Draft Town of Nags Head s2

TOWN OF NAGS HEAD BOARD OF COMMISSIONERS REGULAR SESSION June 3, 2009

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, June 3, 2009.

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: Interim Town Manager Cliff Ogburn; Town Attorney John Leidy; Tom Gilliam; Butch Osborne; Ralph Barile; Tim Wilson; Angela Welsh; Kelly Wyatt; Ronnie Ballance; Dave Clark; Ralph Barile; Nancy Carawan; Roberta Thuman; Dee Johnson; Gina Elko; 2009 summer season lifeguards; Bob Edwards; Roc Sansotta; Jack McCombs; Courtney Gallop; Luisa Hall; Thomas Hall; Jim Geraghty; Wes Carter; John Ratzenberger; Eddie Valdivieso; and Town Clerk Carolyn Morris

CALL TO ORDER

Mayor Cahoon called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the Pledge of Allegiance.

INTRODUCTION OF 2009 LIFEGUARDS

Ocean Rescue Director Chad Motz presented the 2009 summer season lifeguards. Lifeguards introduced themselves to the Board.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the June 3rd agenda as presented. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously. Nags Head Board Meeting Minutes June 3, 2009 AUDIENCE RESPONSE – TOM HALL

Tom Hall, property owner; during April 2009 he was subjected to the Harley Davidson convention in Nags Head which was ongoing for several days with a lot of noise; Nags Head is a family place and it is not appropriate to have that type of convention; he was very uncomfortable while the motorcycle riders were in Town.

AUDIENCE RESPONSE – JACK MCCOMBS

Jack McCombs, representing Bike and Build; he praised the Nags Head Police Division for their assistance during the past three (3) years; college students come to Nags Head to begin the cross- country bike journey which raises awareness of the housing crisis in the United States; he wanted to personally thank Police Chief Wayne Byrum.

AUDIENCE RESPONSE - COURTNEY GALLOP

Courtney Gallop, representing Bike and Build; presented appreciation gifts from the kids involved in the Bike and Build program; she has allowed the participants to stay overnight at her funeral home.

Mayor Pro Tem Sadler also thanked Rick Lawrenson who has helped with accommodations.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

Fire Chief Butch Osborne introduced Fire Captain Gina Elko; on behalf of the Board Mayor Cahoon presented Ms. Elko with a Certificate recognizing her ten years of service.

Police Chief Wayne Byrum introduced Office Assistant Dee Johnson; on behalf of the Board Mayor Cahoon presented Ms. Johnson with a Certificate recognizing her five years of service.

MAYOR CAHOON - MOVE ITEM #8 TO THE JUNE 17, 2009 AGENDA

It was Board consensus to move agenda item #8 titled "Consideration of storm debris removal proposals and debris monitoring services contract" to the June 17, 2009 Board of Commissioners mid-month agenda for consideration.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

Consideration of Budget Adjustment #13 to FY 08/09 Budget Ordinance

Consideration of Tax Adjustment Report

2 Nags Head Board Meeting Minutes June 3, 2009 Approval of Minutes

Consideration of storm debris removal proposals and debris monitoring services contract (moved to the June 17, 2009 mid-month agenda)

Annual write-off of uncollectible water accounts

Request for Public Hearing to consider zoning ordinance text amendment by Judah Argaman to amend Town Code Section 48-862(g), Signage within the Village at Nags Head Commercial-2 District - to allow one freestanding sign not to exceed 16 square feet on a site which meets the development requirements of Town Code Section 48-371(d), Alternative Commercial Exterior Design, regardless of the number of design points attained

Consideration of resolution to surplus Town equipment

MOTION: Comr. Remaley made a motion to approve the Consent Agenda as amended - with the item entitled "Consideration of storm debris removal proposals and debris monitoring services contract" moved to the June 17, 2009 mid-month agenda. The motion was seconded by Comr. Oakes which passed unanimously.

A copy of Budget Adjustment #13, as adopted, is attached to and made a part of these minutes as shown in Addendum “A”.

A copy of the Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum “B”.

The memo concerning the annual write-off of uncollectible water accounts, as approved, read in part as follows:

"At this time it is requested that the BOC approve the write-off of all accounts currently considered to be uncollectible. A detailed list of these accounts is attached.

'The requested write-off (Grand Total) is $1,743.16 for fiscal year 2008/2009. At this time the balance in allowance for doubtful accounts is $17,473.03, which is more than sufficient enough to cover the above requested write-offs.

'The requested write-off total for water accounts over $50.00 is $1,566.26. Also, attached is a list of accounts of $50.00 or less (included in grand total above) that will be written off in June 2009 in the amount of $176.90.

'As in the past, if circumstances should change for any of these accounts, every effort will be made to recover the bad debt."

The resolution to surplus Town equipment, as adopted, read in part as follows:

"WHEREAS, the Board of Commissioners of the Town of Nags Head, North Carolina desires to declare surplus and dispose of certain Town owned property.

3 Nags Head Board Meeting Minutes June 3, 2009

'NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head that:

'(1) The following described Town owned property is hereby declared to be surplus to the needs of the Town of Nags Head:

Fixed Asset Original Reason for Dept. Number Description Cost Surplus Disposal Method

General Fund Police Division

610 954 2006 Crown Vic, VIN 2FAFP71W96X148892 $26,518.82 Vehicle was declared Sell to NCLM for a total loss after an Risk Mgmt for incident on $10,025 May 15, 2009

'(2) The Town Manager or his designee is hereby authorized to dispose of the listed items by any legal means allowable to include: Donation to a non-profit organization, offering for sale at the next town public auction, Internet on-line offering, upset bid process, by destroying, etc."

PUBLIC HEARINGS

Public Hearing to consider a conditional use permit/site plan amendment application submitted by Quible & Associates on behalf of Nags Head Partners, LLC to request the phasing of development at 2515 S. Croatan Highway, Nags Head (Shoppes @ 10.5)

Town Attorney John Leidy explained that the Board of Commissioners sits as a quasi-judicial body and the Board must comply with certain requirements and decide based on competent material and relevant evidence. He explained further that all testimony must be sworn.

Planning Director Tim Wilson, Zoning Administrator Kelly Wyatt, Quible Eddie Valdivieso, Resident Tom Hall, and Planning Chair Bob Edwards were sworn in by Town Clerk Carolyn Morris. The time was 9:28 a.m.

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

"GENERAL INFORMATION Applicant: Quible & Associates, P.C.

'Property Owner: Nags Head Partners, LLC

'Application Request: Conditional Use Permit/Site Plan Amendment, Shoppes @ 10.5.

4 Nags Head Board Meeting Minutes June 3, 2009 'Purpose: The applicant is requesting that the September 3, 2008 approved site plan/conditional use permit be amended to allow for phasing of the site improvements. The reason for this request is to allow the occupancy of the food store, retail shops and small bank located on “Parcel A” prior to the construction of the State Employees Credit Union on “Parcel B” and all required improvements for the project.

