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 a.m. on February 2, 2009 in the Dare County Administrative Annex located at 204 Ananias Dare Street in Manteo.  Commissioners present were: Warren Judge, Virginia Tillett, Allen Burrus, Max Dutton, Jack Shea, and Richard Johnson. Also present were County Manager Terry Wheeler and County Attorney Bobby Outten. Commissioner Mike Johnson was absent because he was representing the Board at a meeting of the South Atlantic Marine Fisheries Commission.  Chairman Judge called the meeting to order and asked Pastor Ken Simpson of Manteo Baptist Church to offer prayer and then led the pledge of allegiance to the flag.  

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

1)   Debra “Debbie” Bratton, Income Maintenance Caseworker, received her 10 year pin from Theresa Edwards, Adult Services Supervisor.

2)   Susan Saulsbury, Social Worker III, received her 20 year pin from Theresa Edwards, Adult Services Supervisor.  

ITEM 2 – EMPLOYEE OF THE MONTH – FEBRUARY 2009

Marcy Mann, Land Transfer Department, received the Employee of the Month certificate for February from Michelle Evans, Tax Collector. Marcy has worked for Dare County for 25 years.  She is a hard worker, takes on extra work and is like having “four employees in one.”   

ITEM 1 – PUBLIC COMMENTS

1)   Mark Kent  of Kitty Hawk spoke about the incident in which his dog was slaughtered by two pit bulls inside his own home.  He expressed concern that the dogs that attacked were  released to their owner after she paid a $25 fine.  The dogs were later euthanized after an outpouring of public support.  He said that laws are needed to punish dog owners who are irresponsible.       

2)   Julie Perry of Kill Devil Hills spoke about changing the animal laws so that people feel safe in the community.  She offered suggestions including increased fines and allowing the SPCA more recourse when dealing with harmful animals.  She has hesitations about breed specific bans, and mentioned laws requiring owners to register dogs that are deemed aggressive, especially when they live near a school.  She offered to help in any way possible to strengthen laws regarding this issue. 

3)   Sallie Ackley of Kitty Hawk, owner of Heron Pond Montessori School, asked the Board to address the issues regarding dogs.  The laws need to be updated to protect citizens because there is a great amount of fear.  Laws will help protect citizens.  She presented petitions signed by workers and parents from her school.  One was to have the dogs euthanized which had already taken place and the second requesting the Board to update ordinances to be more specific allowing authorities power to enact protection.   

4)   Emma Muir of Kitty Hawk experienced a pit bull attack on her property in Kitty Hawk.  She was at home so her dog survived.  She supports stricter laws and regulations to allow the SPCA to take necessary steps to protect the community from dangerous animals.  She cited laws in some counties where owners are required to register the animals, pay higher fines, and hold liability insurance of $100,000.  She said that she does not necessarily support breed specific legislation but asked for laws to be researched and enforced to keep the community safe.   

5)   Jim Quinn of Roanoke Island spoke about a noise ordinance.  He is opposed to allowing ATVs in communities.  He asked Commissioners to enact a noise ordinance instead of allowing race tracks within neighborhoods.   

6)   Frank Jacob of Rodanthe/Salvo spoke about the public beach access in Rodanthe.  This is a high erosion area and it will create an enormous maintenance cost to the taxpayers.  He said the area is eroding at a rate of over 30 feet per year according to DOT.  He said that there is overwash and loss of other properties due to erosion in the area.  He does not believe this project will alleviate parking issues at the S curves and said that there are numerous beach access points in the villages and in the area between the bridge and Rodanthe. The parking issues that exist are due to the lack of state regulations preventing parking on the shoulders of the State roads.  He asked the Board to install a public boardwalk to the beach, but put infrastructure across the road by improving the Rodanthe harbor and the emergency ferry landing area.  He asked the Board to install No Parking signs at the S curves and signs directing traffic to the Rodanthe harbor and Community Center for public parking.   

