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 closed session at 1:00 p.m. on September 15, 2008 in the Commissioners Meeting Room, Dare County Administrative Building, 954 Marshall Collins Dr, Manteo, NC to consider the qualifications of individuals for employment.  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.   

At 5:00 p.m., the Board of Commissioners reconvened at the Dare County Administrative Annex, 204 Ananias Dare St., Manteo, NC for an open session to consider the remaining agenda.  Chairman Judge observed a moment of silence followed by the Pledge of Allegiance.  The Board voted to amend the agenda to add item 4A, a presentation by Dr. Thomas Shea, UNC Lineberger Comprehensive Cancer Center. 

ITEM 2 – REPORT OUT OF CLOSED SESSION

Attorney Outten reported that the Board has held two closed sessions since the Board last met.  At the September 2 session, the Board instructed the Attorney regarding price and other material terms in regards to contracts for two properties (Scarborough tract and Midgett tract).

The Board also considered qualifications of individuals for employment.  At the closed session earlier today, the Board again considered qualifications of individuals for employment.  At the September 2 session, the County Manager announced his retirement effective June 30, 2009.  The Board then voted to approve an amendment to the Manager’s contract extending it through June 30, 2009.   

ITEM 3 – EMPLOYEE OF THE MONTH – Paul Cagiano, EMT Lieutenant, received the employee of the Month Certificate from Skeeter Sawyer, EMS Director.  Paul is a paramedic, currently B shift supervisor, who has served with great distinction for 17 years.  He is also a member of the Southern Shores Fire Department and a member of the SPCA Board.   

ITEM 4- PUBLIC COMMENTS

Harvey Scarborough, Jr. spoke about the trapping regulations that the Board passed recently.  He is from Hatteras Island and would like the rules to stay in place as adopted.   

Frank Jakob of Salvo came forward to request a public boat ramp in Rodanthe.  The county owns land where there is an existing “quasi” boat ramp in place made of gravel.  There are no public boat ramps on Hatteras Island.  He has talked with the Wildlife Resources Commission and they will put this item on their agenda for consideration if the Board of Commissioners will support it.   

Brian Van Druten of Buxton supports keeping the trapping season as it is, aligned with the state.  He said that the Dare Bombing Range on the Dare mainland seems to be the only area in the county where there appears to be conflicts between dog hunters and trappers.

J.W. Pierce of the NC Trappers Association spoke about ethical and legal trapping.  Living in Wake County with running at large law, he has caught 16 dogs and released them without any injuries.  Traps have come a long way and do not cause injuries.  A conflict might arise but it does not arise because a trapper goes and sets traps where dogs are running.  There were only 10 trapping licenses sold in Dare County last year and that doesn’t mean that they are trapping here since licenses can be used throughout the state. 

Ray Reisert, Vice Chair of RIHA, spoke about the proposal submitted by the Roanoke Island Historical Association for reuse of the historic Courthouse.  Their vision is to create what is a heritage center for all of Dare County.  They envision a museum, an orientation center, information and ticket center, a gift shop, an art gallery, workshop rooms and entertainment venue.  Renovations are needed and would be performed with assistance from the County.  In addition, RIHA would look for funding sources to bring the vision to life.   

Janet Craddock spoke on behalf of the mainland Dare hunters.  She is against opening the trapping season on the mainland on December 1.  She is not against trapping.  Leaps and bounds have been made in the types of traps, but even under perfect conditions there is a chance for dogs to get caught in traps.  Much of the land here is government controlled, not private.  The law that was in effect previously worked well on mainland Dare.  She understands the economics of being first in line to catch fur, but fur is better and sells for a higher price later in the season.  She asked the Board to consider changing the law so that it does not come into effect until January.   

Amy Huggins of Southern Shores spoke on behalf of the Dare County Arts Council requesting that RIHA and the Arts Council be allowed to become caretakers of the historic Courthouse.  Both groups have submitted proposals for reuse of the building and she said there are many exciting opportunities.   They would like to partner with the County on this project and the Arts Council has the ability to pursue grant funding.   

