DRAFT TOWN OF NAGS HEAD



DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

September 7, 2005

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 9:00 a.m. on Wednesday, September 7, 2005.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem Brant Murray; Comr. Anna Sadler;

Comr. Wayne Gray; and Comr. Bob Oakes

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Seth Lawless; Former Town Manager Webb Fuller; Town Attorney Ike McRee; Charlie Cameron; Butch Osborne; Kevin Zorc; Dave Clark; Tim Wilson; Bruce Bortz; Andy Garman; John H. Hall, Jr.; Charles Whedee; Ben Crosby; Burton Jones; David Alexander; Kevin Schwartz; June Fisher; Reed Fisher; Kerstin Everhart; Wayne Everhart; Bo Taylor; Roc Sansotta; Jason James; Joe Duke; Jay Hengle; Tom Nash; Al Byrum; William Barnwell; Mike Kelly; David Weybright; Ralph Buxton; Bobby Outten; Renée Cahoon; Beth Tabor; Bill Owen; John J. King; Mark Ambler; James Stewart; Bob Sanders; Nellie Dilda; Karen Calvert; John Diamond; Matt Artz; and Town Clerk Carolyn Morris

MOMENT OF SILENT MEDITATION

Mayor Muller called the meeting to order at 9:00 a.m. Mayor Muller asked that those impacted by Hurricane Katrina be remembered during the moment of silent meditation. A moment of silent meditation was followed by the Pledge of Allegiance.

AUDIENCE RESPONSE - JOE DUKE

Joe Duke, Coastal Cab; fuel costs have increased by 110% since the Town adopted cab rates 3 ½ years ago; he is asking for a fuel surcharge of $2 per ride to be added which can be programmed into the meters and the entire amount will go to the driver; the surcharge can be adjusted in the future if needed.

Mayor Muller said that he would bring this issue up under his agenda later in today’s meeting.

AUDIENCE RESPONSE - JAY HENGLE

Jay Hengle, Beach Bayside, Manteo Cab, Currituck Taxi, and The Connection; he agrees with Mr. Duke; there is another taxi cab company, Outer Banks Taxi; he and Mr. Duke abide by the rules; it is difficult when the competition does not follow the same rules; the costs of everything will go higher after Hurricane Katrina.

Mayor Muller stated that anyone operating in violation of the Town's regulations should be reported to Public Safety - Police Division.

AUDIENCE RESPONSE - JUNE FISHER

June Fisher, Nags Head property owner in the R-1 Cottage Row District; she asked the Board to reconsider and repeal their August 3, 2005 action in establishing a Historic Commission; she does not believe that the process for creating a Commission is legal as described in GS 160A; a Commission is at a level of regulation that is not consistent with the nature of cottages in an oceanfront environment; establishment of a Commission should be based on the input and support of the citizens with advisement from the Planning Board/Department and the affected property owners; there was no opportunity for interested citizens to participate when the Board created the Commission; the cottages should be protected but there is a better way; she urged the Board to consider repealing their action that created the Commission; she would like to come up with a consensus on the best way to protect the homes in this district.

Mayor Muller said that he would be happy to look at the Historic Commission process to verify it is consistent with State Statutes.

AUDIENCE RESPONSE - RALPH BUXTON

Ralph Buxton, Nags Head business owner and resident; because of high gasoline prices it is timely to add bikeways, sidewalks, multi-use paths back to the Board's agenda for discussion; the Town has done a great job with the bikeway along the Beach Road; there are ways to enhance the Beach Road in a pro-active manner to include a bike path on the west side; he is also concerned about small business owners being adversely affected by the moratorium.

There being no one else present who wished to speak, Mayor Muller closed Audience Response at 9:25 a.m.

PRESENTATION OF CONTRIBUTION TO WRIGHT FLIGHT PROGRAM

On behalf of the Board, Mayor Muller presented the contribution check to Karen Calvert and John Diamond from the Wright Flight Program. Ms. Calvert thanked the Board for its overwhelming support of the program.

PRESENTATION FROM FIRE MARSHAL/SAFETY OFFICER KEVIN ZORC

TOWN SHARP RECERTIFICATION

Fire Marshal/Safety Officer Kevin Zorc was back at work after being on leave from being injured in a non work related incident several months ago.

On behalf of all employees, Mr. Zorc presented to the Board the SHARP Award (Safety and Health Achievement Recognition Program) which is for organizations meeting certain criteria in safety and health. This is the Town's second year to receive the Award.

Present were Safety Committee members Bonita Hurdle, Jackie Hart, Todd Krafft, John Ryan, and Jason Huff; Steve Kovacs and Tom Gilliam were unable to attend.

Chief Cameron reported that Nags Head is the only municipality that has received the SHARP Award which has been received by the Town two (2) years in a row.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

On behalf of the Board, Mayor Muller presented a Cross Pen to Planner Andy Garman for three (3) years of service with the Town.

On behalf of the Board, Mayor Muller presented a Certificate of Recognition to Police Sargeant Kevin Brinkley for 15 years of service with the Town.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Consideration of Budget Adjustment #2 to FY 05/06 Budget

- Consideration of Tax Adjustment Report

- Consideration of resolution to surplus Town property

- Request for Public Hearing to consider proposed zoning text amendment to Town Code Section 44-84 Reduction of Parking and Lot Coverage Requirements for structures having lost street access due to storm damage

- Request for Public Hearing to consider proposed zoning text amendments to Town Code Sections 48-7 and 48-864, proposed new use and definition for ‘Hotel Suites’ and listing Hotel Suites as a permitted use in to the Village SPD-C Hotel District

MOTION: Comr. Sadler made a motion to approve the Consent Agenda with the deletion of Transfer No. 5 of 18 in Budget Adjustment #2 (Capital outlay for land purchase) until next month. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

A copy of Budget Adjustment #2, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".

A copy of the Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "B".

The resolution to surplus Town property, as adopted, read in part as follows:

"WHEREAS, the Board of Commissioners of the Town of Nags Head, North Carolina desires to declare surplus and dispose of certain Town owned property.

'NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head that:

'(1) The following described Town owned property is hereby declared to be surplus to the needs of the Town of Nags Head:

| |Fixed | |

|Dept. |Asset Number |Description |

| | | |

|Administrative Services | |

|440 |108 |1995 Ford Crown Vic, VIN 2FALP71WXSX148929 |

|Public Safety | |

|792 |578 |2001 Kawasaki Sit Down Jet Ski, SN# KAW30830K900 |

'(2) The Town Manager or his designee is hereby authorized to dispose of the listed items by any legal means allowable to include: Donation to a non-profit organization, offering for sale at the next town public auction, Internet on-line offering, upset bid process, by destroying, etc.

'Adopted this 7th day of September 2005."

PUBLIC HEARINGS

Public Hearing to consider an ordinance to prohibit the acceptance of building permit applications for single family dwellings or duplex development located in the C-2 District on lots fronting NC 12, South Virginia Dare Trail

Planning Director Tim Wilson summarized the Planning Board and Planning and Development staff memo dated August 26, 2005 which read in part as follows:

"The Board of Commissioners on August 3, 2005 took an action instructing staff to not accept development applications for single-family dwelling and duplex uses proposed on properties located in the General Commercial C-2 District fronting on the west side of Highway 12. Also pursuant to the Board’s action, staff has prepared the attached ordinance prohibiting the acceptance of development applications as described above. The ordinance as drafted would remain in effect until February 1, 2006.

