DRAFT TOWN OF NAGS HEAD



DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

ADJOURNED REGULAR SESSION

May 17, 2006

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 7:30 p.m. on Wednesday, May 17, 2006.

COMRS PRESENT: Mayor Pro Tem Anna Sadler; Comr. Wayne Gray;

Comr. Bob Oakes; and Comr. Doug Remaley

COMRS ABSENT: Mayor Renée Cahoon

OTHERS PRESENT: Town Manager Seth Lawless; Town Attorney Ike McRee; Butch Osborne; Wayne Byrum; Dave Clark; Tim Wilson; Roberta Thuman; James Norrell; Lloyd Horton; Jerry McManus; John Ratzenberger; Annette Ratzenberger; and Town Clerk Carolyn Morris

Mayor Pro Tem Sadler called the meeting to order at 7:30 p.m. She welcomed everyone to the meeting and noted that Mayor Cahoon was out of Town attending a conference.

AUDIENCE RESPONSE - LLOYD HORTON

Lloyd Horton, owns the Nixon Cottage at 4019 SVDT in Historic Row; several Historic Row property owners agreed that he would bring up the following items: 1) the property across the street next to Midgett's store has been sold and they have heard it may be developed into a strip mall; they would like the Board to be pro-active in helping determine the future of that area; and 2) they are concerned about beach nourishment and would like the Board to take into consideration that many of the property owners in the Historic Row do not feel that beach nourishment is in the best interest of the area.

AUDIENCE RESPONSE - JERRY MCMANUS

Jerry McManus, Nags Head resident; originally his issue concerning street lights in South Creek Acres in South Nags Head was placed on tonight's agenda but was removed without his notification; the issue concerned payment for the street lights in the South Creek Acres Subdivision; he understands that this will be included on the June 7, 2006 Board agenda for discussion; Mayor Pro Tem Sadler explained that the information he previously provided to Board members has now been provided to the Town Attorney and staff and the Board will be ready to address the issue at the June 7th Board meeting.

RESOLUTION OF APPRECIATION FOR VOLUNTEER DEPUTY FIRE CHIEF JAMES NORRELL

Fire Chief Butch Osborne explained that retiring Volunteer Deputy Fire Chief James Norrell has been the heart and soul of the Volunteer Fire Department and thanked him for his years of service.

Mayor Pro Tem Sadler read and then presented a Resolution of Appreciation to Volunteer Deputy Fire Chief James Norrell; Chief Norrell received a standing ovation in honor of his work for the Town.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Consideration of Resolution for DCM grant for development of Town Stormwater Drainage Plan

- Consideration of 2006 Clean Water Bond Resolution - from NC Rural Center

- Request for Public Hearing to consider proposed text amendments to Sec. 48-407(c)(10) regarding multi-family standards for height, setbacks, and public safety requirements

- Request for Public Hearing to consider proposed text amendments to Sec. 48-7 regarding the definition of restaurant

MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Gray which passed 4 - 0 (Mayor Cahoon was absent.).

The resolution for Town Stormwater Drainage Plan development, as adopted, read in part as follows:

“RESOLUTION AUTHORIZING EXECUTION OF PLANNING AND MANAGEMENT GRANT CONTRACT

‘An adjourned regular session of the Nags Head Board of Commissioners was held in the Board Room, the regular meeting place, on May 17, 2006. Present were Mayor Pro Tem Anna Sadler, Comr. Wayne Gray, Comr. Bob Oakes, and Comr. Doug Remaley.

‘The Nags Head Board of Commissioners were advised that a proposed contract between the Town of Nags Head and the NC Department of Environment and Natural Resources for the provision of Planning and Management Services was presented and discussed; that, under the terms of the said contract, the Town of Nags Head will pay a total of $108,128 as its local share of the planning project costs.

‘BE IT RESOLVED, BY THE NAGS HEAD BOARD OF COMMISSIONERS:

‘1) That the contract between the Town of Nags Head and the NC Department of Environment and Natural Resources be and the same is hereby approved.

‘2) That Mayor Cahoon and the Clerk be and they are hereby authorized to sign and execute the said contract for and on behalf of the Town of Nags Head and forward the same to the NC Department of Environment and Natural Resources.

‘3) That upon final execution, a copy of said contract be filed with the minutes. Upon motion of Comr. Remaley, seconded by Comr. Gray, said resolution was unanimously passed.

