COUNTY OF DARE

Transcription

COUNTY OF DARE
COUNTY OF DARE
PO Box 1000, Manteo, NC
DARE COUNTY BOARD OF COMMISSIONERS
DARE COUNTY ADMINISTRATIVE BUILDING
954 Marshall C. Collins Dr., Manteo, NC
Monday, January 3, 2011
“HOW WILL THESE DECISIONS IMPACT OUR CHILDREN AND FAMILIES?”
AGENDA
9:00 AM
CONVENE, PRAYER, PLEDGE OF ALLEGIANCE
ITEM 1
Presentation of County Service Pins
ITEM 2
Employee of the Month - January 2011
ITEM 3
Public Comments
ITEM 4
Food for Thought, Inc. Presentation
ITEM 5
Governor's Award for Volunteer Service
ITEM 6
Dare County Tourism Board Request Consent of Dare County Board of Commissioners
Long Term Restricted Fund
ITEM 7
Durants Point Protection Project
ITEM 8
NCACC Legislative Goals Conference Voting Delegate
10:00 AM
ITEM 9
Public Hearing
1. Section 22-81 Dare County Zoning Ordinance
ITEM 10
Resolution of the Board of Commissioners of the County of Dare, North Carolina,
Amending Certain Provisions of a Prior Resolution Related to the Issuance of Utilities
Systems Revenue Bonds
ITEM 11
Amendment to Capital Project Ordinance for Emergency Communications System
ITEM 12
Amendment to FY 2009 CIP Capital Project Ordinance for School Projects
ITEM 13
Presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ended
June 30, 2010
ITEM 14
Consent Agenda
1. Approval of Minutes (12.6.10)
2. ECBH Funding Request
3. Dare County Transportation Department (Drug and Alcohol Testing Policy)
4. Personnel Policy Changes and Updates
5. Red Bag Grant
ITEM 15
Board Appointments
1. Juvenile Crime Prevention Council
2. Nursing Home Community Advisory Council
3. Tourism Board
4. Upcoming Board Appointments for February 2011
ITEM 16
Commissioners’ Business
Manager’s/Attorney’s Business
ITEM 17
Closed Session
1. Approval of Closed Session Minutes (12.6.10)
2. Personnel
ADJOURN UNTIL 5:00 P.M. ON JANUARY 18, 2011
Presentation of County Service Pins for January 2011
Description
The following are scheduled to receive service pins this month: Deborah Alexander, 10 Yr. Pin;
Ron Mills, 15 Yr. Pin; and Bonnie Drewry, 20 yr. Pin
Item Presenter
Bobby Outten, County Manager
Board Action Requested
None
3
January 3, 2011
PRESENTATION OF COUNTY SERVICE PINS
1. Deborah Alexander, Detention Center Nurse, 10 Yr. Pin
- Presented by Norman Johnson, Jail Administrator
2. Ron Mills, Landscape Supervisor, 15 Yr. Pin
- Presented by Edward Lee Mann, Public Works Director
3. Bonnie Drewry, Income Maintenance Supv. II, 20 Yr. Pin
- Presented by Jay Burrus, Social Services Director
4
Employee of the Month - January 2011
Description
The Employee of the Month Certificate for January 2011 will be presented.
Item Presenter
TBA
Board Action Requested
None
5
Food for Thought, Inc. Presentation
Description
Ms. Loismary Hoehne, President, will give an update on Food for Thought's activities.
Item Presenter
Loismary Hoehne, President
Board Action Requested
None
6
T H E
Program Receives
Award for
Volunteer Service
2 0 0 9 - 2 0 1 0
F O O D
F O R
T H O U G H T
A N N U A L
Faculty results showed: good support for program’s
overall positive impact on academic performance of
participating students, excellent support for community
partnership between schools and the non-profit, good
support for program referral to other schools, strong
support that bag distribution was not disruptive, good
support that communications between program and
school
was positive
.
Food for Thought was one of five
recipients in Dare County to receive
the prestigious North Carolina Award
for Outstanding Volunteer Service at
Displaying service award (l to r) are boardmembers
the Dare County Commissioner’s
meeting last December. The reward Carol Kimmel, Helen Ford (then president, Bill Pitt
and Linda White.
was in recognition for the service they
With expected growth to reach record highs once again in the 2010-2011
provide area children in need. This places the FFT non-profit in a
school year comes a greater need for your support. What can you do?
“distinguished group” of more than 16,000 North Carolina volunteers
who have received this prestigious honor since 1979.
Learn about the Program. Be a Volunteer. Raise Funds.
Donate Foods. Provide in-kind Services. Feed a Child.
Host a speaker at a meeting and become familiar about the
program and ways to help. Help receive food monthly, and
pack and distribute food weekly.
With the highest increase of free and reduced lunch participants in
Hold a fundraiser at your church, organization, school or
Dare County among pre-school and elementary children on record
business. Donate in honor of a family member’s wedding
once again, Food for Thought will reach out to meet community needs
anniversary, in memory of a loved one, as a holiday gift in
and be prepared to serve 700 children on the weekends during the
name of a loved one. Be creative!
2010-2011 school year.
Donate or provide at cost individual entrees and other items.
Our Goals are to:
Consider in-kind services that fit your organization and your
• Increase participation by 18 percent in Food for Thought
interests. Printing & professional services are invaluable.
How YOU Can Help Feed
Our Area Children
What’s Next Growth Continues in 2010 -11
by eligible preschool and elementary children.
• Grow participation by 20 percent of the secondary youth,
including those from the Alternative School and last year’s
pilot program at Cape Hatteras Middle School and High
School.
• Restart the summer weekend feeding program at YMCA
and 4-H Program in 2011.
• Continue mentoring group to explore creation of a similar
pilot program in a neighboring county.
• Initiate participating youthadvisory council as well as
participating adult advisory council.
This school year, you can feed a child every weekend and holiday for
just $250. Or, endow a child forever for $4,500. Interested? Please
complete and return the form:
Yes, I want a speaker. Yes, I want to volunteer.
Yes, I want to donate foods or in-kind services.
Yes, I want to raise funds. Yes, I want to feed a child.
Yes, I want to endow a child.
Yes, I want to donate to the endowment fund.
Yes, I want to start a Food For Thought Challenge.
Please mail your tax deductible contribution to:
Food for Thought, Inc.
P.O. Box 1167 • Kitty Hawk, NC 27949
Evaluation Gives Insight
Any amount is appreciated.
This spring a questionnaire was sent participating families/children and
faculty with excellent responses – 32 percent from families and 97 percent
from faculty. Family highlights included: program is well received,
majority of food is liked, most eat all the food, high percentage share
with family, got ideas for new food items and appreciated
toothbrush/toothpaste donations.
Address:_________________________________________________
Name:___________________________________________________
_________________________________________________________
Phone: __________________________________________________
Providing Children Healthy Meals for Strong Minds.
All contributions are confidential.
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R E P O R T
Dear Supporter:
Last Year We Provided:
This has been a whirlwind year and with your continued caring in the
midst of uncertain economic times, the program has been able to
rise to the occasion.
• Weekend and holiday meals to an average of 500 children a month
(425 to more than 590) * 74,492+ meals
• Other supplies to children and their families
* 7 newsletters * 3 sets toothbrushes and toothpaste
* participating family questionnaires,
* Church information on free dinners, free child sitting
• $30,000+ worth of numerous items and services from 21
community partners donated free or reduced cost
• 4,250+ hours of volunteer service valued at more than $62,500
• 330 + caring volunteers from 15 churches and community groups
receive, stack, pack and deliver meals each week
Last fall, the all-volunteer board held the first annual membership
luncheon, kicking off the school year. During the holidays, the board
conducted the second membership drive. Once again it was highly
successful, thanks to your tremendous generosity.
To meet the community’s growing needs, we began the year serving
more preschool and elementary children and added a pilot program
at the Hatteras middle and high school.
As the year went on and the number of eligible children grew to the
highest on record as well as those that signed up for Food for
Thought, nourishing meals were provided to all that applied. To help
streamline the distribution process, we requested and received a
trailer through a grant.
To gain better insight, we conducted the second program evaluation
by sending questionnaires to participating families and faculty. Family results show the program is well received. Faculty results show
good support for the program’s positive impact on academic performance of participating students.
Record Number Children
Helped in 2009-2010
What a difference a few years can make. In February 2006, when the Food
for Thought pilot program began, a total of 56 elementary children were
fed. Four years later, the number of youth that the program served in Dare
County grew from 431 in September 2009 to more than 590 at the close of
school. This represented a staggering 37 percent jump since the beginning
of the school year, the greatest on record.
Due to the economic downturn, the number of preschool and elementary
children in Dare County alone receiving free or reduced breakfasts and
lunches reached a 39+ percent increase, the highest recorded.
What about 2010-2011? The non-profit is gearing up to serve 700
children as this increase is expected to continue.
As the new school year approaches, we are readying to serve yet
another record number of children. I am excited about the
opportunities and challenges, knowing that with your continued
support, be it financial or hands on, we are prepared.
Sincerely,
Dr. Atkinson is Keynote Speaker
at First Membership Meeting
Dr. June Atkinson, Superintendent of North Carolina Public Instruction,
shared “food for thought” as the keynote
speaker at the First Annual Membership
Meeting & Luncheon held by Food for
Thought last fall. More than 50 volunteers, donors and school participants
attended the event held at Duck Woods
Country Club.
Loismary Hoehne
President
Food for Thought, Inc.
Community cooperation continues to grow as the program
partners with a wide array of groups, participates in the Children’s
Festival, and benefits from other activities.
REVENUE
Charitable Donations
Business, church, civic groups, Government, individual,
Memorial Funds ......................................................................... $49,205
Grants ...........................................................................................54,281
Fundraising Projects............................................4,162
In-kind Contributions
Volunteers, community partners................................................30,000
Total ...............................................................$141,267
EXPENSES
Program (food, direct aid)..................................................$115,073
Other Expenses
Fundraising costs................................................................$1,269
Advertising/promo.................................................................611
Insurance.........................................................................................834
Office supplies & admin .................................................1,484
Total .....................................................................................$119,271
Charitable
Donations
Other speakers included Dr. Sue Burgess,
Superintendent of Education, Dare
County Schools Administration, and
Helen Ford, Food for Thought president. Charles Hardy, chair of both
the Outer Banks Hospital Development Council and the Outer Banks
Community Foundation, presented Food for Thought with a check
from each.
In-kind
Contributions
Fundraising
Grants
Trailer Simplifies Meal Delivery
Thanks to a grant from the Outer Banks Community Foundation, the
weekend and holiday meal bags are being delivered to participating
area schools in a trailer. Each week, volunteers pack the meal bags
which are then specially wrapped and rolled into the trailer. With the
significant 39+ increase in
the number of children,
the new trailer has
made distribution more
efficient and easier for
the volunteers.
REVENUE
Advertising/promo
Office supplies & admin
Program (food, direct aid)
EXPENSES
*Year covers 8/01/09 -7/31/10 ** There are reserves on hand.
More than 99 percent of all contributions are allocated to feed the children.
Fundraising costs
Insurance
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Annual Benefits Swell
Alliances with all aspects of the community continue to strengthen as
projects designed to provide all or part of the proceeds to Food for
Thought rose to 11 this year.
• The Third Annual Summertime Shindig topped $3,300.
Local fishermen and restaurants contributed everything for the fish fry
while Tom Thumb cooked and Magic Mike provided entertainment.
• The Dare County Dare to Care Committee, which collects $1 from its
employees who participate in “dressing down” on Fridays and perform
several fundraisers during the year, nominated Food for Thought as a
recipient of $300 last fall.
• The Third Dare Crop
Hunger Walk, sponsored by
four local hunger agencies
and Church World Services,
was held last October. The
event donated more than
$1,100 to Food for Thought.
• Kitty Hawk Rotary Club’s annual pro am scholarship golf
tournament donated $2,890, to Food for Thought last fall.
• Santa” Mike Davis, local artist who created a clock, contributed
more than $1,100 raised from raffling it.
• Kelly’s Outer Banks Restaurant & Tavern sponsored a St. Patrick’s Day
run at which many participants provided food to Food for Thought.
• Caldwell Bankers has selected Food for Thought as their local charity
and through this unique program has donated $1,000 in 2009-10.
Agents have the option of making a contribution up to $25 from each
closed sale and the company matches each contribution with $25.
• Fifty seventh grade honors students from Farragut Middle School
in Knoxville, Tenn., made their third visit to Food for Thought’s
distribution center to bring food donations.
• Malia Garber, a fourth grader at Nags Head Elementary, creatively
raised $160 by asking friends to her birthday party to please donate to
Food for Thought instead of bringing gifts.
• Staples collected school supplies and gave them to Food for Thought
to give the schools to provide the children.
• More than 25 kids participated in the Third Annual skate competition.
The event, hosted by Island Revolution Skate Park in Corolla, raised
over $200 to benefit Food for Thought.
Kids Become “Detectives”
More and more children on the Outer Banks are joining the ranks
of “Big Red”, the friendly healthy food detective who invites area
kids to help him teach folks how to eat right to build strong minds and
bodies. For the last two years, Food for Thought volunteers have been
passing out his junior detective badges and his tips handout to area
children at the Children’s Festival and other events.
We are able to offer non-perishable healthy weekend and holiday meals
consisting of two breakfasts, two lunches and two snacks to participating area children.
Board of Directors
Loismary Hoehne, President
Carole Kimmel, Vice Pres.
Tess Judge, Treasurer
Nena Teller, Secretary
Peter Collins
Helen Ford
Bob Furr
Margaret Lawler
Edward Lee Mann
Bill Pitt
Linda Willey
Linda White
Community Partners, cont’d.
The Marketplace Food Lion
Charles Hardy
Head Start
Print Plus
Julia Ray, Alternative School
(website maintenance)
Mike Reeves
Steve Robinson of Zukerman &
Associates, Ltd.
The Sentinel
Staples
The Virginian Pilot
Emeritus Director
Grants/Foundations
Ed Hazlett
Dare County
Outer Banks Community Foundation
Outer Banks Hospital Development
Council
Percy W. & Elizabeth G. Meekins
Charitable Trust
Presbytery of New Hope for Domestic
Hunger
Volunteer Groups
All Saints Episcopal Church
Bethany United MethodistChurch
Dare County Women’s Association
Duck United Methodist Church
Duck Woods Country Club
Women’s Association
Friends of Food for Thought
Grace Lutheran Church
Holy Redeemer Catholic Church
Kitty Hawk Methodist Church
Mighty Winds United Methodist Church
Mt. Olivet United Methodist Church
Outer Banks Women’s Club
Roanoke Island Presbyterian Church
Roanoke Island Garden Club
St. Andrews by the Sea
Grants/Foundations
Dare County
Outer Banks Community Foundation
Outer Banks Hospital Development Council
Percy W. & Elizabeth G. Meekins Charitable Trust
Presbytery of New Hope for Domestic Hunger
Community Partners
Frank Bernard, Truck Accessory
Center of Moyock
Douglas Arcos Designs
All Kinds of Signs
BB & T
Rachael Cooper, Spanish
translator
The Coastland Times
Dare County Board of
Commissioners
Dare County School Admin.
Dominion Printing
William Downing, DDS
The Food Bank of the Albemarle
Endowment Society
Cornett, Lucy
Dare County
Duck United Methodist Church
Outer Banks Hospital Development Council
Honor Roll Circle
All Saints Episcopal Church
Coldwell Banker Seaside Realty, Inc
Kimmel, Carole & Gary
Kitty Hawk Rotary Club
Knights of Columbus
McDowell, Ann
Mt. Olivet United Methodist Church
Outer Banks Community Foundation
Outer Banks Woman's Club
Presbytery of New Hope
St. Andrews By-The-Sea
Platinum Apple Circle
Bethany United Methodist Church
Byberg, Paul and Sandra
Davis, Talmage & Barbara
Holy Redeemer by the Sea Catholic Church
Horne, Kathy
Kitty Hawk United Methodist Church
Myers, R. Donald & Willie Faye
Needham, David & Cheryl
Parsons, Jim & Anne
Pokelwaldt, Robert & Laurel
Willey, Linda & Fletcher
Wood, Glenna
Silver Apple Circle, cont’d.
Little, David & Sharon
MacDonald, Deborah
Mann, Nancy & Bill
Marsh, William & Veronica
May, Tom & Marianna
Midgett, Elmer & Gail
Mighty Wind United Methodist Church
Morisseau, Rev. & Mrs. Robert
Morrison, Lilias J.
Oaksmith, Mr. & Mrs. David
O'Brien, Thomas & Kay M.
Ocean Atlantic Rentals
Outer Banks Presbyterian Church
Peat, Janet and Kenneth
Perkins, Richard
Price, Pat & Jack
R & M Properties of North Carolina, LLC
Read, Hershel & Barbara
Reeves, Michael & Frances
Reynolds, Jim & Lynn
Sawyer, Joyce
Selby, Joann
Sharpe, Mr. & Mrs. Raymond
Sheffer, Jill
Small, Joann and William
Smith, Pamela Kulsa
Sunnyside Up Marketing , Inc
Teller, Forrest & Nena
Thomasson, Larry & Maxine
Thornton, George & Bronwyn
Watkins, Debby & John
Webster, Ginger & Ralph
Wiegel, Joseph & Helen
Gold Apple Circle
Barbaro, Ronald & Ellen
Bernard, Frank & Phyllis
Blosser, Claire
Burgess, Dr. Sue
Church World Service, Inc
Cook, Kathy
Dare County Dare to Care
Dare County Delta Zeta Chapter of Delta Kappa
Gamma Society
Democratic Women of Dare
Ford, Paul & Helen
Graham, John & Phyllis
Haven Creek Baptist Church
Hecht Family Foundation, Inc.
Hilton, David & Lola
Hoehne, Lee & Loismary
Hutchins, Frederick & Lynn
Lamm, Annette & Stephen
McGrath, Lucille & Kevin
McOwen, Billy & Monica
Parker, Monica & Robbie
Rich, Susan & Raymond
Robinson, Winifred & Paul
Southern Insurance Agency
Thomas, Lois B.
Walker, Nancy Forsyth
Silver Apple Circle
Amerinet
Amerinet Atlantic Division
Austin, Bernard F.
Barnett, Jim & Cindy
Basnight, Bea & Saint
Beckett, Joseph & Mary Lou
Boehme, Fred & Vicki Hecht-Boehme
Church Women United of Dare Co
Cowell, Edward & Carol
Dare County Unit NC Retired School Personnel
Davis, Cathy & Bill
Davis, Ellen & James
Ellsworth, K.R. & E.D.
Fearing, Malcolm K III & Susan F
Figiel, Barbara
Fox, Connie & Al
Graham, John & Laurie
Hamilton, Julie
Heslin, Mary Lou and Peter
Hess, Charles & Jody
Hettenhouse, Crystal and Matt
Hettenhouse, George & Nancy
Hueber, Rob & Nancy
James, Victor & Christopher
King, John & Gail
Bronze Apple Circle
Anderson, Jeanette
Ascension Recordings, Inc
Aukland, Elva
Baker, Mrs. Edith
Bane, Cornelius & Grace
Barkely Plumbing, Inc.
Basnight
Batelman, Ronal & Patricia
Blosser, Frank Jr.
Boswell, Victoria
Boyd, Ann
Brown, Ruth W
Bryan, Don & Katharine
Bucceri, John & Mary Jo
Burchett, Carole & Troy
Butler, Jim & Sue
Calhoon, Miriam & Richard
Carman, Susan & Bruce
Chase, George & Lynn
Bronze Apple Circle, cont’d.
Colegrove, Janet
Cosgrove, Gary & Pam
Coyle, Beth
Daniels III, Lt. Col. Moncie & Wanda
Daniels, Margaret
Davis, Grady & Barbara
Davis, Grady T Jr.
Davis, John & Cindy
Dillon, Larry & Jewelette
Dow, Donald & Louise
Draper, Frank
Drodvillo, Carol & R.J.
Duiker, William & Yvonne
Elder, Bob & Sweeney, Mary
Endre, Kimberly
English, Mary
Fletcher, Scott and Marie
Fricker, John & Sandy
Gaddy, Vallerie Paige Griffin
Galloway, Bonnie
Garrett, Daniel J.
Gentes, Daniel & Vickilynn
Goes, James
Green, Earl M.
Groff, Betts & Jim
Hall, Barbara
Hayward, Patricia
Hines, Mr. & Mrs. Richard Hines Jr.
Jennings, Chris & Lori
Jones, Randy & Stacey
Judge III, Warren & Tess
Kaplan, Ann
Kelly, Amy & Timothy
Kidd, Thomas & Ann
Kott, Janet
Kurz, Charles & Maureen
Lachine, Justin & Johanna
Leggett, Susan
Levan, Lucille
Liston, Richard & Joan
Mann, Paul & Robin
Martie, Gary & Jeanne
Martone, Dr. Joe
Bronze Apple Circle, cont’d.
Meagher, Sally and Jack
Montgomery, Joseph & Frances
Mortellaro, Jeffery
Mortellaro, Mary
Newbern, Anne
Nolan, William and Virginia
Norton, Dolores
Oliver, Caroline
Outer Banks Chamber of Commerce
Peckens, Mary & David
Pettit, Patricia
Pickrel, Dr. & Mrs. Jerry
Pittard, JD and Mary
Pollard, Karen & Richard
Pope, Susan & JN
Porter, William & Christine
Riddle, Mary Ellen
Russotto, David & Laurie
Scarborough, Karen & Lynn
Secules, Thomas & Elizabeth
Skinner, Janice & Gardner
Slesinski, Ron & Mary Jane
Slowikowski, Charles R. & Patricia A.
Slowikowski, Charles R. & Patricia L.
Story, William & Patricia
Strickland, Becky & David
Sullivan, Robert & Susan
Taylor, Barbara
Toney, Charles & Becky
Trivette, Robert & Donna
Tucker, John & Barbara
Turek, Peter and Eve
Vaughn, Michael
Voigt, Dorothy Jo
Wadsworth, Mr. & Mrs. William
Waldmann, John & Gayle
White, Kaye & Peregrine
Whitfield, Kay & Karolyn Whitfield Quidley
Williams, Michael & Barbara
Wingenroth, Mike & Terry
Witzel, Elisabeth
Woodard, Robert & Linda
Zerbe, Patricia & Don
Providing Children Healthy Meals for Strong Minds.
