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 July 21, 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 Edward Lee Mann to offer prayer followed by the pledge of allegiance to the flag.

The Board voted to add a closed session to the agenda as Item 25.

The Chairman announced that the issue regarding hunting dogs and trapping will be placed on the Board’s second meeting in September since representatives from NC Wildlife Commission were unable to attend this meeting.   

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

1. Laverna Brooks, Utility Billing Specialist, received her 10 Year Pin from Beulah Ashby, Customer Service Supervisor.
2. Robert Swain, Emergency Medical Technical Captain, received his 20 Year Pin from Skeeter Sawyer, EMS Director.
3. Debbie Remaley, Telecommunicator Shift Supervisor, received her 25 Year Pin from Rodney Midgett, Sheriff.

ITEM 2 – EMPLOYEE OF THE MONTH

John Daniels, Superintendent of Parks for Dare County Parks & Recreation, received the Employee of the Month Certificate from Tim White, Parks & Recreation Director. 

ITEM 3 – PUBLIC COMMENTS

Punk Daniels thanked Commissioners for all that they do, individually and collectively, for Dare County.  He came representing the 4-H Development Fund, specifically the conference center in Tyrrell County.  Dare County was one of the counties that stepped forward and assisted with funding for the facility.  Many students from all over North Carolina are enjoying the facility this summer.  Mr. Daniels presented a box inscribed with a thank you to Dare County. 

Joanne Adams spoke about the Sea Tree Subdivision.  See attached comments. 

Julie Imeson of Manteo also spoke about Sea Tree Subdivision.  See attached comments.   

Tom Imeson of Manteo said the Commission has declared the road unsafe because it will adversely effect the health and welfare of the community.  He asked the Board to exercise eminent domain to mitigate the mess.   

ITEM 4 – ROANOKE ISLAND SENIOR CENTER DESIGN

County Manager Terry Wheeler introduced architects for the Roanoke Island Senior Center --  Tim Oakley and Ann Collier -- who presented the design to the Board. This design is the result of six meetings over eight months with the Capital Improvements Committee.  See attached plan.  David Clawson informed the Board that he recommends construction management at risk.  The county would issue a proposal for qualifications to select the contractor to work with.  The project is then bid out after dividing the project into various segments for pricing. 

Commissioners approved the design, authorized the construction management at risk process and approved bids to be let. 

Commissioner Virginia Tillett thanked the Advisory Committee for their work during this process.   

ITEM 5 – PUBLIC HEARING – DARE COUNTY PUBLIC WORKS C & D LANDFILL CELL # 4

AT 5:30 P.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT ON THE PUBLIC WORKS C & D LANDFILL CELL # 4.

The proposed facility expansion increases the C&D Landfill capacity by infilling between existing and proposed landfill phases, which will effectively increase the life of the facility. This modification does not authorize lateral expansion beyond the original landfill perimeter, infringe on existing property boundary buffers, change the tonnage rate, or the characteristics of the waste stream.

Attorney Outten conducted the hearing and invited the public to speak. No one came forward to speak.

No specific action was required. 

ITEM 6 – PUBLIC HEARING - PROPOSED RURAL OPERATING ASSISTANCE PROGRAM (ROAP)

AT 5:30 P.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT ON THE RURAL OPERATING ASSISTANCE PROGRAM (ROAP).

Attorney Bobby Outten informed the Board that the ROAP application consolidates the Elderly & Disabled Transportation Assistance Program (EDTAP), the Employment Transportation Assistance Program (EMP) and the Rural General Public (RGP) into one application. Dare County is applying for funds in the amount of $97,709 and supplemental funds in the amount of $53,899. The EDTAP and RGP funds will be allocated to the Dare County Transportation System, Older Adult Services. The EMP funds will be allocated to the Department of Social Services. The county’s match for the RGP funds is ten percent and is included in the FY09 budget. The funds will be used for the transportation operating expenses of drivers’ hourly wages, fuel, and maintenance.

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

No one came forward to speak.

Commissioners approved the grant application. 