'Planning Board Recommendation

At their meeting on August 16, 2005 the Planning Board by 5-0 vote recommended denial of the proposed ordinance. The Planning Board further recommended that the Board of Commissioners engage a third party group to help the Town come up with a comprehensive review of the town’s zoning regulations with regards to the future of the entire Town, and not simply the beach road corridor in and of itself."

Notice of the public hearing was published in the Coastland Times on Thursday, August 25, 2005 and on Thursday, September 1, 2005 as required by law.

Mayor Muller announced the public hearing open at 9:50 a.m.

John Hall, Jr.; lives on South Virginia Dare Trail; his wife owns land that is affected by the proposed "gutting" of the C-2 District; he spoke against the proposal; he commended the Planning Board who voted unanimously to deny the proposed ordinance.

Burton Jones; property owner and former citizen of Nags Head; he spoke against the proposal; he requested the Board to deny any further consideration of the proposed ordinance; does not want to bring more traffic and chain stores to the Beach Road; does not want to deny citizens free and legal use of their property.

Nellie Dilda; her family owns property on the west side of NC 12 in the historic district; she spoke against the proposed ordinance; the proposal states to limit residential development replacing commercial development on the Beach Road; without warning or prior notice property owners were limited in the use of their own property.

RECOGNITION OF AUDIENCE MEMBERS

Mayor Muller recognized Planning Board Chair Bo Taylor and former Nags Head Mayor/Dare County Commissioner Renée Cahoon in the audience.

Bo Taylor, Planning Board chair; he spoke against the proposal; the proposed ordinance represents a change in direction; the moratorium is just for the Board to reflect on what direction to move towards but it does focus on one part of the Town; he does not feel that a moratorium is needed to consider planning for the entire Town.

Mike Kelly, Nags Head property owner; he spoke against the proposed ordinance; he owns seven (7) lots on the Beach Road; he would like to see affordable housing addressed by allowing apartments above businesses, etc.; he feels that the Town needs to look at entire Town as certain levels of services are needed.

William Barnwell, owns lot on the west side of the Beach Road; he spoke against the proposal; they have already started the process to build on their lots; there was no notice that the Board was going to take this type of action with such a major impact and were then informed by staff that nothing could be done because of the Board's action on August 3, 2005; requests that future changes include input from residents, citizens.

Tom Nash, attorney in Elizabeth City representing Acadia Homes, LLC with Jim Stewart as president; he spoke against the proposal; he sent a letter to the Board previously describing the irreperable damage that the Board's action has and will cause to his client.

David Weybright, representing a client who purchased vacant lots on the west side of the Beach Road; he spoke against the proposal; if applicant has already started process to build homes to include septic permits, etc. then to be told he cannot continue the process - this is not fair business.

Ron Alfred, property owner on west side of the Beach Road; he spoke against the proposal; he recently purchased lots but had been unable to move forward because of the Board's action on August 3rd.

Ben Crossley, property owner on Beach Road; he spoke against the proposal; he has same concerns as those who have already spoken; he feels the moratorium is ethically wrong and irresponsible.

Kerstin Everhart, property owner - owns Bushwackers Restaurant on the Beach Road; she spoke against the proposed ordinance; she has come to the Town a couple of times in the past and been turned down each time; they have been through a lot of changes in the area over the years; she is unclear as to what the Board was trying to do with the moratorium; she would like the Board to help with promoting the businesses in the Town; she urged the Board to look in different directions to help the Town.

Jim Edwards, owns TI's Bait and Tackle on the Beach Road; he spoke against the proposed ordinance; he is concerned that others do not want to purchase his property because they cannot build residential buildings; he feels the moratorium is very unfair.

There being no one else present who wished to speak, Mayor Muller announced the public hearing closed at 10:51 a.m.

Board comments

Mayor Muller: Mayor Muller thanked everyone who attended today's public hearing; the idea behind the moratorium was because of the problems with businesses being able to flourish and maintain their business; there is a need for the Town to center on the Beach Road as the focus of change is the Beach Road and it is the key area to be looking at - it was never the Board's intention to stop those who have already started the building process.

Mayor Pro Tem Murray: During his time on the Board, Mayor Pro Tem Murray has tried to look toward the long-term interests of the Town; he has no personal gain - he wants to try to move Nags Head forward in the vision of the people and he receives input every day from the public; he wants to minimize the future deterioriation of the Beach Road; he hopes to take the next five (5) months to come back with a plan for this area but anyone in the pipeline should be allowed to move forward; he would like to see a plan that would allow people to walk to restaurants, etc. on the Beach Road, a plan that may reduce nonconformities; he does not want to see chain stores on the Beach Road and part of that focus is to keep mom and pop businesses in business; he does not want to injure other persons' plans.

Comr. Gray: Comr. Gray stated that he cannot support another moratorium; he sees no emergency at this time for a moratorium and it adversely affects a lot of people; to support small businesses the Town should be more helpful with nonconformities; he cannot support the moratorium/proposal presented.

Comr. Sadler: Comr. Sadler explained the purpose of the Beach Road Development Committee; many are concerned about the commercialism on the Beach Road being overtaken by residential development; the charge of the Beach Road Committee is to address concerns about commercial businesses turning into residential houses; she specifically mentioned at the August 3rd BOC meeting that the September 7th BOC meeting would allow enough time for citizens to hear about the Board's action on August 3rd; at today's public hearing she heard monetary reasons from most people and did not hear any concerns about the character/future of the Beach Road; the Town has seen the loss of restaurants, 500 hotel/motel rooms, etc. and she would like to see businesses flourish on the Beach Road; she would like some time to find out what the solution is; she will not vote for the moratorium today as she feels it will take a lot longer to resolve the issue especially if an outside entity is used.

Comr. Oakes: Comr. Oakes said that he takes responsibility for the moratorium adopted at the August 3rd BOC meeting; the Town has followed a plan for single family houses for years and now is the time to step back and realize that all single family houses is not good for everyone; the public comment period today on this issue has been excellent; he would like to see the Board move in a more cooperative direction where the Board works with property owners to make ordinances work; he feels that a longer perspective needs to be looked at for the Beach Road and to look at what changes in development patterns are needed; he would like to enlist NC State's aid to help plan the future of the Beach Road; he would like to see some agreement that some commercially viable alternatives are needed on the Beach Road instead of just residential development; he is not in favor of a moratorium today; Comr. Oakes asked those in the community not to come out and speak only when they are unhappy but also to come out and provide comments on various issues.

MOTION: Comr. Oakes made a motion to deny the ordinance prohibiting the issuance of building permits as presented. The motion was seconded by Comr. Sadler which passed 3 - 2 with Mayor Muller and Mayor Pro Tem Murray casting the NO votes.

Outer Banks Transportation Task Force Committee presentation by

Committee Co-chair Kevin Schwartz - Time Specific 11:00 a.m.

It was Board consensus to postpone this agenda item, in agreement with Kevin Schwartz, until later in today's meeting.

Public Hearing to consider proposed Zoning Map Amendment Application requesting the reclassification of 2.27 acres of property located at 6317 South Croatan Highway from C-2 General Commercial District to Village at Nags Head SPD-C, Hotel District

Mayor Muller noted that someone, other than the applicant, has requested that this agenda item be tabled until a future Board meeting. Mayor Muller confirmed with applicant attorney Bobby Outten that the applicant would like to move forward with this agenda item; it was Board consensus to move forward.