ITEM 4 – OUTER BANKS MARATHON REPORT

Mike Kelly of the Outer Banks Marathon Committee gave a brief presentation regarding the results of the 2008 Outer Banks Marathon that was held on November 9, 2008. He said the economic impact for the 2008 event was $2.4 million.  The 2009 event is scheduled to take place on November 8.  He thanked Commissioners for their support of the event.  Vice Chairman Burrus asked Mr. Kelly about proceeds from the event.  Mr. Kelly said all proceeds stay within Dare County and are shared between the Outer Banks Relief Foundation and the Dare Education Foundation.   

ITEM 5 – 800 MHz COMMUNICATIONS SYSTEM

County Attorney Bobby Outten gave a brief presentation regarding the VIPER system and its ability to allow Dare County to come into compliance with the mandate to communicate with other counties throughout the state and US by 2013. After September 11, 2001, it became evident that communication systems across the United States were not adequate.  The original projected cost for a system in Dare County was $18 million.  After meeting with the Sheriff’s Department and Motorola, the County has found that some adjustments can be made to the State’s VIPER system that the state is building to allow Highway Patrol to communicate throughout North Carolina.  The adjustments will allow the system to be compliant with the new mandates.  Many issues have been addressed including identifying penetration in coverage, controlling the number of talk groups, built in redundancies to provide coverage if the site goes down, and expandability of the system.  One new tower in Stumpy Point will be required. 

He explained this system would cost an estimated $6.55 million dollars ($5.8 million for the system and $750,000 for a tower in Stumpy Point). Finance Director David Clawson provided an overview of the budget needed to support the project.  Discussion was held regarding the tower in Stumpy Point, funding sources, possible grants, and maintenance responsibility for the tower. 

Following discussion, Attorney Outten asked for authorization to proceed with sole source purchasing of the system under the provisions of 143-129(e)(4) and to solicit bids for any portions of the project for which competitive bidding is required.

The Commissioners authorized Attorney Outten to proceed with purchasing the system and obtaining bids as needed.

ITEM 6 – SUBDIVISION AMENDMENT – EXEMPTION STANDARDS

Ray Sturza, Planning Director, presented the Board with a draft amendment to the Subdivision Ordinance to address the recombination of non-conforming lots. This amendment would allow property owners to reconfigure existing lots which may be smaller than the current minimum lot size. He noted the Planning Board’s recommendation to adopt the amendment and explained the next step would be to schedule a Public Hearing.

Commissioners voted to schedule a Public Hearing for March 16, 2009 at 10 a.m.   

ITEM 7 – REVISED NUISANCE ORDINANCE

Ray Sturza, Planning Director, presented the Board with draft revisions to the Nuisance Ordinance that would expand the scope of the ordinance to include additional conditions that could be considered in nuisance proceedings. Existing situations must represent extreme or imminent danger to public health and safety. He explained a Public Hearing would be the next step in consideration of these revisions and answered a question from Commissioner Richard Johnson regarding Item 3 regarding accumulation of stagnant water or other conditions that may serve as breeding areas for mosquitoes.  Mr. Sturza will elaborate on the language to clarify the intentions.  Commissioners voted to schedule a Public Hearing on revisions to Chapter 98, Nuisances, for March 16, 2009 at 10 a.m.  

ITEM 8 – OUTER BANKS SCENIC BYWAY COMMITTEE FOR DARE COUNTY

Mary Helen Goodloe-Murphy, member of the Outer Banks Scenic Byway Committee, thanked the Board for holding the special called meeting on January 26, 2009, in which they selected Albemarle & Associates LTD as the engineer for the Buxton Back Road pathway project and authorized Dare County administrators to negotiate and sign a contract for the project. The Commissioners also authorized the application for a Safe Routes to School grant, and approved a resolution supporting this application. The last issue to be addressed was the agreement to enter into permanent right-of-way encroachment agreements with NCDOT for constructing and maintaining pathways in unincorporated Hatteras Island villages. Discussion was held about possible funding alternatives as the pathway project expands.  Following discussion, Commissioners voted to accept responsibility for the 500 feet of pathway maintenance and enter into permanent right-of-way encroachment agreements with NCDOT for constructing and maintaining pathways in unincorporated Hatteras Island villages, and asked the Attorney and Finance Director to research the cost of maintenance for these pathways moving forward. 

