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Summary April 7, 2008

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 April 7, 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 Reverend Tom Wilson to offer prayer followed by the pledge of allegiance to the flag.

 

The Board voted to add a closed session to the agenda (Item 20) to protect the attorney client privilege in regards to the lawsuit Defenders of Wildlife and National Audubon Society vs. The National Park Service.  Dare County is a Defendant – Intervener in this lawsuit.

 

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

  1. Yvette Pollock, Day Care Services Coordinator for Social Services, received her 10 Year Pin from Pat Jump, Family Services Supervisor.
  2. Vickie White, Income Maintenance Caseworker III for the Adult Medicare Program at Social Services, received her 10 Year Pin from Teresa Edwards, Adult Services Supervisor.
  3. Norma “Kay” Augustson, Detention Programs Specialist at the Dare County Detention Center, received her 15 Year Pin from Rodney Midgett, Sheriff.
  4. Carl “Tim” Rhodes, EMT Paramedic, received his 15 Year Pin from Skeeter Sawyer, EMS Director.
  5. Charles “Chuck” Earley, EMT Paramedic, received his 20 Year Pin from Skeeter Sawyer, EMS Director.
  6. Millie Barkley, Tax Processing Specialist, received her 20 Year Pin from Michelle Evans, Tax Collector.
  7. Allison Rucker, Network Specialist, received her 20 Year Pin from Tom Gray, Information Technology Director.
  8. Lee Wise, Network Administrator, received his 20 Year Pin from Tom Gray, Information Technology Director. 

 

ITEM 2 - EMPLOYEE OF THE MONTH

 

Corporal Pam Simmons, Assistant Shift Leader at the Dare County Detention Center, received the Employee of the Month Certificate from Sheriff Rodney Midgett.  Sheriff Midgett read comments from her coworkers -- Pam arrives to work early and always has a smile on her face.  She is always looking for new ideas to make the Detention Center better.  She treats everyone with respect and will gladly perform any task.  She has a great attitude and is always willing to help.  Pam is a giver, a giver of self, knowledge and life.   She is a great asset to her shift and the Detention Center overall, and is highly motivated and always willing to learn new things.  The Sheriff congratulated Congratulations Pam as employee of the month. 

 

ITEM 3 – PUBLIC COMMENTS

BJ Neal of Southern Shores spoke against declaring English as the official language of Dare County.  See attached comments from Ms. Neal.

 

Anthony Fletcher from Buxton, candidate for the Dare County Board of Education, spoke about his background and his interest in serving on the Board of Education.  He said the future of Dare County lies in the hands of the children and he would like to serve as a liaison for all of Hatteras Island to work with the community to get buy-in from the communities to achieve goals.  He asked for support from voters of Dare County.  

He also took time to thank Vice Chairman Burrus and Chairman Judge for their efforts in keeping free and open access to the beaches. 

 

George Keefe of Southern Shores spoke about the importance of foreign visitors to the Outer Banks and expressed concerns for discouraging them from visiting if English is made the official language of Dare County. 

 

Jack Shehan of Southern Shores said that Commissioners are considering an ill conceived resolution regarding English as the official language of Dare County.  He spoke about the history of the English language and is unsure what purpose the resolution would serve.  He asked Commissioners to reject the resolution and address immigration with meaningful reform.

 

Teresa Stanley spoke about the resolution regarding English as the official language of Dare County.  She is unsure what purpose it would serve and has been told that it could prevent a lawsuit for the County regarding services.  She sees no justification for this and said the County should celebrate our diversity.  She can only see possible negative side effects from this.  

 

Maria Rodriguez opposes the resolution declaring English the official language of Dare County

 

Roga Compean serves as Hispanic preacher.  He has always felt welcome here and feels that this resolution will harden the image of Dare County.  He has heard this morning that we have the greatest people in NC and for he is proud to be an American and loves English.  He took four years of English in high school (in Mexico).  He believes Dare County will be much better off if resolution is not accepted.

