DRAFT TOWN OF NAGS HEAD



DRAFT

TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

ADJOURNED/RECESSED SESSION

October 20, 2010

The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 South Croatan Highway at 7:30 p.m. on Wednesday, October 20, 2010.

COMRS PRESENT: Mayor Bob Oakes; Mayor Pro Tem Wayne Gray; Comr. Doug Remaley;

Comr. Anna Sadler; and Comr. Renée Cahoon

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Kevin Brinkley; Kevin Zorc; Dave Clark; Ralph Barile; Kim Kenny; Kelly Wyatt; Roberta Thuman; Christopher Trembly; Christopher Day; Wayne Kidd; Robert Hollingsworth; Willo Kelly; Steven Lee; David Roberts; and Town Clerk Carolyn Morris

CALL TO ORDER

Mayor Oakes called the meeting to order at 7:30 p.m.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to approve the October 20th agenda as presented. The motion was seconded by Comr. Cahoon which passed unanimously.

AUDIENCE RESPONSE

No one spoke during Audience Response.

Recognition of Robert Hollingsworth, Nags Head retired reserve firefighter

Fire Chief Kevin Zorc recognized retired reserve volunteer firefighter Richard Hollingsworth for 30 years of volunteer fire service.

On behalf of the Board, Mr. Hollingsworth was presented with a Plaque of Appreciation by Mayor Oakes.

Recognition of Town employees for years of service

The following employees were recognized by the Board for years of service:

Fire Chief Kevin Zorc introduced Firefighter/EMT Christopher Trembly who was recognized by the Board for three (3) years of service.

Fire Chief Kevin Zorc introduced Firefighter/EMT Christopher Day who was recognized by the Board for five (5) years of service.

Fire Chief Kevin Zorc introduced Firefighter/EMT Wayne Kidd who was recognized by the Board for five (5) years of service.

Town Manager Cliff Ogburn introduced Zoning Administrator Kelly Wyatt who was recognized by the Board for five (5) years of service.

Town Manager Cliff Ogburn introduced Police Chief Kevin Brinkley who was recognized by the Board for 20 years of service.

Town Manager Cliff Ogburn introduced Human Resources Director Bonita Hurdle who was recognized by the Board for 25 years of service.

Public Hearing to consider zoning ordinance text amendments, initiated by the Board of Commissioners, to Town Code Chapter 48, Zoning, to lessen or rescind current regulations of the zoning ordinance pertaining to structural nonconformities

Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:

“The attached zoning ordinance text amendment, initiated by action of the Board of Commissioners, would amend the following sections of the code regarding nonconforming structures with conforming uses:

- Town Code Section 48-121(a), Intent, by removing the language which stated that it was the intent to not encourage the survival of nonconformities.

- Town Code Section 48-123(a)(1), Nonconforming Structure with Conforming Use, allowing construction within the “building footprint”, except for additions over/under open decks.

- Town Code Section 48-123(b) to remove cost and time restrictions from work on all nonconforming structures with conforming uses regardless of the cause or reason.

- Town Code Section 48-132, Application of Residential Design Standards and Town Code Section 48-133, Application of Commercial Design Standards as noncompliance with required architectural design standards is also a form of structural nonconformity which is routinely encountered. This ordinance would remove cost and time limit restrictions specific to this structural nonconformity as well.

‘Staff finds no inconsistencies between the proposed ordinance and the Land Use Plan.

‘Staff finds this ordinance to be consistent with and similar to previous actions in amending structural nonconformity restrictions in cases of accidental loss in that it extends the same relaxation and rescinding of regulations governing structural nonconformities to all nonconforming structures with conforming uses, no matter the cause or purpose for doing so.

‘Planning Board recommendation will be provided at the meeting.”

Town Attorney John Leidy opened the Public Hearing at 7:58 p.m. and asked if anyone present wished to speak concerning the zoning ordinance text amendment pertaining to lessening or rescinding current regulations on structural nonconformities.

Willo Kelly, Government Affairs Director for the Outer Banks Homebuilders Association; she spoke on behalf of the Homebuilders Association; the association fully supports the proposed zoning ordinance amendments; she feels that adoption of these amendments will create much-needed jobs for the members of the association; she asked the audience to please consider “local” first.

There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at 8:02 p.m.

Mayor Pro Tem Gray felt the text amendments were long overdue.

Mayor Oakes said that the ordinance allows businesses/small homes to put back what they had – it is to protect small businesses.

MOTION: Comr. Cahoon made a motion to adopt the zoning ordinance amendment reducing current regulations pertaining to structural nonconformities as presented. The motion was seconded by Comr. Remaley which passed unanimously.

The ordinance concerning reducing current regulations pertaining to structural nonconformities, as adopted, is attached to and made a part of these minutes as shown in Addendum “A”.

Consideration of Budget Adjustment #4 to FY 10/11 Budget Ordinance

Consideration of Amendment #4 to Beach Nourishment Project Ordinance

Finance Officer Kim Kenny summarized the FY 10/11 Budget Ordinance adjustment request and the Beach Nourishment Project Ordinance amendment request.

