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 January 5, 2009 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 Warren Judge called the meeting to order at 9:00 a.m., asked Vice Chairman Allen Burrus to offer prayer, and then led the pledge of allegiance to the flag.

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

1)      Douglas Oberbeck, Deputy Sheriff Lieutenant, received his 10 year pin from Rodney Midgett, Sheriff.  Lt. Oberbeck is Supervisor in Charge of the Hatteras district and he has proven to be an outstanding leader there.   He graduated from the FBI National Academy last month year which is one of the most prestigious law enforcement programs in the nation. 

2)      Richard “Rick” Koenig, Plant Maintenance Mechanic, received his 10 year pin from Ken Flatt, Water Director. Rick is responsible for maintain the pumps, generators and valves at the five water facilities.  He started as an operator for the department and it became clear that he has a lot of mechanical skills so he was promoted when this current position opened.  He is currently working on his B Distribution license and is a great asset to the Water Department.   

3)      James “Jim” Meads, Flood Plain Enforcement Specialist, received his 15 year pin from Ray Sturza, Planning Director.  Jim is the local CAMA permit officer and makes sure that we are in compliance with federal FEMA regulations.   We do everything right and Jim is a big part of that.  He is an active member of the local community and Mr. Sturza thanked him for all that he does. 

4)      Almey Gray, Deputy Sheriff Major, received his 25 year pin from Rodney Midgett, Sheriff.  Major Gray was appointed to lead the Communications Division when Sheriff Midgett was first elected.  The Sheriff said that he can always rely on Major Gray and he does an outstanding job.  Major Gray also graduated from National Academy. 

ITEM 2 – EMPLOYEE OF THE YEAR – 2008  

Susan Saulsbury, the 2007 Employee of the Year, recognized Mac Gray and Amanda McDanel who served on the selection committee with her.  Ms. Saulsbury then introduced the twelve employees of the month for 2008. Following the introductions, she presented the Employee of the Year for 2008 -- John Daniels, Superintendent of Parks with the Parks and Recreation Department. Mr. Daniels was described as going above and beyond, giving 110%, responsible, dependable, and well respected.  Tim White, Director of Parks and Recreation, said that John is an ideal employee and thanked him for this efforts.  John thanked his peers and said that it is able to do your job and do it well when you work with such good people.

ITEM 3 – EMPLOYEE OF THE MONTH – JANUARY 2009

Carl “Tim” Rhodes, EMS Paramedic, received the Employee of the Month certificate for January from Public Safety Director Skeeter Sawyer.  Tim serves as a Paramedic on Dare MedFlight.  He has gone through the ranks to critical care Paramedic.  He is a great Paramedic – caring, compassionate and knowledgeable.  He does many other things for the EMS department to go above and beyond the call of duty.  He had made the lives of EMS technicians better.  He serves on the department’s Audit and Review Committee and has assisted in writing policies. 

ITEM 4 – PUBLIC COMMENTS

Beulah Ashby of Manteo spoke about the borrow pit that is in her mother in law’s yard on Burnside Road in Manteo.  She said that it creates a safety issue for children.  When she saw this issue (Item 8) on the agenda, she spoke with the Planning Department and learned that this amendment would only apply to new pits.  She showed photographs of some pits that she is aware of that are located on Roanoke Island and asked the Board to consider making regulations applicable to already existing pits. 

ITEM 5 – CAPE HATTERAS MIDDLE SCHOOL FISH & OYSTER HATCHERY PRESENTATION

Students from the Cape Hatteras Middle School Fish and Oyster Hatchery program gave a presentation to the Board.  See attached presentation.  The students are stewards of the sound and have created an artificial oyster reef.  They worked together and filled over 1,000 bags with oyster shells and placed them in the sound.  They were amazed what they found when they checked the reef a few months later – new oysters were growing.  The students spoke about how beneficial oysters are for our waters and encouraged all communities to consider building reefs.  The students then gave a demonstration of bagging oysters.  Commissioners thanked the students for the work they are doing.