ITEM 7 – RESOLUTION REQUESTING ACCESS TO SPINY DOGFISH FISHERY

Commissioner Mike Johnson presented a resolution presented by the Dare County Working Watermen Commission requesting the Governor and DENR to act on behalf of Dare County and North Carolina commercial fishermen to restore access to the Spiny Dogfish fishery in North Carolina. Dewey Hemilright provided an overview of the NC Spiny Dogfish Regulations and Commercial Landings (see attached).  Attorney Outten then read the attached resolution which was adopted by the Board of Commissioners as presented.   

ITEM 8 – RESOLUTION SUPPORTING HR 6223 AND S 3113

Chairman Judge informed the Board that the proposed resolution is supporting HR 6223 and S 3113 asking Congress to reinstate the Interim Management Strategy at the Cape Hatteras National Seashore until the National Park Service issues a long term ORV management plan. Commissioners adopted the Resolution as presented.   

ITEM 9- BOWSERTOWN AFFORDABLE HOUSING PROJECT

Bob Muller of the Community Development Corporation presented the attached information regarding the project.   

Mark Kasten of Cahoon and Kasten presented the attached site plan and floor plans. 

David Clawson, Finance Director, reported that on May 19, 2008, the Board adopted a capital project ordinance for the Bowsertown Affordable Housing Project in the amount of $146,767,570 which was for the architectural contract with $5,197 for other costs. The CDC estimates that the total other costs to be incurred to the start of phase I will be $30,500. This amendment increases the budget for other item from $6,197 to $30,500 (an increase of $24,303). Other items include wetlands delineation, permit management and permit fees, soil testing and borings, and land clearing.

Commissioners adopted the amendment to the capital project ordinance as presented. 

ITEM 10 - STUMPY POINT WATER AND SEWER BID AWARD

Commissioner moved to recess the Board of Commissioners meeting and convene the Stumpy Point Water and Sewer District.

David Clawson, Finance Director, presented a resolution awarding the bids for the Stumpy Point Sewer project.

Commissioners approved the Resolution of Awards of Bids for the Sanitary Sewer Improvements by Stumpy Point Water and Sewer District.

Commissioners then voted to recess the Stumpy Water and Sewer District and reconvene the Board of Commissioners meeting. 

ITEM 11 – STUMPY POINT SEWER BUDGET

David Clawson, Finance Director, presented the necessary budget actions for the Stumpy Point Sewer Project for the award of the bids per the prior agenda item. The sources are the two additional grants from the Rural Center, the additional grant from the Clean Water Management Trust Fund and $412,252 of the $500,000 reserved in the Capital Improvements Plan.

Commissioners adopted the amendment to the capital project ordinance and adopted the budget amendment for the Capital Reserve Fund. 

ITEM 12 – STREET STANDARDS – REPORT FROM AD HOC COMMITTEE

Donna Creef, Senior Planner, presented the attached revisions to the Subdivision Ordinance to incorporate street standards for smaller developments.

Discussion regarding these standards will be held at a future meeting and a public hearing will be scheduled.   

ITEM 13 – BONNER SUBDIVISION PRELIMINARY PLAT – FACT SHEET

Ryan W. Simons, Planner, presented a proposal to redivide Part 1 of the Basnight & Bonner Division into 3 parcels, outside of Manteo on Roanoke Island. See attached factsheet for further information.

Commissioners voted to approve the Bonner Subdivision Preliminary Plat as presented. 

ITEM 14 – SEATREE SUBDIVISION

Bobby Outten, County Attorney, reminded the Board that in August of 2006 the Board denied subdivision approval for the Seatree Subdivision based upon safety concerns with the entrance road. The Seatree owners filed suit asking a Superior Court judge to reverse the Board’s decision. After a hearing in April 2008, the Court finally issued an order in June, ordering the Board to approve the Seatree Subdivision. A copy of the order is attached. Mr. Outten provided information to the Board to address some of the concerns expressed during public comments and told the Board that at this point they must approve the subdivision (following the court order). 

Commissioners approved the preliminary subdivision plat and street standard exemption applications for Seatree LLC as submitted to the Board of Commissioners at their meeting on August 6, 2007. 

ITEM 15 – DARE COUNTY DEPT. OF PUBLIC HEALTH - SUBSTANCE ABUSE DEMONSTRATION PROJECT UPDATE

Anne Thomas, Health Director, introduced Sheila Davies who provided an update on the Substance Abuse Demonstration Project, including current outpatient treatment services being offered, the 24-hour Helpline, and future services.

