,187
Drinking Water Winfall Water Plant Improvements $ 3,000,000
Community Services Block Grants Albemarle Commission $ 62,969
School Lunch Equipment $ 28,219
TOTAL $12,158,372
With regard to question #2, Mr. Darden explained that Wooten Company has found two dwellings that qualify for the rehab. The
money was received in late 2007. We have had difficulty in finding homes that qualify for this grant. Currently, we have two suitable houses
and the Wooten Company is proceeding with these rehabilitations. Mr. Darden further explained that, even though this is a forgivable loan, a
lien is placed on the home for 13 years and several of the applicants do not want this to occur and opted out of the grant. Also, if they are older
structures that are very large or two stories, $40,000 cannot bring the homes up to standards so they would not qualify. He asked the Board
and the public to try to encourage people to contact us to see if they qualify for this grant funding.
Commissioner Hobbs: Mr. Hobbs asked for the quarterly report from the Tourism Development Authority that is required by law to
present to the Board. Ms. Weimar said that the Authority was unable to meet last month due to illness and not having a quorum. She will
have it for the Board next month.
Commissioner Wiggins: Ms. Wiggins updated the Board on the proposed track & field that the Board of Education has been
working on. She recommends that the Board consider placing the track & field at the Recreation Center if this project does not develop by the
middle of this month. Commissioner MillerWhite asked how she should present it to the Recreation Advisory Committee that meets this
month. After some discussion, the Chairman said that, because some of this information was discussed in Closed Session, we need to wait and
see what the Board of Education can accomplish before moving in this direction.
UPDATES
County Manager Darden updated the Board on the following projects:
Water System Projects: Mr. Darden explained that Bill Diehl, County Engineer, apologized for not being here this month but he had
to attend a Chowan County Board of Commissioners meeting tonight. He plans on being here on November 23rd to discuss longterm water
options pros and cons.
Jail Project: County Manager Darden reported that some of the Board took a tour of the facility and that they hope to be bringing the
inmates in by the end of this year or the first of next year. Commissioner MillerWhite asked about hiring employees for the facility and if we
have any from Perquimans County that was hired. Mr. Ward said that there was one from Perquimans County but their Board does not get
involved with this area of the facility. He further explained that the jail is now handling transports for the Counties which takes some pressure
off the Sheriff Department.
Albemarle Mental Health: County Manager Darden reported that East Carolina Behavioral Health (ECBH) will be making a
presentation at the Board’s Work Session on November 23rd. Their FY 0708 and FY 0809 Audits have not been completed.
Family Subdivision Exemption: During the Board’s Work Session, the Board discussed that family subdivision exemption and how
they could make the process simpler for these individuals. Mr. Darden and County Attorney High reviewed several policies of other Counties
on how they handled these types of subdivisions. They noted that several of the Counties were similar to us in that there is a checklist of
November 23, 2009 continued 162
things that they need to adhere to. Some Counties allowed the property owner to sign an Affidavit that they be denied future permits because
this is completely outside the Subdivision Regulations. Commissioner Weimar asked if this has been challenged in the court system. None of
the Commissioners were aware that this has occurred. Commissioner Hobbs was leaning toward the property owner signing an Affidavit. Mr.
Darden would also like to see the Board review the definition of “family” because currently it states “Parent to Child” Subdivision. We have
encountered some other scenarios of a family subdivision. The Board may want to change it to “Family Subdivision”. It was the Board’s
recommendation to concentrate on the Affidavit process and to better define “family subdivision”.
CLAYTON GRIFFIN’S CONTRACT
County Manager Darden presented a contract with Clayton Griffin’s Contract including the dates.
On motion made by Charles H. Ward, seconded by Tammy MillerWhite, the Board unanimously
approved the following contract with Clayton Griffin:
NORTH CAROLINA
CONTRACT FOR SERVICES
PERQUIMANS COUNTY
THIS AGREEMENT made and entered into this the 3rd day of August, 2009, by and between PERQUIMANS COUNTY, hereinafter
referred to as “the County”, and CLAYTON H. GRIFFIN, SR., hereinafter referred to as the “Provider”;
WITNESSETH:
THAT WHEREAS the County has received a State Grant from the North Carolina Department of Juvenile Justice and Delinquency
Prevention to finance the CommunityBased Youth Gang Violence Prevention Program; and
WHEREAS the County and the Provider wish to enter into an agreement, by which the Provider will provide CommunityBased
Youth Gang Violence Prevention services as an independent contractor;
NOW, THEREFORE, PERQUIMANS COUNTY and CLAYTON H. GRIFFIN, SR., agree as follows:
1. RESPONSIBILITIES OF THE PROVIDER.
a. As Provider, Clayton H. Griffin, Sr. will administer the CommunityBased Youth Gang Violence Prevention Program in Perquimans County
according to State of North Carolina guidelines.
b. As Provider, Clayton H. Griffin, Sr. will promptly complete and deliver all paperwork, including, but not limited to, monthly billings to the
State, to be signed by the County Manager or Finance Officer of Perquimans County.
c. As Provider, Clayton H. Griffin, Sr. shall, during each fiscal year, make two (2) presentations to the Perquimans County Board of
Commissioners as to the performance of the CommunityBased Youth Gang Violence Prevention Program in Perquimans County.
2. TERM.
Unless sooner terminated, the term of this contact shall be for the period beginning July 1, 2009 and continuing through June 30, 2010. The
Provider will provide a minimum of eight (8) hours of services per day and shall work five (5) days per week, except when he is observing County holidays. All
holidays observed by the County shall be observed by the Provider.
3. CONTRACT PRICE.
Perquimans County shall pay to the Provider, the total of $30,000.00, which shall be paid as follows: $2,500.00 monthly beginning on the 25th of
July and on the 25th day of every month thereafter through June 25, 2009. If this contract is terminated prior to June 30, 2009, the Provider shall be paid through
the date of termination, but not for any time thereafter.
4. TERMINATION.
This contract may be terminated at any time by the County of Perquimans or by the Provider, Clayton H. Griffin, Sr., upon written notice to the
other.
5. WORKERS’ COMPENSATION.
The Provider will be covered under Perquimans County’s Workers’ Compensation Program for the period of time covered by this Agreement.
6. FICA AND TAXES.
The Provider will be required to record and pay all of his Social Security taxes and to file and pay all of his North Carolina and Federal Income
taxes.
7. INDEPENDENT CONTRACTOR.
The Provider, Clayton H. Griffin, Sr., shall at all times under this Agreement be considered an independent contractor with Perquimans County.
The Provider understands that under this contract he is not a county employee and he shall not be eligible for any of the benefits of the employees of Perquimans
County and that he shall not come under the rules of the Perquimans County personnel policy.
IN WITNESS WHEREOF, PERQUIMANS COUNTY has caused this agreement to be executed, in duplicate originals, by the
Chairman of its Board of Commissioners and attested by the Clerk to the Board, and its seal to be hereunto affixed, the day and year first
above written, and CLAYTON H. GRIFFIN, SR., has hereunto set his hand and seal, in duplicate originals, the day and year first above
written.