Planning Director Tim Wilson summarized the Planning Board and Planning and Development staff memo dated August 26, 2005 which read in part as follows:

"Stanford and Susan White are requesting a zoning map amendment to reclassify an approximately 2.27 acre parcel from General Commercial C-2 District to SPD-C Village at Nags Head, Hotel District. The property requested for reclassification is located on the west side of US Highway 158 between W. Lakeside Street and W. Forrest Street (unimproved). This property is presently undeveloped. The reason for the zoning reclassification as stated in the application is for proposed hotel use and development.

'The property is presently bounded by property to the north zoned SPD-C District which is currently developed with golf course and detached single-family dwelling uses. Properties adjoining the west, south, and east are all zoned C-2 District. Properties adjoining to the west and in part to the south are currently developed with single-family dwelling uses. An automobile service station use also adjoins to south at the corner of US Highway 158 and W. Lakeside Street. A retail store adjoins to the east directly across US Highway 158. The property is also covered by the Hotel Overlay District. The present zoning reclassification request would not change the status of the property as being included in this overlay district.

'The Town Land and Water Use Plan classifies the property as being in a Transition T-2 zone. Transitions zones in general are vacant land for future intensive development. The T-2 classification is more specifically anticipated for lower intensity of development. When the SPD-C Village at Nags Head District was originally created in 1986 there were two properties designated hotel district with accompanying hotel standards and regulations. While hotel standards were developed, no hotels have been built in the Village. Of the two originally designated hotel district sites, the large oceanfront hotel district has since been redesignated and developed with detached single-family dwelling uses and is no longer available for hotel development. The remaining smaller hotel district, located between Highways 158 and 12 and originally containing 10.26 acres of property, has also seen the majority of property redesignated and developed with other commercial uses. An undeveloped 2.48 acre parcel in this district still remains designated hotel district and is available for possible hotel development. However, this same parcel also presently has a preliminary subdivision plat approval which includes the proposed redesignation of this parcel to detached single-family residential district.

'Staff Recommendation

Planning and Development staff recommends approval of the zoning map amendment as requested. This is based on staff’s findings that hotel use was and continues to be an intended use of the Village at Nags Head SPD-C District and that the reclassification of this property would provide an opportunity for such use, especially in light of the significant loss of Hotel District property which has occurred in the Village. While there is no guarantee that the reclassification of this property to the Village Hotel District will result in actual hotel development, this proposed reclassification will not permit any additional uses that are not presently already permitted under the current C-2 District classification and will in fact result in a much more limited number of potential commercial uses and will eliminate altogether the permitting of residential uses. Staff furthermore finds that the requested reclassification of the property would not be incompatible with adjoining zoning districts and uses and is in accordance with the policies and recommendations of the Town Land and Water Use Plan. And last, staff finds that the approval of the request would be consistent with the Board’s ongoing efforts to try to stimulate new hotel development within the town.

'Planning Board Recommendation

At their August 16, 2005 the Planning Board by 5-0 vote recommended approval of the zoning map amendment as presented."

Notice of the public hearing was published in the Coastland Times on Thursday, August 25, 2005 and on Thursday, September 1, 2005 as required by law.

Mayor Muller announced the public hearing open at 11:51 a.m.

Lynette Powerwaters, lives on Lakeside Street adjacent to proposed site for hotel; understands importance of more hotels in the area; she spoke against the amendment; does not understand why zoning is being rearranged by an influential person to ruin Village septic and residential appeal in order to build a hotel.

Mollie Harrison, lives on Lakeside Street; in the past the Board has denied proposals to tie into the Village septic system; she feels that if rules have to be bent and areas rezoned then the Town is giving one person an unfair advantage by rezoning one property for a hotel; she expressed concern about the lighting and other impacts of a hotel; she asked that the Board not give this property any special treatment.

Sarah Gardener, lives on Lakeside Street in Nags Head; she has similar comments about a hotel in her neighborhood as her fellow neighbors; she is concerned about the impacts of a hotel on a residential neighborhood; she feels that a hotel on the west side of the bypass is putting people in a bad situation to travel to get to the beach; she does not want any more traffic lights; she would like to have more hotels but not in an area that would have to be rezoned.

Al Byrum, lives in Village at Nags Head and is Vice President of the Village Property Owner's Association; he appreciates the Board's support of the Village in the past; the Whites' request is similar to the Rial Corporation request which was denied by the Board; they would reap the benefits of being in the Village with the rezoning; he urged the Board to table this matter until the next meeting so the Whites and the Village Property Owner's Association can work out additional details.

Mayor Muller requested a copy of the proposed agreement between the Village and the Whites; he is in favor of a hotel on that property; he expressed concern about the sewage system in the Village.

Bobby Outten, representing the applicant Stan White; many have spoken today about the need for fewer houses and more hotels; the applicant has had numerous conversations with the former Town Manager to come up with a hotel that would meet the Town regulations; they have met with planning staff/planning board; a west side hotel would be more economically feasible than on the Beach Road; the zoning map amendment is requested because of the septic system at the Village; being in the Village does not necessarily put the hotel under the Village covenants; Mr. White met with the Village Association to resolve all issues prior to moving forward; the Village is not opposed to a hotel but is concerned about the capacity of the existing waste treatment plant; they have been assured that the capacity of the plant is adequate and would have no negative impact on the Village; the applicant is trying to be a good neighbor and meet Town standards; Mr. Outten requested Board approval of the amendment.

Stan White, applicant; he has owned property for a number of years; there is a need for additional hotel rooms in the Town; he has talked with Town officials numerous times in the past to make sure regulations are met; he could build single-family homes with septic tanks but feels the hotel rooms are needed more; he was invited by the Village to meet to discuss using the Village septic system for the hotel; he did not want to do what Rial Corporation had done in the past but he did want to work with the Village and is in the process of reviewing the agreement with his attorney; he is concerned that the agreement is more stringent than he anticipated.

There being no one else present who wished to speak, Mayor Muller announced the public hearing closed at 12:31 p.m.

Comr. Sadler noted that the property is zoned commercial and she is wondering if a hotel may be less intrusive than other commercial uses.

Mr. Outten responded to Comr. Gray's question and stated that Carolina Water has assured Mr. White that they could handle the additional sewage from the hotel. Comr. Gray said he had no problems with the rezoning request.

Comr. Oakes said that while he would like to see hotel development in the Town, he has trouble supporting it without the concurrence of the Village Property Owner's Association. Comr. Oakes also expressed concern about an increased rate in the Village if the sewage capacity increases; he also expressed concern about the existing odor issues.

Mayor Pro Tem Murray said that he is torn even though he is in favor of more hotels in the area; the applicant wants to join the Village Hotel District, the Hotel would not have direct ocean access, and there are neighborhood issues. Mayor Pro Tem Murray said that he would prefer to table this amendment until more information is provided.

MOTION: Mayor Pro Tem Murray made a motion to table the zoning map amendment to the Village Hotel District until the first Board meeting in October 2005. The motion was seconded by Comr. Sadler.

Mr. Outten said that he was not sure what the delay would accomplish.

Lynette Powerwaters said that she would like information about the hotel prior to its being built so that a smaller hotel can be built and not a chain. Mayor Muller explained that there will be plenty of opportunity to review what is being built on the site.

Town Manager Seth Lawless summarized that the Board needs to decide if the lure of the hotel is worth expediting the sewage resolution.

WITHDRAWAL OF MOTION: Mayor Pro Tem Murray withdrew his motion.

