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 December 1, 2008 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. Katie Smith, Clerk to the Board, called the meeting to order. She called on Steven Westcott of Coastal Family Church to offer prayer followed by the pledge of allegiance to the flag.

ITEM 1 – SWEARING IN CEREMONY
Merlee Austin, Dare County Clerk of Court, administered the oaths of office to Warren Judge, Allen Burrus, Mike Johnson and Richard Johnson.

ITEM 2 – ELECTION OF CHAIRMAN
Katie Smith, Clerk to the Board, conducted the election of Chairman of the Board.
The Board unanimously elected Commissioner Warren Judge as Chairman.

ITEM 3 – ELECTION OF VICE-CHAIRMAN
Ms. Smith turned the meeting over to Chairman Judge, who conducted the election of Vice-Chairman. Allen Burrus was unanimously elected Vice Chairman.

ITEM 4 – PRESENTATION OF COUNTY SERVICE PINS

1. Elizabeth “Liz” Campbell, Community Health Technician, received her 10 year pin from Sue Hewitt, In-Home Aide Supervisor for Social Services. Sue serves as In-Home Lead Aid and works with patients throughout the County.
2. Thomas “Tom” Nieman, Deputy Sheriff, received his 10 year pin from Rodney Midgett, Sheriff. Tom is a dog handler and works the beach district which is primarily Colington and Martin’s Point.
3. Edward “Jack” Scarborough, Deputy Sheriff, received his 10 year pin from Rodney Midgett, Sheriff. Jack is the Sergeant in the Hatteras District and is also a dog handler.
4. Erin Putnam, Telecommunicator I in the 911 Communications Center, received her 10 year pin from Rodney Midgett, Sheriff.
5. Bonnie Hooper, Detention Assistant Shift Leader, received her 15 year pin from Rodney Midgett, Sheriff. Bonnie serves at Corporal at the Dare County Detention Center and she trains new employees at the Detention Center.

ITEM 5 – EMPLOYEE OF THE MONTH
Martha Jones, Public Health School Nurse with the Dare County Department of Public Health, received the Employee of the Month Certificate from Anne Thomas, Health Director. Martha currently serves as the school nurse at First Flight Middle School. She has energy and enthusiasm that is infectious and is a mentor to new staff. According to Ms. Thomas, Martha recognizes that healthy children learn better. She has started a walking program to increase physical activity at the middle school and encourages healthy nutrition. Martha also co-chairs the Asthma Coalition and is a volunteer with the Dare County Friends of Youth program. It is evident that she is dedicated to improving the lives of young people.

ITEM 6 – PUBLIC COMMENTS
Jim Carolan of Frisco owns two and a half lots in Brigands Bay and would like to reconfigure them. He thought it would be an easy thing to do, but it is not. The issue has been before the Planning Board and there is a statute that governs changing the configuration. He has talked with Mr. Outten and he explained the statute but he would rather not go through that process.

He is planning to move a house from another lot in Brigands Bay onto one of the lots that he has there and keep the lot and a half.

The County Attorney explained that the two lots are substandard -- they were legal at one time but over time larger lots have been required. Mr. Outten explained the statute and said that the County’s ordinance would have to be changed to allow this reconfiguration to happen.

Mr. Carolyn said that if he is allowed to move forward with this project it will allow him to keep some workers employed over the next few months and he appreciates anything that the Board can do.

10:00 A.M. PUBLIC HEARING
ITEM 7 – C-3 TEXT AMENDMENT FOR BIODIESEL FUEL PRODUCTION
Ray Sturza, Planning Director, presented the proposed C-3 text amendment that would allow the production of biodiesel fuel in the C-3 zoning district.

Jim Barley of Buxton is the adjoining property owner and opposes the proposed change. This has been going on with no permits for far too long and it poses a hazard to the adjoining areas. It is unpleasant to be outside when it is in production.

Jeff Westcott of Buxton also owns adjoining property. He has witnessed three of the four accidents that have occurred at the site. The last one was a spill that occurred. He does not think that the stop work order has been complied with. None of the neighbors support this change.

He realizes that a fifteen foot driveway is needed to access this project and that is not possible with the 10-foot easement that exists. Storage is another issue since chemicals are in a building in close proximity to an existing home. He has two small children playing in an area close to this property and he must protect them and he asked the Board not to pass this amendment.

Barry Crumb, the applicant, provided background and statistics about petroleum fuel and the need for creating alternatives. He and his father have been studying this biodiesel process for some time. It burns cleaner and is better for your engine and the production process is fairly simple. There have been some accidents, they have had some problems but they have learned a lot.

