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 March 17, 2008 in the Dare County Administrative Annex in Manteo. Commissioners present were: Warren Judge, Virginia Tillett, Allen Burrus, Mike Johnson, Max Dutton, Jack Shea, and Richard Johnson. Also present were County Manager Terry Wheeler and County Attorney Bobby Outten. Chairman Judge called the meeting to order. He called on Commissioner Mike Johnson to offer prayer followed by the pledge of allegiance to the flag.

ITEM 1 – REPORT ON THE 2007 OBX MARATHON

Mike Kelly and Webb Fuller reported on the 2007 OBX Marathon.  See attached video with highlights.  The 2008 OBX Marathon is scheduled for November 9, 2008. 

ITEM 2 – PRESENTATION OF COUNTY SERVICE PINS

1. Cathie Porter, Accounting Technician II in the Health Department, received her 10 Year Pin from Anne Thomas, Health Director.
2. Kathryn Bryan, Deputy Sheriff Sergeant, received her 10 Year Pin from Rodney Midgett, Sheriff.
3. Dianna Lesiewicz, Detention Officer, received her 10 Year Pin from Rodney Midgett, Sheriff.
4. Sandy Sanderson, Emergency Management Coordinator, received his 15 Year Pin from Terry Wheeler, County Manager.
5. Stella Vrablic, Public Health Nurse II, received her 30 Year Pin from Anne Thomas, Health Director.
6. Patricia Jump, Social Worker Supervisor II, received her 30 Year Pin from Jay Burrus, Social Services Director.

ITEM 3 – EMPLOYEE OF THE MONTH

Gabriel “Gabe” White, Water Plant Operator for the Mac Midgett Water Plant, received the Employee of the Month Certificate from Ken Flatt, Utilities Director. 

ITEM 4 – PUBLIC COMMENTS

No one came forward to speak

ITEM 5 – UPDATE FROM CHARTER COMMUNICATIONS

Tom Ross, Operations Manager, and James Ray, Government Relations Manager, presented information and answered questions about local cable service. Mr. Ross stated that Charter has considered the request for a “lifeline” low cost option for seniors as requested by the Board.  Mr. Ross said this does not meet Charter’s business model and they will not be able to offer it.  He indicated that the FCC will not allow cable providers to segment the population and, in addition, contracts will not allow segmentation of tiers of service.    Mr. Ross and Mr. Ray took time to update the Board about new channels and answered questions regarding their operations.  Mr. Ross said that he will look into the issue regarding the videotaping of the League of Women Voters Candidate Forums.

ITEM 6 – PRESENTATION ON NEW STORMWATER MANAGEMENT RULES

Tom Reeder from the NC Division of Water Quality discussed the recently adopted stormwater management regulations that he said he expects will be reviewed by the General Assembly in the 2008 session. See attached presentation from Mr. Reeder.  Following the presentation, County Commissioners posed numerous questions and discussion was held.   

ITEM 7 – BOWSERTOWN WORKFORCE HOUSING DEVELOPMENT

Bob Muller, Chairman of the CDC, presented the submittals from architects for the Bowsertown Workforce Housing Development.  This is a Dare County construction project.  The County’s Affordable Housing Committee has done the legwork up to this point and they have worked on the request for qualifications from architects.  The Outer Banks Community Development Corporation is asking for approval to negotiate a contract for architectural services with Cahoon and Kasten for the purpose of designing the Bowsertown Housing Project.   Commissioners approved this request.

ITEM 8 – OUTER BANKS TRANSPORTATION TASK FORCE REQUEST FOR

FY 2008-09 BUDGET

Jody Crosswhite, Chairman of the Outer Banks Transportation Task Force, and Willo Kelly, Secretary, made a presentation to the Board regarding a budget request for the Manager’s 2008-09 budget to allow a person to be hired to address local transportation issues.  The funds are requested for one year to get the initiative off the ground.  See attached information.  Following the presentation, Commissioners voted to forward the recommendation for the Manager’s consideration in the 2008-2009 budget.   

ITEM 9 – FEE WAIVER EXTENSION REQUEST

Ray Sturza, Planning Director, reminded the Board that after Hurricane Isabel the Board of Commissioners provided those residents and businesses damaged or destroyed by the hurricane a fee waiver for reconstruction permits and an expedited permit review process for one year. There were a few complicated projects that were granted extensions of one year. All Hurricane Isabel related reconstruction has either been completed or permitted with the exception of the General Mitchell Motel/Seagull Motel project, which has been granted two one year extensions and seeks a third. Attached is the letter of request by the Managing Partner, R. Terrence Coyle. Commissioners voted to approve the request for waiver of fees and site plan approval extension until September 17, 2008.  

