DRAFT Nags Head Board Meeting Minutes

April 2, 2003

DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

April 2, 2003

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 9:00 a.m. on Wednesday, April 2, 2003.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem George Farah III;

Comr. Doug Remaley; Comr. Anna Sadler; and Comr. Brant Murray

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Deputy Town Manager Rhonda Sommer; Town Attorney Ike McRee; Roberta Thuman; Tim Wilson; Bruce Bortz; Courtney Gallop; Charlie Cameron; Butch Osborne; Dave Clark; Jim Northrup; Todd Krafft; Frances Berslak; Brittany May; Chelsea Orrell; Jordon Rhodes Brian Cauthern; Don Bailey; Max Sonnino; Dick Harper; Koochie Scott; Harry Thompson; George Brown; Chuck Blazek; Leila Toothill; George Ansell; Mary Ansell; Robert Hobbs; Robert Outten; Deborah Bryant; Greg Honeycutt; Paula Flynn; Jim Norrell; Ralph Buxton; Matt Artz; Julia LeDeux; and Town Clerk Carolyn Morris

Mayor Muller called the meeting to order. He asked that everyone keep those overseas in their thoughts during a moment of silent meditation which was followed by the Pledge of Allegiance to the United States Flag.

Mayor Muller welcomed everyone to the meeting and recognized in the audience former Commissioner Dick Harper and former Commissioner Ronnie Scott's wife, Koochie Scott.

PRESENTATION OF SEPTIC HEALTH SCHOOL MASCOT CONTEST WINNERS

Septic Health Coordinator Todd Krafft presented a brief powerpoint presentation of the Septic Health School Mascot Contest program which was originated to get local schools involved in water quality and conservation. The following winners were recognized by the Board:

Honorable Mention – Frances Berslak – age 10 – "Eat Picture"

Third Place - Brittany May – age 10 "Captain Sewage"

Second Place - Chelsea Orrell – age 11 – "Septic-Bob Square Tank"

First Place – Jordon Rhodes – age 11 – "Hank the Septic Tank"

On behalf of the Board, Mayor Muller presented Award Certificates/Award Ribbons and a monetary award to the First Place and Second Place winners. The Third Place winner was unavailable to attend.

Mayor Muller noted that Mr. Krafft is seen on the cover of this month’s issue of "Small Flows" magazine.

AUDIENCE RESPONSE – HARRY THOMPSON

Harry Thompson, Nags Head resident, commented on the recent issue of the town’s newsletter – Nags Head Lines – which he feels is the best one so far; he noted that the Mayor’s Message indicates that last year was a good year for Nags Head which he stated included a tax increase. He said that now is the time for the new budget and he urged Board members to maintain a tight discipline on the budget so they do not have to ask the taxpayers for additional monies.

INTRODUCTION OF NEW EMPLOYEES

Public Safety Director Charlie Cameron introduced Dean McManus who returned to town employment as Police Officer on March 4, 2003.

Chief Butch Osborne introduced Joshua Corsa who started work as a firefighter on March 26, 2003.

Deputy Town Manager Rhonda Sommer introduced Deborah Saunders who began working for the town as Customer Service Clerk/Cashier on March 14, 2003.

On behalf of the Board, Mayor Muller welcomed the employees to town employment. He also noted that new employees do not necessarily equate to new positions.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

On behalf of the Board, Mayor Muller presented Bryan Seawell, Chief Building Inspector, with a certificate of recognition for five years of service to the town.

On behalf of the Board, Mayor Muller presented Carole Lewallen, Planning Technician, with a framed certificate of recognition and a necklace charm with engraved town emblem for 20 years of service to the town. Mayor Muller noted that the first computer the town owned was placed in Ms. Lewallen’s office.

CONSENT AGENDA

The Consent Agenda consisted of the following agenda items:

- Consideration of Budget Adjustment #10 to FY 02/03 Budget

- Consideration of Tax Adjustment Report

- Consideration of modification to Consolidated Fee Schedule to include fee for house moving

- Formal ratification of Town Manager’s contract

- Consideration of policy pertaining to computer assistance for elected officials

- Consideration of amendment to the Town Code, Chapter 9, Fire Prevention and Protection

concerning fire hydrants

- Consideration of amendment to the Town Code, Chapter 15, Solid Waste Management

concerning dumpsters

- Request for public hearing to consider public comment on proposed Capital Improvement Program (CIP) Projects for FY 2003/2004 – FY 2007/2008

- Request for public hearing to consider proposed amendments to the Town Code pertaining to large structures

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

A copy of Budget Adjustment #10, 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 from the Public Safety Director, dated March 24, 2003, concerning the amendment to the Consolidated Fee Schedule to include a fee for house moving, as approved, read in part as follows:

"As the Board of Commissioners is aware, the Town has a fee structure for moving houses and commercial buildings. This fee covers the Planning and Development permit costs but it does not incorporate fees for police escorts for moving buildings. I am requesting to amend this section of the Consolidated Fee Schedule to allow public safety assistance for house/commercial building moves.

'As a result of redevelopment, the Town has witnessed an increased number of houses and commercial buildings being relocated or moved. Most of these houses/commercial buildings being moved involve a minimum of two police officers and two police vehicles to safely accomplish the movement of the building to another location, within the Town, or to one of the Town’s jurisdictional boundaries.

