DRAFT TOWN OF NAGS HEAD



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TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

November 5, 2008

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 9:00 a.m. on Wednesday, November 5, 2008.

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

Comr. Doug Remaley and Comr. Bob Oakes

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Charlie Cameron; Attorney John Leidy; Cliff Ogburn; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Bonita Hurdle; Tim Wilson; Bruce Bortz; Angela Welsh; Kelly Wyatt; Roberta Thuman; Rob Digby; Nancy Carawan; Andrew Rullman; Richard Gibbons; Roc Sansotta; Michelle Pharr; Ken and Georgia Selhorst; Susan Boncek; Eddie Valdivieso; Paula Hodges; and Town Clerk Carolyn Morris

CALL TO ORDER

Mayor Cahoon called the meeting to order at 9:00 a.m. which was followed by a moment of silent meditation and the pledge of allegiance.

Mayor Cahoon complimented all staff involved in getting the Board Room into shape after yesterday's election.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the November 5, 2008 agenda as presented. The motion was seconded by Comr. Oakes which passed unanimously.

AUDIENCE RESPONSE - MICHELLE PHARR

Michelle Pharr, VP Landmark Hotel Group which runs Comfort Inn in South Nags Head; sandbags are the only tool allowed by CRC and they require uncovered bags to be removed; the Mayor's silence has provided no opposition to maintaining the sandbags; she would like to see the Board take a position in favor of private property owners rights for protection of their property; sandbag guidelines have deviated from the CRC original charter; there is much more loss without sandbags; she spoke in favor of groin installation; she asked for leadership in order to work together for shoreline protection; she asked that the Board take control of the issue with CRC.

AUDIENCE RESPONSE - SUSAN BONCEK

Susan Boncek, Nags Head resident and business owner; spoke representing the OBX Marathon as color coordinator; the Town of Nags Head's color is purple; various colors impact where the Marathon will actually take place; she hopes everyone will get into the spirit.

On behalf of the Board, Mayor Cahoon thanked Ms. Boncek for all the work she has done for the Marathon.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

Public Safety Director Dave Clark introduced Water Plant Superintendent Nancy Carawan who was recognized by the Board for five (5) years of service with a Certificate of Appreciation.

Planning and Development Director Tim Wilson introduced Zoning Administrator Kelly Wyatt who was recognized by the Board for three (3) years of service with a Town Cross pen.

Fire Chief Butch Osborne introduced Firefighters/EMT's Andrew Rullman and Richard Gibbons who were recognized by the Board for three (3) of service with Town Cross pens.

INTRODUCTION OF NEW EMPLOYEES

Police Chief Wayne Byrum introduced Police Officer Rob Digby who was welcomed to Town employment by the Board.

Town Manager Cameron noted that the Nags Head Police Division is now at full staff.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

Consideration of Budget Adjustment #5 to FY 08/09 Budget Ordinance

Consideration of Tax Adjustment Report

Approval of Minutes

Request for Public Hearing to consider zoning ordinance amendment to Section 48-123, Nonconformities to address multi-family dwellings in the event of accidental loss

Request for Public Hearing to consider zoning ordinance amendment to Section 48-441(e), Site Design, SPD-20, removal of unsafe trees

Request for Public Hearing to consider zoning ordinance amendment to Sec 48-85 and add new Sec 48-85(c) Commercial use utilizing abutting commercially zoned land for septic disposal

Request for Public Hearing to consider zoning ordinance amendment to Sec 48-407(b)(3), Permitted Uses in C-2, General Commercial Zoning District to allow beach recreation equipment rentals and sales

MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

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

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

PUBLIC HEARINGS

PUBLIC HEARING to consider zoning ordinance text amendment submitted by Sea Foam properties, Inc. to amend Town Code Section 48-405(c)(2), Hotels, CR Zoning District to add a condition to permit offsite drainfield locations

Town Attorney John Leidy opened the Public Hearing to consider a zoning ordinance text amendment that would add a condition to permit off-site drainfield locations. The time was 9:18 a.m.

Town Planner Angela Welsh summarized her memo which read in part as follows:

"Mr. Steven D. Michael, Attorney for Sea Foam Properties, Inc. has proposed an amendment to Section 48-405(c)(2) Hotels, CR Commercial Residential District to allow the use of property within 300 feet of a lot owned by the same legal entity and located in a CR or C2 zoning district for an off-site drainfield.

'The applicant has applied for a Major CAMA permit to remove oceanfront sandbags. The sandbags currently protect the wastewater drainfield for the motel. The applicant has proposed to relocate the drainfield from the oceanfront to property on the west side of South Virginia Dare Trail. As the applicant states in their application, the request is to allow locating the drainfield off-site. Only the wastewater treatment facility will be located on the same oceanfront parcel as the hotel.

'Currently the Ordinance allows hotels in the C2 district to utilize an off site drainfield location provided that the off-site location is within the C2 district and the lot on which the drainfield is located is no further than 300 feet from the lot on which the hotel is located. The ordinance also requires lot coverage calculations for each lot to be determined individually and the treatment facilities and operations must be conducted on the same lot as the hotel building.