ITEM 6 – DARE COUNTY DEPARTMENT OF PUBLIC HEALTH: 2008 ACCREDITATION PRESENTATION

David Stone, State Accreditation Administrator for the North Carolina Division of Public Health and the North Carolina Institute for Public Health provided an overview of the recent accreditation process.  Anne Thomas, Health Director, received a plaque of recognition from Mr. Stone for the Dare County Department of Health’s 2008 Accreditation. He explained the focus of the accreditation process is the capacity of the local health department to perform at a prescribed level of quality including the three core functions of assessment, assurance, and policy development and the ten essential services of public health.  He commended the Health Department for the outstanding findings of the accreditation team.  Health Director Anne Thomas thanked Trish Blackmon and members of the Department’s accreditation team that worked to pull everything together to show the documentation of the their work in order to make this happen.  She also thanked Board of Health members, the County Manager and County Commissioners for their support.  Joy Reed, Head of Public Health Nursing with the NC Division of Public Health read a letter from the State Health Director congratulating the Dare County Board of Health for their accreditation.  She pointed out that the Dare County Health Department has one of the most innovative programs and the collaborative efforts being coordinated with the Board of Commissioners, such as patient navigators and the New Horizons Substance Abuse program are recognized.

10:00 A.M.  PUBLIC HEARING
ITEM 7   PROPOSED TO AMEND SECTION 22-29 OF ZONING ORDINANCE FOR TEMPORARY METEOROLOGICAL TOWERS

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC

HEARING TO RECEIVE INPUT REGARDING THE PROPOSED AMENDMENT TO SECTION 22-29 OF THE ZONING ORDINANCE FOR TEMPORARY METEOROLOGICAL TOWERS.

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

No one came forward.

Ray Sturza, Planning Director, explained the purpose of the amendment would be to allow the addition of temporary meteorological data collection towers to the list of structures allowed to apply for a permit.

Following the hearing, Commissioners voted to amend section 22-29 of the Zoning Ordinance to allow temporary meteorological structures to be added to the list of acceptable structures, and the Board finds it to be consistent with the Dare County Land Use Plan and in the public interest of Dare County. 

10:00 A.M.  PUBLIC HEARING
ITEM 8   PROPOSED AMENDMENT TO CHAPTER 152 DARE COUNTY CODE OF ORDINANCES        

AT 10:00 A.M., THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC

HEARING TO RECEIVE INPUT REGARDING THE PROPOSED AMENDMENT TO CHAPTER 152 OF THE DARE COUNTY CODE OF ORDINANCES.

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

No one came forward to speak.

Ray Sturza, Planning Director, explained the purpose of the amendment would be to require fencing around new borrow pits.  The Planning Department chose to regulate only new pits and those that require mining permits because that point of activity would allow enforcement by the Planning Department.  It would be difficult to try to find existing pits and enforce this requirement.  

Commissioners voted to amend Chapter 152 of the Dare County Code of Ordinances, and found it to be consistent with the Dare County Land Use Plan and in the public interest of Dare County.   

Staff will look into way to address existing borrow pits at the time of permit renewal and bring information back to the Board regarding this issue. 

ITEM 9  DCTB RESTRICTIVE FUNDS EXPENDITURE FOR SHORT TERM RESTRICTED FUND PROJECTS, DATABASE UPGRADE, & GOSPL GRANT

Renee Cahoon, Vice Chairman of the Dare County Tourism Board, presented the five proposed requests for expenditures from three different accounts.  The three short term restricted fund project requests total $400,000 (Purple Martin Sound Access, County of Dare; West First Street Multi-Use Path, Town of Kill Devil Hills; and West Side Multi-Use Path Phase III, Town of Nags Head. The database upgrade from the long term restricted fund totals $13,780 , and the Green Open Space (GOSPL) Grant to the Town of Manteo for a green space land purchase (Davis Lot on Queen Elizabeth Street) totals $125,000. 

Commissioners voted to grant the expenditure of restricted funds as requested. 

ITEM 10 PRESENTATION OF JUNE 30, 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT

ITEM 11  SHERIFF’S OFFICE EQUIPMENT PURCHASE & OVERTIME GRANT

Sheriff Rodney Midgett presented a request to apply for a grant from the NC Governor’s Crime Commission that would provide funding to purchase nine (9) TASERS and fund 334 hours of overtime to address illegal narcotics sales in Dare County. The total amount of the grant requested is $14,994, and if awarded, would require Dare County to provide a 25% match totaling $4,981.34. 

