DRAFT TOWN OF NAGS HEAD



DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

ADJOURNED REGULAR SESSION

January 19, 2005

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, January 19, 2005.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem Brant Murray; Comr. Wayne Gray; Comr. Anna Sadler; and Comr. Bob Oakes (arrived at 8:50 p.m.)

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Ike McRee; Tim Wilson; Andy Garman; Todd Krafft; Bruce Bortz; Charlie Cameron; Dave Clark; Butch Osborne; Kim Kenny; Roberta Thuman; Dave Masters; Mary Clark; Bo Taylor; David Oaksmith; Kevin Schwartz; Matt Artz; and Town Clerk Carolyn Morris

Mayor Muller called the meeting to order at 7:30 p.m. Mayor Muller announced that the meeting was a joint meeting with the Planning Board to receive an update on the Town's Septic Health Initiative.

Audience Response - Dave Masters - Stormwater drainage

Dave Masters; Nags Head resident; followed up on the stormwater drainage issues discussed at the last Board meeting; he wants funds to be transferred to the stormwater proprietary fund so that work can begin immediately on the problem area list that was identified by the Public Works Director.

Audience Response - Dave Masters - Utility Flags

Mr. Masters expressed his concern about the utility flags in town, especially on US 158 that are not being removed in a timely manner.

Audience Response - Dave Masters - Litter

Mr. Masters stated that the drainage ditches are in need of cleaning and are junked with plastic bottles, etc.; no littering signs are almost non-existent in the Town; he could only find 8 signs that are related to litter; there are hundreds of no-parking signs and no roller-blading/skateboarding signs; the no dumping/violators will be prosecuted sign attached to the MP 21 sign does not appear to be a Town sign; he feels three (3) things need to be done: the public must be aware that that is a no littering law, the public must be aware that violators of the no littering ordinance will be prosecuted, and the law must be enforced; he urged the Board to initiate a proactive program against littering.

Mayor Muller reported that at last week's Community Watch meeting the appearance of the Town was a major topic; Board members agreed that it is a problem as well. It was Board consensus that Mayor Muller bring forward the litter issue under his agenda later in today’s meeting.

Request from Mike Kelly for authorization to remove trees from Nags Head Woods

Deputy Planning Director Bruce Bortz summarized the Planning and Development staff memo dated January 11, 2005, which read in part as follows:

"Pursuant to Section 48-442 (g) (3)a4i. of the Town of Nags Head Zoning Ordinance, Mike Kelly is seeking authorization from the Nags Head Board of Commissioners to remove six trees greater than 16 inches in caliper, from the above referenced lot in order to construct a detached garage. According to this section of the zoning ordinance, staff may not approve a single family site plan which proposes the removal of any tree 16 inches or larger in caliper. Of the six trees, five are gum and one is a pine.

'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 trees. 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:

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

2. “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 inspection of the subject property and survey information provided, it is staff’s opinion that the above conditions are applicable to the applicant’s proposal. Staff recommends that the authorization to remove the six trees in question be granted conditioned upon approval of a site plan and issuance of a building permit.

'Attached is a site plan which indicated the six trees to be removed."

MOTION: Mayor Pro Tem Murray made a motion to approve the request by Mike Kelly to remove six (6) trees. The motion was seconded by Comr. Sadler which passed 4 - 0 (Comr. Oakes was absent.).

Comr. Oakes absent

Mayor Muller noted that Comr. Oakes was absent as he was traveling from Virginia and was in heavy traffic due to inclement weather.