 

Bob Pitsch of Kill Devil Hills spoke on behalf of Amber Stanley and the group she represents called Dare to Be United, a youth initiative that grew from the “How are the Children?” conference.  The group adamantly opposes the resolution declaring English as the official language of Dare County.

 

Frank Jakob of Salvo spoke about overspending and accountability.  He said that regardless of whether it is county, state or federal money, it is the people’s money.  He spoke about the Manns Harbor marina. He is familiar with this property because he represented a client who bought and sold it.  He has heard that the County and the State are going to spend $5.3 million for the property in this down market, and he does not think it is worth that amount.  He read a letter that is being sent to Chris Dillon in Senator Basnight’s office regarding the property.      

 

Following Mr. Jakob’s comments, Chairman Judge responded that Dare County is not buying this property – it is being considered for purchase by the state’s Waterfront Access Advisory Group.  The County was asked by the state to do some of the leg work to submit applications for various properties for consideration and the state will make final selections. 

 

Michel Sanchez opposes the resolution to make English the official language of Dare County.  She said that it will do nothing but create a hostile and divisive environment.  She is a member of America United that works to improve the quality of life for Latinos.  The resolution, in her opinion, undermines that goal.  She also represents Dare to be United and Voices that Challenge, youth groups that work for solidarity.  She asked the Board to set an example for the youth by acting from a place of compassion and hope, and voting against the resolution.  

 

Tom Wilson of Southern Shores was welcomed into Dare County four years ago and feels it is a very open community.  He recalled living in El Salvador as a youth and feeling discriminated against when he returned to the United States speaking Spanish.  He said that he understands bullying techniques, but expects more from elected representatives.   

 

Danyele Graham and the organization that she represents, America United Mano al Hermano, are vehemently opposed to the Resolution regarding English as the official language of Dare County.    She is concerned that the resolution will be perceived as a threat against immigrants in Dare County, and immigration reform must be undertaken by the Federal government.  Attached is her statement. 

 

Arcadia Rivera works at Holy Redeemer in the Hispanic ministry.  She is learning English and became a nun to promote human rights around the world.  Most of the people come to this country to grow and to have the chance to build their dreams, and they need to feel welcomed.  This country was built by immigrants so what is the point of the resolution.  All must work together.    

 

Kay Minis of Kitty Hawk spoke about English as Second Language classes offered throughout the county.  She has taught hundreds of students who take these classes at night.  She encouraged the Board not to pass the resolution. 

 

Dale Draper of Southern Shores urged the Board not to pass the resolution.  He is a volunteer for English as a second language classes and he thinks immigrants want to speak English. 

 

Vincent Martin spoke in opposition to the English as a second language resolution. 

 

ITEM 4 – LAND DONATION

Malcolm and Susan Fearing, along with Lib Fearing and Allison Fearing, presented a deed donating land in Manns Harbor on the northwest side of the old Manns Harbor Bridge. The land is offered in memory of Dean Fearing who was diagnosed in her early twenties with Multiple Sclerosis. The family’s personal experience has had a deep rooted meaning for his family.  They hope that the land will provide free access - they envision a pier on the property in the future.  Mr. Fearing introduced Joe, who is in a wheelchair and takes time to hunt and fish, and is dedicated to the outdoors and his love of life is one of the reasons the family is donating the land.  Their hope is that it will provide an area of free access for all, including the disabled.  Mr. Fearing thanked Jenny Gray, a county employee, for her help with this project.  He also thanked Stan White with DOT for his assistance.  Skip Morgan of Manteo Rotary and the Coastal Carolina Purple Martin Society thanked the Fearing family for this gift of property – it offers a great view of the martins roosting at the bridge during the summer months.  The groups recognized the family with a donation of $1,000 to the Manns Harbor Civic Association to be used towards landscaping at the property.   The deed was signed and Mr. Fearing stated that the land is offered in appreciation for what the County has provided for their family.  Chairman Judge accepted the gift and thanked the family and all involved, and assured them that the property would be named as they wish.

