DRAFT TOWN OF NAGS HEAD



DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

October 3 , 2007

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, October 3, 2007.

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

and Comr. Doug Remaley

COMRS ABSENT: Comr. Bob Oakes

OTHERS PRESENT: Town Manager Charlie Cameron; Deputy Town Manager Bill Richardson; Town Attorney Ike McRee; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Kelly Wyatt; Becky Huff; Karen Costello; Roc Sansotta; Dave Masters; Dru Ferrence; Andy McCann; and Town Clerk Carolyn Morris

CALL TO ORDER

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

MOMENT OF SILENT MEDITATION AND PLEDGE OF ALLEGIANCE

A moment of silent meditation was followed by the Pledge of Allegiance.

AUDIENCE RESPONSE

Audience Response - Roc Sansotta

Roc Sansotta, Nags Head property owner and business owner; the Town stands to lose a lot of income if sandbags are not authorized for the beach; he has installed sandbags and seeded the bags also; he questioned how the Town will replace the income that will be lost if sandbags are not allowed; he questioned why the Town won't fight the State to keep the sandbags.

Audience Response - Dru Ferrence

Dru Ferrence, Nags Head resident; spoke representing the Voter Service Committee of the League of Women Voters; the candidate public forum is scheduled for Nags Head on October 11th and is designed to provide the opportunity for residents to ask questions of candidates for office; invitations have been sent to Comrs. Gray and Oakes and it is hoped that they will attend the forum.

Audience Response - Andy McCann

Andy McCann; Nags Head resident and Nags Head Pier owner; he spoke in support of the proposed spear fishing ordinance; there was an issue this past summer at his pier and he would like to see the ordinance adopted.

There being no one else present who wished to speak, Town Attorney Ike McRee closed Audience Response.

PROCLAMATION DECLARING OCTOBER 6, 2007 NAGS HEAD BIG SWEEP DAY

Nags Head Big Sweep Day (October 6, 2007) was briefly summarized by Public Works Director Dave Clark.

Mayor Cahoon read the Proclamation declaring October 6th as Nags Head Big Sweep Day and urged everyone to get out and help clean up on Saturday, October 6, 2007.

PROCLAMATION DECLARING OCTOBER 8 - 12, 2007 FIRE PREVENTION WEEK

Fire Prevention Week (October 8 - 12, 2007) and the associated Open House at Station #16 was briefly summarized by Fire Chief Butch Osborne.

Mayor Cahoon read the Proclamation declaring October 8 - 12, 2007 as Fire Prevention Week and urged everyone to attend the Open House on Tuesday, October 9, 2007 at Fire Station #16 from 5:30 to 8:00 p.m.

INTRODUCTION OF NEW EMPLOYEES

Public Works Director Dave Clark introduced Public Works Office Manager Karen Costello who was welcomed by the Board to Town employment.

Finance Officer Kim Kenny introduced Tax Collector Becky Huff who was welcomed by the Board to Town employment.

MAYOR CAHOON - COMR. OAKES ABSENT FROM BOARD MEETING

Mayor Cahoon noted for the record that Comr. Oakes was absent from today's meeting.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Consideration of Budget Adjustment #2 to FY 07/08 Budget Ordinance

- Tax Settlement Report

- Tax Adjustment Report

- Pond Island Street Assessment Report

- Approval of Minutes

- Request for Public Hearing to consider zoning ordinance text amendment to modify definition of height

- Request for Public Hearing to consider zoning ordinance text amendment to regulate size/placement of freestanding commercial signs

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

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

The Tax Settlement Report, as approved, read in part as follows:

"I hereby certify that records located in the tax office of the Town of Nags Head show an outstanding balance due as of September 19, 2007 of $3,342,955.39 (including DMV) for 2007 taxes. The adjusted levy as of that date is $4,451,827.64 with an unaudited collection rate of 24.91%. The total amount of taxes outstanding for all years is $3,364,640.01.