MOTION: Mayor Muller made a motion to adopt the zoning map amendment as presented. The motion was seconded by Comr. Gray.

Comr. Oakes said that he would prefer to adopt the amendment two (2) weeks from now - at the mid-month meeting - after the issues with the Village have been resolved.

CONTINUATION OF MOTION: The motion passed 4 - 1 with Comr. Oakes casting the NO vote.

Public Hearing to consider proposed zoning text amendment of Sections 48-407(c)(7)(t) to delete language requiring hotels on the west side of US 158 to provide direct, private, sound front access and Section 48-167 to reduce the parking standard for ‘hotel conference and meetings rooms'

Planner Andy Garman summarized the Planning Board and Planning and Development staff memo dated July 26, 2005 which read in part as follows:

"Stanford M. and Susan B. White have submitted the attached application to amend zoning ordinance provisions for hotels. Two items are being requested:

- That the parking standard for ‘hotel conference and meeting rooms’ located in Section 48-167 be changed from “one space per every 83 square feet” to “one space per every 100 square feet.”

- That the language in Section 48-407(c)(7)(t) be removed which requires hotels west of U.S. 158 to provide direct, private soundfront access.

'Staff provides the following evaluation of this proposal:

The current parking requirement for a hotel/conference facility would be calculated as follows:

– 1.2 parking spaces per unit

– 1 parking space for each four employees

– 1 parking space per every 83 square feet of customer service area in meeting or conference rooms

'Staff researched the development of the current parking standard for meeting rooms and could not find documentation on how this standard was generated. Staff also researched hotel/meeting facility parking standards for other North Carolina municipalities.

'Typically parking is tabulated based on the number of rooms to be rented, the number of employees in the hotel, and by either the square footage of the meeting facility or by the number of seats. Since the Nags Head calculation is based on the square footage of the meeting facility rather than the number of seats, ordinances were reviewed which calculated parking in a similar manner. For comparison purposes, Staff has included hotel/meeting room parking standards from three North Carolina municipalities.

'1) Hotels and motels containing:  

a) 5,000 sq. ft. or less ancillary space (i.e. restaurant, meeting rooms, lounge, and lobby) or a restaurant and/or lounge containing 3,000 sq. ft. or less; 1.1 per rental unit  

b) More than 5,000 sq. ft. of ancillary space (i.e. restaurant, meeting rooms, lounge and lobby) or a restaurant and/or lounge containing more than 3,000 sq. ft; 1.25/rental unit  

2) Hotel/motel with retail, office, meetings

1.2 parking spaces for each unit, plus 1 parking space for each employee, plus 1 parking space per 200 square (secondary uses) feet

3) Motels and tourist homes:

'One space for each room or space to be rented, plus one additional space for each three employees. In addition, where a meeting room is to be a part of a motel complex, there shall be one space for each 100 square feet of floor area of such room not used exclusively for storage.

'The third example listed above is almost identical to the requested amendment. The two other examples would provide fewer parking spaces than the requested amendment if applied to the same scenario. Staff would concede that the proposed amendment would allow our parking standards for hotel conference and meeting rooms to remain consistent with standard zoning practice and would represent only a slight variation from the current ordinance. For example, for a hotel that contains a 5,000 square foot meeting room, the current ordinance would require 60 spaces and the proposed amendment would require 50 spaces (for the meeting room only).

'Regarding the requirement that hotels provide private, soundfront access;

Last year the Board of Commissioners modified a provision which required a non-oceanfront hotel to provide a private, ocean access with parking for its guests. The Board changed this to require hotels to be within a certain distance of an ocean access (public or private) or have direct, private soundfront access. As Staff understands the purpose of these requirements; they were designed to mitigate the demand for oceanfront (or water access) parking that would be generated by a large hotel. Additionally, it is Staff’s opinion that the Board developed this language as a mechanism to control the overall hotel development potential Town-wide.

'The proposed amendment, in Staff’s opinion, would have minimal impact on hotel development potential, primarily because there are few eligible sites west of U.S. 158 in the C-2 District (from the Village to the Causeway) that do not already have soundfront access. Many of these sites are developed or would most likely require the recombination of property to accommodate a hotel. Attached is a map of these parcels as well as the applicant’s proposed language.

'Planning Board Recommendation

At their July 19th meeting, the Planning Board voted unanimously to recommend approval of the attached ordinance amendment."

Notice of the public hearing was published in the Coastland Times on Thursday, August 25, 2005 and on Thursday, September 1, 2005 as required by law.

Mayor Muller announced the public hearing open at 1:46 p.m.

There being no one present who wished to speak Mayor Muller announced the public hearing closed at 1:46 P.M.

The applicant withdrew the language proposed for Section 48-407(c)(7)(t) which requires hotels west of US 158 to provide direct, private soundfront access.

MOTION: Mayor Pro Tem Murray made a motion to adopt the proposed amendment concerning parking standards for hotels west of US 158 as presented. The motion was seconded by Comr. Sadler which passed unanimously.

A copy of the ordinance concerning parking standards for hotels west of US 158, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”.

APPROVAL OF MINUTES

MOTION: Comr. Oakes made a motion to approve the August 3, 2005 Board minutes with the modification to page 14 concerning the Water Consumption Units discussion by changing “Village Realty” to “Greenbow Traders”. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Consideration of final subdivision plat and acceptance of dedication of improvements for the Colleen Oaksmith Subdivision

Planning Director Tim Wilson summarized the Planning Board and Planning and Development staff memo dated August 17, 2005 which read in part as follows:

"Attached is a letter from Colleen Oaksmith offering the Town dedication of the street and utility improvements associated with the Colleen Oaksmith subdivision. This 3-lot, single-family, detached, residential subdivision has been created from a parcel of land located west of US 158 off of the Soundside Road terminus. The subdivision is zoned R-2 Medium Density Residential/Soundside Road Overlay. All lots in the subdivision meet the minimum dimensional requirements for this zoning district.

'Section 38-121 of the Town Code of Ordinances states that certain required improvements be accepted by the Town prior to the sale (recordation) of proposed lots. In this case, a 40-foot stone cul-de-sac road, two (2) water service boxes, a waterline extension, and one (1) fire hydrant must be offered to the Town for dedication prior to plat recordation. Also, under the provisions of Section 38-154 of the Town Code of Ordinances, the Public Works Director’s approval of street construction, installation of the new water services, and ground stabilization associated with the attached subdivision plat, is required.

'Attached is an email from Town Public Works Director Dave Clark approving the street construction and the installation of the water services. The applicant has left with the Town a cash bond to be retained until minor, stabilization work is performed. On August 17, 2005 the Planning Board members voted (4 to 0 - Dave Oaksmith abstained) to approve the final plat of subdivision as shown on the final plat.

'Staff recommendation:

Staff recommends that the Town accept the applicant’s written offer of dedication for the Colleen Oaksmith subdivision improvements. Staff has prepared the attached resolution for the acceptance of the offer of dedication for the Board of Commissioners’ consideration."

MOTION: Mayor Pro Tem Murray made a motion to approve the Colleen Oaksmith Subdivision as presented. The motion was seconded by Comr. Sadler which passed unanimously.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Update on beach nourishment projects

Mayor Muller pointed out the Coastal Science Engineering final report which is attached to and made a part of these minutes as shown in Addendum "D".

