Kitty Hawk Town Council

Proposed Agenda KITTY HAWK TOWN COUNCIL Monday, June 7, 2010 Kitty Hawk Town Hall, 6:00 PM

1. Call to Order

2. Moment of Silence/Pledge of Allegiance

3. Approval of Agenda

4. Comments on Summer 2010 Ocean Rescue

5. Public Comment - The General Public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting and when your name is called, come forward and speak into the microphone at the podium. Please limit comments to 3 minutes.

1.) Linda Sharp

6. Consent Agenda - Items on the Consent Agenda are considered to be non-controversial, routine in nature or items not requiring a presentation to or discussion by the Town Council in order to consider the item(s). Any item may be removed for discussion by Council or by any member of the Audience who wants to hear the item presented and discussed.

a.) Approval of Minutes: May 3, 2010 Regular meeting. (An affirmative vote for the Consent Agenda will approve these minutes.)

b.) Tax Pick Ups and Releases - (An affirmative vote for the Consent Agenda will acknowledge this report.)

c.) Revenues and Expenses Report for April 2010. (An affirmative vote for the Consent Agenda will acknowledge this report.)

d.) FY 09-10 Budget Amendment #3/Sand Fence Annual Project Funding – Approval will recognize and appropriate 100% match of monies expended by the Town for materials to stabilize the protective berm/dune line on the oceanfront. Application has been made and funds will be reimbursed by the County at cost for materials purchased in the amount of $15,179.00. (An affirmative vote for the Consent Agenda will approve this budget amendment.)

e.) FY 09-10 Budget Amendment #4/Tropical Storm Ida Grant Funding – In November 2009 Ida caused flooding and ocean overwash resulting in a total of $51,588.00 in costs associated with debris removal and infrastructure damages to streets. The Town became eligible for a 75% match in Disaster Grant funds from NC DENR. This amendment will recognize and appropriate $51,588 of which $38,691 will originate from grant-eligible funds and the remaining $12,897 will be appropriated from the Town’s General Fund balance.

f.) North Carolina Statewide Emergency Management Mutual Aid and Assistance Agreement – This agreement is a voluntary agreement among North Carolina municipalities to obtain or provide assistance during a hurricane or similar disaster. (An affirmative vote for the Consent Agenda will approve this agreement.)

g.) Memorandum of Understanding with RPC Contracting Inc. – This MOU will allow the Town to purchase diesel and gasoline from RPC at the prevailing price per gallon before, during, or after a storm event. (An affirmative vote for the Consent Agenda will approve this memorandum of understanding.)

h.) Post-Storm Debris Clean Up and Street Repair/Reconstruction – Acceptance of Contractor for Post-Storm Debris Clean Up and Street Repair/Reconstruction – The Town received formal bids from five contractors that were complete and on time. The Public Works Director evaluated the proposals and suggests CrowderGulf to enter into contract with. This will be the secondary contractor for use by the Town. The Town will utilize Dare County’s contractor for initial cleanup, and will utilize CrowderGulf should the County contractor not be able to respond to the needs of Kitty Hawk. The contractual term will be from July 1, 2010 – June 30, 2013. This is a requirement for FEMA reimbursement. (An affirmative vote for the Consent Agenda will approve this bid.)

i.) Post-Storm Facility Repair – Acceptance of Contractor for Post-Storm Facility Repair - The Town received formal bids from three contractors that were complete and on time. The Public Works Director evaluated the proposals and suggests Sanderling Construction, Inc. as the contractor to repair Town Facilities in the event of an emergency event. The contractual term will be from July 1, 2010 – June 30, 2011. This is a requirement for FEMA reimbursement. (An affirmative vote for the Consent Agenda will approve this bid.)

