BOC Summary 051908

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 5:00 p.m. on May 19, 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 – PUBLIC COMMENTS

Gary Gross of Dare County EMS invited Commissioners to attend the Open House and Expo at the new Dare County Administration Building on Friday, May 30 from 2 p.m. to 6 p.m. with the theme of “Protecting Our Children.” Refreshments will be available from 4 to 6 p.m. and the official ribbon cutting is scheduled for 5 p.m. Many county departments will have exhibits set up and guests will have the opportunity to tour the new facility.

Jim Perry of the Dare Education Foundation spoke about teacher housing that will be available with assistance from the State Employees Credit Union. He hopes the Board of Commissioners will assist with funding for this project next year. They will have ten years to pay the loan and there will be a shortfall every year to keep the rents low. He hopes that the Board will also support amendments to relieve this project from taxation.

ITEM 2 – CITIZENS ACTION COMMITTEE TO REPLACE THE BONNER BRIDGE

Beth Midgett, Chairman of Citizens Action Committee to Replace the Bonner Bridge, introduced Lisa Duke, Civics Teacher at First Flight High School, whose students produced a video about the Bonner Bridge in an effort to lobby for its replacement. Ms. Duke and some of her students provided an overview of the project. Giancarlo Bauzilli, a senior at First Flight High School, spoke about how he assisted with the video as his senior project. Students Seth Perry and Sam Whitley expressed their thoughts about the importance of the Bonner Bridge to this area.

ITEM 3 – FOOD FOR THOUGHT PRESENTATION

Helen Ford and Ed Hazlett gave a presentation on the Food for Thought Program. Mr. Hazlett introduced Board members in attendance. He told about the successful year that the program has had. The program started in January 2006 with a pilot program at Manteo Elementary School. Currently the program serves students at all five elementary schools and the Head Start program. 360 young people are now being served by the program. Next year, they expect to serve close to 450.

The program is feeling the burden of increased food costs. Many companies are not donating food any longer to the food bank so the supply has dried up and they have to purchase food on the open market. Food Lion has stepped forward to offer their brands at discounted prices. Helen Ford told about the finances for the program.

Donations have declined from local businesses by 57% this year. Grant money has been received from two different organizations and Dare County has provided funding and operational space.

ITEM 4 – CREATION OF BOAT TRANSPORT CORRIDORS

Robin Mann on behalf of the Dare County Marine Industry Association presented a resolution creating Boat Transport Corridors to assist in transporting boats from various building and repair locations to Wanchese. The marine industry has grown and moving boats to Wanchese for finishing and launching has become costly. Following the presentation, Commissioners voted to adopt the attached Resolution Designating Certain Roadways in Dare County as Boat Transport Corridors.

ITEM 5 – BOWSERTOWN AFFORDABLE HOUSING PROJECT

David Clawson, Finance Director, explained to the Board an architectural contract for the Bowsertown Affordable Housing Project. In order to execute the contract (Item 6), a capital project ordinance must be in place. The question is how to proceed with the project and what level of a capital project ordinance (budget) to establish. The issue needs to flow through the CIPC and the BOC discussing whether the project will be completed all at once or in phases and the fact that if sales and rentals do not cover the resulting debt service, the County will have to do so. The Board voted to establish a project ordinance for only the architectural contract and other costs already incurred for the project and refer the project to the CIPC to address other issues. Bob Mueller of the Community Development Corporation encouraged the Board to move forward with the project as quickly as possible to get families in the homes.

ITEM 6 – BOWSERTOWN AFFORDABLE HOUSING ARCHITECT CONTRACT

Attorney Bobby Outten presented a request for approval of the architect’s contract for the Bowsertown Affordable Housing development. Commissioners approved it as presented.

ITEM 7 – RESOLUTION – SHIFT OF SECONDARY ROADS FUNDING TO COUNTIES

Attorney Bobby Outten presented the attached resolution opposing a diversion of secondary road funding into the primary road fund and opposing the shifting of secondary road funding from the State to counties. Commissioners adopted the Resolution as presented.

ITEM 8 – DARE COUNTY COMMISSION FOR WORKING WATERMEN

As previously requested by Vice Chairman Allen Burrus, Commissioner Mike Johnson presented a request to create a commission to advise the Dare County Board of Commissioners regarding actions that can be taken from time to time to protect the interests of the working watermen and our coastal fishery resources.

Commissioners voted to approve the creation of the Dare County Commission for Working Watermen. The following appointments were made: Commissioner Mike Johnson as Commission representative and Chairman (1 year term); Kelly Schoolcraft, Jamie Reibel, and Mickey Daniels for three year terms; and Dewey Hemlright and Phil Ray Haywood for two year terms. One two-year seat remains open.

ITEM 9 – CHANGE TO TRAPPING REGULATION

Attorney Bobby Outten informed the Board that Commissioner Mike Johnson has advised that Section 91.006(A) of the Dare County Code prohibits trapping during certain months of the year. This provision, however, conflicts with the provisions of the trapping regulations as set annually by the North Carolina Wildlife Commission. To resolve this conflict, Commissioner Johnson has requested that the provisions of Section 91.006(A) of the Dare County Code be deleted and in place add the following:

91.006 Trapping

(A) It is unlawful to take by trapping any game or furbearing animal except as provided by the rules and regulations of the North Carolina Wildlife Resources Commission.

Commissioners approved the modification to trapping regulations as requested.

ITEM 10 – BUDGET AMENDMENT FOR ORV LEGAL ISSUES

David Clawson, Finance Director, presented a request for additional appropriation for legal fees related to the ORV lawsuit. Sources are two items that would have been otherwise carried over for future use: $5,000 for Old Administration Building and $117,647 for stormwater projects. Also used funding for lapsed salaries from the Sheriff’s Department. Commissioners voted to approve the budget amendment as requested.

