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 March 16, 2009 in the Dare County Administration Building at 954 Marshall Collins Drive in Manteo.  Commissioners present were: Warren Judge, Allen Burrus, Mike Johnson, Max Dutton, Jack Shea, Richard Johnson, and Virginia Tillett.  Also present were County Manager Terry Wheeler and County Attorney Bobby Outten.  Chairman Judge called the meeting to order and invited former County Commissioner and former Chairman of the Board Moncie “Punk” Daniels to share a prayer, and then led the pledge of allegiance to the flag.  

Chairman Judge asked the Board to amend the agenda to include proposed Roanoke Island Water Expansion presentations by engineers: CDM, Albemarle and Associates, and The Wooten Company. The Board agreed and the agenda was amended to add Item 9A. 

ITEM 1 – PRESENTATION OF COUNTY SERVICE PINS

No county service pins were presented. 

ITEM 2 – EMPLOYEE OF THE MONTH – MARCH 2009

James Basnight of Dare County Turf Maintenance received the Employee of the Month certificate for March 2009 from Ron Mills. James has worked with Turf Maintenance since 1989.  He is a man devoted to his work, his family and his church.  He takes initiative, and has become a master gardener and certified pest applicator.  He has a hand in turf maintenance at every county building throughout the area.  He does it all.  James has an excellent disposition, resourceful, and overcomes obstacles.  He is friendly and always has a pleasant greeting for everyone he meets.   

ITEM 3 – PUBLIC COMMENTS

1) Punk Daniels spoke on behalf of the State of the Older Adults Conference that is scheduled to take place on Friday, March 27 beginning at 8 a.m.  There are four breakout sessions, all focusing on issues facing seniors in our community.  There is no charge to attend the conference.  It will be held at COA across from Chesley Mall.  An opportunity to come in and share their needs and wants.  Registration forms are available in the lobby of the County Administration Building.  He encouraged folks to preregister but said no one that shows up on March 27 will be turned away.  How are our older adults?  That’s what we need to know to make life better for them?

2) Kevin Connor of Hatteras Village asked for help with legislation regarding a marriage amendment that has received bipartisan support in the General Assembly, but has not been brought forward for a vote.  Asked for support of a petition that would allow the citizens of North Carolina to vote on this important issue.

3) Joann Throne of Coastal Harvesters on Hatteras Island spoke about the new initiative to help develop strategies for community development.  Community support has been overwhelmingly enthusiastic.  Hatteras Island Farmers market will begin operating one morning each week this summer.  It will promote the use of NC products and strengthen community bonds.  Extended an invitation for local fishermen to participate, but this would involve work with seafood retail sales 

Also need to work with county on signage issues.

4) George Mendelson of Colington spoke about the issue of dangerous animals.  He read the minutes of the Board’s last meeting when the ordinance passed and he felt the need to ask the Board to reconvene the animal ordinance committee to review issues surrounding the matter.  The new animal ordinance is an absolute ordinance that requires an animal determined to be dangerous to be destroyed.  He thinks the Board understands that under the new ordinance limits the description of a dangerous dog to four conditions.  The history of the animal and/or efforts of the animal are not considered as part of this determination.  He asked the Board to have the new ordinance reviewed by the Animal Ordinance Committee so an owner has an opportunity to provide remedy.   

ITEM 4 – CITIZEN’S GUIDE PRESENTATION

Jane Welch, Citizen’s Guide, presented the most recent edition of the Citizen’s Guide for 2009 to the Commissioners. She thanked the Board for their support of the publication and asked pointed out that contact information for most officials in various towns, Dare County, the state and federal.  The League is a nonprofit non partisan organization. 

ITEM 5 – OUTER BANKS SCENIC BYWAY COMMITTEE

Mary Helen Goodloe Murphy, Outer Banks Scenic Byway Committee, explained on November 18, 2004, the Dare County Tourism Board set aside restricted fund monies to be used for pathways in Hatteras Island’s villages. She requested permission to apply for these funds to help with construction costs for the 1.5 miles of off-the-road pathway along Buxton Back Road.  She noted Dave Clawson, Finance Director, would be applying on behalf of Dare County.  The Board approved submitting the application to the Dare County Tourism Board.    

10:00 A.M.     PUBLIC HEARING

ITEM 6 – COMMUNITY TRANSPORTATION PROGRAM GRANT

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

No one came forward to speak.

Commissioners adopted the authorizing Community Transportation Program FY2010 Resolution, Section 5311. 

10:00 A.M.     PUBLIC HEARING

ITEM 7 – SUBDIVISION ORDINANCE AMENDMENT

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

No one came forward to speak.