'Property Location: 2515 S. Croatan Highway, Nags Head

'Property Size: 10.5 acres

'Existing Land Use: The use will remain Retail Shopping Center.

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

'Zoning Classification of Surrounding Properties: Property north of the site (former Cineplex, now Outer Banks Sports Club) is zoned C-2, General Commercial. Property south of the site (RBC Bank and Kingdom Hall of Jehovah’s Witnesses) is zoned C-2, General Commercial. Property west of the site, directly across US Highway 158 and north of Adams Lane is zoned C-2, General Commercial, property south of Adams Lane (Nags Head Acres Subdivision) is zoned R-2, Medium Density Residential. Property east of the site, directly across Wrightsville Avenue and north of Admiral Street is zoned R-3, High Density Residential, property south of Admiral Street is zoned C-2, General Commercial, however it is predominately developed residential and built to R-3, High Density Residential standards.

'Land Use Plan Map/Policies: Land Use Plan classification is T-1, Transition. This proposal is consistent with this land use classification.

'Zoning History: On September 3, 2008 the Board of Commissioners of the Town of Nags Head reviewed and approved the site plan/conditional use/vested right application for “The Shoppes @ 10.5” project consisting of the construction of a retail shopping center. Since that time Planning Director, Tim Wilson has reviewed and issued administrative approval for two minor revisions to the plan 1) relocation of a generator and a change in size of the corridor between the food store and retail shops and 2) small areas of preserved vegetation were compromised and a revised landscape was approved soon thereafter.

'SPECIFIC INFORMATION Applicable Zoning Regulations:

'Use Regulations: Retail Shopping Center is permitted by conditional use within the C-2, General Commercial Zoning District. The use is not proposed to change.

'Lot Coverage- Lot coverage for this use shall not exceed 55 percent. Proposed lot coverage for the improvements necessary for this phasing request is 46.8 percent and is therefore compliant.

'Building Height- There is no change in building height proposed in this request for phasing.

'Architecture Design Standards: There is no request for architectural changes for any of the buildings with the request for phasing.

'Parking- Parcel A, the area of the proposed first phase of construction, consists of a food store, retail shops and a small bank. The required parking for these uses is a combined 306 parking spaces. Only 263 parking spaces are located upon Parcel A, therefore the remaining portion of the required parking is located on “Parcel B”. The applicant has shown 307 parking spaces to be installed, however the applicant has requested in the narrative that the 44 parking spaces located south of the thru-entry (Parcel B) not be required to be installed at this time and request that the Board of Commissioners consider bonding the installation of these parking spaces.

'Lighting- The previously approved lighting plan remains in effect. The applicant has requested in the attached narrative that the necessary lighting for the 43 parking spaces located south of the entry not be installed at this time and request the Board of Commissioners consider bonding the installation of lighting fixtures in this area.

'Landscaping- The administratively approved landscape plan April 23, 2009 remains in place. The applicant has requested in the attached narrative that the interior landscaping associated with the 43 parking spaces as noted above be bonded along with the parking and lighting.

'Signage – There is no signage associated with this request for phasing.

Water and Sewage Disposal: The entire sewage treatment and disposal system will be installed as required in the initial proposal and approval of this project.

'Stormwater Management: The applicant proposes to install all stormwater retention measures within the initial stage of construction, resulting in an excess of stormwater retention should the request for phasing be approved.

'Traffic Circulation: The Town Engineer has reviewed and approved the traffic circulation pattern created by the phasing request.

'Fire: The Fire Department has reviewed and approved the proposed conditional use/site plan amendment, request for phasing.

'Public Works: The Public Works Department has reviewed and approved the proposed conditional use/site plan amendment, request for phasing.

'ANALYSIS The Zoning Ordinance currently does not allow for phased development and further requires that all site improvements be installed and approved prior to receipt of operational permits. Phased development may only be approved by the Board of Commissioners through the Conditional Use/Site Plan Amendment process as was the case in the recent approval of phased development for South Beach Plaza.

'At their September 3, 2008 Board of Commissioners meeting reviewed and approved the site plan for Shoppes @ 10.5. At that time the applicant was asked if the buildings were to be built simultaneously and was there any need to consider phasing of the project. At that time the applicant stated that he did not feel phasing would be necessary, however the attached project narrative explains the current request.

6 Nags Head Board Meeting Minutes June 3, 2009 'Staff would submit that all improvements necessary to accommodate the proposed buildings (food store, retail shops and small bank) within the first phase of development should be installed, including parking. In the recent approval of phased development for South Beach Plaza all improvements necessary to accommodate the existing structures was required and provided. Given the fact the two parcels are now in different ownership staff would submit that bonding parking is not ideal as the future installation of the required parking would be problematic in that the owner of “Parcel A” is no longer the owner of “Parcel B”. Furthermore, staff is not aware that this Board has allowed required parking to be bonded in the past.

'As required by the November 5, 2008 Board of Commissioners approval for the subdivision of this property into “Parcel A” and “Parcel B”, cross easements for the shared use of site improvements have been recorded.

'STAFF RECOMMENDATION Based on the above review staff recommends approval of the conditional use/site plan amendment with the condition that all required parking be installed prior to issuance occupancy permits.

'PLANNING BOARD RECOMMENDATION The Planning Board, at their May 19, 2009 meeting voted 6-1 to recommend approval of the conditional use permit/site plan amendment request for phasing of development with the condition that all improvements on “Parcel B” be bonded with a completion date of April 1, 2010.

'The Board of Commissioners is required to make the following affirmative findings of fact for this and all conditional use applications:

1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. 2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted. 3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town."

Notice of the Public Hearing was published in the Coastland Times on Thursday, May 21, 2009, and on Thursday, May 28, 2009, as required by law.

Comr. Gray noted that the Town did not allow the parking condition for South Beach Plaza when they were approved for phased development; he feels that it sets a precedent for the future and tells future developers they can receive a CO for phases of a development. Ms. Wyatt agreed that this was a similar situation.

Comr. Oakes confirmed that the Planning Board approved the request conditionally with a specific date for completion - April 2010.

Presentation from applicant, Eddie Valdivieso from Quible and Associates; he explained that all improvements will be installed as part of the first phase of development - he is asking that in lieu of paying for installing parking spaces that may be pulled up with a reconfiguration, they are asking for those improvements to be bonded.

7 Nags Head Board Meeting Minutes June 3, 2009 Eddie pb asked how much can the parking change on site plan; eddie stated that there is a path for this to occur; staff has been consistent re: required parking; response to anna fire protection route for trucks established.

Mayor re: forthcoming parking amendment for the bank - to decrease number of required spaces.

Bob Edwards, Planning Board Chair; he stated that South Beach Plaza did set a precedent and that this situation is similar; the Planning Board's recommendation is to add to that precedent by bonding the 43 parking spaces and allowing an April 2010 completion date as extensive parking is not necessarily needed during the winter months; he suggested that all site improvements for that area be bonded and landscaping be bonded also.