 

ITEM 5 – PROCLAMATION / PRESENTATION WEEK OF THE YOUNG CHILD

Loretta Michael, Executive Director of Children and Youth Partnership, invited the More at Four class from Manteo Elementary School to sing a song and then made a brief presentation about the work of the Children and Youth partnership.  She told about their new initiatives and provided a demonstration of their new website - www.DareKids.org – a resource for kids and families in Dare County.  Ms. Michael invited everyone to attend upcoming events celebrating the week of the young child.  Following the presentation, County Attorney Bobby Outten read the proclamation for Week of the Young Child and Commissioners approved it unanimously.  

 

ITEM 6 – PROCLAMATION – CHILD ABUSE PREVENTION MONTH 2008

Attorney Outten presented the proclamation declaring April as Child Abuse Prevention Month in Dare County and Commissioners approved it unanimously. 

 

ITEM 7 – INTRODUCTION OF SOIL & WATER CONSERVATION EMPLOYEE

Larry Bray, Chairman of Soil & Water Conservation, introduced Vonnie Wescott, Community Conservationist.  Mr. Bray said that Vonnie has hit the ground running and is constantly coming up with good ideas.  

 

ITEM 8 – FAMILY HOUSING INCENTIVE STANDARDS – PROPOSED AMENDMENT

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT ON THE FAMILY HOUSING INCENTIVE STANDARDS.

 

Attorney Bobby Outten informed the Board that the Family Housing Incentive Standards (FHIS) established regulations for the development and operation of workforce housing in unincorporated Dare County. These standards were adopted by the Board of Commissioners in 2004. In reviewing the FHIS standards, it was noted by the Affordable Housing Committee that a minimum residency qualification should be included in the definition of “eligible household”. This language, if adopted, would amend the eligible household definition to establish a minimum residency qualification of 2 consecutive years. Attorney Outten conducted the hearing and invited the public to speak.

 

No one came forward.  Commissioners voted that FHIS zoning regulations be amended to include a minimum residency qualification of 2 years as drafted and recommended by the Planning Board and stated that this text amendment is consistent with the policies for growth and development contained in the 2003 Dare County Land Use Plan or other officially adopted plans of Dare County that are applicable and in the public interest of Dare County in that it provides appropriate standards for workforce housing for the residents of Dare County.

 

ITEM 9 – R-2B TEXT AMENDMENT FOR RESIDENTIAL CHILD CARE HOMES

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVED INPUT REGARDING THE R-2B TEXT AMENDMENT FOR RESIDENTIAL CHILD CARE HOMES.

 

Attorney Bobby Outten informed the Board that staff was instructed to schedule a public hearing on a proposed text amendment to the R-2B zoning regulations that would add residential child care centers to the list of uses available in the R-2B district. This request has been submitted by Ms. Katie Cameron who currently operates a family child care home at her facility. Residential child care centers provide for the care of 6 or more pre-school aged children not to exceed a maximum of 12 preschool aged children or a maximum of 15 school aged children.   

 

Attorney Outten invited the public to speak.

 

Marjorie White of Currituck stated that she is employed by Children and Youth Partnership of Dare County and supports this text amendment and stressed the importance of high quality child care in our community. 

 

Commissioners voted that the R-2B zoning regulations be amended to include residential child care centers subject to authorization as Permit for Special Exception and find that this text amendment is consistent with the policies for growth and development contained in the 2003 Dare County 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 provides opportunities for the approval of child care facilities to serve the residents of Colington.

 

ITEM 10 – PRESENTATION OF ANNUAL COMMUNITY DEVELOPMENT CORPORATION (CDC) ACTIVITIES

Bob Muller, Chairman of the CDC, presented information about the Community Development Corporation.  See attached power point presentation that includes overview of projects, budget, and programs.

 

ITEM 11 – LEASE AGAREEMENT WITH NC STATE EMPLOYEES CREDIT UNION FOR ATM SITE

David Clawson, Finance Director, presented a lease with the NC State (& Local Government) Employees Credit Union to place a standalone ATM machine on the new Dare County Hatteras Island Office site. The Credit Union is responsible for all installation and operating costs and the County is providing the space at no fee. A specific location has been agreed upon by the Credit Union, the County, the architect and the Contractor. The lease is for three years with a three year extension option. The lease has been approved by the Finance Director and by the County Attorney. Commissioners approved the lease and authorized the Chairman to execute.

