The first meeting of the month will be videotaped and shown on the Government Access Channel (Channel 20) on the following Wednesday at 1:00 PM and 7:00 PM following each meeting.  The second meeting of the month will be videotaped and shown on the Government Access Channel (Channel 20) on Wednesday at 1:00 PM and 7:00 PM following each meeting.  Any questions? Please call Dorothy Toolan, Public Relations Coordinator, at 252-475-5903. 

The Dare County Board of Commissioners met in a regular session at 9:00 a.m. on January 7, 2008 in the Dare County Administrative Annex in Manteo. Commissioners present were: Warren Judge, Virginia Tillett, Allen Burrus, Richard Johnson, Jack Shea, Max Dutton, and Mike Johnson.  Also present were County Manager Terry Wheeler and County Attorney Bobby Outten. Chairman Judge called the meeting to order. He called on Edward Lee Mann to offer prayer followed by the pledge of allegiance to the flag.

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS 

1. Dan Hughes, Facility Maintenance Supervisor at the Dare County Detention Center, received his 10 Year Pin from Rodney Midgett, Sheriff.
2. Ricky Bascue, Detention Officer, received his 10 Year Pin from Rodney Midgett, Sheriff.
3. Patricia McConnell, Finance Technician, received her 10 Year Pin from Jonathan Wark, Librarian.
4. Paula Farah, Emergency Medical Technician Lt., received Year 10 Year Pin from Skeeter Sawyer, EMS Director.
5. Steve Taylor, EMS Deputy Director, received his 25 Year Pin from Skeeter Sawyer, EMS Director.
6. Rodney Midgett, Sheriff, received his 25 Year Pin from Chairman Warren Judge.

ITEM 2 - EMPLOYEE OF THE YEAR – 2007

Maria Heifferon, Cultural Specialist, presented the twelve employees of the month for 2007.  Following the introductions, Susan Saulsbury from the Department of Social Services was recognized as Employee of the Year.   

ITEM 3 – EMPLOYEE OF THE MONTH – JANUARY 2008

Pam Tate, EMT Intermediate, received the Employee of the Month Certificate from Skeeter Sawyer, EMS Director.

ITEM 4 – PUBLIC COMMENTS

Carolyn Beck Vandenburg of East Lake asked Commissioners to look into several issues.  She asked the Board to acquire a sign that says, “Welcome to East Lake.”  She also expressed concerns about the Dare County Sand Pit and feels it is having a negative effect on the water table in East Lake.  The depth of the pit, she believes, is below the 60 to 70 foot level and asked Commissioners to investigate the pit and the impact that it is having on the area.

ITEM 5 – SHERIFF’S DEPARTMENT NON-LETHAL WEAPON GRANT APPLICATION

Sheriff Rodney Midgett informed the Board that his department is requesting authorization to apply for a grant from the Governor’s Crime Commission that will be used to purchase tasers, non-lethal weapons that are used to incapacitate suspects, inmates or the mentally ill. These weapons have proven to be an alternative to having to grab hold of or fight combative individuals under certain incidents when the conditions will allow which greatly reduces injuries to both the suspect and Sheriff’s Office personnel. They will be issued to patrol officers, court room security officers and detention officers. This grant requires a 25% match from the county and is for the fiscal year that begins July 1, 2008. The county’s portion of this grant totals $2,616. The grant application is due to the Crime Commission by the end of January and they are typically informed in late April or May if the grant request is approved. Following the presentation, Commissioners authorized the Sheriff’s Department to submit the grant to the N.C. Governor’s Crime Commission.

ITEM 6 – SHERIFF’S DEPARTMENT SUBSTANCE ABUSE OVERTIME GRANT

Sheriff Rodney Midgett informed the Board that his department is requesting authorization to apply for a grant from the Governor’s Crime Commission that will be used to pay overtime for officers to work extra hours in a concentrated number to combat narcotics activity throughout the county. They have received these funds in the past years and it was very effective. The grant period is for one year and it begins on July 1, 2008. It requires a 25% match from the county. The maximum amount that any law enforcement agency can apply for is $10,000 of grant funding plus the 25% match. This grant, if approved by the Crime Commission would require a Dare County match of $3,125. The grant application is due to the Crime Commission by the end of January and they are typically informed in late April or May if the grant is approved.  

Commissioners authorized the Sheriff’s Department to submit the grant application to the N.C. Governor’s Crime Commission.