We want to recognize all our friends and supporters. If we have inadvertently overlooked you, please call (252) 480 - 0036.
P.O. Box 1167, Kitty Hawk NC 27949 • Ph: (252) 480 - 0036 • www.foodforthoughtobx.com
9
Our Community Comes Together
Malia Garber, Nags Head fourth grader and friends
at donation birthday party.
Weekly meal bag packing at Manteo distribution center.
Third Annual
Skate Competition in Corolla.
Feedback.
“Love the program.” participating parent
“So thankful for what we get (from this
program).” participating parent
“I like the smiles on the faces of the
children.” participating faculty
“Involving teens is an excellent
“This Food for Thought bag has been a opportunity to perform community
life savior for my family.”participating parent service.” participating faculty
(Alternative School where students selected program
“ Sure do love the oranges.”
as community service project)
participating child
“It gave our students an opportunity
“This program is very positive and
to do something positive for the
helpful.” participating parent
community.” participating faculty “ I like the healthy food.” participating faculty Alternative School
“I like helping families in need.”
participating faculty
“The children look forward to the
bags.”participating faculty
is“Santa” Mike Davis and clock auction.
From children’s artwork on 2009-10
family questionnaire - telling how they
feel about Food for Thought
“I feel very happy. Thank you.”
participating child
“I love Food for Thought. I will keep
on getting FFT bags.” participating child
“I love the tuna.” participating child
“An excellent demonstration of
community support for students,
families and the schools.”
participating faculty - Alternative School
It’s a great community partnership.”
participating faculty
Simply Put, It Works!
10
Governor's Awards for Volunteer Service
Description
Recognition of two recipients of the Governor's Awards for Volunteer Service - 2010
Item Presenter
None
Board Action Requested
Please assist in recognizing the Governor's Award recipients
11
Daphne DeGabrielle has been a volunteer for the Guardian Ad Litem program now for seven and a half
years. Her primary responsibilities as a volunteer is to advocate for abused and neglected children in the
court room , visit the child client and their families, gather and assess information and then prepare a
court report, testify in court, monitor a case until a child has a permanent home and maintain
confidentiality regarding the case. Daphne has made an enormous impact on the lives of the children
she has represented over the years. Daphne goes out of her way to find resources and serviced needed
for children and their families. The Program and the community at-large are greatly enhanced because
of her dedication.
12
Edna has volunteered at Dare Respite Care for more than three years. This past year she provided her
respite care family with over 50 visits totaling more than 200 hours of volunteer respite services. Each
week, Edna provides companionship and care to a client with Alzheimer’s disease, giving the primary
caregiver a respite from their care-giving responsibilities. She also volunteers for six other agencies,
organizations and groups in Dare County. Edna is happy to wear many volunteer “hats” and offers her
services wherever they are needed . She is willing to do whatever is asked of her and consistently
exceeds expectations. Edna was also recognized in Raleigh recently for being a Medallion award
recipient, only twenty volunteers receive that award across the state, which is such a well-deserved
honor for Edna.
13
Dare County Tourism Board Request Consent of Dare County Board of Commissioners Long Term
Restricted Fund
Description
Dare County Commissioners approval of Dare County Tourism Board expenditures from the long term
restricted fund line item 4525, multi-use facility, for up to $2,000 for engineering studies. Summary attached.
Item Presenter
Lee Nettles, Managing Director, Outer Banks Visitors Bureau
Board Action Requested
Dare County Commissioners approval of Dare County Tourism Board expenditures from the long term
restricted fund line item 4525, multi-use facility, for up to $2,000
14
15
Durants Point Protection Project
Description
See Attached memo from NC Coastal federation
Item Presenter
Jan De Blieu and Erin Fleckenstein
Board Action Requested
Approve request that Dare County assume responsibility for maintenance of the rock sill structure.
16
3609 Highway 24 (Ocean) Newport NC 28570
September 29, 2010
Dare County Commissioners
PO Box 1000
Manteo NC 27954
Re: DURANT”S POINT LIVING SHORELINE: PROTECTING A WORKING WATERFRONT
Dear Commissioners,
As you know, Hatteras Harbor is at the center of a rich fishing culture
in Hatteras Village. The harbor is the heart and soul of a community
that, since it was settled in the 1700’s, has made its living from the sea
and the natural resources of the coastal environment. Children and
adults alike have long wandered the marsh, boating, hunting, fishing,
and learning about the coast. Currently, the harbor safeguards this
heritage and the livelihoods of many citizens that continue to make a
living on the water.
The harbor is protected to the north by a narrow spit of land known as
Durant’s Point. This stretch of land is eroding at a rapid pace, taking
with it the village’s line of defense from storms.
To protect the harbor, the North Carolina Coastal Federation has been
working for the past two years with local landowners and engineers
from Bissell Professionals on plans for a living shoreline project. This
project will involve stabilizing the shoreline with a low profile granite
sill with marsh grass plantings behind. It will provide dual benefits to the community: It will restore the
habitat used by the area’s rich array of fish, shellfish and other wildlife while protecting the entrance to the
harbor. In addition, our Environmental Education Coordinator will teach classes at Cape Hatteras Middle
School on the importance of estuaries and will lead the students on a field trip to plant marsh grasses
behind the sill.
Through various grants NCCF has secured the funds to build the sill, plant the marsh, and engage the
school students in the project. We are currently in the process of obtaining a major CAMA permit for the
living shoreline. We plan to construct Phase I of the sill, along the property owned by Mary Dawn Judy and
Rob and Susan West, as soon as the permit is approved.
While the land owners are enthusiastic about the project, they are reluctant to accept responsibility for the
long-term maintenance of the sill. Our experience with other sills has been that they require little or no
maintenance. We checked with the U.S. Army Corps of Engineers and were told it would take an act of
Congress for the Corps to accept maintenance responsibility for the sill.
We do not want to abandon the project because of this one sticking point. With the value of the harbor in
protecting the tourism and fishing industries of Dare County, it is our hope that the County will lend its
support to this effort. We respectfully request that Dare County assume responsibility for maintenance of
17
the rock sill structure. NCCF will accept responsibility for replanting the marsh grasses behind the sill, if
necessary.
Please feel free to contact me if you have any questions about this project. My office phone is 473-1607,
and my cell is 423-0382. My email is [email protected]. We look forward to working with you and
moving forward to preserve this wonderful resource.
Sincerely,
Erin Fleckenstein
Coastal Scientist
NCCF
128 Grenville Street
Manteo, NC 27954
[email protected]
252 473-1607
252 423-0382
Encl. Durant’s Point Living Shoreline Design, Bissell Professional Group
18
19
20
21
NCACC Legislative Goals Conference Voting Delegate
Description
Determination of the Voting Delegate for the NCACC Legislative Goals Conference must be made. The
conference will be held Jan. 20-21, 2011, at the Sheraton Imperial in Durham County.
Item Presenter
County Manager Outten
Board Action Requested
Determine Voting Delegate for the conference.
23
Memorandum
RETURN FORM BY JANUARY 7, 2011
VOTING DELEGATE DESIGNATION FORM
LEGISLATIVE GOALS CONFERENCE
JANUARY 20-21, 2011
NOTE: Please place this action on your board meeting agenda.
Each Board of County Commissioners is hereby requested to designate a commissioner or other official
as a voting delegate. Each voting delegate should complete and sign the following statement and
RETURN IT TO THE ASSOCIATION NO LATER THAN FRIDAY, JANUARY 7, 2011.
I, ____________________________________________, hereby certify that I am the duly designated
voting delegate for _____________________ County at the North Carolina Association of County
Commissioners 2011 Legislative Goals Conference.
Signed:______________________________________
Title:______________________________________
Article VI, Section of the Association’s Constitution provides:
“On all questions, including the election of officers, each county represented shall be entitled to one vote,
which shall be the majority expression of the delegates of that county. The vote of any county in good
standing may be cast by any one of its County Commissioners who is present at the time the vote is taken;
provided, if no commissioner be present, such vote may be cast by another county official, elected or
appointed, who holds elective office or an appointed position in the county whose vote is being cast and
who is formally designated by the Board of County Commissioners. These provisions shall likewise
govern district meetings of the Association. A county in good standing is defined as one which has paid
the current year’s dues.”
215 N. Dawson St., Raleigh, NC 27603 * Phone: (919) 715-2893 * Fax: (919) 733-1065 * www.ncacc.org
24
LEGISLATIVE GOALS CONFERENCE PRE-REGISTRATION FORM
Jan. 20-21, 2011
Sheraton Imperial Hotel, Durham County
(Form must be postmarked/faxed by Friday, Jan. 7, 2011)
COUNTY: ________________________________________________________________________
NAME: ________________________________________ TITLE: _____________________________
NAME: ________________________________________ TITLE: _____________________________
NAME: ________________________________________ TITLE: _____________________________
NAME: ________________________________________ TITLE: _____________________________
NAME: ________________________________________ TITLE: _____________________________
Fee
Amount
No.
Total
$99
_____
$____
Pre-registration
Any forms received with a postmark date after Jan. 7, 2011, or faxed after Jan. 7, 2011, will not be
processed in advance, and the attendees will have to register on-site and pay the on-site rate of $125.
If paying by check, please make check payable to NCACC and mail to:
NCACC
215 N. Dawson St.
Raleigh, NC 27603
If paying by credit card, complete the form below and fax to (919) 715-2121.
Credit Card
VISA
MasterCard
Name on Card: _________________________________________________
Credit Card Number: ______________________________________ Expiration Date:
Signature:
____________
__________________________________________ Billing Zip Code: ____________
E-mail (for receipt of payment):
________________________________________________________
Cancellations: Registration may be refunded (less a $15 administrative fee) if the Association is notified
by noon on Monday, Jan. 10, 2011.
25
Public Hearing -- Section 22-81 Dare County Zoning Ordinance
Description
A hearing on proposed amendments to Section 22-81 of the Zoning Ordinance is scheduled for 10:00 am on
Monday, January 3, 2011. This section of the Zoning Ordinance establishes procedures for amendments to the
zoning maps and/or zoning text. The draft language under consideration would revise the current regulations
to be consistent with the State statutes for zoning amendments -- hearing notification no less than 10 days before
the hearing date and establish the number of times such notice must be published. Currently, the Section 22-81
language requires hearing notification no less than 15 days and does not include any standards on the
publication procedures. A copy of the draft language is attached. The Planning Board reviewed this proposed
amendment on December 13, 2010 and voted unanimously to recommend adoption.
Item Presenter
Donna Creef
Board Action Requested
Conduct public hearing and adopt revisions to Section 22-81 of the Zoning Ordinance.
37
Section 22-81 Procedure Generally (proposed text underlined, language to be deleted
strikethrough)
The Board of Commissioners may, on its own motion or upon motion or petition by any person
within the zoning jurisdiction of the County, after public notice and hearing, amend,
supplement, change, modify, or repeal the regulations herein established or the maps which
are part of this chapter, subject to the rules prescribed in this chapter. No regulations or map
shall be amended, supplemented, changed, or modified, or repealed until after a public hearing
in relation thereto, at which parties in interest and citizens shall have an opportunity to be
heard.
A notice of such hearing shall be given circulation in the County, such notice to be published the
first time not less than fifteen days nor more than twenty-five days prior to the date fixed for
the hearing.
The Board shall cause a notice of the hearing to be published once a week for two successive
calendar weeks. The notice shall be published the first time not less than 10 days nor more
than 25 days before the date fixed for the hearing. In computing such period, the day of
publication is not to be included but the day of the hearing shall be included.
38
Draft motions for Section 22-81hearing
TO ADOPT: “I move that the proposed amendment to Section 22-81 be
adopted as advertised. I find this amendment to be consistent with the policies of
the 2009 Dare County Land Use Plan and other officially adopted plans of Dare
County and is in the public interest of Dare County since this amendment revises
the Zoning Ordinance to be consistent with NCGS 153A-323.”
TO REVISE: “ I move that the proposed amendment be revised (insert suggested
revisions) by the Planning staff and re-submitted for consideration.”
39
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF DARE, NORTH
CAROLINA, AMENDING CERTAIN PROVISIONS OF A PRIOR RESOLUTION RELATED TO THE
ISSUANCE OF UTILITIES SYSTEMS REVENUE BONDS
Description
Interest rates in the 5 to 30 year range have increased significantly within the last 30 days. See the first
attachment showing that the 10 year T Note has increased 60 basis points since 11/16 and 71 basis points since
9/17 and the 30 year T Note has increased 29 basis points since 11/16 and 64 basis points since 9/16. The Board
adopted the initial resolution for the above revenue bonds in September and specified a not to exceed interest
rate of 6%. With the increase in rates and to prevent having to start completely over with the LGC with an
unforeseen and unexpected further increase in rates, the Board is asked to amend the original resolution and
change the not to exceed interest rate to 7%. On 12/16/2010 the estimated true interest cost of the issue was
5.20%. [Note: The revenue bond sale is scheduled for 1/27. Rates are expected to stabilize and possibly decrease
by that time as the market is currently flooded with BAB's which cannot be issued after 12/31/2010.]
Item Presenter
David Clawson, Finance Director
Board Action Requested
Adopt the resolution.
26
27
EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Dare, North Carolina, was
duly held on January 3, 2011 at 9:00 a.m. in the County Board of Commissioners’ Meeting Room,
Commissioners Annex Building, 204 Ananias Dare Street, Manteo, North Carolina. Chairman Warren C.
Judge presiding.
The following members were present:
The following members were absent:
Commissioner ______________moved that the following resolution, copies of which having
been made available to the Board of Commissioners, be adopted:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF DARE, NORTH
CAROLINA, AMENDING CERTAIN PROVISIONS OF A PRIOR RESOLUTION RELATED TO
THE ISSUANCE OF UTILITIES SYSTEMS REVENUE BONDS
WHEREAS, the Board of Commissioners (the “Board of Commissioners”) of the County of Dare,
North Carolina (the “County”) adopted a resolution on September 7, 2010 (the “Initial Resolution”)
titled “RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF DARE, NORTH
CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR
APPROVAL OF UTILITIES SYSTEMS REVENUE BONDS; REQUESTING LOCAL GOVERNMENT
COMMISSION APPROVAL OF THE COUNTY’S UTILITIES SYSTEMS REVENUE BONDS AND CERTAIN
RELATED MATTERS”; and
WHEREAS, the Board of Commissioners made certain findings in the Initial Resolution related to
the proposed issuance of not to exceed $30,000,000 Utilities Systems Revenue Bonds (the “Bonds”); and
WHEREAS, since the Board of Commissioners adopted the Initial Resolution there has been a
significant shift in the bond market such that the Board of Commissioners has determined to adjust the
parameters under which it is willing to sell the Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF DARE, NORTH CAROLINA, AS FOLLOWS:
Section 1.
That the Initial Resolution is hereby amended (a) to reflect that the Bonds will be
issued during calendar year 2011 and (b) to revise Section 6 to request that the Commission sell the
Bonds through negotiation to the underwriters identified in the Initial Resolution on such terms as may be
agreed on but at a true interest cost not exceeding 7.00% as to any portion of the Bonds sold on a taxexempt basis.
PPAB 1762114v1
28
Section 2.
That all of the other provisions of the Initial Resolution not specifically modified
in this Resolution shall remain in full force and effect.
Section 3.
That this Resolution is effective on the date of its adoption.
On motion of Commissioner _______________________, seconded by Commissioner
_____________________, the foregoing resolution titled “RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE COUNTY OF DARE, NORTH CAROLINA, AMENDING CERTAIN PROVISIONS
OF A PRIOR RESOLUTION RELATED TO THE ISSUANCE OF UTILITIES SYSTEMS REVENUE BONDS” was
duly adopted by the following vote:
AYES:
NAYS:
PASSED, ADOPTED AND APPROVED this 3rd day of January, 2011.
PPAB 1762114v1
29
STATE OF NORTH CAROLINA
COUNTY OF DARE
)
)
)
SS:
I, Katie V. Smith, Clerk to the Board of Commissioners of the County of Dare, North Carolina,
DO HEREBY CERTIFY, as follows:
1.
A regular meeting of the Board of Commissioners of the County of Dare, a political
subdivision of the State of North Carolina, was duly held on January 3, 2011, proper notice of such
meeting having been given as required by North Carolina statute, and minutes of said meeting have been
duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the
minutes of said Board of Commissioners.
2.
I have compared the attached extract with said minutes so recorded and said extract is a
true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in
said extract.
3.
Said minutes correctly state the time when said meeting was convened and the place
where such meeting was held and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate
seal of said County, this ______ day of January, 2011.
(SEAL)
_______________________________
KATIE V. SMITH
Clerk to the Board of Commissioners
County of Dare, North Carolina
PPAB 1762114v1
30
Amendment to Capital Project Ordinance for Emergency Communications System
Description
The cost of equipment and remodeling of the old 911 room into the new Support Group Room is estimated at
$19,560. Project contingency currently available is $482,473. Staff recommends these costs be funded out of the
Project Contingency and the project manager concurs.
Item Presenter
David Clawson, Finance Director
Board Action Requested
Adopt Amendment to Capital Project Ordinance.
31
County of Dare, North Carolina
Amendment to Capital Project Ordinance
for
Emergency Communications System
BE IT ORDAINED by the Board of Commissioners of the County of Dare, North Carolina that, pursuant to
Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital project ordinance,
originally adopted on December 7, 2009, and amended on August 16, 2010, and December 6, 2010, is
hereby amended as follows:
Section 1
This ordinance is to amend the budget for the emergency communications system, the
contract for which was approved by the Board of Commissioners on October 27, 2009. This amendment is
for costs for the new Support Group Room (old 911 room).
The following budget shall be conducted within the Capital Projects Fund (fund
Section 2
#61)(project #60043).
The following amounts are appropriated for the project:
Section 3
Project contingency
Owner costs
615526-750000-60043
615526-737002-60043
$19,560 decrease
$19,560 increase
The Finance Officer is directed to report, on a monthly basis, the financial status of the
Section 4
project as a part of the normal monthly reporting process.
Section 5
Copies of this capital project ordinance shall be furnished to the Budget Officer, the
Finance Officer and to the Clerk to the Board of Commissioners.
Adopted this 3rd day of January 2011.
___________________________________________
Chairman, Board of Commissioners
[SEAL]
______________________________________________
Katie VanLear, Clerk to the Board of Commissioners
share:/capital project ordinances/2010CIP/CIP 2010 CPO 1 3 11 EC Sys.docx
32
Amendment to FY 2009 CIP Capital Project Ordinance for School Projects
Description
This item was originally presented to the Board on October 4. The Board tabled the item and requested
additional information, which has been provided. An amendment to the Capital Project Ordinance is attached
for approval. The amendment reallocates existing budgets and does not request any additional funds. The
projects were cash funded through the FY 2009 CIP. Two projects on the original request will not be done, both
at Manteo High School. The decrease is $48,354 and is for track resurfacing and tennis court lighting - both are
more expensive than anticipated and more than the available remaining funds. The items will be added to a
future CIP request. All other decreases were a result of projects being completed under the original budget.
$99,129 is added to the projects for Hatteras Secondary School and are roof repairs, an air handler replacement,
and tennis court repairs.
Item Presenter
David Clawson, Finance Director
Board Action Requested
Adopt the amendment to the Capital Project Ordinance.
33
34
County of Dare, North Carolina
Capital Project Ordinance - Schools
for
Fiscal Year 2008 - 2009 Projects in the Adopted 2008-09 through 2012-13 Capital
Improvements Plan
BE IT ORDAINED by the Board of Commissioners of the County of Dare, North Carolina that, pursuant to
Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project
ordinance, originally adopted July 21, 2008, is hereby amended:
Section 1
Education.
This amendment is to reallocate original budgets per a request from the Board of
Section 2
#63).
The following budget shall be conducted within the School Capital Projects Fund (fund
Section 3
The following appropriations are changed as indicated:
Additional LCO – Hatteras Secondary
Additional LCO – Kitty Hawk Elem
Additional LCO – Manteo Elementary
Additional LCO – Manteo Middle
Additional LCO – Manteo High
Additional LCO – Nags Head Elem
635675-737422-98702
635675-737422-98707
635675-737422-98708
635675-737422-98703
635675-737422-98706
635675-737422+98704
$99,129
$30,565
$3,740
$200
$48,354
$16,670
increase
decrease
decrease
increase
decrease
decrease
Projects approved for funding for additional local capital outlay will be per a listing to be
Section 4
provided by the Dare County Board of Education. Payment will be made only for the items listed and
payment will be made either directly by the County upon submittal of invoices by the Board of Education
or reimbursed to the Board of Education upon submittal of proof of payment. Any changes requested to be
made to the list must be approved by the Board of Commissioners.
The Finance Officer is directed to report, on a monthly basis, the financial status of the
Section 5
project as a part of the normal monthly reporting process.
Section 6
Copies of this capital project ordinance shall be furnished to the Budget Officer, the
Finance Officer, the Superintendent of the Dare County Schools and the Clerk to the Board of
Commissioners.
Adopted this 3rd day of January, 2011.
___________________________________________
Chairman, Board of Commissioners
[SEAL]
______________________________________________
Clerk to the Board of Commissioners
F:\SHARE\capital projects\capital project ordinances\CIP 2009\CIP 2009 63 fund 1 3 11.doc
35
Presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2010
Description
David Clawson, Finance Director and Robert Taylor, partner with Potter and Company, the County's
independent auditors, will present the CAFR and the results of the audit for the fiscal year ended June 30, 2010.
Item Presenter
David Clawson, Finance Director; Bob Taylor, Partner, Potter & Company
Board Action Requested
None, presentation only
36
Consent Agenda
Description
1.
2.
3.
4.
5.