Request to apply for and Public Comment Period on PARTF grant application for dog park, playground area, and tennis courts addition to County Recreation Park

Planner Andy Garman summarized the Planning and Development staff memo dated January 11, 2005, which read in part as follows:

"As you are aware, Dare County is currently in the process of developing a recreation site on the 13.26-acre, Town-owned Twiford tract located directly west of Kelly’s Restaurant. The address of this recreation facility is 227 W. Satterfield Landing Road. The County received a North Carolina Parks and Recreation Trust Fund Grant to assist with the construction of two multi-purpose recreation fields as well as a parking lot and concession area. The County is nearing completion of this project. Staff is proposing to apply for a NC PARTF grant to construct six-tennis courts, a children’s play area with a small shelter, a basketball court, and a fenced dog park on other portions of the site. These items have been included in the FY 2005-2006 CIP requests. The grant would provide a dollar for dollar match to any money the Town spends. The total estimated cost of this project is $240,326. This would require a Town match of $120,163. A draft site plan is attached for your review.

'On a number of occasions, Nags Head citizens have expressed their desire to have a facility located in the Town with these types of amenities. The Nags Head Citizens Advisory Committee endorsed a resolution supporting this project at a meeting on January 10, 2005. The item is also being presented at the January 18, 2005 Planning Board meeting.

'Staff would like the Board of Commissioners to consider authorizing Staff to submit this grant application to the regional Recreation Resource Service representative by the established deadline of January 31, 2005. Additionally, Staff would like the Board of Commissioners to authorize Mayor Muller to certify that the information in the grant application is complete, once Staff has finished the application based on comments received at this meeting. The application requires a municipality’s Chief Elected Official to certify that the information in the application is true and correct and that the 50% required matching funds will be available during the project period. The Town would be notified no later than the summer of 2005 if the grant is awarded."

Comr. Gray questioned why the plan included the construction of six (6) tennis courts; Mayor Muller explained that the tennis courts at Kelly's are in bad repair and the tennis courts at the Kill Devil Hills Recreation Park are heavily used when open in the spring/summer months. He also noted that six (6) courts are the number of courts to support a tournament.

Comr. Gray confirmed with Mayor Muller that the lease with the County identifies the closing time for the Park to be 9:00 p.m. when the lights for the ballfields are turned off.

Mayor Pro Tem Murray suggested that the children's play area be moved closer to the soccer field. In support of the tennis courts, he pointed out there has been some discussion in the past about tournaments being hosted in Nags Head.

Comr. Sadler wanted to make sure that the Town would not be committed to whatever was listed on the plan, i.e., that the Town could modify what they wanted to include in the Park if desired.

Mayor Muller stated that the State PARTF officials have always been flexible with the Town in the past.

Comr. Sadler was hesitant because she was not sure that the plan as submitted is correct for all citizens. She has heard a lot of interest in putting a jogging path/walking trail in the Park. She would like to see the Town Recreation Committee revitalized and she would like to hold several public hearings before finalizing the plan.

Mayor Muller agreed and said that the Recreation Committee could be reconstituted and tasked to come back in a year with detailed and up-to-date information on what the public wants for the Park.

Mayor Muller opened up public comment at 8:04 p.m.

Bo Taylor, Nags Head resident; he stated that this project was conceived a couple of years ago through the efforts of the Town Recreation Committee, of which he was Chair, and the Committee went through the process of prioritizing facilities and what is presented on the plan is what the Committee came up with. He wanted to make sure Board members were aware that the facilities requested was what evolved from the Recreation Committee.

Kevin Schwartz; CAC member; the CAC discussed the Recreation Park last week and discussed the specific layout and no one on the Committee questioned the specific uses; they were excited about a dog park; he feels there is an extreme lack of public tennis courts in Dare County that are in good shape; he feels the courts would be a great addition and would be utilized by people from other towns.

Dave Masters, Nags Head resident; he questioned the premise of a dog park; Mr. Garman explained that the proposed dog park would be fenced and would be an area where dogs would be allowed off their leashes; rules would need to be established.

Mayor Muller pointed out that the dog park has appeared as a CIP request for the last several years.

Chief Cameron stated that an enabling ordinance would be needed and enforcement would fall to the Town's Animal Control Officer.

There being no one else present who wished to speak, Mayor Muller closed public comment at 8:11 p.m.

