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The Dare County Board of Commissioners met in a regular session at 5:00 p.m. on January 22, 2008 in the Dare County Administrative Annex in Manteo. Commissioners present were: Warren Judge, Virginia Tillett, Allen Burrus, Richard Johnson, Jack Shea, and Mike Johnson. Max Dutton was absent. Also present were County Manager Terry Wheeler and County Attorney Bobby Outten. Chairman Judge called the meeting to order. He called on C.L. Reynolds to offer prayer followed by the pledge of allegiance to the flag.

ITEM 1 – PUBLIC COMMENTS

Tillman Gray of Avon asked Commissioners for their support in opposing the waterfront access projects proposed for Hatteras Island.  He said that the state committee was asked to use criteria for selecting projects that would eliminate those that would impose on private enterprise.   He said that the projects on Hatteras Island would effect existing businesses and called it government funded competition.  His concern is that if the government is going to come in and put up government funded competition, then small businesses do not have a chance.  He asked the Board not to support these projects.

Britton Shackelford came forward to express concerns about the species of fish that local watermen are not allowed to catch due to regulations imposed by the state.  He said this was done without biological research. He asked that North Carolina Watermen United be allowed to give a presentation about these issues at the next Board’s next  meeting.

ITEM 2 – PRESENTATION OF AUDIT RESULTS AND CAFR FOR THE FISCAL YEAR ENDED JUNE 30, 2007

Finance Director David Clawson introduced Bob Taylor of Potter & Company to present highlights of the independent auditors report.  Mr. Potter said that the audit is without qualifications (no findings, no questioned costs, and no management letter).  He said that professional audit standards are changing rapidly and there will be more communication with the audit committee on the front side of the audit in the future.  Attached is a letter from Potter and Company addressed to the Board of Commissioners.   Mr. Potter commended Dare County and the leadership of David Clawson as Finance Director. 

Mr. Clawson then presented the results of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2007 which was presented to the audit committee on December 13, 2007.  See attached presentation. 

Following the presentation, Commissioners voted to accept the report.

ITEM 3 – CHANGE ORDER FOR PARKING LOT NORTH OF ADMINISTRATION BUILDING

David Clawson, Finance Director, informed the Board that the CIPC requested Heery International to price a change order for a parking lot directly north of the Administration Building due to future parking for the Roanoke Island Senior Center (RISC). See attached for details.  Commissioners voted to authorize the County Manager to execute the change order and adopted the amendment to the capital project ordinance.

ITEM 4 – STUMPY POINT WASTEWATER TREATMENT PLANT UPDATE ON PERMIT STATUS

Gary Hartong with Wooten Associates updated the Board about the Stumpy Point Wastewater Treatment Plant.  He said that the County is waiting on one permit – the Corps 404 permit.  He expects to have it by the end of the week so that the project can be advertised and bid.  See attached updated schedule for the project.      

ITEM 5 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval of Minutes
2. Nursing Home Community Advisory Committee / 2007 Annual Report
3. Grant Application to the National Recreation Trails Program
4. Meekins Charitable Trust Grant for Roanoke Island Senior Center
5. Health Department – Dare Respite Care Grant Award

ITEM 6 – BOARD APPOINTMENTS

1. ALBEMARLE COMMISSION
   To be placed on future agenda.
2. BOARD OF EQUALIZATION AND REVIEW
   To be placed on future agenda.                     
3. LAND TRANSFER TAX APPEALS BOARDCommissioners appointed Jack Overman to fill the term of Russell Langley.
4. TOURISM BOARD
   Commissioners reappointed Ben Sproul (DC Restaurant Association) to serve a two year term on the Tourism Board.
5. JUVENILE CRIME PREVENTION COUNCIL
   Commissioners appointed Vance Haskett (Police Chief Position) to serve a two year term on the JCPC.

 

 

ITEM 7 – COMMISSIONERS’ BUSINESS

Commissioner Mike Johnson – Mr. Shackelford who spoke during public comments asked to make a presentation on the Board’s next agenda.  Commissioner Johnson suggests that they make a presentation quarterly so the Board can stay up to date on with fishery issues.  The Board needs to stay informed so they can help the industry. 