See attached presentation.   

ITEM 16 – CAPITAL IMPROVEMENTS PLAN BUDGETS

David Clawson, Finance Director, reminded the Board that they adopted the 2009-2013 Capital Improvements Plan on June 16, 2008. The attached budget amendment for the Capital Reserve Fund, Capital Project Ordinance for the Capital Projects Fund, and Capital Project Ordinance for the School Capital Projects Fund establishes the budgets for the projects in fiscal year 2009.

Commissioners adopted the budget amendment for the Capital Reserve Fund, the capital project ordinance for the Capital Projects Fund and the capital project ordinance for the School Capital Projects Fund as presented.  

ITEM 17 – REIMBURSEMENT RESOLUTION FOR FISCAL YEAR 2008-09 VEHICLE & EQUIPMENT FINANCING

David Clawson, Finance Director, informed the Board that the 2008-09 budget contains $1,531,902 of vehicles and equipment to be financed. Adoption of the resolution will allow the County to be reimbursed from the proceeds of the financing for those items that need to be purchased prior to the placement of the financing.

Commissioners adopted the Reimbursement Resolution for Fiscal Year 2008-09 vehicle and equipment financing. 

ITEM 18 – HATTERAS BUILDING BUDGET AMENDMENT

David Clawson, Finance Director, informed the Board that the Hatteras Office completion has been delayed by various contractor and site work issues. (See attached for detail). A review of completed but not yet closed capital projects has determined that $47,848 is available from those projects. Given the history of the Hatteras project to date, it is recommended that the entire $47,848 be moved to the Hatteras project budget which will leave $12,899 in the contingency line item. 

Commissioners adopted the amendments to the capital project ordinances as presented.   

ITEM 19 – DESIGNATION OF VOTING DELEGATE TO NCACC ANNUAL CONFERENCE

Commissioners voted to designate Commissioner Virginia Tillett as the voting delegate to NCACC Annual Conference in New Bern, NC. 

ITEM 20 – UPDATE ON OREGON INLET BRIDGE

Vice Chairman Burrus reported that according to DOT representative Stan White the final EIS will be complete in August, the bids will be let in October and the record of decision will be given in November.  

There is not adequate federal funding in the proposed budget for dredging Oregon Inlet; however, the interim budget includes $8 million and that appears to be the budget that will be used.     

ITEM 21 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1.    Approval of Minutes

2.    Agreement for the Protection, Development and Improvement of Forest Land in Dare County

3.    Interlocal Agreement with KDH to Pick Up Recyclables

4.    Transportation Advisory Board – By Laws

5.    Dare County Department of Public Health Community Health Grant

6.    Dare County Department of Public Health Breast and Cervical Cancer Control Program

7.    Annual Report – Community Child Protection Team

8.    Baum Center Budget Amendment – Congregate Nutrition

ITEM 22 – BOARD APPOINTMENTS

1.    DARE COUNTY TRANSPORTATION ADVISORY BOARD

Commissioners appointed Maria Heifferon to serve a four year term on the DCTAB.

2.    GAME AND WILDLIFE COMMISSION

Commissioners reappointed Bryan Perry, Sonny Briggs, and George Henderson to serve a three year term on the Game & Wildlife Commission.

Buddy Shelton was appointed to serve a three year term on the Game & Wildlife Commission.

3.    LIBRARY BOARD – DARE

Commissioners appointed Fletcher Willey, Karen Bachman and Joyce Bornfriend to serve a three year term on the Library Board – Dare. 

4.   LIBRARY BOARD – REGIONAL

Commissioners reappointed Amy Huggins to serve on the Library Board – Dare.

5.   PARKS AND RECREATION ADVISORY COUNCIL

Commissioners reappointed Ed Futrell, Jimmy Brown, Kathy Winstead and Ralph Horne to serve a three year term on the Parks & Recreation Advisory Council.   

6.  WANCHESE COMMUNITY CENTER BOARD

Commissioners reappointed Joyce T. Meekins and Robert L. Walton to serve a two year term on the Wanchese Community Center Board. 

ITEM 23 – COMMISSIONERS’ BUSINESS

Commissioner Max Dutton – congratulations to employees receiving service pins and to Employee of the Month John Daniels.