PERQUIMANS COUNTY
By:
ATTEST: Chairman, Board of Commissioners of
Perquimans County
Clerk to the Board
CLAYTON H. GRIFFIN, SR.
NORTH CAROLINA
PERQUIMANS COUNTY
I, , a Notary Public of the County and State aforesaid, certify that Mary P.
Hunnicutt, personally came before me this day and acknowledged that she is Clerk to the Board of the Commissioners of Perquimans County,
and that by authority duly given and as the act of said Board, the foregoing instrument was signed in its name by its Chairman, sealed with is
corporate seal and attested by her as its Clerk.
Witness my hand and official stamp or seal, this _______ day of October, 2009.
My commission expires:
Notary Public
NORTH CAROLINA
PERQUIMANS COUNTY
I, , a Notary Public of the County and State aforesaid, certify that CLAYTON H.
GRIFFIN, SR., personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
November 23, 2009 continued 163
Witness my hand and official stamp or seal, this _______ day of October, 2009.
My commission expires:
Notary Public
BID AWARD: WINFALL WATER TREATMENT PLANT RENOVATIONS
As reported last month, the following bids were received for the Winfall Water Treatment Plant
Renovations:
Contractor Bid Bond Contract 1 Base Bid
Geo. Raper & Son, Inc. Yes $2,611,606.00
T.A. Loving Company Yes $2,643,000.00
Peters & White Construction Yes $2,690,000.00
State Utilities, Inc. Yes $2,825,000.00
Water & Waste Systems No bid No bid
The low bidder was Geo. Raper & Son, Inc. at $2,611,606. Mr. Darden had received an email
prior to tonight’s meeting stating that there were a few more things that needed to be done but Mr. Diehl
feels comfortable with awarding the contract to Mr. Raper at $2,611,606. Benjamin C. Hobbs made a
motion to award the contract to Geo. Raper & Son, Inc. at $2,611,606. The motion was seconded by
Tammy MillerWhite. Prior to the vote, Ms. MillerWhite asked if this would be a good time to find out
what process was used to reach the minority contractors for future contracts. Mr. Darden said that he
would be glad to present this at the next meeting. After the discussion, the Board unanimously
awarded the contract for the Winfall Water Treatment Renovations to Geo. Raper & Son, Inc.
VOLUNTARY AG DISTRICT ORDINANCE (ORDINANCE NO. 64)
The County has been working the Voluntary Ag District Ordinance for over a year. A Public
Hearing was held on July 6, 2009. From that time till now, the Board has met with Lewis Smith and
Scott Alons to finalize the Ordinance. On motion made by Charles H. Ward, seconded by Sue Weimar,
the Board unanimously approved the following Voluntary Ag District Ordinance (Ordinance No. 64):
ORDINANCE NO. 64
PERQUIMANS COUNTY
VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE
ARTICLE I
TITLE
An ordinance of the Board of County Commissioners of PERQUIMANS COUNTY, NORTH CAROLINA, entitled, "VOLUNTARY
AGRICULTURAL DISTRICT "
ARTICLE II
AUTHORITY
The articles and sections of this Ordinance are adopted pursuant to authority conferred by the North Carolina General Statutes sections
106735 through 106744 and Chapter 153A.
ARTICLE III
PURPOSE
The purpose of this Ordinance is to promote agricultural values and the general welfare of Perquimans County and more specifically,
increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture,
horticulture and forestry; and increase protection of farmland from nonfarm development and other negative impacts on properly
managed farms. It is important that all citizens recognize the importance of agriculture to the economic and cultural life of the county.
This ordinance establishes a Voluntary Agricultural District Program that has the following benefits for participating farms and other
county residents:
The program preserves and maintains agricultural areas within the county.
The program informs nonfarming neighbors and potential land purchasers that the participating farm may emit noise, dust, smells, be the site of
aerial pesticide applications in accordance with state regulations, etc. This may help avoid conflicts between neighbors.
Landowner participation in the program is voluntary and the landowner may terminate his/her participation at any time.
The program conserves green space and natural resources as the county’s population and development expands.
The program helps maintain opportunities to produce locally grown food and fiber.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this Ordinance:
Advisory Board: Perquimans County Agricultural Advisory Board.
Chairperson: Chairperson of the Perquimans County Agricultural Advisory Board.
District: Voluntary Agricultural District as established by this ordinance.
Board of Commissioners: Perquimans County Board of County Commissioners.
ARTICLE V
AGRICULTURAL ADVISORY BOARD
A.
Creation
The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of this program.
B.
Membership
The Advisory Board shall consist of no less than nine members appointed by the Board of Commissioners.
C.
Membership Requirements
1. Each Advisory Board member, except those serving in an ex officio capacity, shall be a Perquimans County resident or landowner.
2. At least six of the members shall be actively engaged in farming, or has been actively engaged in farming in the past. Of the
members actively engaged in farming, there shall be at least one such member from each agricultural district in Perquimans County.
This determination shall be made without reference to ex officio members.
November 23, 2009 continued 164
3. The members actively engaged in farming, as well as other members, shall be selected for appointment by the Board of County
Commissioners from the names of individuals submitted by the Perquimans County Soil and Water Conservation District Board of
Supervisors, the Perquimans County Center of the North Carolina Cooperative Extension Service, the USDA Farm Service Agency
County Committee, and any other agriculturerelated group or individual.
4. The remaining three atlarge members shall be selected as follows: one member from the Board of County Commissioners, one
member selected by the USDA agencies, and one member selected by the Perquimans County Farm Bureau Board of Directors.
The names of these individuals will be submitted to the Board of County Commissioners for atlarge appointments. The member of
the Board of County Commissioners shall not be eligible to serve as the Advisory Board’s representative on the Perquimans County
Planning Board pursuant to Article V, Section G. 3. of this ordinance.
5. Additional members may be appointed to the Board in an ex officio capacity from the Soil and Water Conservation District Board,
the North Carolina Cooperative Extension Service, the USDA Farm Service Agency, or other agencies, as deemed necessary by the
Board of Commissioners. Members serving in an ex officio capacity shall neither vote nor count toward quorum requirements.
D.
Tenure
The initial board is to consist of 3 appointees for terms of one year; 3 appointees for terms of two years; and 3 appointees for terms of
three years. Thereafter, all appointments are to be for terms of three years, with reappointment permitted. Members will be eligible to
serve two consecutive threeyear terms, then rotate off for a least one year.
E.
Vacancies
Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term from
recommendations of the above groups.
F.
Removal
Any member of the Advisory Board may be removed by the Board of Commissioners upon a unanimous vote of the Commissioners. No
cause for removal shall be required.
G.
Funding
The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of Commissioners and funds may
be appropriated to the Advisory Board to perform its duties.
H.
Advisory Board Procedure
1.