Jimmy Bliven, trapper, would like to be able to set traps when he takes time off during Christmas break. 

Joey Van Dyke of Frisco spoke about trapping, primarily raccoons.  He showed an example of a species specific trap that is currently being used.  

Lee Craddock of Manns Harbor (trapper, fisherman and deer hunter) said that he would like to see the rule changed back to January 2.  

ITEM 4A – PRESENTATION FROM DR. THOMAS SHEA – UPDATE ON UNC CANCER INITIATIVE

Dr. Shea presented the attached information about efforts to enhance cancer care in Dare County.   

ITEM 5 – COLLEEN OLFENBUTTEL, BLACK BEAR AND FUR BEARER BIOLOGIST, NC WILDLIFE RESOURCES COMMISSION -   

See attached presentation that supports state recommendations for trapping.  At the May 19 meeting, the Board adopted language that brought the County into agreement with the state rules.  At the July meeting, there was public comment from hunters who did not agree with the amendments and the Board decided to hear a presentation from the Wildlife Resources Commission. Following discussion, the Board voted to amend the rules so that 330 conibear steel traps are permitted beginning January 2 through the end of the trapping season on the Dare County mainland.     

ITEM 6 – PUBLIC HEARING - 2008 INSTALLMENT FINANCING

THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING CONCERNING 2008 INSTALLMENT FINANCING

David Clawson, Finance Director, reminded the Board they adopted the first resolution to finance the Roanoke Island Senior Center and the College of the Albemarle Roanoke Island Campus project on 9/2/08.  The Board is required to hold a public hearing concerning the approval of the execution and delivery of the Contract and the Deed of Trust and the proposed acquisition, construction, equipping and furnishing of the Projects.

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

ITEM 7 – C-2 TEXT AMENDMENT

Donna Creef, Senior Planner, explained that Quible and Associates, on behalf of Mr. David Dawson, has submitted a text amendment to the C-2 (commercial) zoning district regarding the application of C-2 zoning regulations for multifamily structures.  Currently, the C-2 district permits residential structures as follows:  Section 22-25(b) Permitted Uses (5) – Single-family dwellings, multi-family dwellings and duplexes, according to the R-3 medium density residential district – six units per acre south of Oregon Inlet and eight units per acre north of Oregon Inlet

The amendment proposed by Mr. Dawson would delete the reference to multi-family dwellings under (b) (5) and add a stand-alone listing for multifamily structures in the list of C-2 uses.  The scope of a multifamily project would be limited only by the dimensional standards of the C-2 district for commercial uses, applicable parking standards, wastewater requirements, and other regulations that may apply such as CAMA permits and State storm water regulations but with no applicable dwelling density limitation (i.e. units per acre).

Mr. Dawson owns the Cape Hatteras Motel in Buxton and another property on which he would like to construct additional hotel unites.  His plans are to construct 3 bedroom-2 bath units, some of which will be offered as overnight accommodations and others that will be owned by individuals as condos.

The C-2 district permits hotels/motels as defined in the Zoning Ordinance.  A hotel is a commercial use subject to the dimensional standards for commercial uses and parking regulations for hotels.  The commercial dimensional standards include a 60% lot coverage limitation.  The definition of hotel that is included in the Zoning Ordinance does not address the size or layout of a hotel unit but addresses the overall function of the hotel facility.  Under the development scenario proposed by Mr. Dawson, some of the units would be offered for rental as overnight accommodations and function consistent with the definition of a hotel found in the Zoning Ordinance.  However, some units may function as residences for the owners if the owners choose not to offer the units as resort accommodations.

According to the Dare County Zoning Ordinance, multifamily structures are regulated as residential uses.  Under the current C-2 language, the dimensional standards of the R-3 residential district apply to multifamily structures in the C-2 district.  This includes a dwelling density limitation of 6 units per acre of 8 units per acre depending on the location, a 30% lot coverage limitation, and residential setbacks.  Mr. Dawson proposes that the C-2 district be amended to permit multifamily structures subject to the commercial dimensional standards applied to all other commercial uses in the C-2 district – 60 % lot coverage, no dwelling density standard, and reduced building setbacks.