Tom Hall, Nags Head part-time resident; put up with a lot this year with the construction of the 10.5 shoppes to include parking in his driveway, trash on his property; he asked for the toilets to be moved further into the middle of the site and he requested that signs for constructions workers be installed for not parking in the private driveways.

There being no one else present who wished to speak, Attorney Leidy announced the evidentiary portion of the Public Hearing closed at 10:04 a.m.

In response to Comr. Gray, Attorney Leidy stated that the ordinance requirement can be met via the posting of a bond.

Comr. Gray - expressed concern about following the letter of the ordinance.

Comr. Oakes - does bonding equal completion and does the BOC have discretion - it appears according to the attorney we do; 44 parking spaces are not to be of much use anyway to Food Lion during the winter months; Eddie V in response to Comr. Oakes says April okay.

MOTION: Mayor Pro Tem Sadler made a motion to approve the conditional use amendment pertaining to the phasing of the 10.5 Shoppes with the condition that all improvements be installed before completion in accordance with staff's recommendation - and with the required three findings of fact as follows:

1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. 2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted. 3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town. The motion failed for lack of a second.

MOTION: Comr. Oakes made a motion to approve the conditional use amendment pertaining to phasing of the 10.5 Shoppes in accordance with the Planning Board’s recommendation and with the required three findings of fact as follows:

8 Nags Head Board Meeting Minutes June 3, 2009 1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. 2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted. 3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town.

The required bonding is to be completed by April 1, 2010 – and with finding #1 to be met with the bonding recommendation. The motion was seconded by Comr. Remaley.

In response to Comr. Remaley, Attorney Leidy recommended that the bond amount be 120% of the estimated costs.

The bond amount in the motion was increased to 150% by Comr. Remaley and concurred to by Comr. Oakes.

Comr. Gray stated that the site plan does not meet Town Code and he does not agree with the motion as stated.

Mayor Pro Tem Sadler said that the parking spaces have nothing to do with the bank and are for the existing development; she does not see where the necessity is for the BOC to make an exception to the Town Code. She feels that the Board is setting another precedent and she is very concerned with the way the current Board is going; she agrees with Comr. Gray that the applicant has not met the Town Code requirements.

Comr. Oakes said that he feels that the Board does have some discretion with determination of conditions and he feels this is a judgment on the part of the Board and should be used at this time.

Mayor Cahoon said she was very appreciative of the Planning Board's review of the parking spaces and site plan and for doing their homework. She pointed out that the Town requires bonding on every project to make sure the project is completed.

Mayor Pro Tem Sadler said that she feels for the residents in that area; she begged the contractor to do whatever necessary to at least keep the workers off of private property, to clean up the site, and to move the port-a-johns as requested.

CONTINUATION OF MOTION: The motion passed 3 - 2 with Mayor Pro Tem Sadler and Comr. Gray casting the NO votes.

Public Hearing to consider citizen comment on FY 09/10 proposed Operating Budget and Capital Improvement Program for FY 09/10 through FY 13/14

Attorney John Leidy introduced the Public Hearing on the FY 09/10 proposed Operating Budget and CIP for FY 09/10 through FY 13/14. The Public Hearing was opened at 10:25 a.m.

The Public Hearing notice summarizing revenues/expenditures read in part as follows:

"Notice is hereby given that the Town Manager's proposed operating budget for fiscal year July 1, 2009 - June 30, 2010, has been presented to the Governing Body. The Town of Nags Head Board of Commissioners will conduct a PUBLIC HEARING on the proposed budget and proposed CIP requests for FY 09/10 through FY 13/14 in the Board Room of the Nags Head Municipal Complex located at 5401 S. Croatan Highway on Wednesday, June 3, 2009, at 9:00 a.m.

'A copy of the proposed budget is available for public inspection in the Town Clerk's Office, Monday through Friday from 8:30 a.m. until 5:00 p.m. Copies of the proposed budget may be purchased at $10.00 each.

'All interested persons are invited/urged to make written or oral comments. A summary of the proposed budget follows:

'REVENUES TAXES (Ad Valorem and Other) $8,009,743 LICENSE AND PERMITS 457,150 INTERGOVERNMENTAL REVENUE 1,260,596 MISCELLANEOUS REVENUE 815,504 APPROPRIATION/FUND BALANCE 750,000 WATER FUND REVENUE 2,547,419

TOTAL REVENUES $13,840,412

'EXPENDITURES GOVERNING BODY $ 240,201 SPECIAL PROJECTS 317,510 TOWN MANAGER/CLERK 551,628 LEGAL 90,000 ADMINISTRATIVE SERVICES 1,031,381 IT 217,722 PLANNING AND DEVELOPMENT 882,436 PUBLIC WORKS 3,357,926 PUBLIC SAFETY - Police/ACO 1,796,460 PUBLIC SAFETY - Fire/Ocean Rescue 2,582,729 CONTINGENCY 125,000 INTERFUND TRANSFERS 100,000 WATER FUND 2,547,419

TOTAL EXPENDITURES $13,840,412

'Requested Capital Improvement Plan in General Fund was 0 Requested Capital Improvement Plan in Water Fund was 0

'Notice of the Public Hearing was published in the Coastland Times on Thursday, May 7, 2009 and on Thursday, May 21, 2009 as required by law.

There being no one present who wished to speak, the Public Hearing was closed at 10:26 a.m.

Public Hearing to consider approval of Draft Albemarle Regional Solid Waste Management Authority, Solid Waste Management Plan

Attorney John Leidy introduced the Public Hearing on the Regional Solid Waste Management Authority. The time was 10:40 a.m.

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

"The Albemarle Regional Solid Waste Management Authority’s Solid Waste Management Plan must be updated every three (3) years. The last update was done in September 2006. This scheduled Public Hearing is to receive comments and consider adoption of the Nags Head portion of this plan."

Notice of the Public Hearing was published in the Coastland Times on Thursday, May 21, 2009 and on Thursday, May 28, 2009

There being no one present who wished to speak, the Public Hearing was closed at 10:45 a.m.

MOTION: Comr. Remaley made a motion to adopt the resolution approving the Solid Waste Management Plan Update (Nags Head portion) as presented. The motion was seconded by Comr. Gray which passed unanimously.

The resolution approving the Solid Waste Management Plan Update, as adopted, read in part as follows:

"WHEREAS, better planning for solid waste management will help protect public health and the environment, provide for an improved solid waste management system, better use our natural resources, control the cost of solid waste management; AND

'WHEREAS, North Carolina General Statute 130A-309.09A(b) requires each unit of local government, either individually or in cooperation with other units of local government, to develop a 10-year comprehensive solid waste management plan; AND

'WHEREAS, the Town of Nags Head was actively involved in the planning process.