Approval of Minutes (12.6.10)
ECBH Funding Request
Dare County Transportation Department (Drug and Alcohol Testing Policy)
Personnel Policy Changes and Updates
Red Bag Grant
Item Presenter
County Manager Outten
Board Action Requested
Approval of Consent Agenda
40
COUNTY OF DARE, NORTH CAROLINA
District 1: Roanoke Island & Mainland; Dist 2: Nags Head, Colington, Kill Devil Hills; Dist. 3: Kitty Hawk,
Southern Shores, Duck; Dist. 4: Chicamacomico, Avon, Buxton, Frisco, Hatteras; Dist. 5: At Large
THE DARE COUNTY BOARD OF COMMISSIONERS MEETING December 6, 2010—9:00 A.M. Dare County Administrative Building PO Box 1000, Manteo, North Carolina 27954 Commissioners Present: Chairman Warren Judge, Dist. 3; Vice‐Chairman Burrus, Dist. 4; Virginia Tillett, Dist. 1; Richard Johnson, Dist. 1; Max Dutton, Dist. 2; Mike Johnson, Dist. 2.; Jack Shea, Dist. 5 Commissioners Absent: None Others Present: County Manager Bobby Outten, Dorothy Toolan — Public Information Officer, Dave Clawson — Finance Director, Katie VanLear—Clerk to the Board Action: Swearing In Ceremony — Commissioners Tillett, Dutton and Shea, and Register of Deeds, Vanzolla McMurran, sworn in Election of Chairman — Commissioner Judge Elected Election of Vice‐Chairman — Commissioner Burrus Elected Employee of the Month December 2010 — Presented to Debbie Bratton DCTB Request Consent of DCBC for Short Term Restricted Fund Projects — Approved Kitty Hawk Park Project — Bid Awarded to Barnhill Contracting, Rejected Bids for Structures, Reduced Scope of Bathroom, Authoriza‐
tion to Rebid Structures Portion of Contract Adoption of the 2009 Dare County Land Use Plan — Adopted Proposed Fare Plan Dare County Transportation System — Approved (Vote: 6‐1) Motion for Com. R. Johnson to Recuse His Vote from Items 13 &15 Due to Employer — Approved Amendment to Capital Project Ordinance for Emergency Communications System Project — Approved (Vote: 6‐0) Lease of Tower Space on Manteo Tower from CenturyLink & Budget Amendment— Approved (Vote: 6‐0) Veterans Park — Approved M. Daniels, G. Eure, D. Willis, F. Hester and S. Williamson Retired Officers Guns and Badges — Authorization to Award Upon Payment of $1.00 Road Request—Cahoon Road, Mashoes, NC — Approved Schedule of Board of Commissioners Meeting Dates for 2011 — Adopted Consent Agenda — Approved 1. Approval of Minutes (11.15.10) 2. Memorandum of Understanding/Agreement Between the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management 3. Board of Elections Budget Amendment—State HAVA Grant Proceeds Board Appointments 1. Special Motor Vehicle Valuation Review Board — Reappointed (R. Johnson, D. Sawyer and L. Hageman) 2. Dare County Youth Council— Reappointed (J. Martinez, H. Netsch, K. Burrus and M. Witter); Appointed (C. Sawyer) 3. Tourism Board — Appointed (R. Buxton, S. Webster, J. Daniels, A. Burrus) 4. Board of Equalization and Review — Reappointed (S. Jones, B. Gray, T. Jones, B. Britt, M. Davenport) 5. Upcoming Board Appointments for January 2011 — Nursing Home Community Advisory Council Outer Banks Catch Letter of Inquiry to The Golden LEAF Project & Grant Application — Approved Public Hearing Scheduled For Zoning Ordinance Amendment Re: 15 Day Public Hearing Notice Requirement — Approved Department of Public Health Immunization Budget Amendment — Approved Rural Center Grant Extension — Approved Closed Session: 1. Approval of Minutes (11.15.10) — Approved 2. Convene the Stumpy Point Water and Sewer Authority (Litigation) Re: Stumpy Point Sewer Project Contract —Convened and Closed Session Held Land of Beginnings
COMMISSIONERS OFFICE— PO Box 1000, Manteo, NC 27954 • 252.475.5700 • darenc.com
41
Ms. Katiee VanLear, Cllerk to the Booard, called thhe meeting to order at 9:00 a.m., invitedd Rev. Kevin
Brunk, Rooanoke Island
d Presbyteriann Church to shhare a prayer,, and then ledd the pledge of
o allegiance to
t the
flag.
ITEM 1 – SWEARIN
NG IN CERE
EMONY (Attt. 1)
The Honoorable Judge James
J
Cole addministered thhe oaths of offfice to Virginnia Tillett andd Register of
Deeds, Vaanzolla McM
Murran. The Honorable Jerrry Tillett administered the Oaths
O
of Offiice to Max Duutton
and Jack Shea.
S
ITEM 2 – ELECTION
N OF CHAIR
RMAN
Ms. Katiee VanLear, Cllerk to the Booard, conducteed the electionn of Chairmaan.
Commissiioner Burrus nominated Coommissioner Judge.
In accordaance with Rob
bert’s Rules, no second waas necessary and
a the vote was
w taken by show of handds.
VOTE: unnanimous
Commissiioner Warren
n Judge was ellected Chairm
man of the Booard.
N OF VICE--CHAIRMAN
N
ITEM 3 – ELECTION
Ms. VanL
Lear turned th
he meeting ovver to Chairmaan Judge whoo conducted thhe election off Vice-Chairm
man.
Commissiioner Mike Jo
ohnson nominnated Commissioner Burruus.
In accordaance with Rob
bert’s Rules, no second waas necessary and
a the vote was
w taken by show of handds.
VOTE: unnanimous
Commissiioner Allen Burrus
B
was eleected Vice-Chhairman of thhe Board.
The Boardd recessed in order to allow
w those in atteendance to coongratulate thhe Commissiooners and theiir
families.
RECESS 9:14 A.M. – 9:28 A.M.
County Manager
M
Outteen introduced the new Hum
man Resourcees Director, Elizabeth
E
Reillly, and gave a
brief overrview of her background
b
annd qualifications.
ITEM 4 – PRESENTA
ATION OF COUNTY
C
SE
ERVICE PIN
NS
1) Deborah
D
Parkeer, Computer Systems Adm
ministrator I, received
r
her 10 year pin frrom Jay Burruus,
Social Services Director.
M
Moynahan, Physiciann Extender II, received her 10 year pin from
f
Judy Flaagge, Public
2) Mary
H
Health
Nursing
g Director.
Caseworker II,
3) Patricia McCarrter, Income Maintenance
M
I received her
h 25 year pinn from Melannie
C
Corprew,
Adullt Services Suupervisor.
ITEM 5 – EMPLOYE
EE OF THE MONTH
Mrs. Debbbie Bratton, Income
I
Mainttenance Casew
worker III wiith the Departtment of Social Services,
received the
t Employeee of the Monthh Certificate from
f
Jay Burrrus, Social Seervices Directtor.
C
S
ITEM 6 – PUBLIC COMMENTS
1) Robert
R
Creef, Manns
M
Harboor resident, thhanked Comm
missioner Tilleett for encouraging the donnation
off a pool table for the Dare County Center. He asked the Board forr an additionaal pool table and
a
lights for the taables so they can hold tourrnaments at thhe Center.
2) Major
M
Curles, Wanchese resident, requessted a pool tabble for the Daare County Center and
exxplained the issues
i
they haave with havinng only one (1)
( table.
3) Ervin
E
Johnson, Wanchese reesident, requeested an addittional pool tabble for the Daare County Center.
4) Diannalea
D
Kniight, Manteo resident,
r
addrressed the Board regardingg the small sizze of the locall
hoospital and th
he need for moore beds to seerve the need of the comm
munity. She askked to increasse the
42
beed number fro
om twenty-onne (21) to onee hundred (1000) so citizenss do not have to drive to
V
Virginia
to recceive care. She also congraatulated Comm
missioners Juudge, Burrus and
a Shea.
ITEM 7 – RECOGNIITION OF DARE
D
COUN
NTY 4-H YOUTH REPRE
ESENTATIV
VE
Ms. Katheerine Irby, 4-H
H Agent, recoognized the 4-H
4 Youth Representative, Ivan Howardd, for attendinng the
Youth Sum
mmit-Youth Voice
V
during the 2010 North Carolina Association
A
o County Com
of
mmissioners
meeting on
o behalf of th
he youth in Dare
D County. She
S gave an overview
o
of thhe Summit annd shared Mr.
Howard’ss qualification
ns as represenntative. Comm
missioner Tilleett shared how
w honored shhe was to see Mr.
M
Howard as
a the commun
nity representtative. She inntroduced his family and nooted how mucch of an honoor it is
to have yooung people of
o his caliber in the commuunity.
UNTY TOURISM BOAR
RD REQUES
ST CONSEN
NT OF DARE
E COUNTY
ITEM 8 – DARE COU
BOARD OF COMMIISSIONERS FOR SHOR
RT TERM RE
ESTRICTED
D FUND PRO
OJECTS (Attt. 2)
Mr. Lee Nettles,
N
Manaaging Directorr of the Outerr Banks Visitoors Bureau, apppeared beforre the Board
seeking appproval for th
he expenditure of restrictedd funds from the
t Short Terrm Restricted Fund Projectts in
the amounnt of $259,890.00. The funnds would be used to aid prrojects for thee Dare Countty Arts Counccil,
Town of Kitty
K
Hawk and Town of Manteo.
M
He gave a brief exxplanation of the projects and
a requestedd
approval of
o the expend
ditures. Vice-C
Chairman Buurrus asked Mr.
M Nettles to explain
e
the prrocess of how
w the
funds are distributed on
n a reimbursaable basis andd shared his suupport of the projects. Com
mmissioner Shhea
noted the funds come out
o of Tourism
m Board fundds and not from the Countyy, and that maany funds are
received through
t
grantts. Commissiooner Tillett assked for clariffication on thee Arts Council project
requested amount.
N
MOTION
Commissiioner Shea an
nd Vice-Chairrman Burrus motioned
m
to authorize
a
the Dare County Tourism Boaard
expendituures from the restricted
r
funnd from the Shhort Term Reestricted Fundd Projects as outlined
o
totaliing
$259,890..00.
Commissiioner Dutton seconded thee motion.
VOTE: AYES
A
unanim
mous
OD INDUSTR
RIAL PARK
K WATER SY
YSTEM
ITEM 9 – WANCHESE SEAFOO
Mr. Carl “Pogey”
“
Worrsley, Seafoodd Authority Board
B
memberr, appeared beefore the Boaard to discuss the
future of the
t Park’s waater system inn light of Daree County’s plaan to expand water servicee to Wanchesee and
the rest off Roanoke Island. He descrribed discussiions had by thhe Wanchese Seafood Induustrial Park abbout
making thhe water systeem public andd the request to
t open up a formal
f
discussion with the County regarrding
the water system. The Commissioneers asked Mr. Bob Peele, Director
D
of Wanchese
W
Seaffood Industriaal
Park, to cllarify questio
ons on water quality,
q
capaccity and other details on thee system. Com
mmissioner
Richard Joohnson suggeested asking the
t engineer to handle this issue. Countyy Manager Ouutten noted thhere
have beenn discussions on how to inttegrate parts of
o the system into the Counnty’s system and gave several
options onn what would
d be possible. Chairman Judge asked Coounty Manageer Outten to meet
m with Mr..
Peele andd all parties involved to seee what is possible going forrward. Comm
missioner Tilleett asked how
w the
Park’s eassements woulld be acquiredd and how theeir system woould be dealt with
w in conjunnction with thhe
new systeem. Mr. Outteen explained originally
o
theyy discussed using
u
a meter and then allow
wing the Parkk to
resell to thhe users withiin the Park. Commissioner
C
r Mike Johnsoon explained the Park needds a formal
assessmennt and shared both sides off the argumennt on whether it is viable orr not. He requuested the grooup
bring a suummary back to the Board.. Vice-Chairm
man Burrus assked for clariffication on seewer permits and
a
Mr. Peelee gave a brief history that leed to the deciisions that havve been madee regarding thhe new system
m.
The Boardd discussed th
he issues surrounding the Park’s
P
sewer system and itts implementaation solely within
w
the Park. Mr.
M Peele ask
ked about the schedule for the new Counnty water sysstem. County Manager Outtten
noted the current sched
dule is June 30, 2012, but is
i dependent on
o easement acquisition.
a
C
Commissioner
r
a if there would
w
be any in
i the future to
t allow for public
Dutton asked if public meetings havve been held and
input. Mr. Peele noted he thought thhis would be necessary
n
as the
t project coontinues.
43
OUNTY ART
TS COUNCIIL FEASIBIL
LITY STUDY FOR OLD
D
ITEM 100 – DARE CO
COURTH
HOUSE
Ms. Lauraa Martier, Darre County Arrts Council Exxecutive Director, gave a brief
b
overview
w of the statistics
regarding use of the Arrts Center witth its new location and the resulting increase in saless. She asked for
f
g term extensiion for the leaase and notedd they have secured over $4400,000
considerattion of a long
commitments for fundiing of the rennovations. Mrr. John Shurleey, Insight Arrchitects, Inc., presented thhe
Conceptual Design Plaan for DCAC’’s continued renovations
r
o the Historicc Dare Countyy Courthouse.
of
Ms. Kitty Dough, President of the Dare
D County Arts
A Council, noted they arre pleased to present the pllan
and appreeciated all of the
t support thhey have receiived. Chairmaan Judge sharred his apprecciation of the Arts
Council and
a what they have done with
w the building. He noted how well thee changes havve been receivved
by the com
mmunity.
MOTION
N
Commissiioners Tillett and Shea mootioned to accept the Arts Council
C
conceeptual plan annd to approvee their
continuedd work on the project.
Commissiioner Dutton seconded thee motion.
County Manager
M
Outteen noted it waas all funded with
w their funnds and not County moniess.
VOTE: AYES
A
unanim
mous
Commissiioner Richard
d Johnson askked if the CIPC could handdle this item inn the future without
w
it haviing to
come befoore the Board
d each time. Mr.
M Outten staated the Arts Council
C
woulld continue too work to gainn
grant fundding which would
w
help dettermine the exxtent of the loong term leasee needed in thhe future. He noted
he would begin workin
ng on a long term
t
lease thaat will come before
b
the Boaard for approvval. He also noted
n
renovationns will contin
nue to move forward
f
and changes wouldd be brought back
b
to the CIP
C to address, and
then for appproval by th
he Board.
RECESS 10:58 A.M. – 11:17 A.M.
ITEM 11 – KITTY HAWK
H
PARK
K PROJECT
T
County Manager
M
Outteen noted this project
p
is grannt funded andd announced the
t bids for thhe Kitty Hawkk
Park projeect were soliccited in three parts.
p
The firrst part was thhe skate park and the Boarrd has approved
that bid annd awarded th
he contract att a cost of $1000,000.00. Thhe second bidd was for the site
s work. Thhe
low biddeer for that porrtion of the woork was Barnnhill Contractiing Companyy with a bid off $142,431.000. He
explainedd the engineerr has reviewedd that bid, fouund it to be inn order and reccommends appproval of thee bid
and awardd of the contraact. The thirdd bid was for the structuress on the projeect. The low bidder
b
was KJ
K
Constructtion at $144,3
345.00. Whenn the professional fees for surveyors, enngineers, perm
mitting and thhe
miscellaneous expensees for playground equipmennt, picnic tables, benches, signs, and othher items are
added to these
t
costs, th
he total cost of
o the project came in at $4498,606. The budget for thhe project wass
$499,630.. This left a contingency
c
o only $1,0244. He shared his concern that
of
t a continggency this smaall
would nott allow the Co
ounty to be asssured Countyy funds wouldd not be requiired to compllete the projecct.
One largee item in the bid
b that exceeded expectatiions was the restrooms.
r
Hee explained thhe scope of thhe
restroomss can be reducced and the enngineers belieeve significannt savings cann be achieved to create a
satisfactorry contingenccy. He sharedd this item wennt before the CIPC and theey recommennd this bid be
rejected, the
t scope of th
he restrooms be reduced, and
a this portioon of the projject be rebid to
t achieve a loower
cost and a larger contin
ngency to insuure no countyy funds are exxpended.
MOTION
N
Commissiioner Shea motioned
m
to approve the bidd for Barnhill in the amounnt of $142,4311.00 for the siite
work, rejeect the bid forr the structurees, reduce the scope of the restrooms, annd rebid the structures
s
porttion
of the proj
oject with a reduction in scoope for the reestroom.
Vice-Chairman Burruss and Commisssioner Dutton seconded thhe motion.
A
unanim
mous
VOTE: AYES
44
MOVE TO
T ITEM 14
ITEM 122 – PROPOSE
ED FARE PL
LAN FOR DARE
D
COUN
NTY TRANS
SPORTATIO
ON SYSTEM
M
(Att. 3)
County Manager
M
Outteen gave an ovverview of how
w the Countyy came to deteermine a fare system wouldd be
needed to address the increased
i
need for transporrtation in the community. Mr.
M Don Cabana,
or, reviewed thhe fare plan and
a announced due to the drastic
d
increasse in ridershipp
Transporttation Directo
levels for FY2011 (app
proximately a 35% increasse), additionall revenue sourrces have beeen sought to help
h
offset the operating exp
penses. He gaave a brief sum
mmary of thee various fees in the propossed fare plan and
when it would
w
be impleemented. Mr.. Outten notedd it has been approved
a
by the
t Transporttation Board. In
addition, he
h had asked Mr. Jay Burrrus, Social Services Directoor, and Ms. Anne
A
Thomas, Health Director,
to review the service arrea to ensure all necessaryy areas are covvered. Ms. Annne Thomas had
h questionss on
excludingg large groupss. Mr. Burrus noted there iss demand thatt has been supppressed for a long time annd he
was glad to
t see the Cou
unty has focuused to try andd create easier access. Mr. Outten notedd if the plan was
w
not implem
mented, Tran
nsportation woould have to be
b scheduled according to budgeted am
mounts
subsequenntly affecting service availlability. Comm
missioner Tilllett shared heer concerns foor “extra” oldeer
citizens haaving to pay these
t
fees. Mr.
M Outten expplained the thoought processs behind the plan
p is to ask for
payment from
f
those wh
ho have the ability
a
to pay. He feared baasing a plan onn age versus ability
a
to payy as he
saw manyy potential pro
oblems arisingg from this sccenario. The Board
B
held diiscussion on revenue
r
versuus
available County Fund
ding. Commissioner Richarrd Johnson shhared he feels everyone shoould be requirred to
pay at least $1.00 per trip.
t
Commisssioner Tillett asked if addittional staff would be needeed to implement
the plan. Mr.
M Cabana reeplied they arre going to tryy and maintaiin current stafff levels throuugh
implemenntation. He alsso noted they would be bacck to the Boaard regarding grant funds too expand the
system. Fuurther discusssion was heldd on the plan and
a potential changes suchh as charging all riders at least
$1.00. Mrr. Cabana noteed he would return
r
with thhe numbers foor this type off plan. Comm
missioner Sheaa
asked to pass
p the current proposal with
w adding $11.00 minimum
m charge to evveryone. Mr. Outten suggeested
passing thhe plan as is to
o ensure the system
s
workss properly beffore charging $1.00 to everryone and posssibly
creating a staffing prob
blem.
MOTION
N
Commissiioner Shea motioned
m
to approve the prooposed Fare Plan
P as presennted.
Commissiioner Dutton seconded thee motion.
Chairmann Judge asked about an impplementation date. Mr. Cabbana shared thhe target datee is the end off
January, but
b the publicc would need to be notifiedd of the changges previous to implementaation.
Commissiioner Shea modified
m
his motion
m
to apprrove the propoosed Fare Plann as presentedd, to have thee plan
implemennted as quickly as administtratively possiible, and to auuthorize the County
C
Manager to make
certain thee exclusions list
l is complete with the abbility to add too the list if neeeded.
Commissiioner Dutton seconded thee amended mootion.
Commissiioner Tillett noted
n
she felt this process was
w moving fast
f and she did
d not supporrt the motion.
Commissiioner Dutton shared he suppported the pllan and feels it is necessaryy.
Chairmann Judge noted if this plan iss adopted andd there is an errror, the errorr needs to be that
t someonee rides
for free.
VOTE: AYES
A
(6) Chaairman Judge, Vice-Chairm
man Burrus, Commissioner
C
rs Mike Johnsson, Dutton, Shea
S
and Richard Johnnson.
N
NOES
(1) Com
mmissioner Tillett
CH 11:58 P.M
M. – 1:11 P.M
M.
RECESS FOR LUNCH
MENT TO CAPITAL
C
PR
ROJECT OR
RDINANCE FOR
F
EMER
RGENCY
ITEM 133 – AMENDM
COMMU
UNICATION
NS SYSTEM PROJECT (Att.
(
4)
County Manager
M
Outteen announcedd several channge orders neeeded for the Emergency
E
Coommunicationns
System Prroject including $9,140 forr CenturyLinkk required connversion from
m AC power to
t DC power;;
$2,700 for removal of old equipmennt from towerr (change ordeer with Motorrola); $1,890 for radios forr
45
Stumpy Point
P
and Man
nns Harbor voolunteer fire departments
d
too be reimburssed by them (change
(
orderr with
Motorola)); and $17,572 for four (4) capacity keyys. Commissiooner Shea askked why the power
p
needs to be
convertedd from AC to DC. County Manager
M
Outten and Comm
missioner Ricchard Johnsonn offered
clarification. Vice-Chaairman Burruss asked if the radios being purchased woould be by the County or on
o
contract. Mr.
M Outten no
oted they werre being purchhased in orderr to make theem submersiblle and the firee
departmennts requesting
g the purchasee would reimbburse the Couunty for the associated cost. Commissiooner
Richard Joohnson noted
d these changee orders are too be expectedd as there are so many grouups involved in
i
this proceess – one that has gone veryy smoothly thhus far. Comm
missioner Ricchard Johnsonn asked to be
recuesed from
f
the votee as he works for CenturyL
Link.
MOTION
N
Commissiioner Shea motioned
m
to reccuse Commisssioner Richarrd Johnson from voting onn Items 13 andd 15.
Vice-Chairman Burruss seconded thee motion.
VOTE: AYES
A
unanim
mous
MOTION
N
Commissiioner Shea motioned to approve the chaange orders annd approve thhe capital projject ordinancee.
Commissiioner Dutton seconded thee motion.