'The following are two policies from the 2000 Land Use plan which relate to this application:

'Chapter 11. Wastewater Disposal, Package treatment plants

The siting of new package treatment plants will not be supported by the Town.

Chapter 11. Wastewater Disposal, Preferred method of treatment.

The preferred method of sewage treatment and disposal shall be on-site septic systems.

'Staff would like to note the applicants request is only for a nitrification field to be located off-site whereas the recent Jennette's Pier amendment was for both the package treatment plant and the nitrification field to be located off-site. The reasoning applied by the Board of Commissioners in the Jennette’s Pier amendment was allowing the treatment and nitrification field off-site provided a safer location for sewage disposal. This reasoning would apply in the applicant’s case as well.

'As a result of the Boards actions in the Jennette’s pier amendment the Board of Commissioners instructed Staff to bring forward an ordinance that would allow property across a street or road to be considered part of the site. If the ordinance is adopted by the Board of Commissioners these properties would no longer be classified as “off-site” and therefore a septic system on such a property would be deemed “on-site” thereby being consistent with the Land Use Plan.

'The applicant's proposed ordinance change is located below.

'Staff Recommendation

Based on precedence in the ordinance for off-site drainfields for Hotels, Board of Commissioners past findings and current actions in the furtherance of amending the Zoning Ordinance, Staff recommends approval.

'Planning Board recommendation

The Planning Board reviewed the proposed text amendment at their September 16 meeting and voted unanimously to recommend approval."

Notice of the Public Hearing was published in the Coastland Times on Thursday, October 23, 2008 and on Thursday, October 30, 2008 as required by law.

In response to questioning from Comr. Gray, Deputy Planning Director Bruce Bortz explained that only the offsite drainfield is being proposed; next month a Public Hearing is scheduled to consider abutting land for septic disposal.

There being no one present who wished to speak, Attorney John Leidy announced the Public Hearing closed at 9:28 a.m.

Comr. Oakes noted that waste treatment further away from the ocean is better and modification to the LUP to accommodate this should be considered.

MOTION: Comr. Gray made a motion to adopt the ordinance amendment concerning offsite drainfield locations (requested by Sea Foam Motel) as presented. The motion was seconded by Comr. Oakes which passed unanimously.

The ordinance concerning offsite drainfields, as adopted, is attached to and made a part of these minutes as shown in Addendum "C".

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

Consideration of final plat for minor subdivision The Shoppes at Milepost 10.5 tract

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

"GENERAL INFORMATION

Applicant: Quible & Associates on behalf of Nags Head Partners, LLC, a contract purchaser of the property.

'Property Owner: Pasquotank County, NC.

'Application Request: Final plat approval – minor subdivision.

'Purpose: Creation of a two lot commercial subdivision of property with parcel “A” measuring 6.51 acres in size and parcel “B” measuring 3.96 acres.

'Property Location: 2601 South Croatan Highway

'Property Size: 10.47 acres.

'Existing Land Use: Undeveloped.

'Zoning Classification of Property: C-2 General Commercial District

'Zoning History: Site Plan/Conditional Use Permit for “The Shoppes at 10.5” approved by the Board of Commissioners on September 3, 2008 for the development of a retail shopping center on the site.

'Other Information: Subdivision Ordinance Section 38-6, Subdivision of land in conjunction with site plan approval for commercial development, allows the processing of a subdivision application to follow the same review and approval procedures as a site plan under the zoning ordinance. This minor subdivision application meets the provisions of this section as it is directly connected to and predicated upon the site plan approval for “The Shoppes at 10.5”. Accordingly this minor subdivision application will be reviewed by the planning board for recommendation of preliminary subdivision plat approval and will then be forwarded to the board of commissioners for final subdivision plat review and approval.

'SPECIFIC INFORMATION

Proposed Lots: All lots meet the minimum lot size and minimum lot width requirements of the C-2 General Commercial District. Under the approved site plan Parcel A will be developed with shopping center buildings consisting of a food store/retail shops building, and a second smaller financial institution building. Parcel B will be developed with a financial institution building. Internal site improvements include site access and traffic circulation, parking, and stormwater management that will be shared between parcels A and B.

'Required Site Improvements: No site improvements are required by the proposed subdivision of the property as all proposed lots have frontage on existing public streets and have available public water service. Improvements proposed on the site and individual lots including but are not limited to street access, lighting, land disturbance, stormwater management, wastewater disposal, fire hydrants, and other improvement typically associated with subdivision approval will be regulated and controlled by the zoning site plan approval for the property.

'ANALYSIS

The proposed two lot subdivision is compliant with the dimensional requirements of the C-2, General Commercial Zoning District and no site improvements are required in the division of this property. The appropriate setbacks for the approved use of Retail Shopping Center have been depicted.