7. Items Removed from the Consent Agenda

8. Public Hearings: a.) FY 2010-11 Budget – Following a brief presentation by Manager Stockton the public is invited to comment on the recommended $6,404,043 budget. It is an increase of $682,248 over the FY 09-10 budget and $0.18 cents per $100 valuation remains the same. b.) Conditional Use Permit: Application for a conditional use permit to establish a home occupation for Adams Towing in a Beach Residential (BR-1) zoning district within the existing residence at 3805 Keepers Way. Two employees of Adams Towing would reside on the premises, maintain a small business office, and respond to calls. c.) Text Amendment: Application to amend Section 42-251 of the Kitty Hawk Town Code with the addition of subsection (c)(34) permitting open air markets as a conditional use in the Beach Commercial (BC-2) district, subject to certain conditions. d.) Conditional Use Permit: Application for a conditional use permit to establish an open air market at the former Foreman’s Lumber property at 4100 N. Croatan Highway. At full capacity, the property would accommodate up to 69 retail vendors on/in approximately 13,472 square feet of retail space. e.) Conditional Use Permit: Application for a conditional use permit to establish a veterinary hospital in Unit 9 of the existing multi-tenant building at the Ocean Plaza shopping center, 3723 N. Croatan Highway. f.) Conditional Use Permit: Application for a conditional use permit to establish a produce stand within the existing shed addition on the northern side of the building containing Handee Hugo’s gas station/convenience store at 5361 N. Virginia Dare Trail.

9. Public Hearing Action:

Council action may include approval, denial, modifications, or tabling an item. Some public hearing items may include in the motion: “The Town Council of Kitty Hawk has found this amendment to be consistent with the Town’s adopted CAMA Land Use Plan and is in the public interest.”

10. New Business: a.) NC 20 – This organization began with the opposition to property insurance rate increases in 2009. It needs members to provide funding for lobbyists to work on coastal issues. They are suggesting a contribution of $.10 per capita or a $500 minimum. b.) Resolution Requesting Allocation of Monies for NCDOT Participation in Storm Drainage Study with the Town of Kitty Hawk – This resolution will begin the process of developing a Municipal Agreement between the Town and DOT for the purpose of conducting a joint storm drainage study for the Town. c.) Right of Way Encroachment Agreement with NCDOT – After this agreement is approved and signed the Town may proceed with construction of a multi-use path on E. Kitty Hawk Road. d.) Albemarle Regional Solid Waste Management Authority Representative – Town of Kill Devil Hills Commissioner Bob Peele has been nominated by the Town of Kill Devil Hills to be the Dare County Towns representative on the ARSWMA. The appointment will be made by the Dare County Commissioners. e.) Planning Board, Board of Adjustments, Recreation Committee Appointments – Terms of office for Planning Board members Oscar Northen, Dick Fagan, and Craig Garriss will expire June 30, 2010. In addition, the Chairman and Vice-Chairman term of office will expire. All current members have expressed an interest in being reappointed to a two term. The current Chair and Vice-Chair have also said they will serve another one year term if council so desires. (The council shall appoint the Chair and Vice-chair for a one year term.)

Terms of office for Board of Adjustment members Earl Taylor, Barb Connery, and John Richeson will expire June 30, 2010. All current members have expressed an interest in being reappointed to a three year term. The current Chair and Vice-Chair have also said they will continue serving in those capacities if Council so desires. (The Council shall designate a Chair and Vice-chair for one year or until a successor is designated.)

Terms of office for Recreation Committee members Ricky Brake, Alice Faircloth, and Bill Tomlinson will expire June 30, 2010. Mr. Brake and Mr. Tomlinson have expressed an interest in being reappointed to a four year term while Mrs. Faircloth has declined at this time. There is also a vacancy. (The committee elects the Chair and Vice-chair for a term of one year.)

11. Reports or General Comments from Town Manager

a) Compliment from Jim Coglin of Sandpiper Cay b) Update on Hazard Mitigation Plan c) Update on PARTF Grant for Sandy Run Park d) Report on staff review of Kitty Hawk Park e) Report on annual Business Survey by Police Department

12. Reports or General Comments from Town Attorney

13. Reports or General Comments from Mayor and Council Members

14. Public Comment

15. Adjourn