VOTE: AYES
A
(6)
Chairman Judge,
J
Vice-C
Chairman Burrrus, Commissioners Shea,, Dutton, Tilleett
and Mike Johnson
J
N
NOES
(0)
R
RECUSED
(1)) Commissiooner Richard Johnson
J
T ITEM 15
MOVE TO
ON OF THE
E 2009 DARE
E COUNTY LAND
L
USE PLAN
P
UPDA
ATE (Att. 5)
ITEM 144 – ADOPTIO
Ms. Donnna Creef, Plan
nning Directorr, explained last
l month thee Board conduucted a publicc hearing on the
t
2009 updaate of the Lan
nd Use Plan. At that time, she requestedd adoption off the update be delayed to allow
a
for the com
mpletion of several
s
revisioons that had been
b
requestedd by the Division of Coasttal Managemeent
staff. Shee noted those revisions are complete andd copies of thhe revised pagges are includded in the Boaard
packet. Thhe State guideelines requiree that local goovernments addopt a resoluttion as part off the approvall of
land use plan
p updates. She drafted a resolution which
w
includess the appropriiate language required by the
t
CAMA guuidelines. Shee stated if it iss the pleasuree of the Boardd, they could indeed
i
act onn the LUP upddate
at this tim
me. Commissio
oner Shea askked for clarifiication on pagge 90 populattion projectionns.
MOTION
N
Vice-Chairman Burruss motioned to adopt the 20009 update of the
t Dare Couunty Land Usee Plan and thee
accompannying resolutiion.
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
T ITEM 12
MOVE TO
O TOWER SPACE
S
ON MANTEO TOWER
T
FRO
OM CENTU
URYLINK (A
Att. 6)
ITEM 155 – LEASE OF
Mr. Outteen explained as
a part of the 800 MHz raddio system, thhe County is required to plaace antennas on
the Manteeo Tower own
ned by CenturryLink. He annnounced we are also placing a small am
mount of
equipmennt in their buillding as well as removing some
s
old equuipment for thhat tower. He noted the
proposed lease increasees our rent onn the tower too $1,954.32 peer month for an
a annual cosst of $23,451.84.
This is in line with whaat the Countyy charges to alllow antennass on our wateer towers. He stated old
equipmennt would be elliminated as well
w as the rennt paid for thee older equipm
ment. This woould reduce thhe
annual cost to a net of approximatelly $14,000. The
T term of thhe lease is fivee (5) years wiith two (2)
automaticc five (5) yearr renewals unlless either parrty gives the other
o
six (6) months
m
noticee, prior to
expirationn, of its intentt to terminate.. There is a five (5) percennt annual increease. There arre several othher
technical issues in the lease
l
that are still being worked out witth Motorola thhat do not afffect the Countty’s
46
cost or ouur term. The leease contains a onetime chharge of $9,1440.46 to change from AC to
t DC currentt.
This is noot required by our system but
b is mandateed by CenturyyLink.
MOTION
N
Commissiioner Tillett motioned
m
to approve
a
the leease, authorizee the County Manager to execute
e
the
agreemennt, authorize laanguage channges which doo not increasee costs or channge terms of the
t lease and are
approved by the Countty Manager, and
a to approve the Budget Amendment for tower rennt.
Commissiioner Dutton seconded thee motion.
VOTE: AYES
A
(6) Chaairman Judge, Vice-Chairm
man Burrus, Commissioner
C
rs Shea, Duttoon, Tillett andd
Mik
ke Johnson
N
NOES
(0)
R
RECUSED
(1)) Commissiooner Richard Johnson
J
ITEM 166 – VETERA
ANS PARK
County Manager
M
Outteen explained in
i honor of veeterans througghout North Carolina,
C
a paark is being
constructeed in Fayettev
ville, NC. Eaach County haas been askedd to submit a veteran
v
as its representativve and
to also subbmit the nam
mes of four (4)) supporters. Punk Danielss has been reccommended as
a Dare Countty's
representaative and Glen
nn Eure, Danniel Willis, Fraank Hester annd Sheila Willliamson as thhe supporters.
Vice-Chairman Burruss commented World War III, Korea,Viettnam and Iraqq wars are all represented with
w
these suppporters.
MOTION
N
Commissiioner Tillett motioned
m
to approve
a
the reecommendatioon of Punk Daniels as the Dare
D County
representaative, and Gleenn Eure, Danniel Willis, Frrank Hester annd Sheila Williamson as thhe four (4) Daare
County suupporters.
Commissiioners Dutton
n and Shea seconded the motion.
m
VOTE: AYES
A
unanim
mous
D OFFICERS GUNS AN
ND BADGES
ITEM 177 – RETIRED
County Manager
M
Outteen explained NCGS
N
20-1877.2 provides that
t upon retiirement, a retiiring law
enforcemeent officer is entitled to recceive his badgge at no cost and the Boardd, in its discreetion may, uppon
request, aw
ward to a retiiring officer thhe service sidde arm of suchh retiring offiicer, at a pricee to be determ
mined
by the Booard, and upon
n the retiring officer obtainning a permit for such sidee arm or the reendering of thhe
firearm inncapable of firring. He stateed Sheriff Miidgett retired effective Deccember 1 and has requestedd his
badge andd side arm. Otther officers in
i the Sheriff'
f's departmentt have retired or plan to rettire in the nexxt few
months. They
T
are entittled to receivee their badgess. He shared in
i the past, thhe County hass awarded them
their side arm upon pay
yment of one (1) dollar.
N
MOTION
Vice-Chairman Burruss motioned to authorize thee award of rettired officer’ss badge and siide arm upon
payment of
o one (1) dolllar in compliance with staatutory terms set
s forth GS 20-187.2.
2
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
ITEM 188 – ROAD RE
EQUEST – CAHOON
C
RO
OAD, MASH
HOES, NC (A
Att. 7)
County Manager
M
Outteen presented a petition to add
a Cahoon Road,
R
Mashoees, NC to the State’s
S
system
m of
maintenannce. He noted
d the Board is the conduit for
f these petittions going too DOT to makke sure there are
a
no objectiions before it is submitted..
MOTION
N
Commissiioner Tillett motioned
m
to approve
a
the suubmission of the
t petition annd resolutionn to DOT to addd
Cahoon Road
R
to the Sttate’s system of maintenannce.
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
47
ITEM 199 – SCHEDU
ULE OF BOA
ARD OF COM
MMISSIONE
ERS MEETIING DATES
S FOR 2011
(Att. 8)
County Manager
M
Outteen presented the
t schedule for
f meeting dates
d
in 2011.
MOTION
N
Commissiioner Shea motioned
m
to approve the dattes.
Commissiioner Dutton seconded thee motion.
VOTE: AYES
A
unanim
mous
NT AGENDA
A (Att. 9)
ITEM 200 – CONSEN
Commissiioner Shea motioned
m
to approve the Consent Agendaa:
1) Approval
A
of Minutes
M
(11.155.10)
2) Memorandum
M
of Understannding/Agreem
ment Between the State of North
N
Carolinna, Departmennt of
C
Crime
Controll and Public Safety,
S
Divisioon of Emergeency Managem
ment
3) Board
B
of Electtions Budget Amendment
A
– State HAVA
A Grant Proceeds
Vice-Chairman Burruss seconded thee motion.
VOTE: AYES
A
unanim
mous
A
ENTS
ITEM 21 – BOARD APPOINTME
1) Sppecial Motor Vehicle Valuuation Review
w Board
Commissiioner Shea motioned
m
to reaappoint Richaard Johnson, Dock
D
Sawyerr and Lori Haageman.
Vice-Chairman Burruss and Commisssioner Dutton seconded thhe motion.
VOTE: AYES
A
unanim
mous
2) Dare
D County Youth
Y
Counciil
Commissiioner Tillett motioned
m
to reeappoint Joy Martinez, Hillarey Netsch, Kathy Burruus and Matt Witter,
W
and to apppoint Colby Sawyer
S
as vaccant youth meember for Roaanoke Island//Mainland Divvision.
Commissiioner Mike Jo
ohnson seconded the motioon.
VOTE: AYES
A
unanim
mous
3) Tourism
T
Board
d
Commissiioner Mike Jo
ohnson motiooned to reappooint Ralph Buuxton, Sterlingg Webster, Jaamie Daniels,
Allen Burrrus, and mov
ved to wait forr the Duck annd Southern Shores
S
seat noominations at the next meeting.
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
4) Board
B
of Equaalization and Review
R
Commissiioner Tillett motioned
m
to reeappoint Skipp Jones, Bettee Gray, Talmaadge Jones, Barbara
B
Britt and
a
Michael Davenport.
D
Vice-Chairman Burruss and Commisssioner Dutton seconded thhe motion.
VOTE: AYES
A
unanim
mous
5) Upcoming
U
Boaard Appointm
ments for Januuary 2011
County Manager
M
Outteen announcedd the upcominng Board appoointments for January 20111 as the Nursiing
Home Community Adv
visory Counccil.
ITEM 222 – COMMIS
SSIONERS’ BUSINESS
B
Chairmann Judge suggeested the Boarrd instruct thee County Mannager to addreess the in-couunty and out-oofcounty traavel policy, paarticularly forr the Commisssioners, to cllear up misunnderstandings by providingg a
less subjective interpreetation of the policy.
p
He assked this revissed policy be returned to thhe Board as
expeditiouusly as possib
ble. The Boarrd shared theirr support. Mrr. Outten noted he would siit down with
Finance Director,
D
Daviid Clawson, and
a other staff
ff to clarify recent issues annd would retuurn with revisions
to the entiire policy.
d Johnson reqquested Ms. Donna
D
Creef, Planning
P
Direector, to find ways to expeedite
Commissiioner Richard
Planning items
i
such ass the recent am
mendment reqquest by Mr. Wayne
W
Umpllett. He notedd how long thiis
48
item took to finalize an
nd would like to find ways to shorten thhe process. Mrr. Outten sugggested puttingg this
on the Jannuary meeting
g agenda. Com
mmissioner Richard
R
Johnson asked thatt it be discussed during this
meeting, and
a if there were
w issues wiith changes thhen staff couldd object. Ms. Creef was assked to make
copies of her suggestio
ons for the Booard to review
w and this item
m would be adddressed at thhe end of
Commissiioners’ Busin
ness.
Commissiioner Mike Jo
ohnson sharedd Outer Bankks Catch is mooving forwardd into their second budget year.
y
The 1st yeear the program
m received thheir budget from The Goldden LEAF Fouundation. He noted the proogram
was able to
t gain momeentum, but needs additionaal funds to conntinue. He staated there havve been no extreme
measurable successes or
o failures at this
t point, but the program
m is still in thee beginning sttages. The
program would
w
like to file a letter of intent to appply for additioonal funds thrrough The Goolden LEAF
Foundatioon. If eligible,, the program
m would like too apply for thhe grant fundss. Commissioner M. Johnson
requested approval of the
t letter of innquiry and appproval to appply for the graant if the letteer is successfuul.
N (Att. 10)
MOTION
Commissiioner Mike Jo
ohnson motiooned to approvve the submisssion of a letteer of inquiry form the Daree
County Commission fo
or Working Watermen
W
to The
T Golden LEAF
L
Foundaation for a nonn-matching grrant
and upon invitation by their Board, authorize Darre County staaff to submit a full applicattion.
Commissiioner Dutton and Vice-Chaairman Burruus seconded thhe motion.
Commissiioner Tillett asked
a
if all appplicants havee to do the lettter of inquiryy. Commissionner M. Johnsoon
respondedd everyone do
oes have to doo the letter. He
H stated last year
y the progrram was succcessful in obtaaining
the Foodss Initiative graant which hass been done aw
way with for this year. Insstead, this yeaar the program
m is
applying to
t a grant witth a much largger applicant base grant. He
H then pleadeed with the coommunity to join
j
Outer Bannks Catch as it
i is a tool to help
h fight neggative bureauucracy.
VOTE: AYES
A
unanim
mous
Chairmann Judge welco
omed Sheriff Doughtie
D
whoo thanked thee Board and Dare
D County for
f their suppoort
and helpfu
fulness during
g the recent traansition. Vicee-Chairman Burrus
B
asked Sheriff
S
Doughhtie to deliverr his
contact innformation forr everyone to have on handd.
Commissiioner Dutton shared his apppreciation off employees reeceiving service pins and the
t Employeee of
the Monthh, Debbie Braatton. He thannked the citizeens of Dare County
C
for alloowing him too be sworn in and
to serve as Commission
ner for anotheer term. He enncouraged evveryone to conntact him witth their conceerns.
Commissiioner Tillett thanked
t
everyyone for their support over the last four (4) years andd hoped for
continuedd support overr the next fouur (4) years. Shhe wished everyone a Merrry Christmass and announcced
the 4th Annnual Roanoke Island Toy Drive on Tueesday, Decem
mber 7th from 5:30p.m.
5
untiil 7:30p.m. (agges 1
month to 7 years), and Thursday, December 9th from
fr
5:30p.m. until 7:30p.m
m. (ages 8 to 12) at the Daare
County Center. She theen asked for clarification
c
o the processs for adding street lights too Francis Drakke
on
Street, Haarriot Street, and
a Bernice Avenue
A
in Maanteo. Countyy Manager Ouutten noted if the street is within
w
Town lim
mits, then the request
r
wouldd have to abidde by the Tow
wn of Manteo’’s process. Hoowever, if it is
i in
the Countty, Dominion Power says the
t purchase of
o the pole annd monthly fee would needd to be paid byy
someone. He noted DO
OT does not innstall street liights unless itt is for one off their purposees. Commissiioner
Tillett askked if safety concerns
c
would be such a purpose.
p
Mr. Outten noted he would maake this requeest to
DOT.
Vice-Chairman Burruss thanked the employees reeceiving awarrds and Ivan Howard
H
for atttending the
meeting. He
H proceeded
d to read a preess release froom the Univerrsity of Healtth Systems (A
Att. 11) and noted
the hours of operation on Hatteras Island by one (1) hour in thhe summer. He
H shared his frustrations
f
w
with
this situattion and the difficult
d
choicees that will haave to be madde down the road
r
as a result of this actioon.
He also shhared NCDOT
T, Fish & Wiildlife, Federaal Highway annd Dare Counnty are workinng hard to keep
bridge proocess moving
g forward. He thanked bothh Senators Buurr and Hagann, and Commiissioner Byrdd for
49
working overtime
o
on th
his process. He
H noted whenn he goes to Washington
W
D he will stay safely. Hee
D.C.
then wishhed everyone a Merry Chrisstmas.
Commissiioner Shea ex
xpressed his appreciation
a
f all those reeceiving serviice pins and Debbie
for
D
Brattoon.
He stated it is people liike these that make the Coounty what it is.
i He stated he
h had met with four (4)
ber of Commeerce, the Chairman of the Board
B
of Com
mmissioners, and the Counnty
members of the Chamb
Manager as
a a follow up
p to the plan he
h had propossed concerninng how to creeate more full time jobs. Thhe
held discuussion on wheen broadbandd would be available to helpp attract teleccommunicatinng jobs and
discovered it should bee available wiithin the next two (2) yearss. He asked thhe Chamber too contact otheer
Chamberss across the co
ountry to see how other areas have beenn successful in
i attracting joobs. He notedd
future meetings are plaanned. He prooposed for connsideration moving
m
the eleection for mem
mbers of the
Board of Education
E
fro
om the May primaries
p
to thhe regular elecction in Noveember. He notted Dare is onne (1)
of thirty-tthree (33) cou
unties (out of 100) that havve May electioons. He believves that this election
e
is verry
importantt as it involves educating our
o children. For
F the currennt year, the prrimary turnouut here was 9.883%,
while in thhe general eleection it was 45.43%.
4
Becaause more peoople had the opportunity
o
a desire to go
and
g to
the polls in
i November,, he requestedd the County Manager
M
meeet with the Chhairman of thee Board of
Educationn to explore th
his idea and innvolve the staate with this process.
p
He thhen thanked all
a of the peopple of
the Countty for allowin
ng him to workk for the citizzens again forr the next term
m. He wished everyone a very,
v
very Merrry Christmas and a wonderrful new yearr.
(Att. 12) Commissione
C
er Richard Johhnson asked Ms.
M Donna Creef,
C
Planning Director, too address
expeditingg Planning iteems in order to
t help encouurage businessses. Ms. Creef reviewed thhe options thatt
would be more accomm
modating to people
p
with prrojects. Mr. Outten
O
stated the
t 1st suggesstion on the
handout makes
m
sense and
a is easy to accomplish, and
a the 3rd suuggestion requuires action but does not caause
any issuess. However, number
n
two (22) basically suuggests sendiing out a publlic notice for a public hearring
on an item
m the Board may
m have not seen. The Booard shared thheir support off items one (11) and three (33),
and their concerns
c
with
h suggestion two
t (2). Mr. Outten
O
noted he would insttruct staff to move
m
forwardd
with implementing sug
ggestion one. He noted the Board wouldd need to holdd a public heaaring on suggeestion
three if thhey wished to implement thhat process.
MOTION
N
Commissiioner Richard
d Johnson mootioned to set a public heariing for Januarry 3, 2010, att 10:00 a.m. too
change thhe fifteen (15) day notice too a ten (10) daay notice periiod for amenddments to the Zoning
Ordinancee.
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
Chairmann Judge thankeed the Comm
missioners for electing him as Chairman. He encouragged them to
submit a list
l of committtees and boarrds they are on
o or would liike to be on as
a he would bee making
committeee assignmentss. He shared he
h heard a touuching story from
f
Jenny Blackwell,
B
andd over the
weekend he
h had been in
i several partts of County and witnessedd an outpouriing from the community.
c
H
He
thanked Carrie
C
Simmons and Julie Haywood
H
esppecially for maaking Christm
mas special foor folks in thee
communitty. He thankeed the Toys foor Tots drive on
o Hatteras Issland and all the
t agencies that
t come toggether
to serve thhe greater Dare County. He wished a Merry
M
Christm
mas to everyonne and a safe and
a prosperouus
New Yearr.
GER’S/ATTO
ORNEY’S BU
USINESS
MANAG
(Att. 13) County
C
Manaager Outten annnounced thee Health Depaartment receivved State fundding in the am
mount
of $855.00 for an immu
unization plann. He noted thhey needed appproval for thhe budget ameendment to addd
this into thhe budget, an
nd authorizatioon of the expenditure pursuant to the buudget.
MOTION
N
Vice-Chairman Burruss motioned to approve the budget
b
amenddment.
50
Commissiioner Tillett seconded
s
the motion.
m
VOTE: AYES
A
unanim
mous
ITEM 233 – CLOSED SESSION
MOTION
N
Pursuant to
t the provisions of NCGS
S 143-318.11,, Commissionner Shea moveed that the Daare County Board
of Commiissioners go into
i
Closed Seession to: appprove the minnutes of the laast Closed Sesssion, and;
he movedd that the Stum
mpy Point Waater and Seweer Authority convene
c
for Closed
C
Sessionn to consult with
w
an attorneey employed or
o retained byy the County in
i order to preserve the atttorney client privilege
p
betw
ween
the attorneey and the Co
ounty regardinng the Stumppy Point Seweer Project.
Commissiioner Dutton and Vice-Chaairman Burruus seconded thhe motion.
VOTE: AYES
A
unanim
mous
AT 2:40 P.M.
P
THE DA
ARE COUNT
TY BOARD OF
O COMMIS
SSIONERS EN
NTERED INT
TO CLOSED
D
SESSION
N AND EXITE
ED AT 2:49 P.M.
P
(Att. 14) County
C
Manaager Outten noted
n
a letter from
f
the Ruraal Center exteending their grant
g
for the
Stumpy Point
P
System. Currently thee final report and closeout is due by Aprril. Approval is needed forr
grant exteension.
MOTION
N
Commissiioner Tillett motioned
m
to approve
a
the exxtension and authorize
a
the Chairman annd or County
Manager to
t execute thee documents.
Commissiioner Shea seeconded the motion.
m
VOTE: AYES
A
unanim
mous
County Attorney
A
reporrted the Stumppy Point Watter and Sewerr Authority heeard from the County attornney
in regardss to matters th
hat a part of thhe attorney cllient privilegee and took no other action.
Th
here being no further busin
ness, the Stum
mpy Point Water
W
and Sew
wer Authorityy adjourned.
Chairmann Judge reconv
vened the meeeting and Couunty Manageer Outten repoorted the minuutes of the lasst
Closed Seession were ap
pproved and took
t
no otherr action.
AT 2:51 P.M.
P
THE DA
ARE COUNT
TY BOARD OF
O COMMIS
SSIONERS ADJOURNED
A
D UNTIL 9:000
A.M. ON JANUARY 3,
3 2011.
(SEAL)
Resppectfully subm
mitted,
By: ______________________
Katie VaanLear, Clerkk
APPR
ROVED:
By: _____________
______________
W
Warren
C. Jud
dge, Chairmann
D County Board
Dare
B
of Com
mmissioners
51
ECBH Funding Request
Description
Request for Grant funds from East Carolina Behavioral Health for teen court training videos - No matching
funds required by County.
Item Presenter
n/a
Board Action Requested
Approval to submit Grant funds request to ECBH- No matching funds by County.
52
53
54
55
56
Dare County Transportation Department (Drug and Alcohol Testing Policy)
Description
Back in September of this year the Transportation Department had a Drug and Alcohol Testing Program
Compliance Review performed by staff of NCDOT. This review is being performed on each Transportation
System within the state. As a result of this review we were asked to follow a new policy template as well update
our policy to meet both NCDOT and FTA guidelines. I have completed the required task and have submitted
this for review to NCDOT and have received their approval. This has also been reviewed by our new Human
Resources Director.
Item Presenter
None
Board Action Requested
Would respectfully request the Dare County Board of Commissioners to adopt this policy as of January 3, 2011
per NCDOT's request.