The FY 10/11 Budget Ordinance amendment memo read in part as follows:

“Attached for your consideration is Budget Adjustment #4 that consists of three requests.

‘General Fund

The first request increases anticipated revenues Unappropriated Fund Balance by $150,000 with a corresponding increase to Contribution to Beach Nourishment Fund to provide funding for ongoing engineering costs and monitoring for the beach nourishment project.

‘The second request increases anticipated revenues from State ARRA Grant by $4,630 with a corresponding increase to Public Works Facilities Special Projects Lighting for the estimated costs of purchasing materials for lighting improvements at the public works facility. Labor for the installation will be provided by Town staff.

‘The third request increases anticipated revenues from United States Department of the Interior ARRA Grant by $19,327 with a corresponding increase to Fire Capital Outlay Grant for the purchase of 800 MHZ radios.”

The Beach Nourishment Project Ordinance memo read in part as follows:

“Attached for your consideration is Beach Nourishment Project Ordinance Amendment #4 that consists of one requested change.

‘Beach Nourishment Project Fund:

This request increases anticipated revenues from Contribution from General Fund by $182,251 with a corresponding increase to Capital Project Cost for Engineering to provide additional cash needed for ongoing engineering costs in obtaining permits and to increase the total amount budgeted for engineering to include the delays in obtaining the necessary permits and monitoring and testing needed for the project.”

MOTION: Comr. Remaley made a motion to adopt Budget Adjustment #4 to the FY 10/11 Budget Ordinance and Amendment #4 to the Beach Nourishment Project Ordinance as presented. The motion was seconded by Comr. Cahoon.

Mayor Pro Tem Gray confirmed with Board members that if the Town does receive beach nourishment that the money will be returned.

CONTINUATION OF MOTION: The motion passed unanimously.

The ordinances concerning Budget Adjustment #4 and the Beach Nourishment Project, as adopted, are attached to and made a part of these minutes as shown in Addendum “B”.

Consideration of resolution to surplus Fire and Ocean Rescue ATV’s

Fire Chief Kevin Zorc summarized the agenda summary sheet which read in part as follows:

“Attached please find surplus forms and resolution to surplus three (3) Fire and Ocean Rescue ATV’s for donation to the N.E.S.T organization who travels the beach looking for turtles that are nesting.”

Comr. Sadler asked why the NEST organization would want the ATV’s for parts when the Town cannot use them; Chief Zorc stated that sometimes the parts are used to supplement some of the gaps in their present machines. Comr. Sadler stated that she is concerned about abuse to the machines by Town staff and felt there should be a better maintenance program in place.

MOTION: Comr. Remaley made a motion to adopt the resolution surplusing the ATV’s to be donated to the NEST organization as presented. The motion was seconded by Comr. Cahoon which passed unanimously.

The resolution concerning surplusing three (3) Fire and Ocean Rescue ATV’s, 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 | |Original | | |

| |Asset No | |Cost | |Disposal Method |

|Dept | |Description |($) |Reason for Surplus | |

| |

|General Fund |

| | | | | | |

|Fire and Ocean Rescue |

|792 |961 |ATV Honda Rancher 350 |$3,900.00 |Has reached replacement schedule |Donation to N.E.S.T. |

| | | | |date – |Organization |

| | | | |Bad transmission; slips out of | |

| | | | |gear | |

|792 |962 |ATV Honda Rancher 350 |$3,900.00 |Has reached replacement schedule |Donation to |

| | | | |date |N.E.S.T. |

| | | | | |Organization |

|792 |963 |ATV Honda Rancher 350 |$3,900.00 |Has reached replacement schedule |Donation to |

| | | | |date – |N.E.S.T. |

| | | | |Leaks oil, rusted out, head gasket|Organization |

| | | | |bolt | |

‘(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 20th day of October 2010.”

In response to Comr. Sadler’s concerns that the ATV’s are not being properly taken care of and may be able to be used by Town staff for a longer period of time rather than just four (4) years, Mayor Oakes asked Town Manager Ogburn to look into the use of the ATV’s.

Comr. Remaley commented that the ATV’s were not built for the ocean environment and he feels the Town is taking good care of them.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Leidy – Request for Closed Session

Town Attorney Leidy requested a Closed Session to discuss the Roc Sansotta litigation, the Hardesty litigation, other nuisance structure litigation as well as a personnel issue.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Ogburn - Discussion of employee hiring freeze

Town Manager Ogburn asked the Board to consider authorizing him to fill vacant positions and to hire employees as needed - within the framework of the Town’s budget. He noted that he is not requesting additional funding at this time. He emphasized that a position would be filled only if funds were available.

MOTION: Mayor Oakes made a motion to authorize Town Manager Ogburn to fill Town vacancies as needed – utilizing the existing framework of the current budget. The motion was seconded by Comr. Cahoon which passed unanimously.