Chairperson
The Advisory Board shall elect a chairperson and vicechairperson each year at its first meeting of the fiscal year. The chairperson shall preside over all
regular or special meetings of the Advisory Board. In the absence or disability of the chairperson, the vicechairperson shall preside and shall exercise
all the powers of the chairperson. Additional officers may be elected as needed.
2.
Determination of Procedure
The Advisory Board may adopt rules of procedure not inconsistent with this Ordinance or with other provisions of State law.
3.
Advisory Board Year
The Advisory Board shall use the Perquimans County fiscal year as its meeting year.
4.
Meetings
Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of
procedure, or upon the request of at least a majority of the Advisory Board Membership. A meeting shall be held at least annually and notice of any
meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board members. Meetings shall be conducted in accord with
the current Roberts Rules of Order. All meetings shall be open to the public.
5.
Majority Vote and Quorum Requirements
All issues shall be decided by a majority vote of the members of the Advisory Board present, except as otherwise stated herein.
6.
Records
The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board,
and shall be public record.
7.
Administrative
The Advisory Board shall work through the Perquimans County Center of the North Carolina Cooperative Extension Service or the Perquimans County
Soil and Water Conservation District for record keeping, correspondence, and application procedures under this Ordinance, and whatever services the
Board needs to complete its duties.
I.
Duties
The Advisory Board shall:
1. Review and approve or disapprove applications of landowners for enrollment of qualified farmland, horticultural land, or forestland in voluntary
agricultural districts;
2. Make recommendations concerning the establishment and modification of agricultural districts;
3. Conduct public hearings;
4. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry
activities within the county that will affect agricultural districts;
5. Review and make recommendations concerning proposed amendments to this ordinance;
6. Develop a draft countywide farmland protection plan as defined in N.C.G.S. §106744 (e) for presentation to the Board of Commissioners;
7. Study additional methods of protection for farming, horticulture, forestry, and the attendant land base, and make recommendations to the Board of
Commissioners; and
8. Perform other agricultural, horticultural, and forestryrelated tasks or duties assigned by the Board of Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A.
Regions
Perquimans County is hereby divided into five (5) districts based on the current established townships as defined below:
1. Belvidere.
2. Bethel.
3. Hertford.
4. New Hope.
5. Parkville .
B.
Implementation
In order to implement the purposes stated in Article III, this program provides for the creation of voluntary agricultural districts which meet the
following standards:
1. The District shall contain a minimum of ten (10) contiguous acres of qualified farmland; or
2. The District shall contain two (2) or more qualified farms within a township established under this ordinance.
All land enrolled in a township, defined in section A, above, shall be part of a single district. If a single farm has acreage in two or more townships, the farm
shall participate in the district where the largest acreage is found.
November 23, 2009 continued 165
C.
Education
The county may take such action as it deems appropriate through the Advisory Board or other entities or individuals to encourage the formation of the
Districts and to further their purposes and objectives, including the implementation of a public information program to reasonably inform landowners of the
agricultural district program.
D.
Addition and Withdrawal
1. Qualifying farmland in a township with an existing district shall be added to the district as herein provided.
2. In the event that one or more participants in the District withdraw and the acreage in the District becomes less than the minimum acreage required or
results in the remaining land being noncontiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm.
E.
Display
The Districts shall be marked on county maps that shall be displayed for public view in county offices including, but not limited to, the offices of the
Planning Department, Register of Deeds, Tax Department, Farm Service Agency, and Agricultural Building.
F.
Renewal
Each conservation agreement shall renew automatically for an additional ten (10) year period at its termination date unless either the county or landowner
gives written notice at least thirty (30) days prior to the agreement termination date.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
Requirements
To secure county certification as qualifying farmland in a Voluntary Agricultural District, a farm must:
1. Be participating in the farm presentusevalue taxation program established by N.C.G.S. §105277.2 through §105277.7, or is otherwise determined
by the county to meet all the qualifications of this program set forth in G.S. 105277.3 ;
2. Be the subject of a conservation agreement, as defined in N.C.G.S. §12135, between the county and the owner of such land that prohibits nonfarm use
or development of such land for a period of at least ten years, except for the creation of not more than four lots that meet applicable county zoning and
subdivision regulations. The property owner may voluntarily revoke this conservation agreement by submitting a written request to the Board in
accordance with Article VIII;
3. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion control
practices that are addressed to said highly erodible land;
4. Be located in the unincorporated area of Perquimans County, except that the County may operate a program in an incorporated area of a municipality
under agreement with that municipality.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A.
Application Procedure
1. A landowner may apply to participate in the Agricultural District program by making application to the Advisory Board, or the Perquimans County
Center of the North Carolina Cooperative Extension Service. The application shall be on forms provided by the Advisory Board. The application to
participate in a district may be filed with the application for certification of qualifying farmland and must be approved by the Advisory Board.
2. An agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board.
B.
Approval Process
1. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within thirty (30) days to approve or disapprove the
application. The chairperson shall notify the applicant by first class mail of approval or disapproval of participation in the district.
2. Upon receipt of an application, the chairperson will forward copies immediately to the following offices which shall be asked to provide comments, if
any, to the Advisory Board prior to the date set for the Advisory Board vote on the application:
a. The Perquimans County tax assessor;
b. The Perquimans County Soil and Water Conservation District office;
c. The Perquimans County Center of the N.C. Cooperative Extension Service: and
d. The Natural Resources Conservation Service.
C.
Appeal
If an application is denied by the Advisory Board, the petitioner shall have thirty (30) days from the date of notification to appeal the decision to the Board of
Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.
D. The Agricultural Advisory Board can make exceptions on an individual farm basis for farms that have not met the requirements of
present use valuation based on the farm’s importance in maintaining agricultural production in Perquimans County.
ARTICLE IX
REVOCATION AND ENFORCEMENT OF CONSERVATION AGREEMENTS
A.
Revocation and Enforcement
1. By providing 30 days advance written notice to the Advisory Board, a landowner of qualifying farmland within a
Voluntary Agricultural District may revoke the Conservation Agreement or the Advisory Board may revoke the same Conservation Agreement based
on noncompliance by the landowner, subject to the same provisions as contained in Article VIII(C) for appeal of denials. Such revocation shall result in
loss of qualifying farm status and loss of eligibility to participate in a district. Aside from noncompliance by the landowner, neither the Advisory Board
nor the Board of Commissioners shall revoke any Conservation Agreement prior to its expiration. If the Advisory Board shall revoke this Conservation
Agreement for cause, the landowner shall have the appeal rights set forth in Article VIII(C). Transfers of land in a Voluntary Agricultural District due to
death of the landowner, sale, or gift shall not revoke the Conservation Agreement unless the land no longer qualifies for the presentusevalue taxation
program or, in the event that there are water or sewer assessments held in abeyance, the new owner(s) fails to agree in writing to accept liability for
those assessments in the event that the land is withdrawn either voluntarily or involuntarily from the district. Enforcement of the terms of a
Conservation Agreement for land enrolled in a Voluntary Agricultural District shall be limited to revocation of the Conservation Agreement and the
benefits derived therefrom.