This amendment would offer more flexibility to property owners in the recombination of lots that are non-conforming in lots size (less than 15,000 square feet). The Planning Board discussed the proposed amendment and voted unanimously to recommend approval.

Commissioners voted to amend the Subdivision Ordinance as proposed. They found this amendment to be consistent with the policies for growth and development in the 2003 Dare County Land Use Plan and other officially adopted plans of Dare County that are applicable and in the public interest of Dare County in that this amendment provides alternative for the recombination and use of previously recorded non-conforming subdivision lots.  

10:00 A.M.     PUBLIC HEARING

ITEM 8 – REVISIONS TO NUISANCE ORDINANCE

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

Winkie Silver of Wanchese asked questions about the proposed ordinance. He said junk is defined as unusable items but many items that he deals with in business, that some might call junk, are used by him.  Many of the items included in the ordinance are recyclable and reusable.  An abandoned boat would be considered junk and he said that some of the wording and details regarding investigations and notices need to be addressed before the Board adopts this ordinance.  He would be willing to sit on Committee to work on this issue. 

Senior Planner Donna Creef explained the current Nuisance Ordinance is used in circumstances that represent an imminent or immediate threat to public health, safety and welfare. The amended ordinance would allow for application in situations that represent potential threats to public health and safety. Possible situations would be where the accumulation of junk and trash would create the likelihood of vermin and pest infestations. She explained the Planning Board had reviewed the revised ordinance in December of 2008 and recommended its approval.  She pointed out that a great deal of research went into drafting the proposed ordinance and the Planning Department does its best to work with property owners and to be reasonable.  

Commissioners voted to amend the proposed Dare County Nuisance Ordinance to exclude commercial areas dealing with reusable items.  Planning staff will bring back revisions for the Board’s consideration. 

10:00 A.M.     PUBLIC HEARING

ITEM 9 – 2005 SCATTERED SITE HOUSING GRANT

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

No one came forward to speak. 

Attorney Outten explained on Wednesday, March 11, five engineering firms made presentations to the Capital Improvements Committee (CIP) regarding the Roanoke Island Water Expansion project. The members recommended three engineering firms make presentation to the Board of Commissioners.  The three firms making presentations were CDM/Quible and Associates, Albemarle and Associates and The Wooten Company.  Questions were asked of each firm.  Following the presentations, the Board voted to authorize the Capital Improvements Committee to negotiate with CDM/Quible to develop a contract for the Roanoke Island Water Expansion Project.  Once developed, the contract will come back to the full Board for approval and execution.

ITEM 10 – UPDATE ON CAMPAIGN TO PRESERVE ACCESS TO AMERICA’S BEACHES

Gary Gross, Preserve Access to America’s Beaches campaign, gave the Board an update on the goals and activities of the campaign. He explained this campaign is directed by the Joint Access to America’s Beaches Cape Hatteras National Seashore committee in which three Commissioners are members: Chairman Judge, Vice-Chairman Burrus, and Commissioner Shea. He announced the launch of the campaign’s website (www.PreserveBeachAccess.org) explaining the various attributes of the site. He explained the grassroots response would be included in reports and requested public involvement in order to keep the beaches accessible. See attached presentation.  

ITEM 11 – GOVERNMENT ACCESS CHANNELS COMMITTEE BUDGET

Chris Baucom of Dare County Public Relations presented an amendment for the FY2008-2009 Government Access Channels budget which would utilize state funds to upgrade broadcast equipment and allow for a part-time employee for the channel. He also presented the FY2009-2010 budget for approval. Following the presentation, Commissioners approved the 2008-2009 amended budget for the Governmental Access Channels and the 2009-2010 proposed budget as presented.   

ITEM 12 – DEPARTMENT OF PUBLIC HEALTH – SUBSTANCE ABUSE DEMONSTRATION PROJECT UPDATE

Ms. Sheila Davies, Substance Abuse Project Manager, updated the Board on the Substance Abuse Demonstration project.  See attached presentation for details.     

ITEM 13 – K-MART SETTLEMENT OF TAXES

Attorney Outten stated in 2002, K-Mart filed a Chapter 11 Bankruptcy in the US Bankruptcy Court in the Northern Illinois district. At that time, they owned Dare County $13,718.12 in ad valorem taxes. The County filed the necessary proof of claims and has attempted to collect these funds since that time. The Bankruptcy Court discharged the claim, but after further negotiations, K-Mart has agreed to pay $11,156.90 as settlement in full. He noted he has contacted the Institute of Government and was advised Dare County could settle an ad valorem tax dispute for less than the claimed amount. He recommended the Board approve the settlement agreement.

Commissioners voted to approve the settlement agreement as presented. 