57
Dare County Transportation Department
Drug and Alcohol Testing Policy
January 2011
1
58
DCTS Drug and Alcohol Testing Policy
Table of Contents
Section: A
Purpose (Page 3)
Section: B
Applicability (Page 4)
Section: C
Definitions (Pages 4-8)
Section: D
Education and Training (Page 9)
Section: E
Prohibited Substances (Pages 10,11)
Section: F
Prohibited Conduct (Page 11,12)
Section: G
Drug Statue Conviction (Page 12)
Section: H
Testing Requirements (Pages 12,13)
Section: I
Drug Testing Procedures (Pages 13-15)
Section: J
Alcohol Testing Procedures Continued (Page 16,17)
Section: K
Pre-Employment Testing (Pages 17,18)
Section: L
Reasonable Suspicion Training (Pages 18,19)
Section: M
Post-Accident Testing (Pages 19-22)
Section: N
Random Testing (Page 24)
Section: O
Return-to Duty Testing (Page 25)
Section: P
Follow-Up Testing (Page 25)
Section: Q
Result of Drug/Alcohol Test (Page 25-29)
Section: R
Grievance and Appeal (Page 29)
Section: S
Proper Application of the Policy (Page 29)
Section: T
Information Disclosure (Pages 30,31)
Section: U
Systems Contact Information (Page 33)
Attachment A:
Alcohol Fact Sheet (Pages 34,35)
Attachment B:
Minimum Thresholds (Page 36)
2
59
Dare County Transportation System
Adopted as of
January 2011
A. PURPOSE
1) The Dare County Transportation System provides public transit and
paratransit services for the residents of Dare County. Part of our mission
is to ensure that this service is delivered safely, efficiently, and effectively
by establishing a drug and alcohol-free work environment, and to ensure
that the workplace remains free from the effects of drugs and alcohol in
order to promote the health and safety of employees and the general
public. In keeping with this mission, Dare County Transportation declares
that the unlawful manufacture, distribution, dispense, possession, or use
of controlled substances or misuse of alcohol is prohibited for all
employees.
2) Additionally, the purpose of this policy is to establish guidelines to
maintain a drug and alcohol-free workplace in compliance with the DrugFree Workplace Act of 1988, and the Omnibus Transportation Employee
Testing Act of 1991. This policy is intended to comply with all applicable
Federal regulations governing workplace anti-drug and alcohol programs
in the transit industry. Specifically, the Federal Transit Administration
(FTA) of the U.S. Department of Transportation has published 49 CFR
Part 655, as amended, that mandates urine drug testing and breath
alcohol testing for safety-sensitive positions, and prohibits performance of
safety-sensitive functions when there is a positive test result. The U. S.
Department of Transportation (USDOT) has also published 49 CFR Part
40, as amended, that sets standards for the collection and testing of urine
and breath specimens.
3) Any provisions set forth in this policy that are included under the sole
authority of Dare County Transportation System and are not provided
under the authority of the above named Federal regulations are
underlined.
3
60
B. APPLICABILITY
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees
(full- or part-time) when performing safety sensitive duties Dare County
Transportation employees that do not perform safety-sensitive functions are also
covered under this policy under the sole authority of Dare County Transportation.
A safety-sensitive function is operation of mass transit service including the
operation of a revenue service vehicle (whether or not the vehicle is in revenue
service), maintenance of a revenue service vehicle or equipment used in revenue
service, security personnel who carry firearms, dispatchers or person controlling
the movement of revenue service vehicles and any other transit employee who is
required to hold a Commercial Drivers License. Maintenance functions include
the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in
revenue service. A list of safety-sensitive positions who perform one or more of
the above mentioned duties is provided in Attachment A. Supervisors are only
safety sensitive if they perform one of the above functions. Volunteers are
considered safety sensitive and subject to testing if they are required to hold a
CDL, or receive remunerated for service in excess of actual expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a vehicle even when
not in revenue service in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives
medical treatment away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the
occurrence and is transported away from the scene by a tow truck
or other vehicle. For purposes of this definition, disabling damage
means damage which precludes departure of any vehicle from the
scene of the occurrence in its usual manner in daylight after simple
repairs. Disabling damage includes damage to vehicles that could
have been operated but would have been further damaged if so
operated, but does not include damage which can be remedied
temporarily at the scene of the occurrence without special tools or
parts, tire disablement without other damage even if no spare tire is
available, or damage to headlights, taillights, turn signals, horn,
mirrors or windshield wipers that makes them inoperative.
Adulterated specimen: A urine specimen containing a substitute that is not a
normal constituent or containing an endogenous substance at a concentration
that is not a normal physiological concentration.
4
61
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash,
candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of
breath as measured by an evidential breath testing device.
Aliquot: A fractional part of a specimen used for testing, It is taken as a sample
representing the whole specimen.
Canceled Test: A drug test that has been declared invalid by a Medical Review
Officer. A canceled test is neither positive nor negative.
Confirmatory Drug Test: A second analytical procedure to identify the presence
of a specific drug or metabolite which is independent of the initial test and which
uses a different technique and chemical principle from that of the initial in order to
ensure reliability and accuracy.
Confirmatory Validity Test: A second test performed on a different aliquot of
the original urine specimen to further support a validity test result.
Covered Employee: An employee who performs a safety-sensitive function
including an applicant or transferee who is being considered for hire into a safetysensitive function (See Attachment A for a list of covered employees), and other
employees, applicants, or transferee that will not perform a safety-sensitive
function but falls under the policy of the company’s own authority.
Designated Employer Representative (DER): An employee authorized by the
employer to take immediate action to remove employees from safety-sensitive
duties and to make required decisions in testing. The DER also receives test
results and other communications for the employer, consistent with the
requirements of 49 CFR Parts 40 and 655.
Department of Transportation (DOT): Department of the federal government
which includes the, Federal Transit Administration, Federal Railroad
Administration, Federal Highway Administration, Federal Motor Carriers’ Safety
Administration, Research and Special Programs, and the Office of the Secretary
of Transportation.
Dilute specimen: A urine specimen with creatine and specific gravity values that
are lower than expected for human urine.
5
62
Disabling damage: Damage which precludes departure of any vehicle from the
scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated
but would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the occurrence
without special tools or parts, tire disablement without other damage even if no
spare tire is available, or damage to headlights, taillights, turn signals, horn,
mirrors or windshield wipers that makes them inoperative.
Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA
for the evidential testing of breath at the 0.02 and the 0.04 alcohol
concentrations. Approved devices are listed on the National Highway Traffic
Safety Administration (NHTSA) conforming products list.
Initial Drug Test: An immunoassay test to eliminate “negative” urine specimens
from further consideration and to identify the presumptively positive specimens
that require confirmation or further testing.
Invalid Result: The result reported by a laboratory for a urine specimen that
contains an unidentified adulterant, contains an unidentified interfering
substance, has an abnormal physical characteristic, or has an endogenous
substance at an abnormal concentration that prevents the laboratory from
completing testing or obtaining a valid drug test result.
Limit of Detection (LOD): The lowest concentration at which an analyte can be
reliably shown to be present under defined conditions.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor
of osteopathy) responsible for receiving laboratory results generated by the drug
testing program who has knowledge of substance abuse disorders, and has
appropriate medical training to interpret and evaluate an individual's confirmed
positive test result, together with his/her medical history, and any other relevant
bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug
metabolites but has a specific gravity value lower than expected for human urine.
Negative test result: The verified presence of the identified drug or its
metabolite below the minimum levels specified in 49 CFR Part 40, as amended.
An alcohol concentration of less than 0.02 BAC is a negative test result.
Non-negative test result: A urine specimen that is reported as adulterated,
substitute, invalid, or positive for drug/drug metabolites.
6
63
Oxidizing Adulterant: A substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the
drug or metabolites, or affects the reagents in either the initial or confirmatory
drug test.
Performing (a safety-sensitive function): A covered employee is considered to
be performing a safety-sensitive function and includes any period in which he or
she is actually performing, ready to perform, or immediately available to perform
such functions.
Positive test result: A verified presence of the identified drug or its metabolite
at or above the minimum levels specified in 49 CFR Part 40, as amended. A
positive alcohol test result means a confirmed alcohol concentration of 0.04 BAC
or greater.
Prohibited drugs: Identified as marijuana, ecstasy, methamphetamine, heroin,
cocaine, opiates, amphetamines, or phencyclidine at levels above the minimum
thresholds specified in 49 CFR Part 40, as amended.
Revenue Service Vehicles: All transit vehicles that are used for passenger
transportation service or that require a CDL to operate. Include all ancillary
vehicles used in support of the transit system.
Safety-sensitive functions: Employee duties identified as:
(1)
The operation of a transit revenue service vehicle even when the
vehicle is not in revenue service.
(2)
The operation of a non-revenue service vehicle by an employee when
the operation of such a vehicle requires the driver to hold a
Commercial Drivers License (CDL).
(3)
Maintaining a revenue service vehicle or equipment used in revenue
service.
(4)
Controlling the movement of a revenue service vehicle and
(5)
Carrying a firearm for security purposes.
Substance Abuse Professional (SAP): A licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker,
employee assistance professional, or addiction counselor (certified by the
National Association of Alcoholism and Drug Abuse Counselors Certification
Commission or by the International Certification Reciprocity Consortium/Alcohol
and other Drug Abuse) with knowledge of and clinical experience in the diagnosis
and treatment of drug and alcohol related disorders.
7
64
Substituted specimen: A urine specimen with creatinine and specific gravity
values that are so diminished that they are not consistent with normal human
urine.
Test Refusal: The following are considered a refusal to test if the employee:
(1)
Fails to appear for any test (excluding pre-employment) within a
reasonable time, as determined by the employer, after being
directed to do so by the employer
(2)
Fails to remain at the testing site until the testing process is
complete
(3)
Fails to provide a urine or breath specimen for any drug or alcohol
test required by Part 40 or DOT agency regulations
(4)
In the case of a directly observed or monitored collection in a drug
test, fails to permit the observation or monitoring of your provision
of a specimen
(5)
Fails to provide a sufficient amount of urine or breath when
directed, and it has been determined, through a required medical
evaluation, that there was no adequate medical explanation for the
failure
(6)
Fails or declines to take a second test the employer or collector has
directed you to take
(7)
Fails to undergo a medical examination or evaluation, as directed
by the MRO as part of the verification process, or as directed by the
DER as part of the ``shy bladder'' or “shy lung” procedures
(8)
Fails to cooperate with any part of the testing process (e.g., refuse
to empty pockets when so directed by the collector, behave in a
confrontational way that disrupts the collection process)
(9)
If the MRO reports that there is verified adulterated or substituted
test result
(10) Failure or refusal to sign Step 2 of the alcohol testing form
(11) Failure to follow the observer’s instructions during an observed
collection including instructions to raise your clothing above the
waist, lower clothing and underpants, and to turn around to permit
the observer to determine if you have any type of prosthetic or
other device that could be used to interfere with the collection
process.
(12) Possess or wear a prosthetic or other device that could be used to
interfere with the collection process
(13) Admit to the collector or MRO that you adulterated or substituted
the specimen.
Verified negative test: A drug test result reviewed by a medical review officer
and determined to have no evidence of prohibited drug use above the minimum
8
65
cutoff levels established by the Department of Health and Human Services
(HHS).
Verified positive test: A drug test result reviewed by a medical review officer
and determined to have evidence of prohibited drug use above the minimum
cutoff levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent
with normal human urine. Specimen validity testing will be conducted on all urine
specimens provided for testing under DOT authority. The purpose of validity
testing is to determine whether certain adulterants or foreign substances were
added to the urine, if the urine was diluted, or if the specimen was substituted.
D. EDUCATION AND TRAINING
1) Every covered employee will receive a copy of this policy and will have
ready access to the corresponding federal regulations including 49 CFR
Parts 655 and 40, as amended. In addition, all covered employees will
undergo a minimum of 60 minutes of training on the signs and symptoms
of drug use including the effects and consequences of drug use on
personal health, safety, and the work environment. The training also
includes manifestations and behavioral cues that may indicate prohibited
drug use.
2) All supervisory personnel or company officials who are in a position to
determine employee fitness for duty will receive 60 minutes of reasonable
suspicion training on the physical, behavioral, and performance indicators
of probable drug use and 60 minutes of additional reasonable suspicion
training on the physical, behavioral, speech, and performance indicators of
probable alcohol misuse. Under the Dare County Transportation’s own
authority, supervisory personnel will also be trained on how to intervene
constructively and how to effectively integrate an employee back into
his/her work group following intervention and/or treatment.
3) Information on the signs, symptoms, health effects, and consequences of
alcohol misuse is presented in Attachment B of this policy.
4) Any and all questions in regards to Dare County’s anti-drug and alcohol
misuse programs should be directed to the Dare County’s Human
Resources Director.
9
66
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following.
a. Illegally Used Controlled Substance or Drugs Under the Drug-Free
Workplace Act of 1988 any drug or any substance identified in
Schedule I through V of Section 202 of the Controlled Substance
Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11
through 1300.15 is prohibited at all times in the workplace unless a
legal prescription has been written for the substance. This
includes, but is not limited to: marijuana, amphetamines (ecstasy),
methamphetamine, heroin, amphetamines, opiates, phencyclidine
(PCP), and cocaine, as well as any drug not approved for medical
use by the U.S. Drug Enforcement Administration or the U.S. Food
and Drug Administration. Illegal use includes use of any illegal
drug, misuse of legally prescribed drugs, and use of illegally
obtained prescription drugs. Also, the medical use of marijuana, or
the use of hemp related products, as which cause drug or drug
metabolites to be present in the body above the minimum
thresholds is a violation of this policy
Federal Transit Administration drug testing regulations (49 CFR
Part 655) require that all covered employees be tested for
marijuana, cocaine, amphetamines, opiates, and phencyclidine as
described in Section H of this
policy. Illegal use of these five
drugs is prohibited at all times and thus, covered employees may
be tested for these drugs anytime that they are on duty.
a. Legal Drugs: The appropriate use of legally prescribed drugs and
non-prescription medications is not prohibited. However, the use of
any substance which carries a warning label that indicates that
mental functioning, motor skills, or judgment may be adversely
affected must be reported to a Dare County Transportation System
supervisor and the employee is required to provide a written
release from his/her doctor or pharmacist indicating that the
employee can perform his/her safety-sensitive functions.
10
67
b. Alcohol: The use of beverages containing alcohol (including any
mouthwash, medication, food, candy) or any other substances
such that alcohol is present in the body while performing safetysensitive job functions is prohibited. An alcohol test can be
performed on a covered employee under 49 CFR Part 655 just
before, during, or just after the performance of safety-sensitive job
functions. Under Dare County Transportation authority, an alcohol
test can be performed any time a covered employee is on duty.
F. PROHIBITED CONDUCT
1) All covered employees are prohibited from reporting for duty or remaining
on duty any time there is a quantifiable presence of a prohibited drug in
the body above the minimum thresholds defined in 49 CFR PART 40, as
amended.
2) Each covered employee is prohibited from consuming alcohol while
performing safety-sensitive job functions or while on-call to perform safetysensitive job functions. If an on-call employee has consumed alcohol,
they must acknowledge the use of alcohol at the time that they are called
to report for duty. The covered employee will subsequently be relieved of
his/her on-call responsibilities and subject to discipline.
3) The Transit Department shall not permit any covered employee to perform
or continue to perform safety-sensitive functions if it has actual knowledge
that the employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining
on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.02 or greater regardless of when the
alcohol was consumed.
5) No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until he/she submits to the post-accident
drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to
the performance of safety-sensitive job functions.
7) Dare County Transportation under its own authority also prohibit the
consumption of alcohol all times employee is on duty, or anytime the
employee is in uniform.
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8) Consistent with the Drug-free Workplace Act of 1988, all Dare County
Transportation employees are prohibited from engaging in the unlawful
manufacture, distribution, dispensing, possession, or use of prohibited
substances in the work place including Transit Department premises and
transit vehicles.
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required
to notify the Dare County Transportation System management of any criminal
drug statute conviction for a violation occurring in the workplace within five days
after such conviction. Failure to comply with this provision shall result in
disciplinary action as defined in Section Q.10 of this policy.
H. TESTING REQUIREMENTS
1) Analytical urine drug testing and breathe testing for alcohol will be
conducted as required by 49CFR part 40 as amended. All covered
employees shall be subject to testing prior to performing safety-sensitive
duty, for reasonable suspicion, following an accident, and random as
defined in Section K, L, M, and N of this policy, and return to duty/followup.
2) All covered employees who have tested positive for drugs or alcohol will
be tested prior to returning to duty after completion of the Substance
Abuse Professional's recommended treatment program and subsequent
release to duty. Follow-up testing will also be conducted following returnto-duty for a period of one to five years, with at least six tests performed
during the first year. The duration and frequency of the follow-up testing
above the minimum requirements will be at the discretion of the
Substance Abuse Professional.
3) A drug or alcohol test can be performed any time a covered employee is
on duty.
4) All covered employees will be subject to urine drug testing and breathe
alcohol testing as a condition of ongoing employment with Dare County
Transportation. Any safety-sensitive employee who refuses to comply
with a request for testing shall be removed from duty and subject to
discipline as defined in Section Q.3 of this policy. Any covered employee
who is suspected of providing false information in connection with a drug
test, or who is suspected of falsifying test results through tampering,
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contamination, adulteration, or substitution will be required to undergo an
observed collection. Verification of the above listed actions will be
considered a test refusal and will result in the employee’s removal from
duty and disciplined as defined in Section Q.3 of this policy. Refer to
Section Q for behavior that constitutes a refusal to test.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of
accuracy and reliability and using techniques, equipment, and laboratory
facilities which have been approved by the U.S. Department of Health and
Human Service (HHS). All testing will be conducted consistent with the
procedures set forth in 49 CFR Part 40, as amended. The procedures will
be performed in a private, confidential manner and every effort will be
made to protect the employee, the integrity of the drug testing procedure,
and the validity of the test result.
2) The drugs that will be tested for include marijuana, ecstasy,
methamphetamine, heroin, cocaine, opiates, amphetamines, and
phencyclidine. After the identity of the donor is checked using picture
identification, a urine specimen will be collected using the split specimen
collection method described in 49 CFR Part 40, as amended. Each
specimen will be accompanied by a DOT Chain of Custody and Control
Form and identified using a unique identification number that attributes the
specimen to the correct individual. The specimen analysis will be
conducted at a HHS certified laboratory. An initial drug screen and validity
test will be conducted on the primary urine specimen. For those
specimens
that
are
not
negative,
a
confirmatory
Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed. The
test will be considered positive if the amounts of the drug(s) and/or its
metabolites identified by the GC/MS test are above the minimum
thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a
Medical Review Officer. A Medical Review Officer (MRO) is a licensed
physician with detailed knowledge of substance abuse disorders and drug
testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate medical
explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of
the non-negative laboratory result, and provide the employee with an
opportunity to explain the confirmed laboratory test result. The MRO will
subsequently review the employee’s medical history/medical records as
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appropriate to determine whether there is a legitimate medical explanation
for a non-negative laboratory result. If no legitimate medical explanation is
found, the test will be verified positive or refusal to test and reported to the
Dare County Transportation Drug and Alcohol Program Manager (DAPM).
If a legitimate explanation is found, the MRO will report the test result as
negative to the DAPM and no further action will be taken.
4) If the test is invalid without a medical explanation, a retest will be
conducted under direct observation. Employees do not have access to a
test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test
under paragraphs L through P of this policy may request that the split
sample be tested. The split sample test must be conducted at a second
HHS-certified laboratory with no affiliation with the laboratory that
analyzed the primary specimen. The test must be conducted on the split
sample that was provided by the employee at the same time as the
primary sample. The method of collecting, storing, and testing the split
sample will be consistent with the procedures set forth in 49 CFR Part 40,
as amended. The employee's request for a split sample test must be
made to the Medical Review Officer within 72 hours of notice of the
original sample verified test result. Requests after 72 hours will only be
accepted at the discretion of the MRO if the delay was due to
documentable facts that were beyond the control of the employee. Dare
County Transportation will ensure that the cost for the split specimen are
covered in order for a timely analysis of the sample, however Dare County
Transportation will seek reimbursement for the split sample test from the
employee.
6) If the analysis of the split specimen fails to confirm the presence of the
drug(s) detected in the primary specimen, if the split specimen is not able
to be analyzed, or if the results of the split specimen are not scientifically
adequate, the MRO will declare the original test to be canceled. If the split
specimen is not available to analyze the MRO will direct Dare County
Transportation to retest the employee under direct observation.
7) The split specimen will be stored at the initial laboratory until the analysis
of the primary specimen is completed. If the primary specimen is
negative, the split will be discarded. If the primary is positive, the split will
be retained for testing if so requested by the employee through the
Medical Review Officer. If the primary specimen is positive, it will be
retained in frozen storage for one year and the split specimen will also be
retained for one year.
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8) Observed collections
a. Consistent with 49 CFR part 40, as amended, collection under
direct observation (by a person of the same gender) with no
advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid,
and the MRO reports to Dare County Transportation that
there was not an adequate medical explanation for the
result;
ii. The MRO reports to Dare County Transportation that the
original positive, adulterated, or substituted test result had to
be cancelled because the test of the split specimen could not
be performed;
iii. The laboratory reported to the MRO that the specimen was
negative-dilute with a creatinine concentration greater than
or equal to 2 mg/dl but less than or equal to 5 mg/dL, and
the MRO reported the specimen to you as a negative-dilute
and that a second collection must take place under direct
observation (see S40.197(b)(1)).
iv. The collector observes materials brought to the collection
site or the employee’s conduct clearly indicates an attempt
to tamper with a specimen:
v. The temperature on the original specimen was out of range;
vi. Anytime the employee is directed to provide another
specimen because the original specimen appeared to have
been tampered with.
vii. All follow-up tests or
viii. All return-to-duty tests
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J. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a
National Highway Traffic Safety Administration (NHTSA)-approved
Evidential Breath Testing device (EBT) operated by a trained Breath
Alcohol Technician (BAT). Alcohol screening tests may be performed
using a non-evidential testing device which is also approved by NHSTA. If
the initial test indicates an alcohol concentration of 0.02 or greater, a
second test will be performed to confirm the results of the initial test. The
confirmatory test must occur on an EBT. The confirmatory test will be
conducted at least fifteen minutes after the completion of the initial test.
The confirmatory test will be performed using a NHTSA-approved EBT
operated by a trained BAT. The EBT will identify each test by a unique
sequential identification number. This number, time, and unit identifier will
be provided on each EBT printout. The EBT printout, along with an
approved alcohol testing form, will be used to document the test, the
subsequent results, and to attribute the test to the correct employee. The
test will be performed in a private, confidential manner as required by 49
CFR Part 40, as amended. The procedure will be followed as prescribed
to protect the employee and to maintain the integrity of the alcohol testing
procedures and validity of the test result.
