DRAFT TOWN OF NAGS HEAD



DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

RECESSED MEETING

MID-MONTH SESSION

February 15, 2006

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, February 15, 2006.

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

Comr. Bob Oakes; and Comr. Doug Remaley

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Seth Lawless; Town Attorney Ike McRee; Deputy Town Manager/Public Safety Director Charlie Cameron; Dave Clark; Tim Wilson; Bruce Bortz; Kim Kenny; Roberta Thuman; Chaz Winkler; Annette Ratzenberger; John Ratzenberger; Yogi Harper; Webb Fuller; Harry Thompson; Ed Mays; Ray Midgett; Matt Artz; and Town Clerk Carolyn Morris

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

AUDIENCE RESPONSE

Ed Mays, Nags Head resident; stated that he was not pleased that he received an email from the Town indicating that as a subscriber to the Town’s email broadcast, his personal email address was public record; his email address was being released to Southern Shores resident Ray Midgett who had requested a listing from the Town of all its email broadcast addresses.

Yogi Harper, on behalf of several property owners on Surfside Drive; their houses have no water nor access; owners have obtained Brough Law Firm to procure variances, etc.; he would like to know what the Board has in mind for Surfside Drive.

There being no one else who wished to speak, Audience Response was closed at 7:33 p.m.

At Mayor Cahoon's request, in response to Mr. Mays’ comments, Town Attorney Ike McRee explained that the email address list is public record and when requested by Ray Midgett of Southern Shores, Town staff was required to provide the information. Mr. McRee noted that State legislation introduced last year did not pass that would have excluded individual email addresses as a public record when subscribing to a governmental entity.

Town Attorney Ike McRee was directed to bring forward a resolution for Board consideration in support of proposed legislation that would exclude email addresses as a public record when subscribing to a governmental entity.

Discussion of Beach Nourishment projects

The memo from the Beach Nourishment Committee dated February 7, 2006 was presented to the Board and read in part as follows:

"Attached please find the financing plan recommendation from the Town’s Beach Nourishment Committee. The Committee reviewed a wide variety of funding options.

'We are recommending a plan that we believe distributes the burden of beach nourishment fairly.

'We have included 4 documents in this report

1. Recommended Financing Plan

2. Questions for developing a financing plan

3. NCGS 160a Article 23 Municipal Service Districts

4. Analysis of the recommended plan costs for selected properties

'We look forward to discussing our recommended plan with you. We want to thank Seth Lawless, Dave Clark, Bruce Bortz and Carolyn Morris for their support and Andy Garman for his help providing GIS information for our report.

'Town of Nags Head Beach Nourishment Committee Recommended Financing Plan

'The Beach Nourishment Committee recommends that the Board of Commissioners fund the cost of a locally funded nourishment project using the following formula:

25% All Nags Head taxpayers

50% Assessment on properties east of Hwy 12 and Hwy 1243, in the project area

25% Dare County Shoreline Management Occupancy tax funds

'For a $30,000 000 project, financed over 5 years at 4% interest this would mean

5.6 cent tax increase for all Nags Head properties each year for 5 years

32.1 cent assessment for all properties east of Hwy 12 and Hwy 1243, in the project area each year for 5 years

$1,619,907 annual contribution from Dare County for 5 years

'We believe this formula provides a fair distribution of the costs relative to the benefits received. Further we believe the benefits of a beach nourishment project far outweigh the costs for any and every property in Nags Head.

'This report is a summary of our findings, We have attached a discussion of the issues considered in coming to this recommendation as well as a series of examples of how this formula would affect individual properties.

'The Committee recommends using the service district method to distribute the cost. The committee evaluated the 2 methods available to the Town for distributing the cost to benefiting properties. Either Assessment under NCGS 160a –238 or a service district as set out in NCGS 160a Article 23. The first method offers a variety of assessment methods including linear feet, area and the value of the land in the area served. Service Districts assess costs through the levy of additional ad valorem taxes for the service district. This second method seemed to offer the fairest way to assess cost. The more valuable the property protected by the project the greater the contribution to the project.