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In addition, a summary of all outstanding taxes by year is as follows:

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

The Pond Island Street Assessment Report, as approved, read in part as follows:

"Original bills for the ninth annual installment of the Pond Island Street Assessment were mailed out on August 1, 2007 and were due on September 1, 2007. All installments were paid in full before the due date of September 1.

'The only assessment left owing is $123.70 for 113 West Shore Rd. The final installment is due September 1, 2008."

PUBLIC HEARINGS

Public Hearing to consider text amendment to Town Code Section 48-408(b)(14) Permitted Uses within the C-3 Zoning District to allow the use of "Exercise Studio, Dance Studio, and Martial Arts Studio" permitted within the same principle building occupied by other principal permitted uses listed within the C-3 District

Town Attorney Ike McRee introduced the Public Hearing agenda item. Zoning Administrator Kelly Wyatt summarized the Planning Board and Zoning Administrator memo which read in part as follows:

"Mr. Bob Oakes has applied for a zoning ordinance text amendment to Town Code Section 48-408(b)(14), Permitted Uses within the C-3 Commercial Services District (attached). The proposal would modify the recently approved use of “Exercise Studio, Dance Studio & Martial Arts Studio” to allow this use to be permitted within the same principal building occupied by other principal permitted uses listed in this subsection.

'A zoning text amendment to list “Exercise Studio, Dance Studio & Martial Arts Studio” as a C-3 District use was approved by the Nags Head Board of Commissioners on August 1, 2007.

'The C-3, Commercial Services District is limited in location and size, consisting of approximately fifteen (15) lots, twelve (12) of which are currently developed, one of which is a non-conforming single-family dwelling. Due to the limited area of C-3 District and corresponding limited opportunity for the permitting of C-3 District uses within the Town, staff has no objection to multiple permitted uses in single buildings or parcels in this particular zoning district.

'Staff Recommendation

Staff recommends adoption of the proposed ordinance as presented.

'Planning Board Recommendation

The Planning Board, at its August 21, 2007 meeting, voted 4 to 2 to recommend approval of the proposed ordinance as presented.

'Land Use Plan Consistency Review

The proposed text amendment is considered consistent with the Land Use Plan."

Town Attorney Ike McRee opened the Public Hearing at 9:19 a.m.

There being no one present who wished to speak, the Public Hearing was closed at 9:19 a.m.

MOTION: Comr. Gray made a motion to adopt the ordinance concerning exercise, dance, and martial arts studios as presented. The motion was seconded by Mayor Pro Tem Sadler which passed 4 - 0 (Comr. Oakes was absent.).

A copy of the ordinance concerning exercise, dance, and martial arts studios, as adopted, is attached to and made a part of these minutes as shown in Addendum "C".

Public Hearing to consider text amendment to Town Code Section 48-408(b)(15) Permitted uses within C-3 Commercial Services District 4 - proposed amendment would list new use "stone fabrication and sales and service"

Town Attorney Ike McRee introduced the Public Hearing agenda item. Zoning Administrator Kelly Wyatt summarized the Planning Board and Zoning Administrator memo which read in part as follows:

"Mr. Webb Fuller has applied for a zoning ordinance text amendment to Town Code Section 48-408(b)(15), Permitted Uses within the C-3 Commercial Services District (attached). The proposal would modify this section to list the new use of “Stone Fabrication and Sales and Service” within the C-3 Zoning District.

'The intent of the C-3, Commercial Services District is to provide standards for the location of commercial services which are required for the development of the town; such facilities as wholesale food and beverage storage and distribution, building contractor office and storage facilities, and other similar uses which are required elements of a self-sufficient community. Currently the C-3 District allows for ceramic tile contractors, wallpaper sales and installation and carpet sales and installation. The proposed use of “Stone Fabrication and Sales and Service” is consistent with the intent of the C-3 Commercial Services District and deemed compatible with other uses permitted in the District.

'Land Use Plan Consistency Review

This proposed text amendment is considered consistent with the Land Use Plan.

'Staff Recommendation

Planning Staff would recommend approval of the text amendment as presented.

'Planning Board Recommendation

The Planning Board, at its August 21, 2007 meeting, voted unanimously to recommend approval of the proposed ordinance as presented."

