Draft Town of Nags Head

TOWN OF NAGS HEAD BOC ACTIONS April 9, 2008

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

2. Adoption of agenda – The Board passed a motion to adopt the agenda with the removal of agenda item #11 concerning a Request for Public Hearing for discussion after agenda item #14 and to move the Report on GAC to the first position on the agenda.

3. GAC – It was Board consensus to agree to Dare County attorney Bobby Outten's proposals to include the School Board as a member of the GAC Committee and to agree to pool the funds coming from the legislature into the Committee for the benefit of all participating entities. The Board passed a motion to adopt the proposed/amended GAC FY 08/09 Budget as presented.

4. Audience Response

Ron Keating, Woodbridge, Virginia and Carolinian Circle property owner; he is trying to build a home on Carolinian Circle and is not happy about how the Town did business concerning approval of the road; he would like the Town to release his building permit.

Raymond Pate, Nags Head resident and Carolinian Circle property owner; he is upset about a letter he received from the Town Attorney; he received a declaration of withdrawal confirmation in the attorney's letter for Carolinian Circle; he is concerned that the Town is using State funds to maintain a Town road.

Mike Kelly, Nags Head resident and business owner in Nags Head; he thanked the Board for their support of the Kelly’s St. Patrick's Day Parade; he specifically thanked Town staff for their help; he also noted that the evaluation of the parade with Town staff is to be scheduled for late April.

Mike Kelly, Nags Head resident and business owner in Nags Head; he summarized with Board members a worksheet entitled "Items of Consideration for US 158 Multi-Use Path Carolinian Circle to Hollowell Street".

Elaine Smith, president of Nags Head Pond Property Owner's Association; she reviewed her recent letter written to Mayor Cahoon re: Nags Head Pond neighborhood issues with several Kelly’s Restaurant events: St. Patrick's Day Parade, adult Easter egg hunt, and the First Flight Cruisers antique car event.

Beth Tolliver, Kill Devil Hills wrecking company representative; she requested that the Town’s towing policy be changed to add to the total number of wrecking companies.

Mayor Cahoon stated that questions/inquiries made during today’s Audience Response would be addressed by the Board under “Other Business”.

5. Recognition - On behalf of the Board, Mayor Cahoon presented a plaque to and congratulated Finance Officer Kim Kenny on her recent Local Government Finance Officer certification.

6. Consent – The Board passed a motion to approve the Consent Agenda as presented (agenda item #11 was previously removed from the Consent Agenda). The Consent Agenda consisted of the following:

Budget Adjustment #8 to FY 07/08 Budget Ordinance Tax Adjustment Report Approval of Minutes Proclamation declaring April as Child Abuse Prevention Month Proclamation declaring 2008 Spring Litter Sweep Nags Head Board Actions April 9, 2008 Lease/purchase resolution for current year capital financing Request for Public Hearing - Outer Banks Limousine and Taxi Request for Public Hearing – amendment to exempt development in C-3 from open space/landscaping rqmts Request for Public Hearing - amendment to exempt single family dwelling uses destroyed by accidental loss

7. Public Hearing - to consider proposed amendments to Town Code re: mobile outdoor advertising signs – The Board passed a motion (with Comr. Remaley casting the NO vote) to deny the request.

8. Agenda item #11 – Removed from Consent - Request for Public Hearing to consider zoning ordinance text amendment to reduce the dollar value of work triggering compliance of nonconforming structures with commercial architectural design standards.

Comr. Oakes directed staff to provide more comprehensive information for the actual Public Hearing so that the potential effect will be known – staff is to provide more universal samples. The Board passed a motion to schedule the Public Hearing for the May 7th Board meeting.

9. Sandbags - Deputy Public Works Director Ralph Barile said that as a result of recent storms there is considerable more erosion and debris on the beach and that he and staff will continue to evaluate the beach when they are able to drive on the beach.

In response to Mayor Pro Tem Sadler, Planning Director Tim Wilson explained that removal of the sandbags will be monitored by the Elizabeth City CAMA office.

Mayor Cahoon distributed an email from the CRC Chairman which provides a brief history of sandbags and their original intent. Staff is to include this information on the Town's web site.

10. Beach nourishment permitting - Town Manager Cameron reported on a recent meeting in Wilmington with the Corps of Engineers which included Col. Pulliam; the Town’s consultants (Coastal Science and Engineering) were commended on preparation of the EIS; Col. Pulliam subsequently wrote a letter to US Fish and Wildlife supporting a summer beach nourishment program.

Mayor Cahoon reported on her and Town Manager Cameron’s trip to Washington, DC for National League of Cities meeting where they also met with Senators Dole and Burr; both expressed support for beach nourishment.

11. Groins – The Board passed a motion to adopt the resolution in support of the construction of terminal groins, as amended.

12. Massage therapy – The Board passed a motion to approve the request by Lisa West for a massage therapy business license – transfer of current business from Ellen Kornmeyer of Even Keel Massage Therapy.

13. MPT Sadler - summarized Town of Duck's letter supporting NC Turnpike Authority's recommendation - the Board passed a motion to forward the letter of support for the bridge, with an attached resolution.

14. MPT Sadler - expressed her appreciation of the monthly department reports submitted by department heads in the Board packages; she pointed out the decreased number of building permits issued.

15. Comr. Oakes - said he would be forwarding a “green” building package to Board members which includes a list of recommendations.

16. Comr. Oakes - expressed concern that a maximum of five minutes is allowed for those speaking during Public Hearings; he would like to see more flexibility for public hearing speakers.

2 Nags Head Board Actions April 9, 2008 17. Comr. Oakes - would like to see a change in the Board agenda format – he would prefer that the attorney and town manager report prior to Board comments at each public hearing – he stated that often the attorney’s or the town manager’s comments answer his questions.