 

ITEM 12 – BUDGET AMENDMENTS FOR MEDICAID RELIEF LEGISLATION

David Clawson, Finance Director, informed the Board that the 2007 Session of the General Assembly passed House Bill 1473 which is being referred to across the State as the Medicaid Relief Bill. In the current fiscal year, the County pays 15% Medicaid costs from July 1, 2007 through September 30, 2007. Beginning October 1, 2007 the County pays 11.25% of Medicaid costs. The County loses the lesser of either 60% of the current year Medicaid expense savings or 60% of corporate taxes going into the Public School Capital Building Fund (AMD money). That same amount (60%) must be used to hold the ADM funds harmless. Budget amendments are necessary to make the adjustments and Commissioners adopted the required amendments as presented.

 

ITEM 13 – AUDIT CONTRACT FOR FISCAL YEAR 2008

David Clawson, Finance Director, presented the Audit Contract for Fiscal Year 2008. (See attached summary for details).  Commissioners authorized the Chairman and Chairman of the Audit Committee (Commissioner Shea) to execute the contract as presented.

 

ITEM 14 – PARTIAL REINSTATEMENT OF CAPITAL PROJECT ORDINANCE FOR OLD SOLID WASTE TRANSFER STATION

David Clawson, Finance Director, informed the Board that Public Works Department needs approximately $35,000 to $40,000 to complete removal of concrete and other site work at the Bowsertown Old Solid Waste Transfer Station site. At the last meeting the Board approved reducing the appropriation from $125,000 to zero, which should not have been requested. Commissioners adopted the amendment to the capital project ordinance as presented.

 

ITEM 14A – RESOLUTION DECLARING ENGLISH AS THE OFFICIAL LANGUAGE OF DARE COUNTY

Commissioner Shea stated that the intent of the resolution was to encourage all citizens to learn the English language.  All languages are important and will continue in this country, but important for all to communicate using the same language.  The resolution was not meant to be divisive.

 

Commissioner Dutton said he comes from a very diverse background.  He has helped many citizens in Dare County from other countries and he thinks that this offers an opportunity for all citizens to learn English.  He appreciates all the comments today.

 

Commissioner Johnson does not appreciate all of the comments, particularly the preacher who called the Board bullies just because they have differing opinions.  He thinks that as a representative, he has to do what’s right and he must defend our language and for people who come to this country to learn to speak the English language.  It is impossible to teach someone who does not speak your language.  He feels passing the resolution is a good thing for Dare County.  It will encourage immigration policy changes at the Federal level.  Wants to see the Board support being an American and obey the laws of this country. 

 

Commissioner Tillett – will not support the resolution as she feels that it is divisive.  

 

Vice Chairman Allen Burrus will not support this resolution.  It is difficult for him to see where anything is gained by this.  It is divisive any way you look at it.  It really penalizes those that are here legally and are trying hard to get things straight. 

 

Commissioner Max Dutton – reviewed locations where the English as a second language is taught each week. 

 

Chairman Warren Judge – is not in support of the resolution.  It will not set an example and lead the Federal government to take action regarding immigration reform. He has been a victim of language discrimination in Canada.

 

The County Attorney read the Proclamation and the Board adopted it with Commissioners Shea, Dutton, Richard Johnson, and Mike Johnson voting in support. 

 

ITEM 15 – UPDATE ON OREGON INLET BRIDGE

Vice Chairman Burrus reported that Lt. Gov. Bev Perdue stated that the state is up on it and is confident that things will move forward and that it is a top priority for her. 

 

ITEM 16 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

  1. U.S. Dept. of Justice – SCAAP Grant Revenue Transfer
  2. Interlocal Agreement for Debris Removal
  3. Public School Capital Building Funds Withdrawals
  4. Amendment to Administration Building Capital Project Ordinance for Meeting Space Addition
  5. Resolution Authorizing Removal of Certain Public Records Kept by the Register of Deeds for the Purpose of Repair, Restoration and Rebinding

 

ITEM 17 – BOARD APPOINTMENT

1.    HEALTH BOARD
Commissioners appointed Russell Poland (Designated Dare Restaurant Association) and reappointed Dr. Steven M. Samson (Designated Veterinarian Position) and Dr. Janet Riddick (Designated Optometrist) to serve three year terms on the Health Board.