‘I, Carolyn F. Morris, Clerk of the Town of Nags Head, North Carolina do hereby certify that the foregoing is a true copy of so much of the proceedings of the Town of Nags Head Board of Commissioners at a meeting held on May 17, 2006 as related to the contract between the Town of Nags Head and the Department of Environment and Natural Resources, relative to the planning and management project for the Town of Nags Head.”

The resolution for 2006 Clean Water Bond, as adopted, read in part as follows:

“2006 CLEAN WATER BOND RESOLUTION

‘WHEREAS, North Carolina's continued prosperity depends on protecting the state's water resources for current use and future generations; AND

‘WHEREAS, North Carolina is expected to grow by 3.5 million people to exceed 12 million by the year 2030, placing pressures on the state's water resources and local water providers; AND

‘WHEREAS, North Carolina's businesses, traditional and emerging industries all depend on reliable supplies of clean water, reasonable utility costs and an attractive natural environment; AND

‘WHEREAS, the 1998 Clean Water Bonds delivered significant benefits to North Carolina communities and citizens, supporting 1,103 projects in 97 counties, which

- helped create or retain 42,000 jobs

- corrected major regulatory violations in 97 communities

- addressed failing septic systems and contaminated wells in 59 counties

- resulted in 50 communities receiving sewer service for the first time

- encouraged regional efficiencies, sound planning and conservation practices; AND

‘WHEREAS, North Carolina's public water, sewer and stormwater utilities will require investments totaling $16.63 billion to keep pace with necessary improvements and population growth over the next 25 years, including $6.85 billion in investments within the next five years.

‘NOW THEREFORE BE IT RESOLVED that the Nags Head Board of Commissioners urges the North Carolina General Assembly to enact a $1 billion bond bill in the 2006 session to fund construction and repair of urgently needed water, sewer and stormwater facilities.

‘BE IT FURTHER RESOLVED that the Nags Head Board of Commissioners calls upon the Governor and the General Assembly to activate the State Water Infrastructure Commission to address the state's long-term water infrastructure needs with a visionary plan for sustained funding of water, sewer and stormwater system improvements.”

BEACH NOURISHMENT: COMR. REMALEY/COMR. GRAY

- Town Dredge Project proposal

- Appointment to Town Beach Nourishment Education Committee

- from May 3, 2006 Board meeting

Comr. Remaley stated that a full report on the dredge project proposal will be provided at the June 7, 2006 Board meeting. He provided a handout to Board members which included advertisement information on State/County/Municipality owned dredging programs from Ellicott Dredges Company.

Comr. Remaley noted that Steve Miller, Regional Sales Manager, Baltimore Dredges, LLC will be at the Board's June 7, 2006 meeting to give a presentation to the Board and answer questions.

In response to Mayor Pro Tem Sadler, Comr. Remaley stated that the names of some of the municipalities that own dredges and their population is provided in the handout. Mayor Pro Tem Sadler suggested several municipalities may want to work together on a dredge project.

Town Manager Seth Lawless reported that responses from Coastal Science Engineering (CSE) to questions/inquiries made by the Board will be included in the June 7th Board agenda package.

Comr. Oakes asked that the information from CSE also be included on the Town’s web site.

It was Board consensus to appoint residents John Ratzenberger and Russell Lay to the Town Beach Nourishment Education Committee.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee - South Creek Acres street lights

Town Attorney Ike McRee stated that he would provide a response to Jerry McManus' inquiry about payment for the South Creek Acres street lights, brought forward by Mr. McManus during Audience Response, to Board members for their review and discussion at the June 7, 2006 Board meeting.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Seth Lawless - Consideration of Cingular lease renewal for South Nags Head Water Tank

MOTION: Comr. Remaley made a motion to authorize the Mayor to sign the Cingular/Town lease for the South Nags Head water tank as presented. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Cahoon was absent.).

The Cingular/Town lease for the South Nags Head water tank, as approved, is on file in the Town Clerk's office.

Town Manager Seth Lawless - Presentation/distribution of FY 06/07 Town Operating Budget

Town Manager Seth Lawless distributed his recommended budget/capital improvement plan for FY 06/07 and provided a powerpoint presentation highlighting his proposal. He explained that the proposed budget is a working document for staff; the document is also occasionally forwarded to banks, the Local Government Commission (LGC), grant agencies, etc. as necessary. Highlights include no proposed tax increase, cost of living increase of 3.4%. The total budget proposed is $14,968,548.