2) An employee who has a confirmed alcohol concentration of 0.04 or
greater will be considered a positive alcohol test and in violation of this
policy. The consequences of a positive alcohol test are described in
Section Q.4-5 of this policy. Even though an employee who has a
confirmed alcohol concentration of 0.02 to 0.039 is not considered
positive, the employee shall still be removed from duty for at least eight
hours or for the duration of the work day whichever is longer and will be
subject to the consequences described in Section Q.9 of this policy. An
alcohol concentration of less than 0.02 will be considered a negative test.
3) The Transit Department affirms the need to protect individual dignity,
privacy, and confidentiality throughout the testing process. If at any time
the integrity of the testing procedures or the validity of the test results is
compromised, the test will be canceled.
Minor inconsistencies or
procedural flaws that do not impact the test result will not result in a
cancelled test.
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4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended,
shall be used for all FTA required testing. Failure of an employee to sign
step 2 of the ATF will be considered a refusal to submit to testing.
K. PRE-EMPLOYMENT TESTING
1) All applicants for covered transit positions shall undergo urine drug testing
and breath alcohol testing prior to performance of a safety-sensitive
function.
b. All offers of employment for covered positions shall be extended
conditional upon the applicant passing a drug and alcohol test test.
An applicant shall not be placed into a safety -sensitive position
unless the applicant takes a drug test with verified negative results,
and an alcohol concentration below 0.02.
c. A non-covered employee shall not be placed, transferred or
promoted into a covered position until the employee takes a drug
test with verified negative results and an alcohol concentration
below 0.02.
d. If an applicant fails a pre-employment drug or alcohol test, the
conditional offer of employment shall be rescinded. Failure of a
pre-employment drug and/or alcohol test will disqualify an applicant
for employment for a period of at least one year. . The applicant
must provide the employer proof of having successfully completed
a referral, evaluation and treatment plan as described in section
655.62 of subpart G. The cost for the assessment and any
subsequent treatment will be the sole responsibility of the applicant.
e. When an employee being placed, transferred, or promoted from a
non-covered position to a covered position submits a drug test with
a verified positive result, and/or an alcohol concentration above
0.04 the employee shall be subject to disciplinary action in
accordance with Section Q.4-5 and 9 herein.
f. If a pre-employment/pre-transfer test is canceled, Dare County
Transportation System will require the applicant to take and pass
another pre-employment drug test.
g. In instances where a covered employee is on extended leave for a
period of 90 days or more regardless of reason, and is not in the
random testing pool the employee will be required to take a drug
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and alcohol test under 49 CFR Part 655 and have negative test
results prior to the conduct of safety-sensitive job functions.
h. Following a negative dilute the employee will be required to
undergo another test. Should this second test result in a negative
dilute result, the test will be considered a negative and no additional
testing will be required unless directed to do so by the MRO.
i. Applicants are required to report previous DOT covered employer
drug and alcohol test results—Failure to do so will result in the
employment offer being rescinded. If the applicant has tested
positive or refused to test on a pre-employment test for a DOT
covered employer, the applicant must provide Dare County
Transportation proof of having successfully completed a referral,
evaluation and treatment plan as described in section 655.62 of
subpart G.
L. REASONABLE SUSPICION TESTING
1) All Dare County Transportation covered employees will be subject to a
reasonable suspicion drug and/or alcohol test when the employer has
reasonable suspicion to believe that the covered employee has used a
prohibited drug and/or engaged in alcohol misuse.. Reasonable suspicion
shall mean that there is objective evidence, based upon specific,
contemporaneous, articulable observations of the employee's appearance,
behavior, speech or body odor that are consistent with possible drug use
and/or alcohol misuse. Reasonable suspicion referrals must be made by
one or more supervisors who are trained to detect the signs and
symptoms of drug and alcohol use, and who reasonably concludes that an
employee may be adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse or alcohol
misuse. Under Dare County Transportation’s authority, a reasonable
suspicion alcohol test may be performed any time the covered employee
is on duty. A reasonable suspicion drug test can be performed any time
the covered employee is on duty.
2) Dare County Transportation shall be responsible for transporting the
employee to the testing site. Supervisors should avoid placing themselves
and/or others into a situation which might endanger the physical safety of
those present. The employee shall be placed on administrative leave
pending disciplinary action described in Section Q.4-5 and 9 of this policy.
An employee who refuses an instruction to submit to a drug/alcohol test
shall not be permitted to finish his or her shift and shall immediately be
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placed on administrative leave pending disciplinary action as specified in
Section Q.3 of this policy.
3) A written record of the observations which led to a drug/alcohol test based
on reasonable suspicion shall be prepared and signed by the supervisor
making the observation. This written record shall be submitted to the Dare
County Transportation management and shall be attached to the forms
reporting the test results.
4) When there are no specific, contemporaneous, articulable objective facts
that indicate current drug or alcohol use, but the employee (who is not
already a participant in a treatment program) admits the abuse of alcohol
or other substances to a supervisor in his/her chain of command, the
employee shall be referred to the SAP for an assessment. Dare County
transportation shall place the employee on administrative leave in
accordance with the provisions set forth under Section Q.9 of this policy.
Testing in this circumstance would be performed under the direct authority
of the Dare County Transportation System. Since the employee selfreferred to management, testing under this circumstance would not be
considered a violation of this policy or a positive test result under Federal
authority. However, self-referral does not exempt the covered employee
from testing under Federal authority as specified in Sections L through N
of this policy or the associated consequences as specified in Section Q.9.
M. POST-ACCIDENT TESTING
1) All covered employees will be required to undergo urine and breathe
testing if they are involved in an accident with a transit revenue service
vehicle regardless of whether or not the vehicle is in revenue service that
results in a fatality. This includes all surviving covered employees that are
operating the vehicle at the time of the accident and any other whose
performance cannot be completely discounted as a contributing factor to
the accident.
2) In addition, a post-accident test will be conducted if an accident results in
injuries requiring immediate transportation to a medical treatment facility;
or one or more vehicles incurs disabling damage, unless the operators’
performance can be completely discounted as a contributing factor to the
accident.
a. As soon as practicable following an accident, as defined in this
policy, the transit supervisor investigating the accident will notify the
transit employee operating the transit vehicle and all other covered
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employees whose performance could have contributed to the
accident of the need for the test. The supervisor will make the
determination using the best information available at the time of the
decision.
b. The appropriate transit supervisor shall ensure that an employee,
required to be tested under this section, is tested as soon as
practicable, but no longer than eight (8) hours of the accident for
alcohol, and within 32 hours for drugs. If an alcohol test is not
performed within two hours of the accident, the Supervisor will
document the reason(s) for the delay. If the alcohol test is not
conducted within (8) eight hours, or the drug test within 32 hours,
attempts to conduct the test must cease and the reasons for the
failure to test documented.
c. Any covered employee involved in an accident must refrain from
alcohol use for eight (8) hours following the accident or until he/she
undergoes a post-accident alcohol test.
d. An employee who is subject to post-accident testing who fails to
remain readily available for such testing, including notifying a
supervisor of his or her location if he or she leaves the scene of the
accident prior to submission to such test, may be deemed to have
refused to submit to testing.
e. Nothing in this section shall be construed to require the delay of
necessary medical attention for the injured following an accident, or
to prohibit an employee from leaving the scene of an accident for
the period necessary to obtain assistance in responding to the
accident, or to obtain necessary emergency medical care.
f. In the rare event that the Dare County Transportation is unable to
perform an FTA drug and alcohol test (i.e., employee is
unconscious, employee is detained by law enforcement agency),
Dare County Transportation may use drug and alcohol postaccident test results administered by local law enforcement officials
in lieu of the FTA test. The local law enforcement officials must
have independent authority for the test and the employer must
obtain the results in conformance with local law.
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FTA Post-Accident Drug and Alcohol Testing Decision Form
Accident Information:
Date of Accident ___________________________ Time of Accident: ___________
AM/PM
Employee Name: __________________________
Decision Questions:
1: Was there a fatality? Yes _____ No _____ (If yes, FTA drug and alcohol testing
required)
2.
If there was NO fatality, answer the following questions:
•
Did any individual involved in the accident suffer bodily injury and immediately
receive medical treatment away from the scene of the accident?
Yes ____ (If yes, FTA drug and alcohol testing required) No _____
• Did the mass transit vehicle (bus, electric bus, van, or automobile) or any other
vehicle involved in the accident sustain disabling damage* requiring any of the
vehicles to be transported away from the scene by a tow truck or other vehicle?
Yes ____ (If yes, FTA drug and alcohol testing required) No _____
•
If there was NO fatality AND you checked YES for either or both of the answers
to QUESTION 2, a FTA Post-Accident DRUG and ALCOHOL test is required
unless you determine, using the best information available at the time of the
decision, that the employee’s performance can be completely discounted as a
contributing factor to the accident. Any reason for discounting the employee’s
performance as a contributing factor to the accident MUST be documented on the
reverse side of this form.
3. Could the actions of any other safety-sensitive employee contributed to the
accident (e.g., mechanic, dispatcher)?
Yes _____ (If yes, contact the employee’s supervisor to conduct a FTA drug and
alcohol test)
No _____
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If ALCOHOL testing is not conducted within 2 hours after the accident, document
the reason for the delay on the reverse side of this form. If no alcohol test is administered
within 8 hours, cease all efforts to have the test administered and update the
documentation.
If DRUG test is not conducted within 32 hours after the accident, cease all efforts to
administer the drug test and document the reason why the test was not administered.
DISABLING DAMAGE is damage that precludes the departure of any vehicle from the
scene of an accident in its usual manner in daylight hours after simple repairs. Disabling
damage includes: damage to vehicles that could have been operated, but would have
caused further damage if so operated. Disabling damage does not include: damage that
could be remedied temporarily at the scene of the occurrence without special tools or
parts, tire disablement without other damage even if no space tire is available, or damage
to headlights, taillights, turn signals, horn, or windshield wipers that makes them
inoperable.
Reason the ALCOHOL test was not conducted within 2 hours of the accident.
Update this statement if no test conducted within 8 hours.
Reason the DRUG test was not conducted within 32 hours of the accident.
Reason the employee’s performance was completely DISCOUNTED as a
contributing factor to the accident and therefore, FTA post-accident testing was not
conducted.
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N. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing.
The selection of employees shall be made by a scientifically valid method
of randomly generating an employee identifier from the appropriate pool of
safety-sensitive employees.
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2) The dates for administering unannounced testing of randomly selected
employees shall be spread reasonably throughout the calendar year, day
of the week and hours of the day.
3) The number of employees randomly selected for drug testing during the
calendar year shall be not less than the 25% rate established by Federal
regulations for those safety-sensitive employees subject to random testing
by Federal regulations. The annual random testing rate for drugs
established by FTA equals twenty-five percent of the number of covered
employees in the pool and the random testing rate for alcohol established
by FTA equals ten percent of the number of covered employees in the
pool.
4) Each covered employee shall be in a pool from which the random
selection is made by a random generating computer program
administered by Dare County’s Human Resources Director. Each covered
employee in the pool shall have an equal chance of selection each time
the selections are made. Employees will remain in the pool and subject to
selection, whether or not the employee has been previously tested. There
is no discretion on the part of management in the selection.
5) Covered transit employees that fall under the Federal Transit
Administration regulations will be included in one random pool maintained
separately from the testing pool of employees that are included solely
under Dare County Transportation authority.
6) Random tests can and will be conducted at any time during an employee’s
shift for drug testing. Under the Dare County Transportation’s authority, a
random alcohol test may be performed any time the covered employee is
on duty. Testing can occur during the beginning, middle, or end of an
employee’s shift.
7) Employees are required to proceed immediately to the collection site upon
notification of their random selection.
O. RETURN-TO-DUTY TESTING
All covered employees who previously tested positive on a drug or alcohol test or
refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or
both and be evaluated and released by the Substance Abuse Professional before
returning to work. For an initial positive drug test a Return-to-Duty drug test is
required and an alcohol test is allowed. For an initial positive alcohol test a
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Return-to-Duty alcohol test is required and a drug test is allowed. Following the
initial assessment, the SAP will recommend a course of rehabilitation unique to
the individual. The SAP will recommend the return-to-duty test only when the
employee has successfully completed the treatment requirement and is known to
be drug and alcohol-free and there are no undo concerns for public safety.
P. FOLLOW-UP TESTING
Covered employees will be required to undergo frequent, unannounced drug
and/or alcohol testing following their return-to-duty. The follow-up testing will be
performed for a period of one to five years with a minimum of six tests to be
performed the first year. The frequency and duration of the follow-up tests
(beyond the minimums) will be determined by the SAP reflecting the SAP’s
assessment of the employee’s unique situation and recovery progress. Followup testing should be frequent enough to deter and/or detect a relapse. Follow-up
testing is separate and in addition to the random, post-accident, reasonable
suspicion and return-to-duty testing.
Q. RESULT OF DRUG/ALCOHOL TEST
1) Any covered employee that has a verified positive drug or alcohol test will
be removed from his/her safety-sensitive position, informed of educational
and rehabilitation programs available and referred to a Substance Abuse
Professional (SAP) for assessment. No employee will be allowed to return
to duty requiring the performance of safety-sensitive job functions without
the approval of the SAP and the employer.
2) Following a negative dilute the employee will be required to undergo
another test. Should this second test result in a negative dilute result, the
test will be considered a negative and no additional testing will be required
unless directed to do so by the MRO.
3) A positive drug and/or alcohol test will also result in disciplinary action as
specified herein.
a. As soon as practicable after receiving notice of a verified
positive drug test result, a confirmed alcohol test result, or a test
refusal, the Dare County transportation Drug and Alcohol
Program Manager will contact the employee’s supervisor to
have the employee cease performing any safety-sensitive
function.
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b. The employee shall be referred to a Substance Abuse
Professional for an assessment. The SAP will evaluate each
employee to determine what assistance, if any, the employee
needs in resolving problems associated with prohibited drug use
or alcohol misuse.
c. Refusal to submit to a drug/alcohol test shall be considered a
positive test result and a direct act of insubordination and shall
result in termination. A test refusal includes the following
circumstances:
(1)
A covered employee who consumes alcohol within eight
(8) hours following involvement in an accident without
first having submitted to post-accident drug/alcohol tests.
(2)
A covered employee who leaves the scene of an
accident without a legitimate explanation prior to
submission to drug/alcohol tests.
(3)
A covered employee who provides false information in
connection with a drug test.
(4)
A covered employee who provides an insufficient volume
of urine specimen or breath sample without a valid
medical explanation. The medical evaluation shall take
place within 5 days of the initial test attempt
(5)
A verbal or written declaration, obstructive behavior, or
physical absence resulting in the inability to conduct the
test within the specified time frame.
(6)
A covered employee whose urine sample has been
verified by the MRO as substitute or adulterated.
(7)
A covered employee fails to appear for any test within a
reasonable time, as determined by the employer, after
being directed to do so by the employer
(8)
A covered employee fails to remain at the testing site
until the testing process is complete;
(9)
A covered employee fails to provide a urine specimen for
any drug test required by Part 40 or DOT agency
regulations;
(10) A covered employee fails to permit the observation or
monitoring of a specimen collection
(11) A covered employee fails or declines to take a second
test the employer or collector has directed you to take;
(12) A covered employee fails to undergo a medical
examination or evaluation, as directed by the MRO as
part of the verification process, or as directed by the DER
as part of the ``shy bladder'' or “shy lung” procedures
(13) A covered employee fails to cooperate with any part of
the testing process (e.g., refuse to empty pockets when
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(14)
(15)
(16)
(17)
so directed by the collector; behave in a confrontational
way that disrupts the collection process).
Failure to sign Step 2 of the Alcohol Testing form
Failure to follow the observer’s interactions during an
observed collection including interactions to raise your
clothing above the waist, lower clothing and underpants,
and to turn around to permit the observer to determine if
you have any type of prosthetic or other device that could
be used to interfere with the collection process.
Possess or wear a prosthetic or other device that could
be used to interfere with the collection process.
Admit to the collector or MRO that you adulterated or
substituted the specimen.
4) For the first instance of a verified positive test from a sample submitted as
the result of a random, drug/alcohol test (≥ 0.04 BAC), disciplinary action
against the employee shall include:
a. Mandatory referral to Substance Abuse Professional for
assessment, formulation of a treatment plan, and execution of a
return to work agreement;
b. Failure to execute, or remain compliant with the return-to-work
agreement shall result in termination from Dare County
Transportation employment.
i. Compliance with the return-to-work agreement means that
the employee has submitted to a drug/alcohol test
immediately prior to returning to work; the result of that test
is negative; in the judgment of the SAP the employee is
cooperating with his/her SAP recommended treatment
program; and, the employee has agreed to periodic
unannounced follow-up testing as defined in Section P of
this policy.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol
test shall be considered a direct act of insubordination and shall
result in termination.
d. A periodic unannounced follow-up drug/alcohol test which results in
a verified positive shall result in termination from dare County
Transportation employment.
5) The second instance of a verified positive drug or alcohol (≥ 0.04 BAC)
test result including a sample submitted under the random, reasonable
suspicion, return-to-duty, or follow-up drug/alcohol test provisions herein
shall result in termination from Dare County Transportation employment.
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6) A verified positive post-accident, or reasonable suspicion drug and/or
alcohol (≥ 0.04) test shall result in termination.
7) An alcohol test result of ≥0.02 to ≤ 0.039 BAC shall result in the removal of
the employee from duty for eight hours or the remainder or the work day
whichever is longer. The employee will not be allowed to return to safetysensitive duty for his/her next shift until he/she submits to an alcohol test
with a result of less than 0.02 BAC. If the employee has an alcohol test
result of ≥ 0.02 to ≤ 0.039 two or more times within a six month period, the
employee will be removed from duty and referred to the SAP for
assessment and treatment consistent with Section Q.9 of this policy.
8) The cost of any treatment or rehabilitation services will be paid directly by
the employee or their insurance provider. The employee will be permitted
to take accrued sick leave or administrative leave to participate in the SAP
prescribed treatment program. If the employee has insufficient accrued
leave, the employee shall be placed on leave without pay until the SAP
has determined that the employee has successfully completed the
required treatment program and releases him/her to return-to-duty. Any
leave taken, either paid or unpaid, shall be considered leave taken under
the Family and Medical Leave Act.
9) In the instance of a self-referral or a management referral, disciplinary
action against the employee shall include:
a. Mandatory referral to a Substance Abuse Professional for
assessment, formulation of a treatment plan, and execution of a
return to work agreement;
b. Failure to execute, or remain compliant with the return-to-work
agreement shall result in termination from Dare County
Transportation employment.
i. Compliance with the return-to-work agreement means that
the employee has submitted to a drug/alcohol test
immediately prior to returning to work; the result of that test
is negative; in the judgment of the SAP the employee is
cooperating with his/her SAP recommended treatment
program; and, the employee has agreed to periodic
unannounced follow-up testing as defined in Section P of
this policy.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol
test shall be considered a direct act of insubordination and shall
result in termination.
d. A self-referral or management referral to the SAP that was not
precipitated by a positive test result does not constitute a violation
28
85
of the Federal regulations and will not be considered as a positive
test result in relation to the progressive discipline defined in Section
Q.4-5 of this policy.
e. Periodic unannounced follow-up drug/alcohol test conducted as a
result of a self-referral or management referral which results in a
verified positive shall be considered a positive test result in relation
to the progressive discipline defined in Section Q.4-5 of this policy.
f. A Voluntary Referral does not shield an employee from disciplinary
action or guarantee employment with Dare County Transportation.
g. A Voluntary Referral does not shield an employee from the
requirement to comply with drug and alcohol testing.
10) Failure of an employee to report within five days a criminal drug statute
conviction for a violation occurring in the workplace shall result in
termination.
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test
refusal is not subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
Dare County Transportation is dedicated to assuring fair and equitable
application of this substance abuse policy. Therefore, supervisors/managers are
required to use and apply all aspects of this policy in an unbiased and impartial
manner. Any supervisor/manager who knowingly disregards the requirements of
this policy, or who is found to deliberately misuse the policy in regard to
subordinates, shall be subject to disciplinary action, up to and including
termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the Dare County
Transportation Drug and Alcohol Program Manager and, except as
29
86
provided below or by law, the results of any drug/alcohol test shall not be
disclosed without express written consent of the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any
records pertaining to their use of prohibited drugs or misuse of alcohol
including any drug or alcohol testing records. Covered employees have
the right to gain access to any pertinent records such as equipment
calibration records, and records of laboratory certifications. Employees
may not have access to SAP referrals and follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to
the Drug and Alcohol Program Manager, Department Supervisor and
Personnel Manager on a need to know basis.
4) Records will be released to a subsequent employer only upon receipt of a
written request from the employee or if required by applicable law or court
order.
5) Records of an employee's drug/alcohol tests shall be released to the
adjudicator in a grievance, lawsuit, or other proceeding initiated by or on
behalf of the tested individual arising from the results of the drug/alcohol
test. The records will be released to the decision maker in the preceding.
The information will only be released with binding stipulation from the
decision maker will make it available only to parties in the preceding.
Records will be released to the National Transportation Safety Board
during an accident investigation.
6) Information will be released in a criminal or civil action resulting from an
employee’s performance of safety-sensitive duties, in which a court of
competent jurisdiction determines that the drug or alcohol test information
is relevant to the case and issues an order to the employer to release the
information. The employer will release the information to the decision
maker in the proceeding with a binding stipulation that it will only be
released to parties of the proceeding.
7) Records will be released to the DOT or any DOT agency with regulatory
authority over the employer or any of its employees.
8) Records will be released if requested by a Federal, state or local safety
agency with regulatory authority over Dare County Transportation or the
employee.
9) If a party seeks a court order to release a specimen or part of a specimen
contrary to any provision of Part 40 as amended necessary legal steps to
contest the issuance of the order will be taken
30
87
10) In cases of a contractor or sub-recipient of a state department of
transportation, records will be released when requested by such agencies
that must certify compliance with the regulation to the FTA.
31
88
This Policy was adopted by the Dare County Board of Commissioners on
[MONTH DD, YEAR].