'Some of these house/commercial building moves have required more than two police vehicles and on several occasions supervisory personnel have been required to assist in order to accomplish a house/commercial building move safely. Most of these house/commercial building moves take place during the day light hours. On most day shifts there are only two police officer patrol units working. On some of these “house moving” days, on-duty police officers have required court appearances. Other on-duty police officers and supervisors are often busy answering other calls for police service or patrolling the neighborhoods, commercial areas or the roadways in the Town.

'When a house/commercial building move is begun the two (2) or more police officers with their patrol vehicles must stay with the house/commercial building being moved for the duration of the move while within the Town’s jurisdiction. These designated/assigned police officers/ vehicles are, therefore, unavailable to be dispatched to other calls for service or to be involved in any regular deterrent traffic or neighborhood/commercial area patrols.

'As redevelopment increases in the Town, we can only expect the number of police officer escorted houses/commercial buildings being moved to increase in frequency and number. It is my belief that the citizens of the Town should not have all of their on-duty police officers tied up and unavailable for patrols or to answer calls for service while they are busy with these house/commercial building moves.

'When all of the available on-duty police officers are assigned to a house/commercial building move then either police supervisors/police administrators or “mutual aid” must be relied upon to answer calls for service and there are no patrols occurring in the Town.

'It is for these documented reasons that I am requesting and recommending that the Board of Commissioners amend the Town’s Consolidated Fee Schedule by including “police escorts for the moving of houses or commercial buildings”. I further recommend that the fee be set at $100.00 for the first two (2) hours and $50.00 per hour for each additional hour or any part thereof over the initial two-hour period. I am also recommending that there be an additional $10.00 per hour, or any part thereof, fee for each police vehicle used in the police escort for the moving of houses or commercial buildings.

'Example: House/commercial building being moved for two (2) hours would have a fee assessment of $140.00 for two (2) police officers and two (2) police vehicles ($100.00 for two police officers and $10.00 per hour/per vehicle = $40.00).

'Staff is available to answer any questions that the Board of Commissioners might have."

The policy for computer assistance to elected officials, as approved, read in part as follows:

"MIS Support Policy for Commissioners

'This policy has been developed to ensure and to facilitate the ability of the Town of Nags Head Board of Commissioners to have access to the electronic information necessary to perform their duties and to define the Management Information Systems (MIS) support process offered to elected officials.

'Any Board member that needs assistance from the Management Information Systems Division may request support by notifying the Town Manager of his or her support need. Upon this notification, the Manager will ask MIS to contact the Board member via email or by phone. If it is determined by MIS that resolution to this request cannot be solved over the phone or through email, MIS will notify the Town Manager of its findings. The Manager will then determine if one of the MIS support staff should be dispatched from the Town offices to fix the problem. This determination will take into account that any efforts in time or funds will have a cost benefit to the Town in terms of Town benefit exceeding any incidental perceived personal benefit. Both the Commissioner being offered MIS support and the Town Manager understand that the Town is not liable for any incidental damages the may occur during the support process, e.g., the loss of personal data or damage of personal property.

'If a Commissioner contacts MIS support personnel directly, MIS will determine the problem and offer support over the phone or by email as long as the determination and support offered is prioritized in a manner consistent with MIS best practices.

'No support personnel will be dispatched from the MIS offices to service any Board member without prior authorization from the Town Manager or his proxy.

'All support requests from Board members’ will be documented by MIS, detailing the problem, the solution and the amount of labor specified in minutes and hours.

'All such support requests will be reported to the Town Manager."

A copy of the ordinance amending Town Code Chapter 9, Fire Prevention and Protection concerning fire hydrants, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”.

A copy of the ordinance amending Town Code Chapter 15, Solid Waste Management concerning dumpsters, as adopted, is attached to and made a part of these minutes as shown in Addendum “D”.

PUBLIC HEARINGS

PUBLIC HEARING to consider conditional use application for a boarding house from Carol Deanes, 305 W. Bridge Lane

Mayor Muller reported that the applicant, Carol Deanes, is ill and she has sent a representative in her place. A town employee was sent to Ms. Deanes’ home to acquire written authorization from her for her representative or to obtain a request for postponement. With permission from the Board, Mayor Muller delayed the public hearing in order to verify that Ms. Deanes’ interests are well represented.

PUBLIC HEARING to consider conditional use application for an addition to the Sprint Communications Accessory Building, 103 Gull Street

Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development staff memo dated March 26, 2003, which read in part as follows:

"Albemarle Engineering representing SPRINT Telephone has submitted the attached site plan/conditional use application for the construction of a 118-square-foot addition to an existing, 100-square-foot accessory building. Owned by the Town of Nags Head, the subject site is 17,919 square feet in total area and is composed of two lots of record which must be recombined prior to the issuance of a building permit. The subject site is located at the northeastern quadrant of the Gull Street-US 158 intersection. The site is improved with a public utility facility which includes a water storage tank. Public utility facilities are a conditional use in the C-2 General Commercial zoning district. Section 22-307(C) 2. which contains the special development conditions applicable to these facilities is attached for reference.

'The site is currently non-conforming in that it lacks the required, standard employee parking space, it lacks the required 10-foot wide buffer yard “A” around the perimeter of the site, the improvements on the site straddle a lot line, and the current building lacks minimal security lighting. According to the Zoning Ordinance, prior to Board of Commissioners review the site must comply with the required development standards of the district in which the site is located. The development conditions applicable to this site are attached for reference.