ARTICLE X
WAIVER OF WATER AND SEWER OR ALL UTILITY ASSESSMENTS
A.
No Connection Required
1. A landowner belonging to the District shall not be required to connect to, or be assessed fees related to Perquimans County water and/or sewer systems
as outlined in N.C.G.S. 106743.5.
B.
Abeyance
1. Water and sewer assessments shall be held in abeyance, without interest, for farms in a District, until improvements on such property are connected to
the water or sewer system for which the assessment was made.
C.
Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.
E.
Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C.G.S. §153A201, or other applicable
law.
November 23, 2009 continued 166
F.
Conflict with Water and/or Sewer System Construction and Improvements Grants
To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility systems are constructed this section shall not
apply. This section shall not apply to utilities that are not owned by the County unless the County has entered into an agreement with the entity(ies) owning
the utilities and that agreement provides that this Ordinance shall apply.
ARTICLE XII
PUBLIC HEARINGS
A.
Purpose
Pursuant to N.C.G.S. §106740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any
interest in qualifying farmland within a District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed
condemnation.
B.
Procedure
1. Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of Perquimans County
within fourteen (14) business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be
held within thirty (30) days of receipt of the request.
2. The Advisory Board shall meet to review:
a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any
fiscal impact analysis conducted by the agency involved; and
b. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the District
within which the proposed action is to take place.
3. The Advisory Board shall consult with the County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist,
Soil and Water Conservation personnel, the County Manager, and any other individuals, agencies, or organizations deemed by the Advisory Board to
be necessary for its review of the proposed action.
4. Within seven (7) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed
action. The report shall be made available to the public prior to its being conveyed to the decisionmaking body of the agency proposing the
acquisition.
5. There will be a period of ten (10) days allowed for public comment on the report of the Advisory Board.
6. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and
recommendations regarding the proposed action to the decision making body of the agency proposing the acquisition.
7. The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision making body of
the agency proposing the acquisition shall not exceed sixty (60) days. If the agency agrees to an extension, the agency and the Advisory Board shall
mutually agree upon a schedule to be set forth in writing and made available to the public.
8. Pursuant to N.C.G.S. §106740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the
proposed condemnation is properly before the Advisory Board.
ARTICLE XIII
PUBLIC NOTIFICATION
A
Record Notice of Proximity to Voluntary Agricultural District
1.
Computerized Land Records
Upon certification of qualifying farmland and designation of real property as a District, the Perquimans County Land Records System shall be changed
to include a notice reasonably calculated to alert a person researching the title of a particular tract that such a tract is located within one aerial mile of a
voluntary agricultural district.
2.
Posting of Notice
The following notice, of a size and form suitable for posting, shall be located in the office of Register of Deeds, Planning Department, Tax Office,
Inspections Department, and any other office or agency deemed necessary by the Advisory Board:
Notice To Real Estate Purchasers in Perquimans County
Perquimans County has established Voluntary Agricultural Districts to protect and preserve agricultural lands and activities. These districts have
been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not
limited to pesticide spraying (including aerial application), manure spreading, machinery and truck operation, livestock operations, logging, and other
common forms of farming and logging activities may occur in this district any time during the day or night. Maps and information on location and
establishment of these districts may be accessed at the following locations: Planning, Tax, Register of Deeds, and Inspections offices.
3.
Building Permit Registration
Persons applying for a building permit shall be required to sign the following statement that shall be maintained at the office of the Advisory Board:
I have reviewed the current Perquimans County Agricultural Districting map found in the Building Inspector’s office. I understand that
activities such as pesticide spraying (including aerial application), manure spreading, machinery operation, livestock operations, logging, and
other common farming and forestry activities may occur at any time in these areas.”
4.
Limit of Liability
In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance,
malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this Ordinance.
5.
No Cause of Action
In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of
the tract to a qualifying farm or Voluntary Agricultural District as defined in this ordinance.
B.
Signage
Signs identifying approved agricultural districts shall be placed along the rightsofway of major roads that pass through or next to those districts at a distance
deemed appropriate by the Advisory Board, or its administrative agent for the county's agricultural district program. There shall also be signage posted on
major accesses into the county. Individuals with approved land in a district shall post that property. Placement of signage shall be coordinated with the North
Carolina Department of Transportation where necessary.
C.
Maps
Maps identifying approved agricultural districts shall be provided to the following agencies or offices:
1. Planning Department;
2. Register of Deeds;
3. Building Inspector;
4. North Carolina Cooperative Extension Service;
5. Soil and Water Conservation District/NRCS;
6. Tax Department; and
7. Any other such agency or office the Advisory Board deems appropriate.
ARTICLE XIV
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of major subdivisions or planned unit developments shall designate on preliminary and final plats their understanding of the existence of
a Voluntary Agricultural District(s) within one aerial mile of the proposed development.
ARTICLE XV
COUNTY LANDUSE PLANNING
A.
Duty of the Advisory Board
November 23, 2009 continued 167
It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners delegate
authority to oversee county land use planning, on the status, progress, and activities of the county's agricultural district program and to also coordinate the
formation and maintenance of agricultural districts with the county's land use planning activities and the county's land use plan if one currently exists at the
time this is enacted or when one is formed.
B.
Growth Corridors
At such time as the county might establish designated growth corridors, agricultural districts shall not be permitted in the designated growth corridors, as
delineated on the official county planning map without the approval of the Board of Commissioners. Districts located in growth corridors designated after the
effective date of this program may remain, but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners.
ARTICLE XVI
CONSULTATION AUTHORITY
The Advisory Board may consult with North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North Carolina
Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the Advisory Board deems necessary to
properly conduct its business.
ARTICLE XVII
NORTH CAROLINA AGENCY NOTIFICATION
Annual Report to the North Carolina Department of Agriculture and Consumer Services
A copy of this ordinance shall be sent to the office of the North Carolina Commissioner of Agriculture and Consumer Services, the Board of Commissioners, the county
office of the North Carolina Cooperative Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the county shall submit a
written report to the Commissioner of Agriculture and Consumer Services on the county's agricultural district program, including the following information:
1. Number of landowners enrolled;
2. Number of acres enrolled;
3. Number of acres certified during the reporting period;
4. Number of acres denied during the reporting period;
5. Number of acres for which applications are pending;
6. Copies of any amendments to the this Ordinance; and
7. Any other information the Advisory Board deems useful.
ARTICLE XVIII
LEGAL PROVISIONS
A.
Severability
If any article, section, subsection, clause, phrase, or portion of this is for any reason found invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this.
B.
Conflict with other ordinances and statutes
Whenever the provisions of this ordinance conflict with other ordinances of Perquimans County, this ordinance shall govern. Whenever the provisions of any
federal or state statute require more restrictive provisions than are required by this ordinance, the provisions of such statute shall govern.