ITEM 10 – FAMILY HOUSING INCENTIVE STANDARDS – PROPOSED AMENDMENT

Donna Creef, Senior Planner, presented a request to schedule a public hearing on the proposed text amendment regarding residency for workforce housing.  See attached.

Commissioners voted to hold a public hearing on the draft amendment to the Family House Incentive Standards on April 7, 2008 at 10:00 a.m.

ITEM 11 – PROPOSED TEXT AMENDMENT TO R-2B DISTRICT TO ADD RESIDENTIAL CHILD CARE CENTERS

Donna Creef, Senior Planner, presented a request to schedule a public hearing on requested text amendment regarding residential child care centers.  See attached.

Commissioner moved that a public hearing on this proposed amendment as recommended by the Planning Board be scheduled for April 7, 2008 at 10:00 a.m. 

ITEM 12 – ASHBEE HARBOR SUBDIVISION – PRELIMINARY REVIEW

Donna Creef, Senior Planner presented the request for Ashbee Harbor Subdivision preliminary plat. The property is located in Skyco and is zoned R-1 and Highway 345. The total site area is 175.77 acres (project acres 34.19 acres). The number of proposed lots is 46 with the smallest being 15,000 feet.  See attached subdivision fact sheet for additional information.  Following the presentation, Commissioners approved the preliminary plat for the proposed subdivision.  During discussion, the Board expressed concerns about streets not meeting DOT standards.  The Planning Board will come back to the Board of Commissioners to address the possibility of changing County ordinances to require all streets to meet NCDOT standards.

ITEM 13 – PUBLIC HEALTH COMMUNITY HEALTH ASSESSMENT PRESENTATION (DOCUMENT FILED IN CLERK TO THE BOARD’S OFFICE)

Trish Blackmon, Director of Clinical Services & Health Education, informed the Board that the Health Department and Healthy Carolinians of the Outer Banks have recently completed the Dare County Community Health Assessment which provides an analysis of health and social data in addition to local citizen input. The Community Health Assessment is completed every four years, presented to local government and the community at-large. Taskforces are then formed to address identified issues.

See attached presentation that provides an overview of the most recent Community Health Assessment. 

ITEM 14 – ELIMINATE CAPITAL PROJECT ORDINANCE FOR OLD SOLID WASTE TRANSFER STATION (SWTS)

David Clawson, Finance Director, informed the Board that the 2008 CIP included an appropriation of $125,000 for the demolition of the old SWTS. The demolition was accomplished at no cost to the County for the value of the steel. The attached amendment to the capital project ordinance eliminates the appropriation, freeing the funds for the next CIP.  Commissioners voted to adopt the amendment to the capital project ordinance as presented.

ITEM 15 – ENGLISH AS OFFICIAL DARE COUNTY LANGUAGE

Commissioner Shea said that we are becoming a bilingual and multilingual country as more people come to the United States from other countries.  He would like the Board to adopt a Resolution that English is the official language of Dare County and also request that the state of North Carolina and the United States adopt similar resolutions.  Discussion was held and Commissioner Tillett expressed concern about how this might affect children.  Following discussion, Commissioners voted for the County Attorney to draft a resolution or proclamation for the Board to consider at their next meeting declaring English the official language of Dare County. 

ITEM 16 – UPDATE REGARDING MOVE TO NEW ADMINISTRATION BUILDING

Dorothy Toolan, Public Information Officer, provided information about plans for county offices to relocate to the new Administration Building. The move is scheduled to begin on Friday, March 28 and citizens are asked to complete their business with County offices by Thursday, March 27 since some inconveniences will be experienced.  Offices will reopen in their new location on Monday, March 31.

ITEM 17 – GOVERNMENT ACCESS CHANNEL COMMITTEE REORGANIZATION AND BUDGET

County Attorney Bobby Outten informed the Board that this request has four parts:  Approval is needed for (1) the FY 2008-2009 budget, (2) an amendment to the FY 2007-2008 budget, (3) a proposed restructuring of the GAC Committee, and (4) pooling of funds received by each GAC member from the state. (See attached for more details).

Commissioners voted to approve the recommendation to merge operations of Channel 19 and Channel 20, the addition of a school board representative to the committee, and approved the proposed 2008-2009 budget and the amendment to the 2007-2008 budget.

ITEM 18 – HYDROGEOLOGIC EVALUATION OF ROANOKE ISLAND REPORT PRESENTATION

Dr. Richard Spruill with Ground Water Management and Associates provided a report on the evaluation of the freshwater resource potential from which the Skyco Water Plant withdraws raw water. The report included maps of aquifer properties, water levels, water chemistry and recommendations for future use.  See attached presentation for detailed information including recommendations for moving forward. 