Per acre dwelling density limitations are the most commonly used method of regulating the scope of multifamily construction.  The Dawson amendment represents a significant change in the application of the zoning regulations for multifamily structures by reclassifying the structures from residential to commercial.  There are numerous C-2 districts throughout unincorporated Dare County and the revision would impact other areas as well as Buxton.

The Planning Board discussed this amendment on July 14, 2008 and on August 11, 2008.  It was the consensus at the July meeting that the proposed amendment represented a substantial change in the regulation of multifamily structures.  The item was tabled to allow Mr. Dawson additional time to consider any revisions to his proposal before a recommendation was made by the Planning Board.  It was noted during the Planning Board’s discussion, that the current land use policies support single family residential homes as the preferred land use in unincorporated Dare County.  On August 11, 2008, the Planning Board voted to recommend denial of the proposed amendment due to the potential impacts on other C-2 zoned areas in Dare County associated with the reclassification of multifamily uses from residential to commercial.  If it is the intent of the Board to offer additional consideration of this proposed amendment, then a motion to schedule a Public Hearing would be in order.

The County Attorney explained that the individual units can be sold as hotel units but the use may not change.  Mr. Dawson withdrew his request to hold a public hearing on the matter.  

ITEM 8 – CAPE HATTERAS LANDING GROUP DEVELOPMENT

Donna Creef, Senior Planner, presented the CUP application and site plan for consideration by the Board.  Ms. Creef stated that the Planning Board has reviewed this proposal on numerous occasions (Jan. 2005, April 2007, June 2008 and July 2008).  They voted 5-1 on July 14, 2008 to recommend approval of the site plan subject to the completion of legal documents to address maintenance of the wastewater system.  Although the Planning Board voted to recommend approval, the Board continued to have reservations about the proposed drip irrigation wastewater system and the advisability of use of such a system on Hatteras Island.  Their recommendation was based on the compliance of the site plan with the technical merits of the Zoning Ordinance.

The site plan meets the technical requirements of the Dare County Zoning Ordinance as set forth in Section 22-31 and Section 22-68.  A draft CUP has been prepared that addresses the development of the site.

The Board voted to approve the site plan and CUP with conditions specified (including enclosing with a building that is designed to minimize odor, changing paragraph 3 of escrow agreement for quarterly reporting and correct typo in paragraph 3 to 34 units. 

ITEM 9 – CUP FOR COA CONSTRUCTION PROJECT     

Bobby Outten, County Attorney, presented the CUP for the project.  The Town of Manteo issued Dare County a Conditional Use Permit (CUP) for the COA expansion project at the old Manteo Middle School site and has requested the Chairman sign it on behalf of Dare County.

Commissioners voted to authorize the Chairman to execute the CUP. 

ITEM 10 – RECOMMENDATION OF CONTRACTOR FOR ROANOKE  ISLAND SENIOR CENTER

David Clawson, Finance Director, stated the County advertised a request for proposals for a construction manager at risk for the construction of the Roanoke Island Senior Center.  Three qualifying responses were received.  The RFP required several items including examples of experience with similar projects, a proposed pre-construction services fee, the contractor’s fee and a schedule.  The pre-construction fee is the fee charged by the contractor to develop a proposed guaranteed maximum price and is paid for that service regardless of the outcome.  The contractor’s fee is the contractor’s profit on the job.

The Capital Improvements Planning Committee met with Oakley Collier (project architects) on 9/2/08.  At the conclusion of that meeting, the CIPC voted to recommend to the Board that A.R. Chesson Construction be authorized to develop a GMP for consideration, likely at the Board’s 10/20/08 meeting.  Key factors in that decision were Chesson’s experience with the type of building; A.R. Chesson’s experience with the size of building; A.R. Chesson’s experience in the County; A.R. Chesson’s demonstrated cost control ability; the County’s positive experience with A.R. Chesson on the construction of the Manteo EMS Station; and A.R. Chesson’s statement to the architect that 60 days could be cut from their 349 day schedule if the building approval progresses quickly and it can be dried in before the worst of winter. 

