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. 7 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 8 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. 11 68 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, 12 69 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 13 70 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. 14 71 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 15 72 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. 16 73 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 17 74 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 18 75 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 19 76 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. 20 77 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 _____ 21 78 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. 22 79 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. 23 80 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 24 81 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. 25 82 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 26 83 (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. 27 84 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