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 August 4, 2008 in the Dare County Administrative Annex in Manteo. Commissioners present were: Warren Judge, Allen Burrus, Mike Johnson, Max Dutton, Jack Shea, and Richard Johnson. Commissioner Virginia Tillett was excused as she was in Fayetteville presenting a program about black history.  County Manager Terry Wheeler and County Attorney Bobby Outten were present. Chairman Judge called the meeting to order. He called on Ray Sturza to offer prayer followed by the pledge of allegiance to the flag. 

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

1. Karen Stanberry, Income Maintenance Caseworker with Social Services, received her 10 Year Pin from Pat Jump, Family Services Supervisor.
2. Ronnie Twyne, Fleet Maintenance Mechanic II with Public Works, received his 20 Year Pin from Edward Lee Mann, Public Works Director.
3. Kenny Roughton, Building & Grounds Supervisor with Public Works, received his 25 Year Pin from Edward Lee Mann, Public Works Director. 

ITEM 2 – EMPLOYEE OF THE MONTH

Nancy Huff, Children’s Services Supervisor, received the Employee of the Month Certificate from Jay Burrus, Social Services Director. Nancy supervises the Foster Care program, and she knows the foster care issues and court procedures well.  Under her leadership, there has been a decrease in foster care cases because of her use of innovative techniques.  Nance is very active with Dare CASA and she is a great public servant, very concerned about child welfare.   

ITEM 3 – PUBLIC COMMENTS

Willo Kelly came forward representing the Outer Banks Homebuilders Association and the Outer Banks Association of Realtors to speak about the street standards that are proposed for smaller subdivisions.  Ms. Kelly pointed out that there is a proposed limit to the number of bedrooms and she would like the Board to reconsider this and give thought to why this limitation is included.   

ITEM 4 – STREET STANDARDS – PROPOSED AMENDMENTS

Donna Creef, Senior Planner, informed the Board that on July 21, 2008, the Board was presented with a set of revisions from the Street Committee that proposed the creation of standards for minor subdivisions. The revisions have been drafted to address the Board’s concerns about the 45’ right-of-way standard being too cumbersome for smaller divisions intended for year-round neighborhoods or divisions of family-owned property.

One change made in June was to the group housing standards and this would affect the Bowsertown Workforce Housing Project.  See attached memo regarding this issue and proposed language to address this issue and avoid conflicts.    

Ms. Creef said that the limitation on bedrooms was included to encourage less traffic on these smaller roads and allow access for emergency vehicles to provide necessary services. 

The County Attorney will add notice to the certification stating that the county has no responsibility to maintain roads. 

Commissioners voted to schedule a public hearing on the draft revisions to the Dare County Subdivision Ordinance (including the amendment pertaining to group housing standards as noted in memo above) on September 2, 2008 at 10:00 a.m. 

ITEM 5 – JARVIS WILLIAMS CONDITIONAL USE PERMIT FOR SELF-SERVICE FUEL FACILITY

Donna Creef, Senior Planner, presented a request for a conditional use permit for a self-service fuel facility. The property is located at the intersection of NC 12 and Buxton Back Road in Buxton, NC. The site is zoned C-3. The Planning Board voted unanimously on July 14 to recommend approval.

Commissioners voted to approve the CUP and site plan for the Jarvis Williams Property. 

ITEM 6 – NCDOT FERRY DIVISION CUP AMENDMENT – FACT SHEET

Ryan Simons, Planner, presented an application to amend CUP #5-2003 to allow an additional dormitory structure located in Hatteras.  See attached fact sheet. 

Commissioners approved the CUP as recommended by the Planning Board for the NCDOT Ferry Division to construct an additional dormitory at their property in Hatteras. 

ITEM 7 – WORK FIRST BIENNIAL COUNTY PLANNING: STANDARD OR ELECTING AND COMMITTEE APPOINTMENTS

Jay Burrus, Social Services Director, informed the Board that the North Carolina General Assembly, in the 1997 session, passed legislation implementing welfare reform in North Carolina. This legislation replaced North Carolina’s Aid to families with Dependent Children (AFDC) program with the Work First program. Dare County has requested to be a Standard program in the first four rounds of Work First planning and staff recommends that they continue. He presented appointments of the Planning Committee for Board approval.