[APPLICABLE SIGNATURES]
32
89
U. SYSTEM CONTACTS
Any questions regarding this policy or any other aspect of the substance abuse
policy should be directed to the following individual(s).
Dare County Transportation Drug and Alcohol Program Manager
(DER) Designated Employer Representative
Name: Elizabeth Reilly
Title: Human Resources Director
Address: PO Box 1000 Manteo, NC 27954
Telephone Number: 252-475-5823
(MRO) Medical Review Officer
Name: Walter L. Holton, MD
Outer Banks Hospital
Address: 4800 South Croatan Highway, Nags Head, NC 27959
Telephone Number: 877-359-9179
Substance Abuse Professional
Name: JoAnn Hummers
Title: EdD, LPC, LCAS, CCS
Address: 119 Woodhill Drive Unit 8 / PO Box 365 Nags Head NC 27959
Telephone Number: 252-261-4512
HHS Certified Laboratory Primary Specimen
Name: Labtech
Address: 3415 E Ash Street Ste A Goldsboro, NC 27534
Telephone Number: 919-778-3111
33
90
Attachment A
Alcohol Fact Sheet
Alcohol is a socially acceptable drug that has been consumed throughout
the world for centuries. It is considered a recreational beverage when
consumed in moderation for enjoyment and relaxation during social
gatherings. However, when consumed primarily for its physical and moodaltering effects, it is a substance of abuse. As a depressant, it slows down
physical responses and progressively impairs mental functions.
Signs and Symptoms of Use

Dulled mental processes
Lack of coordination
Odor of alcohol on breath
Possible constricted pupils
Sleepy or stuporous condition
Slowed reaction rate
Slurred speech






(Note: Except for the odor, these are general signs and symptoms of any
depressant substance.)
The chronic consumption of alcohol (average of three servings per day of beer
[12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in
the following health hazards:









Decreased sexual functioning
Dependency (up to 10 percent of all people who drink alcohol become
physically and/or mentally dependent on alcohol and can be termed
“alcoholic”)
Fatal liver diseases
Increased cancers of the mouth, tongue, pharynx, esophagus, rectum,
breast, and malignant melanoma
Kidney disease
Pancreatitis
Spontaneous abortion and neonatal mortality
Ulcers
Birth defects (up to 54 percent of all birth defects are alcohol related).
34
91








Two-thirds of all homicides are committed by people who drink prior to
the crime.
Two to three percent of the driving population is legally drunk at any
one time. This rate is doubled at night and on weekends.
Two-thirds of all Americans will be involved in an alcohol-related
vehicle accident during their lifetimes.
The rate of separation and divorce in families with alcohol dependency
problems is 7 times the average.
Forty percent of family court cases are alcohol problem related.
Alcoholics are 15 times more likely to commit suicide than are other
segments of the population.
More than 60 percent of burns, 40 percent of falls, 69 percent of
boating accidents, and 76 percent of private aircraft accidents are
alcohol related.








24,000 people will die on the highway due to the legally impaired
driver.
12,000 more will die on the highway due to the alcohol-affected driver.
15,800 will die in non-highway accidents.
30,000 will die due to alcohol-caused liver disease.
10,000 will die due to alcohol-induced brain disease or suicide.
Up to another 125,000 will die due to alcohol-related conditions or
accidents.
It takes one hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body.
Impairment in coordination and judgment can be objectively measured
with as little as two drinks in the body.
A person who is legally intoxicated is 6 times more likely to have an
accident than a sober person.
35
92
Attachment B
Minimum Thresholds
(a) As a laboratory,
you must use the
cutoff concentrations
displayed in the
following table for
initial and
confirmatory drug
tests. All cutoff
concentrations are
expressed in
nanograms per
milliliter (ng/mL). The
table follows: Initial
test analyte
Marijuana
metabolites
Cocaine metabolites
Opiate metabolites
Codeine/Morphine2
Morphine
6–Acetylmorphine
Phencyclidine
Amphetamines3
AMP/MAMP4
Methamphetamine5
MDMA6
MDA7
MDEA8
Initial test cutoff
concentration
Confirmatory test
analyte
Confirmatory test
cutoff
concentration
50 ng/mL
THCA1
15 ng/mL.
150 ng/mL
Benzoylecgonine
100 ng/mL.
2000 ng/mL
Codeine
2000 ng/mL.
6–Acetylmorphine
Phencyclidine
2000 ng/mL.
Amphetamine
250 ng/mL.
MDMA
250 ng/mL.
250 ng/mL
250 ng/mL.
10 ng/mL
25 ng/mL
500 ng/mL
500 ng/mL
10 ng/mL.
25 ng/mL.
250 ng/mL.
36
93
Personnel Policy Changes and Updates
Description
Attachment 1: Update of Policy A-5, The Board of County Commissioners Appointive Powers
and Statutory Limitations, to reflect changes to the General Statutes.
Attachment 2: Revision of Policy B-2, Method of Recruitment and Selection, to limit the
acceptance of applications to advertised vacancies only and ensure all vacant positions are
properly advertised.
Attachment 3: Revision of Policy B-16, Inclement Weather, to clarify excused tardiness policy
and to provide the County Manager the flexibility to excuse absences/tardiness based on
individual circumstances.
Board Action Requested
Approval of the proposed changes to Personnel Policy A-5, Policy B-2, and Policy B-16.
94
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
THE BOARD OF COUNTY
COMMISSIONERS
APPOINTIVE POWERS
AND STATUTORY
LIMITATIONS
1.0
NUMBER
A-5
REVISION
3
EFFECTIVE DATE
PAGE OF
01/03/2011
1
3
POLICY
1.1 The Board of County Commissioners shall appoint all County officers and
employees except elected officials and those whose appointment is stipulated by law,
but the Board may delegate appointing authority to the County Manager authorizing
him to make appointments on their behalf.
1.2 The Board may, through the County Manager, delegate to Department Heads; the
authority to suspend and remove employees assigned to their respective departments in
accordance with established County policy. (See Policy H-1, Disciplinary Action.)
1.3 The appointive authority of the Board of County Commissioners is limited by the
North Carolina General Statutes as provided for below.
2.0
DEPARTMENTS AFFECTED:
All Departments.
3.0
DEFINITIONS:
None.
4.0
PROCEDURE/RULE
4.1 GS 153A-81 provides that the Board of County Commissioners may appoint a County
Manager to serve at their pleasure. GS 153A-82 provides that the Board of County
Commissioners may permit the County Manager to appoint those officers, employees
and agents the board deems appropriate without first securing the Board's approval.
4.2 GS 105-294 provides that the Board of Commissioners shall appoint a Tax Assessor
on the first Monday in July of every odd year. The Board of County Commissioners
may remove the Tax Assessor from office for good cause after giving notice in writing
and an opportunity to appear and be heard at a public session of the Board. Whenever
a vacancy occurs in this office, the Board of County Commissioners shall appoint a
qualified person to serve as County Tax Assessor for the period of the unexpired term.
Attachment 1
95
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
THE BOARD OF COUNTY
COMMISSIONERS
APPPOINTIVE POWERS
AND STATUTORY
LIMITATIONS
NUMBER
A-5
REVISION
3
EFFECTIVE DATE
PAGE OF
01/03/2011
2
3
4.3 GS 105-349 provides that the Board of Commissioners shall appoint a Tax Collector
on the first Monday in July of every odd year. The Board of County Commissioners
may remove the Tax Collector from office for good cause after giving notice in writing
and an opportunity to appear and be heard at a public session of the Board. Whenever
a vacancy occurs in this office, the Board of County Commissioners shall appoint a
qualified person to serve as County Tax Collector for the period of the unexpired term.
4.4 GS 130A-40 provides that the local Board of Health shall appoint the Health Director
after consultation with the [Secretary of the Department of Human Resources and the]
Board of County Commissioners and subject to the approval of the State Health
Director.
4.5 GS 130A-41 (b) (12) provides that the Health Director shall employ and dismiss
employees of the Health Department in accordance with the provisions of Article 1,
Chapter 126 of the North Carolina General Statutes, hereinafter referred to as the State
Personnel Act.
4.6 GS 108A-12 provides that the Board of Social Services shall appoint the Social
Services Director and GS 108A-14 provides the Social Services Director shall appoint
and dismiss Social Service Employees in accordance with their Merit System
rules of the State Personnel Commission.
4.7 GS 153A-103 provides the Sheriff with the exclusive right to hire, discharge, and
supervise the employees in his department. The Sheriff shall make all appointments,
but the County Manager, subject to approval of the Board of County Commissioners,
shall determine the classification and starting salary of each new or rehired employee.
The Board of County Commissioners also determines the number of employees in the
Sheriff's Office when it approves the budget for the Sheriff's Office. However, GS
153A-103 further provides that the Sheriff is entitled to at least [one deputy] two
deputies who shall be reasonably compensated by the County.
4.8 GS 153A-103 provides that the Register of Deeds has the exclusive right to hire,
discharge, and supervise the employees in his/her office. The Register of Deeds shall
make all appointments, but the County Manager, subject to the approval of the Board
Attachment 1
96
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
THE BOARD OF COUNTY
COMMISSIONERS
APPPOINTIVE POWERS
AND STATUTORY
LIMITATIONS
NUMBER
A-5
REVISION
3
EFFECTIVE DATE
PAGE OF
01/03/2011
3
3
of County Commissioners, shall determine the classification and starting salary of each
new or rehired employee. The Board of County Commissioners determines the
number of employees in the Register of Deeds' office when it approves the budget for
the Register of Deeds' Department; however, GS 153A-103 further provides that the
Register of Deeds is entitled to at least [one deputy] two deputies who shall be
reasonably compensated by the County, provided that the Register of Deeds justifies
to the Board of County Commissioners the necessity of the second deputy.
4.9 Memorandum of Understanding. A contract entered into by the Board of County
Commissioners and the North Carolina State Extension Service.
Attachment 1
97
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
METHOD OF
RECRUITMENT
AND SELECTION
1.0
NUMBER
B-2
REVISION
3
EFFECTIVE DATE
01/03/2011
PAGE OF
1
3
POLICY:
1.1 Applicants for positions in Dare County Government shall be subject to open
competition as outlined in the definitions and procedures listed below. The Human
Resources Director shall provide a centralized recruitment service for these positions.
1.2 The Human Resources Director, with the concurrence of the County Manager, shall
establish the procedures governing recruitment, the acceptance of applications, and the
final selection processes which are consistent with the principles of Equal Opportunity
and Affirmative Action (see Policy I-1, Affirmative Action).
2.0
DEPARTMENTS AFFECTED:
All Departments.
3.0
DEFINITIONS:
3.1 Regular Position. A position which has been approved by the Board of County
Commissioners, where the recurring duties and responsibilities are required to be
attended on a continuous and annually-recurring basis, requiring full-time employment.
3.2 Regular Part-time Position. A position which has been approved by the Board of
County Commissioners where the recurring duties and responsibilities are required to
be attended on a continuous and annually-recurring basis and which can be attended in
less than a regular workday and/or work week. A position requiring 1,000 hours or
more affords fringe benefits. A position requiring less than 1,000 hours affords no
fringe benefits.
3.3 Temporary Position. A position which requires the duties and responsibilities to be
attended for a specified period of time, not to exceed a maximum duration of twelve
(12) consecutive months. A temporary position affords no fringe benefits.
3.4 Applicant. A person who in accordance with County policy, has completed and filed
the appropriate application, together with any required supplements for employment in
a specific position.
Attachment 2
98
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
METHOD OF
RECRUITMENT
AND SELECTION
NUMBER
B-2
REVISION
3
EFFECTIVE DATE
01/03/2011
PAGE OF
2
3
3.5 Candidate. An applicant who meets or exceeds the minimum qualifications for the
position for which he/she has applied in accordance with policies and procedures
established by the Human Resources Director and, where applicable, approved by the
Office of State Personnel.
3.6 Employment Application. A standard form completed by applicants interested in
employment in a Dare County agency. Inquiries, resumes, and letters of intent shall not
be accepted as applications.
3.7 Recruitment/Selection Standards. The job-related minimum qualifications along with
the related knowledge, skills and abilities, necessary to perform the duties of a position.
3.8 Rating of Training and Experience. A method of determining the qualifications of an
applicant consisting of an evaluation of the applicant's education and experience as
noted on the application form.
4.0
PROCEDURE/RULE:
4.1 Applications will only be accepted for advertised, vacant positions. [Individuals
interested in positions currently not available may complete an application and the
application will be maintained in an active file for one year. Applications on file are
reviewed and referred to the appropriate Department Head for consideration when a
vacancy occurs.]
4.2 When a vacancy exists in a department, every effort shall be made to consider qualified
employees for the merit promotion program. If the Department Head also desires to
advertise outside the department, he/she shall notify the Human Resources Director in
writing of the requirement to advertise the position. [and shall specify the type of
appointment the department wishes to pursue.]
4.3 The Dare County Human Resources Director shall be responsible for assisting the
Department Head in recruiting qualified personnel for all vacant positions approved in
the department’s operating budget.
Attachment 2
99
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
METHOD OF
RECRUITMENT
AND SELECTION
NUMBER
B-2
REVISION
3
EFFECTIVE DATE
01/03/2011
PAGE OF
3
3
4.4 Available positions may be advertised for no less than one week.
4.5 Employment applications shall be submitted to the Human Resources Department.
4.6 Applicants shall be considered on the basis of qualifications without regard to age, sex,
race, color, creed, religion, marital status, political affiliation, handicap, or national
origin, except where occupational qualifications are necessary for job performance.
Handicapped applicants shall be given equal consideration in compliance with Section
504 of the Rehabilitation Act of 1973 and other appropriate Federal laws. Special
emphasis will be placed on efforts to attract minorities, women, the handicapped, or
other groups that are substantially underrepresented in the department’s work force
where the vacancy exists.
4.7 Each applicant's education and experience will be evaluated against job-related selection
processes for the position. The Human Resources Director will refer the most qualified
candidates to the department for further screening.
4.8 Each Department Head shall follow a consistent job- related selection process in
determining which of the referred candidates he/she wishes to interview and shall
select the candidate he/she deems most qualified for the position in accordance with such
job-related selection process. Employment applications of those candidates not selected
must be returned to the Human Resources Department. The Department Head must
reasonably document his/her hiring decisions and explain his/her basis for selection.
Attachment 2
100
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
INCLEMENT
WEATHER
NUMBER
B-16
REVISION
3
EFFECTIVE DATE
01/03/2011
PAGE OF
1
2
1.0 POLICY:
In situations involving inclement weather, heavy snow storms, or other unusual
circumstances or conditions affecting all or a majority of County departments and/or their
operation, County offices and departments shall remain open for the full scheduled work
shift unless authorized for early closing or other deviation by the County Manager's Office.
2.0 DEPARTMENTS AFFECTED:
All Departments.
3.0 DEFINITIONS:
None.
4.0 PROCEDURE/RULE:
4.1 In the above circumstance, it is incumbent upon the Department Head to insure that
his/her department or office is open to the public at the usual time unless he/she has
received prior notification from the County Manager's office.
4.2 If for any reason it is impossible for the department head or any member of this staff to
open an office or department at the regularly scheduled time, the County Manager's
office must be notified immediately.
4.3 Employees must assume that all County offices and departments will open at the
regularly scheduled time regardless of conditions or circumstances.
4.4 Employees unable to report to work on time due to circumstances beyond their control
may be excused provided the time is not in excess of one hour of the official scheduled
beginning of the work shift. For any [hour] time beyond the [beginning] first hour of
the work shift, employees are required to use earned vacation time or compensatory
time.
4.5 Employees who are unable to report to work at all due to circumstances beyond their
control should notify their supervisor before the official scheduled work shift begins,
and unless otherwise authorized by the County Manager, shall be required to take
vacation or compensatory time on an hour-for-hour basis according to the official
authorized work shift schedule for the particular day.
Attachment 3
101
DARE COUNTY PERSONNEL POLICY AND PROCEDURE
TITLE
INCLEMENT
WEATHER
NUMBER
B-16
REVISION
3
EFFECTIVE DATE
01/03/2011
PAGE OF
2
2
4.6 All offices and departments will be given sufficient advance notice of any authorized
early closing. Employees who leave work before an official early closing time has been
announced will be required to use earned vacation or compensatory time for all
unauthorized hours taken.
4.7 It shall be mandatory that each supervisor be supplied with the current telephone
numbers of every employee under his/her supervision and that every employee be
furnished with the current telephone number of the person above him/her on the
departmental or unit "telephone chain".
4.8 Employees in doubt concerning a possible delay or canceled opening of their
department or office should call his/her supervisor or the person above him/her on the
departmental unit "telephone chain" no earlier than one (1) hour prior to the scheduled
opening of the office or department to which the employee is assigned. Employees
should not rely on radio or television announcements regarding the status of County
offices.
4.9 When County offices are officially closed, employee time and compensation will be
subject to the procedures outlined both in this policy and in F-9, “Administrative
Leave”.
Attachment 3
102
Red Bag Project Grant Budget Amendment
Description
The Dare County Elder Abuse Collaborative is currently sponsoring a Red Bag Project in Dare County. The
project consists of purchasing a red insulated bag large enough to hold numerous medications. It makes it
convenient when going to doctor appointments, the hospital, or for EMS so that there is an accurate account of
all medications and doses in one place. The goal of using the bag is to, hopefully, prevent incorrect or
overdoses of medications.
The Dare County Elder Abuse Collaborative was recently awarded a grant in the amount of $3,925 to
support the Red Bag Project currently being conducted by the Collaborative. Dare County Department of Social
Services will act as the fiscal agent for the grant funds. The total grant will be used to purchase the red bags at a
cost of $3.14 a piece. There are no county funds involved
Item Presenter
N/A
Board Action Requested
Approve budget amendment
103
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
Org
CODE
Object
F/Y 2010/2011
INCREASE
DECREASE
Project
Revenues:
Red Bag Project Grant
103051
3,925
104614
3,925
Expenditures:
Red Bag Project
Explanation:
The Dare County Elder Abuse Collaborative is currently sponsoring a Red Bag Project in Dare County. The
project consists of purchasing a red insulated bag large enough to hold numerous medications. It makes it
convenient when going to doctor appointments, the hospital, or for EMS so that there is an accurate account of
all medications and doses in one place. The goal of using the bag is to, hopefully, prevent incorrect or
overdoses of medications.
The Dare County Elder Abuse Collaborative was recently awarded a grant in the amount of $3,925 to
support the Red Bag Project currently being conducted by the Collaborative. Dare County Department of Social
Services will act as the fiscal agent for the grant funds. The total grant will be used to purchase the red bags at a
cost of $3.14 a piece. There are no county funds involved.
Approved by:
Board of Commissioners:________________________________________
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
Date entered:______________ Entered by:_____________ Reference number:___________
7/14/2008 1:37 PM
104
Board Appointment - Juvenile Crime Prevention Council
Description
There is currently a vacancy due to the resignation of Eddie Lynch. The JCPC recommends Ron Bennett fill the
unexpired term (6/10 - 6/12). Mr. Bennett is willing to serve.
Item Presenter
Bobby Outten, County Manager
Board Action Requested
Make appointment
105
JANUARY 3, 2011
JUVENILE CRIME PREVENTION COUNCIL
(Two Year Term)
Vacant (due to resignation of Eddie Lynch)
(Member of Business Community)
(Current Term 6/10 – 6/12)
The JCPC recommends:
Ron Bennett
fill the unexpired term.
Mr. Bennett is willing to serve. Application attached.
Other Members:
See attached list
106
JUVENILE CRIME PREVENTION COUNCIL
(Two Year Term)
MEMBER
TERM EXPIRATION
ACTION
Amber Davis
6/11
115 Garden Dr.
Manteo, NC 27954
473-2950
(District Court Judge/Co. Comm. Appt.)
Apptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,05,07,
09
Richard J. Martin
P.O. Box 1878
Manteo, NC 27954
473-1957
(School Supt. or designee)
6/11
Apptd. 7/07
Reapptd. 7/09
Vance Haskett
P.O. Box 246
Manteo, NC 27954
473-2069
(Manteo Police Chief)
6/11
Apptd. 1/08
Reapptd. 7/09
Doug Oberbeck
P.O. Box 853
Buxton, NC 27920
995-3158
(Local Sheriff or designee)
6/11
Apptd. 7/07
Reapptd. 7/09
Jennifer Karpowicz
P.O. Box 1276
Manteo, NC 27954
919-357-5700
(Asst. Dist. Atty. or designee)
6/11
Apptd.
7/09
Sherri Ellington
6/11
Dept. of Juvenile Justice and Delinquency Prevention
P.O. Box 513
Elizabeth City, NC 27907
252-331-4759, ext. 224
(Chief Court Counselor or designee)
Apptd. 10/04
Reapptd. 6/05,07
09
Lora Vann
P.O. Box 473
Ocracoke, NC 27960
252-320-2137
(Director AMH/DD /SA or designee)
6/11
Apptd.
Bonnie Bennett, Treas.
P.O. Box 1000
Manteo, NC 27954
475-5753
(County Manager or designee)
6/11
Apptd. 1/99
Reapptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,05,07
09
107
11/09
Melinda Mogowski
P.O. Box 3707
Kill Devil Hills, NC 27948
441-3536
(Substance Abuse Professional)
6/12
Apptd. 1/99
Reapptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,06,08
6/10
Kevin Brunk
947 Hwy 64
Manteo, NC 27954
473-1030
(Member of Faith Community)
6/12
Apptd. 7/09
Reapptd. 6/10
Virginia Tillett
P.O. Box 653
Manteo, NC 27954
473-2264
(County Commissioner)
6/11
Apptd. 1/03
Reapptd. 10/04,05,07
09
Pat Hudspeth
5200 Pine Hill Lane
Kitty Hawk, NC 27949
252-473-3484
(Juvenile Defense Attorney)
6/11
Apptd. 3/08
Reapptd. 7/09
Edgar Barnes
6/11
159 Fearing Place.
Manteo, NC 27954
473-2950
(Chief District Judge or designee/Co. Comm. Appt)
Apptd. 1/99
Reapptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,05,07
09
Vacant
(Member of Business Community)
6/12
Anne Thomas
P.O. Box 1000
Manteo, NC 27954
475-5002
(Local Health Director or designee)
6/11
Apptd. 1/99
Reapptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,05,07
09
Lynn Bryant
P.O. Box 1490
Manteo, NC 27954
473-5121
(Rep. United Way/other Non-profit)
6/12
Apptd. 1/99
Reapptd. 1/01
Reapptd. 1/03
Reapptd. 10/04,06,08
6/10
Thomas Williamson
5219 Sycamore Lane
Kitty Hawk, NC 27949
255-2930 (H)
619-9451 (O)
(Co. Comm. Appointee)
6/11
Apptd. 12/08
Reapptd. 7/09
108
Jay Burrus
P.O. Box 669
Manteo, NC 27954
475-5500
(Director-Social Services)
6/11
Apptd. 1/03
Reapptd. 10/04,05,07
09
Katherine Irby
P.O. Box 1000
Manteo, NC 27954
473-4290
(4-H/SOS-Co. Comm. Appt.)