Public Works Director Dave Clark stated that on page 11, based on CSE's comparison of Oregon Inlet sand to the S3 offshore area, the Oregon Inlet sand would have more staying power for the 933 project.

Mayor Muller reviewed his memo dated September 2, 2005 concerning beach nourishment cost information which read in part as follows:

"Last December the Town was presented with a model of a locally funded beach restoration project prepared by Coastal Science and Engineering (CS&E) of Morehead City. The report outlined a project that would place sand on Nags Head’s eroding beaches approximating the amount of sand CS&E calculated is lost every 10 years. The purpose of this memo is to assess the cost of such a project, give the Board of Commissioners an idea of how the costs might be borne, and approximate what type of contribution will be required from the Town’s property owners.

'I started with a series of assumptions about the projects cost. These assumptions are:

1. Total cost $ 23,500,000

2. Financing term 5 years

3. Interest rate 4%

4. A contribution from Dare County of 35% of the project cost or $1,776,498 per year for 5 years

5. A contribution from Nags Head revenue sources of the remaining 65% or $3,299,211 per year for 5 years

6. A contribution from all Nags Head taxpayers of one half (50%) of the Town’s share or $1,649,605 per year for 5 years

7. A contribution from the most directly affected property owners of one half (50%) of the Town’s share or $1,649,605 per year for 5 years

8. The most directly affected property owners include 3 groups

a. Ocean front property owners in the project area (Zone 1a)

b. Non Ocean front property owners east of Hwy 12 and Hwy 1243 (Zone 1b)

c. Property owners west of Hwy 12 and east of Hwy 158 and property owners west of Hwy 1243 (Zone 2)

9. The share of the costs paid by the directly affected property owners are split:,

a. Zone 1a paying 75% or $1,237,204 per year

b. Zone 1b paying 10% or $164,961 per year

c. Zone 2 paying 15% or $247,441 per year

'Table 1 shows the results of this analysis. Using the assumption listed above it would require an ad valorem tax increase of $0.056 to fund the town wide portion of the annual costs and an average contribution per lot of $1,608.85 in Zone 1, $385.42 in Zone 2 and $176.74 in Zone 3.

'There are several methods to assess the costs paid by the directly affected property owners. These include: by property value and property size, per property regardless of size or value, linear feet of beach or road footage. I chose simply to show the average cost per parcel and not address what method should be used to assess individual property owners.

'This model assumes that the Town would borrow the money, most likely from the federal government, and then repay the loan over a period of years. This is the model used by Emerald Isle for a similar project. The assumption of this amount of debt would generally require a referendum. The finance working group of the ad hoc Dare County Beach Nourishment Committee asserted that Dare County had the legal authority to establish the cost assessment zones described above. If Nags Head does not have that authority we must have it granted to us by the legislature. This issue is beyond the scope of this memo and will require additional research.

'This memo is not a proposal. It is a model of what the annual cost of the CS&E draft plan would be and how those costs might be borne. There are a variety of distribution formulas that could be constructed, each with a different equity concept and each resulting in a different distribution of costs. I do not assert that the model presented here is the best model for Nags Head. It is based primarily on the work of the finance working group of the Dare County ad hoc Beach Nourishment Committee. Rather than assume a set of values I chose their model. If the Board of Commissioners decides to pursue a locally funded project we will review a variety of distribution models before making a decision.

'CS&E described the following milestones if the Town were to pursue a locally funded beach restoration project.

• Town review and adoption of the plan

• Initiate engineering and permitting

• Establish a funding plan

• Hold a funding referendum

• Continue engineering, permitting, and environmental coordination

– Updated beach condition surveys

– Additional borrow area investigations

– Additional environmental studies

– Finalize design

• Obtain construction easements

• Obtain permits

– Prepare plans, specifications and construction documents

– Receive bids from contractors

– Revise final plans to match bids and funds available

• Construct project

• Post project monitoring and maintenance

''This memo builds on the work CS&E has done for the town. We know what a 10 year shoreline restoration plan would require in terms of sand. We know we have the sand. This memo outlines how it could be paid for. The next step is for the Board of Commissioners to determine if we want to proceed with a project similar to the draft plan."

Mayor Muller suggested that no action take place today but that the Board think about it more and discuss it at the next Board meeting.

RECESS FOR LUNCH

Mayor Muller recessed the meeting for lunch at 2:33 p.m.

RECONVENE FROM LUNCH

The Board reconvened from lunch at 3:05 p.m.

Beach Nourishment discussion (Continued)

It was Board consensus to request a proposal from CSE to outline the next set of steps for design and construction of a draft 10-year plan; and, in addition, at the October 2005 Board meeting to create a beach nourishment committee to work on this issue as a full-time project, to work on the financing and education components, and to include a staff group as well as a property owners group.

OUTER BANKS TRANSPORTATION TASK FORCE COMMITTEE PRESENTATION BY COMMITTEE CO-CHAIR KEVIN SCHWARTZ

It was determined that the presentation from the Outer Banks Transportation Task Force Committee by Kevin Schwartz will take place at a future Board meeting.

REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR

Request for authorization to apply for State Revolving Fund (SRF) grant for replacement of sand bottom septic tanks project

Deputy Planning Director Bruce Bortz summarized the Planning and Development staff memo dated September 2, 2005 which read in part as follows:

"Staff has been in contact with Jeff Hughes, UNC Environmental Finance Center about the availability of loans and grants funds for the replacement of sand bottom septic tanks. Mr. Hughes informed us last week that based upon previous conversations with Town staff with representatives from the North Carolina Water State Revolving Fund (SRF), Nags Head has been placed (unknown to staff) on the loan “priority list” for 2 million dollars for a program to replace sand bottom tanks. Both Jeff Hughes and Mr. Bobby Blowe, administrator for the Clean Water State Revolving Fund were extremely pleased that the BOC put $100,000 aside for this project. In discussing the available programs, Mr. Hughes suggested that the Town may want to focus on two primary funding sources for the replacement of sand bottom septic tanks. One source would be the Clean Water State Revolving Fund (SRF) and the other is the Clean Water Management Trust Fund (CWMTF).

'The SRF is a State administered loan program which may be suitable for our needs- perhaps in combination with CWMTF. Mr. Hughes has offered to assist the Town in developing the financial program and working with the program administrators from both funding sources. North Carolina has not had a program such as we are proposing, however, Mr. Hughes feels that the time may be right given the fact that Nags Head is so far ahead of everyone else, especially with the On-site Wastewater Management Plan to get funding. As with many of our initiatives we “work outside” of the box and any funding program will need to be “tweaked” to fit into any funding/grant program. Staff’s initial thoughts would be a joint grant and loan program, but we could perhaps go with all loan or perhaps all grant program.

'Staff is requesting BOC authorization to apply to the SRF program designed to replace sand bottom tanks and the Clean Water Management Trust Fund program. Application to the SRF program does not finically obligate the Town."

MOTION: Comr. Oakes made a motion to authorize staff to apply to the State Revolving Fund program as requested. The motion was seconded by Mayor Pro Tem Murray.

Mayor Muller expressed his appreciation of support from the Board.

CONTINUATION OF MOTION: The motion passed unanimously.