C.
Amendments
This ordinance may be amended from time to time by the Board of Commissioners.
ARTICLE XIX
ENACTMENT
The Perquimans County Board of Commissioners hereby adopts and enacts the preceding articles and sections of this Ordinance.
nd day of November , 20 09 .
Adopted this the 2
Motion for adoption by Charles H. Ward and seconded by Sue Weimar .
PERQUIMANS COUNTY BOARD OF COMMISSIONERS
Mack E. Nixon, Chairman
ATTEST:
Mary P. Hunnicutt, Clerk
Perquimans County Board of Commissioners
Approved as to form:
County Attorney
BOARD OF ADJUSTMENT APPOINTMENT
In September, the Board appointed Delores Battle to the Board of Adjustments to complete
Evelyn Stubbins’ term. Ms. Battle was an Alternate on the Board of Adjustment. Therefore, we have a
vacancy and, at the Board’s Work Session, the Board discussed appointing Dianne Layden as the
Alternate to replace Ms. Battle. Ms. Battle’s term expired on August 31, 2009. On motion made by Sue
Weimar, seconded by Charles H. Ward, the Board unanimously appointed Dianne Layden as an
Alternate on the Board of Adjustments for a oneyear term to expire in 2010 effective November 1,
2009.
HOME DELIVERED MEALS ADDITION
At last month’s meeting, Susan Scurria requested that the Board consider funding the Home
Delivered Meals Program addition to the Belvidere area. It will be completely paid for via grant funding
for this fiscal year and for onehalf of next fiscal year. The County will have to pick up the additional
expense for the balance of FY 20102011 and FY 20112012. The cost is approximately $3,500 per
year. On motion made by M. Shirley Wiggins, seconded by Tammy MillerWhite, the Board
unanimously approved the addition of this Home Delivered Meals Program to the Belvidere area.
VISION PLANNING MEETING
The Strategic Planning Committee met and recommends that the Board set up a planning
meeting sometime in January. The proposed dates are either Saturday, January 9, 2010, or
Saturday, January 23, 2010. County Manager Darden will inquire about a meeting
November 23, 2009 continued 168
facilitator from the UNC School of Government. It was the consensus of the Board to set it
up for January 23, 2010.
RESOLUTION: “NATIONAL PHILANTROPY & NONPROFIT AWAREMENSS MONTH”
The Chairman recognized Sue Weimar who presented the following Resolution for Board
consideration:
PERQUIMANS COUNTY BOARD OF COMMISSIONERS
NATIONAL PHILANTHROPY AND NONPROFIT AWARENESS MONTH
RESOLUTION OF ACKNOWLEDGEMENT
WHEREAS, the Northern Albemarle Community Foundation is the local affiliate of the North Carolina Community Foundation, a
statewide nonprofit organization serving 65 counties through a network of 60 affiliate community foundations; and
WHEREAS, the Northern Albemarle Community Foundation was established in 2001to serve the needs of local nonprofit
organizations, donors and charitable causes in the counties of Camden, Gates, Pasquotank and Perquimans; and
WHEREAS, the Northern Albemarle Community Foundation is part of a national network of more than 700 community
foundations that help transform our neighborhoods through the power of philanthropy; and
WHEREAS, the members of the Northern Albemarle Community Foundation are committed to supporting and respecting the
uniqueness of each nonprofit agency; and
WHEREAS, the Northern Albemarle Community Foundation is committed to increasing public awareness of the value and diverse
services provided to the community by all nonprofit organizations.
NOW, THEREFORE BE IT RESOLVED THAT THE PERQUIMANS COUNTY BOARD OF COMMISSIONERS,
declares the month of November 2009 as "NATIONAL PHILANTHROPY and NONPROFIT AWARENESS MONTH” and extends its
sincere congratulations to the charitable nonprofits serving our community for their dedicated and unselfish service to the community and
sincere gratitude to the residents of OUR County whose volunteer spirits and donations make these organizations strong.
Adopted this 2nd day of November, 2009.
Mack E. Nixon, Chairman
Perquimans County Board of Commissioners
ATTEST:
Mary P. Hunnicutt, Clerk to the Board
Perquimans County Board of Commissioners
Ms Weimar explained that Frank Jaklic was supposed to be at the meeting to help explain this
Resolution. Because the Board was not sure what this covered, it was the consensus of the Board to
have Mr. Jaklic come before the Board and explain the purpose of the Resolution before taking action
on this Resolution.
CONSERVATION EASEMENT FOR THE CLEAN WATER MANAGEMENT TRUST FUND
GRANT
County Manager Darden explained that the County received the Clean Water Management Trust
Fund to stabilize the shoreline and install the walking trail. The County match was to dedicate about
350 feet for a conservation easement. Mr. Darden thought that all the County had to do is have the
property surveyed and the plat recorded. As part of satisfying the grant, the County needs to have a
Deed of Conservation Easement recorded. County Attorney High has been working on this but has not
provided a revised easement to Mr. Darden. The Deed of Conservation Easement that was included in
the Agenda Packet was only a template because several of the things that it restricts the County will not
be able to do because of our plans to extend the current Recreation Center. The County has language
in the Grant Agreement with the Clean Water Management Trust Fund that would recognize that there
would be 300 feet of conservation easement along the river front so that we can have the ability to put
in boat ramps, walking trials and to expand the Recreation Center by as much as 20,000 square feet.
The same language in the Agreement will be included in the Deed of Conservation Easement. This
deed will be recorded with the plat that was recorded two years ago. Sue Weimar made a motion to
proceed with the Conservation Easement pending County Attorney High’s recommendation. After
some discussion, Ms. Weimar withdrew her motion and it was the consensus of the Board to wait until
they receive the final Deed of Conservation Easement from County Attorney High before taking action
on this matter. It was tabled until December.
PRUDENTIAL NC 457 PLAN
The County has been offering the 457 Retirement Plan to fulltime employees for years and it
was similar to the 401(k). The State Treasurer named Great West as the administrator of the plan. Per
County Manager Darden, they have never come to meet with the County employees since he has been
here. Prudential is the administrator of the 401(k) Plan. The State put out for bid the 457 Retirement
Plan Administration Contract and awarded it to Prudential. Currently, we only offer the Prudential
401(k) plan. County Manager Darden explained the differences between the 401(k) and the 457
Retirement Plans. In order for the County to offer the Prudential 457 Retirement Plan, the County
needs to adopt a Resolution and approve the ThirdParty Administrator Agreement. On motion made
by Charles H. ward, seconded by Tammy MillerWhite, the Board unanimously approved the following
Resolution and ThirdParty Administrator Agreement:
RESOLUTION
November 23, 2009 continued 169
WHEREAS, the Perquimans County Board of Commissioners wishes to provide a qualified defined contribution plan to the
employees of Perquimans County.
