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 5 p.m. on February 16, 2009 in the new meeting room at the Dare County Administrative Annex located at 954 Marshall Collins Drive 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 Judge called the meeting to order and allowed Commissioner Virginia Tillett to provide information about a recent newspaper article announcing her selection as a Presidential Elector.  She did not realize that she would not be allowed to serve as an Elector and a County Commissioner.  She thanked Senator Basnight, Speaker Joe Hackney and members of the General Assembly for passing necessary legislation to enable her to continue to serve as County Commissioner.  She said that her first responsibility is, and always has been, to the citizens of Dare County.  Chairman Judge called on Vice Chairman Allen Burrus to offer prayer.  Junior Girl Scout Troop 2356 and Troop leader Katherine Herzing led the pledge of allegiance to the flag.  

ITEM 1 – PUBLIC COMMENTS

2)    Lindsey Meekins of Manteo spoke about the banning of pit bulls.  She is a pit bull owner.  Kitty Hawk does not have an animal control officer.  She said that she thinks that the pit bulls involved in the Kitty Hawk attack should have been euthanized, but not all pit bulls are like that.  She has an insurance policy for her pit bull.  She feels the need to strengthen laws regarding animal control, but feels pit bulls should not be banned.  She is willing to do whatever necessary to keep her pet.

4)    John Stockton, Town Manager of Kitty Hawk, spoke about the dangerous dog ordinance being considered.  The Town feels there could be some modifications to strengthen the ordinance.  He reviewed the incident that occurred in Kitty Hawk and said that in similar circumstances, they would like something that would allow the dogs to be impounded until a hearing is held.  The Town of Kitty Hawk would like to mirror the ordinance that the County adopts. 

6)     James Hilliard of Manteo spoke in support of the dirt bikes.  These kids are not bothering anyone.  There is just one house on the road that has a problem.  It should never have been brought to the Board, according to the ordinance.  Things have been exaggerated.  Please allow the kids to ride their bikes. 

8)    Heather Akers of Nags Head spoke about the dog ordinance.  She understands the concern but wants useful legislation. Pet owners are responsible for the actions of their animals. 

10) Rachel Johnson of Holly Ridge Road said that they are ready to get this taken care of.  Many rumors concerning this issue.  Many things have been said that are not true. 

12) Greg Spencer of Holly Ridge Road lives next to the riding area and said there seems to be a war of wills.

14) Lisa Pinowski spoke about breed specific legislation.  Dare County is known as a dog friendly place and breed specific legislation may hurt tourism.  A fine and court costs would get people’s attention. 

16) Buddy Newel of Colington owns a Rottweiler.  He suggested punishing owners who are irresponsible but not the larger breeds.  He does not want to be punished because there are irresponsible dog owners in Kitty Hawk.   

18) Ivey Johnson of Manteo said there are 40 people from Holly Ridge that support bike riding in Holly Ridge.  The noise, unless you are looking for it, is not a problem. 

20) Carol Reece of Holly Ridge Road spoke in support of the kids riding bikes.  She is concerned that the hometown feel will be lost. 

22) Robert Moody of Holly Ridge Road lives near the bike track and he does not think it’s a problem at all.

24) David Bryans of Wanchese spoke about the lack of activities for young people in Dare County.  Give the kids something to do – allow these types of activities. 

ITEM 2 – PROCLAMATION – DARE COUNTY DEPARTMENT OF PUBLIC HEALTH AMERICAN HEART MONTH 

County Manager Wheeler introduced Laura Willingham, Health Education Supervisor and Coordinator of Healthy Carolinians of the Outer Banks, who represented the Heart Disease and Stroke Task Force. She read a proclamation requesting February 2009 be declared as American Heart month in Dare County. Commissioners adopted the Proclamation as presented.   

ITEM 3 – THE VILLAGE AT CAPE CREEK – PRELIMINARY PLAT REVIEW

Donna Creef, Chief Planner, presented the Village at Cape Creek’s preliminary plat (see attached) for review by the Board. This plat would consist of 3.89 acres segmented into five (5) lots. There will be a new road (Cape Creek Court).  She explained water to the sites would come from Dare County and sewer would be on-site septic tank/drainfield systems. She explained the Planning Board recommended approval subject to any conditions from NCDOT regarding access to lot five (5). Questions were answered regarding access for two existing units and clarification on the long term plan for the property. 

Commissioners voted to grant preliminary approval for the proposed subdivision with recommendations from Planning Board and staff in place. 

