The Dare County Board of Commissioners met in a regular session at 9:00 a.m. on December 5, 2005, in the Dare County Administrative Annex in Manteo. Commissioners present were: Stan White, Warren Judge, Richard Johnson, Cheryl Byrd, Mike Johnson and Virginia Tillett. Mac Midgett was absent. Also present were Manager Terry Wheeler and Attorney Bobby Outten. Fran Harris, Clerk, called the meeting to order followed by silent meditation and the pledge of allegiance to the flag. 

Chairman White said that Commissioner Mac Midgett is in the hospital and scheduled to have surgery on Friday, and White asked that the election of Chairman be postponed until the full Board can be present.  Attorney Outten stated that the Board would have to make an attempt to elect a Chairman before delaying the election.  The statute requires that the election of Chairman be the first order of business at the first meeting in December.   

ITEM 1 – ELECTION OF CHAIRMAN

Commissioner Cheryl Byrd nominated Commissioner Richard Johnson. 

Commissioner Mike Johnson nominated Chairman Stan White.

Commissioners Byrd, Judge, and R. Johnson voted for Richard Johnson.

Commissioners M. Johnson, Tillett, and White voted for Stan White.

The vote was taken twice and remained the same, and the Board took a recess.  

The Board agreed to move on with the agenda and take this matter up again at the end of the meeting.  See below. 

ITEM 3 – PRESENTATION OF COUNTY SERVICE PINS

1. Dolores Stasienko, Community Social Services Technician, received her 10 Year Pin from Social Services Director Jay Burrus. 
2. Linda Midgett, Customer Service Representative for the Water Department, received her 10 Year Pin from Beulah Ashby, Customer Service Supervisor.
3. Milton Eaton, Pilot received his 15 Year Pin from Skeeter Sawyer, EMS Director.
4. Patricia McCarter, Income Maintenance Caseworker II, received her 20 Year Pin from Social Services Director Jay Burrus. 

ITEM 4 – EMPLOYEE OF THE MONTH

Betsy Robinson, Public Health Nurse II, was presented the Employee of the Month Certificate from Laurie White, Clinical Nursing Services Director.  

ITEM 5 – PUBLIC COMMENTS

Ray Midgett of Southern Shores spoke about the 1% sales tax for beach nourishment that goes into effect January 1.  He asked the Board, at their next meeting in January, to consider abating the tax before the election in February.  This will save the County approximately $25,000 in costs associated with holding the election.     

Jennifer Frost stated that she does not see monthly reports for recycling or the water department in the agenda notebook.  Ms. Frost then asked the Board to assist Camden County with the funding they need for schools so that they do not have to move forward with plans for the proposed dump.  She asked Commissioners to respond to this matter.  The time has come to act and be generous. 

Charles Midgett of Wanchese referred to a 1933 issue of National Geographic that speaks of the Cape Hatteras Lighthouse’s proximity to the ocean and passed a copy to Chairman Stan White.  Mr. Midgett said the lighthouse remains at about the same distance from the ocean after all this time.      

ITEM 6 – STREET ADDRESS CONFLICT – OCEAN BAY BLVD.

Ray Sturza, Planning Director, explained that in November a resident of Baum Bay Harbor Subdivision contacted the Planning Department concerning a street address conflict involving Ocean Bay Blvd. in the Baum Bay Harbor Subdivision (located in unincorporated Dare County) and the Town of Kill Devil Hills. Ocean Bay Blvd. was originally recorded as part of the Baum Bay Harbor Subdivision. A section of the road within the boundaries of the Town of Kill Devil Hills was never constructed. In recent months, this section of Ocean Bay Blvd. has been constructed as part of a new development within the Town of Kill Devil Hills although access to Baum Bay Harbor is still limited to the subdivision entrance off Colington Road. The two sections of the road are not connected. The street address pattern for the Town of Kill Devil Hills and the street address pattern for Baum Bay Harbor do not match. Due to the seriousness of any confusion that may occur in the dispatch of emergency vehicles, staff took on the issue. Staff decided to seek a new name for the section of Ocean Bay Blvd located within the Baum Bay Harbor Subdivision. There are 9 properties located along the section of Ocean Bay Blvd in Baum Bay Harbor that will be impacted by this street name change. Notices were mailed to the residents of Baum Bay Harbor that will be affected by a street name change and offered a substitute name of “Old Bay Blvd” and asked for other recommendations.