'The execution of cross easements for the shared use of site improvements between Parcels A and B as shown on the approved zoning site plan for the Shoppes @ 10.5 are required. This requirement needs to be stated on the final plat for recordation.

'STAFF RECOMMENDATION

Based upon the above analysis staff recommends approval of the proposed minor subdivision as presented.

'PLANNING BOARD RECOMMENDATION

The Planning Board, at their October 21, 2008 meeting, voted unanimously to approve the preliminary plat contingent upon review and approval of the cross-easement language by the Town Attorney."

In response to Mayor Cahoon and Comr. Oakes, Ms. Wyatt explained that there are no waterline requirements for this project; Planning Director Tim Wilson confirmed this and stated that the parcels have adequate waterlines so there are no requirements for an extension of the existing waterlines.

MOTION: Comr. Gray made a motion to approve the final subdivision plat for The Shoppes at Milepost 10.5 as presented. The motion was seconded by Comr. Remaley which passed unanimously.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Discussion of hiring freeze - from October 22, 2008 Board meeting

The agenda summary sheet for this agenda item read in part as follows:

"At the October 22nd Board of Commissioners meeting, the need to cut back on expenses was discussed; consideration of a possible hiring freeze was subsequently placed on the November 5th Board of Commissioners agenda for discussion."

Town Manager Cameron stated that because of the current economic times he is recommending a hiring freeze; the hiring freeze would be across the Board. The only vacant position in the Town at this time is the IT Assistant position.

Finance Officer Kim Kenny said that staff is monitoring revenues on a daily, monthly, quarterly basis. In response to Mayor Cahoon, Ms. Kenny stated that at this time she is not aware of the State holding onto some of its sales tax.

It was Board consensus to approve a hiring freeze for Town positions.

MOTION: Comr. Remaley made a motion to approve a hiring freeze on Town positions - filling critical (public safety) positions would return for Board approval. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

Beach nourishment - Consideration of updated resolution in support of jetties/groins

- from October 1, and 22, 2008 Board meetings

It was Board consensus that the proposed resolution in support of groins/jetties be reviewed after the discussion under Mayor Pro Tem Sadler's agenda concerning the Emerald Isle/Bald Head Island trip.

Identification of beach accesses with/without crosswalks - from October 1, 2008 Board meeting

Public Works Director Dave Clark summarized the agenda summary sheet which read in part as follows:

"At the October 1, 2008 Board of Commissioners meeting, discussion took place concerning the lack of painted crosswalks at some of the Town’s beach accesses. The Public Works Director and Town Planner have prepared a map indicating which “improved” beach accesses have, or do not have, painted crosswalks, as well as those accesses which have no improvements."

Deputy Public Works Director Ralph Barile explained that the cost is approximately $1,500 - $2,000 to paint one crosswalk.

It was Board consensus that staff prepare a report prioritizing the beach accesses with/without crosswalks - using factors such as popularity, location - to provide to the Board for review and consideration. In addition, staff is to contact NC DOT concerning the Town installation/painting of the crosswalks.

Public Works Director Dave Clark thanked Planner Angela Welsh for her work on preparation of the crosswalk map.

Consideration of resolution of withdrawal for portion of Egret Avenue - in support of Jennette's Pier Facility

Deputy Planning Director Bruce Bortz summarized the agenda summary sheet for this item which read in part as follows:

"At the July 2, 2008 Board of Commissioners meeting, the Board unanimously adopted the Resolution of Intent to close a portion of Egret Avenue; the scheduled Public Hearing was held at the August 6, 2008 Board of Commissioners meeting.

'Attached please find a resolution ordering the closing of a portion of Egret Avenue for Board consideration on November 5th."

MOTION: Comr. Gray made a motion to adopt the resolution to withdraw the Town-owned portion of Egret Avenue as presented. The motion was seconded by Comr. Remaley.

Mayor Pro Tem Sadler confirmed with Mayor Cahoon/Attorney Leidy that there would be no problem with today's agenda being published indicating that this agenda item was withdrawn; the Public Hearing was held at the Board's August 6, 2008 meeting.

CONTINUATION OF MOTION: The motion passed unanimously.

The resolution concerning the withdrawal of Egret Avenue, as adopted, read in part as follows:

"WHEREAS, on the 2nd day of July 2008, the Board of Commissioners of the Town of Nags Head directed the Town Clerk to publish the resolution of intent of the Board of Commissioners of the Town of Nags Head to consider closing Egret Avenue in the Coastland Times newspaper once each week for four consecutive weeks and posting said resolution in two locations along said street advising the public that a public hearing would be conducted in the Town Hall at 9:00 a.m. on the 6th day of August 2008; AND

'WHEREAS, the Town’s Board of Commissioners further directed the Town Clerk to notify by certified mail, all persons owning property abutting on Egret Avenue, proposed to be closed, enclosing with such notification a copy of the resolution of intent; AND