ITEM 4– LIGHTHOUSE ASSEMBLY OF GOD CHURCH – CUP AMENDMENT

Ms. Creef presented a revised site plan and CUP amendment for the Lighthouse Assembly of God Church in Buxton, NC. She explained the Church has acquired additional land adjacent to the site and asked to incorporate this land into the site plan. She stated the Planning Board reviewed the revised site plan and CUP amendment and voted to recommend approval of the draft amendment. The plan was approved by the Commissioners.  Staff was asked to take extra precautions since this is located in the Special Environmental District. 

6:30 P.M.       PUBLIC HEARING
ITEM 5 – VC-2 TEXT AMENDMENT TO ADD TATTOO STUDIOS           

AT 6:30 P.M, THE DARE COUNTY BOARD OF COMMISSIONERS HELD A PUBLIC HEARING TO RECEIVE INPUT CONCERNING A VC-2 TEXT AMENDMENT TO ADD TATTOO STUDIOS TO THE LIST OF PERMITTED USES IN THIS DISTRICT.

The following speakers appeared before the Board:

1)    Glenn Rainey asked the Board to vote in favor of this request.  He said that it is refreshing to see a new business requesting to do business in Dare County.

2)    Bryan Seawell of Colington Harbor said this is a small community and it is refreshing to see someone starting a small business. 

3)    Wally Odom said that these are wonderful people with a tremendous reputation in the community.  He is in favor of this establishment.

4)    Max Sonnino spoke in favor of the tattoo parlor and looks forward to future businesses.

5)    David Cheesman of Nags Head spoke in support of the tattoo studio and said that he considers the applicant ethical and moral.

6)    Jessie Etheridge of Manteo spoke in support of the tattoo shop in Colington.  He said that the Beins are a loving and caring family who are very talents and conscientious professionals. 

7)    Frank Glassen, pastor to the Beins, spoke in favor of the tattoo shop and the applicants.  He said that they are a phenomenal family who has a great love for Jesus Christ and the community.  

8)    Morrison Buller of Knuckle Up Fitness spoke in support of the tattoo shop.

9)    David Bein, applicant, requested the text amendment to allow tattoo parlors in this district.  He has received his mastery for tattooing and is very involved in the community. 

10) Mary Elizabeth Byne submitted a petition with over 300 signatures in support of the text amendment adding tattoo studios to the list of conditional uses. 

Commissioners voted to approve the proposed VC-2 text amendment for tattoo studios and associated definition be approved as recommended by the Planning Board. They found the amendment to be consistent with the policies of the 2003 Dare County Land Use Plan and other officially adopted plans of Dare County that are applicable by providing goods and services to the residents and visitors of Dare County. 

ITEM 6 – COUNTY ORDINANCES REVIEW – MOTORIZED OFF-ROAD RECREATION EQUIPMENT USE

Mr. Sturza explained based on instructions from the Board at the October 6, 2008, Board meeting, the Planning Board and staff reviewed the existing County ordinances to determine whether motorized off-road recreation equipment is included in the list of permitted uses for residential districts. This use was not listed as permitted or as a conditional use and therefore is not authorized for that district. Planning staff proceeded to draft an amendment and hold a Public Hearing on the draft language. The Planning Board tabled the item and staff made adjustments to the language based on the comments from the Public Hearing and from the Planning Board. This version was presented back to the Planning Board and was approved (AYES 4, NOES 3). Mr. Sturza presented four (4) resulting options to the Board:

1)    Continue to rely on the Noise Ordinance to address the operation of motor vehicles and motorcycles. The Sheriff’s Department would be responsible for the enforcement of the ordinance and would handle complaints case by case with noise ordinance citations being issued by the responding officer.

2)    Amend the Dare County Zoning Ordinance to exempt the operation of motorized off-road recreational equipment, hold a Public Hearing on the matter, and approve language that adequately addresses the issue.

3)    Make changes to the draft language approved by the Planning Board.

4)    Take additional time to review the draft language and consider alternatives. The item would then be rescheduled for a later date.

Extensive discussion was held followed by a decision by Commissioners to hold a Public Hearing on April 20 at 6:30 p.m. for DRAFT VERSION 2 (Attached) and DRAFT VERSION 2 ELIMINATING B, E and F.   

ITEM 7 – UPDATE ON CURRENT BUDGET AND ADDITIONAL RECOMMENDED ACTIONS

Mr. Dave Clawson, Finance Director, presented an update on the current year’s budget. He explained that actions needed to be taken to compensate for lower than anticipated revenues due to a weakened economy. He recommended Total Budget Reductions of $2,186,684 in light of an Estimated Budget Deficit of $2,958,000 leaving a projected shortage of $771,316.