'The Committee recommends establishing a single service district which would include all the property in the project area east of Hwy. 12 and Hwy. 1243. The committee first considered a formula based on the work of the Dare County Beach Nourishment Committee, This plan involved 3 separate benefit zones. The Dare County plan and plans using similar structures were founded to assess too much cost to properties between Hwy 12 and Hwy 158 and west of Hwy 1243. They also created logistical problems since each separate benefit zone would have to pass any referendum held to issue bonds. A single tax district primarily of ocean front property owners simplifies a referendum and clearly puts the bulk of the cost on the properties that get the bulk of the benefit.

'The Committee recommends requesting an annual contribution of $1,619,907 or 25% from Dare County. Dare County’s Shoreline Management Fund had a balance of $4,872,224 at the close of FY 04-05. The current county budget projects an increase in that fund of $2,548,165 for this fiscal year. Increases of a similar amount can be projected for this fund until the County begins to spend money on projects. Currently the county has no plans to spend this money other than the federal project. We assume the Town would not proceed with the proposed local plan if the Federal plan were forthcoming. This means that if the Town were to proceed we could expect a balance of around $10,000,000 in this fund by the spring of 2008. A town request for slightly more than half the annual receipts for this for the next five years would still leave the fund with a balance around $15,000,000 at the end of the 5 year period.

'The following supporting documents are included with this memo:

Questions in developing the financing plan

NCGS 160a Article 23 Service Districts

Plan work sheet with example"

Annette Ratzenberger, member of the Town Beach Nourishment Committee, described the proposed local Town project as defined by Coastal Science Engineering (CSE) at a previous Board meeting. She stated that the proposed project utilizes the Environmental Impact Statement (EIS) for the federal project; the local project fits within the definition of a Corps of Engineers "emergency" project.

The powerpoint presentation by Ms. Ratzenberger included the following slide titles:

Requirements for Plan

Assumptions

$30 million project; financing over five years; with 4% annual interest rate

Funding sources

Federal, State, County, Town tax revenues, and Assessments on specific property owners

Assessment methods

Assessment Zones

Oceanfront, oceanside, west of hwy 1243, and between highway 12 and highway 158

Recommended sources

Dare County 25%, Town property tax 25%, Assessment - oceanfront/oceanside properties 50%

Dare County Revenues

Ad Valorem Tax Increase

Assessment

Examples of commercial and residential properties and amount they would pay

Mayor Cahoon reported that the Board will schedule a beach nourishment workshop for more in-depth discussion on the Board's options.

Chaz Winkler, Nags Head resident; he asked if a simple yes or no concerning beach nourishment has been asked of property owners. Mayor Cahoon noted that the survey on the land use plan will include a similar question.

On behalf of the Board, Mayor Cahoon thanked Ms. Ratzenberger and the Town Beach Nourishment Committee for their presentation.

Discussion of Harvey Soundside Beach Access

Town Manager Seth Lawless summarized the agenda summary sheet which read in part as follows:

"The Harvey Soundside Beach Access, currently under construction during a remodeling project, will be discussed at the February 15, 2006 Board of Commissioners meeting.

'At the February 1, 2006 Board meeting it was questioned how the access could be made more environmentally friendly. Attached please find a quote from Earth Saver detailing some improvements for the site."

The Cistern description was presented to the Board and read in part as follows:

"Solar Hot Water Heater System and Cistern Water Collection System for Harvey Sound Access

'Solar Hot Water Heater System: 25 Gallon Hot Water Heater with electric backup, solar collector, all applicable hardware and piping, fully installed $3,200.00

'Cistern Water Collection System: (2) 1,100 gallon Polypropylene tanks one to be covered with Cypress lumber and metal roof to match building second tank to be placed under building, platforms for tanks to rest on, all gutting and down spouts to collect water to be fabricated to match building, pump and pressure tank, control box, all applicable hardware and plumbing, fully installed $6,050.00

'Total cost of project: $9,250.00

'Note: Cistern Water Collection System will be used to flush toilets within the facility and some irrigation."