Town Manager Ogburn - Admiral Street traffic issues

Town Manager Ogburn briefly reviewed the Admiral Street traffic concerns by the property owners and reported that additional detailed information will be provided for Board discussion at the November 3, 2010 meeting. He said that the Town needs to be able to put criteria in place in order to identify specific problems.

Police Chief Brinkley provided some data from placement of the radar trailer on Glidden Street – there were 726 vehicles in a 5-day period – this and the other data collected will be compared with Admiral Street data. The radar trailer is being moved tonight to Admiral Street for west-to-east traffic data recording. The purpose is to assist in evaluating the Admiral Street traffic. Police Chief Brinkley stated that the data from the radar trailer will be included in the November agenda backup for Board review prior to the meeting.

Town Manager Ogburn noted, as did other Board members, that after numerous discussions/conversations with the Admiral Street property owners, their overwhelming desire was to not have a sidewalk constructed.

BOARD OF COMMISSIONERS AGENDA

Comr. Remaley –Government Access Channel Committee - Channel 20 meeting

Comr. Remaley was attending a funeral and unable to attend the recent Government Access Channel Committee (GACC) meeting. He asked Administrative Assistant/Public Information Officer Roberta Thuman to provide a brief update as she attended the meeting on his behalf.

Ms. Thuman explained that the recent GACC meeting focused on the funding the Committee had in place and how to give back to the Towns/County that participate in the program.

Comr. Sadler – DCTB and Windmill Point site

Comr. Sadler reported on a meeting with the Dare County Tourism Board she attended with Town Manager Ogburn concerning the Windmill Point site. The Tourism Board will be working with an architect firm to review various renderings for both the northern and southern portions of the site. It is anticipated that the north portion of the site will be used for a building and the southern portion will be used for an amphitheater, open-air markets, etc.

Comr. Sadler – Admiral Street

Comr. Sadler emphasized to the audience that even though the Board will be discussing costs for sidewalk construction on Admiral Street at the November 3, 2010 Board meeting, no decision has been made yet concerning a sidewalk.

Comr. Cahoon – Recycling at Jennette’s Pier

Comr. Cahoon asked Comr. Sadler to take back to the Jennette’s Pier Advisory Committee a request for the pier to provide recycling of aluminum, glass, and plastics. The Town’s recycling vendor could pick up the materials at the pier site.

Mayor Pro Tem Wayne Gray – Admiral Street

Mayor Pro Tem Gray reported that he recently met with two (2) representatives of the Admiral Street property owners. None of the property owners want a sidewalk. At the Board’s last meeting it was discussed that the Town would send a team to survey Admiral Street to determine placement of a sidewalk.

Comr. Oakes asked about a drainage survey; Town Manager Ogburn explained that survey information/cost estimates will be provided at the November 3rd Board meeting.

Comr. Sadler noted that the property owners had two (2) suggestions as to the preferred method of controlling traffic – she asked that Public Safety provide pros/cons of both of the suggestions and if not feasible, to come up with another option.

Mayor Pro Tem Gray said that the property owners suggested making Admiral Street a one-way street (from the Beach Road heading west) and they also suggested making Admiral Street a cul-de-sac – which he did not feel would be feasible. Mayor Pro Tem Gray pointed out that the street is now used a lot more than before construction of the 10.5 Shoppes; he also noted that the Board said they would review the Admiral Street traffic concerns after one year.

MAYOR’S AGENDA

Mayor Oakes - Discussion of Britthaven Nursing Home

Mayor Oakes reported that correspondence from the Town was sent to Britthaven officials with a date to respond with an outline of their plans by October 26, 2010. Mayor Oakes would like to begin the process of reviewing plans for Britthaven by creating a committee to advise the Board of Commissioners. Mayor Oakes named the following as currently willing to serve on the committee in addition to himself: Mayor Pro Tem Wayne Gray, Kaye White, and Tess Judge. He is asking Board members to make suggestions for the committee – for further discussion at the November 3rd Board meeting.

Comr. Cahoon confirmed that the mission of the committee is to advise the Board of Commissioners on how to move forward – does the Town wand to hold on to the deed, shift it to a non-profit group, etc. In response to Comr. Cahoon, Mayor Oakes stated that his understanding is that the deed goes with the Certificate of Need.

CLOSED SESSION

MOTION: Comr. Remaley made a motion to enter Closed Session to discuss Sansotta, Hardesty, other nuisance structure litigation, and Commissioner of Insurance rate litigation in accordance with GS 143-318.11(a)(3), and to discuss a personnel issue in accordance with GS 143-318.11(a)(6). The motion was seconded by Comr. Sadler which passed unanimously. The time was 9:05 p.m.

OPEN SESSION

The Board re-entered Open Session at 9:47 p.m.

Attorney John Leidy reported that during Closed Session the Board stayed within the boundaries of the reported issues and gave direction to the Town Attorney concerning litigation matters. No other action was taken during Closed Session.

ADJOURNMENT

MOTION: Comr. Sadler made a motion to adjourn which passed unanimously. The time was 9:48 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: __________________________

Mayor: __________________________

Robert O. Oakes, Jr.

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