Commissioners voted to schedule a public hearing to consider a new street name for the section of Ocean Bay Blvd in the Baum Bay Harbor Subdivision at 10:00 a.m. on January 3, 2006.    

ITEM 7 – DARE COUNTY DEPARTMENT OF PUBLIC HEALTH – RESTAURANT HEART HEALTHY SURVEY

Trish Blackmon, Public Health Educator, reported that the Public Health Department will receive $500 remuneration from the North Carolina Department of Health and Human Services to participate in and conduct a Restaurant Heart Health Survey. These funds will be used for operating costs associated with conducting this survey.  Peer Power students at local high schools will participate in conducting he survey.  Commissioners approved the budget amendment as presented.  

ITEM 8 – REVISION OF POLICY PRESCRIBING PROCEDURES FOR DISPOSING OF SURPLUS PERSONAL PROPERTY

David Clawson, Finance Director, noted that on March 15, 2004, the Board adopted a policy to authorize the purchasing agent to dispose of any surplus personal property with a fair market value of $1,000 or less. Mr. Clawson requested revision of this policy to authorize the purchasing agent to dispose of any surplus personal property with a fair market value of less than $5,000. This is the maximum allowed by G.S. 160A-266c See attached.  Commissioners approved the revision as presented. 

ITEM 9 – BUDGET ACTIONS FOR THE SERIES 2005 CERTIFICATES OF PARTICIPATION

David Clawson, Finance Director, presented a request to amend the project budgets as approved by the Board on 9/19/05 for Manteo High School and Hatteras Secondary School. The agenda item also establishes the preliminary budget for the COPs sale, scheduled for December 13 and 14. That portion of the budget will be changed after the sale to reflect actual numbers. Clawson presented the attached information regarding the transaction. 

Commissioners voted to adopt the amendment to the capital project ordinance and adopt the budget amendment for the Capital Reserve Fund as presented.  

ITEM 10 – PROGRAMMING STUDIES FOR ROANOKE ISLAND SENIOR CENTER, PUBLIC WORKS & EOC / COMMUNICATIONS

David Clawson, Finance Director, noted that the CIP Committee asked Heery International to provide proposals for performing programming work for the Roanoke Island Senior Center (currently in the CIP for fiscal year 2006-07) and for two projects not yet in the CIP, an EOC/Communications Building and a Public Works Facility. (See attached proposals).

Commissioners adopted the capital project ordinance for the programming studies as presented. 

ITEM 11 – MONTHLY SCHOOL CONSTRUCTION REPORT FOR OCTOBER 2005

David Clawson, Finance Director, reported that the Board of Education states that move-in dates for Manteo Middle School and Nags Head Elementary School will be the semester break – January 23, 2006. Board of Education staff informs that they are examining MMS budget for possible budget amendment for completion of athletic fields. 

ITEM 12 – OREGON INLET ECONOMIC STUDY

Michael Davenport, Chairman of the OIWC Administrator, explained that OIWC is in the process of having a full economic study of the benefits of Oregon Inlet to Dare County conducted. The Commission recommends moving forward with negotiations for Moffitt and Nichols to conduct the economic study.  The Board of Commissioners approved using this agency and moving forward with the project.  The project will be funded from current Oregon Inlet budget unless another agency wishes to partner with OIWC.

Commissioner Byrd agreed to work with the Commission as they move forward with the project after announcing that she has rescinded her resignation from the Dare County Board of Commissioners.   

ITEM 13 – UPDATE ON OREGON INLET BRIDGE

Norma Mills, Chief of Staff for Senator Marc Basnight’s office, and Jim Trogden, General Assembly Transportation Specialist, gave an update on Senator Basnight’s efforts on the Oregon Inlet Bridge.

Attached is the Parallel Bridge Support Summary presented by Ms. Mills that reviews benefits of the parallel bridge and outlines serious flaws of the Pamlico Sound Bridge Study.