Town Attorney Ike McRee opened the Public Hearing at 9:21 a.m.

There being no one present who wished to speak, the Public Hearing was closed at 9:21 a.m.

MOTION: Comr. Gray made a motion to adopt the ordinance concerning stone fabrication and sales and service as presented. The motion was seconded by Mayor Pro Tem Sadler which passed 4 - 0 (Comr. Oakes was absent.).

A copy of the ordinance concerning stone fabrication and sales and service, as adopted, is attached to and made a part of these minutes as shown in Addendum "D".

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

Discussion of Zoning Ordinance Height Regulations

Planning Director Tim Wilson summarized the Planning and Development staff memo which read in part as follows:

"The current zoning definition for “height” was last amended on September 6, 2006. This amendment was originally recommended by the zoning ordinance review committee that had been appointed by the Mayor. The purpose of the proposed amendment was to simplify the definition for easier reading and understanding and to make the definition of height contained in Town Code Chapter 48, Zoning consistent with changes in the measurement of height that had recently been enacted in Town Code Chapter 34, Stormwater. The present zoning definition of height is as follows:

'Height means the vertical distance measured from the tallest part of a building to the lowest ground elevation at the base of the building (finished grade; typically, the top elevation of the driveway or ground floor concrete slab). Height may be measured using the average finished grade at the four corners of the building where fill has not been used to elevate the building. See Section 48-81 for exclusions from height limitations.

'Exclusion from height pursuant to Section 48-81 referenced above reads as follows:

'Sec. 48-81. Exclusions from height limitations.

(a) The height limitations imposed by the regulations of this chapter shall not apply to the following:

(1) Chimney.

(2) Church spire.

(3) Flagpole, when associated with a residential use only.

(4) Mechanical appurtenance.

(5) Monument.

(6) Water tower.

(b) The height limitations imposed by the regulations of this chapter shall not apply to the following, subject to the conditions imposed in this section:

(1) Cupola, provided that the height of the interior floor under the cupola shall not exceed the height limitation for the building, minus eight feet.

(2) Dish antenna, as regulated by section 48-368, dish antenna.

(3) Parapet walls, not to extend more than four feet above the roof line of the building.

(4) Coastal Watch Tower, provided it meets the regulations of Section 48-91, Habitable Floors, the dimensional requirements of the zoning district in which it is proposed and the design criteria as noted in the Residential Design Manual.

(c) No portion of a structure extending above the height limitations of the district in which it is located shall be occupied or intended for human occupancy.

(d) Within the SED-80 district, only chimneys and flagpoles are excluded from the height limitations of that district.

'The above reference zoning ordinance regulations focus on total height requirements and exceptions thereto. The maximum height limit of structures is set forth in the dimensional requirements of each individual zoning district. Additionally, the maximum total height of structures for individual uses, particularly conditional uses such as hotels and multi-family dwellings, may be more or less restrictive than the dimensional requirement of the zoning district if specifically provided for in the ordinance. The most common maximum height limit found in the dimensional requirements of almost every zoning district is 35 feet, with the exception that this 35 feet height limit may be increased to a maximum total height limit of 42 feet provided the structure has a minimum roof pitch of 8/12 and further provided that the top plate measurement of the structure does not exceed 28 feet. This allowed increase in total height from 35 feet to 42 feet was adopted as a result of, and in combination with, the adoption of new residential architectural design standards in August 2003. This increase in total height was to promote increased roof pitch, which was a desired architectural element. However, the Board at that time did not want the permitted increase in total height to result in the increase of habitable floors within single-family dwellings beyond the three habitable floor that were attainable with the standard 35 feet height limit. To that end the Board adopted the 28 feet top plate limit found in the district height regulations. The Board additionally adopted Town Code Section 48-91 which more specifically defines and limits the height of habitable floors within a structure and reads as follows:

'Sec. 48-91. Habitable floors.

(a) For the purpose of this section, area or space above the top plate of a habitable floor which is open, unrestricted, and unobstructed such as used in an a-frame, cathedral ceiling, or opposed shed roof type construction shall not be considered as a part of such habitable floor.