Discussion was held and Commissioners expressed concern about committing matching funds with current budget constraints.  The Board voted to allow the Chairman to sign the grant application so that it may be submitted with the understanding that the matching funds will be allocate by the Sheriff from the department’s 2010 budget.  If the Sheriff’s Office is unable to designate matching funds, the grant will not be accepted. 

ITEM 12  TARHEEL SHORES SUBDIVISION PRELIMINARY PLAT REVIEW

Donna Creef, Senior Planner, gave a brief overview of the Tarheel Shores subdivision and presented the request for approval of the preliminary plat. The total acreage of the site is approximately 6.61 acres and proposes 14 lots. She noted the Planning Board had reviewed the proposed preliminary plat and voted to recommend approval by the Board including four conditions as outlined in the agenda notebook.  Commissioners voted to approve the preliminary plat for the Tarheel Shores Subdivsion with the conditions set forth by the Planning Board.

ITEM 13  REQUEST TO SCHEDULE PUBLIC HEARING FOR MH-B TEXT AMENDMENT FOR BEACH BINGO

Donna Creef, Senior Planner, presented Ms. Crystal Crockett’s request for a Public Hearing in order to amend the text of the MH-B Zoning District in Manns Harbor in order to add “Beach Bingo” to the list of uses permitted. She briefly explained “Beach Bingo” as a commercial venture that operates differently under State regulations than Bingo offered by non-profits.  Ms. Creef said that there was a great deal of opposition to this from the community when a public hearing was held by the Planning Board and the Planning Board voted against this amendment.

Commissioners voted to schedule a Public Hearing for this MH-B text amendment for “Beach Bingo” on February 16 at 6:30 p.m.   

ITEM 14  REQUEST TO SCHEDULE PUBLIC HEARING FOR VC-2 TEXT AMENDMENT FOR TATTOO STUDIOS

Donna Creef, Chief Planner, presented David and Elizabeth Bein’s request for a Public Hearing in order to amend the VC-2 district to add tattoo studios to the list of permitted uses in that district. She explained that the Planning Board held a Public Hearing regarding this matter, speakers spoke in favor, and the Planning Board voted to approve this text amendment.  Commissioners voted to schedule a Public Hearing on February 16 at 6:30 p.m. for VC-2 text amendment for tattoo studios. 

ITEM 15  RESOLUTION SUPPORTING POST-LABOR DAY SCHOOL START

Attorney Bobby Outten presented to the Board a Resolution Supporting Post Labor Day School Start.  Discussion was held.  Vice Chairman Burrus spoke in opposition after pointing out state requirements that the local school system has to meet.  Following discussion, Commissioners approved the resolution.

ITEM 16  APPOINTMENT OF LEGISLATIVE LIAISON TO THE NCACC

County Manager Wheeler explained the Board would need to choose a Legislative Liaison to the North Carolina Association of County Commissioners for the 2009-10 legislative biennium.

Commissioners voted to appoint Commissioner Virginia Tillett as the representative.

ITEM 17  CHALLENGE TO INSURANCE COMMISSION RATE PLAN ON NOVEMBER 21, 2008

County Attorney Bobby Outten explained on December 19, 2008 in an emergency session, the Board authorized the County Attorney to retain the firm of Williams Mullen to file the necessary documents to challenge the Insurance Commissioner’s action of November 21, 2008.

He presented an engagement letter, conflict waiver letter and consent to joint representation letter. Commissioners approved the letters and authorized County Attorney Bobby Outten to execute the letters.

ITEM 18  UPDATE ON OREGON INLET

ITEM 19 CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval Of Minutes (12.1.08 & 12.19.08)
2. Resolution 08-11-37A – Salvo Fire Department Purchase
3. Budget Amendment – Missed Carryover in Parks & Recreation
4. Social Services Budget Amendment – Crisis Intervention Program Funding
5. Social Services Budget Amendment – Medicaid Direct Transportation Funds
6. Resolution Water Resources Grant Application Rodanthe Public Beach Access
7. Budget Amendment – Stumpy Point Sewer Project

ITEM 20 BOARD APPOINTMENTS

1. Dare County Tourism Board
   Commissioners appointed Sterling Webster as the Outer Banks Hotel/Motel Association representative and appointed Dave Wessel as the Town of Duck representative.
2. Older Adult Services
   Commissioner reappointed Commissioner Tillett for another two-year term, and appointed Gisele Mead to fill the unexpired term of Lynda Hester.
3. Nursing Home Community Advisory Committee
   Commissioners reappointed Commissioner Virginia Tillett to a three-year term as exofficio member.