'WHEREAS, the Town Clerk has advised the Board of Commissioners that on the date directed she sent a letter to each of said abutting property owners as shown on the Dare County tax records by certified mail return receipt requested advising them of the day, time and place of the meeting, enclosing a copy of the Board of Commissioner's resolution of intent, and advising said abutting property owners that the question as to the closing to said Egret Avenue would be acted upon; AND

'WHEREAS, after full and complete consideration of the matter and after having granted full and complete opportunity for all interested persons to appear and register any objections that they might have with respect to the closing of said street at the August 6, 2008 Board of Commissioners’ meeting it now appears to the satisfaction of the Board of Commissioners that the closing of said street or a portion thereof is not contrary to the public interest and that no individual owning property either abutting the street or in the vicinity of said street or in the subdivision in which said street is located, will, as a result of said closing or any portion thereof, be thereby deprived of a reasonable means of ingress and egress to his property; AND

'WHEREAS, it appears to the satisfaction of the Board of Commissioners that the closing of a portion of said street will be in the public interest.

'NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head, meeting in regular session, that the portion of Egret Avenue as more particularly described hereafter, is hereby ordered closed and all right, title and interest in those persons owning lots adjacent to the street; such title, for the width of the abutting land owned by them, to extend to the centerline of the herein closed street in accordance with the provision of GS 160A-299(c):

'That certain parcel of land situated in the Town of Nags Head, Nags Head Township, Dare County, North Carolina, and known and designated as being a portion of the right of way of Egret Avenue as shown on and delineated on the maps or plats of a subdivision known as Whalebone Beaches, one map or plat titled “Composite Map of Whalebone Beaches, formerly called Nags Head Beach, including Section A,” made by T. J. Jessup, North Carolina Registered Surveyor, August 5, 1946 and duly recorded in Map Book 1, Page 154, in the office of the Register of Deeds of Dare County, North Carolina, and another map or plat titled “Revised Plat – Portion of Whalebone Beaches Subdivision, Nags Head Township, Dare County, North Carolina,” made by Southern Mapping & Engineering Company of Greensboro, North Carolina, dated April 25, 1963, and duly recorded in Map Book 2, Page 203, in the office of the Register of Deeds of Dare County, North Carolina, and more particularly described as follows:

'Beginning at a point, an existing concrete monument on the Western right of way of Egret Avenue, a 60 foot right of way, said point also being located N 63º28’51” E 147.22 feet from an existing concrete monument on the east right of way of U.S. Highway 158 By-Pass also known as S. Croatan Highway as shown on the aforementioned plat or map recorded in Map Book 2, Page 203 in the office of the Register of Deeds of Dare County, North Carolina, said beginning point also being the Southeast corner of Parcel Two, property now or formerly owned by the Town of Nags Head as recorded in Deed Book 1781, Page 60 in the office of the aforementioned Register of Deeds of Dare County, North Carolina; thence running with the Western right of way of the aforementioned Egret Avenue to a point, an existing iron pipe, said point also being the Northeast corner of the aforementioned Parcel Two, said point also being on the South line of the property now or formerly owned by Harmony Enterprises as recorded in Deed Book 613, Page 69 in the office of the aforementioned Register of Deeds of Dare County, North Carolina; thence with the South line of the aforementioned Harmony Enterprises property, N 62º50’39” E 48.85 feet to a point, an existing iron pipe; thence with the South line of the aforementioned Harmony Enterprises property, N 63º24’26” E 1.15 feet to a point, said point being on the Eastern right of way of Egret Avenue, said point also being the Northwest corner of Parcel One, property now or formerly owned by the Town of Nags Head, North Carolina as recorded in Deed Book 1781, Page 60 in the office of the aforementioned Register of Deeds of Dare County; thence with the West line of the aforementioned Parcel One and with the Eastern right of way of Egret Avenue to a point, said point also being the Southwest corner of the aforementioned Parcel One, said point also being the Northwest corner of the property now or formerly owned by M. Michael France, et al as recorded in Deed Book 1342, Page 416 in the office of the aforementioned Register of Deeds of Dare County; thence S 63º28’51” E 50 feet to a point, the point and place of beginning, containing approximately 8,014 square feet more or less.

'The Board of Commissioners of the Town of Nags Head hereby reserves from the above-ordered street closing all right, title, and interest in any utility improvement or easement within the portion of street closed pursuant to this resolution. Such reservation also extends to utility improvements or easements owned by private utilities which as of the date of the adoption of this resolution have a utility agreement or franchise with the Town.

'The Town Clerk is hereby ordered and directed to file in the office of the Register of Deeds of Dare County a certified copy of this resolution.

'Upon motion duly made by Comr. Gray and duly seconded by Comr. Remaley, the above resolution was duly adopted by the Board of Commissioners at a regular meeting held on the 5th day of November 2008. Upon call for a vote all Commissioners voted in the affirmative."