Comr. Sadler reiterated that public input is what is needed now so the public can let the Board know what they want for the Park facilities.

MOTION: Mayor Pro Tem Murray made a motion to authorize staff to apply for the PARTF grant for the construction of the facilities for the Recreation Park and to authorize Mayor Muller to certify that the information contained in the grant application is complete. The motion was seconded by Comr. Sadler which passed 3 - 1 with Mayor Muller casting the NO vote (Comr. Oakes was absent.).

Mayor Muller - Request for Closed Session

Mayor Muller requested a Closed Session to speak with the Town Attorney concerning an attorney/client privilege on matters related to the red-light camera program.

Discussion of CIP and Budget Workshop Dates

It was Board consensus to authorize Mayor Muller to work with staff to evaluate and rank the CIP proposals and to bring a final report back for Board review at one CIP workshop at the April 6, 2005, Board meeting with Board discussion at the April 2005 mid-month meeting.

Board members agreed to the following schedule:

May 18th mid-month Board meeting - Town Manager presentation of budget and public comment

May 24th at 7:00 p.m. budget workshop

May 26th at 1:30 p.m. budget workshop

June 1st Board meeting public hearing on budget

June 7th at 7:00 p.m. budget workshop

June 15th mid-month Board meeting for budget adoption

Request to amend State Statutes to allow law enforcement ATV's to operate on highways in Nags Head

Public Safety Director Charlie Cameron requested that the Board authorize staff to pursue the process to add Nags Head to the current legislation that permits Law Enforcement ATV's to be permitted and operated on highways with speed limits less than 35 MPH. He stated that this request is specifically in response to issues resulting from Hurricane Isabel.

MOTION: Mayor Pro Tem Murray made a motion to authorize staff to begin the process to add Nags Head to the legislation that permits Law Enforcement ATV’s to be operated on highways with speed limits less than 35 MPH as requested. The motion was seconded by Comr. Sadler which passed 4 - 0 (Comr. Oakes was absent.).

Update on Septic Health Initiative

Deputy Planning Director Bruce Bortz summarized the memo dated January 11, 2005, to the Board of Commissioners and to the Planning Board from the Septic Health and Planning and Development staff, which read in part as follows:

"On January 19th the Board of Commissioners and the Planning Board will meet to review some of the remaining preliminary results and review management options from Stone Environmental Inc. project regarding the development of the Town’s Decentralized Wastewater Management Plan. The meeting will be during the midmonth meeting of the Board of Commissioners which begins at 7:30 PM Wednesday January 19th.

'Last year the Town entered into a contract with Stone Environmental from Montpelier Vermont to develop a decentralized wastewater management plan. After several years of meetings by the Septic Health Committee, the Town in 2000 funded the Septic Health Initiative program. This program consists of four basic components: (1) education, (2) septic tank pumping and inspection, (3) water quality sampling and analysis and (4) a Management Plan. The Plan when completed in the spring-summer of 2005 will set forth a number of management options available to the Town for the management of on-site septic systems.

'At the July 2004 Planning Board meeting and the July Board of Commissioners meeting, Stone Environmental reviewed the development of the Plan, answered questions, and solicited comments from both Boards.

'During a joint workshop on October 20th, Stone Environmental reviewed some of the preliminary research results they have compiled to date.

'On January 19th, Stone Environmental will present remaining research results, however the primary purpose of this meeting will be the presentation by Stone of management options available to the Town for the management of on-site septic systems. These management options will be based upon the research results from the last four years of the program. The management options presented by Stone will detail several strategies for the on-site regulation of wastewater. Once a particular management option is selected by the Board, Stone will develop a draft management plan based upon that option and will present the draft management plan at the April midmonth meeting. Following the April meeting, Stone will revise the plan and present the final plan in July for Board consideration.

'Staff has not had the opportunity to review the submitted materials prior to composing this memo."