'NOW, THEREFORE, BE IT RESOLVED that the Town of Nags Head Board of Commissioners does hereby approve the Comprehensive Solid Waste Management Plan."

11 Nags Head Board Meeting Minutes June 3, 2009 Public Hearing to consider zoning ordinance text amendments initiated by the Planning Board to Town Code Sections 48-402(d)(2), 48-403(d)(2) and 48-404(d)(2), Dimensional Requirements within the R-1, R-2 and R-3 Residential Zoning Districts - to allow for increase in lot coverage when specified stormwater management are incorporated into the site

Town Attorney John Leidy introduced the Public Hearing concerning allowing for increase in lot coverage when stormwater management are incorporated into the site. The time was 10:46 a.m.

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

"At their April 15, 2008 meeting, the Planning Board discussed “green incentives”, as a way to improve drainage problems and maintain natural vegetation within the Town. The Chairman of the Planning Board suggested three volunteers work with Town Staff to review the Town’s Ordinance and develop incentives to residential property owners such as offering additional lot coverage for maintaining storm water on-site or preserving natural vegetation.

'The Green Committee held their first meeting on May 13, 2008 and held additional meetings once a month thereafter. During the meetings the Committee expressed concerns about lot clearing far in advance of project onset as well as allowing additional lot coverage in exchange for onsite storm water management. The committee discussed requiring residential properties to maintain storm water on site similar to the Town stormwater regulations already imposed on commercial properties. The Committee also discussed financial incentives for stormwater management such as credits and/or rebates, free rain barrels, free downspout extensions, and reduced plant prices for rain gardens. There was dialogue regarding environmentally friendly options such as pavers, french drains, replacing grass with native plants and preserving existing onsite vegetation.

'After several meetings and much discussion, the Committee decided to focus on allowing additional lot coverage for residential property owners who maintained stormwater on site without requiring engineered storm water maintenance plans submitted for review and approval by the Town Engineer. The Committee Chairman, John Ratzenberger, consulted with Robert McClendon, a Landscape Architect with UNC Coastal Studies Institute in Manteo, regarding the committee’s findings.

'Currently, in the R-1 and R-2 districts the Ordinance requires that “lot coverage shall not exceed 30 percent plus 300 square feet or 33 percent, whichever is greater. Coverage may be increased to a maximum of 40 percent if open-face paving block or TurfstoneTM is used in place of surfaces such as concrete or asphalt.” The proposed text amendment would allow residential uses in the R- 1 and R-2 districts to increase lot coverage to a maximum of 40 percent to a maximum of 45 percent if open-face paving block or Turfstone is used and if on-site stormwater facilities are designed and constructed to retain and infiltrate the runoff from a 3.5 inch, two-hour rainfall event. It may be reduced to a 3.0 inch, two-hour rainfall event if more than 15 percent of the lot area is preserved with existing terrain and vegetation.

'In the R-3 district the Ordinance currently requires that “the lot coverage shall not exceed 30 percent plus 300 square feet or 33 percent, whichever is greater. Coverage may be increased to a maximum of 45 percent if open-face paving block or TurfstoneTM is used in place of surfaces such as concrete or asphalt.”

12 Nags Head Board Meeting Minutes June 3, 2009 'The proposed text amendment would allow residential uses in the R-3 district to increase lot coverage to a maximum of 40 percent to a maximum of 50 percent if open-face paving block or Turfstone is used and if on-site stormwater facilities are designed and constructed to retain and infiltrate the runoff from a 3.5 inch, two-hour rainfall event. It may be reduced to a 3.0 inch, two- hour rainfall event if more than 15 percent of the lot area is preserved with existing terrain and vegetation.

'Lot coverage For residential lots, the front, side and rear yards are essentially open space. In addition, septic fields and repair areas also represent open space. Lot coverage for non oceanfront lots is based upon the total lot area. The Town’s Zoning Ordinance states lot coverage “means that portion of the lot area, expressed as a percentage, that is occupied and obstructed by any structure above the ground including, but not limited to, buildings, decks, parking areas, access ways, sidewalks and roadways, and all accessory uses and structures requiring location on or above ground.” Staff maintains that any increase in lot coverage as defined above has the potential to increase the intensity of a site.

'Staff would like to note that lot coverage for ocean front lots is calculated only from the area west of the first line of stable natural vegetation while the entire lot area is used to calculate the percentage of required plantings or preservation. For instance, a recently permitted oceanfront home had a total lot area of 42,441 sq. ft. The area west of the first line of stable natural vegetation was 33,121 sq. ft. and the area east of the first line of stable natural vegetation was 9,320 sq. ft. Under the current 10% open space requirement the area east of the first line of stable natural vegetation was 18% of the lot therefore they were allowed to use the dune area and beach as their preserved vegetation (dune grasses). Under the proposed Ordinance they would be allowed to increase lot coverage without being required to install any plantings in the front or side yards.

'Section 48-370, residential design standards requires that large residential dwelling units, (greater than five bedrooms and/or containing more than 3,500 square feet of habitable living space), shall preserve natural vegetation equivalent to ten percent of the total lot area or provide plantings occupying a minimum of 15 % of the lot area. These plantings would have to meet the size requirements in Section 48-370(e) 2. While Section 48-370 only applies to large residential houses and houses greater than 3,500 square feet of habitable area, the Planning Board proposal has a potential to conflict by the installation of stormwater management facilities. These facilities, if there were for a large residential dwelling, the developer may have to set aside addition land area to accommodate both the required open space outlined in Section 48-370 (10 %) and the requirement for stormwater management facilities. To take advantage of the additional lot coverage the Planning Board proposal allows, the developer would have to set aside 15 % of the lot area in preserved vegetation and topography in addition to providing stormwater management facilities. It is doubtful that the preserved 15 % lot area and the stormwater management facilities could be one in the same area.

'Soil Erosion and Sedimentation Control The Ordinance states “No person shall initiate any land disturbing activity which disturbs more than 5,000 square feet without having an erosion control plan approved by the town.” It goes on to say that if a “conflict exists between federal, state or local laws, ordinances or rules, the more restrictive provision shall apply.”

13 Nags Head Board Meeting Minutes June 3, 2009 'Currently, topography and vegetation is determined at the time of building permit application. Although a lot over 5,000 square feet is required to have an erosion control plan approved by the Town in many instances, staff has little control on what happens to the vegetation and topography prior to building permit application. If a lot is less than 5,000 square feet in area an erosion control plan is not required therefore the lot can be cleared of all vegetation without being in violation of the Ordinance.

'Soils Chapter 12 of the Land Use Plan states that there are several factors which affect drainage “(a) Soils. The permeability of soils in Nags Head is generally high, thus stormwater can be absorbed quickly into the soils. (b) Groundwater. The height of the water table will affect how much water can be absorbed. The higher the groundwater level, the less water can be absorbed into the soils. (c) Evaportranspiration. Vegetation, especially in forested areas can account for a large quantity of water loss through evaporation from the soil and transpiration from surface of the leaves. (d) Wind and tide effects on groundwater. Strong onshore winds will cause the groundwater level to increase in the area adjacent either to the oceanside or soundside of the island. (e) Septic systems can introduce an additional volume of water into the groundwater system, which can cause the level of the groundwater to increase.”