 

ITEM 18 – COMMISSIONERS BUSINESS

Commissioner Max Dutton – expressed appreciation to employees receiving service pins and to the Employee of the Month Pam Simmons.  He also thanked Loretta Michael for all of her work with the Children and Youth Partnership.  It is an excellent program and it has come far.

 

He appreciates the generosity of the Fearing family with the gift of land. 

 

He also provided contact information for those interested in English as a second language classes – Danyele Graham at 255-2872  and Sister Rivera at 256-1624.  

 

Commissioner Virginia Tillett – glad to see that Fran is back and that employees are moved into the new Administration building.

 

The Board just passed a resolution regarding English as the official language of Dare County and she is concerned about how this will affect the County’s many services.  She feels this is not in the best interest of our children or the County, and will put more fear and hate in the County.

 

She has been asked over the past month about what will be done with the historic Courthouse.  She thinks the board should make it a museum or heritage center where all of Dare County can be represented.  She asked the Chairman to think about putting a committee together to decide how to best use the building so that it is maintained and used.

 

She has spoken with David Clawson about employees needing information about their life insurance, and whether or not they have it.  Retired employees think that they are carrying life insurance but she is not sure that they are.  This needs to be clarified for retired employees.

 

Last year, she asked for nominations for the Dare Day award.  It is time to do this for 2008.  She asked Board members to please submit names by the end of April.

 

The Parks and Recreation Advisory Committee is in the process of asking for feedback regarding the Kitty Hawk Park and potential uses. Meetings are scheduled for Tuesday, April 29 at 6 p.m. at Kitty Hawk Town Hall; and Wednesday, May 14 and Wednesday, May 28 at 7 p.m. at the Youth Center in Kill Devil Hills.   

 

The Powwow at Frisco Native American Museum is coming soon - put this on your calendar.

 

On Monday, April 21, the GEM Center will host a workshop and she encouraged everyone to attend.

 

She is working with the site coordinator for after school care in Manteo and resource people are needed to bring parents up to date on what they can do to keep the program operating.  Contact Ms. Tillett if you can volunteer one hour. 

 

She will be attending a meeting of the NC Black Elected Officials in Raleigh.  All commissioners are welcome to attend.  April 23 – 26 in Raleigh. 

 

A luncheon for Professional Administrators Day is being sponsored on April 23 at Duck Woods Country Club.  The theme is Strong Working Women and she will be serving as a panelist.  Call the Chamber of Commerce for reservations.

 

The Parks and Recreation Advisory Group will meet at the Fessenden Center on Wednesday, April 9.   

 

Older Adults Senior Summit – the planning group will meet later this month.  At their last meeting, the group narrowed down a short survey.  The updated version is more detailed.  They are still working on it and within the next two weeks, the revised survey will be sent out for feedback.

 

Outer Banks Senior Games – April 18 at 10 a.m. is the Opening Ceremony.  Please plan to attend.

 

Commissioner Richard Johnson – Information Technology staff did a great job moving phones and computers to the new Administration Building.

 

He would like the towns of Southern Shores, Duck and Kitty Hawk to change zoning to allow affordable housing.  Folks speaking about the English resolution can make a difference by encouraging their towns to get involved in the housing issue to really make a difference.

 

Vice Chairman Allen Burrus – Pam Simmons does a good job and he is glad that she is employee of the month

 

Thanked Skeeter for his help during the move to the new Administration Building.

 

Thanked Tim Spears for being at the hearing about Beach Driving on Friday in Raleigh.  He has been clear about how he stands on the issue.