AND WHEREAS, the State of North Carolina has established the North Carolina Public Employee Deferred Compensation Plan, a
qualified governmental Deferred Compensation Plan under Internal Revenue Code § 457(b) for public employees of North Carolina.
THEREFORE, be it resolved that Perquimans County has adopted the North Carolina Public Employee Deferred Compensation Plan
also known as .NC Deferred Comp. under the terms of the Plan Document and the ThirdParty Administrator Agreement. All employees shall
become eligible to defer compensation {immediately or waiting period}.
nd day of November 20 09 .
Signed this 2
Mack E. Nixon, Chairman
Perquimans County Board of Commissioners
ATTEST:
Mary P. Hunnicutt, Clerk to the Board
Perquimans County Board of Commissioners
NC Public Employee Deferred Compensation Plan
EMPLOYER .THIRDPARTY ADMINISTRATOR AGREEMENT
THIS AGREEMENT, made on this _______ day of ______________________, 20____,
between the Perquimans County (hereinafter called the “Employer”) and The Prudential Insurance Company of America (hereinafter called
ThirdParty Administrator or Prudential) (the “Agreement”). This Agreement replaces and supersedes any prior agreement between the
parties, effective upon final execution by all parties.
W I T N E S S E T H:
WHEREAS, the State of North Carolina (the .State.) has adopted the NC Public Employee Deferred Compensation Plan (hereinafter
called the .Plan.), pursuant to which the State of North Carolina and its departments, agencies, and political subdivisions are authorized to
provide a governmental 457(b) deferred compensation plan established in conformance with section 457(b) of the Internal Revenue Code, as
amended (the .Code.); and
WHEREAS, the State’s Supplemental Retirement Board and the State’s Retirement Systems Division of the Department of State
Treasurer have selected Prudential to be the ThirdParty Administrator of the Plan.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein below, the receipt and sufficiency of
which are hereby acknowledged, the Employer and the ThirdParty Administrator hereby agree as follows:
ARTICLE I
DUTIES AND RESPONSIBILITIES OF THE EMPLOYER
A. Implementation of Plan
1. The Employer confirms that it made the decision to implement the NC Public Employee Deferred Compensation Plan via
resolution. The employer agrees to provide a copy of such resolution, if available, to Prudential.
2. The Employer shall designate a coordinator for each unit to work with Prudential to select enrollment dates, determine the number
of meetings needed and what employee notification of meetings will be required, and to make other decisions necessary to hold successful
enrollment meetings.
3. The Employer shall provide time for its employees to attend an enrollment meeting. The Employer agrees that employees
representing all employee pay grades will be given the opportunity to attend the meetings. The Employer understands that the meetings are an
important resource in making employees aware of their opportunity to participate in the Plan.
4. The Employer shall provide a facility to conduct enrollment meetings for its employees.
5. The Employer shall publicize the meetings to all its employees by internal publication, meeting notices provided by the ThirdParty
Administrator and through other media agreed to by its coordinator and the ThirdParty Administrator.
B. Operation of Plan
1. The Employer shall have sole responsibility for determining which of its employees are eligible to participate in the Plan in
accordance with eligibility requirements established by the Plan or North Carolina General Statutes, with respect to elective deferral
contributions. The Employer will advise the ThirdParty Administrator each month of any “new enrolled” employee who is eligible to
participate in the Plan. The Employer also will advise the ThirdParty Administrator each month of any participant in the Plan who has
terminated their employment, the date of termination, and the reason for the separation from service.
2. The Employer shall provide payroll deductions for all contributions to the Plan and all loan repayments to the Plan. The Employer
shall modify its payroll application to comply with specifications required by the ThirdParty Administrator of the Plan. This includes the
format of the deduction report for the delivery of contributions and loan repayments to the ThirdParty Administrator. The Employer shall
notify the ThirdParty Administrator of any changes in payroll frequency, the frequency of payroll deductions, or change in status.
3. The Employer shall deliver the remittance files, loan payment files, and the funds for these reports to the location provided by the
ThirdParty Administrator.
4. The Employer agrees that employee voluntary contributions to the Plan and loan repayments will not be suspended, modified or
terminated for a participant unless so instructed by the ThirdParty Administrator based on the participant’s actions with the ThirdParty
Administrator.
5. The Employer agrees to comply with all operating procedures established by the ThirdParty Administrator of the Plan. It
understands that the procedures may be modified or revised from time to time, and the Employer agrees to comply with revisions and
modifications without delay upon receipt of adequate notice of such modifications.
6. The Employer shall inform the ThirdParty Administrator in advance of any changes in the Employer’s benefit or compensation
programs that affect the operation or administration of the Plan.
7. The Employer may request that the ThirdParty Administrator refund a contribution made within the preceding 12 months on
account of a mistake of fact as defined by the Internal Revenue Service, and the ThirdParty Administrator shall grant such request.
8. The Employer shall furnish the ThirdParty Administrator all documents, data and other information necessary for the ThirdParty
Administrator to perform its duties under this Agreement. The Employer shall be solely responsible for the accuracy of any documents, data,
or other information provided to the ThirdParty Administrator by the Employer or by any other person or entity having responsibilities with
respect to the Plan. If the Employer fails to provide any such requested information, the ThirdParty Administrator shall be obligated to
perform its duties under this Agreement only insofar as it is able to do so with the information available. All information required to be
furnished by the Employer shall be transmitted in the medium and form acceptable to the ThirdParty Administrator. The ThirdParty
Administrator will be entitled to rely fully on the accuracy and completeness of information submitted by the Employer and will have no duty
or responsibility to verify such information.
9. The Employer shall comply with the Uniformed Service Employment and Reemployment Rights Act of 1994 regarding
participation in the Plan by participants with military service. The Plan allows an Employer to permit an employee who meets the criteria of
the Uniformed Service Employment and Reemployment Rights Act of 1994 the opportunity to “catchup” salary deferrals to the Plan that
November 23, 2009 continued 170
were not made during the time they were on active duty. Loan repayments are suspended during the period the Plan participant is on active
duty.
ARTICLE II
RESPONSIBILITIES OF THE THIRDPARTY ADMINISTRATOR
A. Implementation of Plan
1. The ThirdParty Administrator shall assist the Employer’s coordinator in scheduling enrollment meetings, provide the employer
with meeting notification materials, including but not limited to posters, handbills, press releasetype articles and payroll stuffers that are
mutually acceptable to the Employer coordinator and the ThirdParty Administrator.
2. The ThirdParty Administrator shall present the Plan and its benefits to the employees and enroll them in the Plan.
3. The ThirdParty Administrator shall provide brochures, enrollment forms, payroll deduction authorization forms, withdrawal forms,
loan applications and other forms relating to loans, as well as other forms needed to fulfill the duties as ThirdParty Administrator. For
purposes of this paragraph, “form” shall also mean a facility for electronic processing of participant requests.
B. Operation of Plan
1. The ThirdParty Administrator shall maintain a record of each participant’s contributions and shall invest his/her contribution in the
fund(s) selected by the participant. ThirdParty Administrator’s services will be provided in a professional and competent manner.