Todd Phillips of Salvo came forward to say that the Crumbs are dedicated and are making a good product.

Patrick Taft, property owner in Buxton, supports the production of the biodiesel fuel. At this point (following inspections), it appears to be a much nicer operation over the last six months.
John Mc Cormick supports the production of biodiesel fuel. It is a great opportunity and Hatteras Island is better for looking at alternative fuels.

John McCormack of Frisco likes the idea that Steve and Barry Crumb have found a way to
recycle vegetable oil into something useful. He also discussed perceived risks and actual risks and said it is sometimes easy to be concerned about things that you are unfamiliar with. He trusts the Fire Marshal and the EPA and he said he thinks they believe it is safe.

Steve Crumb said that he started this and he apologized to his neighbors. He said that here in America we have come a long way and he decided to try to do something positive for the environment since there is an energy crisis. There has been a lot of research and development, and a lot of very hard knocks. Don’t just knock this out of the water – let’s work to solve the problems in America. Use the resources we have locally to create jobs. With the agencies that have come in to help and with more research and development, they can work out problems and persevere and they would like to continue.

Basil Hooper of Avon said that the family is very responsible. There is a down turn in the economy and it is a hard time. The Crumbs are hard workers and this is their work. He supports the continuation of biodiesel production.

Thomas Woods of Buxton is not an adjoining property owner but lives in the area. This fuel is biodegradable. There are risks with everything but they have worked through the bugs and they should be allowed to continue.

Joey Crum, brother, considers arguments that have been mentioned. Safety issues and smell should not be considered viable. A lot of experts have come in and given the thumbs up. Zoning is a viable argument because the property is not zoned as industrial. Consider that it is good for the community and it is progress.

Dan Willard of Frisco has been using the biodiesel for over a year. The oil comes from many area restaurants. It is ridiculous to worry about the smell. The United States has voted to go greener in the future. To deny this would be to deny what the country just voted for last month. He can do this at his own house but prefers to purchase it from the Crumbs.

Nick Gray of Cape Hatteras said this will improve the community and the environment. Accidents will happen but America is going through hard times. He is young and knows that everyone is trying to survive economically. These guys are also trying to survive. They are trying to do something that is very likely to help the community and the environment.

Todd Gaskill supports what they are doing and has since the beginning. He is a restaurant owner and works in construction. It has benefitted his business a lot. He has cut costs by using their product. He asked the Board to work through the issue to solve some of the problems. Don’t just kick it to the curb.

Commissioner Shea said that he supports recycling and everything we can do to help make us energy independent but he believes a commercial process using chemical reactions should be in an industrial or commercial area. If approved, this would allow anyone in a C-3 district to do this and he thinks that it is a problem.

Vice Chairman Burrus said that surfboards are made in the building next door to the Crumb property and he assumes that many chemicals are being used to make the boards. The EPA has visited the site and given the Crumbs a list of things to do and that has been part of the process. The applicants are trying to do the right thing. There is only one industrial site in Dare County. He does not know where things like this can be done if it is not provided for. There are many places in Dare County where people are making biodiesel fuel and we need to set it up so people can do it legally and safely.

Commissioner Virginia Tillett has researched this issue and other areas in NC are trying this fuel. We do have to worry about safety and legal issues but we don’t have but one place in Dare County where this would be allowed. The Board needs to look at areas throughout the County since a lot of people are starting to try it. She would like the Board to find a way for the operation to continue legally and safely. Places are needed for people to try these products and we need to assist them as much as possible. Perhaps the Planning Board can come up with ideas to allow this type of operation to continue. She was impressed to see young people coming forward to support this effort.

Commissioner Richard Johnson supports what they are doing. If you look at it, it is probably no more dangerous than gas stations. The only way to approach it is in the C-3 district. There is only one way to move forward with being green and that is to move forward. He said the best way is to regulate it as best we can so that it is safe.

Commissioner Max Dutton is proud of the Crumb family. Safety is his biggest concern -- making sure rules and regulations are in place.

Chairman Judge made suggestions, including storage capacity on an applicant’s site being quantified.
Commissioners voted to adopt the proposed amendment excluding item H. This will allow the property owners to apply for a conditional use permit.

The Commissioners found the proposed amendment to be consistent with the County’s land use plan.

As suggested by Commissioner Mike Johnson, the Board will plan a trip to visit the operation to learn more about the process.

ITEM 8 – UPDATE ON CONDITIONS AT OREGON INLET
Michael Davenport, Chairman of the Oregon Inlet Waterways Commission gave a presentation regarding conditions at Oregon Inlet.

