DRAFT TOWN OF NAGS HEAD



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TOWN OF NAGS HEAD

BOC ACTIONS

March 4, 2009

1. Mayor Cahoon called the meeting to order at 9:00 a.m.

2. Agenda adoption - The Board passed a motion to adopt the March 4th agenda with the removal of items #7 (financing of capital items) and #9 (W. Oak Knoll Drive temp No Parking).

3. Audience Response - Paula Donaghy, representing the League of Women Voters; she presented the Board with 2009 LWV Citizens Guides and thanked the Board for its support.

4. Audience Response - Roc Sansotta, South Nags Head property owner; he spoke of how Oregon Inlet is taking the sand from Nags Head; the sand keeps building extra islands.

5. Audience Response - Sheila Davies, Dare County Project Manager of the Dare County Substance Abuse Program; Ms. Davies reported on New Horizons - A Dare County Initiative.

6. Mayor Cahoon - Mayor Cahoon recognized Planning Board Chair Bob Edwards in the audience.

7. Consent - The Board passed a motion to approve the Consent Agenda with the removal of items #7 (financing of capital items) and #9 (W. Oak Knoll Drive temp No Parking). The Consent Agenda consisted of the following agenda items:

- Consideration of Budget Adjustment #9 to FY 08/09 Budget Ordinance

- Consideration of Tax Adjustment Report

- Approval of Minutes

- Consideration of tax delinquent report to be advertised

- Consideration of request for financing of capital items

- Consideration of modification to Personnel Policy to reward 30 years of service

- Consideration of Proclamation proclaiming Multiple Sclerosis Awareness Week

8. MPT Sadler not present - Mayor Cahoon noted that Mayor Pro Tem Sadler was not present.

9. Public Hearing - The Board passed a motion to approve the application for Outer Banks Transportation Company for a Certificate of Public Convenience and Necessity with the required findings.

10. Public Hearing - The Board passed a motion to adopt the ordinance increasing the height of wind turbines in parks as presented.

11. Public Hearing - The Board passed a motion to approve the subdivision plat application to create a two-lot subdivision and the associated site plan amendment to South Beach Plaza with the required findings of fact.

12. Public Hearing - The Board passed a motion to adopt the ordinance amendment to delete the portion of Town Code that pertains to offsite drainfields serving hotel uses as presented.

13. Public Hearing - The Board passed a motion to adopt the ordinance concerning nonconforming structures destroyed by accidental loss.

14. Public Hearing - The Board passed a motion to rezone the Hotel District property to Detached Single Family as requested to include the required findings of fact. The motion passed 3 - 1 with Mayor Cahoon casting the NO vote.

Mayor Cahoon stated that the second reading of the rezoning request and the agenda item concerning a preliminary subdivision plat to create 14 detached single-family residential lots (Seven Sisters South Subdivision) will return for Board consideration at the April 1st BOC meeting.

15. Neighborhood restaurant text amendment discussion - It was Board consensus to move forward and have two Board members meet with the Planning Board and Beach Road restaurant owners to discuss all neighborhood issues at one time - to include discussion of the proposed definition of "neighborhood restaurant" and reduced parking requirements for outdoor seating for neighborhood restaurants. Planning Chair Bob Edwards noted that the Planning sub-committee has been looking at maintaining the beach/family atmosphere on the Beach Road.

16. OBX Marathon - Annual OBX Marathon directors Mike Kelly and Webb Fuller presented a video report of and distributed written statistics from the November 2008 OBX Marathon.

17. Town Attorney - Town Attorney John Leidy summarized his memo concerning offsite advertising signs - No action was taken by the Board on offsite advertising signage.

18. Town Attorney - Town Attorney John Leidy requested a Closed Session to discuss possible land acquisition (Gilliam Wood property), possible litigation, and Beacon Motor Lodge litigation.

19. Town Manager - It was Board consensus to allow Kelly's Restaurant owner Mike Kelly to take care of the parking/traffic issues through self-policing during the St. Patrick's Day Parade and events March 13 - 15, 2009.

20. Town Manager - It was Board consensus to move forward with the Sand Fencing Project and not wait until the fall.

21. Town Manager - It was Board consensus that staff provide additional information concerning the yellow house in Nags Head Woods and to return this item to the Board for further discussion.

22. Town Manager - Town Manager Cameron stated that staff has been working with COE and CSE - CSE has been authorized to move forward with erosion monitoring updates and to work with COE on the updated EIS. Per Board direction, a stakeholders meeting will be held on the Outer Banks; additional information will be provided at the March 18th Board meeting.

23. Town Manager - Town Manager Cameron requested a Closed Session to discuss personnel.

24. Town Manager - Town Manager Cameron reported that some SNH residents are concerned about the amount of vegetation Dominion Power has removed. A meeting has been scheduled with residents, staff, Dominion Power supervisors to make sure fire lines or unnecessary vegetation is not disturbed.

25. Town Manager - Town Manager Cameron reported on three (3) structures located in the public trust land - 9209 SOOIR, 9633G Spencer, and 9701 Nansemond. Based on the Town Code, Town Manager Cameron said that he will be giving authority for appropriate action to be taken by DTM Ogburn, Planning staff, and attorneys John Leidy/Ben Gallop.

26. Town Manager - A conference call has been scheduled for tomorrow, March 5th with a property owner to discuss Finch Street drainage issues that it is claimed were caused by the Town's work in that area.

27. Town Manager - Town Manager Cameron provided an update on Conch Street Ocean Outfall Project.

28. Lease/Purchase - from Consent Agenda - The Board passed a motion to adopt the resolution awarding financing of specific vehicles as presented.

29. Comr. Oakes - Comr. Oakes thanked Town Manager Cameron for addressing the South Nags Head Dominion Power issue concerning vegetation removal.

30. Mayor Cahoon - Mayor Cahoon thanked staff and Board members for a positive Board Retreat; the minutes from the Retreat will become part of the Board's goals.

31. Mayor Cahoon - Mayor Cahoon reported that the Town has become a drop-off point for the Albemarle Food Pantry and she encouraged everyone to drop off a can of food.

32. Mayor Cahoon - Mayor Cahoon spoke of some good advice from Reporter/Announcer Paul Harvey who recently passed away: "And now for the rest of the story". Mayor Cahoon encouraged everyone to find out all relevant information concerning an issue before forming an opinion.

33. Closed Session - The Board passed a motion to enter Closed Session to discuss possible land acquisition (Gilliam Wood property on US 158); to discuss possible litigation and Beacon Motor Lodge litigation - The time was 12:33 p.m.

34. Open Session - The Board re-entered Open Session at 12:57 p.m. Town Attorney John Leidy reported that during Closed Session the Board stayed within the purposes of the Closed Session that were identified and no action was taken during Closed Session.

35. Comr. Remaley - Comr. Remaley noted that he may not be back from a trip in time for the May 6, 2009 BOC meeting.

36. Comr. Gray - Comr. Gray noted that he would be leaving for a business trip on March 28, 2009 and did not know the exact day that he would be returning.

37. Adjournment - The Board adjourned to a mid-month meeting on March 18th at 7:30 p.m. The time was 1:00 p.m.

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