(b) The enclosed area above the top plate of a structure shall not be inhabited by any person or used for any purpose other than the storage of personal effects or property.

(c) The highest habitable floor for a single-family or duplex dwelling shall not exceed a height of 27 feet.

'Since the adoption of the above referenced regulations related to height there have been a limited number of formal zoning applications heard by the Board of Commissioners and the Board of Adjustment to either amend or vary these zoning regulations. The regulations which have been at issue with these applications have typically been either directly or indirectly the top plate or habitable floor height limits. Likewise, most of the discussion that staff has with zoning permit applicants when it comes to the issue of height and compliance therewith tends to be the maximum top plate and habitable floor height limits. The applications that have recently been heard by the Boards include:

• Zoning Text Amendment Application approved by the Board of Commissioner in April 2007 adding coastal watch towers to the list of structures exempt from height limitations.

• Zoning Text Amendment Application denied by the Board of Commissioners in May 2007 to increase the total building height and maximum top plate height for hotels in the C-2 District.

• Zoning Text Amendment Applications denied by the Board of Commissioners in April 2007 and September 2007 to exempt coastal watch towers from the maximum habitable floor height limit.

• Variance Application approved by the Board of Adjustment in August 2007 granting a variance to exceed the maximum top plate height in the construction of a single-family dwelling.

'Top plate and habitable floor height limits were put into place when total building height was permitted to increase from 35 feet to 42 feet. The purpose of these height restrictions was to prohibit habitable fourth story space, which was unwanted at that time. The top plate and habitable floor height regulations as presently written have been successful in accomplishing this intended purpose. But a common argument by those opposed to these top plate and habitable floor limit regulations has been that as long as total building height is not being exceeded, why not allow the owner to construct within the interior space as they see fit? As just noted, the current regulations have been successful in accomplishing the intended purpose of prohibiting fourth story space. However, alternatives for consideration do exist including, but not limited to, increasing the existing height limits to these requirements to allow greater flexibility in design, allowing additional exceptions to these height limits, eliminating specific top plate and/or habitable floor height limits and stating that occupied space shall be limited to a maximum of three stories, or even having no limits on interior habitable space.

'This memorandum presenting a summary of current zoning regulations pertaining to building height, the history of these regulations, and the application requests that have recently been presented to the Board of Commissioners and Board of Adjustments is being provided as information. Staff will be present at the meeting to respond to any questions the Board may have concerning zoning height regulations. Should the Board determine that there is a need or find it advisable to further evaluate and consider possible changes to any the height regulations found in the zoning ordinance, staff will be available to participate in such discussion and receive instruction based upon the concerns noted to specific regulations."

Mayor Cahoon questioned when a house, while being built, is measured; Mr. Wilson explained that measurements are only required once - for the elevation certificate.

Mayor Cahoon stated that it would behoove builders to get their measurements completed early.

It was Board consensus for staff to continue to monitor zoning ordinance height regulations and to keep the Board informed of any issues that arise.

Discussion of proposed ordinance to prohibit commercial signs on rear of buildings

Planning Director Tim Wilson summarized the agenda summary sheet which read in part as follows:

"Attached is a proposed ordinance drafted at the request of the Mayor to address the issue of commercial signage located on the rear of buildings. The purpose of the proposed ordinance is to prohibit commercial signs from being displayed on the rear of buildings. To accomplish this purpose, Town Code Section 48-284(2) would be amended to prohibit wall signs, banners, and display of roof signs on the rear of commercial buildings. This item is being presented for Board discussion."

It was Board consensus to initiate the zoning ordinance text amendment process to prohibit commercial signs on the rear of buildings.

Discussion of proposed ordinance to require commercial signage as required information in review of site plans

Planning Director Tim Wilson summarized the agenda summary sheet which read in part as follows:

"Attached is a proposed ordinance drafted at the request of the Mayor to address the review of proposed commercial signage as part of the commercial site plan application review and approval process. Proposed signage is currently not among the list of require site improvement information that must be shown on commercial site plans. Signage has typically been permitted after site plan approval by separate zoning permit approval. The proposed change to Town Code Section 48-524 would require proposed wall signs, roof signs, and freestanding signs be shown in the site plan submittal. This item is being presented for Board discussion."