ITEM 7 – PUBLIC HEARING / FY09 COMMUNITY TRANSPORTATION PROGRAM (CTP) GRANT APPLICATION

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT REGARDING THE FY09 COMMUNITY TRANSPORTATION PROGRAM (CTP) GRANT APPLICATION.

Attorney Outten explained the CTP grant provides 85% of the Dare County Transportation System (DCTS) administrative expenses and 90% of the DCTS capital expenses. The DCTS provides rural general public transportation to Dare County residents. No additional Dare County dollars are involved. No budget amendments are needed at this time.

Attorney Outten conducted the hearing and invited the public to speak.

No one came forward.

Following the hearing, Commissioners adopted the Authorizing Legislation Resolution as presented.    

ITEM 8 – PUBLIC HEARING / SUBDIVISION ORDINANCE – COMMON DRIVEWAY STANDARDS

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT REGARDING THE SUBDIVISION ORDINANCE – COMMON DRIVEWAY STANDARDS.

Planning Director Ray Sturza informed the Board that last month staff was instructed to schedule a public hearing on proposed amendments to the Subdivision Ordinance that, if adopted, would establish standards for common driveways. The Subdivision Ordinance currently does not include any standards for common drives and the Board had instructed staff to draft some standards for consideration. A copy of the specific language is attached. The language includes a maximum length of 200 feet of paved improvements and common drives shall not be used to access more that 2 lots.

Attorney Outten invited the public to speak.

Duke Geraghty of Outer Banks Homebuilders Association stated that he is not against paving, but the new coastal stormwater rules being proposed by the state make it difficult to propose paving along the coast since lot coverage could decrease. 

He also expressed concern with only two houses per common driveway and gave an example of a subdivision in Kitty Hawk Woods that has five homes on one driveway that works well.

Following the public hearing, discussion was held.

Commissioner Richard Johnson asked if the proposed coastal stormwater regulations were considered.  Planning Director Sturza said they were not considered, but that paving would not be required since a number of surfaces other than pavement were permissible.  There was also discussion about whether the proposed standards would (or should) meet DOT requirements. 

After discussion, Commissioners adopted the proposed amendments to the Subdivision Ordinance for common drives as advertised and find that these amendments to be consistent with the objectives and policies for growth and development contained in the 2003 Land Use Plan or other officially adopted plans of Dare County that are applicable and in the public interest of Dare County and that it further the public health, safety, and welfare of Dare County by providing for the safe movement of traffic into driveways.   

ITEM 9 – PUBLIC HEARING / CHAPTER 152 AMENDMENTS

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT REGARDING THE CHAPTER 152 AMENDMENTS.

Donna Creef, Senior Planner, informed the Board that the Planning Board has been working on proposed amendments to Chapter 152 of the Dare County Code of Ordinances. This alternative, if adopted, would establish a 45-foot building height limit for the unzoned areas of the County (East Lake) and would establish a 20,000 square foot gross floor area limitation for the unzoned areas of the County and the SP-2 district that applies in Stumpy Point. A copy of the specific language is attached. Following the hearing, if the Board chooses to adopt this language, then any proposed building in East Lake would be reviewed for compliance with the building height of 45 feet measured to the highest roof structure and reviewed for compliance with the 20,000 square feet gross floor area limitation. Any proposed commercial structure in the SP-C district would be reviewed for compliance with the 20,000 square feet gross floor area limitation of Chapter 152 and the building height limit of the SP-C district. For the other zoned portions of unincorporated Dare County building height for all structures and commercial building size would be regulated according to the applicable individual zoning districts.

A review of the tax districts lists 194 parcels of land in East Lake. The Stumpy Point zoning map depicts 12 properties zoned SP-C.   

Carolyn Beck Vandenburg of East Lake asked why height was being considered before zoning is established. 

Following the hearing, Richard Johnson explained that the height limitation was suggested to have some type of height limitation in place while zoning is established. 

Following the hearing, Commissioners voted that Chapter 152 be amended as advertised for this hearing and found the amendment to be consistent with the objectives and policies for growth and development contained in the 2003 Land Use Plan or other officially adopted plans of Dare County that are applicable and in the public interest of Dare County and that it furthers the public health, safety, and welfare of Dare County by limiting building height.

ITEM 10 – FAIR HAVEN / CLARKS BETHEL UNITED METHODIST CHURCH CONDITIONAL USE PERMIT

Ryan Simons, Planner, informed the Board that a proposed parsonage will be used in conjunction with an existing church building in Rodanthe. Because the parsonage and church will be situated on the same lot and devoted to a common or similar use, the proposal constitutes a group development, and thus subject to conditional review.