18. Comr. Gray - reported that last week’s NC Beach and Inlet Waterways Association conference was very beneficial and he encouraged Town attendance at future NC-BIWA conferences.

19. Comr. Gray - reported that he would be out of Town working for approximately ten (10) days; he assured Mayor Cahoon he would leave his schedule with the Town Clerk.

20. Comr. Gray - stated that he would be taking a trip with Town Manager Cameron to visit coastal area beach nourishment/terminal groin projects.

21. Comr. Remaley - requested a report on the State's unfunded mandate for restaurant recycling of bottles, etc. Town Manager Cameron reported that meetings have taken place with local restaurants and he will provide an update at the May 7th Board meeting.

Town Manager Cameron stated that he would contact KDH Manager Debbie Diaz concerning their program which authorizes some recycling companies to offer a service to homeowners. An update will be provided at the May 7 th Board meeting.

22. Comr. Remaley - reported on the NPS fire protection contract with the Town. The action is in the Park Service’s court – they have indicated that they would try to expedite their contact review process.

23. Town Attorney – Ike McRee summarized his letters to Carolinian Circle property owner Raymond Pate; Mr. McRee stated that he does not feel there is any more for the Town to do unless it wants to spend taxpayer funds to pave entire Carolinian Circle. Comr. Oakes stated that usually property developers construct roads in accordance with Town standards so lots can be sold and houses can be built.

24. Town Attorney - Ike McRee provided the history of the stone wall at Old Duffer Court in the Town’s right-of- way in the Village at Nags Head. He stated that staff needs direction - He provided the following three (3) options for Board consideration: amend the Town Code, grant an easement, or grant a license.

It was Board consensus to inform the wall owners, the Byrums and the Chisholms, that the wall is to be removed within the next 15 days or it will be removed by Town staff on the 16th day (April 25th).

25. Town Manager - Cameron reported that the annual bikers weekend is scheduled for April 24 – 27; vendors will be set up at NY Pizza and Surfside Plaza sites. There were issues with the usual site - Jennette’s Pier - due to the upcoming pier demolition. The annual boat show is that same weekend.

26. Town Manager - A CAMA major permit was received from Kitty Hawk Kites regarding the lot adjoining property on the sound owned by the Town and the DCTB (next to Windmill Point property).

27. Town Manager - A letter was recently received from Rep. Tim Spear which was sent to the NC Aquarium Society emphasizing the importance of keeping the Jennette’s Pier name in the pier’s title. It was also reported that David Griffin of the Society said that bids have been received for demolition of the pier.

28. Town Manager - Staff recently met with real estate managers to discuss the job of educating renters about the ban on fireworks in the Town.

29. Town Manager - Cameron reported that Conch and Curlew Street ocean outfalls have been repaired.

3 Nags Head Board Actions April 9, 2008 30. Town Manager - Cameron reminded Board members of the Land Use Plan Workshop with the Planning Board scheduled for 7:00 p.m. on Wednesday, April 16, 2008.

31. Town Manager - Cameron reported that Cliff Ogburn will begin his duties as Deputy Town Manager on Monday, April 14th.

32. Mayor Cahoon - confirmed with Town Manager Cameron that the recommended FY 08/09 Budget would be presented to the Board at the May 7th Board meeting. The following Budget Workshops were scheduled for 7:00 p.m. in the Board Room:

Wednesday, May 14th - Thursday, May 15th - Wednesday, May 28th

33. Mayor Cahoon – The Board passed a motion to adopt the resolution opposing collective bargaining. The motion passed 4 - 1 with Comr. Remaley casting the NO vote.

34. Mayor Cahoon - noted that the next beach driving regulatory negotiation meetings are scheduled for May 8 th and 9th at the Comfort Inn South in South Nags Head.

35. Audience response - Kelly’s Restaurant - Mayor Cahoon stated that all parties need to be at the same table at the same time to critique the St. Patrick’s Day Parade, the Easter egg hunt festivities and the First Flight Cruisers antique car show. With their concurrence, Mayor Cahoon appointed Comr. Oakes and Comr. Remaley to attend the critique, to be scheduled for later in April. Nags Head Pond Property Owners’ Association and First Flight Cruiser representatives are to attend the critique with staff and Mike Kelly - which is to include future planning activities. Recommendations are to return to the Board, if necessary.

36. Audience response – Towing policy - Town Manager Cameron stated that he and Police Chief Byrum would be meeting with Beth Tolliver who spoke during Audience Response concerning her request to be added to the Town's towing rotation list. Staff is to bring this item back with background information on the towing rotation policy for discussion at the May 7th Board meeting.

37. Audience response – Carolinian Circle property owner Ron Keating said that he was previously issued a building permit which was subsequently suspended; he said that there are already provisions in the Town Code that would allow him a building permit if Carolinian Circle were to be designated as an access road.

38. MPT Sadler - Mayor Pro Tem Sadler stated that in July 2007 the Board appointed her and Comr. Gray to review the Town's employee benefits; she confirmed with Mayor Cahoon that the benefit study would be discussed philosophically during the Board's retreat.

39. Closed Session – The Board passed a motion to adjourn to a Closed Session in accordance with GS 143- 318.11(a)(6) to discuss the Town Manager's annual review. The time was 1:20 p.m.

40. Open Session - The Board reconvened to Open Session at 2:37 p.m. Mayor Cahoon reminded Board members that the joint workshop with the Planning Board to discuss the LUP would be held on Wednesday, April 16th at 7:00 p.m. in the Board Room.

41. Adjournment – The Board passed a motion to adjourn. The time was 2:38 p.m.