Mayor Pro Tem Sadler questioned requirements for shopping center stores when it is not known yet who the tenants will be. It was explained that any portion of the site plan may be amended at any time.

It was Board consensus to initiate the zoning ordinance amendment process to include commercial signage as required information in the review of site plans.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Discussion of disposition of staff cottages at Jennette's Pier site

Mayor Pro Tem Sadler stated that NC Aquarium official Neal Conoly spoke at a recent Jennette's Pier meeting concerning the use of the staff cottages at the Jennette's Pier site for affordable housing - six (6) cottages are in good condition, painted and fully-equipped. If the Town utilized the cottages, it would be getting back into the cottage court industry. She feels that the County or the Community Development Corporation can utilize those cottages somewhere and make them affordable housing for the many that need it.

It was Board consensus to take no action toward procuring the staff cottages at the Jennette's Pier site. Staff was directed to notify the Community Development Corporation Chair, Bob Muller, that he may want to consider the cottages for affordable housing.

Mayor Pro Tem Sadler mentioned the Council of State accepting the property; Town Manager Cameron reported that he recently received a phone call from David Griffin from the Aquarium stating that the Council of State has unanimously accepted the request and the property is now in the control of the State.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee requested a Closed Session to discuss attorney/client privilege in accordance with NCGS 143-318.11(a)(3).

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Charlie Cameron - Update on Town-wide stormwater program, landscaping, and sign reduction

Public Works Director Dave Clark - Update on Town-wide stormwater program

Public Works Director Dave Clark updated the Board on the Town-wide stormwater program. He explained that a letter will be forwarded to residents in the Northridge, Nags Head Acres, and Vista Colony subdivisions to summarize Town projects of which the goal will be to do whatever possible in the Town's right-of-way to keep stormwater off Town streets. Town forces and equipment will be utilized to establish and re-establish swales.

Town Manager Cameron noted that NC DOT has agreed to fix road shoulders in spring 2008 so high spots can drain off.

Public Works Director Dave Clark - Update on landscaping

Public Works Director Dave Clark updated the Board on Town-wide landscaping. He explained that at this time of year, after the summer season, the focus is shifting to grinding brush to be used for mulching plant beds along the bypass. In response to Mayor Pro Tem Sadler, Mr. Clark stated that the mulch should be available by the end of October 2007 for use by the Town as well as by citizens.

Town Manager Cameron - Update on Town-wide sign reduction

Town Manager Cameron updated the Board on staff's efforts in Town-wide sign reduction. A ride-around will take place next week by Town staff to finalize sign status and information will be provided to the Town's Sign Committee (Mayor Pro Tem Sadler, Comr. Oakes, and resident David Masters). The Committee is expected to provide a report to the Board at the November 7, 2007 Board meeting. Town staff is reviewing beach access signage as well as residential neighborhood signage. Town Manager Cameron reported that NC DOT has agreed to paint crosswalks in time for next year's season; they have also allowed for the recombining of specific signs.

In response to Mayor Pro Tem Sadler, Town Manager Cameron said that he would contact NC DOT concerning signage used in pedestrian crosswalks in the Town of Southern Shores.

Public Works Director Dave Clark - Update on west side multi-use path

Public Works Director Dave Clark updated the Board on the west side multi-use path; he stated that a proposed contract is now being reviewed by NC DOT; request for bids may be issued next week.

Mayor Cahoon asked Mr. Clark to provide an update to include the costs of the west side path project when the bids are received.

Public Works Director Dave Clark - Discussion of bulk item pickup practices and policies

Public Works Director Dave Clark discussed with the Board the Town's bulk item pickup policy; brush is picked up year-round and bulk items are picked up October through April. Staff is seeing bulk item drop-offs from May to September; out-of-town property owners won't receive a letter identifying their policy violation until it is too late so staff tends to just pick up the bulk items. Mr. Clark suggested a modification to the Town's ordinance to allow staff to contact the rental agency, as property manager, as necessary to inform them of the Town's policy.