'Town Engineer Comments The Town’s Engineer David Ryan reviewed and commented on the proposed Ordinance Mr. Ryan recommends that:

 The applicant should be responsible for all site planning instead of Town Staff.  The applicant should enter into an Operation and Maintenance agreement which will obligate them to maintain the stormwater measure to ensure continued operation. (see attached model agreement provided by the Town Engineer)  The O & M agreement could be supplemented with a 5 year Town inspection which would confirm that maintenance is being performed. The estimated cost would be approximately $150-$250 for measurements with a measuring tape or wheel and approximately $500- $750 for a physical survey.  That areas targeted as vegetation and terrain preservation exclude areas that cannot be developed such as AEC setbacks, building setbacks and wastewater disposal repair areas.  When calculating runoff, only partial pervious credit be given which is consistent with current town and NCDENR policies.  Apply the existing Town standard of the 4.3 in., two hour rainfall event instead of 3.5 inch and 3.0 inch.  A soils investigation should be done as part of the review and approval process.

A copy of the Town Engineers complete review is attached along with the model agreement.

'Land Use Plan Through the years the Town has enforced existing regulations as well as adopted new ones to control the quality, density, appearance and location of growth as the Land Use Plan recommends. Chapter 3 of the Plan states “the Town must make sure that when the marginal land is developed and the existing housing stock improved, that it is developed or improved in a fashion consistent with the Town’s desire to retain the “Nags Head” image.” Chapter 16 of the plan also addresses community appearance stating “The Town shall continue to address community appearance

14 Nags Head Board Meeting Minutes June 3, 2009 concerns through the existing boards (Planning Board, Citizens Advisory Committee and Board of Commissioners.” Chapter 24 states “the Town will not amend the zoning ordinance or any development regulation which would result in either increased density (units/acre) or increased intensity of these (vacation) homes.” Chapter 24 of the 2000 Land Use Plan states “The Town shall continually assess and evaluate the Stormwater Management Plan and update the plan when necessary and shall actively work to minimize the rate and amount of stormwater runoff into ocean and sound waters and the impact that stormwater has on those waters.”

Staff submits allowing the increase in lot coverage is inconsistent with the Land Use Plan and does not demonstrate the development attributes which the Land Use Plan recognizes as important to retain the Nags Head image nor does it address factors which affect drainage.

'Staff Recommendation Staff recommends denial of the proposed text amendment.

 As stated above, Staff has determined the effect of the approval of the proposed text amendment is inconsistent with the Land Use Plan in that it does not demonstrate the development attributes which the Land Use Plan recognizes as important to retain the Nags Head image nor does it address factors which affect drainage such as soil absorption rates.  The proposal, if adopted, could also increase the intensity on the building site; an example could result in more bedrooms or additional parking being allowed.  The Town Engineer stated that “The increase in impervious coverage allowance contradicts Low Impact Development (LID) strategies along with the intent of the Coastal Stormwater Rules implementation by increasing built-upon footprints.”  Staff maintains the lot coverage calculation regulations in the existing Ordinance were created to not only manage stormwater but to limit the intensity of built upon area (lot coverage).  Currently, lots under 5,000 square feet would not require a erosion control plan be approved by the town so these lots can be cleared of all vegetation and not be in violation of the Ordinance.  Staff would also find it difficult to determine what is “existing topography” and/or “existing vegetation”. An example would be the former Sea Oatel site. The site was a former motel. The motel was removed, the lot was graded, and the dunes were reconstructed.  Staff would find administering this Ordinance problematic as infiltration rates very according to soils, groundwater, evaportranspiration and septic systems.  The conclusions contained in the recently completed Stormwater Management Plan prepared by WK Dickson were based in part upon existing Ordinance requirements and current conditions in the Town.  If Staff is asked to review and approve onsite stormwater management facilities, Staff does not have the technical expertise to design, review and approve such plans.  Potential conflict with Section 48-370  There are a number of lots in Nags Head that do not contain any significant vegetation or topography. The Planning Board proposal would not be applicable to these lots.

'Based upon earlier the comments by the Green Committee, Staff would recommend that the Green Committee and Town look into financial incentives such as rain barrels, downspout extensions and other green features.

'Planning Board Recommendation The Planning Board heard this text amendment at their April 21, 2009 meeting and unanimously recommended approval.

'Staff will present a PowerPoint presentation regarding the applicability of this proposal at the June 3, 3009 Board of Commissioners meeting."

Notice of the Public Hearing was published in the Coastland Times on Thursday, May 21, 2009 and on Thursday, May 28, 2009, as required by law.

In response to Comr. Gray, Ms. Welsh agreed that increasing lot coverage will not help with stormwater drainage issues.

In response to Comr. Oakes, Ms. Welsh stated that there is now no requirement for stormwater incorporation into a site; Ms. Welsh expressed staff's concern again.

Mayor Cahoon pointed out that Green Committee discussions involved several incentives but was never pursued; is this important enough to be pursued by staff - she questioned if it would be more amenable to provide more quantifiable measures.

Bob Edwards, Planning Board Chairman; the sub-committee of the Planning Board was created over a year ago to look at town-wide ordinances to see where stormwater management could be improved and how to keep it on site and still keep the natural vegetation; Planning Board members felt incentive more than penalty would be a better way to do this; the proposed ordinance complies with the WK Dickson report on stormwater; to keep stormwater on site is a benefit to the Town.

John Ratzenberger pointed out the major divergence between the Planning Board and Planning Staff; need an "over-arching" committee to look at all green issues in the Town; staff presentation confuses stormwater management and lot coverage issues; Section 48-485 should have been evaluated to tie statements between the two; 3 3.5 inches of rain to manage is just a number chosen; has requested that the Board allow the Planning Board to review the proposal again to tighten up the vegetation definition and other technical aspects before presenting to the Board of Commissioners.

Mayor Cahoon - some of the things to include in a proposal are drain spouts, guttering, rain gardens.

Mayor Pro Tem Sadler noted that surveys from the public indicates interest in low-density; she questioned how the stormwater management will be policed.

Mr. Ratzenberger said that the proposal needs to be patched up by the Planning Board prior to re- submittal; his goal was not to employ engineers to make money off residents but wants to make it possible for staff to keep track of - more applicant responsibility.

There being no one else present who wished to speak, the Public Hearing was closed at 11:33 a.m.

It was Board consensus to send the proposal/ordinance initiated by the Planning Board concerning allowing an increase in lot coverage when specified stormwater management areas are incorporated into the site back to the Planning Board and staff for further work. Board comments are to be taken into consideration during preparation of the proposal/ordinance.