Consideration of resolution authorizing Rural Center grant application for wastewater treatment system at Jennette's Pier facility

Deputy Planning Director Bruce Bortz summarized the agenda summary sheet which read in part as follows:

"Earlier this year the Town applied for a grant from the North Carolina Rural Economic Center as part of the Town’s commitment to assist in securing funds for the North Carolina Aquarium at Jennette’s Pier. The Town has tentatively been awarded a $500,000 grant to help in the construction of the wastewater treatment system. The final grant application is due at the end of November 2008.

'Attached is a resolution which authorizes the Town Manager to file and execute the grant application and execute other documents such as memorandums of understanding and performance agreements that may be required in connection with the grant application and operation and maintenance of the project. The Town’s match for this grant is $50,000."

It was Board consensus to give Finance Officer Kim Kenny flexibility to take the grant match from the appropriate fund.

MOTION: Mayor Pro Tem Sadler made a motion to adopt the resolution authorizing the Rural Center grant application as presented. The motion was seconded by Comr. Oakes which passed unanimously.

The resolution concerning the Rural Center grant application, as adopted, read in part as follows:

"WHEREAS, The North Carolina General Assembly passed House Bill 1352 authorizing the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, that will result in job creation; and

'WHEREAS, The Town of Nags Head has need for and intends to construct an alternate wastewater system, for wastewater collection for the North Carolina Aquarium at Jennette’s Pier project reference # 2008-185-40401-107; and

'WHEREAS, The Town of Nags Head intends to request grant assistance from the Economic Infrastructure Grants Program for the project.

'NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE TOWN OF NAGS HEAD; That The Town of Nags Head in concert with the North Carolina Aquariums will arrange financing for all remaining costs of the project, if approved for a grant.

'That the Town of Nags Head will provide, through a memorandum of understanding, for efficient operation and maintenance of the project on completion of construction thereof.

'That Charlie L. Cameron, Town Manager, and successors so titled, is hereby authorized to execute and file an application on behalf of The Town of Nags Head with the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.

'That Charlie L. Cameron, Town Manager, and successors so titled, is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project; to make the assurances as contained above; and to execute other documents such as a memorandum of understanding and performance agreements that may be required in connection with the application and the operation and maintenance of the project.

'That The Town of Nags Head has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to the grants pertaining thereto."

Consideration of acceptance of streetlights in Old Nags Head Place Subdivision

Public Works Director Dave Clark summarized the agenda summary sheet which read in part as follows:

"In September 2008, Public Works received a request to assume the financial responsibility for the eighteen (18) watchlights installed in 2002 in Old Nags Head Place. These lights were originally installed, and subsequently paid for by the Old Nags Head Place Homeowners Association. They are 8,000-lumen, Sodium Vapor Lamps, one of the standard types in the town’s streetlight system. The town’s “Street Lighting Policy”, adopted on May 4, 1994, and updated June 4, 2003, provides that the town will assume the energy costs for streetlights placed in existing residential areas after the first year of operation. These lights meet that requirement.

'Attached please find a copy of the Town's Streetlight policy as well as a copy of the NC Dominion Power invoice."

MOTION: Mayor Pro Tem Sadler made a motion to accept the streetlights in the Old Nags Head Place Subdivision into the Town system. The motion was seconded by Comr. Oakes which passed unanimously.

Consideration of appointment to vacant Planning Board position

An appointment to the vacant Planning Board position was considered by the Board.

Comr. Remaley nominated George Moore; Mayor Pro Tem Sadler nominated Gail Anderson; and Comr. Oakes nominated Tom Haddon.

Comr. Remaley voted in favor of George Moore; Mayor Pro Tem Sadler voted in favor of Gail Anderson; and Mayor Cahoon, Comr. Gray, and Comr. Oakes voted in favor of Tom Haddon.

It was Board consensus that Tom Haddon fill the vacant Planning Board position, pending his concurrence.

Town Attorney John Leidy is to research and bring back for Board review the possibility of appointing alternates to the Planning Board.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney John Leidy - Request for Closed Session to discuss litigation concerning HML Corporation IAW NCGS 143-318.11(a)(3)

Town Attorney John Leidy requested a Closed Session to update the Board on the HML Corporation bypass waterline and the Kirkpatrick Surfside Drive litigation.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Cameron - Discussion of continued participation in Dare County Shoreline Management Commission sand fence/dune planting project

Public Works Director Dave Clark summarized the Dare County Shoreline Management Commission sand fencing project; the finance portion of the agenda summary sheet read in part as follows:

"Currently, $25,000 was included in the adopted operating budget for FY 08/09 in both revenues from Contributions and expenditures in Public Works Facilities Special Projects - sand-fencing costs based on preliminary estimates of the amount available from Dare County."

Mr. Clark suggested that staff wait until late February/early March 2009 for sand fence installation because of anticipated winter storms.

It was Board consensus to continue Town participation in the sand fence/dune planting program.

Staff is to return to the Board with a report of where sand fence installation has been successful; Public Works Director Dave Clark had noted that at least 50% of the sand fence previously installed is no longer standing.