Mary Clark from Stone Environmental gave a Powerpoint presentation updating the Board on the management options available for maintenance of on-site septic systems.

Ms. Clark said that the second report will be presented to the Board in April 2005, and will include a more in-depth evaluation of innovative alternative systems such as the peat systems. She said that if anyone had any comments on the report to forward them to Mr. Bortz by February 10, 2005.

A copy of Ms. Clark's presentation is on file in the Town Clerk's office.

Comr. Oakes arrived at meeting

Comr. Oakes arrived at the meeting at 8:50 p.m.

Update on Septic Health Initiative (Continued)

Mayor Muller distributed a statement he adapted from the Rhode Island mission statement entitled: Decentralized Wastewater Management Plan "Draft" Mission Statement which read in part as follows:

"The Town of Nags Head is committed to protecting the environment and public health. Effective care of onsite systems and other decentralized wastewater systems is essential to keeping this commitment. The Town will enhance its oversight of these systems in a fair, reasonable and cost-effective manner to ensure they are well managed and that system owners have the information and tools necessary to protect their private investment and the public good. The onsite/decentralized program will e dynamic and evolving over time to ensure that decentralized systems become, and remain, a sustainable component of Nags Head's comprehensive wastewater management plan."

Mayor Muller explained that the Board needs to consider if it wants to continue with the program to manage wastewater with the goal of protecting surface water and if so should it be a voluntary or a regulatory program.

After discussion, Mayor Muller summarized the consensus of the Board:

- That managing the Town’s wastewater is important to the Town's achievement of its long-term vision - to some degree

- To accept three (3) fundamental areas (age of septic systems, depth of groundwater, water usage) as legitimate areas to begin reviewing/evaluating - full consensus

- That Mayor Muller sit down with staff, a Planning Board member and a Stone Environmental representative to prepare and bring back for Board review an outline of how to address the issues identified in a voluntary/non-regulatory fashion - full consensus -

Mayor Muller summarized that it is important to the Board to protect clean water by the management of onsite wastewater through the use of voluntary/incentive based methods of improving performance in risk areas identified.

Comr. Sadler emphasized the importance of determining how to get those systems already tested and failed to become passing systems.

Comr. Sadler confirmed with the Mayor that the water quality monitoring program will continue.

Board members thanked Ms. Clark for her presentation.

Board members thanked Planning Board members for their attendance.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee had nothing new to report.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Fuller - Public Safety Grant

Public Safety Director Charlie Cameron summarized his memo concerning the availability of 2005 State Grant Funds which read in part as follows:

"The State of North Carolina will be making grant money available, during the year 2005, through their Department of Crime Control and Public Safety, Governor's Crime Commission, to qualifying law enforcement agencies for technology enhancements. These grant funds are furnished to the State of North Carolina through block grants provided to the state by the federal government. These grant funds are awarded to qualifying law enforcement agencies to fund 75% of an approved project, with each participating municipality providing a 25% local cash match for their share of the total cost of the grant project.

'It is requested that permission be granted to allow the Police Division, in the Town's Department of Public Safety, to apply for a Regional Law Enforcement Agency, Governors Crime Commission Grant in the amount of $90,891. If the grant is approved, the Police Division will use these funds, along with other regional law enforcement agencies, to purchase a Forensic Analysis Video System.

'Currently, the greatest frustration experienced by investigators today is that the quality of almost all video tapes seized from private video security systems are of extremely poor quality. This is due to businesses failing to maintain their surveillance equipment, poor storage of video tapes, or simply using poor quality video tapes. In addition, over the past several years police departments have installed in-car video systems within their officer's patrol vehicles. On occasions these video tapes are reviewed by District Attorney's, defense attorneys and police supervisor's due to questionable circumstances. However, when a case presents itself that brings into question the driver or officer's actions these tapes are then scrutinized to the smallest degree. Many times departments use high quality video tapes, but due to extreme temperature changes, electrical interference, poor lighting conditions, etc. the images on these tapes can become degraded to the point that special equipment must be used to analyze these images and restore them.