Commissioner Virginia Tillett – Appointment for the Nursing Home Advisory Committee will be placed on the Board’s next agenda.

The next quarterly meeting of the Nursing Home Advisory Committee will be on January 28. Everyone is welcome.

Older Adults Services – new bylaws have been prepared and will be placed on the Board’s next agenda.  There will be a meeting to see how to move forward with a forum regarding older adults in Dare County. At the Advisory Committee’s last meeting, there was discussion about concens for older adults – scams, transportation.

Parks and Rec Advisory Committee meeting – Topics at their last meeting included KH park development, swimming pools for the County, working waterfronts with activities for all ages, and stormwater runoff. 

Cookhouse – NCDOT is considering funding for improvements at the site (greenery, lighting).

Commissioner Richard Johnson – no business

Vice Chairman Allen Burrus – Oregon Inlet and Waterways Commission was informed at their last meeting that Oregon Inlet will be closed for large trawlers during April/May from approximately 6 a.m. to 6 p.m. each day while construction is taking place.  Coast Guard says the buffer system is necessary to ensure that the bridge remains in operation.  It will effect some of the dredging and other things going on.  It will be difficult for large commercial boats to get through but sport fishing boats should not have a problem.  

Working waterfronts – he does not agree with comments offered during public comments.  Buxton does not have a ramp system and the County does not own much property there. 

Abandoned boats – the County has tried to identify money to get some of these boats removed.  Some type of legal document is needed.  County attorney will follow up on this.

Management system for fisheries in this country is a joke.  NC has regulated their watermen out of business.  He does not understand the process.  Fish can be sold in Virginia but not in NC.  The whole system needs to be revamped.  

Older Adults Conference – glad to know that this is moving forward as reported by Commissioner Tillett

Workforce Development – is there a program through the county that is helping folks?

Albemarle Commission has the Workforce Development Board and an office in Nags Head.  Social Services also has initiatives with Work First.

Stumpy Point – this community will have wastewater treatment but the proposed stormwater rules would greatly impact ability for property owners to build on their lots. It is communities such as this that will be hurt the most and the stormwater rules go against what we need to see done. 

Commissioner Jack Shea – reported on most recent Board of Education meeting

Chairman Warren Judge – none 

Manager’s Business – County Manager Terry Wheeler asked David Clawson to provide information from the CIP Committee pertaining to meeting space for County Commissioners.  Mr. Clawson said that the CIP Committee has met with architects from Heery to discuss an alternative for the Commissioners meeting room since costs for renovating the historic courthouse in downtown Manteo have escalated.  The alternative is to add an addition at the new Administration site as this is a less expensive option (closer to budgeted amount).

See attached cost comparisons.  Also attached is the proposed layout for the addition to the new administration building.  The Board was interested in moving forward to pursue this option.   Chairman Judge reviewed the proposed timeline for this option. 

The Board authorized staff to meet with the contractor and make necessary change orders to build the new corridor that would be necessary for the addition (as drawn on the proposed plan).    The CIP Committee will bring information, including final costs, back to the Board for a final decision.

ITEM 8 – CLOSED SESSION

Vice Chairman Burrus, pursuant to NCGS 143-318.11(5), moved that the Dare County Board of Commissioners 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 a contract for the acquisition or real property by purchase, option, exchange, or lease in the matters of Light Keepers Estate tract in Rodanthe, Billy Roughton parcel in Nags Head, Outdoor Properties II, LLC property in Manns Harbor, and Avon Harbor property and pursuant to the provisions of NCGS 143-318.11G, moved that the Dare County Board of Commissioners go into closed session to consult with an attorney employed or retained by the county in order to preserve the attorney client privilege between the attorney and the county in the matters of Dare County v. Outer Banks Construction and the matter of Defenders of Wildlife v. National Park Service, and for approval of minutes of the last closed session.

Following the closed session, Attorney Outten reported that the Board of Commissioners approved the minutes of the last closed session, gave the attorney advice on acquisition of real properties including the four listed above and gave the attorney instructions in the matter of Dare County v. Outer Banks Construction and the matter of  Defenders of Wildlife v. NPS.

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