Town Manager Cameron - Update on Old Nags Head Woods Road degradation

Deputy Public Works Director Ralph Barile summarized the degradation to Old Nags Head Woods Road due to erosion. He explained one solution would be to move the road to the north.

Staff is to return to the Board a report with additional details/costs of moving the road north, as well as any other options for fixing the degraded portion of Old Nags Head Woods Road.

Town Manager Cameron - Update on Nags Head local beach nourishment project

Town Manager Cameron reviewed the letter received from David Lekson of the Corps of Engineers concerning the Town's proposed local project - and the possibility that another federal Environmental Impact Statement (EIS) would be required. The letter was faxed to the Town late yesterday afternoon (November 4, 2008). A copy was distributed to Board members. The letter from COE is dated November 3, 2008 and is attached to and made a part of these minutes as shown in Addendum "D".

Town Manager Cameron reported that yesterday he also received a letter from Valerie McMillan, State Environmental Policy Coordinator with NC Dept of Administration to Doug Huggett of DENR, DCM which indicates no issues with the Town's local project. The letter from Ms. McMillan is dated October 30, 2008 and is attached to and made a part of these minutes as shown in Addendum "E".

It was Board consensus to agree with Town Manager Cameron's request to meet with COE concerning their recent letters to determine federal and local beach nourishment project status and to ask COE to meet here in Nags Head or at the COE Office in Wilmington. Board members agreed that the Town Attorney is to accompany Town Manager Cameron at future meetings.

Town Manager Cameron - Update on joint fireworks ventures

Town Manager Cameron reported that he has spoken with Manteo Town Manager Kermit Skinner who spoke favorably about a joint fireworks venture; Mr. Skinner will discuss with his Mayor.

Mayor Cahoon noted that she left a message for Manteo Mayor Daniels but has not yet received a response.

Annual Audit - Martin Starnes & Associates - Paula Hodges

Martin Starnes & Associates representative Paula Hodges presented to the Board the 2008 Audited Financial Statements, which she noted were prepared by Finance Officer Kim Kenny. She summarized the statements as an Unqualified Opinion with no questioned costs.

Mayor Cahoon questioned if the Town should increase the separation allowance fund; Ms Hodges responded that it was completely up to the Town and that some municipalities "pay as you go" and do not maintain a fund balance for this item.

Ms. Kenny and her staff received a thank you from the auditing staff for their help.

The Annual Audit Report prepared by Martin Starnes & Associates is on file in the Town Clerk's Office for viewing during normal business hours.

Town Manager Cameron - Town Annual Report

Town Manager Cameron briefed the Board with a powerpoint presentation summarizing the Town's FY 07/08 annual report. The slides for the annual report as well as the annual report narrative are on file in the Town Clerk's Office.

On behalf of the Board, Mayor Cahoon commended staff for the easy-to-read reports.

Town Manager Cameron - Report on paperless agenda

Town Manager Cameron stated that he would like more time to work on the paperless agenda preparation before presenting to the Board and asking for direction.

Town Manager Cameron - Baltic Street Beach Access

Town Manager Cameron reported that the work on the Baltic Street Beach access parking lot and walkway is coming along very well and is expected to be completed on time - by December 15, 2008.

Town Manager Cameron - Grouse/Finch drainage

Town Manager Cameron reported that the Grouse/Finch Street drainage improvements are almost complete.

Town Manager Cameron - Request for Closed Session to discuss personnel IAW NCGS 143-318.11(a)(6)

Town Manager Cameron requested a Closed Session to discuss a personnel issue.

Town Manager Cameron - Update on CAMA permits for beach bulldozing

Town Manager Cameron requested an update from staff on beach bulldozing CAMA permits.

Deputy Planning Director Bruce Bortz explained that CAMA permits obtained for beach bulldozing may be extended, at no additional fee, from 30 to 60 days.

Mayor Pro Tem Sadler directed staff to make sure applicants receive this information.

BOARD OF COMMISSIONERS AGENDA

Comr. Gray - Update on upcoming November 11, 2008 Veterans Day Ceremony

Comr. Gray reminded Board members and the audience of the upcoming November 11th Veterans Day Ceremony at Town Hall at 11:00 a.m. The program for the ceremony was displayed on- screen.

Mayor Pro Tem Sadler - Consideration of resolutions

Mayor Pro Tem Sadler brought forward a resolution opposing a request from Dominion North Carolina Power for a rate increase.

MOTION: Mayor Pro Tem Sadler made a motion to adopt the resolution opposing the Dominion North Carolina Power requested rate increase as presented. The motion was seconded by Comr. Remaley which passed unanimously.