Public Hearing to consider zoning ordinance text amendments to amend Town Code Sections 48-373 Roof Top Wind Energy Facility, 48-446(d) Wind Energy Facility, 48-7, 48-407(b)(6) and 48-444(b)(5)

Town Attorney John Leidy introduced the Public Hearing concerning. The time was 11:40 a.m.

"At their January 21, 2009 Board of Commissioners meeting, the Board considered a request from a town property owner about the possibility of locating a wind turbine on their property. It was Board consensus that Staff prepare a white paper which detailed the allowable height of turbines, in what districts they could be located as well as required setbacks.

'At their February 18, 2009 mid month meeting the Board of Commissioners discussed the white paper and directed Staff to prepare an ordinance to regulate wind turbines in the Town. As directed, Staff prepared the Ordinance and presented it to the Board of Commissioners at their March 18, 2009 mid month meeting.

'A Model Wind Energy Facilities Ordinance provided by North Carolina Wind Working Group at Appalachian State University was modified by Staff and reviewed by the Board at the March 18 meeting. After much discussion, the Board instructed Staff to bring back an Ordinance which would only include roof top wind energy facilities and small wind energy facilities in selected districts as described below.

'Roof top wind facilities Roof top wind facilities as defined in the Ordinance are “no more than two (2) roof-mounted systems designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption having a total rated capacity of 10kW or less.” The height of the roof top wind energy facility can not exceed fifteen (15) feet and no more than two (2) will be allowed per site. After much consideration and discussion, it was decided by the Board of Commissioners roof top wind facilities would be allowed, as permitted uses, in the Hotel Overlay District, Commercial Outdoor Recreational Overlay District, and the C2 District as well as in the Ocean and Sound Waters District.

'Small wind energy facilities The Ordinance defines small wind energy facilities as “a single system designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 20 kW or less.” Following an extensive discussion the Board established that the maximum height may not exceed 105’. Small wind energy facilities must also

17 Nags Head Board Meeting Minutes June 3, 2009 be set back 1.1 times the wind turbine height from all property lines and rights-of-way. For example, if a turbine is 100 feet in height, it would need a setback of 110 feet from most property lines except for estuarine waters where it must be a minimum of 30’ from the mean high water lines as determined by CAMA. The clearance for rotor blades must be at least 24’ between their lowest point and the ground or any structure other than the tower. The Board stated small wind energy facilities should only be allowed as conditional uses in the Hotel Overlay District and the Commercial Outdoor Recreation Overlay District. The Hotel Overlay District encompasses the Commercial Outdoor Recreation Overlay District; therefore, the attached ordinance only addresses small wind energy facilities in the Hotel District.

'Two requests for wind energy facilities have been approved within the last year. A turbine with a maximum height of 75’ was approved for Jockeys Ridge State Park and 3 turbines 105’ in height, above the pier deck, were approved for the Jennette’s Pier project.

'Medium and large wind energy facilities can reach several hundred feet in height and after much discussion the Board of Commissioners determined they did not want them located in the Town at this time.

'As presented to the Board of Commissioners guy wires towers will be prohibited and the color of wind energy facilities must be an unobtrusive color such as off-white, white or gray. They cannot be artificially lighted except to the extent required by the Federal Aviation Administration or other authority which regulates air safety. Wind facilities will also not be allowed to display advertising except for manufactures identification as well as decorative items such as flags and streamers. At the end of the discussion, the Board of Commissioners directed staff to begin the formal Ordinance review process.

'Land Use Plan The 2000 Land Use and Water Plan does not discuss wind energy facilities. However, the Draft 2006 Land Use Plan states, “The Town is cognizant that many forms of energy production result in the release of carbon dioxide and potentially contribute to global warming. Some forms of alternative energy production do not result in the release of greenhouse gases most notably the use of wind turbines and electric generation by solar energy. While these forms of energy production do not contribute greenhouse gases, they can have a negative visual impact on the aesthetics of the Town. The Town will consider, on an experimental basis, the use of wind turbines by government entities only after the Town carefully reviews the advantages and disadvantages of alternative energy production and their effect on the visual May 26ment.”

'At the March 18, 2009 Board meeting Staff noted, during discussions about policies in the 2006 Draft Land Use Plan, the Board reviewed the above suggested policy and at the request of Charlan Owens, DCM District Planner should the Town allow wind turbines for other than Government entities, the Town will need to address another policy that reads in part the Town will consider the use of wind turbines by private entities.

'Staff also explained to the Board that in staff’s opinion the only regulatory influence we may have to not allow medium and large wind facilities in the Ocean and Sound Waters District is through our Land Use Plan. Any development permit issued by the Division of Coastal Management for wind turbines would have to be consistent with our Land Use Plan. Should the Board of Commissioners decide to exclude medium and large wind energy facilities from our ocean and

18 Nags Head Board Meeting Minutes June 3, 2009 Ocean and Sound Waters District, the Town may want to address this in a Land Use Plan policy. The Board will discuss this during a review of the Draft Land Use Plan later in the year.

'To summarize the Board of Commissioners actions at their meeting on March 18, 2009, the Board requested Staff to begin the Ordinance review process subject to the following conditions:

Roof top wind energy facilities: 1. Allow as a permitted use in only the Hotel Overlay District, Commercial Outdoor Recreational Overlay District, and the C2 District as well as in the Ocean and Sound Waters District. 2. Limit height to 15’ above the point of attachment on the roof

Small wind energy facilities: 1. Allow as a conditional use in the Hotel District. 2. Maximum height cannot exceed 105’ 3. Setback from property line is 1.1 times the height of the wind energy facility 4. No guy wire towers are allowed

'Attached is the Wind Energy Facilities Ordinance as well as maps of the C2 District and the Hotel Overlay and Commercial Outdoor Recreation Overlay Districts. Staff will also present a short power point presentation. ' Staff finds the proposed Ordinance to be consistent with the 2000 Land Use Plan.

'Staff Recommendation Staff recommends adoption of this Ordinance.

'Planning Board Recommendation The Planning Board heard this text amendment at their April 21, 2009 meeting and unanimously recommended approval."

Notice of the Public Hearing was published in the Coastland Times on Thursday, May 21, 2009 and on Thursday, May 28, 2009 as required by law.

Comr. Gray questioned if the rooftop wind turbine exceeded the height required in the specific district.

Attorney Leidy needs to include in the ordinance how tall the turbine can be to not exceed a specific height.

Comr. Gray questioned if noise issues have been addressed; Ms. Welsh said that the Town's noise ordinance would apply.

John Ratzenberger, Planning Board member; small systems won't be heard above the individual air conditioning system; the 35' is the peak of the roof and not the total height for that particular district; in Nags Head only small rooftop systems will be seen; he noted that periodic inspections should be included in the ordinance.

19 Nags Head Board Meeting Minutes June 3, 2009 There being no one else present who wished to speak, the Public Hearing was closed at 11:57 a.m.

