Nags Head Board Meeting Minutes

March 5, 2008

TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

March 5, 2008

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, March 5, 2008.

COMRS PRESENT: Mayor Renée Cahoon; Comr. Wayne Gray; Comr. Doug Remaley

and Comr. Bob Oakes

COMRS ABSENT: Mayor Pro Tem Anna Sadler

OTHERS PRESENT: Town Manager Charlie Cameron; Deputy Town Manager Bill Richardson; Town Attorney Ike McRee; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Kelly Wyatt; Roc Sansotta; Jim Geraghty; Sean Boyle; Albert and Shirley Grimm; Dave Masters; Tim Kana; Jeremy Gainey; Brian Latham; Bob Muller; Mark Kasten; Brian Helene; Mike Kelly; Webb Fuller; and Town Clerk Carolyn Morris

CALL TO ORDER

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

MOMENT OF SILENT MEDITATION AND PLEDGE OF ALLEGIANCE

A moment of silent meditation was followed by the Pledge of Allegiance.

MAYOR PRO TEM SADLER - OUT OF TOWN

Mayor Cahoon noted that Mayor Pro Tem Sadler was out of town and excused from today's meeting.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the March 5th agenda with the removal of item #9 (Consideration of request for use of alternate funding for Board Room presentation equipment) from the Consent Agenda. It was noted that agenda item #14 (Public Hearing to consider zoning map amendment) had been withdrawn by the applicant. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Pro Tem Sadler was not present.).

MAYOR CAHOON - READ ACROSS AMERICA WEEK

Mayor Cahoon reported that she spoke to first graders this week at Nags Head Elementary School during Read Across America Week; she appreciated their thoughtful questions and the posters they had prepared.

AUDIENCE RESPONSE

Town Attorney Ike McRee opened Audience Response.

Audience Response - Roc Sansotta

Roc Sansotta, Nags Head property owner; he appreciated the Board's consideration of reinstatement of the Upton-Jones amendment but feel it will not help the Town with the loss of income due to the lost oceanfront properties when the sandbags are removed per State ruling; he has spent a considerable amount of money replacing sandbags at his properties - by trying to make the beach nicer he shot himself in the foot as his houses are now considered to be in the public trust area; he questioned why the State would want to lose so much money - money that was brought in by these properties; how will the Town replace those lost funds.

INTRODUCTION OF NEW EMPLOYEES

Fire Chief Butch Osborne introduced new firefighter Brian Latham who was welcomed by the Board to Town employment.

MAYOR CAHOON - WELCOMED DEPUTY TOWN MANAGER BILL RICHARDSON

Mayor Cahoon welcomed Deputy Town Manager Bill Richardson who was sitting in for Town Manager Charlie Cameron.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

Consideration of Budget Adjustment #7 to FY 07/08 Budget Ordinance

Consideration of Tax Adjustment Report

Consideration of Tax Delinquent Report to be advertised

Approval of Minutes

Consideration of request for summer intern

Consideration of request for use of alternate funding for Board Room presentation equipment

Request for Public Hearing to consider proposed amendments to Town Code Section 48-282, General Regulations, Signs and Outdoor Advertising Structures for mobile outdoor advertising signs

MOTION: Comr. Remaley made a motion to approve the Consent Agenda as amended (Agenda item #9 - Consideration of request for use of alternate funding for Board Room presentation equipment was removed). The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Pro Tem Sadler was not present.).

Mayor Cahoon noted that item #9 would be addressed as item #14a in today's agenda.

Budget Adjustment #7, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".

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

The Tax Delinquent summary sheet, as approved, read in part as follows:

"State Statute requires that the advertisement of tax liens, to include the listing of all to whom property is delinquent - be provided for Board information. The attached listing identifies the 2007 listing and associated ad for Board information at the March 5th Board of Commissioners meeting.

'The Tax Delinquent advertisement and listing are attached to and made a part of these minutes as shown in Addendum "C"."

The memo and policy concerning the request for summer intern, as approved, read in part as follows:

Intern Memo:

“I’d like to request your consideration to fund a summer internship for one intern who will work 10 weeks, 40 hours per week at $10/hr.

‘The student intern will be required to attend all regular Board of Commissioners meetings as well as weekly staff meetings. In addition, the student may be required to attend other meetings as requested.

‘In addition to meeting attendance, the intern will be required to complete several projects, all varied in scope and size to provide the most benefit for the student as well as the Town. Suggested projects include:

§  Research and analyze green policies and suggest possible green changes to the Town’s fleet

§  Complete an organization of the Town’s vehicle/fixed asset files

§  Review and update public records files in the Town Clerk’s office

§  Revise media contact list for information dissemination

§  Assist with other various projects in departments throughout the Town."

Intern Policy:

“Master of Public Administration Program

The University of North Carolina at Chapel Hill

'Goals and Objectives of the Internship

Overview

The Master of Public Administration (MPA) degree program at The University of North Carolina at Chapel Hill combines formal course work with practical application. The first academic year of course work is followed by a minimum ten-week (40 hour per week) professional work experience. The degree candidate must hold a responsible, paid professional position.