Request for authorization to apply for a Dare County Tourism Board Short Term Restricted Fund Grant

Deputy Planning Director Bruce Bortz summarized the agenda summary sheet which read in part as follows:

"The Dare County Tourism Board (DCTB) is now accepting applications for the Restricted Fund Grant program for the FY 2005-2006. Earlier this year the Town submitted pre-applications to the Division of Coastal Management for three ocean access sites. The Division of Coastal Management has reviewed our pre-applications and requested the Town submit final applications for a new crossover and parking at Baltic Street, and replacement and improvements to Albatross and Barnes Street accesses. Staff is requesting authorization to apply for a Restricted Fund Grant not to exceed $60,000.00 for the Baltic Street access, $8,650.00 for improvements to Barnes Street access, and $16,000.00 for improvements to Albatross Street access. These funds, if awarded, would be used as our cash match for the DCM grants and if the grants (DCM and DCTB) are approved, the access would be constructed at little cost to the Town. If approved, these grant funds would become available after July 1, 2006."

MOTION: Mayor Pro Tem Murray made a motion to authorize staff to apply for a Dare County Tourism Board short term restricted fund grant for the following three (3) projects:

Baltic Street access, Barnes Street access, and the Albatross Street access

The motion was seconded by Comr. Oakes which passed unanimously.

In response to Comr. Sadler, Town Manager Seth Lawless state that he has responded to the Tourism Board thanking them for their assistance with the Town's Curlew Street project.

Recommendation for a land use planning consultant and members in Lead Planning Group for Land and Water Use Plan

Planner Andy Garman summarized the Planning and Development staff memo dated August 31, 2005 which read in part as follows:

"Over the past two months, Staff has received and considered proposals from consulting firms to assist with the Land and Water Use Plan update. Although there was not an overwhelming response to our RFP, we did receive proposals from three qualified firms:

'The Wooten Company, Greenville, NC

Stone Environmental, Montpelier, VT

Parsons Brinckerhoff, Norfolk, VA

'For this first phase of the Land Use Planning project, Staff has requested that the consultant be primarily responsible for the preparation and analysis of a community survey, for preparation of a ‘Citizen Participation Plan’ and facilitation of community meetings, and for the review of our existing policies and plans. Each proposal is available for Board review in the Town Clerk’s office or in the Planning and Development Department. Although each of the three firms has demonstrated experience with the requirements of the RFP, Staff is recommending that the Town contract with the Norfolk, Virginia office of Parsons Brinckerhoff to assist with this project for the following reasons:

– Locally available Staff; fewer travel related expenses, more opportunities for short-notice events

– Depth of public involvement experience

– A breadth of company resources that could be useful either during phase I or phase II including, GIS, web hosting, visual simulation, land planning and design

– Staff has had a previous working relationship with Parsons Brinckerhoff and is familiar with their capabilities (Planner Andy Garman is a former employee)

– Skilled project manager who will be responsible for a majority of the work (65%)

'At the request of the Mayor, Staff has collected work examples from Parsons Brinckerhoff and from Stone Environmental; these are also available for the Board’s review in the Town Clerk’s office. Staff would request that the Board grant authorization to allow Staff to begin negotiating a contract with Parsons Brinckerhoff for these services. Staff would also like the Board to authorize the Mayor to execute this contract at the appropriate time. Based on preliminary cost estimates, Staff anticipates the final contract amount will be between $30,000 and $38,000. A total of $40,000 is available in the budget to complete this project of which a portion has been set aside as available for in-kind services to be provided by Town Staff.

'Attached is list of organizations/individuals that have been identified by Staff as potential members of the Lead Planning Group. Staff has included this for Board review and would like suggestions of modifications or additions to the list. Once the Lead Planning Group is established, Staff would like to conduct the first meeting with the group within the next month."

Mayor Pro Tem Murray noted that Planning Board Chair Bo Taylor mentioned earlier in today’s meeting about a long-term plan for Nags Head; Mayor Pro Tem Murray questioned if there were any way to combine the two (2) plans into one committee.

Mayor Muller stated that he would like to briefly review the proposals prior to making a final decision.

MOTION: Comr. Sadler made a motion to authorize staff to enter into a contract with Parsons Brinckerhoff for the Land and Water Use Plan update unless they hear otherwise from Mayor Muller. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Mayor Muller added the following to the list of potential members of the Lead Planning Group: NC DOT, the Coastal Federation, and the Senior Olympics.

Consideration of request from Mike Kelly to remove 19" diameter tree within 20' of his house

Deputy Planning Director Bruce Bortz summarized the Planning and Development staff memo dated August 25, 2005 which read in part as follows:

"At the January 23, 2005 Board of Commissioners meeting, Mike Kelly received authorization from the Board to remove six trees greater than 16 inches in caliper from the above referenced lot in order to construct a detached garage. Mr. Kelly is now seeking authorization to remove a Hickory tree greater than sixteen inches in diameter which is located within twenty feet of the dwelling currently under construction. Although originally proposed to remain, keeping the tree appears to be impracticable due to of the tree’s questionable health and its proximity to the dwelling. In accordance with SED zoning district regulations, staff may not approve a single family site plan which proposes the removal of any tree 16 inches or larger in caliper.

'The lot in question is approximately 3.57 acres in area and has approximately 120 feet of sound frontage. Due to the location of the lot adjacent to the Roanoke Sound and its unique natural features, which include rolling topography and a diverse variety of large trees, the property is saddled with numerous regulatory requirements. These regulations include CAMA requirements, Army Corps of Engineers wetland regulations, local zoning regulations, FEMA regulations concerning flood prevention, erosion and sedimentation control regulations, and Dare County Health department requirements pertaining to the location and operation of the septic system. The size of the subject lot not withstanding, the regulatory burdens on the property and its natural attributes will severely limit Mr. Kelly’s options for locating a dwelling and detached garage.

'The attached site plan indicates where the applicant is proposing to remove the tree. Section 48-442 (g)(3)a4i.of the zoning ordinance however, prohibits the removal of trees larger than 16 inches in caliper unless the Board of Commissioners find:

“No reasonable alternative building site and/or supporting facilities can be located on the lot” OR

“The removal is necessary to construct the proposed improvements as a result of: need for access around the proposed structure for construction equipment; need for access to the building site for construction equipment; essential grade changes; surface water drainage; and utility installations.

'Staff recommendation:

Based on an on-site inspection, it is staff’s opinion that the above conditions are applicable to the applicant’s proposal. Staff recommends that the authorization to remove the tree in question be granted.

Attached is a site plan which indicates the tree to be removed."

MOTION: Comr. Oakes made a motion to authorize the removal of the tree on Mike Kelly's property as requested. The motion was seconded by Comr. Sadler which passed unanimously.

NEW BUSINESS

Consideration of ordinance request from Village at Nags Head Property Owners Association for amendment to Section 44-252 concerning notification about changes to waste water treatment system

The agenda summary sheet read in part as follows:

"Attached please find a request from the Village at Nags Head Property Owners Association to amend Section 44-252 of the Town Code concerning notification to property owners about changes to the waste water treatment system.

'Also attached please find a proposed ordinance addressing the Association's request. A public hearing is not necessary prior to adoption of the proposed ordinance."

MOTION: Mayor Pro Tem Murray made a motion to adopt the ordinance concerning notification about changes to waste water treatment systems modifying the number of days for notification from 30 to 15. The motion was seconded by Comr. Sadler which passed unanimously.

A copy of the ordinance concerning notification about changes to waste water treatment systems, as adopted, is attached to and made a part of these minutes as shown in Addendum "E".