ITEM 14 – REPLACEMENT OF DOCUMENT IMAGING AND MANAGEMENT SYSTEMS SOFTWARE

Mr. Dave Clawson, Finance Director, explained after review and evaluation, the Finance and I.T. departments recommend that the County change to Tyler Total Content Manager for document imaging and the central document and file storage system. Staff feels this software has much better integration and functionality with other software used by the County. He noted the cost of the new software would be $55,640. Annual maintenance for the system in of the General Fund will be reduced by $16,852 in FY2010 and by $2,083 in FY2011. He also explained unallocated interest income in the Capital Projects Fund (#61) is available in the amount of $114, 426. Commissioners approved the capital project ordinance as presented.   

ITEM 15 – THE CENTER CAPITAL PROJECT AMENDMENT FOR EXERCISE EQUIPMENT

Mr. Clawson announced exercise equipment has been priced and the Board needs to establish a budget of $61,075 within the project ordinance for this amount. He noted the sources for these funds would be: project contingency line item within Older Adult Services Department budget ($22,358), interest earned in the debt proceeds construction fund ($11,065) and installment financing proceeds ($27,652). Mr. Clawson requested Board approval for the General Fund budget amendment and for the project’s capital project ordinance amendment.

Commissioners approved the General Fund budget amendment and the capital project ordinance amendment as presented.  

ITEM 16 – ADDITIONAL CURRENT YEAR BUDGET ACTIONS

Mr. Clawson announced after a request from the Board, the Dare County Board of Education agreed to a reduction in the current year local current expense funding from the County of $200,000. He also noted a budget reduction of $5,891 from the elimination of the employer 401k contribution which was not previously reflected. The total budget actions now stand at $2,392,665.  Commissioners adopted the budget amendment as presented.   

ITEM 17 – AWARD OF FY 2008-09 VEHICLE AND EQUIPMENT FINANCING

Mr. Clawson explained on March 5, the Finance Department received proposals for the financing of County vehicles and equipment which was approved in the fiscal year 2008-09 operating budget. The total amount to be financed is $1,531,902. He recommended awarding the financing to Wachovia Bank at an interest rate of 2.80% for 36 months. He also asked the Board authorize the County Manager, County Attorney, Finance Director, and Clerk to execute all the necessary documents.  Commissioners adopted the Resolution awarding the financing and authorizing the execution of all necessary documents.  

ITEM 18 – AMENDMENT TO ALBEMARLE REGIONAL SOLID WASTE MANAGEMENT AUTHORITY CONTRACT

Mr. Clawson noted the Albemarle Regional Solid Waste Management Authority Charter included Camden County as one of its members. Camden County is not a member and the charter needs to be amended to remove Camden County and to make other clerical changes consistent with the Solid Waste Agreement that was previously approved. He noted a copy of the amended Charter was included in the Agenda Notebook for the meeting.  Commissioners voted to approve the amended Charter.   

ITEM 19 – CONSENT AGENDA

Commissioners approved the Consent Agenda containing the following items:

1.  Approval Of Minutes for February 16, 2009
2. Department of Public Health Budget Amendment – Additional Family Planning State Funds
3. Budget Amendment – Glass Crusher Project/ Additional Grant Revenue and Related Costs
4. Budget Amendment – Phragmites Control
5. Budget Amendment  for Contribution for Insurance Rate Appeal
6. Budget Amendment – Shoes for Kids Program
7. Budget Amendment –Social Services Additional Crisis Intervention Funding
8. Budget Amendment for EFNEP Funds
9. Correcting Budget Amendment in Capital Projects Fund
10. Annual Fire Extinguisher Service Contract Renewal
11. Public School Capital Building Fund Withdrawals
12. Resolution in Support of the NCIC Safety Education Section
13. Animal Control MOU with Town of Kitty Hawk
14. Detention Center – USDOJ SCAAP Funding

ITEM 20 – COMMISSIONERS’ BUSINESS

Commissioner Mike Johnson – in response to Mr. Connors comments in support of a marriage amendment referendum in NC, he will bring this back to the Board at their next meeting if there is interest from Board members.

The Working Watermen Commission met last week and it was productive.  The LAPS issue worked in favor of local fishermen.  The Recreational Fishing Alliance was waging an effort that would have hurt commercial fishermen but that legislation died.  We will all begin hearing about opening the EEZ which would mean that rockfish could be harvested in the ocean again. 

The Working Watermen Commission will establish a subcommittee to name commercial catch in Dare County to market our seafood as a fresh viable protein source here in Dare County.  Please let him know if you are interested in joining this venture. Jamie Reibel is in charge of this initiative.   

The Commission is planning to cook seafood for the Legislature in mid May up in Raleigh. The goal is to offer seafood to Legislature every time that they are in session. 