The resolution opposing the Dominion North Carolina Power rate increase, as adopted, read in part as follows:

"WHEREAS, The Town of Nags Head, as well as other municipalities in northeastern North Carolina served by Dominion North Carolina Power, is experiencing the hard economic times that are now gripping our nation; AND

'WHEREAS, Unemployment rates are the highest they have been in years and many of the residents of Nags Head, Dare County, and other northeastern North Carolina municipalities are having difficulties making ends meet and maintaining the basic necessities of life; AND

'WHEREAS, In this day and time, electric service is a basic necessity required by all, regardless of their economic condition, in order to live a safe and healthy life; AND

'WHEREAS, Any increase in the cost of electric service will exacerbate the already difficult economic burden on many in Nags Head, in Dare County and northeastern North Carolina; AND

'WHEREAS, Given these difficult economic times and the severe negative impact an increase in the cost of electricity will have on our citizens, coupled with recent drops in the price of oil which add to the bottom line of utility providers, Dominion NC Power's request for a rate increase should be denied.

'NOW THEREFORE BE IT RESOLVED THAT the Board of Commissioners of the Town of Nags Head oppose the rate increase requested by Dominion NC Power for its customers in Nags Head, Dare County, and northeastern North Carolina and request that the North Carolina Utilities Commission deny their request."

Mayor Pro Tem Sadler brought forward a resolution opposing a request from the insurance industry for a rate increase.

MOTION: Mayor Pro Tem Sadler made a motion to adopt the resolution opposing the insurance industry requested rate increase as presented. The motion was seconded by Comr. Oakes which passed unanimously.

The resolution opposing the insurance industry rate increase, as adopted, read in part as follows:

"WHEREAS, The Town of Nags Head, as well as other municipalities in northeastern North Carolina, is experiencing the hard economic times that are now gripping our nation; AND

'WHEREAS, Unemployment rates are the highest they have been in years and many of the residents of Nags Head, Dare County, and other northeastern North Carolina municipalities are having difficulties making ends meet and maintaining the basic necessities of life; AND

'WHEREAS, Insurance coverage is required in order to purchase a home or business and is vital to the recovery of our home construction industry and our economy; AND

'WHEREAS, Any increase in the cost of insurance makes it more difficult for middle and low income families to purchase homes, start businesses and participate in and fuel our economic recovery; AND

'WHEREAS, Historically, Dare County has been a "low claims" area and any insurance rate increase to Dare County residents will amount to a subsidy for other higher risk areas; AND

'WHEREAS, Given these difficult economic times and the severe negative impact an increase in the cost of insurance will have on our citizens and our economic recovery, and given the low claims history of Dare County, the insurance industry's request for a rate increase should be denied.

'NOW THEREFORE BE IT RESOLVED THAT the Board of Commissioners of the Town of Nags Head opposes the rate increase requested by the insurance industry for its customers in Nags Head and Dare County and request that the North Carolina Insurance Commission deny the insurance industry's request."

Mayor Pro Tem Sadler / Comr. Gray - Discussion of beach nourishment educational trip to Emerald Isle/Southport/Bald Head Island

- Mayor Pro Tem Sadler presented/discussed photographs of Emerald Isle after beach nourishment; Mayor Cahoon noted Emerald Isle has 400 buildable lots that were formerly unbuildable.

- Comr. Gray presented/discussed photographs of Bald Head Island depicting groin installation and groins already in place - He feels the groins would be a good project for Nags Head - $740,000 for 15 groins - He will present a brief on the Oregon Inlet groin at the NC BIWA conference in Carolina Beach on November 17, 2008 - Board members agreed to work toward obtaining legislation to allow groins.

Town Manager Cameron stated that consultant Peter Ravella will be at the Nags Head Church on December 11, 2008 at 7:00 p.m. to discuss beach nourishment financing. The Dare County Shoreline Commission will fund Mr. Ravella's trip.

Mayor Pro Tem Sadler - Resolution in support of jetties/groins

The agenda summary sheet read in part as follows:

"At the October 1st and 22nd Board of Commissioners meetings, staff was directed to bring back an updated resolution in support of jetties/groins for Board consideration.

'During the 2007-2008 NC General Assembly session the Senate passed Senate Bill 599 entitled Inlet Stabilization Pilot Program. Senate Bill 599 subsequently passed first reading in the House of Representatives and was then referred to the Committee on Environment and Natural Resources where it stayed. The attached resolution in support of Senate Bill 599 was adopted by the Board of Commissioners in April 2008.

'Attached for Board review is a proposed resolution emphasizing the Board's support of terminal groins and jetties as a means of beach nourishment."

Comr. Oakes said that he does not feel that the groins will do well unless sand is pumped first.

Mayor Cahoon briefly explained the legislative process that would allow the groins: The next State legislative session begins in January 2009 which is a long session that will last until June 2009. She explained that the Town petitions its representative to introduce a local or state-wide bill.

MOTION: Comr. Remaley made a motion to adopt the resolution in support of jetties/groins as presented. The motion was seconded by Mayor Pro Tem Sadler.

In response to Comr. Gray, Mayor Cahoon explained that adoption of this resolution will begin the process to initiate legislation to allow groins on the beach. Mayor Cahoon said she will try to obtain more information from Bald Head Island and its process.