Congratulations to the newly elected Board of Education members who were sworn in at their recent meeting. 

The CDC has worked hard to move the Bowsertown Affordable Housing project and have done an excellent job.

He is very excited about the new Roanoke Island Senior Center. 

Commission Virginia Tillett – Thanked the CIP and Commissioners for their work on the Roanoke Island Center.  The Advisory Committee would like to continue their work to ensure that the interior design and marketing of the center are on track. 

The State of Older Adults Summit Committee has met.  Punk Daniels and Lucille DeGraff will serve as co chairs.  Linda Hester will also be a leader.  March 2009 is the target date.  Punk, Lucille or Linda will chair meetings in the future.

Dare Day was very successful. Thanks to Melva Garrison and her staff for their efforts.  The report will be e-mailed to all Board members.  Rev. David Daniels was recognized as citizen of the year.

She recently attended her first meeting with the Dare County Library Board.  The East Albemarle Regional Library terms are four years and Dare’s Library Board terms are three years.  They would like to get them on the same cycle.  Mike Hogan is chair and Fletcher Willey is Vice Chair.

Thanks to Terry Wheeler for writing a letter to Social Security Office requesting an office in Dare County.  She asked him to write again and ask them to set up hours here once or twice a month even though they cannot provide an office.

NCACC County Lines did a write up about former Board chairman Tommy Gray.  It was a very nice article.

Two children died in an abandoned car last month and the attorney has been asked to look into an ordinance to address abandoned cars.

She spoke with the Attorney about the boat ramp at the end of Sir Walter Raleigh.  Is there something that can be done to acquire property along the canal?  The attorney reported that Jenny Gray has run title on adjoining properties and there is no public land there except at the tip where the Bowsertown landfill is.  Along the canal where there are boat docks there is not any public land. This means that funding cannot be used for this project since no help is available for private property. 

Commissioner Richard Johnson –Thanked the Board for their support of the affordable housing project. 

Vice Chairman Allen Burrus – Thanked Sandy Sanderson and team for info regarding tropical storm. He is glad that no one panicked. 

Cancer navigator spent some time on Hatteras Island recently and was well received.

Substance abuse program is up and running and going well.

Hearing in Washington DC is scheduled for July 30 for several bills including the bill to reinstate the interim management plan for the Cape Hatteras National Seashore.

Last planning board meeting – there were some tough issues that had to be addressed.  He knows that we have to adhere to laws and regulations but some things don’t seem right. 

Read a poem entitled Keep Me Afloat written by Dale Farrow who had an incident coming in the inlet.    

Commissioner Jack Shea – expressed appreciation to employees receiving service pins and to the employee of the month.

Attended RPO meeting and Board of Ed meeting with Max Dutton.  Congratulations to members who were sworn in. 

Glad to see projects moving forward.

Commissioner Mike Johnson – thanks to the Board for supporting resolution for fishermen earlier today.  He will be calling on the Board to support the fishermen since it does not seem that state leaders are supporting them.  They are not looking for handouts, but want to go back to work.

Dole is sponsoring bill that dictates amount of runoff that vessels may have in navigable waters.  Need to keep an eye on this.

Met a man who may be able to help with boat ramp project at Sir Walter Raleigh Street and he will follow up on this.

Chairman Warren Judge – negotiated rulemaking meetings in June – no progress was made.  Decisions have to be unanimous. 

Cancer initiative is going well.  County is sponsoring lunch and learn sessions with cancer doctors.  These are excellent physicians.  This Friday’s clinic is about kidney cancer. 

MANAGER’S BUSINESS – Finance Director David Clawson presented information regarding financing arragements for airport hangars for Airport Authority so they will receive a lower rate than doing it on their own.  The Board adopted the attached reimbursement resolution so that the County can be reimbursed for capital expenditures related to the project.  

ITEM 24 – UPCOMING BOARD APPOINTMENT FOR AUGUST – A.B.C. BOARD

ITEM 25 – CLOSED SESSION TO DISCUSS A PERSONNEL MATTER

The Board went into closed session to discuss a personnel matter.  The Attorney reported that the Board discussed a personnel matter and took no further action. 

Site Index | Homeland Security | Privacy Statement | Accessibility