Commissioner Max Dutton- Congratulations to the employee of the month James Basnight. 

Thanks to Punk Daniels for his work with older adult services. 

He attended the ribbon cutting for the new Youth Center in Manteo on March 8. Thanks to Carolyn Norman, Tim White and Commissioner Tillett for their efforts with this initiative.

The Board of Education has done an excellent job budgeting for next year in light of the tight economic times. 

Commissioner Virginia Tillett – The Youth Center that officially opened last Sunday is a great success.  Many children are enjoying the new building.  Volunteers are needed so please offer to help if you have any time.  

The State of the Older Adults Conference – she has enjoyed serving as the Board’s liaison for the event and she hopes that other Commissioners will be able to attend.

The JCPC needs support for adequate funding from the state.  Please put in a good word for the Council and their work if you have the opportunity.

Please remember that Dare Days is coming.  Board members have one month to submit names to be nominated for the award. 

Older Adult Advisory Board met last week and they were presented with the Social Security Office information.  Bobby Outten spoke to the group about the insurance issue and suggested that someone do this throughout the county since many residents may not be aware of what is happening. 

This is the 20^th anniversary for the Outer Banks History Center and there are programs planned throughout the year.

The district meeting for the NCACC closest to Dare County is April 8 at Beaufort County Community College.  Asked Commissioners to let Katie know if planning to attend so that she can take care of registration.

Town of Manteo did an excellent job on their newsletter.

There is a pancake breakfast at Applebee’s in Nags Head sponsored by the First Flight Cruisers this Saturday morning– a fundraiser for the Children and Youth Partnership.  Tickets are $5 each. 

Commissioner Richard Johnson – With the economy the way it is, he would like the Board to consider offshore oil drilling if state and local governments would benefit. He asked the Board to rethink their position on this issue. Commissioner Burrus commented that he feels the state committee should be fair and equitable on the issue rather than having representatives that are on one particular side.  County Manager Wheeler was asked to send Board members a list of the study members that have been appointed to serve on the state committee. 

Commissioner Jack Shea- Thanks to James Basnight as employee of the month and to other county employees who do such good jobs.

Echoed Commissioner Dutton’s comments regarding Board of Education.

Glad to see the Board taking steps to provide a reliable source of water for fire protection and for drinking on Roanoke Island. 

Vice-Chairman Burrus – Congratulations to James as the employee of the month. 

The Administration Building on Hatteras Island is open.  It might be a good example of why we don’t want to use local labor sometimes -- don’t want to trade quality and timeliness to spend money in the local area. 

Oregon Inlet – the dredging looks good.  There is also some dredging that will take at the south end of Hatteras Island.  Working with the state on Rodanthe Harbor and hope to work with Wildlife to place spoils for bird habitat, but dredging is critical. 

Preserve Beach Access – very pleased with the campaign that is being implemented. 

Thanks and congratulations to Omie Tillett as this year’s Living Legend.  He has wonderful memories of him. 

Hard times continue and we need to be proactive and encourage organizations to look outside the box to find more jobs both in and outside of the tourism industry.

Chairman Warren Judge – Governing Magazine has an article on the bridge that collapsed in Minnesota.  Encouraged other Board members to read it.

Negotiating rulemaking has ended.  The facilitators announced that they felt there was an impasse that could not be overcome.  There were two proposals presented on the final day.  One by the access group and one by the conservation/environmental group.  The access proposal received 17 yes votes, 2 abstentions (not counted as a vote against),   and 5 nos.  The conservation/environmental proposal had 5 yes votes, 3 abstentions, and 16 nos. 

The NEPA process begins now and NPS will present 5 alternatives and may possibly write a 6^th alternative based on reg neg.  Encouraged everyone to get involved and stay informed.  PreserveBeachAccess.org will be used as a tool to bring attention to the issue and gain legislative help and make a difference.   

ATTORNEY’S BUSINESS

Presented a budget amendment to accept funds from Perquimans County and Pamlico County to support the legal challenge to the Insurance Commission regarding fairness and equity for insurance rates.   

Presented an interlocal agreement to create an Inlet Committee to affect changes to current policy as it pertains to beach sediment management at ocean inlets.  Commissioners adopted the agreement as presented. 

Presented a request from NC20 to join the organization by paying 10 cents per capita and Commissioners approved the request.   

MANAGER’S BUSINESS

Reported that he approved a budget amendment to transfer travel funds from County Manager to County Attorney.  

ITEM 21 – UPCOMING BOARD APPOINTMENTS

1)    Health Board – 4 seats  (engineer, dentist, RN and at large) 

THE DARE COUNTY BOARD OF COMMISSIONERS ADJOURNED UNTIL 9:00 A.M. ON APRIL 6, 2009.

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