Commissioners voted to request to operate a Standard program and to appoint the following to serve on the Planning Committee: 

ITEM 8 – REAPPOINTMENT OF ASSESSOR AND TAX COLLECTOR

Pursuant to G.S. 105-349, the County Attorney recommended that the Board reappoint Greta Skeen to the office of Dare County Assessor and Michelle Evans to the office of Dare County Tax Collector, both appointments for terms of four years expiring July 2012.  Ms. Evans and Ms. Skeen each took the oath of office administered by Fran Harris, Clerk to the Board. 

ITEM 9 – ANNUAL SETTLEMENT AND CHARGES TO THE TAX COLLECTOR

Michelle Evans, Tax Collector reported to the Board of Commissioners the unpaid taxes and made settlement for the 2007 taxes. The total real estate and personal levy for 2007 was $48,850,380.43. This total includes all real estate, boats, rental personal property, and business personal. It also includes properties in bankruptcy, property with unknown owners and property in conflict. The total collected by June 30, 2008 was $43,498,853.74 giving a collection rate of 99.19% on real estate and personal property taxes. Following the presentation, Commissioners voted to charge the Tax Collector to collect 2008 taxes. 

ITEM 10 – STUMPY POINT WATER & SEWER OUTSTANDING DECISIONS

Commissioners voted to recess the Board of Commissioners meeting and convene the Stumpy Point Water & Sewer District.

Attorney Outten presented the attached summary of six issues that need to be decided by the Stumpy Point Water and Sewer District Board.  Outten presented each item and Commissioners voted to formally approve each policy. 

All improved properties will be hooked onto the system to make it financially feasible. 

All improved properties will be allocated treatment based on the number of bedrooms they now have.  Unimproved properties will be allocated sewage treatment for no more than four bedrooms. 

The County will pay the cost of running the sewer line from the existing house to the new tank being installed and for crushing and filling of existing septic tank.   

When undeveloped lots are built upon, the developer of the lot will pay the costs of the tank, its installation and connection.

Parcels divided by Bay Drive are being treated as two lots if both lots are large enough to meet the minimum lot size.  The County Attorney was given direction to modify ordinances accordingly. 

Informational meeting is scheduled for Sunday, August 10 at 2 p.m. in the Stumpy Point community.  County Attorney provided an update on issues with Army Corps regarding lots that are undeveloped – he reported that the County asked the Corps to permit the project based on improved properties so that project was not further delayed and that means that undeveloped lots now have to be addressed.  Corps states that secondary impacts have to be mitigated (primary impacts have already been mitigated) and they are not coming forward to offer a solution.  They state money can be paid to the mitigation bank.  The County would have to delineate each lot to determine the amount of mitigation that is necessary.  The Planning Director is working to come up with a strategy – easiest strategy would be on a lot by lot basis but the Corps is not willing to approach it this way.  The County may have to delineate and pay mitigation upfront and then decide whether property owners will have to reimburse this fee when development of lots takes place. 

The Board adjourned as the Stumpy Point Water and Sewer Board and reconvened as the Dare County Board of Commissioners. 

ITEM 11 – UPDATE ON OREGON INLET BRIDGE

Vice Chairman Burrus reported that everything is on schedule with the record of decision due in August or September and then things will move forward quickly.  It is critical to see what will come after this.   There will be dredging at Oregon Inlet over the next few weeks and months.  There will be some delays for traffic due to this and due to maintenance that will resume in the near future.  He is hoping there will not be any surprises.   

ITEM 12 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval of Minutes
2. Social Services Budget Amendment – Emergency Food and Shelter
3. Public Works Recycling / Request for a new baler

ITEM 13 – BOARD APPOINTMENTS

1. A.B.C. BOARD

Commissioners reappointed Carl Hayes to serve a three year term on the A.B.C. Board.

2. SHORELINE MANAGEMENT COMMISSION

Commissioner appointed Jodi Hess (Southern Shores Council member) to serve on the Shoreline Management Commission. 

ITEM 14 – COMMISSIONERS’ BUSINESS

Chairman Warren Judge – Thanked Commissioner Allen Burrus who accompanied him on the recent trip to Washington, DC regarding beach access- he did an excellent job expressing his concerns and answering questions about the issues.  Also thanked Bobby Outten and Dorothy Toolan for their assistance.  Thanks to Senator Dole and Senator Burr for their support of the legislation.  They both understand the negative effects that the closures have had on our area.  Thanks to Senator Basnight for the letter that he sent in support. 

Chairman Judge stated that he feels it is critical for the elected leaders in Washington, DC to learn the truth about the consent decree.  There is no one in Washington promoting the interim management plan.  Even the Park Service is speaking against their interim management plan.