6/11
Apptd. 1/03
Reapptd. 10/04,05,07
09
Melinda Maher
6/11
149 Dogwood Circle
Manteo, NC 27954
(PTA Executive Council/Co. Comm. Appt)
Apptd. 12/08
Reapptd. 7/09
Loretta Michael
6/11
P.O., Box 2539
Kill Devil Hills, NC 27948
441-0614
(Children & Youth Partnership/Co. Comm. Appt.)
Apptd. 1/03
Reapptd.10/04,05,07,09
Tim White
P.O. Box 1000
Manteo, NC 27954
475-5916
(Director, Parks & Rec.)
6/12
Apptd. 6/08
Reapptd.6/10
Lora Gilreath
P.O. Box 852
Nags Head, NC 27959
252-945-6690
(At Large)
6/11
Apptd. 6/10
Marsha Ribner-Cady
103 Weir Point Dr.
Manteo, NC 27954
252-473-3094(At Large)
6/12
Apptd. 6/10
Elise Quidley
137 Scuppernong Rd.
Manteo, NC 27954
252-473-2506
(Youth Rep. under age 18)
6/12
Apptd. 11/10
David Spruill
3489 Herbert Perry Rd.
Kitty Hawk, NC 27949
252-261-5489
(Youth Rep. under age 18)
6/12
Apptd. 11/10
NOTES:
Doug Oberbeck replaced Dave Cheesman 7/07.
Tom Waite replaced Tim Hill 7/07.
109
Jane Midgett replaced Betty Selby 7/07.
Renee Welch replaced Amy Wells 7/07.
Richard Martin replaced DuWayne Gibbs 7/07.
Katie Lee and Kasey Rollinson filled vacant youth rep. positions 11/07.
Vance Haskett appointed to fill unexpired term of Francis D’Ambra 1/08.
Winfield Bevins replaced Jim Southern 6/08.
Tim White replaced Cliff Ogburn 6/08.
Sarah Massey filled unexpired term of Tom Waite 10/08.
Tom Williamson filled unexpired term of Jane Midgett 12/08.
Melinda Maher filled unexpired term of Renee Welch 12/08.
Sara Gist filled vacant at large student rep 12/08.
Richard Martin replaced Nancy Griffin 7/09.
Jennifer Karpowicz replaced Kimberly Pellini 7/09.
Kevin Brunk filled unexpired term of Winfield Bevins 7/09.
Lora Vann filled unexpired Sarah Massey 11/09.
Lora Gilreath filled unexpired term of Cole Beasley 6/10.
Marsha Ribner-Cady filled vacant at large seat 65/10.
REVISED 10/10
110
Board Appointments - Nursing Home Community Advisory Council
Description
The following have terms to expire this month: Kaye White and Roger Barnett. Mrs. White does not want to be
reappointed. Mr. Barnett would like to be reappointed. Applications have been received from: Richard Burris,
Laurie Worsley and John Mascaro.
Item Presenter
Bobby Outten, County Manager
Board Action Requested
Make appointments/reappointments
111
January 3, 2011
BOARD APPOINTMENTS
NURSING HOME COMMUNITY ADVISORY COUNCIL
(One Year Term, Three Year if reappointed)
The following have terms to expire this month:
Kaye White
(Nursing Home Appt.)
(Current Term 2/08 – 1/11)
(Originally Apptd. 9/03)
Roger Barnett
(At Large Appt.)
(Current Term 4/10 – 1/11)
(Originally Apptd. 4/10)
Mrs. White does not want to be reappointed.
Mr. Barnett would like to be reappointed.
Applications have been received from:
Richard Burris
Laurie Worsley
John Mascaro
Other Members:
See attached list
112
NURSING HOME COMMUNITY ADVISORY COUNCIL
(One Year Term, Three Year if reappointed)
MEMBER
TERM EXPIRATION
ACTION
Cyrithia Kalongi
P.O. Box 1346
Manteo, NC 27954
252-267-0376(cell)
12-12
Apptd. 1-06
Reapptd.12-06,09
Virginia Tillett (Ex-Officio)
P.O. Box 653
Manteo, NC 27954
473-2753(H)
(1-12)
(Apptd. 1-05)
Reapptd. 1-06,08
Kaye White (NH Appt.)
423 W. Villa Dunes Dr.
Nags Head, NC 27959
441-7062
1-11
Apptd.
9-03
Reapptd. 2-08
Lib Fearing
P.O. Box 1048
Manteo, NC 27954
473-2822
3-11
Apptd.
9-03
Reapptd. 4-05,08
Appollonia (Bella) Reber, CH.
2802 Sea Horse Court
Kitty Hawk, NC 27949
255-0925
9-13
Apptd.
9-09
Reapptd. 9-10
Roger Barnett( At Large)
P.O. Box 778
Wanchese, NC 27981
216-8024
1-11
Apptd. 4-10
NOTES:
WHEN APPOINTMENTS ARE MADE:
NOTIFY: Debra N. Sheard, Regional Ombudsman
The Albemarle Commission
P.O. Box 646, Hertford, NC 27944
919-426-5753
The Nursing Home Community Advisory Committee acts as a liaison between the
Albemarle Commission and Britthaven Nursing Home.
Marjorie Lane, Ombudsman of the Albemarle Commission called to ask for a copy of Mr. Russell
Langley’s letter of resignation from the Nursing Home Advisory Committee.
Ms. Lane said that by law only five members from Dare County should be on the Board. She
recommended not replacing Mr. Langley since there were five members after his resignation.
113
She also advised that law provides that one of the members is to be an individual recommended
by the Nursing Home. She asked that the next time a term is due to expire, this slot be filled by
such a person.
Dorothy Meers replaced Polly Bernd 9/90.
Dawn Gibbs replaced Alice Basnight 4/91.
Roy Riddick appointed to fill unexpired term of Emma Cannady. He can only be appointed for 1
year since this is his first appointment. His term will expire 1/94.
Liz Ann Creef appointed to fill seat left vacant by Dorothy Meers 1/95. Ms. Creef’s term will
expire 9/95.
Liz Ann Creef reappointed in 9/95 but later declined. Mary Hall appointed to fill her unexpired
term 11/95.
Helen Beshens replaced Dawn Gibbs 1/97.
Lib Fearing replaced Dawn Gibbs 1/97.
Comm. Hassell replaced Roy Riddick. Her term will expire 1/97.
Louise Gray replaced Katherine McKimmey on 3/97.
Lovey Moore replaced Helen Beshens 6/97. Mrs. Beshens could not serve due to a family
member being a resident at Britthaven.
Eleanor Meekins replaced Lib Fearing 6/97. Mrs. Fearing could not serve due to a family
member being a resident of Britthaven.
Comm. Anna Sadler replaced Shirley Hassell 1/99.
Mary Conway replaced Lovie Moore 12/00.
Renee Cahoon filled unexpired term of Anna Sadler 1/01.
Joann Williams replaced Louise Gray 3/01.
Peggy Thank filled unexpired term of Mary Hall 5/01.
Lib Fearing apptd. to fill unexpired term of Joann Williams 9/03.
Kaye White apptd. to fill unexpired term of Renee Cahoon 9/03. Renee Cahoon can only serve
as an ex-officio member and not as an active voting member of the board according to NCGS.
Dell Collins replaced Mary Conway 1/05.
Gail Sonesso replaced Patricia Schwartz 1/05.
Virginia Tillett replaced Renee Cahoon 1/05.
Cyrithia Kalongi replaced Dell Collins 1/06.
Frank Hester filled unexpired term of Peggy Thank 5/07.
Jackie Wenberg replaced Gail Sonnesso 2/08.
Steve Jennette filled unexpired term of Jackie Wenberg 11/08.
Appollonia (Bella) Reber filled unexpired term of Frank Hester 9/09.
Phelpie Edmondson filled unexpired term of Steve Jennette 9/09.
Roger Barnett appointed to fill unexpired term of Phelpie Edmondson 4/10.
REVISED 9/10
114
Board Appointments - Tourism Board
Description
The following had terms to expire last month: Monica Thibodeau (Town of Duck) and Brian McDonald (Town
of Southern Shores). The Town of Duck recommends reappointing Monica Thibodeau or appointing Donald
Kingston or Chuck Burdick. The Town of Southern Shores recommends appointing Hal Denny, Jodi Hess or
George Kowalski.
Item Presenter
Bobby Outten, County Manager
Board Action Requested
Make appointments/reappointments
115
January 3, 2011
BOARD APPOINTMENTS
TOURISM BOARD
(Two Year Term)
The following had terms to expire last month:
Monica Thibodeau
(Town of Duck)
(Current Term 12/08 – 12/10)
(Originally Apptd. 1/10)
Mrs. Thibodeau is eligible for reappointment.
Brian McDonald
(Town of Southern Shores)
(Current Term 12/08 – 12/10)
(Originally Apptd. 12/08)
Mr. McDonald cannot be reappointed as he
is no longer a Southern Shores Town Councilman.
The Town of Duck recommends:
Monica Thibodeau
Donald Kingston
Chuck Burdick
The Town of Southern Shores recommends:
Hal Denny
Jodi Hess
George Kowalski
Other Members:
See attached
116
DARE COUNTY TOURISM BOARD
(Two Year Term)
Effective January 1, 1992
MEMBER
TERM EXPIRATION
ACTION
Ralph Buxton
P.O. Box 939
Nags Head, NC 27959
441-6756 (H) 441-9200 (ext 28) (O)
Outer Banks Chamber of Commerce
12-11
Apptd. 12-08
Reapptd. 12-10
Paul Charron
102 Holly Ct.
Manteo, NC 27954
305-3666 (H) 473-6666 (O)
DC Rest. Asso.
12-11
Apptd.
Sterling Webster
100 Raptor Point Dr.
Kill Devil Hills, NC 27948
441-6632 (H) 261-1290 (O)
OB Hotel/Motel Asso.
12-11
Apptd.
12-08
Reapptd. 12-10
Jackie Myers
1603 Ketch Lane
Kill Devil Hills, NC 27948
202-3022 (H) 480-4179 (O)
OB Asso. of Realtors
12-11
Apptd.
1-08
Reapptd.12-09
Monica Thibodeau
126 Sea Hawk Dr. W
Duck, NC 27949
255-0109 H)
Town of Duck
12-10
Apptd.
1-10
Brian McDonald
132 W. Holly Trail
Southern Shores, NC 27949
255-5118 (H) 441-1740 (O)
Town of Southern Shores
12-10
Apptd.
12-08
Gary Perry
383` Herbert Perry Rd.
Kitty Hawk, NC 27949
261-5332 (H)
Town of Kitty Hawk
12-11
Apptd.
12-09
Paul Buske, Ch.
P.O. Box 721
Kitty Hawk, NC 27949
441-1888 (H) 261-8724 (O)
Town of Kill Devil Hills
12-11
Apptd.
2-07
Reapptd. 1-08
Reapptd.12-09
117
12-09
Anna Sadler
4714 S. Blue Marlin Way
Nags Head, NC 27959
441-6719(H)
Town of Nags Head
12-11
Apptd.
12-09
Jamie Daniels
301 Devon St.
Manteo, NC 27954
473-5103(H)
Town of Manteo
12-11
Apptd.
1-10
Reapptd. 12-10
Jack Shea
290 Wax Myrtle Trail
Southern Shores, NC 27949
261-4158 (H)
DC Commissioner
12-11
Apptd.
Allen Burrus
P.O. Box 27
Hatteras, NC 27943
986-2286
216-7019 (cell)
Hatteras Island
Member at Large
12-12
Apptd. 12-08
Reapptd. 12-10
Scott Leggat
P.O. Box 183
Rodanthe, NC 27968
987-2615 (H) 995-7340 (O)
Member at Large
12-11
Apptd.
12-09
12-09
NOTE:
MEETING DATE: 3rd Thursday of each month
9:00 a.m., 1 Visitors Center Circle, Manteo, NC
Some members were appointed for one year in order to stagger the terms (1992)
Luther Daniels was apptd. 1/92 and resigned 5/92. Gus Granitzki was appointed to fill unexpired term.
Stuart Bell replaced RV Owens III 11/92.
Terrence Gray replaced Cecil Williams 11/92.
Geneva Perry apptd. to fill unexpired term of Ozzie Gray 7/93.
Don Bryan replaced Geneva Perry as member at large 11/93.
Carl Parrott replaced Paul Pruitt 12/93.
Lacy McNeil replaced Terence Gray 12/93.
Renee Cahoon replaced Don Bryan as Town of Nags Head representative 12/93.
Geneva H. Perry apptd. to fill unexpired term of Robert Williams who resigned 11/94.
Myra Ladd replaced Stuart Bell as Ch. of Commerce rep. 12/94.
Kern Pitts apptd. 12/94. Seat was left vacant by death of Wayne Gersen.
Terry Gray appointed 12/94 to fill unexpired term of the late Lacy McNeil.
Appointment for Town of Manteo was tabled 12/94.
Edward Greene replaced Gus Granitzki 1/95.
Dick Woods appointed to fill unexpired term of Kern Pitts 3/95.
John Woolard replaced Mike Kelly 12/95.
118
John Stubbings replaced Robert Middlebrooks 12/95.
Stuart Bell replaced Don Bryan 12/95.
Jimmy Hanks appointed to fill unexpired term of Terry Gray 1/96.
Cliff Blakely replaced Warren Judge 1/97.
Lee Tugwell replaced Edward Green 1/97.
Tim Shearin replaced Mollie Fearing 1/97.
John Robert Hooper replaced Tim Midgett 1/97.
Warren Judge replaced John Woolard 1/98.
David L. Perrot replaced John Stubbings 1/98.
Ken Hollowell replaced Carl Parrott 1/98.
Sherry Rollason replaced Jimmy Hanks 1/98.
George Farah III replaced Renee Cahoon 1/98.
Stan White replaced Geneva Perry 1/98.
Sterling Webster replaced Myra Ladd 12/98.
Paul Sutherland replaced Dick Wood 12/98.
Dawn Enochs replaced Tim Shearin 12/98.
Tim Cafferty replaced David Parrott 12/99.
Christine Nunemaker replaced Stuart Bell 12/99.
Raju Uppalapati replaced Sterling Webster 12/00.
Jeff Tack replaced Cliff Blakeley 12/00.
Tim Midgette replaced John Robert Hooper 12/00.
Tim Shearin replaced Dawn Enochs 12/00.
Curtis Creech replaced Lee Tugwell 12/00.
Bob Woodard replaced Sherry Rollason 12/01.
Anna Sadler replaced George Farah III 12/01.
John Robert Hooper replaced Stan White 12/.01.
Dawn Enoch replaced Christine Nunemaker 12/01.
Doug Seay replaced Ken Hollowell 12/01.
Sammy Moore replaced Warren Judge 2/02.
Dellerva Collins appointed to fill unexpired term of Curtis Creech 6/02
Eugene Kennedy replaced Paul Sutherland 12/02.
Neil Morrison replaced Tim Shearin 12/02.
Barbara Connery replaced Tim Cafferty 12/03.
Sherry Rollason replaced Bob Woodard 12/03.
Bob Woodard replaced Dawn Enochs 12/03.
Hal Denny filled unexpired term of Gene Kennedy 1/04.
Lisa Cafferty replaced Raju Uppalapati 12/04.
Michelle Pharr replaced Jeff Tack 12/04.
Mike Johnson filled unexpired term of John Robert Hooper 1/05.
Scott Leggat replaced Tim Midgett 1/05.
Irvin Bateman replaced Doug Seay 12/05.
Ben Sproul replaced Sammy Moore 1/06.
Chuck Ball replaced Sherry Rollason 1/06.
Renee Cahoon replaced Anna Sadler 1/06.
David Farrow filled unexpired term of Dell Collins 1/06.
Dan Shields apptd. To fill unexpired term of Hal Denny 1/06.
Tim Shearin replaced Bob Woodard 2/06.
Paul Buske apptd. to fill unexpired term of Chuck Ball 2/07.
Jackie Myers replaced Barbara Connery 1/08.
Ralph Buxton replaced Lisa Cafferty 12/08.
Brian McDonald replaced Dan Shields 12/08.
Allen Burrus replaced Scott Leggat 12/08.
Sterling Webster replaced Michelle Pharr 1/09.
Dave Wessel replaced Nancy Caviness 1/09.
Paul Charron replaced Ben Sproul 12/09.
Gary Perry replaced Ervin Bateman 12/09.
119
Wayne Gray replaced Renee Cahoon 12/09, (Mr. Gray declined appointment, Anna Sadler apptd. 1/10)
Jack Shea replaced Mike Johnson 12/09.
Scott Leggat replaced Tim Shearin 12/09.
Monica Thibodeau apptd. to fill unexpired term of Dave Wessel 1/10.
Jamie Daniels apptd. to fill unexpired term of David Farrow 1/10.
REVISED 12/10
120
Upcoming Board Appointments for February 2011
Description
Aging Advisory Council for the Albemarle Commission - Brandi Rheubottom and Bel Pitcher
Planning Board - David Overton, Beth Midgett and Henry Haywood
Item Presenter
Bobby Outten, County Manager
Board Action Requested
None
121
January 3, 2011
UPCOMING BOARD APPOINTMENTS FOR FEBRUARY 2011
AGING ADVISORY COUNCIL FOR THE ALBEMARLE COMMISSION
(Two Year Term)
Brandi Rheubottom
(Current Term 2/09 – 2/11)
(Originally Apptd. 2/01)
Isabel “Bel” Pitcher
(Current Term 2/09 – 2/11)
(Originally Apptd. 9/03)
Other Members:
None
122
PLANNING BOARD
(Three Year Term)
David Overton
(Current Term 2/08 – 2/11)
(Originally Apptd. 2/08)
Beth Midgett
(Current Term 2/08 – 2/11)
(Originally Apptd. 8/04)
Henry Haywood
(Current Term 2/08 – 2/11)
(Originally apptd. 2/08)
Other Members:
See attached list
123
AGING ADVISORY COUNCIL FOR THE ALBEMARLE COMMISSION
(Two Year Term)
MEMBER
TERM EXPIRATION
ACTION
Brandi Rheubottom
Older Adult Services Director
P.O. Box 1000
Manteo, NC 27954
441-1181
Nags Head Township
2/11
Apptd. 2/01
Reapptd.2/03,05,07,09
Isabel “Bel” Pitcher
417 W. Barracuda Dr.
Nags Head, NC 27959
441-6855
Atlantic Township
2/11
Apptd. 9/03
Reapptd.2/05,07,09
NOTES: Meeting Date – Quarterly on a called basis
Albemarle Commission
Hertford, NC
Emma Jane McDermott replaced Clinton Crawford 2/93.
Brandi Whitehurst replaced Jay Burrus 2/01.
Bel Pitcher filled the unexpired term of Emma Jane McDermott 9/03.
REVISED 2/09
124
PLANNING BOARD
(Staggered/Three Year Term)
MEMBER
TERM EXPIRATION
ACTION
Ricky Scarborough Jr.
148 The Lane
Wanchese, NC 27981
473-4966
District One
2-13
Apptd. 4-03
Reapptd.2-04,07,10
David Overton
418 Berry Dr.
Manteo, NC 27954
473-4802
At Large
2-11
Apptd. 2-08
John Finelli
Box 555
Kitty Hawk, NC 27949
261-8786
District Three
2-12
Apptd. 3-03
Reapptd.2-06,09
Beth Midgett
P.O. Box 250
Hatteras, NC 27943
986-2346
District Four
2-11
Apptd. 8-04
Reapptd.2-06,08
Elmer Midgett, Ch.
109 Stratton Lane
Manteo, NC 27954
473-3545
At-large
2-13
Reapptd. 2-97,98,01,
04,07,10
Henry Haywood
2472 Colington Rd.
Kill Devil Hills, NC 27948
441-5034
District Two
2-11
Apptd.
Dan Oden, Jr.
P.O. Box 306
Hatteras, NC 27943
986-2555
At-Large
2-12
Apptd. 10-07
Reapptd. 2-09
2-08
NOTES
MEETING DATE: 2ND Monday of each month
7:30 p.m., DCBC Meeting Room
2/9/96 Attorney Cole referred to the Ordinance Book regarding appointments to the Planning Board. He
noted that all appointments should be for three years after an initial staggered term of one, two and three
years. The appointments have been for two years. He suggested that in order to comply with the
ordinance, that the members whose terms expired in February be given one more year and the rest of the
members be given one more year. Approved by the DCBC, unanimous.
125
All Board members were appointed/reappointed on 2/3/97.
Jim Kinghorn appointed to replace J.W. Kierzkowski 2/02.
John Finelli replaced Jon Britt 3/03.
Ricky Scarborough, Jr. appointed to fill unexpired term of Mary Aldridge 4/03.
Beth Midgett filled unexpired term of Jim Kinghorn 8/04/
Robert Lewis replaced Marcia Parrott 2/05.
Catherine Morris filled unexpired term of Robert Lewis 9/05.
Dan Oden, Jr. filled unexpired term of Joseph Thompson 10/07.
David Overton replaced John G.B. Myers 2/08.
Henry Haywood replaced Catherine Morris 2/08.
REVISED 2/10
126
Closed Session
Description
1. Approval of Minutes from Last Closed Session (12.6.10)
2. Personnel
Item Presenter
County Manager Outten
Board Action Requested
Enter into Closed Session, Approve Minutes and consider the qualifications, competence, performance,
character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer.
127