Commissioners voted to approve A.R. Chesson Construction as the contractor and approved the guaranteed maximum price of $1,873,323 which includes the attic space.   

ITEM 11 – PROPOSED USES FOR OLD COURTHOUSE AND OLD COUNTY ADMINISTATION BUILDINGS

Bobby Outten, County Attorney, presented the proposals that were received for use of the Old Courthouse and a list of proposed uses for the three buildings at the old administration complex.

For reuse of the Old Courthouse, each group submitting a proposal will be asked to come before the Board at their October 6 meeting to present information (up to a 15 minute presentation) about their proposal before the Board takes any action.

For proposals requesting space in the former administration complex, the County Manager and County Attorney will develop a plan for utilizing available space to meet the needs of the organizations requesting space.  Recommendations will be presented by October 6. 

ITEM 12 – STUMPY POINT WATER AND SEWER APPROVAL OF CONTRACTS

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

County Attorney Bobby Outten presented copies of the contracts for the construction of the Stumpy Point Water and Sewer District waste system and they were approved by the Board. 

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

ITEM 13 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1.     Approval of Minutes

2.    Public Works Budget Amendment – Mosquito Control

ITEM 14 – COMMISSIONERS BUSINESS 

Commissioner Jack Shea – congratulations to Paul Cagiano as employee of the month. 

Commissioner Shea attended the Board of Education meeting on Sept. 9 and Ben Cahoon was sworn in as a member of the Board, students were recognized for their projects, Robin Sawyer was recognized and Jeff Whitt was voted Teacher of the Year for 2008/2009

Commissioner Mike Johnson – none

Commissioner Max Dutton – appreciation to Paul Cagiano as employee of the month.

He is glad that the contractor was chosen for the Roanoke Island Community Building

Commissioner Virginia Tillett – thanks to Board members for supporting the Community/Senior Center.

She distributed the flyer for the First Light of Freedom Remembrance Celebration and she hopes everyone can attend on September 26

Asked County Manager to check into laws regarding Social Security Offices and distances allowed

Official invitation from Pea Island Cookhouse Committee for October 11 at 11 a.m.  will be forthcoming, but asked Board members to save the date.

On October 2 at Head Start Building there will be an informational session about the UNC Cancer Initiative at 7 p.m.

Questions regarding the Stumpy Point Wastewater System were received from Major and Marietta Hooper.  The County Attorney will respond to their questions.

Commissioner Richard Johnson – none

Vice Chairman Allen Burrus – thanks to Rodanthe Waves Salvo Civic Association for inviting him to speak at their meeting last week.  He enjoyed it very much.

Thanks for Emergency Management for their efforts during recent storm.

Trip to Washington DC last week was full of meetings. 

Day at the Docks occurs Saturday.  Read poem from Johnnie Baum.

Chairman Warren Judge – Last Monday and Tuesday, negotiated rulemaking committee convened.  Difficult subjects – there was a lot of reporting out from subcommittees and there were conflicting positions presented.  There will be action items for October 22 and 23 meetings.  The committee was asked to consider a request to videotape the meetings to air on channel 20. There were six votes against and so it did not pass, but he will continue to work to accomplish this.   

MANAGER’S BUSINESS – none 

ATTORNEY’S  BUSINESS – Edward Lee Mann, Public Works Director, reported that they have run out of space in C & D cell 3 more quickly than expected.  To construct C & D cell 4 between cells 1 and 2, it requires a process similar to applying for an entirely new landfill permit and it will take almost a year.  Engineers have proposed building a new stand alone for cell 4 because it can be done more quickly.  Once cell 4 is approved (by June or July), they will begin permitting process for cell 5 which will be placed between cells 1 and 2.  The Board adopted the budget amendment and amendment to the capital project ordinance as presented by the Finance Director.

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