Roc Sansotta, Cove Realty; stated that all summer long in South Nags Head all types of debris are left on the side of the road for pickup; he agreed with staff's suggestion that the property manager be contacted to take care of the problem.

Mayor Cahoon suggested having a meeting in spring with property managers and have them buy into this suggestion.

It was Board consensus to consider a modification to the Town Code to allow rental agency - property managers - to be contacted when the Town's bulk item pickup policy is violated.

Comr. Remaley agreed but noted that Nags Head, as a resort Town, may be difficult to get to completely adhere to the policy.

Mayor Cahoon also mentioned the possibility of extending the days for sanitation landfill for residential pickup - due to the trash put out on Sundays during the summer season.

Public Works Director Dave Clark - Update on Conch Street as ocean outfall beta test site

Public Works Director Dave Clark provided an update on the Conch Street ocean outfall beta test site. Moffit Nichol consultants are working on the smart technology and the design should be finalized in two (2) weeks; by the end of October 2007 the Town should have the documentation for Board review that indicates responsibilities. The project should be ready to go to bid after that time.

Mayor Cahoon questioned the status of the repair of the Conch Street ocean outfall; Mr. Clark stated that it is anticipated that repair of the outfall will begin late October/early November 2007.

Town Manager Charlie Cameron - Village at Nags Head stone wall in Town's right-of-way

Town Attorney Ike McRee reported that he has drafted a letter to the property owner of the stone wall that was constructed in the Town's right-of-way in the Village at Nags Head. The letter indicates that the wall must be removed by the end of October 2007.

MAYOR’S AGENDA

Mayor Cahoon - Nags Head Surf Fishing Tournament

Mayor Cahoon wished all participants in the October 4 - 6, 2007 Nags Head Surf Fishing Tournament good luck and lots of fish.

Mayor Cahoon - June/Indigo Street Beach Access dedications

Mayor Cahoon stated that she will be meeting with the Chair of the Dare County Tourism Board to schedule the June/Indigo Street Beach Access dedications. She will inform the Board of the date(s) when scheduled.

Mayor Cahoon - OBX Marathon

The OBX Marathon Color Program Coordinator has requested a Nags Head liaison to be the Town’s ambassador for its color program. Mayor Cahoon appointed Citizens Advisory Committee - either the Chair or Vice-Chair - to take on those duties.

Mayor Cahoon - Discussion of proposed Sea Glass project

Mayor Cahoon reported that officials met at the Roanoke Island Aquarium recently at a meeting hosted by Sen. Basnight to discuss tracking glass movement (Sea Glass project) in the ocean. In addition, the municipalities and Dare Co. will share the cost of a glass pulverizer to grind glass that may be used for other purposes, i.e., sidewalks, etc. The Sea Glass project is to begin January 1, 2008 when every restaurant will be required to recycle certain types of beverage glass.

Mayor Cahoon - Employee of the Year

Mayor Cahoon requested a Closed Session to discuss the 2007 Employee of the Year nominations in accordance with NCGS 143-318.11(a)(2).

BOARD OF COMMISSIONERS AGENDA

Comr. Gray - Response to League of Women Voters representative Dru Ferrence remarks made during Audience Response

Comr. Gray stated that the League of Women Voters holds the candidate forum every year for residents to question candidates on key issues; this year he and Comr. Oakes are running unopposed in the Nags Head election. He respects the League of Women Voters and what they do but his choice is to not attend the forum this year - if anyone else were running, Comr. Gray said that he would have no problem with attending a candidate forum.

Mayor Pro Tem Sadler supported Comr. Gray’s decision and stated that residents are more aware than ever of the issues via publicly broadcast Board of Commissioners meetings, the webcast, email broadcast, the Town’s web site, etc. She stated further that since no one else is running except for the incumbents, there is not much of a need for a candidate night/forum.