ITEM 9 – GRANT APPLICATION FOR OLD COURTHOUSE

County Manager Wheeler explained the Capital Improvements Planning Committee met with the Roanoke Island Historical Association and the Dare County Arts Council on January 14, 2009. The CIPC voted to recommend the Dare County Board of Commissioners give approval for the County, the RIHA, and the DCAC to apply for a NC Rural Center Grant under its Building Reuse Initiative Program for the old courthouse. He noted grants of up to $480,000 are available and the local match, due to current economic hardships, could be fulfilled through an in-kind grant administration.

Commissioners voted to allow the County, RIHA and the DCAC to apply for the Building Reuse Initiative grant. 

ITEM10 – RESOLUTION FOR CAPE HATTERAS NATIONAL SEASHORE RECREATION SPIT AND INLET BEACHES

County Manager Wheeler introduced Jim Keene, President of the North Carolina Beach Buggy Association, who presented a Resolution for Cape Hatteras National Seashore Recreation Area Spit and Inlet Beaches as Traditional Cultural Properties (TCP). This area would then be potentially eligible to the National Register of Historic Places. Mr. Keene said that he is asking the Park Service and the federal government to recognize and fulfill the original purpose of the area as the first National Seashore Recreational Area. 

Commissioner Richard Johnson expressed hesitation for fear that the designation might promote beach closures in the name of preservation.  Mr. Keene clarified and said that the resolution would specifically request that the area maintain beach access in order to continue to pursue activity that has taken place for many years.  Vice Chairman Burrus shared other benefits.  Commissioners directed the County Attorney to draft the resolution to reflect the letter from Mr. Keene and authorized the Chairman to sign the resolution once completed.  It will be sent to the people listed in the letter and to all mayors in Dare and Hyde counties.   

ITEM 11 – UPDATE ON OREGON INLET

Vice-Chairman Burrus offered an update on the Oregon Inlet progress stating that everything seems positive at this point.  

ITEM 12 – CONSENT AGENDA

Commissioners approved the Consent Agenda after discussion was held regarding Item 6.  Commissioner Richard Johnson expressed concern and disagreed with the financial commitment to hiring a new employee for the Preserve Access to America’s Beaches campaign.  

1)    Approval of Minutes (1/5/09 & 1/26/09)

2)    Budget Amendment – Dare County Public Health Dr. Anne F. Wolfe Mini-grant

3)    Budget Amendment – Dare County Public Health Healthy Carolinians of the Outer Banks

4)    NC Rural Center – 2008-09 Clean Water Grant Application

5)    Advertise 2008 Tax Year Liens

6)    Grant from Dare County Tourism Board for the Preserve Access to America’s Beaches Campaign 

ITEM13 – BOARD APPOINTMENTS

1)    Aging Advisory Council for the Albemarle Commission

Commissioners reappointed Brandi Rheubottom and Isabel “Bel” Pitcher for another two year term.

2)    Planning Board

Commissioners reappointed John Finelli and Dan Oden, Jr. for another three year term.

3)    Wanchese Community Center Board

Commissioners appointed Sally Defosse to fill the unexpired term of Patricia Austin.  

ITEM 14 – COMMISSIONERS’ BUSINESS 

Commissioner Max Dutton -   Appreciates the employees receiving service pins and Marcy Mann as employee of the month. He expressed condolences to the Kent family on the unfortunate circumstances pertaining to their beloved pet Jazz. He attended the Board of Education  meeting and has been asked to serve on their calendar committee.

Commissioner Virginia Tillett – Motioned to approve a resolution in support of House Bill 9 prohibiting texting while driving. The Board voted to approve the resolution. 

Frank Hester, Regional Adult Care and Nursing Home Advisory group Chair, toured Britthaven and Spring Arbor.  The facilities are acceptable and Britthaven is writing an image improvement plan.  She asked Mr. Outten to research one of the other legislative goals regarding Senate Bill 2 “Lottery School Capital Funds Formula” and explain this to the Board in order for them to offer support if appropriate. $400,000 was awarded to Dare County to aid in the improvement of senior citizens’ homes. Dare County’s application was submitted by the Albemarle Commission.  She asked the Board for direction for fund use and for volunteers to receive the check in Hertford on February 13.  Chairman Judge suggested Jenny Gray attend with Commissioner Tillett. 