'In the past, when poor quality video tapes were seized for evidence, departments would mail these video tapes to the N.C. State Bureau of Investigation for analysis. However, the N.C. State Bureau of Investigation is under heavy demands and they are short personnel, therefore many times it can take up to six to eight months before a video tape analysis would be completed.

'Having this forensic analysis video system in place will increase the Police Officer / Investigator's ability to solve crimes in a timely manner. It will help to identify offenders within hours, and remove them our streets.

'As stated above the total cost of this Regional Governor's Crime Commission Grant will be $90,891 for this forensic analysis video system with Governor's Crime Commission Grant Funds providing $68,168.25. The 25% cash match to the Town would be $3,545.39 with the six (6) local municipal law enforcement agencies and the Dare County Sheriff's Office participating.

'The Kitty Hawk Police Department will be the administrator of this regional law enforcement grant if the Governor's Crime Commission approves it.

'This information is forwarded to you for your consideration. The "2005" Grant Pre-application submission deadline for applications, to be forwarded to the Governor's Crime Commission for their consideration, is January 31, 2005."

Chief Cameron stated that the grant would allow the Towns to purchase equipment to analyze video tapes from convenience stores and other commercial agencies as well as the in-car camera video tapes in the police vehicles.

MOTION: Mayor Pro Tem Murray made a motion to approve staff’s participation in the regional grant program for a video forensic system. The motion was seconded by Comr. Sadler which passed unanimously.

MAYOR’S AGENDA

Mayor Muller - BOC Retreat materials

Mayor Muller noted that the materials for the BOC Retreat, scheduled for tomorrow, January 20th, are included in the FYI section of the Board's packages.

Mayor Muller - Implementation of Personnel Grievance Procedures

MOTION: Mayor Pro Tem Murray made a motion to change the implementation date for the changes to the Personnel Grievance procedure in the Personnel Policy from February 1st to the first Board meeting in March 2005, in order to complete the necessary training. The motion was seconded by Comr. Oakes which passed unanimously.

Mayor Muller - Revenue neutral tax rate

Mayor Muller asked Dep. Finance Officer Kim Kenny to explain about the revenue neutral tax rate.

Ms. Kenny explained that municipalities are required by law to publish a revenue neutral tax rate in revaluation years. The revenue neutral tax rate is approximately .13 per $100 valuation, compared to the Town’s current property tax rate of .373. The final tax rate will be set by the Board during the budget process in the spring. She stated that the neutral tax bill is based on estimated revenue neutral tax rate and does NOT represent the final tax rate to be set by the Board.

Mayor Muller stated that this information is also on the Town's web site.

Mayor Muller - Littering

Mayor Muller discussed the issue of littering and trash in the Town with Board members.

It was Board consensus to do the following:

- Include a public service message on the Government Access Channel, in the email broadcast, and in the Town newsletter concerning litter

It was pointed out that the issue to include a possible additional staff member to pick up litter will be discussed further during the upcoming CIP/budget process.

Transfer station open/closed times were discussed.

Town Manager Fuller stated that staff is preparing letters to be forwarded to all private and public trash pick-up companies as litter is often seen flying out of trash trucks; in addition, more enforcement with ticketing will take place.

Mayor Muller - Seagull Drive sandbags

Mayor Muller displayed pictures of the Seagull Drive area and noted that the berm is gone in some areas. He asked if the Board wanted to take any action. He stated that the Board could do nothing and let the road wash into the ocean or it could protect the road with sandbags. This would be the most economical time to install sandbags as the company is currently onsite installing sandbags at Surfside Drive. Mayor Muller spoke in favor of installing the additional sandbags on Seagull.

Mayor Pro Tem Murray said that as there are more storms ahead, the property owners should start looking for alternative access to the houses on Seagull Drive. He expressed his frustration that the issue of Seagull Drive continues to come back to the Board for discussion.