ITEM 21  COMMISSIONERS’ BUSINESS
Commissioner Mike Johnson – he has talked to First Flight High School and an oyster hatchery program similar to the one demonstrated this morning will be starting soon.

Side caster is working on the bar at Oregon Inlet this week.

The breakfast this morning from the NC Watermen United was offered as a thank you to the Board for their work on fisheries issues.

Attached is a sample resolution from Carteret County opposing Amendment 16 to the Magnuson-Stevens Fishery Conservation and Management Act and asked the Board to support this.  The Board approved the resolution for Dare County. 
 
Commissioner Max Dutton – appreciates those receiving service pins today and congratulated John Daniels as employee of the year and Carl Rhodes as employee of the month for January. 

Great presentation on the oyster hatchery.

He referenced the letters received from students at FFHS, and asked that they attend a meeting so that questions can be answered. 
 
Commissioner Virginia Tillett – Happy New Year to everyone, including county employees.

Congratulations to John Daniels for a job well done over many years.

Thanks to the Watermen for breakfast this morning.

Students from CHSS did an excellent job this morning with their presentation.

She asked to be excused from the next meeting since she hopes to attend the inauguration in Washington.   

Commissioner Richard Johnson – oyster hatchery presentation was very good.  He wonders if oyster reefs might be used instead of bulkheads. He thinks it is a very good program.

Commissioner Jack Shea - complimented those receiving service pins, the employee of the month and John Daniels, employee of the year.

He very much enjoyed the presentation from students and hopes that it will encourage others to preserve our resources. 

Vice-Chairman Allen Burrus – Congratulations to John Daniels and Tim Rhodes.  He appreciates all that the MedFlight crew does.

There are problems with ditches on Hatteras Island because many are wooded.

Need to continue to work on the issue regarding fencing for pits.

There are excellent programs at CHSS and he particularly likes the oyster hatchery program.  Students are up early, involved and enthusiastic.  He would like to see this everywhere.

NOAA has had scoping meetings to expand the Monitor National Marine Sanctuary.  He provided information because it could affect trawl boat fishing and we need to know how they feel about this proposal before we take a stand. See attached information.

He is glad that dredging is taking place at Oregon Inlet and also that dog fishing is keeping some local fishermen working.

Mental Health situation is in dire straits and we need to be supportive and not negative.  We need to be prepared to help people.  It has never been enough but at least it has been there and now things are not looking good. 

Chairman Warren Judge – Negotiated rulemaking meetings are scheduled at the Wright Brothers Memorial on Tuesday and Wednesday.  Public comment will be held at noon each day and at 5 p.m. on Tuesday.

Waterfront Access Grant - appears that the owner of Manns Harbor Marina and the state of NC have reached an agreement and it looks like the state will purchase the property for preservation by the State.

Joint Committee on Beach Access has met. Board members will soon receive narrative for the preserve beach access website.  He asked everyone to take a few minutes to read through it carefully since it takes a position and provide all feedback.   He said that members from public are needed on that committee.  Not anything definitive right now, but would like freedom to build that committee to enhance resources.

The plan is for the Board to begin meeting in the new meeting room on February 2 and we need to get press releases out locally.   
 
ATTORNEY’S BUSINESS
Requested to add litigation matter (Outer Banks Construction v. Dare County) to today’s closed session. 
 
MANAGER’S BUSINESS
No business
 
ITEM 22 UPCOMING BOARD APPOINTMENTS FOR FEBRUARY

1. Aging Advisory Council for the Albemarle Commission
2. Planning Board

ITEM 23 CLOSED SESSION – APPROVAL OF MINUTES (12.1.08 & 12.19.08) & DARE COUNTY VERSUS NC INSURANCE COMMISSION
The Board voted to go into closed session to preserve the attorney client privilege in Dare County v. North Carolina Insurance Commission and Outer Banks Construction v. Dare County.  Following the closed session, the Attorney reported that the Board gave direction to the Attorney with regard to the matters listed above.

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