The Commissioners approved Mr. Clawson’s request that the Amended Budget be approved with recommended changes.  See attached presentation for details.   

ITEM 8 – CAPITAL RESERVE FUND PROJECTION UPDATE AND CLOSEOUT OF SCHOOL CAPITAL PROJECTS

Mr. Clawson explained the land transfer tax decreased 29.11% during the July 2008 and December 2008 time period. He noted November 2008 had the lowest amount of collections since November 1999. As a result, the Finance Department has projected the capital improvements plan (CIP) for fiscal years 2009 through 2013 at no increase for FY’09, and a 5% increase for the years following. After subtracting $750,000 reserved for the Emergency Communications System upgrade, he displayed the projection data as a deficit of $616,907 in 2009 growing to $12,004,020 by 2013 with approved projects. Without projects, the deficit would decrease and provide a surplus of $180,995 by 2013.

In addition, Mr. Clawson presented school capital projects that are ready to be closed out. The Board originally transferred $7,773,261 out of the Capital Reserve Fund for the projects. Due to a greater sales tax reimbursement than expected, expenditures coming in under budget, and construction fund interest income over budget, $1,589,592.55 is available to be transferred back into the Capital Reserve Fund.  The Commissioners approved the motion to adopt the amendment to the Capital Project budget ordinance.  

ITEM 9 – TRANSFER OF REMAINING ELIGIBLE AMOUNT OF E911 FUND BALANCE

Mr. Clawson explained Session Law 2007-383 authorized the County to use the fund balance of E911 funds as of 1/31/8008 for any lawful purpose. He reminded the Board they approved $750,000 for the Emergency Communications System upgrade and transferred this amount into the Capital Reserve Fund. They also approved $247,563 for the Law Enforcement Officers’ Special Separation Allowance and transferred this amount to the LEOSSA Pension Trust Fund. After the final reconciliation was performed, an additional $23,200 is available for transfer out of the fund. He recommended this amount be transferred to the Law Enforcement Special Separation Allowance Fund to help make up for the reduced current year transfer from the General Fund. The motion was approved by the Commissioners. 

ITEM10 – AMENDMENTS TO SOLID WASTE AUTHORITY CONTRACT

County Attorney Bobby Outten explained since the solid waste agreement was approved, several changes have taken place: the inception date has changed, the date that each entity is required to adopt a franchise agreement has been extended, and all members are now authorized to operate their own C&D landfills. He assured the Board none of these changes had any substantive impact on Dare County or its municipalities. The Commissioners approved the amendments to the solid waste agreement as presented. 

ITEM11 – DANGEROUS ANIMALS ORDINANCE

Attorney Outten presented a proposed dangerous animal ordinance which extends the ordinance beyond dangerous dogs to additionally apply to any dangerous animal.  This new ordinance would allow Animal Control to impound a dangerous animal and ultimately destroy a dangerous animal once process is followed to determine that it is dangerous.  He noted that this is an absolute ordinance requiring an animal to be destroyed if it is determined dangerous.  It has safeguards in place allow animal owners to bring an issue before an Animal Board, and appeal to a Superior Court Judge for review.  He explained this was just the initial ordinance and does not address breed specific issues. He noted breed specific legislation will be presented at a later date. Commissioners approved the ordinance with the following modifications – changing the definition from severe injury to serious injury and to allow immediate impoundment of a dangerous animal upon probable cause by the Animal Control Officer. 

SPCA Director Denise Lambiotte shared her concern of stating all dangerous animals be euthanized once declared dangerous and Commissioners expressed their belief that due process is in place with the ordinance.   

ITEM12 – FARMING LEASE AT C&D LANDFILL

Attorney Outten presented the proposed five (5) year lease for the area of the C&D landfill that the County is required to farm. He explained the lease is very similar to years past; however, this lease includes: 1) the farmer is required to plant at least 40 acres of corn, 2) the farmer must leave at least 40 acres of corn unharvested for the waterfowl program, and 3) Dare County is allowed to remove acreage at their discretion with a corresponding rent reduction. He noted the farmer has reviewed and approved the lease. The motion was approved by the Commissioners. 

ITEM13 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1. Approval Of Minutes
2. Budget Amendment Health Department – Additional WIC Funds
3. Budget Amendment Health Department – Breast and Cervical Cancer Control
4. Budget Amendment Health Department – Additional Family Planning State Funds

ITEM14 – BOARD APPOINTMENTS

1)    Fessenden Center Advisory Board

Commissioners voted to appoint Rev. Cory B. Oliver to fill the unexpired term of Rev. Charles Moseley.

2)    Dare County Youth Council

Commissioners appointed Matt Witter to fill the unexpired term of Katherine Irby. 