Comr. Sadler feels that the Town is still within the budget set and she feels the Board should continue installing sandbags where the one property owner who installed them on his own left off and continue as far as the Town owns.

Comr. Gray said that he can no longer support the sandbags and that the property owners need to determine alternative access to the houses. He feels that the time has come to stop fighting the losing battle of protecting Seagull Drive.

Comr. Oakes feels the Board should not continue with any more sandbags just because one property owner installed them.

There was no consensus to take any action for sandbags on Seagull Drive.

Mayor Muller thanked the Board for their indulgence in this discussion.

Mayor Muller - Groundbreaking for the new South Nags Head Fire Station

Mayor Muller reported that the groundbreaking for the new fire station in South Nags Head is scheduled for lunchtime at the February 2, 2005, Board of Commissioners meeting.

Comr. Oakes - Sandfence on emergency berm

Comr. Oakes spoke in favor of installing sandfence on the entire length of the berm; he feels that the sandfence would help dramatically by catching sand from all the sand blowing.

MOTION: Comr. Oakes made a motion to place sandfence on the entire length of the east side of the berm. The motion failed for lack of a second.

Town Manager Fuller pointed out that permission from property owners would be needed.

Mayor Muller directed staff to determine CAMA requirements, the cost of sandfence per mile, and any other necessary requirements and to bring this information back for Board review.

BOARD OF COMMISSIONERS AGENDA

Comr. Sadler - Soundside Overlay District

Comr. Sadler reported that at the Planning Board meeting last night there was no consensus on the proposed Soundside Overlay District ordinance. One suggestion made by two (2) of the Planning Board members was to survey all residents in that area to get their input.

Mayor Muller said that he has met with staff and has drafted an ordinance for review by the Planning Board in February 2005, with a public hearing to be scheduled for the March 2005, Board meeting.

Comr. Sadler - Town surplus sold on internet

Comr. Sadler reported that the Town of Edenton has been advertising their surplus equipment via the internet. Mayor Muller noted that there are a couple of sites that sell municipal equipment - Gov deals and Gov buy. He said that the concept is good but so far the results have not been as good as hoped.

Town Manager Fuller was directed to look into the on-line internet auction process.

Comr. Sadler - Emergency berm progress

Comr. Sadler questioned the status and direction of the berm construction.

Public Works Director Dave Clark reported that currently the emergency berm is being constructed in the south portion of Town heading north; it is expected that the entire project will be completed by June 15th. The Town will need to make arrangements with the turtle watchers to check the beach area being utilized by the dump trucks after May before work can begin each day.

Comr. Sadler - Encouraged public to apply for Town Boards/Committees

Comr. Sadler noted that there is one (1) Planning Board vacancy; she encouraged those interested to apply for a Town Board/Committee.

Comr. Sadler - House numbers

Comr. Sadler expressed her concern about property owners who do not have house numbers installed or whose house numbers fall off and are not replaced.

Town Manager Fuller stated that the Town's ordinance requires house numbers; he feels it is a waste of the Town's resources to enforce the ordinance unless the Town is willing to follow up.

Comr. Gray - South Nags Head Fire Station

Comr. Gray stressed the importance of fully manning the South Nags Head Fire Station when it is constructed.

Comr. Gray - Soundside Overlay District

Comr. Gray stated that four people voted on the Soundside Overlay District ordinance but it was a tie vote - by the next Planning Board meeting there should be a majority vote if all members are present.

ADJOURNMENT

MOTION: Mayor Muller made a motion to enter Closed Session in accordance with GS 143-318.11(a)(3) to discuss an attorney/client privilege issue concerning the red light camera program and the High Point versus Guilford Co. School Board lawsuit and further to adjourn. Mayor Muller noted that the Board Retreat was scheduled for tomorrow, Thursday, January 20th. The motion was seconded by Comr. Oakes which passed unanimously. The time was 10:33 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________

Robert W. Muller

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