Mayor Pro Tem Sadler thanked Town Manager Lawless for his presentation. She noted that two (2) budget workshops have been scheduled: May 23rd at 1:00 p.m. in the Board Room and May 31st at 12:00 Noon in the Board Room for a CIP Workshop followed by a budget workshop.

Town Manager Seth Lawless - Status of NC DOT grass cutting and ditch maintenance

Public Works Director Dave Clark provided an update on NC DOT roadside mowing and the South Nags Head ditch clean-up. He reported that NC DOT is in the process of mowing the US 158 bypass with completion expected prior to the Memorial Day weekend. When completed the plan is to mow SR 1243 in South Nags Head.

Mr. Clark stated that NC DOT has indicated that they have no funds for general maintenance of the South Nags Head drainage ditch but has indicated that if a crisis should occur funds could be found to correct a serious condition. In addition, NC DOT plans on spraying the ditch for alligator weed abatement by June 30, 2006.

Comr. Oakes emphasized the importance of picking up trash prior to mowing. Mr. Clark agreed and stated that he has asked NC DOT to inform him prior to grass cutting so his staff can pick up trash beforehand.

Town Manager Seth Lawless - Status of Town beach accesses and Surfside Drive waterline

Public Works Director Dave Clark provided a status of the beach accesses and the Surfside Drive waterline installation.

Mr. Clark explained that the easement was granted for Town access to the High Dunes Subdivision on Surfside Drive and the waterlines have been installed and determined fit for use last week. A letter went out to the four (4) property owners on Surfside Drive early this week indicating the location of their new water meters.

Mr. Clark reported further that all of the beach accesses are open; he anticipates that the paving of the Albatross parking lot should be completed prior to Memorial Day.

Town Manager Seth Lawless reported that the Health Dept. posted a swimming advisory at the sound access at Jockey's Ridge; the site has been resampled and the results will be announced tomorrow, Thursday, May 18, 2006.

In response to Mayor Pro Tem Sadler, Mr. Clark stated that the new Harvey Soundside Access is now open to the public.

Mayor Pro Tem Sadler thanked Mr. Clark, Town Attorney Ike McRee and all staff members who worked on the waterline issue on Surfside Drive.

Town Manager Seth Lawless - New Deputy Town Manager hired

Town Manager Seth Lawless reported that Tracie Davis, Director of Planning and Recreation at Wrightsville Beach, has been hired as the Town's Deputy Town Manager; she will begin working for the Town on June 26, 2006.

Town Manager Seth Lawless - Commended Charlie Cameron

Town Manager Seth Lawless thanked Charlie Cameron for his help and he thanked all department heads who participated in the Deputy Town Manager interview process.

MAYOR’S AGENDA

Mayor Pro Tem Sadler - Receipt of final FEMA check

Mayor Pro Tem Sadler thanked everyone involved in obtaining the Hurricane Isabel funds from FEMA. She displayed the check from FEMA, received recently, for over 2 million dollars.

Mayor Pro Tem Sadler - CRC Nomination

The agenda summary sheet concerning CRC nomination read in part as follows:

“Attached please find correspondence from Governor Easley requesting nominations to serve on the Coastal Resources Commission for seven (7) positions that expire June 30, 2006. Each municipality may make one nomination from the available categories which are due to the State Boards and Commissions by May 31, 2006. Nomination form is also attached.”

NOMINATION: Comr. Gray nominated Mayor Cahoon for the local government position on the Coastal Resources Commission. Comr. Oakes seconded Comr. Gray's nomination.

MOTION: Comr. Oakes made a motion to close nominations for Coastal Resources Commission. The motion was seconded by Comr. Remaley which passed 4 - 0 (Mayor Cahoon was absent.).

Mayor Pro Tem Sadler - Beach Road Development Committee

Mayor Pro Tem Sadler reported on the Beach Road Development Committee; workshops have been scheduled for Wednesday, May 24, 2006 at 2:00 - 4:00 p.m. and at 6:00 - 8:00 p.m. in the Board Room. She encouraged everyone who has not yet made their wishes for the Beach Road known to attend one of the workshops.

She noted that the data collected will be analyzed by the NC State College Group; final presentation of the results will be provided to the Board in August 2006.

Mayor Pro Tem Sadler - Budget Workshops

Mayor Pro Tem Sadler reported on the upcoming budget workshops: Tuesday, May 23, 2006 at 1:00 p.m. and Wednesday, May 31, 2006 at 12:00 Noon for a CIP workshop followed by a budget workshop. Both workshops are to take place in the Board Room.