2. The ThirdParty Administrator shall provide the participant with a quarterly statement of his/her account, which shows the value of
the participant’s account.
3. The ThirdParty Administrator shall allow the participant to borrow from his/her account when he/she has complied with the
eligibility requirements established by the Third Party Administrator and the Plan as permitted by federal regulations, the Plan and the Third
Party Administrator.
4. The ThirdParty Administrator shall provide the participants withdrawal options including lump sum distribution and periodic
payments in accordance with the Plan and the Code.
5. The ThirdParty Administrator shall provide participants in the Plan who become entitled to receive a distribution from the Plan
with all appropriate notices and election forms concerning such distribution. The ThirdParty Administrator is responsible for proper reporting
of all distributions from the Plan and the withholding of income taxes as required by the Plan and the Code.
6. The ThirdParty Administrator shall provide administrative and operating procedures for the Employer.
7. It is agreed and understood that the ThirdParty Administrator assumes no fiduciary responsibilities with respect to its
administration of the Plan. The ThirdParty Administrator is the agent of the Plan, the State Treasurer and the Plan’s Board of Trustees. The
ThirdParty Administrator is not the “plan administrator” as defined by the Employee Retirement Income Security Act of 1974. It is
understood and agreed that the ThirdParty Administrator does not provide legal or tax counsel to the Employer or to any participant or
beneficiary and that the ThirdParty Administrator recommends that all such parties obtain legal and tax advice from competent, independent
sources. Nothing in this Agreement shall be deemed to confer on the ThirdParty Administrator any federal or state tax liability, which may be
imposed upon the Employer or any participant or beneficiary.
ARTICLE III
PLAN PARTICIPATION
The Employer and the ThirdParty Administrator jointly agree to promote the Plan and encourage participation in the Plan by all pay
grades of the Employer. This will require that initial enrollment meetings be held with all eligible employees to ensure that they are aware of
the benefit and value of participating in the Plan. The Employer agrees to promote the Plan on an ongoing basis by conducting periodic
meetings with eligible employees, utilization of posters, newsletter articles, payroll stuffers, and other agreed upon communications.
ARTICLE IV
CONFIDENTIAL NATURE OF INFORMATION
The parties hereto mutually agree to the extent permitted by law to safeguard and keep confidential any and all information obtained
from the other party with respect to the personnel of the State and each participant or, any other data identified in writing by either party to the
other party as being confidential.
ARTICLE V
DURATION OF THE AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect indefinitely, but in no event for less
than five years, except as provided below in Article VI.
ARTICLE VI
TERMINATION OF AGREEMENT
1. Either party may terminate this Agreement upon giving six months advanced written notice to the other party, provided that the
nonterminating party may waive such notice requirement. The termination of this Agreement does not terminate the Plan in which the
Employers’ employees are participating or require a distribution of accounts of the participating employees from the Plan. The termination of
this Agreement relieves the Employer from taking deductions and loan repayments from the participating employee’s pay and remitting them
to the ThirdParty Administrator.
2. The State may terminate the Plan at any time through the enactment of laws.
3. This Agreement shall terminate if the State terminates its Agreement with Prudential by which Prudential is obligated to serve as
ThirdParty Administrator.
4. This Agreement shall terminate if the Trustees discontinue the Plan.
ARTICLE VII
MISCELLANEOUS
1. The NC Public Employee Deferred Compensation Plan will conform to section [457(b)] in the Internal Revenue Code, as amended.
2. The Agreement shall be interpreted under the laws of the State of North Carolina.
3. All items specified in the Agreement, exhibits, or attachments shall be the current Eastern Time.
4. The Employer will make available to the ThirdParty Administrator, the Department of the State Treasurer, and an auditor
appointed by the ThirdParty Administrator or the Board of Trustees its records of contributions and loan payments submitted to the Plan for
the purposes of an audit. The Employer will also make available its documents pertaining to its employees’ deferral elections and other
documents deemed necessary by the ThirdParty Administrator to audit the Plan.
5. This Agreement is intended by the parties as a final expression of their agreement and is a complete and exclusive statement of its
terms. No other representation, understanding, or agreements have been made or relied upon in the making of the Agreement other than those
specifically set forth herein. No modification or waiver of any provision of this Agreement and no consent to any departure therefrom shall be
effective unless such modification or waiver shall be in writing and signed by all parties to the original agreement.
IN WITNESS THEREOF, the parties hereto do hereby sign and execute this Agreement as of the date first above written.
Perquimans County
Name of Employer (Please Type or Print)
November 23, 2009 continued 171
By:
(Signature)
Mack E. Nixon
(Please Type or Print Name Signed Above)
Chairman, Perquimans County
Board of Commissioners
Its:
(Please Type or Print Official Title)
11/2/09
Date:
PRUDENTIAL
By:
Date:
PROPOSAL FOR GANG ASSESSMENT IN THE COUNTY
As a part of Clayton Griffin’s grant, a Gang Assessment for the County is required which is
funded by the grant. The following proposal from Linda Hester was presented for Board consideration:
This is intentionally left blank.
November 23, 2009 continued 172
Linda Hester INVOICE
Gang Assessment for Perquimans Co.
139 Greenwood Dr. DATE: October 23, 2009
Hertford, North Carolina 27944 STATEMENT OF WORK
Phone 2524265689 Fax (same/call first) FOR: Gang Assessment Project
For end of year 1099: SS# 229662678
THIS IS A STATEMENT OF WORK
Bill To:
Bobby C. Darden
County Manager
Perquimans County, NC
DESCRIPTION AMOUNT
DESCRIPTION AMOUNT
Billing Schedule: three installments of $1166.66 $3,500.00
every 8 weeks 1st installment due December 31, 2009
Expected Completion: June 2010
Scope of Work
Present an overview of project to County Commissioners
Collect data from SROs, school disciplinary reports, arrest records, interviews, Parole Officer, etc.
Interviews with all appropriate resources available
Develop and administer surveys for different target groups; collect data and report results
Present at Community Forums update community on activities
Prepare monthly update for Steering Committee
Submit final Gang Assessment Report June 2010
Timeline
November through March data collection, surveys, forums, meet with Task Force
April through June report preparation and submission
TOTAL
Make all checks payable to Linda Hester
Payment due within 10 days of invoice
Ms. Hester provided the same assessment for Edenton and Chowan a couple of years ago. On
motion made by Tammy MillerWhite, seconded by Sue Weimar, the Board unanimously approved Ms.
Hester’s proposal for the Gang Assessment at $3,500.