Mr. Davenport provided background about the jetty project that was studied for many years. He recalled when the Chairman of the Council on Environmental Quality visited the area and made a decision two years later that the jetty project would not move forward but made a promise that there would be a dredging only alternative that would allow better aids to navigation and close monitoring of the inlet. The surveying is taking place and aids to navigation are in place, but the funding for dredging has decreased each year and it is causing many problems for the fishing industry. There has not been a trawl boat out of the inlet this season. The boats go to Beaufort Inlet and then back here to fish and then they have to take the fish into Chesapeake Bay and truck them to be repacked and then shipped to New York. This is not what was the Federal Government promised. Local people are not working because of this.

He then reported on dredging at the inlet. At the interior channels, there is a pipeline dredge that should be finishing up soon.

For the big dredge, a contract was let in the spring to begin in August and finish by the end of September. The dredge arrived late (mid November) but there was a lot of water near the bridge so the trawl boats could not get through. The big dredge is close to being finished now. Once they finish, the large boats will be able to get through.

There are short term and long term needs ---

Short term -- The federal budget for 2009 is $4.1 million, down from $7.875 million last year. This will not allow dredging at all the necessary areas so it will not allow continuous passage and does not keep the promise that was made. He asked for the Board’s support of adequate federal funding to keep the Inlet dredged and open. According to the Corps, $10 million to $12 million is needed annually on a consistent basis to keep the Inlet open. A trip to Washington, DC is planned in the near future and he encouraged Board members to travel with Commission members to support the effort.

Another long term issue is Ocracoke Inlet. It is a state maintained inlet and if Oregon Inlet is not going to be maintained properly by the federal government, it might be necessary to look at opening Ocracoke Inlet since it is more convenient for our fisherman than Beaufort Inlet when Oregon Inlet is not passable.

Bill Carl Tillett with Moon Tillett Fish Company thanked the Board for their assistance with the fisheries industry. Oregon Inlet is causing a lot of suffering for many people. Couple of things he wants to express. There have been some problems with the Corps – the dredge showed up almost three months late. On a couple of occasions the Corps was asked by the County and local fishermen to consider doing things differently and these issues were never addressed. Two boats were brought in through Oregon Inlet recently with the experience of local people – they were guided in by smaller boats but this is not anything that can be depended upon. There is a major concern that the big dredging project is almost finished but there is no water on the bar. Small boats will suffer as well. He has put together some figures and done some comparisons and estimates that his business (Moon Tillett Seafood Company) has lost between $500,000 to $600,000 on trawlers. We have to try to prevent these situations from happening again.

ITEM 9 – UPDATE ON ROANOKE ISLAND WATER EXPANSION
Dave Clawson, Finance Director, gave a presentation regarding the possible Roanoke Island Water Expansion. He provided an update on the model that was presented at the November 17 Board meeting. See attached presentation which includes coverage history for the system, cost estimate for the project, information about the existing system, and various scenarios. Mr. Clawson pointed out that the scenarios presented are not dependent upon the method of charging for the $4.7 million (impact fees or assessments). See additional information (attached) that was presented by Mr. Clawson. Discussion was held. Mr. Clawson pointed out there will be some specific details and special circumstances that the Board will have to address if the project moves forward.

Commissioner Shea asked about the amount of the decrease in insurance rates for a homeowner once they are connected to the system.

Difference between an impact fee and an assessment were discussed --
The impact fee approach would require mandatory connections – all improved structures that can use water would have to hook on and pay the impact fee.

The assessment approach means that an assessment fee is placed upon each buildable parcel and it becomes part of the tax bill for a period of time. It covers the cost of running distribution lines past the property.

It was pointed out that the assessment fee (per year) costs less than the savings expected from reduced insurance fees.

Following discussion, it appeared that the assessment route has favor with the Board (vs. the impact fee). Mr. Clawson will focus on this method with different scenarios (voluntary and mandatory participation) and report back to the Board with more information.

ITEM 10 – AMENDMENT TO WATER AGREEMENT
County Attorney Bobby Outten presented an amendment to the Water Agreement with Kill Devil Hills and Nags Head to eliminate the Fresh Pond Plant from the agreement as well as its cost of operation and maintenance. He stated that the cost to purchase water from the Fresh Pond Plant far exceeds producing the water at our other plants by a large amount. See attached memo for additional information. The Board approved the Amendment to the Water Agreement Dated June 30, 1996 Between the Town of Nags Head, The Town of Kill Devil Hills, and the County of Dare as presented.