Citizens are encouraged to submit public comments by December 12, 2005 to Carl Goode, NC DOT, 1583 Mail Service Center, Raleigh, NC  27699-1583; Fax 919-715-1501; or e-mail to cgoode@dot.state.nc.us

Following the presentation, Commissioners asked the County Attorney to submit a letter stating the Board’s support of the parallel bridge option.   

ITEM 14 – SCHEDULE OF 2006 BOARD OF COMMISSIONERS MEETINGS  

Manager Wheeler presented the attached Schedule of 2006 Board of Commissioners Meetings and Commissioners approved the schedule as presented with a goal setting workshop added to the schedule for the afternoon of January 3. 

ITEM 15 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval of Minutes – November 21, 2005
2. Outer Banks Visitors Bureau Grant – Transportation Pilot Program
3. Dare County Transportation System Replacement Vehicle
4. FY 07 Community Transportation Program (CTP) Grant Application
5. Colington Harbour Main Channel Dredging Project
6. Request Authority to Negotiate with Architect for EMS Station 1 Renovation

ITEM 16 – BOARD APPOINTMENTS

1. ALBEMARLE COMMISSION BOARD OF DIRECTORS

Commissioners reappointed Richard Johnson to serve a one year term on the Albemarle Commission Board of Directors.

2. BOARD OF EQUALIZATION AND REVIEW

Commissioners reappointed John Receveur, Bette Gray, Barbara Britt, and Michael Davenport to serve a one year term on the Board of E&R.

3. PARKS AND RECREATION ADVISORY COUNCIL

Commissioners reappointed Susan Boncek and Crystal Blackmon to serve a three year term on the Parks & Recreation Board.

4. SPECIAL MOTOR VEHICLE VALUATION REVIEW BOARD

Commissioners reappointed Richard Johnson, Dock Sawyer, and Jack Gregory to serve a one year term on the Special Motor Vehicle Valuation Review Board.

5. TOURISM BOARD

Commissioners reappointed Mike Johnson and Bob Woodard to serve a two year term on the Tourism Board. Commissioners also appointed Barbara Connery to represent the Outer Banks Association of Realtors and Ervin Batemen to represent the Town of Kitty Hawk.  The Towns of Kill Devil Hills and Nags Head will recommend appointments in the near future.   

ITEM 17 – COMMENTS BY COMMISSIONERS  

Commissioner Virginia Tillett – wished everyone a happy holiday. 

She made a motion to postpone the election for Chairman until Commissioner Midgett returns.  The motion did not pass.

She received an e-mail addressed to Commissioner Midgett from citizens in Avon and she feels the Board should respond to them.  Another e-mail received regarding a citizen’s concerns about their tax bill and another one discussing property owner’s concerns about dunes at Austin Drive on Hatteras.

 Bowsertown site – received good report.  Public meetings will be scheduled to receive input about future uses for the property. 

Commissioner Warren Judge – asked that staff prepare a letter on behalf of the Board opposing cuts to the state mental health budget. 

He attended the meeting in November in Elizabeth City (energy forum) and found it to be two very strong lobbying efforts in favor of drilling.  He went with an open mind, hoping there would be a clear definition of facts.  He was discouraged and disheartened as it was designed to be pro offshore drilling.  He is prepared to support a resolution in opposition to all offshore drilling that would quote the county’s land use plan which opposes the industry.  As he understands it, the money from drilling would be split 2/3 state and 1/3 to coastal counties.  The money would be divided on a formula basis.  Factors would include population and length of shoreline.  His estimates (based on their documents) this would amount to $60 million over 40 years. There is no provision that would penalize a county in opposition to offshore drilling.

Commissioner Judge asked two questions, one of staff and one of Jennifer Frost in the audience.  He asked Ms. Frost if she is asking Dare County to fund a school for Camden County.  She replied that she is not asking Dare to fund a school, but to assist them with their efforts. 

Commissioner Judge then asked the Attorney, if mechanically and legally, the Board can repeal the sales tax, as suggested during public comments. 