JCPC and Older Adult Services held a meeting in January.  Older Adult Services and Tim White are working on bylaws to govern the operation of the three centers throughout the county.  JCPC’s budget is going to be cut and services will be affected.  She asked everyone to show opposition to the budget cuts on these services. 

The Roanoke Island Community Center group will met on Friday, February 6 at 10 a.m. in the Dare County Administration Building.  They will be deciding on a name for the building and asked for suggestions. 

She invited Commissioners to visit the new Youth Center in Manteo which will open later this month. 

She made sure everyone received a copy of the letter from Judith Fearing regarding “Read Across America” and invited all to read to the kids. 

Commissioner Richard Johnson -  Shared his concern of the Resolution Opposing Texting While Driving getting abused by law enforcement.

Commissioner Jack Shea  - Expressed appreciation to those receiving service pins and Marcy Mann as employee of the month.  He expressed appreciation to Mike Kelly and committee for the Outer Banks Marathon and for the economic impact that it has on the county.

Vice-Chairman Allen Burrus – Noted the photograph of Commissioner Tillett on the front of County Lines.  He thanked her and congratulated her on her endeavors. He noted problems with mental health providers for Blue Cross Blue Shield.  They have incorrect information and he asked staff to notify the state and ask them to take applications for additional providers. County providers are invested in BCBS and we need to ask them to open things up.

He motioned to approve a resolution in support of continual annual federal funding for the dredging of Oregon Inlet and the appropriation of money in the 2009 Federal Budget. The Board approved the resolution.   He congratulated Marcy Mann as employee of the month. 

He noted that the unemployment rate was at 12% in Dare County for December and it is predicted to be 15% in January.  No solutions currently, but encouraged the Board to do all they can do to help. 

He said that there are sidewalks in Hatteras currently and asked staff to investigate why the state maintains those sidewalks but won’t maintain the new Scenic Byway pathways.   

Expressed condolences on the death of Landry Gray – he was instrumental is helping with substance abuse treatment in our county and across the state.  Burrus extended his appreciation and admiration for Mr. Gray to his family.

Chairman Warren Judge – Thanked those who take time to attend the meetings and send messages regarding issues. He thanked IT employees who worked over the weekend to put maps together for Reg Neg meetings. 

Provided an update on the insurance issue– the motion filed by Attorney General to deny a hearing was approved by the Administrative Law Judge.  This has been appealed and will go to Superior Court Judge to review.  He has read the briefs.  Initial ruling did not go our way but we will continue pursuing other remedies.

Attorney Outten has been up and down the coast to address this issue with many coastal counties.  Hope to continue to get support from others.  Many are still addressing the issue.  Right now Onslow is in support but has not contributed money or joined as parties.  Most counties are on board and recognize the problem. 

He has toured the new Youth Center and it looks great.  The Commissioners are expected to begin meeting in their new meeting room on February 16. 

Chairman Judge spoke about the current challenges with the economy. 

ATTORNEY’S BUSINESS

Extensive discussion was held regarding the issue of dangerous dog legislation in light of the recent situation involving the death of a Labrador Retriever caused by an attack by two pit bulls in Kitty Hawk.  The County Attorney explained that he has done research and  now has a good understanding of how the County might address the issue.  He said the Commissioners have broad authority and can adopt legislation that will impound and euthanize dangerous animals and they can also adopt breed specific legislation.  He agreed to bring back a plan for the Board’s consideration based on feedback and comments received from Board members.

Mr. Outten asked the Commissioners to approve the signing of a letter by the Board Chair to Congress asking it not to allow an exemption requested by Expedia.com from having to pay local occupancy taxes. He explained that Dare County has been involved in litigation with Expedia in an attempt to collect those taxes over the past several years. The Commissioners approved the request. 

MANAGER’S BUSINESS

No business. 

ITEM15 – UPCOMING BOARD APPOINTMENTS

There are no upcoming Board appointments for March at this time. 

ITEM 16 – CLOSED SESSION – APPROVAL OF MINUTES

No closed session was held. 

The meeting was adjourned with the Commissioners planning to meet next in the new meeting room at the Administration Building on February 16, 2009, at 5 p.m.

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