ITEM 11 – NACo PRESCRIPTION DRUG DISCOUNT PROGRAM
Attorney Outten presented information about the NACo Prescription Drug Program offered by the National Association of Counties. This program provides an opportunity for NACo member counties to participate in a Prescription Drug Discount Card Program for uninsured and underinsured county residents. He explained there is no cost to the County, County taxpayers, or consumers to participate. He went on to explain there are no enrollment fees, forms, age or income requirements, and no medical condition restrictions. However, this program can save an average of 20% on the retail cost of prescription medication. Commissioners voted to approve Dare County’s participation in the program.

ITEM 12 – PROPOSED AMENDMENT TO CHAPTER 152, DARE COUNTY CODE OF ORDINANCES
Ray Sturza, Planning Director, asked the Board to consider the draft language for Chapter 152 which addresses fencing at borrow pits. The amendment would help to ensure the safety of sites where ponds are created from new borrow pits constructed with a mining permit. Commissioners voted to set a public hearing on the proposed amendment for January 5, 2009 at 10 a.m.

ITEM 13 – REQUEST FOR PUBLIC HEARING – PROPOSAL TO AMEND SECTION 22-29 OF ZONING ORDINANCE
Donna Creef, asked the Board to schedule a public hearing to discuss the proposal to amend Section 22-29 of the Zoning Ordinance. This amendment would add meteorological towers to the list of structures that may be considered for a height variance.  Commissioners voted to schedule a public hearing for January 5, 2009 at 10 a.m.

ITEM 14 – DESIGNATION OF VOTING DELEGATE TO NCACC LEGISLATIVE GOALS CONFERENCE
County Manager Wheeler asked the Board to appoint a voting delegate to attend the NCACC Legislative Goals conference in Raleigh on January 15 through 16.

Commissioners named Commissioner Virginia Tillett to act as the voting delegate.

ITEM 15 – GENERAL FUND BUDGET ACTIONS IN RESPONSE TO ESTIMATED REVENUE REVISIONS
David Clawson, Finance Director, reviewed the attached information which includes recommended budget actions to offset declines in revenue. Environmental fees are down almost 18%, register of deeds fees down over 21%, revenue stamps down almost 20%, building permits down over 32% and land transfer tax down almost 27%. The County’s budget deficit is expected to be 1.65% (less than that of most other counties in North Carolina according to Mr. Clawson). He asked the Board to authorize specific actions, including reductions in training, travel and supplies for County departments, freezing vacancies except for Social Services, and restricting travel. (See attachment for additional actions). Commissioners authorized the actions as discussed and approved the budget amendment. The Finance Director will monitor the situation and report back to the Board as needed but no later than February 16, 2009.

ITEM 16 – SCHEDULE OF DCBC MEETINGS FOR 2009
The Board received a schedule for Board meetings for 2009.

The August meeting will be held on the third Monday of the month at 5:00 p.m. Commissioners approved the schedule with the change for August.

ITEM 17 – CONSENT AGENDA
Commissioners approved the Consent Agenda containing the following items:

1. Approval of Minutes
2. Dare County Transportation System Policies & Procedures, System Safety Program Plan
3. Compensatory Time Policy
4. Frisco Water Plant Embarq Fiber Optic Line Service and Equipment Agreement
5. Rural Center Application Resolutions (with one wording change that was not substantive
6. Dare County Arts Council Grant

ITEM 18 – BOARD APPOINTMENTS

1. Board of Equalization and Review
   Commissioners reappointed Skip Jones, Bette Gray, Talmadge Jones, Barbara Britt, and Michael Davenport to serve a one-year term.
2. Juvenile Crime Prevention Council
   Commissioners appointed Tom Williamson to fill the unexpired term of Jane Midgett, Melinda Maher to fill the unexpired term of Renee Welch, and Sara Gist to fill the vacant at-large position.
3. Library Board (Regional)
   Commissioners appointed Lynne Foster to serve a four-year term.
4. Special Motor Vehicle Valuation Review Board
   Commissioners reappointed Richard Johnson, Dock Sawyer, and Lori Hageman to serve a one-year term.
5. Parks and Recreation Advisory Council
   Commissioners reappointed Susan Boncek and Crystal Blackmon to serve a three-year term.
6. Older Adult Services Advisory Council
   Commissioners will make the Roanoke Island appointment at an upcoming meeting. Steve Jennette was appointed to serve a four-year term representing Hatteras Island.
7. Health Board
   Commissioners appointed C. Patrick Pritchard to serve a three-year term.
8. Dare County Tourism Board
   Commissioners appointed Ralph Buxton for the Outer Banks Chamber seat, Brian McDonald for the Town of Southern Shores seat, David Farrow for the Town of Manteo seat, and Commissioner Allen Burrus for the Hatteras Island at Large seat. The Outer Banks Hotel/Motel seat and The Town of Duck seat will be appointed at the January 5, 2009 meeting.