ITEM15 – COMMISSIONERS’ BUSINESS 

Commissioner Virginia Tillett - She reported that she went to Hertford to accept a check for $400,000 from the North Carolina House and Finance Agency.   She asked Board for permission to get more info on the grant (criteria, etc).  Jenny Gray Jones will be asked to do this.

March 27 – State of the Older Adult Conference will be held at the COA campus beginning at 8 a.m.  Let the Committee know if there are any seniors that need information about the conference.

Social Security Office – The County Manager received notice that they would not establish a local office.  She requested the Manager to write them one more time requesting an office.  Our senior population does not use the internet and therefore cannot take care of business online.

The former Board of Elections office in downtown Manteo is being turned into a Youth Center.  Sunday, March 8 at 3 p.m is the ribbon cutting/open house. 

Roanoke Island/Community Center – The committee recently met and one item on the agenda was to come up with a name for the facility and it was suggested that it be called the Dare County Center.  The Board voted to approve the name as presented.  

Friday, March 5 is the Freedmen’s Colony Blues Jam at Roanoke Island Festival Park. 

Vice Chairman Allen Burrus – The Board approved the attached Resolution Supporting the Creation of an Insurance Commission.  

Asked Commissioner Mike Johnson to speak about LAPPs (Limited Access Permitting Program) and how it affects local fishermen. 

Thanked Finance Director David Clawson for his hard work with the budget and his ability to make large concessions without the loss of jobs.

Apologized for being behind on responding to emails due to his daughter’s recent surgery. 

Asked for an update regarding the Coast Guard base and housing.  Chairman Judge said that they are waiting for the appraisal on the housing and a more in depth Environmental Impact Statement. 

Reported that while conditions are better at Oregon Inlet, there are still problems with boats entering and exiting the inlet.  He stressed the need for more Federal dollars to address the issues. 

Commissioner Richard Johnson - No comments 

Commissioner Jack Shea - He and Commissioner Dutton discussed coastal erosion with Senator Basnight and commented that he and Commissioner Dutton attended a coastal erosion meeting in Morehead City recently. He will continue to press the issue to see what can be done to save our coastline.   

Commissioner Mike Johnson - Answered Commissioner Burrus’ questions regarding LAPPs. He explained that LAPPs (Limited Access Permitting Program) was voted on by the NC Division of Marine Fisheries and sent to the Commission of Seafood and Agriculture for approval.  This program would gather trip ticket data; decide who the historic rockfish fishermen are in Dare County, and pass out quotas based on this data.  While the program provides fewer restrictions, it gives the Director too much power in that he can determine who the fishery is and does not allow for fishermen to move into other fisheries.  Environmental Defense is supporting this issue in an attempt to divide and conquer large groups of fishermen.  The Dare County Commission on Working Watermen has not voted on this issue, but Commissioner Johnson thinks the bill may die in the Senate.  He noted the next issue to tackle will be the attempt to extend the EEZ which is currently three miles to twelve miles.  By extending the EEZ to twelve miles, many commercial fishermen will be able to go back to work. He thanked the Board for their continued support for the Working Watermen Committee. 

Commissioner Max Dutton - Thanked Dare County department heads for efforts to help with budget reductions and thanked the Board of Education for their willingness to also help. 

Chairman Warren Judge – He and Attorney Outten met with the Army Colonel, Mayor Renee Cahoon of Nags Head, NH Town Manager Charlie Cameron and Assistant Town Manager Cliff Ogburn to discuss three options for beach projects. 

He spoke about the REG NEG process and the integration team that was appointed.  asked for lobbying help in keeping beaches open because he felt there were no current negotiations due to some members refusing to compromise.  He said that closures at the Cape Hatteras National Seashore Recreational Area may occur as early as March 16. 

He shared his appreciation for Dare County EMS who aided him in a recent situation.

ATTORNEY’S BUSINESS

Resolution proposed by Ken Flatt to apply for stimulus funds for shovel-ready water project was approved by the Commissioners. 

Request for grant application approval by Lee Wren for the Manns Harbor property was made. The Board approved the request. 

Resolution Supporting House Bill 9 Making Text Messaging While Driving Unlawful was presented and approved by the Board. 

Dare County Dialysis Center is leased to Pitt Memorial Hospital who in turn subleases to Tidewater Kidney Specialists.  The Board approved the renewal of the sublease as presented. 

MANAGER’S BUSINESS

None 

ITEM16 – CLOSED SESSION – APPROVAL OF MINUTES

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

The Dare County Board of Commissioners adjourned until 9 a.m. on March 16, 2009.

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