Consideration of Change Order No. 2 to 500,000 Gallon Elevated Storage Tank Project

Public Works Director Dave Clark summarized his memo dated September 2, 2005 which read in part as follows:

"The contract with Caldwell Tanks for the construction of the (North) 500,000 Gallon Elevated Water Storage Tank calls for “Substantial Completion” on September 26, 2005, and a “Ready for final payment date” of October 26, 2005. The tank is well under construction and good progress is being made weekly. However, at the beginning of the project, the contractor allowed two to four weeks of the total contract time to submit, and receive approval for, the tank plans, including the design of the below ground piling system needed to support the tank and its contents. The plan, as designed and bid, called for 76 piles to a depth of 45 feet. Based on an evaluation of the test piles, Caldwell “countered” with a proposal for 86 piles to a depth of 40 feet. After significant discussion between the engineer (designer), the soil consultant and the contractor, the plan ultimately called for 86 piles to a depth of 45 feet.

'The additional analysis of data, discussion and negotiations took 14 weeks. This resulted in a ten to twelve week delay in the start of construction. The contractor proposed a twelve week extension, but agreed that the tank could be completed without risk if an additional six weeks were granted. The attached Change Order (No. 2) formalizes this time extension. There is no change to the current contract price as a result of this change order, and no further change orders are envisioned. Change Order No. 2 is recommended for approval."

In response to a question from Comr. Sadler, Mr. Clark pointed out that not all antennas will be moved to the Public Works tank site; the cellular tower will be constructed at the municipal complex water tank site to cover all areas of the Town for cellular use.

MOTION: Mayor Pro Tem Murray made a motion to approve Change Order No. 2 to the 500,000 Gallon elevated water tank project as presented. The motion was seconded by Comr. Oakes which passed unanimously.

Consideration of Town Board/Committee appointments

The Board considered appointments to the Citizens Advisory Committee. They noted that the Committee would elect its own Chairperson among themselves.

MOTION: Comr. Sadler made a motion to appoint John Ratzenberger and John White as members of the Citizens Advisory Committee for new 3-year year terms. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Consideration of Town representation at October 18, 2005 NCLM Annual Business Meeting

Mayor Muller requested that the Board appoint the voting member and alternate voting member for the October 18th NCLM Annual Business meeting at the Hickory Metro Convention Center.

MOTION: Mayor Pro Tem Murray made a motion to close nominations. The motion was seconded by Comr. Oakes which passed unanimously. Voting representatives were approved by acclimation which were Mayor Muller as primary voting member and Comr. Sadler as alternate voting member.

Discussion of issuance of permits for temporary beach driving - Comr. Oakes

The agenda summary sheet read in part as follows:

"Comr. Oakes asked that the Town administrative policy for the issuance of permits for temporary beach driving be discussed at the September 7, 2005 Board of Commissioners meeting. The policy is attached for discussion."

Town Attorney Ike McRee agreed with Mr. Wilson that Town policy should not modify/contradict a Town ordinance.

It was Board consensus to modify the Town Code to include the provision for temporary beach driving.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee - Request for Closed Session

Town Attorney Ike McRee requested a Closed Session to discuss a lawsuit entitled "Nelson Whetstine vs Town of Nags Head" and property acquisition.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Seth Lawless - Presentation of FY 04/05 Annual Report

Town Manager Lawless presented the FY 04/05 Town Annual Report via a powerpoint presentation which was favorably received.

Mayor Muller asked that Tax Collector Debbie Saunders be present so she can be congratulated on the 99.96% tax collection rate.

When Ms. Saunders arrived after the presentation, the Board thanked her for her efforts at achieving such the 99.96% tax collection rate.

Town Manager Seth Lawless - Request from Albemarle Commission for adoption of resolution in support of water study

MOTION: Comr. Sadler made a motion to adopt the resolution in support of a water study for Albemarle Commission as presented. The motion was seconded by Mayor Muller which passed unanimously.

The resolution for the Albemarle Commission, as adopted, read in part as follows:

"WHEREAS The Albemarle Commission is the regional planning arm of the ten-county planning area comprised of Camden, Chowan, Currituck, Dare, Gates, Hyde, Pasquotank, Perquimans, Tyrrell and Washington Counties; AND

'WHEREAS the named counties and the towns located therein have a mutual dependency and symbiosis in that the actions of one or a few counties which affect positively or negatively the rivers and sounds of the Albemarle area thereby have a profound effect on the quality of life, economic development and tourism in other counties abutting the waters of the Albemarle area; AND

'WHEREAS a consistent and vast supply of potable water is a pre-condition to the continued good health of the citizens of and visitors to the Albemarle Region, and is a requirement for both short and long-range economic prosperity in every town and county in the Albemarle Region; AND

'WHEREAS the health of our rivers and sounds is directly affected by the run-off and substances placed both in upstream waters and discharged in downstream estuaries and sound waters; AND

'WHEREAS the Albemarle area counties have positioned themselves by the installation of new water purification systems and innovations in sewage disposal to be subject to substantial growth both in industries and new, permanent arrivals of people and vacationing visitors; AND

'WHEREAS the collective effects and interactions, if any of the drawdowns, discharges, run-offs, and outfalls on the overall water supplies and broad environment of northeast North Carolina must be learned in order to assure a prosperous future for the entire Albemarle area;

'NOW, THEREFORE BE IT RESOLVED, that the elected Boards of the towns endorsing this resolution express their support for a broad area review and engineering study to be arranged by The Albemarle Commission concerning sources of adequate water supplies environmental impacts concerning the drawdown of each source economic impacts of water shortages, environmental impacts of treated discharge on estuarine systems, storage of emergency water supplies and such other matters as will assist the elected Boards of the several counties in planning local and regional methods of dealing with these matters."

Town Manager Seth Lawless - Update on Harvey Soundside Access Project

Town Manager Seth Lawless stated that the Town received two (2) grants and budgeted $166K for the Harvey Soundside Access Project. In the past year, $4,600 has been spent; effectively $161,390 remains; the best estimate for the project is $237,400; they are now facing a $75K shortfall. Demolition of the building is scheduled to begin Monday, September 12, 2005.

Comr. Sadler said that she is not happy with the project being so far over budget; Mr. Clark explained some of the significant increases in concrete, oil, etc. which have increased the costs. Staff will be presenting alternative costs for the project to the Board at next month’s Board meeting.

Town Manager Seth Lawless - Vehicles to donate to Hurricane Katrina Relief efforts

Town Manager Seth Lawless explained that the Police Division has identified two (2) vehicles, which are currently parked on the bypass and the Beach Road in an effort to slow down traffic, which are scheduled to be surplussed. He requested Board approval to donate the vehicles - a 1999 and a 2000 Ford Crown Victoria - to be donated to the Hurricane Katrina relief effort.

It was Board consensus to authorize staff to investigate an appropriate recipient for the two (2) vehicles.

Town Manager Seth Lawless - Request for Closed Session

Town Manager Seth Lawless requested a Closed Session to discuss personnel.

MAYOR’S AGENDA

Mayor Muller - Coastal Resources Advisory Council (CRAC) Appointments

Mayor Muller suggested the following nominations for seats on the Coastal Resources Advisory Council (CRAC): Webb Fuller; Harry Simmons, Mayor Caswell Beach NC; and Spencer Rogers, NC Sea Grant. Reappointments would be for four-year terms.

MOTION: Comr. Gray made a motion to nominate Webb Fuller, Harry Simmons, and Spencer Rogers to the CRAC. The motion was seconded by Mayor Pro Tem Murray.

Comr. Oakes confirmed that nominations are to be received by the CRAC by Friday, September 9, 2005.