ITEM 19 – COMMISSIONERS’ BUSINESS
Commissioner Mike Johnson - Listening to Billy Carl speaking this morning, he referred to landings in Virginia – the reason we were successful in getting dogfish is because of historical landings. It hurts us not being able to fish and land in Dare County because quotas are calculated based on historic data. So when fishermen cannot land in Dare County and end up going to Virginia, it affects our future.

Thanks to county employees.

Commissioner Max Dutton – appreciates the employee of the month and the service pin recipients. Keep them in mind as tough decisions have to be made.

Martha Jones does outstanding work as a health provider in our school system.

He attended the Board of Education meeting in November. There was a very uplifting presentation from their green team. One thing that grabbed his attention was the Board of Education’s financial report which reduces the state allocation for schools by $189,000.

Happy Holidays, Merry Christmas.

Commissioner Virginia Tillett – Merry Christmas to everyone. JCPC luncheon was fantastic – thanks to Eddie Lynch for use of his facility.

Congratulations to Chairman and Vice Chairman for being re-elected.

Notice was received about the Hatteras Library dedication. Please check calendars and let Jonathan Wark know best dates.

Teen Court Christmas Party will be held this afternoon.

Commissioner Richard Johnson – May be very difficult for Towns to provide three applicants for Tourism Board. The Board might need to reconsider this request.

Sand fences on Hatteras Island are working well – he recommends additional fencing.

Merry Christmas to everyone.

Vice-Chairman Allen Burrus – Thanked the employee of the month for the good work that she does helping children in our area.

Thanked the Board for electing him Vice Chairman.

Thanks to Congressman Jones for his help efforts to keep the dredge at Oregon Inlet to complete the work.

Merry Christmas to everyone.

Commissioner Jack Shea - Congratulations to Martha Jones as employee of the month and the service pin recipients.

He sent a letter to all state representatives asking for their help to address beach erosion. He has had a good response and he hopes elected representatives will step up to the plate.

He wished everyone a Merry Christmas.

Chairman Warren Judge – Thanked the Board for their support as Chairman and he will work hard on their behalf.

Roanoke Island Water Expansion project is moving along – if the Board is ready, it may be the appropriate time to take action. It will be time to design the system before long. The Board approved a motion to seek request for proposals for engineers to design the water expansion project.

He received a letter from a long time repeat visitor to our county from Columbus, Ohio who has concerns about the restrictions on beach access. He read the letter aloud. Chairman Judge then reviewed the negotiated rulemaking process that must be completed by the end of January. He urged everyone to attend the meetings, especially the many local associations, and ask the committee to come up with a negotiated rule. The Park Service has presented three alternatives, all of which would greatly alter the way that the National Seashore would be used by everyone. The members need to reach a compromise by working together to come up with a solution. Get involved to ask members to reach a compromise.

ATTORNEY’S BUSINESS
Regarding the Carolan property (gentleman who spoke during public comments who would like to reconfigure his lots), the ordinance in place states that lots platted before the subdivision ordinance are okay. This would apply to both of Mr. Carolan’s lots. He wants to move lot lines so that the two lots are reversed but the ordinance prevents this from happening. The direction from the Board was to allow recombination of lots as long as the outcome does not create a situation where lots become more non-conforming. The Planning Board will work on text amendment to address this issue and bring it back to the Board for consideration.

MANAGER’S BUSINESS
NC Beach Inlet and Waterways Commission – received e-mail from Chairman Harry Simmons and there is a coordinated effort to make a strong push in the General Assembly to have SB 599 passed (A bill to be entitled an act to authorize the Coastal Resources Commission to implement a pilot project to study the use of terminal groins for ocean inlet stabilization). They are asking cities and counties along the coast to contribute funds and requested $15,000 from Dare County. It would come from Shoreline Commission funds. This request was approved by the Board. See attached information.

ITEM 20 – UPCOMING BOARD APPOINTMENTS FOR JANUARY

1. Albemarle Region Resource Conservation Board
2. Dare County Tourism Board (Town of Duck and Hotel/Motel seats)

ITEM 21 – CLOSED SESSION – PERSONNEL MATTER
Vice-Chairman Burrus, pursuant to NCGS 143-318.11, moved that the Dare County Board of Commissioners go into closed session to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee. Following the closed session, the Board voted to hire Bobby Outten as County Manager/Attorney beginning July 1, 2009 (following the retirement of County Manager Wheeler at the end of June).

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