Following the presentation, Commissioners recommended approval for the CUP application as presented.

ITEM 11 – UPDATE ON OREGON INLET BRIDGE

Vice Chairman Burrus reported there is very little news regarding construction of the new bridge, but his understanding is that record of decision is expected later this year. 

He said that there are concerns about repairs for the existing bridge and the Replace the Bridge Committee hopes to get updated information about when repairs will take place so that the public can stay informed. 

ITEM 12 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items: 

1. Approval of Minutes
2. Health Department – Additional Aid-to-County Funds
3. Health Department – Family Planning Funding Adjustment
4. Health Department – “Peek A Boo” Grant
5. Health Department – Immunization Expansion
6. Health Department - Substance Abuse program - State Funds
7. Lease Agreement with the Dare County Board of Education - Former Alternative School
8. Road Request - South Lake Subdivision, Ease Lake

ITEM 13 – BOARD APPOINTMENTS

1.   AIRPORT AUTHORITY BOARD

Commissioners appointed Dwight Burrus to fill the unexpired term of David Jack Kenny on the Airport Authority.

Due to the rotation schedule for county appointments, Dare County will have to appoint an at-large delegate for a two year term (bylaws required that the at-large not be an elected official). The term is from April 1, 2008 - April 1, 2010.  The appointment will be made at a future meeting.

3.   BOARD OF EQUALIZATION AND REVIEW

The following did not accept their reappointments: John Receveur and Kerwin Hoy.

These vacancies will be advertised so that citizens will have an opportunity to submit applications and appointments will be made at a future meeting.

4.   DARE COUNTY TRANSPORTATION ADVISORY BOARD

Commissioners reappointed Pete Groom to serve a four year term on the Dare County Transportation Advisory Board.

5.   NURSING HOME COMMUNITY ADVISORY BOARD

The County Attorney explained that, according to statute, 1/3 of the members of this Board must be appointed upon recommendation of governing body of the local nursing homes.  They must be allowed 45 days to submit nominations.  Commissioner Tillett asked that a representative from Hatteras Island be considered.  These appointments will be made at an upcoming meeting.   

6.   TOURISM BOARD

Commissioners appointed Jackie Myers (Outer Banks Association of Realtors), and reappointed Ervin Bateman (Town of Kitty Hawk), Paul Buske (Town of Kill Devil Hills), Renee Cahoon (Town of Nags Head), Mike Johnson (DC Commissioner) and Tim Shearin (Member at Large) to serve a two year term on the Tourism Board.

A representative from the Outer Banks Restaurant Association will be appointed when

recommendations are received from that Association.    

ITEM 14 – COMMISSIONERS’ BUSINESS

Commissioner Jack Shea – Expressed congratulations to Susan Saulsbury as Employee of the Year and wished everyone a happy and prosperous new year.

Commissioner Mike Johnson – no comments

Commissioner Max Dutton – appreciates the combined 90 years of service provided by those receiving service pins this morning.  Susan Saulsbury, the Employee of the Year, does an outstanding job.  Also, Pam Tate, the Employee of the Month kicks the year off well.

NHES PTA raised money and will put a climbing wall at the school.

A Board of Education meeting is scheduled for Tuesday night at FFHS at 6 p.m.

The affordable housing project for teachers through the Dare Education Foundation is moving forward.

The CDC reports 5 presales at Natures Walk

He will be unable to attend the next meeting as he will be out of town on business.

Commissioner Virginia Tillett – commended Susan Saulsbury.  She is one of the most caring and sweetest ladies that she has ever met. 

She received a call from a lady concerned about dogs and leash laws for Dare County and she referred her to Commissioner Mike Johnson who is on that committee.

The Nursing Home Advisory Committee took a tour of local nursing homes and found them to be in good shape.  Britthaven had 83 patients and Spring Arbor 69 patients. She is very proud of these facilities and hopes more can be done to keep those we love in Dare County.

JCPC will meet later this week.  There is still some trouble with the cutting of state funds for next year.  Please encourage those in Raleigh to support this program. 

The Nursing Home Advisory Committee went to Hertford in December for a luncheon honoring volunteers with the Area Aging Program.  These folks volunteer to work with other senior citizens throughout our area.  They are to be commended. 

Commissioner Richard Johnson – Charter rates are going up again.  There is no lifeline package in Dare County and he would like the Board to request that this be offered here for those who cannot afford a more expanded package.   The County Attorney will prepare a letter.