Comr. Remaley stated that while there may be a cheaper way, this is the environmentally correct thing to do.

It was Board consensus for staff to continue with its grant research from DCM and with Ms. Nancy White, Coastal Studies Institute, pursuing other funding avenues for the environmentally friendly improvements for the Harvey soundside access side and to bring back results for Board review.

Consideration of Septic Health Initiative Program Policy

Deputy Planning Director Bruce Bortz summarized the proposed Septic Health Initiative Program policy which included check endorsement by both the applicant and the contractor.

MOTION: Comr. Remaley made a motion to approve the Septic Health Initiative Program policy as presented. The motion was seconded by Comr. Gray.

Comr. Oakes confirmed with staff that there had only been a few instances where check endorsement had been an issue.

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

The policy, entitled Septic Health Initiative Program, as approved, read in part as follows:

"Board of Commissioners Policy

Septic Health Initiative Program

(Adopted February 15, 2006)

'Septic Tank Inspection and Pumping Program - Staff is to contract with independent inspectors to perform septic tank inspections. The inspection form will document the condition of the septic system. Staff will contact the homeowner and advise them of the results of the inspection and the need to pump the tank.

'Staff is to “open up” the program to all septic tank pumpers and expand the pumping program from 8 months (September - April) to an 11 month program (July - May). In order to receive a $30.00 water credit, the homeowner is only to send to the Town proof that the tank was pumped. Water credits are valid for 90 days from issuance.

'Repair/Replacement Loan Program - The cost for repair/replacement loans is increased to $5,000. For both owner occupied homes and non-owner occupied homes, the loan rate is prime less 2.5%. Loans are to be repaid at least monthly and for up to three (3) years.

'Septic system repairs under the Loan Program. Upon request from the Deputy Director of Planning and Development, or his designee, the Town shall issue the loan repair check made out to both the applicant and the contractor who performed the work. Endorsement from both is required."

Request for authorization to apply for grant from Division of Coastal Management

for access improvements

Town Manager Seth Lawless introduced the request to apply for grants from Division of Coastal Management for various beach access improvements.

Deputy Planning Director Bruce Bortz described each access and the proposed improvement. The Planning and Development letter dated February 9, 2006 was presented to the Board and read in part as follows:

"The North Carolina Department of Environment and Natural Resources - Division of Coastal Management - is requesting grant proposals from units of government for beach access projects. The pre-application deadline is February 28, 2006. Final applications are due April 28, 2006 and the anticipated contract period would be September 1, 2006 to September 29, 2007.

‘Public Works has selected a number of projects for consideration and they are listed below. Local government must contribute at least 25% of the project costs.

'E. June St. June Street currently has a handicapped walkway but no improved parking. The project would include: Parking lot construction, shower installation, water tap, bike rack, lighting, landscaping and a sand blasted sign.

Total - $73,000.00

'E. Indigo St. Indigo has a handicapped crossover, but has no improved parking. The project would include: Parking lot construction, shower installation, water tap, bike rack, lighting, sand blasted sign and landscaping.

Total - 66,000.00

'E. Islington St. Islington has a crossover (not handicapped accessible) and has no improved parking. The project would involve: Parking Lot construction, shower installation, water tap, bike rack, lighting, and sand blasted sign and landscaping.

Total - $73,000.00

'E. Isabella St. Isabella has only a small gravel parking lot. The proposed project would include installation of a crosswalk, parking lot construction, shower installation, water tap, bike rack, lighting, sand blasted sign and landscaping.

Total - $144,000.00

'W. Forrest St. Sound access crosswalk. This area is currently unimproved. The proposed project at the north end of Old Road would involve the construction of a crosswalk to the sound and a bike rack.