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

Comr. Gray stated that one of the purposes of the November 17, 2008 NC BIWA Conference is to obtain support for groin legislation.

The resolution in support of jetties/groins for beach nourishment, as adopted, read in part as follows:

"WHEREAS, The Town of Nags Head supports responsible and environmentally sound shoreline management solutions; AND

'WHEREAS, The beaches of North Carolina are national treasures and one of North Carolina's most precious natural resources that provide recreational opportunities for all North Carolina residents and visitors worldwide; AND

'WHEREAS, The beaches of North Carolina contribute millions of tourism dollars to the State of North Carolina; the coastal counties and towns of North Carolina depend heavily upon the economic vitality of the beach communities for tourism revenue and critical tax base; AND

'WHEREAS, Beach erosion is one of the most serious challenges facing the North Carolina coastline, affecting millions of dollars of public and private infrastructure and thousands of homes, thereby threatening a vital part of the State’s coastal economy; AND

'WHEREAS, Unstabilized inlets contribute significantly to the erosion along the beaches of North Carolina; AND

'WHEREAS, Inlet management strategies would protect wildlife habitat, wetlands, sound and creek environments while creating more stable, safer, and beautiful beaches; AND

'WHEREAS, The State of North Carolina has constructed two terminal groin structures along our coast which have proven successful adjacent to tidal inlets without adverse impacts nationwide; AND

'WHEREAS, The construction of terminal groins as an inlet management tool will ensure proper consideration of environmental issues; AND

'WHEREAS, The Town of Nags Head strongly supports the construction of pilot projects for terminal groin structures as well as jetties along the entire coast of North Carolina.

'NOW, THEREFORE BE IT RESOLVED, That the Board of Commissioners of the Town of Nags Head does hereby support legislation to protect the shorelines of North Carolina and supports the construction of terminal groin and jetty pilot projects along the entire coast of North Carolina. The Town encourages every member of the North Carolina General Assembly to vote in favor of legislation to protect the coast of North Carolina."

Comr. Gray - South Nags Head sand bulldozing

In response to questioning by Comr. Gray, Mayor Cahoon agreed that someone from CAMA should come to a Board meeting to explain the sand/beach bulldozing regulations. Comr. Gray questioned how far back a house on the oceanfront can sit and still bulldoze the beach.

Comr. Remaley - Channel 20 presentation

Comr. Remaley confirmed with staff that consideration of a revised Channel 20 Interlocal Shared Use Agreement will be included on the December 3, 2008 Board of Commissioners meeting agenda.

MAYOR’S AGENDA

Mayor Cahoon - Consideration of Coastal Resources Advisory Council (CRAC) nominations

The agenda summary sheet read in part as follows:

"The attached memo from CRC Chair Robert Emory, Jr. requests that the Board provide nominations for appointment to Coastal Resources Advisory Commission (CRAC) vacancies. Nominations may be current CRAC members whose terms are expiring or they may be newly appointed members."

It was Board consensus to recommend that Rhett White from Columbia, Bill Gardner from Edenton, and Frank Rush from Emerald Isle be reappointed to the Coastal Resources Advisory Council (CRAC).

Mayor Cahoon - Discussion of transfer of DCTB grant to Eure Outer Banks Art Center (501C3 Corp)

The agenda summary sheet read in part as follows:

"Attached is a letter requesting the Town allow the Eure Outer Banks Arts Center (EOBAC) and the Dare County Tourism Board to negotiate directly on the terms of the grant that was awarded jointly to the Town and the EOBAC.  A full explanation is included in the attached letter. 

'Also attached is a copy of the EOBAC's IRS nonprofit status approval letter.  This nonprofit status approval letter is required for the release."

MOTION: Comr. Remaley made a motion to approve the transfer of the DCTB grant from the Town to the Eure Outer Banks Art Center (currently the Town is acting as the application for the Eure Center). The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

Mayor Cahoon - Request for Closed Session - employee honorarium IAW NCGS 143-318.11(a)(2)

Mayor Cahoon requested a Closed Session to discuss an employee honorarium - 2008 Employee of the Year.

CLOSED SESSION

MOTION: Comr. Remaley made a motion to enter Closed Session to discuss the HML Corporation and Kirkpatrick litigation IAW GS 143-318.11(a)(3), a personnel issue IAW GS 143-318.11(a)(6), and an employee honorarium IAW GS 143-318.11(a)(2). The motion was seconded by Comr. Oakes which passed unanimously. The time was 12:50 p.m.

OPEN SESSION

The Board re-entered Open Session at 1:25 p.m. Attorney John Leidy reported that only those items listed were discussed and the only action taken was the decision on the employee honorarium - 2008 Employee of the Year.

ADJOURNMENT

MOTION: Comr. Remaley made a motion to adjourn which passed unanimously. The time was 1:26 p.m.

_______________________________

Carolyn F. Morris, Town Clerk

Approved: December 3, 2008__________

Mayor: ___________________________

M. Renée Cahoon

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