Wes Carter with High Power Solutions; representing wind turbines such as those at the Brewing Station; some figures indicate wind speeds of 19-20 MPH from distance of 20' has 50.1 decibel reading, at 50' it was 49 and at 200' it was 44.1 decibel reading. Higher wind speed the louder noise; manufacturers have spec sheets; in response to Anna and inspections there would be a lot of hurdles for inspecting after a CO; in response to wayne, Mr. Carter stated that he and the company would not want the liability involved in installing a system on the roof.

MOTION: Comr. Remaley made a motion to table discussion/consideration of zoning ordinance text amendments to the Town Code for roof top wind turbines and wind turbine facilities. Board discussion items to include: adding reference to emergency shutoff for rooftop turbines, height clarification, noise, and safety inspections are to be included in an ordinance revision. The motion was seconded by Comr. Gray which passed unanimously.

RECESS FOR LUNCH

Mayor Cahoon recessed for lunch at 12:23 p.m.

RECONVENE FROM LUNCH

The Board reconvened from lunch at 1:30 p.m.

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

Discussion of Parks and Recreation Plan survey questionnaire

"During the 2008-2009 budget process Staff requested postage funds to begin crafting a Parks and Recreation Plan. An approved Town Parks and Recreation Plan will make the Town more competitive in receiving future grant funds as well as give the Board of Commissioners guidance in developing the Town’s recreational opportunities for it’s citizens.

'Attached is a Draft citizen survey developed by Staff and the Interim Town Manager Cliff Ogburn with guidance from Dallas Tucker of the Parks and Recreation Trust Fund.

'Staff intends to include the survey in the Town’s fall newsletter. The survey will also be made available on the Town’s website through a program called Survey Monkey. The Survey Monkey program will allow the respondent to complete and submit the survey online or print the survey and mail the results to the Town. Copies of the survey will also be available at the front counter of the Planning and Development Department.

20 Nags Head Board Meeting Minutes June 3, 2009 'An introduction letter from the Mayor will be sent with the survey indicating what the survey is intended to be used for. The Draft of the letter is also attached.

'Prior to distributing the survey, in the newsletter and online, in early fall Staff will resubmit the survey to the Board for any final comment you may have."

It was Board consensus to send out the Parks and Recreation Plan survey questionnaire, adding the question concerning recreational growth keeping up with the Town's growth to item number 6, with the Fall 2009 Newsletter.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Update on UNC Environmental Studies Program intern for Nags Head Woods Cemetery - from May 6, 2009 Board meeting (info from Town Attorney)

The agenda summary sheet read in part as follows:

"At the May 6, 2009 Board meeting, it was Board consensus to request an intern from the UNC Environmental Studies Program (at no cost to the Town) for a determination of who is buried in the Nags Head Woods Cemetery, and to clearly define the cemetery boundaries.

'An update will be provided at the June 3rd Board of Commissioners meeting."

Attorney John Leidy updated the Board on the UNC Environmental Studies Program and the Town's request for an intern to review Town cemeteries; he stated that the Town's request has been submitted to the University and the internship usually takes place in late summer (August 2009). Attorney Leidy said that he feels it is very likely that the Town will receive an intern.

Update on Town Building Permit process - from May 6, 2009 Board meeting

Planning Director Tim Wilson summarized the agenda summary sheet for the Town Building Permit process which read in part as follows:

"Building permit application and issuance are directly controlled by and subject to the requirements of Town Code Chapter 10 and North Carolina General Statute 160A, Article 19, Part 5. The actual review process, informational requirements, and time frame for building permit issuance varies for each project and is dependant upon the type of use and scale of use being applied for; the review and required approval of the project by other applicable local, state, and/or federal permitting entities; and by the completeness and correctness of the submitted application request by the applicant."

Mayor Cahoon questioned the process when an applicant submits a building permit request; she questioned if there are any criteria for how long each section of the Planning Dept keeps it.

21 Nags Head Board Meeting Minutes June 3, 2009 Mr. Wilson explained that it depends on the significance of the request, if a technical review is necessary, and if CAMA and/or Health Dept. approval are necessary. The goal of the Planning Dept. is a response within five (5) working days.

Decision on future operation of Fresh Pond - from April 1, 2009 Board meeting

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

"At the April 1, 2009 Board meeting, an update was provided on the Fresh Pond status - Former Town Manager Cameron stated that he would have staff file for the wastewater permit renewal for Fresh Pond – due by April 18, 2009 – and bring the disposition of the Fresh Pond water plant back for Board discussion when all members are present - at the June 3rd Board meeting."

Mr. Clark noted that the Town's Water Plant is a seasonal water plant which begins July 1st; Mr. Clark pointed out the following options: 1) operate as in the past at a cost of $164K/year but can't sell to Dare County because of the new/revised Dare County/Town of Kill Devil Hills/Town of Nags Head water contract; 2) Mothball the plant and operate only a few months out of the year $113K/year; 3) Shut the Water Plant down completely at a cost of $3,200.

MOTION: Comr. Oakes made a motion to shut down Fresh Pond operations. The motion was seconded by Comrs. Gray and Remaley which passed unanimously.

NEW BUSINESS

Consideration of revised Division 7 of Chapter 44 Utilities to incorporate Water Shortage Response Plan

Mayor Cahoon postponed the agenda item concerning Town Code Chapter 44 and Water Shortage Response Plan until Water Superintendent Nancy Carawan is available later in today's meeting.

Discussion of dangerous dogs ordinance

Town Attorney John Leidy summarized his commentary on the proposed dangerous dogs ordinance which read in part as follows:

"As mentioned in previous meetings, there is a general consensus amongst the Towns and the County that a uniform ordinance scheme dealing with dangerous animals would be optimal. The starting point for such a scheme is Article 1A of Chapter 67 of the General Statutes. This provides a local government responsible for animal control the authority to determine and declare that a dog is “potentially dangerous” or “dangerous”. The statute requires that the local government establish a hearing process for appeals from such terminations. The County Ordinance provides that the Health Director makes the initial determination, and the owner has the right of appeal to a “Dangerous Animal Appeal Board”. There is a further right of judicial review from such

22 Nags Head Board Meeting Minutes June 3, 2009 determinations. Upon a final determination that an animal is a dangerous dog, the ordinance authorizes the human destruction of the animal.

'We have prepared an ordinance to dovetail the County’s. We have appointed the Chief of Police as the official to make the determination that an animal is dangerous. The Town will need to appoint a Dangerous Animal Appeal Board to hear the appeals from the Chief’s determinations. 'No specific qualifications are established in the statute for such individuals. But such Board will be established and then appointed like other boards.

'The proposed ordinance is consistent with the statute and the County Ordinance. It does not address any breed – specific ban, which should be the subject of a separate ordinance to be developed once the County has developed its ordinance on that subject."

Police Chief Byrum spoke in favor of the proposed dangerous dogs ordinance.

CONTINUATION OF MOTION: The motion passed unanimously.