Total - $50,500.00

'E. Bittern St. This project would involve the replacement of a crosswalk and the placement of a sand blasted sign.

Total - $46,500.00

'E. Abalone St. The project would involve the replacement of a crosswalk, shower installation, water tap, bike rack and sand blasted sign.

Total - $56,000.00

'Town Hall. Crosswalk replacement - This project would involve the replacement of the crosswalk and the placement of a sand blasted sign.

Total - $76,500.00

Total all projects: $ 585,500.00

'The Planning staff, Public Works staff and the Town Manager are recommending that the Town submit pre-applications for all of the projects except Bittern and Town Hall. The preliminary estimated project cost would be $462,500.00 less a Town cash match of $115,625.00.

'Staff will review the above projects at the February 15, 2006 mid-month meeting and will apply for access grants from the Public Beach and Coastal Waterfront Access Grant Program as recommended by the Board of Commissioners.

'Staff also anticipates requesting authorization to apply for a “Short-Term Restricted Grant” from the Outer Banks Visitors Bureau (OBVB) later this year. In the past, the Town has used Short-Term Restricted Fund Grants to satisfy our required 25% DCM match. Bittern, Abalone and Town Hall projects are replacement projects and not subject to funding by the Outer Banks Visitors Bureau.

'If the Town is successful in securing DCM funds, the DCM funds are anticipated to become available on September 1, 2006. Should the Town successfully apply for and receive Short-Term Restricted Grant Funds from the Visitors Bureau, those funds would be available in July 2007. At this time the Division of Coastal Management anticipates a grant cycle of 13 months with a contract completion date of September 29, 2007. In the past the Town has requested and received grant extensions to complete projects. G rant extensions have been done on a case by case basis by DCM. In the last funding cycle the Division of Coastal Management extended the contract time to eighteen months.

'Public Works staff has identified the following projects in their CIP requests for repair/replacement of existing accesses: Town Hall Access; Abalone Street, and Bittern Street."

Mayor Pro Tem Sadler expressed her concern that the Town may be asking for too much and may be unable to complete construction.

Town Manager Seth Lawless explained that a lot of the improvements are not major projects; the unpaved parking lots with handicapped ramps are critical.

Public Works Director Dave Clark explained that several of the improvements do not involve heavy carpentry work and only involve the paving of parking lots and should be able to be completed in a short period of time.

Mayor Cahoon noted that DCM is encouraging the construction of soundside accesses.

It was Board consensus that the following accesses be included in the request for Division of Coastal Management grants for access improvements: June Street, W. Forrest Street, Bittern Street, Town Hall, and Indigo Street.

Discussion of lot fill ordinance which expires April 2006

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

"The attached lot fill ordinance was adopted by the Board on August 3, 2005 and applies to sites where natural elevation has been increased by more than three (3) feet of fill. If more than three (3) feet of fill is deposited, on-site stormwater management facilities are required to retain run-off from the first two (2) inches of a storm event.

'The lot fill ordinance expires April 5, 2005 and is brought forward for Board discussion and to provide direction to staff prior to its expiration."

Comr. Oakes questioned how the ordinance has worked; Mr. Wilson responded that no permits have been denied because of the ordinance; there is a little additional expense added to a building permit as plans do have to be reviewed by the Town Engineer.

Mayor Pro Tem Sadler asked Mr. Wilson what would he address concerning the lot fill issue if he could; Mr. Wilson said that he would probably address commercial lots and fill - he does not see the need to fill commercial lots.