 

He attended a meeting last Tuesday about commercial fishing.  It is difficult to be nice – he does not think the fishermen overstated the issues with Matt Curran.  He is afraid of the mentality that commercial fishermen are dealing with.  He has seen commercial fishermen being run off the beach in the past and Congressmen Walter Jones Sr. was there then to assist.  Environmental groups are not helping the fishermen to work through problems.  He would like to see the county start a fishery management committee and he is willing to get involved with making it happen.

 

Meeting with Lt. Gov. Bev Perdue on Saturday.  It was very good even though it rained.  He found her to be very cooperative and very informed about our local issues, and appreciated her candidness.

 

Beach driving – need to push the Park Service to look at some ways to access the beaches without vehicles so that there are alternatives if beaches are closed.   

Need to continue to work on this.  He is not giving up but wants to pursue all options.

 

English as second language – Hatteras needs classes offered on the island.

As it stands now, a person applying for US citizenship has to go all the way to Charlotte.  He suggested a resolution asking Federal government to make this available closer to our area. 

 

Thanked the Fearing family – he can relate to what it takes to be a caretaker as he filled this role for a friend while he was in college.  It takes a special person to do this on a long term basis.  He found out that it is difficult.  He appreciates the gift from the family in remembrance of their sister and daughter.

 

Commissioner Jack Shea – would like to add his voice to compliment employees receiving service pins and also the employee of the month.

 

He is glad to see families moving into the affordable housing.

 

Thanks to Fearing family for their generous donation.

 

He said that the purpose the resolution regarding English as the official language of Dare County is to encourage and assist our immigrants to more easily integrate into our community.

 

Chairman Warren Judge – asked the Board to think of ideas for the old Courthouse and for the buildings that formerly housed the administrative offices.  Through grants, the county funds several non profits that could potentially utilize space.  This might be a good use.  The old courthouse – Warren and Richard met with Ms. Woody who serves on the Manteo Planning Board and she has concerns about the use of the old Courthouse.  The County has done exterior work.  There was discussion about the Town or Manteo Preservation group having access grants to accomplish additional exterior work.  The interior still needs some work and Building and Grounds may be able to spruce it up for office space.  Keep all ideas in mind and come up with other ideas and a one hour workshop will be planned to discuss this.

 

Update on the process to work with national Park Service and Coast Guard to acquire the base in Buxton -  He knows that the ORV issues is keeping the staff at NPS extremely busy. Once the environmental assessment is completed for the facility, he hopes to look at a way to convey the base to county.  Housing is still up in the air due to GAO still trying to place it on the open market.

 

He thanked all who attended the rally in Buxton and the one in KDH at FFHS for beach driving.  He appreciates hundreds of people who showed up to express concern for the issue.  So many people are involved in trying to make this work.  Thanks to all including Tim Spear and Senator Basnight.  He has written a letter – it has also been mailed.  When people ask what to do to help, they can contact all elected leaders to express concerns.  This is an attack on access and heritage.  This will alter so much of who we are and what we are.

 

The commercial fishing issue – we have to keep the pressure up with our state elected leaders.  The Lt. Gov. was in the area on Saturday and she was told that we need a Governor who will go to bat for local issues at the national level.  NC is projected to be 7th largest state in the Country and we deserve better from Federal government.

 

UNC Hospitals Cancer Initiative – representatives will attend next meeting to provide an update. 

 

Educational component of the substance abuse initiative is going well – still working to find a facility for intensive outpatient services and detox.

 

ATTORNEY – no business

 

MANAGER – The Board authorized the new Administration Building project a long time ago and it was then turned over to Finance Director David Clawson – He has done an excellent job overseeing construction on a day to day basis.  He also thanked the Board of Commissioners that were involved in the building.  It (the project) has been on the table for over 30 years.  It has taken a long time.  On behalf of all employees, he offered thanks for finally getting it done.

 

ITEM 19 – UPCOMING BOARD APPOINTMENT FOR MAY

The upcoming board appointment for May is the Dare County Board of Adjustment.

 

ITEM 20 – CLOSED SESSION

The Board voted to go into closed session to preserve the attorney client privilege in the case of Defenders of Wildlife and National Audubon Society vs. the National Park Service.  The County Attorney reported that the Board took no other action in the closed session.

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