Mayor Pro Tem Sadler - Enjoyed sitting in Mayor's seat

Mayor Pro Tem Sadler stated that while she enjoyed sitting in Mayor Cahoon’s seat, she hopes that Mayor Cahoon does not leave her in charge again any time soon.

BOARD OF COMMISSIONERS AGENDA

Comr. Remaley - Lighting Violations

Comr. Remaley questioned the status of lighting violations.

Planning Director Tim Wilson stated that Code Compliance Officer Kim Allen has determined that the Grace Lutheran church lights are compliant; there are no violations with the St. Andrews lighting. There are, however, some issues with lighting at the Sunsations site.

Comr. Gray - Police enforcement at Cutty Sark

Comr. Gray reported on police enforcement at a house near his home in the Northridge Subdivision; approximately 8 - 9 kids were rowdy and law enforcement responded and took care of the problem.

Comr. Gray - Zoning changes to Town Code

The Town Code review team has met to review the Zoning Code. Comr. Gray reported that there are some recommended changes to be presented to the Board for review and discussion at the June 7, 2006 Board meeting.

Comr. Gray - Memorial Day Ceremony

The Memorial Day Ceremony is scheduled for Monday, May 29, 2006 at Town Hall. Comr. Gray stated that a memorial service honoring those who perished in the Latvian ship torpedoed off of Nags Head in 1942 will take place some time in September 2006. The Outer Banks Sentinel will sponsor the service with the Town.

Comr. Gray - Commended Charlie Cameron

Comr. Gray commended Charlie Cameron for the great job he did as Deputy Town Manager.

Comr. Gray - Commended Roberta Thuman

Comr. Gray thanked Administrative Assistant/PIO Roberta Thuman for the work she did to obtain the final Hurricane Isabel FEMA funds.

Comr. Gray - Nellie Myrtle Museum

Comr. Gray will be bringing forward at the June 7, 2006 Board meeting under his agenda a discussion of the Nellie Myrtle Museum. The museum is nonconforming and its doors are closed; he feels that the Town should try to help the museum as it has a lot of historic information of interest.

Comr. Gray - Thanked Public Works staff for cleaning up South Nags Head

Comr. Gray feels that South Nags Head looks better than it ever has; he commended Public Works staff on keeping it clean and picking up trash.

Comr. Gray - Memorial Day Ceremony

The Memorial Day Service to take place on Monday, May 29, 2006 at 11:00 a.m. at Town Hall will feature as guest speaker a retired Navy Captain.

Mayor Pro Tem Sadler - Commended Charlie Cameron

Mayor Pro Tem Sadler wanted to clear up any possible confusion and explained that Charlie Cameron will be enjoying his position as Public Safety Director as he steps down from Deputy Town Manager duties; he is not leaving Town employment.

Mayor Pro Tem Sadler - Resolution for Jim Norrell

Mayor Pro Tem Sadler requested formal Board adoption of the Resolution of Appreciation for Jim Norrell, presented earlier in the meeting.

MOTION: Comr. Oakes made a motion to adopt the Resolution of Appreciation for Jim Norrell as presented. The motion was seconded by Comr. Remaley which passed 4 - 0 (Mayor Cahoon was absent.).

The Resolution of Appreciation, as adopted, read in part as follows:

“RESOLUTION OF APPRECIATION

‘WHEREAS, James E. “Jim” Norrell Jr. has served the Town of Nags Head since 1986 as a volunteer Firefighter, Fire Lieutenant, Fire Captain and most recently as Deputy Fire Chief; AND

‘WHEREAS, his years of service to the citizens of the Town of Nags Head has been marked by exemplary dedication; AND

‘WHEREAS, the Town and its citizens have been fortunate to have had a person of his devotion and dedication in the positions he has filled for the Fire and Rescue Division; AND

‘WHEREAS, Jim’s valuable experience, his energy, and his devotion to getting the job done have been deeply appreciated by and contributed greatly to the community and will be genuinely missed.

‘NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Nags Head, does hereby express its deep gratitude and sincere appreciation to James E. “Jim” Norrell Jr. for his leadership, dedication, and distinguished service to the Town of Nags Head from 1986 to 2006 and extend to him its best wishes for a long, well-deserved, and happy retirement.”

ADJOURNMENT

MOTION: Comr. Remaley made a motion to adjourn which passed 4 - 0 (Mayor Cahoon was absent.). The time was 8:43 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________

M. Renée Cahoon

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