It was Board consensus that staff prepare separate proposals for Board review which delineates between residential and commercial lot fill for the April 2006 Board meeting.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee - Conflict of Interest training

Town Attorney Ike McRee reported that at the Board of Commissioner’s request he will be meeting with the Town Planning Board and Board of Adjustments concerning conflicts of interest at their respective March 2006 meetings.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Seth Lawless - Report on meeting with NC DOT Division Engineer - Anthony Roper

Town Manager Seth Lawless summarized his report on the meeting between staff and NC DOT on February 7, 2006 which read in part as follows:

"Report on February 7, 2006 meeting with DOT

Present: Division Engineer Anthony Roper, District Engineer Gretchen Byrum, Maintenance Engineers Allen Russell and Sterling Baker, Charlie Cameron, Dave Clark, Ralph Barile, and Seth Lawless

'Town presented a list of discussion items:

1. Town to contract for US 158 ROW mowing - The Division office will prepare a proposal and forward to the Town in the coming weeks.

2. Town to contract for SNH ditch maintenance - DOT not interested in pursuing such an agreement but will attempt to do some work on the ditch this spring.

3. Hwy 1243 widening projects issues - When the Town asked about swales of the east side of the right of way between the MU path and road, DOT stated that the project includes a number of french drains in areas prone to flooding. Five culverts need to be replaced prior to the final asphalt application and DOT states that they have the funds to replace three. The Town agreed to purchase the culvert pipe for the other two and DOT will install. Cost approximately $1,100.

5. Ocean outfall maintenance - The outfall pipes on the beach at milepost 10.5 and at Curlew Street are in bad shape. DOT will investigate permitting issues.

6. NH Elementary School zone flashing signs - Normally these types of signs are paid for by the requesting agency. Charlie Cameron has relayed this to School System Construction Supervisor Jim Winebarger and was told that the school system is interested in having the signs installed.

7. US 158 multi-use path - The Transportation Improvement Program includes $160,000 for a pedestrian/bike path. Some uncertainty about source of the funding, which would determine construction requirements. Sterling Baker is researching and will get us an answer.

8. Safety improvements to Baum Bridge - DOT seeking funding.

9. US 158 traffic arms to include street signs - DOT getting costs. Possible cost sharing project.

10. MOU on debris cleanup of DOT roads following storm event - No progress has been made on this and the Division Engineer suggested we contact our Board of Transportation representative"

Town Manager Seth Lawless - New South Nags Head Fire Station

Public Safety Director Charlie Cameron reported that he received this morning a temporary Certificate of Occupancy (CO), issued by Town Chief Building Inspector Ronnie Ballance, for the new South Nags Head Fire Station. A ribbon cutting/dedication ceremony will be scheduled at a later date.

On behalf of the Board, Mayor Cahoon thanked all those involved in the new fire station project.

Town Manager Seth Lawless - Surfside Drive sandbag permit

Public Works Director Dave Clark reported to the Board that a CAMA permit has been issued for sandbag installation at 111 Surfside Drive. He expressed his concern that if a storm/northeaster occurs, a portion of Surfside Road could be degraded which could also prove a risk to the waterline that serves the road because of the placement of the sandbags. He stated that the Town was not notified, and is not required to be notified, of the permit being issued. He wanted to make sure the Board was aware of this issue.

Town Manager Seth Lawless asked staff to obtain a copy of the CAMA permit to determine the parameters to see if there are gaps.

Comr. Oakes asked staff to contact CAMA to see if the Town can be slated to be notified of all issued permits if it abuts a Town right-of-way.

Mayor Cahoon said that while it is not a requirement for DCM to notify the Town of permits issued, the Town can always make a request. It was Board consensus that CAMA be contacted to obtain a copy of the sandbag permit for 111 Surfside Drive to assist in determining gap areas.

MAYOR’S AGENDA

Mayor Cahoon - Announcement of Nags Head Elementary School Open House

Mayor Cahoon announced that the Nags Head Elementary School Open House is scheduled for Tuesday, February 21, 2006 at 6:30 p.m. She noted that it would be a good opportunity to tour the new school.

Mayor Cahoon - Surfside Drive inquiry during Audience Response

Mayor Cahoon brought forward an inquiry made during Audience Response by Yogi Harper concerning Surfside Drive houses and waterline restoration.