He is recommending that funds be appropriated to educate the public about beach access.

Last week, another act of vandalism took place on the seashore and we were punished.  Please help stop the vandals.  He would like to explore appealing to the community for citizen volunteers to assist as guards during evening hours.  Whoever is responsible, please stop these acts.  It hurts everyone and affects our ability to make changes.  This is a mean way to make a point and has been hurtful to thousands of people.  The future of Hatteras Island is in our hands today. Give careful consideration and make an investment in our future. What is the cost of not taking action?

Commissioner Jack Shea – he has done much thinking about our beaches and he would like to be proactive.  He reviewed a media action plan for Board’s consideration with four possible action steps proposed. 

Commissioners Judge, Burrus and Shea will work to come up with a plan.  Congress is in recess the next five weeks.  Need to get up and running in regional markets quickly and then in the DC market by September when Congress reconvenes.   

The Board authorized the committee (Commissioners Judge, Burrus and Shea) to spend (commit) contingency funds, not to exceed $100,000, for this effort until the next Board meeting.  Report back and go out and try to solicit funding from towns and Tourist Bureau.  

Commissioner Allen Burrus – the economic development issues need to be addressed.  How can we work on these?

The Park Service – one thing that has not been said – the County has reached out to them to address issues of vandals, to purchase cameras and such, and they are not interested.

He is reminded that the ferry service has a huge economic impact in southern Dare County and he is thankful for their efforts.

On Hatteras Island, some businesses are doing well but others are close to closing their doors.  We have to be aware of this. 

Need to be understanding that there is a picture that our beaches are going to be closed in March, April, May, and June.  This will have a huge impact and this needs to end quickly.

It was reinforced while in DC that bureaucracy does what it wants to do.  The DOI treats everyone like they treated the Indians a few hundred years ago.   Someone needs to step up and tell them that they work for the people.  Their concern is not for the average person in America that wants access to the parks. There is a tendency nationwide for less access to parks.  There is a group in Washington concerned only with special interest groups. 

Commissioner Jack Shea – expressed appreciation to people receiving service pins and Nancy Huff as employee of the month.

Board has talked about how to help the local economy and he and Commissioner Dutton have met with Homebuilders to get some ideas.  We are about to construct the Senior Center and majority of contractors (80% or more) should be local. 

Also talked about joint meeting with local towns to talk about common issues and this is a good idea.

Commissioner Mike Johnson – Agreed with Commissioner Burrus on access issues.  In the 1990s the same groups used the same tactics for the spotted owl that shut down operations in other areas.  We need to learn to refute this.  Reaching out nationally is the key.  It is the same culprits causing the same problems.  They are lobbying and we are not.  He was talking to Ernie Foster about our commercial fishing issues.  Fishermen are asking to go to work.  We are asking for access and we must expose our representatives to good science.

Commissioner Max Dutton – Thanks to those who traveled to Washington, DC.  Also, appreciates those recognized with service pins and the Employee of the Month. 

Chairman Warren Judge – Commissioner Virginia Tillett asked that the Board look at the recent NC Coast Watch magazine article about Marc Basnight.

He appreciates the support of everyone regarding the beach access issue. 

To the folks that may be convinced that Audubon and Defenders know what they are talking about and support their position, this is an issue about access and not about off road vehicles. 

Fran Harris, Clerk to the Board, is retiring and this is officially her last meeting.  Appreciation and thanks to her.  There will be a reception honoring her service on August 27 from 3 to 5 p.m. at the Administration Building. 

ATTORNEY’S BUSINESS - presented the attached Resolution Supporting Widening of Highway 64 from Columbia to Manns Harbor.  The Board adopted the resolution as presented. 

He confirmed that the Board appoints the Chairman of the ABC Board and this appointment will placed on the Board’s next agenda. 

MANAGER’S BUSINESS – none 

ITEM 15 – UPCOMING BOARD APPOINTMENT FOR SEPTEMBER

The upcoming Board Appointment for September is the Industrial Bonding Authority. 

ITEM 16 – CLOSED SESSION – APPROVAL OF MINUTES OF LAST CLOSED SESSION

Vice Chairman Burrus, pursuant to the provisions of NCGS 143-318.11 moved that the Dare County Board of Commissioners go into closed session to approve the minutes of the last closed session.  The Attorney reported that the Board approved the minutes of the last closed session and took no other action.

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