ITEM 11 – AMENDMENT TO CAPITAL PROJECT ORDINANCE FOR GLASS CRUSHER AND FESSENDEN CENTER LIGHTS

David Clawson, Finance Director, informed the Board that the amendment to the capital project ordinance for the Solid Waste Transfer Station establishes a budget for the purchase of the glass crusher for Recycling and for the replacement of the tennis court lights at the Fessenden Center. The sources of funds area Tourism Board grant for 50% of the glass crusher and remaining SWTS funds (under budget). The Fessenden Center lights were a FY 2009 budget request (not included in Manager’s 2009 budget) and are currently not functional. Commissioners voted to adopt the amendment to the capital project ordinance.

ITEM 12 – FEMA NOTICE OF FLOOD INSURANCE RATE INCREASE

Attorney Bobby Outten informed the Board that FEMA has advised Dare County that flood insurance rates to Dare County will be increased as of May, 2008 because the NC Building Code Council adopted State amendments which diminished wind protection standards of the International Building and Residential Codes. FEMA letter is attached. Duke Geraghty and Willo Kelly spoke about the issue and explained that most damage in our area has been from flooding, not wind borne debris. Mr. Geraghty has served on a state committee that determined the cost of implementing the standards would far outweigh the benefits. He said that this will mean a $20 increase per year for those in unincorporated Dare County.

ITEM 13 – AMENDMENT TO S.L. 2004-16 re: TEACHER AFFORDABLE HOUSING

Attorney Bobby Outten presented a request from the Dare Education Foundation to adopt a resolution supporting legislation to clarify Session Law 2004-15 to allow the Dare County Board of Education to enter into agreements to construct, provide, maintain and/or lease affordable teacher housing. Commissioners adopted the attached Resolution Supporting Clarifications to Section 1 of Session Law 2004-16 authorizing the BOE to provide affordable housing for teachers in Dare County.

ITEM 14 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval of Minutes

2. Annual Participation Agreements for NCACC Insurance Pools

3. N.C. Department of Insurance Grant – Shiip Grant

4. Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies

5. Hurricane/Disaster Debris Removal Professional Services Contract

ITEM 15 – BOARD APPOINTMENT – A.B.C. BOARD

Commissioners appointed Ray White to fill the unexpired term of Guy Midgett on the A.B.C. Board.

ITEM 16 – COMMISSIONERS’ BUSINESS

Vice Chairman Allen Burrus – wished Virginia Tillett a happy birthday.

The Food For Thought program is dear to his heart and he appreciates all that they have done to help the children in our area.

Thanked the students that worked on the Bonner Bridge video.

Received report from Senator Basnight’s office that bridge is moving forward and the record of decision is expected in late summer.

Thanked all who have worked for this country and risked their lives serving in the military.

Commissioner Jack Shea – Food For Thought program makes Dare County a better place to live and work. Thanks to the many volunteers.

Accolades to the students that worked on the Bonner Bridge video.

Commissioner Max Dutton – outstanding that Food For Thought is feeding so many students on weekends. Great work!

The Bonner Bridge video – these are talented students.

Attended the recent Board of Education meeting and the talent in our county is overwhelming. Many awards for students involved with Odyssey of the Mind.

Commissioner Virginia Tillett – happy birthday to Commissioner Burrus.

Older Adult Services is trying to find out whether Board of Commissioners will contact Social Security Office to request a local office. The County Manager will follow up on this.

Commissioners Allen Burrus and Mike Johnson have done an excellent job creating the Working Watermen Committee. She inquired about work that needs to be done at a ramp near Sir Walter Raleigh Street in Manteo. Commissioner Mike Johnson will follow up on this.

Resolution regarding former DOT rest area on Roanoke Island. Has there been any word from the state?There is an FCC restriction on the property currently. Federal government would have to release it. A particular project would have to be identified before requesting the release from the federal government. There would be a land swap involved if this is pursued. Plan is needed to move forward. This site was a potential site for a water tower on the north end. No commitment from DOT at this time.

Commissioner Richard Johnson – Wants to know about the Stumpy Point Wastewater System. The Attorney reported that a meeting today was held. Bids came in over budget and staff is working to try to find ways to bridge the budget gap. Hope to receive additional funds from the the Clean Water Trust. On hold until we know if this funding will be made available. Current bids expire June 10 and the county will request an extension to allow time to hear from Clean Water Board.

Thanked the Board for putting him on the COA Board. He has had to disclose all of his financial information for all family members and this may affect service on Boards in the future.

Chairman Warren Judge – Attended the EMS banquet last week and was impressed with the service of these employees. Richard Lewis of Communications received an award for assisting a caller who performed CPR and saved a family member’s life.

Shared his thoughts on the recent Negotiated Rulemaking Committee meeting and the beach driving issues. Asked County Staff to look into ways to monitor the monitors – employ outside qualified people with knowledge and science. He also suggested creating an ongoing legal fee item to address the issue. Critical Habitat Designation has just been released by US Fish and Wildlife and he does not believe that it is going to be favorable for the County.

Attorney’s Business – Presented the lease agreement for Suite C in building in Nags Head for Phase One of the Substance Abuse program. Lease is with Billy Roughton. Board approved the lease as presented.

Presented the attached Resolution Supporting Senate Bill 599 for Inlet Stabilization Pilot Program. Board approved this resolution as presented.

Public Hearing for Manns Harbor Marina Project will be held on June 2. Board approved scheduling it for 10 a.m.

Board approved public hearing for July 21 2006 at 5:30 p.m. for & D Landfill Cell 4.

Manager’s Business – The Mac Midgett Water Plant received the best tasting water in North Carolina award at a recent conference.