Town Attorney Ike McRee reported on easements not yet received and property on the north end of Surfside Drive that attorney Max Busby purchased.

Public Works Director Dave Clark explained that the four (4) houses without water on Surfside Drive must grant an easement in order for the Town to install their waterline; if holding out for a vehicle access on the west side, the waterline should be installed on the east side. It was Board consensus that staff contact the four (4) Surfside Drive property owners that have no water concerning a waterline easement and that an update be brought back to the Board.

Mayor Cahoon - Town’s email broadcast - brought forward during Audience Response

It was Board consensus that the Town’s web site contain notification to all those interested in subscribing or who have already subscribed to the Town’s email broadcast that their email address is a matter of public record; if requested, it must be provided. Subscribers and potential subscribers should be informed of this until legislation is enacted that would provide that this email information is not a public record.

BOARD OF COMMISSIONERS AGENDA

Comr. Gray - Trip to Bald Head Island for beach nourishment

Comr. Gray and Town Manager Seth Lawless visited Bald Head Island earlier this week to view a beach nourishment project. A report will be provided at an upcoming Board meeting.

Comr. Gray - Out of Town

Comr. Gray reported that he would be out of Town from February 17, 2006 until the end of March 2006.

Mayor Pro Tem Sadler - Friday updates from Town Manager

Mayor Pro Tem Sadler expressed her appreciation for Town Manager Lawless’ updates to Board members every Friday. She requested that department heads also provide Board members with weekly updates from their respective department. Comr. Sadler said she has not received many updates from the Planning and Development Department. Other Board members said that they would prefer to receive updates only from Town Manager Lawless and not from each department head.

Town Manager Lawless said he would make sure Planning and Development items are included in his weekly updates to Board members.

Mayor Pro Tem Sadler - Out of Town

Mayor Pro Tem Sadler said that she would be out of Town during the month of March 2006 so she will miss the March 1, 2006 Board meeting.

Comr. Oakes - Children and Youth Partnership

Comr. Oakes reported that the Children and Youth Partnership is sponsoring the State of the Child Conference on March 31, 2006. Director Loretta Michael can be contacted for additional information. Comr. Oakes stated that the Partnership improves the quality of life for children in Dare County.

Comr. Oakes - Stormwater Study

Comr. Oakes expressed his concern and trepidation about the Town authorizing the Town Stormwater Study at the last Board meeting. He feels the funds could be better utilized such as to clean out the South Nags Head ditch.

Public Works Director Dave Clark reported that the final contract for the Study is being prepared.

Mayor Pro Tem Sadler said that she also originally had some issues similar to Comr. Oakes. Comr. Gray and Comr. Remaley stated that they would rely on Public Works Director Dave Clark's recommendations; Mayor Pro Tem Sadler agreed.

Comr. Gray - Water bill stormwater fee

Comr. Gray confirmed with Finance Officer Kim Kenny that the $2.00/month charge on each property owner’s water bill is a fee and not a tax and does not contain a sunset clause.

CLOSED SESSION

MOTION: Mayor Cahoon made a motion to enter Closed Session for a personnel evaluation in accordance with GS 143-318.11(a)(6). The motion was seconded by Comr. Remaley which passed unanimously. The time was 9:44 p.m.

OPEN SESSION

The Board re-entered Open Session at 9:54 p.m. Town Attorney Ike McRee noted that no final actions were taken during Closed Session.

Mayor Cahoon - Beach Nourishment Workshop scheduled

It was Board consensus to schedule a Beach Nourishment Workshop, in response to the presentation from the Town Beach Nourishment Committee, for Wednesday, February 22, 2006 at 7:30 p.m. in the Board Room. Staff was directed to provide public notice and to notify all those individually who have specifically expressed an interest.

ADJOURNMENT

The Board adjourned at 9:56 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________

M. Renée Cahoon

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