ITEM 19 – UPDATE ON OREGON INLET BRIDGE

Vic Chairman Burrus reported that he recently met with the undersecretary of the Department of Interior and he was told that federal agencies under their realm would not present any opposition to NDOT’s final record of decision regarding the bridge.  The record of decision is expected later this year and he hopes construction will begin in early 2009. 

ITEM 20 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items: 

1. Approval of Minutes
2. Health Department Budget Amendment – Office of Minority Health & Health Disparities
3. Health Department Budget Amendment – Teens Against Tobacco
4. Health Department Budget Amendment – Breast & Cervical Cancer Control
5. Health Department Budget Amendment – Pandemic Influenza Funding
6. Health Department Budget Amendment – Healthy Carolinians
7. Social Services Budget Amendment – Domestic Violence Funding
8. Amend the Dare County EMS Plan/Standard Operating Guideline 3.23
9. Elster Amco Automated Meter Reading System “Beta Site” Contract
10. Health Department – Additional Aid-to-County Funds

ITEM 21 – BOARD APPOINTMENTS

1.    BOARD OF EQUALIZATION & REVIEW

Commissioner moved the appointment of Talmadge Jones to fill the unexpired term of Kerwin Hoy on the Board of E&R.

2.    JUVENILE CRIME PREVENTION COUNCIL

Commissioner voted to appoint Pat Hudspeth to fill the unexpired term of Jeanine Evans who resigned. 

3.    NURSING HOME COMMUNITY ADVISORY COUNCIL

Commissioners voted to reappoint Lib Fearing to serve a three year term on the NHCAC.

4.    WORKFORCE DEVELOPMENT BOARD

Commissioners voted to reappoint Robin Mann and Chuck Poe to serve a two year term on the Workforce Development Board.

ITEM 22 – COMMISSIONERS’ BUSINESS

Chairman Warren Judge – encouraged everyone to attend the meeting of the negotiated rulemaking committee on Tuesday and Wednesday, March 18 and 19, and speak at the public comment period between 11 a.m. and 12 p.m.  The committee will meet at Avon Fire Department to address beach driving on the Cape Hatteras National Seashore.  Chairman Judge provided an overview of the process being used and expressed concerns about the special interest groups involved in the process that have chosen to sue the National Park Service.  He said this issue is about protecting access to the National Seashore for all Americans.   

Commissioner Jack Shea – expressed appreciation to the County workers who received service pins and to the Employee of the Month.  

He provided an update from the most recent Board of Education meeting.  The Board of Education staff presented their fiscal year 2008-2009 budget totaling $55 million.

Commissioner Mike Johnson - read letter that Board of Commissioners sent to Lt. Governor Beverly Perdue inviting her to meet with the Board and local fishermen to express her views on commercial fishing and discuss the issue.  A similar letter will be sent to other state leaders.  He provided an update on the commercial fishing industry and the challenges they are facing, stating that the situation has worsened recently. 

Commissioner Max Dutton – thanked County employees receiving service pins and the employee of the month.

Commissioner Virginia Tillett – no business

Commissioner Richard Johnson – thanks to Mike Kelly for giving back to the community. 

Vice Chairman Allen Burrus – shared his idea for addressing commercial fishing issues over the long term by creating a commission to protect and enhance the local commercial fishing industry. 

He recently traveled to Washington, DC and had an opportunity to discuss local issues with federal representatives, including acquisition of the Coast Guard Station in Buxton, the Bonner Bridge, and dredging at Oregon Inlet.    

Beach driving – it is a real problem and he has concerns regarding access for the future. 

He wished everyone a happy Easter and shared the attached poem. 

Chairman Warren Judge – The St. Patrick’s Day parade held Sunday was a marvelous event. Thanked Mike Kelly for his efforts to support the community.

He asked the Board to consider Allen Burrus’ proposal to establish a commercial fishing commission. 

Thanked CASA for their work with substance abuse. 

Attorney’s Business – none

Manager’s Business – Asked the Finance Director to present the attached bids received for the Roanoke Island Center site preparation.   The Board voted to award the bid to RPC Contracting. 

ITEM 23 – UPCOMING BOARD APPOINTMENT FOR APRIL

The upcoming board appoint for April is the Health Board.

ITEM 24 – CLOSED SESSION – LITIGATION / DEFENDERS OF WILDLIFE VERSUS NPS

The Board voted to go into closed session to consult with the attorney in the matter of Defenders of Wildlife versus the National Park Service.  Attorney Outten reported that the Board discussed the issue and took no other action.

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