CHANGE ORDER FOR CLEAN WATER MANAGEMENT TRUST FUND PROJECT
County Manager Darden explained that we had approximately $80,000 funds remaining from the
Clean Water Management Trust Grant. Albemarle RC&D has prepared a couple of change orders to
install an additional trail and to improve the wooded trail at a cost of $26,760 (Browns Land Developing)
plus prepare a walk over the wetlands at a cost of $8,400 (Bass Services & Rentals, Inc.). We are not
sure about permitting so the approval will be pending receipt of proper permits. On motion made by
Charles H. Ward, seconded by Sue Weimar, the Board unanimously approved the Change Orders for
Browns Land Developing in the amount of $26,760 and for Bass Services & Rentals, Inc. in the amount
of $8,400 pending permit approvals.
PROPOSED AMENDMENT TO ZONING ATLAS
At their Work Session, the Board discussed some of the limitations on the existing small
businesses within the rural parts of the County particularly in some of the crossroad communities. The
Rural Agriculture District is limiting on business and commercial uses within that district and it does
have a lot of conditional uses. Landowners have the conditional use district tool as their option,
particularly with new businesses. Any business that is already located within the Rural Agriculture
District will have to go through the same process to expand. The County’s Zoning Ordinance has a
Rural Commercial District. Mr. Darden said that maybe some of these areas should have been zoned
Rural Commercial District. According to the Zoning Ordinance, this District is established to reflect the
wide array of businesses existing in rural areas of the County. The District permits virtually all traditional
small business uses and Conditional permits more intrusive uses. If the Board wishes, he can begin the
process to rezone these areas. Commissioner Hobbs asked if we could do it on a case per case basis.
Commissioner Ward shared his concerns about Lot Winslow property that he had to get a Conditional
Use Permit to reopen a business that had been closed for year. Chairman Nixon asked if Mr. Darden
could get the process working in the Whiteston area and look at things as we go along. Commissioner
Hobbs expressed that if the business existed prior to zoning, Conditional Use Permits should be
automatically approved. After some discussion, the Board asked County Manager Darden to continue
to research and move forward with a change in the Zoning Atlas for these areas that could be zoned
Rural Commercial District. Commissioner MillerWhite said that we need to set up a process so that
the Board will not be opened to legal action. Chairman Nixon said that, if the commercial business was
operating prior to zoning, they should be zoned Rural Commercial. Commissioner Weimar agreed that
the law should apply to all not just a few. On motion made by Charles H. Ward, seconded by Tammy
MillerWhite, the Board instructed County Manager Darden to check on the process to get the Zoning
Atlas changed to rezone the areas Rural Commercial District for those areas in the County that had
operating businesses prior to zoning and to set up a Public Hearing.
PUBLIC COMMENTS
Imerson Cullins of Snug Harbor voiced his concerns about the following items:
Signage at Convenience Sites Mr. Cullins said that the signage at each convenience center is incorrect. It does not indicate that they are
:
closed on Thursday and opened on Sunday. County Manager Darden will check into this and get it fixed.
November 23, 2009 continued 173
Minimum Housing He said that there is dwelling on Perry Long Road that needs to be demolished and/or removed. During the Board’s
:
discussion about the minimum standing housing, Chairman Nixon reported that, several years ago, there was $50,000 to take care of
condemned properties provided the process was carried out through the Inspections Office. Chairman Nixon said that he would have County
Manager Darden check into it and see what can be done about it.
ADJOURNMENT
There being no further business to discuss, the Regular Meeting was adjourned by the Chairman
at 8:30 p.m.
Mack E. Nixon, Chairman
Clerk to the Board
* * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * *
SPECIAL CALLED MEETING
November 23, 2009
7:00 p.m.
The Perquimans County Board of Commissioners met in a SPECIAL CALLED MEETING on
Monday, November 23, 2009, at 7:00 p.m. in the Commissioners’ Room located in the Perquimans
County Courthouse Annex.
MEMBERS PRESENT: Mack E. Nixon, Chairman Charles H. Ward
Tammy MillerWhite, Vice Chairman Benjamin Hobbs
M. Shirley Wiggins Sue Weimar
MEMBERS ABSENT: None
OTHERS PRESENT: Bobby Darden, County Manager Will Crowe, County Attorney
Mary P. Hunnicutt, Clerk to the Board
Chairman Mack Nixon called the meeting to order and Commissioner Hobbs opened the meeting
with prayer. Chairman Nixon led the Pledge of Allegiance. Chairman Nixon explained that the purpose
of the Special Called Meeting was to hear a presentation from East Carolina Behavioral Health and any
other business that needs to be handled before our next meeting in December.
AGENDA
The Agenda was unanimously approved, as amended, on motion made by Charles H. Ward,
seconded by Tammy MillerWhite.
PRESENTATION: EAST CAROLINA BEHAVIORAL HEALTH
The Chairman recognized Mr. Roy Wilson, East Carolina Behavioral Health who presented the
ECBH 20092010 Initiative for Albemarle Mental Health Center and the Fiscal Monitoring Report for
Albemarle for period ending September 30, 2009. After his presentation, the Chairman opened the
meeting for questions from the Board. Mr. Wilson introduced individuals from his staff that would be
available to answer any questions. After answering several questions, the Chairman thanked them for
their report and stated that they needed to proceed with the next items of business.
CDBG 2009 GRANT
County Manager Darden reported that the County has received notification that we received the
CDBG Grant in the amount of $400,000. Carolyn Morris, CDBG Administrator, has presented several
documents to be signed by the Chairman, County Manager and County Staff. In order to participate,
the Board needs to authorize the Chairman and all required County personnel to sign the following
documents and any future required documents: the Funding Approval document, the Grant Agreement,
the Signatory Form & Certification, and the following Resolution:
R E S O L U T I O N
NORTH CAROLINA DEPARTMENT OF COMMERCE
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM NO. 09C2002
Upon motion made by Tammy MillerWhite seconded by Sue Weimar and unanimously passed, the Board of Commissioners
of Perquimans County adopted the following resolution at their Special Called Meeting held on November 23, 2009 at 7:00 p.m. in the
Perquimans County Courthouse Annex.
BE IT RESOLVED by the Perquimans County Board of Commissioners that the following individuals are authorized to sign
Requisitions for Funds to be drawn down under the North Carolina Department of Commerce – Community Development Block Grant
Program #09C2002:
Sharon S. Ward
County Finance Officer
Bobby C. Darden
County Manager
********************
NORTH CAROLINA
PERQUIMANS COUNTY
I, Mary P. Hunnicutt, Clerk to the Board of Commissioners of the aforesaid State and County, hereby certify that the foregoing is a
true and correct copy of the RESOLUTION adopted by the Board of Commissioners of Perquimans County at a Special Called Meeting held
on November 23, 2009 as the same appears on record in the Board Minute Book of the said Commission and filed in the Perquimans County
Registry.
November 23, 2009 continued 174
Witness my hand and official seal this 24th day of November, 2009.
Mary P. Hunnicutt
Clerk to the Board
ADJOURNMENT
There being no further business to discuss, the Special Called Meeting was adjourned by the
Chairman at 7:50 p.m. and the Work Session began.
Mack E. Nixon, Chairman
Clerk to the Board
This is intentionally left blank.