Attorney Outten said the Board has the authority to repeal the tax; however, it would not become effective until July 1 if repealed.  

Commissioner Cheryl Byrd – Regarding the oil and gas exploration issue, it does not seem that any additional information is being gathered.  She presented a resolution (attached) for consideration.  Chairman White stated that he is personally opposed to offshore drilling. He was glad to hear the report from Commissioner Judge.  He is disappointed that it was not a very informative session.  He still has major concerns that Virginia has approved offshore drilling and that if there was a problem, NC would be negatively impacted.  He also has some concerns about the financial impacts.  He will commit to the Board to be prepared to vote on a motion the second meeting of January.  He needs to obtain more information before voting on the matter.  His biggest concern is the damage we will receive if Virginia moves forward and drilling ends up affecting our local economy.  The matter will be placed on the agenda for January 17.

The Outer Banks Transportation Task Force held a symposium earlier this year. There is some money remaining that can be used if the contract with the consulting firm is extended – it can be used to help work through setting up a Transportation Authority and to work on establishing a fare structure for a trolley service if one is established during the summer season.  The Board voted to extend the consulting contract as requested.

She has decided to remain on the Board of Commissioners through December 2006 to complete the remainder of her term. 

Commissioner Mike Johnson – he has been working on a drainage problem at the dump.  He has looked at the problem and there is adjoining farm land where the water can be pumped and retained.  It looks like a good opportunity to redesign the drainage and make the site available, raising money through nonprofits, to create a waterfowl facility to provide a hunting area for kids and as a birding opportunity for wintering waterfowl. He asked the Board for their support of his efforts.   

Commissioner Richard Johnson – asked if it is true that the person on the losing side of the vote (repeal of sales tax), cannot bring the issue up again for at least 12 months.  The Attorney will look into the matter. 

Chairman Stan White – wished everyone happy holidays. 

Attorney’s Business - none 

County Manager – Thanked the Board for their work this year on behalf of the citizens and county employees. 

Chairman White asked the Board to consider supporting the attached Resolution of the Outer Banks Chamber of Commerce Regarding Beach Access on the Cape Hatteras National Seashore.  This resolution will be placed on the January agenda for consideration. 

ITEM 18 – UPCOMING BOARD APPOINTMENTS FOR JANUARY

Upcoming Board Appointment for January is Nursing Home Community Advisory Committee.  

ITEM 19 - CLOSED SESSION – LAND MATTER AND APPROVAL OF CLOSED SESSION MINUTES

Commissioners voted to go into closed session to discuss a contract for the acquisition or real property by purchase, option, exchange, or lease and to consult with an attorney employed or retained by the county in order to preserve the attorney client privilege between the attorney and the county in the matters of Snow versus Dare County and to approve the minutes of the last closed session.

Attorney Outten reported that the Board approved minutes from the last closed session and did not conduct any other business due to the absence of Commissioner Mac Midgett.   

ITEM 1 – ELECTION OF CHAIRMAN (resumed)

Commissioner Mike Johnson nominated Commissioner Stan White

Commissioner Cheryl Byrd nominated Commissioner Warren Judge.

Chairman White, Commissioners Tillett and M. Johnson voted for White.
Commissioners Byrd, R. Johnson and Judge voted for Judge.

The Clerk repeated the vote three times with the same results. 

The County Attorney was then asked to look into whether Co-Chairs could be elected.  Following a recess, the County Attorney reported that Co-Chairs could not be elected, according to statute. 

Commissioner Byrd nominated Commissioner Richard Johnson.

Commissioner M. Johnson nominated Stan White.

Commissioners Byrd, Judge, and R. Johnson voted for Richard Johnson.

Chairman White and Commissioners M. Johnson and Tillett voted for White. 

Commissioners then took a recess. 

Following the recess, Commissioner M. Johnson nominated Stan White and he was elected unanimously. 

ITEM 2 – ELECTION OF VICE CHAIRMAN

Chairman White conducted the election of Vice Chairman.

Commissioner Byrd nominated Commissioner Richard Johnson and he was elected Vice-Chairman unanimously.  

Site Index | Homeland Security | Privacy Statement | Accessibility