A copy of the ordinance concerning dangerous dogs, as adopted, is attached to and made a part of these minutes as shown in Addendum "C".

Comr. Oakes volunteered to serve on the Dangerous Animal Appeal Board - a request for volunteers is to be included in the Town's Newsletter and on the Town's web site.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Request for Closed Session to provide update on litigation (Beacon Motor Lodge, Kirkpatrick South Nags Head) IAW GS 143-318.11(a)(3)

Town Attorney John Leidy requested a Closed Session to provide updates on the following litigation: Beacon Motor Lodge, Beatty house from Northridge Subdivision, Kirkpatrick from South Nags Head, and the Finch Street drainage issues.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Interim Town Manager Cliff Ogburn provided the following updates:

- July 4th fireworks - Currently there is $825 in the fund for fireworks; Bay Fireworks will again provide the display this year at Nags Head Pier with a rain date of July 5th.

- Beach nourishment project – today Deputy Planning Director Bruce Bortz is attending on the Town’s behalf a meeting at the COE office in Wilmington; purpose of the meeting is to discuss the final revision of the EIS.

- Disposition of yellow house in Nags Head Woods - suggestion to keep as picnic area - open area - as an observation deck - It was Board consensus for Cliff to continue to look into the possibilities for the yellow house in Nags Head Woods – a picnic area and an observation deck was mentioned - and to report back to the Board.

Consideration of revised Division 7 of Chapter 44 Utilities to incorporate Water Shortage Response Plan

Public Works Director Dave Clark and Water Superintendent Nancy Carawan summarized the updated Water Shortage Response Plan for Board members. The agenda summary sheet read in part as follows:

"Attached please find a revised Division 7 of Town Code Chapter 44 Utilities which incorporates the State-required Water Shortage Response Plan. Also attached is an Addendum listing Conservation Measures. A Public Hearing is not required for this portion of the Town Code."

MOTION: Mayor Pro Tem Sadler made a motion to adopt the ordinance concerning the Town Water Shortage Response Plan - Section 44-211 of Chapter 44 Utilities - with the following modifications:

Change "shall" to "are likely to" and add "as determined by the Town Manager" in Section 44-211 to read as follows: "… system is low and declining due to conditions that, as determined by the Town Manager, are likely to adversely affect the continued availability of water…."

The motion was seconded by Comr. Oakes which passed unanimously.

A copy of the ordinance updating the Water Shortage Response Plan, as adopted, is attached to and made a part of these minutes as shown in Addendum "D".

BOARD OF COMMISSIONERS AGENDA

Comr. Oakes - Summer

Comr. Oakes said that is nice that warmer weather and summer are here.

Mayor Pro Tem Sadler - Beach nourishment

Mayor Pro Tem Sadler questioned why the Town is being requested for additional beach sand samples; Interim Manager Ogburn is to obtain some clarification on this.

Mayor Pro Tem Sadler - Jennette's Pier

Mayor Pro Tem Sadler reported on the May 27, 2009 meeting of the Jennette’s Pier Advisory Board; the Advisory Board was established with the MOU between the Town, the County and the State. The Advisory Board meets every other month with the next meeting scheduled for July. Bob Muller was appointed as Chairman.

24 Nags Head Board Meeting Minutes June 3, 2009 Interim Manager Ogburn reported that the clean up of trailers behind Sam and Omie’s has been completed and the concrete pilings will be arriving the third week of June.

There may be area cut through the fence for pedestrian walkway/vehicles; letters were sent ½ mile of site to houses informing of the construction; they are now taking applications for construction jobs.

Comr. Oakes - Beach Road Parking Committee

Comr. Oakes reported that the Beach Road Parking Committee met yesterday; Comr. Oakes asked Police Chief Wayne Byrum to assess the No Parking signs in front of the Lucky 12 Tavern.

Comr. Gray - Treatment of employees

Comr. Gray asked about the treatment of Town employees during yesterday’s meeting by attendees at the Beach Road Parking Committee meeting.

Mayor Cahoon - Meeting in Raleigh with DENR Director

Mayor Cahoon will be attending a meeting on Monday, June 8, 2009 to meet with DENR Secretary Freeman to discuss how to get everyone on the same page - the terminal groins bill has already been introduced.

Mayor Pro Tem Sadler - Report of meetings

Mayor Pro Tem Sadler asked Board members to provide a brief report of each Committee meeting they attend.

Comr. Remaley - New Budget Workshop date

Comr. Remaley confirmed that the next Budget Workshop is scheduled for Wednesday, June 10, 2009 at 1:30 p.m. in the Board Room.

MAYOR’S AGENDA

Mayor Cahoon - Jennette's Pier beach access

Mayor Cahoon reported on the Jennette's Pier construction site beach access; a 10' pedestrian access has been staked for access to the beach - on the north property line.

Comr. Oakes thanked Mayor Cahoon for fighting for a viable access.

25 Nags Head Board Meeting Minutes June 3, 2009 Mayor Cahoon - Town's 48th Birthday - Saturday, June 13, 2009

Mayor Cahoon invited everyone to attend the Town’s 48th birthday and annual Lightkeeper award ceremony on Saturday, June 13, 2009 at 11:00 a.m. at Town Hall.

Mayor Cahoon - CAC may be put on hiatus

Mayor Cahoon has received an email from the Citizens Advisory Committee (CAC) Chair, John Ratzenberger who feels that the Committee should be put on hiatus; the Committee may want to be inactive for a while.

Mayor Cahoon - Discussion of search for new Town Manager

Mayor Cahoon discussed with Board members the transition/search for a new Town Manager She mentioned that Retreat Facilitator Becky Veazey has a fee of $900/day plus expenses.

Mayor Cahoon suggested putting out an RFP for search firms to fill the Town Manager position.

CLOSED SESSION

MOTION: Mayor Pro Tem Sadler made a motion to enter Closed Session to discuss the following litigation matters pursuant to GS 143-318.11(a)(3): Beacon Motor Lodge, Kirkpatrick, Finch Street, and Beatty litigation. The motion was seconded by Comr. Oakes which passed unanimously. The time was 3:15 p.m.

OPEN SESSION

The Board re-entered Open Session at 3:30 p.m. Attorney Leidy reported that the Board discussed the items it went into Closed Session to discuss and took no formal action.

Comr. Remaley - New Budget Workshop date

Due to scheduling conflict, it was Board consensus to move the budget workshop from June 10th at 1:30 p.m. to Tuesday, June 9th at 1:30 p.m. Comr. Remaley is scheduled to attend a MHZ communications meeting on June 10th.

ADJOURNMENT

MOTION: Comr. Remaley made a motion to adjourn to a mid-month meeting on Wednesday, June 17, 2009 at 7:30 p.m. in the Board Room which passed unanimously. The time was 3:31 p.m. ______Carolyn F. Morris, Town Clerk

Approved: July 1, 2009______

Mayor: ______M. Renée Cahoon