Vice Chairman Allen Burrus – Wished everyone a Happy New Year. 

Department of Insurance – inquired as to there might be a possibility for local fire department volunteers to get insurance for time spent in training.  This might help keep people involved.  Asked Manager and Attorney to look into this.

He recommends that an Older Adult Summit be held to make Dare County a better place to live for older adults.  This would bring everyone in the County together to talk about the issues. 

Waterfront areas – He and staff have met with various agencies.  There are areas throughout the county that have been identified by the state as possible working waterfront sites.  This will benefit the County in the long run to partner so that money can go further for everyone.

Susan Saulsbury and the Department of Social Services do an excellent job.

Thanked Warren for spending two days in Avon for the Negotiated Rulemaking meetings last week.

He suggested meeting with the Homebuilders to find ways to offset the slowdown.   We are seeing more people at Social Services and the Health Department and it is a big problem.  What can be done?  Is there a way to sustain growth over the long term?  He asked the Chairman to consider establishing a committee.

The Pools and Spas Committee will meet again and hopes to come up with some recommendations that can be provided to the state.  It is a good mix of people working to establish guidelines that will work for everyone.

Chairman Warren Judge – East Lake – thanked Carolyn for her comments.  Would like to hear from the community about a zoning initiative for that community.  Asked the County Manager to look into having signs made for East Lake. 

The negotiated rulemaking meetings got underway officially last week.  There is a lengthy booklet that must be completed by the County and submitted.  Staff will be working on this. 

Bobby, Ray and Warren went to Washington, NC and it appears that the last permit from the Army Corps for the Stumpy Point Wastewater Project is expected soon so that the project can move forward.

Jennette’s Pier – The Aquarium Society is moving forward with this project as is the NC Aquariums.  Hope that it will be underway soon.

Charter Cable - legislation has taken authority away from county to grant franchises.  In the future, it will go through the state.  Might ask state to reconsider this decision.  He only sees service going downhill.  Letter will be sent to elected representatives in Raleigh regarding this issue.

Boards and Committees assignments – list has been distributed.  Please let him know if any changes are requested.

Proposed Stormwater Regulations – they have been delayed.  We need to begin work of drafting a local stormwater management plan for Dare County.  Would like to meet with Bobby, Terry and Ray to talk about how the county might address this.  The County Attorney reported that the Planning Department has worked on this issue and has a draft of some form in place.

Mary Helen Goodloe Murphy was honored by her community last Thursday night in Rodanthe at the Community Center. Congratulations and thanks to Mary Helen.

ATTORNEY’S BUSINESS – Presented the attached Resolution Regarding Preserving the Heritage of the Jennette’s Pier Name and it was approved by the Board.  The Resolution will be forwarded to NC Aquariums, Aquarium Society, and Town of Nags Head as requested by the Chairman.  

ITEM 15 – UPCOMING BOARD APPOINTMENTS FOR FEBRUARY

The upcoming board appointment for February is the Planning Board.

ITEM 16 – CLOSED SESSION – LAND/STEVE MIDGETT TRACT, DONNIE ODEN PARCEL, AND LIGHTKEEPERS ESTATE TRACT, LITIGATION / DEFENDERS OF USWS VERSUS NPS & APPROVAL OF MINUTES OF LAST CLOSED SESSION

Commissioners voted to go into closed session to instruct the county staff or negotiating agents, concerning the position to be taken by or on behalf of the county in negotiating the price and other material terms of contract for the acquisition of real property by purchase, option, exchange, or lease in the matters of Steve Midgett Tract, Donnie Oden Parcel in Buxton, Light Keepers Estate Tract in Rodanthe; the Billy Roughton parcel in Nags Head, Outdoor Properties II, LLC property in Manns Harbor, and Avon Harbor property.  In addition, the Board will consult with their attorney in order to preserve the attorney client privilege and to give the County Attorney instructions concerning the handling of a settlement claim , judicial action or administrative procedure in the matter of Defenders of US Wildlife Service versus National Park Service and the condemnation matters of Dare County versus Gurkin, Tignor, Hobbs, Lawrence et al, Fearing Realty, Burrus and Gard and approve the minutes of the last closed session.

Following the closed session, Attorney Outten reported that the Board provided direction and instructions to staff regarding matters listed above and approved the minutes from the last closed session. 

ITEM 17 – TOUR OF DARE COUNTY ADMINISTRATION BUILDING

After the meeting adjourned, the Board took a tour of the new County Administration Building that is under construction. 

Site Index | Homeland Security | Privacy Statement | Accessibility