Comr. Gray - Report on career development/employee benefits

The agenda summary sheet for Comr. Gray's agenda item concerning career development/employee benefits read in part as follows:

"At the October 3rd Board of Commissioners meeting, Comr. Gray will report on the findings from his recent review of employee career development program.

'Comr. Gray, Mayor Pro Tem Sadler, Town Manager Charlie Cameron, and employees Bonita Hurdle, Roberta Thuman, and Carolyn Morris recently met to discuss career development. Some suggestions for modification to the Career Development Program are as follows:

'1. Delete community involvement/service

2. Allow Career Development eligibility at the end of two (2) years

3. Delete Vesting

4. Replace "Tiers" with "Participation Year 1, 2, etc."

5. For new applicants, no Career Development pay until completion of first year of participation

6. Include some type of commitment on part of employee

7. Make employee anniversary date the implementation date"

It was Board consensus that Mayor Cahoon appoint the same members as previously appointed to form a committee and bring back a total package of recommendations on the Town’s career development/employee benefits program for Board consideration. No specific timeline was identified.

Town Manager Cameron, in response to Mayor Pro Tem Sadler, stated that department reviews of all career development applicants were not being performed each year as specified in the policy. However, for the current year, a department review was recently completed with several applications being returned to the employee for not meeting specified criteria.

Comr. Remaley - National Park Service fire protection

Comr. Remaley requested authorization to meet with National Park Service staff to finalize the fire protection plan for federal property by the Town. He stated that he recently met with Park Service Superintendent Mike Murray and his Chief Ranger and they indicated that they are now willing to give Nags Head $25,000 plus the use of their vehicle to be used for protection.

Mayor Cahoon directed Comr. Remaley, Town Manager Cameron, and Fire Chief Butch Osborne to meet with National Park Service staff and to bring back for Board review a proposed one-year agreement for fire protection for Park Service property, to be renewable by either party.

Mayor Pro Tem Sadler - Beach Nourishment Project permits

Mayor Pro Tem Sadler requested an update on the beach nourishment project permitting process.

Town Manager Cameron reported that Deputy Town Manager Richardson worked with the Corps of Engineers to begin the formal beach nourishment project permitting process; there are still concerns about endangered sea turtles, etc. and formal consultation is underway. Coastal Science Engineering has been asked to monitor and where possible to expedite this process; he does not know until the COE makes the final determination as to when the Town will receive the permits. Town Manager Cameron feels that progress is being made as a direct result of Mayor Cahoon/Deputy Town Manager Richardson visiting the COE office in Wilmington several months ago.

Town Manager Cameron pointed out further that a governmental agency has to be the applicant for the project, i.e., an individual cannot request/receive any of the required permits.

Mayor Pro Tem Sadler - Spear fishing

Mayor Pro Tem Sadler suggested to Town Manager Cameron that Police Chief Wayne Byrum be prepared to respond to questions about spear fishing issues when the proposed ordinance is brought forward again for Board consideration.

Town Manager Cameron noted that when this matter comes forward Chief Byrum will explain to the Board the enforcement strategy that the Police Division will use for spear fishing violations.

Mayor Pro Tem Sadler - Request for Closed Session

Mayor Pro Tem Sadler requested a Closed Session to discuss an attorney/client privilege issue in accordance with NCGS 143-318.11(a)(3).

CLOSED SESSION

MOTION: Comr. Remaley made a motion to enter Closed Session to discuss attorney/client privilege issues and an employee of the year honorarium in accordance with NCGS 143-318.11(a)(3) and (2) respectively. The motion was seconded by Comr. Gray which passed 4 - 0 (Comr. Oakes was absent.). The time was 11:30 a.m.

OPEN SESSION

The Board re-entered Open Session at 11:55 a.m. Town Attorney Ike McRee reported that during Closed Session Board members consulted with him on attorney/client privilege issues and provided directions on how to proceed; the Board also discussed an employee honorarium.

ADJOURNMENT

The Board adjourned to the Town Manager's six-month review in Closed Session in accordance with NCGS 143-318.11(6). The time was 11:56 a.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________

M. Renée Cahoon

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