Comr. Sadler said that she knows of no better recommendations than the three (3) candidates mentioned.

CONTINUATION OF MOTION: The motion passed unanimously.

Mayor Muller - Request for Closed Session

Mayor Muller requested a Closed Session to discuss land acquisition and litigation.

Mayor Muller - 15th annual blood drive

The 15th annual Red Cross Blood Drive is scheduled to be held Wednesday, September 14, 2005 at St. Andrews By The Sea Church from 12 noon to 6:00 p.m.

Mayor Muller - Ordinance amendment for taxi cab surcharge

Mayor Muller discussed with Board members an ordinance amendment to Section 46-41 for a taxi cab surcharge. He explained that the ordinance allows for the Director of Public Safety to authorize a gasoline surcharge of $2 per trip for a period of time not to exceed 6 months upon finding that fuel prices have risen more than 30% in the prior 6 months. It was understood that the surcharge would be removed as necessary.

MOTION: Comr. Oakes made a motion to adopt the amendment to Town Code Section 46-41 concerning taxi-cab rates. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

A copy of the ordinance concerning taxi cab rates, as adopted, is attached to and made a part of these minutes as shown in Addendum "F".

Mayor Muller - Surfside Drive accessway

Photographs were displayed on screen that shows the accessways that have been working to serve houses that were previously inaccessible on Surfside Drive in South Nags Head.

Mayor Muller - Hurricane Katrina Relief efforts

Mayor Muller asked the Board to approve a donation of $10,000 in support of Hurricane Katrina Relief and not specify any agency; Mayor Muller said that he would report back to the Board on where best to forward this donation.

Chief Cameron also noted that the Town has resources, equipment, etc. to send to the Gulf if necessary; he said that he would contact the Director of Emergency Management.

MOTION: Comr. Sadler made a motion to contribute $10,000 to come from Fund Balance to the Hurricane Katrina relief efforts. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

BOARD OF COMMISSIONERS AGENDA

Comr. Gray - Northridge Subdivision

Comr. Gray said that he would let Comr. Sadler discuss the Northridge Subdivision issues under her agenda.

Comr. Gray - Volunteer Fire Department

Comr. Gray said that he has met twice with the Volunteer Fire Department; he plans on being ready for the October 2005 mid-month Board meeting for presentation of a revised incentive plan.

Comr. Gray - Veterans Day

Comr. Gray said that he and Public Works Director Charlie Cameron are working on a Veterans Day Ceremony.

Mayor Pro Tem Murray - Historic Commission

Mayor Pro Tem Murray said that next Friday, September 23, 2005 is being looked at for the first meeting of the Town Historic Commission. Town Attorney Ike McRee is to report at the next Board meeting the compliance of the Commission with State Statutes.

Comr. Sadler - Thank you to Board for Wright Flight Program contribution

Comr. Sadler thanked Board members for the Town's contribution to the Wright Flight Program.

Comr. Sadler - Thank you to Town staff

Comr. Sadler thanked Public Works - Sanitation staff - for their diligence in picking up trash in the Town.

Comr. Sadler - Thank you to Tim Wilson

Comr. Sadler thanked Planning Director Tim Wilson for his personal attention to the property owner on Lost Colony Drive who inquired about lot fill issues.

Comr. Sadler - Bike racks at beach accesses

Comr. Sadler asked staff to monitor the use of the bike racks at Town Hall as gas continues to rise in price. Public Works Director Dave Clark is to look into placing additional bike racks at selected beach accesses.

Comr. Sadler - Sale of sanitation truck

Comr. Sadler asked about the sale of Town vehicles on-line.

Public Works Director Dave Clark stated that through GovDeals - the on-line service the Town subscribes to - the Town has sold a chipper and two (2) trash trucks. One of the trucks has sold for about twice the requested price.

Comr. Sadler - Bicycle Byways Map

Comr. Sadler said that she would like to invite Mary Helen Goodloe-Murphy to an upcoming Board meeting to brief Board members on the Bicycle Byways Program.

Comr. Sadler - Request for cost estimate of sidewalk on the bypass

Comr. Sadler asked staff to provide a cost estimate for an 8’ concrete sidewalk on the bypass from 8th Street to go as far as the curb/gutter goes.

Comr. Sadler - Request for explanation from Town Attorney

Comr. Sadler asked Town Attorney Ike McRee to provide an explanation of the Beach Road building permit moratorium legality later in today's meeting.

Comr. Sadler - Historic Commission

Comr. Sadler said that the loss of any of the homes in the Historic District would be a major loss and it is not her intention to force governmental regulations on any segmented group in the community who have tried to preserve a piece of old Nags Head and want to be left alone. She does not want to pursue any course that is against the wishes of the property owners in this area; the Historic Commission should actually be a committee that includes the affected property owners.

Comr. Gray agreed with Comr. Sadler's comments.

Comr. Sadler - Request for Closed Session

Comr. Sadler requested a Closed Session to discuss possible land acquisition.

Comr. Sadler - Northridge Subdivision

Comr. Sadler provided some of the suggested solutions from Northridge property owners concerning the problems this past summer with rentals - summer rentals not weekly rentals: Town newsletters to be more informative to neighborhoods and not just report that everything is fine; Provide a welcome to the Outer Banks but include information that many people live here year-round; Add parking stickers for rentals that last longer than one (1) week.

Chief Cameron said that the Northridge neighborhood has started to degrade and some resolutions include: A major clean-up of the right-of-way was recently done by Town Public Works staff in Northridge; Abandoned vehicle abatement via the Planning Dept; A partnership with the Property Owners Association with a follow-up meeting to view long-term issues; these types of programs also should be done in other subdivisions such as Nags Head Cove and Vista Colony.

Comr. Sadler - Request for explanation of moratorium legality

At Comr. Sadler's request, Town Attorney Ike McRee reported on what conditions a Board can enact a moratorium and under what conditions - he explained that an amendment to State Statutes took effect on September 1, 2005; he reported that nothing is different now from what was previously required; now the Statute requires what the courts have always required.

Comr. - Northridge Subdivision

Comr. Oakes questioned if police patrol was increased in the Northridge Subdivision because of the issues noted; Chief Cameron stated that some additional police patrol took place in Northridge as necessary.

Comr. Oakes - Sidewalk extension at Nags Head Elementary School

Comr. Oakes stated that the sidewalk at the new Nags Head Elementary School dead ends into a ditch; Public Works Director Dave Clark said that he is looking at seeing what would need to take place to extend the sidewalk.

Comr. Oakes - Buffering

Comr. Oakes asked about buffering for the Gull Street Water Pumping Station.

Public Works Director Dave Clark explained that the Town and Sprint were to each buffer two sides - he stated that any buffer outside of the fence would be in the NC DOT right-of-way.

Comr. Oakes - Town of Duck Commercial Development Ordinance

Comr. Oakes directed Planning staff to obtain a copy of the Town of Duck's ordinance on commercial development and provide to staff and Board members.

Town Attorney Ike McRee reported that the Duck ordinance allows a developer to bring in for Board consideration a plan that may not fit Town regulations but is still a good fit for the Town.

ADJOURNMENT

MOTION: Comr. Oakes made a motion to enter Closed Session to discuss the acquisition of real property, a personnel issue and legal action with Nelson, Whetstine, and the Town and to adjourn. The motion as seconded by Comr. Sadler which passed unanimously. The time was 5:40 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________

Robert W. Muller

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