'As a general rule, students perform their entire internship with one employer. Regardless of the nature of the appointment MPA faculty maintain contact with the student during the internship experience.

'Student Preparation

Before beginning the professional work experience, MPA students have completed 26-29 hours of graduate course work on management techniques and the political environment. In addition, students have been exposed to methods of budgeting and finance, program evaluation, administrative writing, and governmental and nonprofit accounting. Many of the first year classes require the students to complete projects for local governments or nonprofit organizations; therefore, the students understand the "real-world" application of theories learned in class. In addition, most students have prior work experience, which they may draw on in their summer appointment.

'Site Visit

During a site visit to the employing agency, a member of the MPA faculty confers with both the student and supervisor to assess the student's progress and to ensure that the student and supervisor are satisfied with the working relationship. They are invited to contact the MPA Director at any time during the summer. These contacts between supervisors and faculty help faculty counsel students on their professional growth and are useful to faculty in revising and updating the MPA curriculum.

'Key Elements of a Successful Internship

Supervisors are especially important in helping MPA degree candidates integrate classroom learning with professional work assignments. We have found that the most successful work experiences contain the following elements:

¨  Opportunities to develop and hone multiple skills, such as analysis, writing, and oral communication. This suggests that a variety of projects is preferable, or, in the alternative, one project that involves multiple skills. Having multiple tasks also develops time management skills. Ideally, there should be some mix between working independently and working in groups. Another important skill is learning how to function within an organization, so working on projects that involve interaction with the regular employees of the organization is beneficial. It is also important that the student be given an opportunity to learn about the whole organization, including its mission and its current projects, not just the specific department or area to which the student is assigned.

¨  A supervisor who is willing to be a mentor. This means the supervisor takes the student to meetings, lets the student observe various projects and events, and asks for the student's evaluation of those events. A mentor will explore issues in public service with the student, and expose the student to all aspects of a job as if the student were a regular employee.

¨  Adequate physical facilities. The student should have a comfortable space in which to work. This does not mean a private office, necessarily, but an appropriate space with a decent computer is essential to a productive experience.

¨  Opportunities for the student to speak in front of a group (e.g., managers, clients, or public officials) and respond to questions.

¨  An environment in which the student feels comfortable asking any question, from questions on protocol or substance to career advice.

¨  Clear expectations communicated as early as possible (even before work starts).

¨  Regular feedback - e.g., a biweekly meeting to assess not only progress on projects, but also to assess work relationships and performance strengths and weaknesses. This also includes a formal feedback session at the end of the professional work experience, in which the supervisor recognizes accomplishments and skills and identifies what can be improved.

¨  The chance to participate in fieldwork, conferences, and other interactions beyond the office can be beneficial."

PUBLIC HEARINGS

Public Hearing to consider site plan/conditional use application by Mark Kasten for construction of a 6,545 square foot two-story wood structure to be used as commercial/residential mixed development; property is zoned C-2, General Commercial and is located at 4301 S Croatan Highway

Town Attorney Ike McRee introduced the Public Hearing for site plan/conditional use application and explained the quasi-judicial process.

CDC Chairperson Bob Muller, Applicant; Cahoon and Kasten architect Mark Kasten; and Zoning Administrator Kelly Wyatt were sworn in by Town Clerk Carolyn Morris.

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

"GENERAL INFORMATION

'Applicant: Mark Kasten, Cahoon & Kasten Architects

'Application Request: Site Plan/Conditional Use

'Purpose: Construct a 6,545 sq. ft. two story wood structure to be used as commercial/residential mixed development consisting of first floor office space and six (6) single family dwelling units on the second floor. The applicant has submitted similar applications in the past and obtained site plan approval from the Board on October 5, 2005 and July 5, 2006

'Property Location: 4301 S. Croatan Highway, Nags Head.

'Existing Land Use: Vacant

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

'Zoning Classification of Surrounding Properties: Property north of this site, directly across Diamond Street (St. Andrews by the Sea) is zoned C-2, General Commercial. Property south and east of the site is also zoned C-2, General Commercial. Property west of the site zoned R-2, Medium Density Residential.

'Land Use Plan Map/Policies: Land Use Plan classification is D-1, Developed. This proposal is consistent with this land use classification.

'SPECIFIC INFORMATION

Applicable Zoning Regulations:

'Use Regulations: Commercial/Residential Mixed Development with six (6) single family dwellings is permitted by conditional use within the C-2, General Commercial Zoning District, Town Code Section 48-407(c)(25).

'Lot Coverage- Lot coverage for this use shall not exceed 55 percent. Proposed coverage for this site is 47.9 percent and therefore is compliant.

'Building Height- The maximum allowable height for this structure is 35 ft. from grade. The proposed structure is 35 feet in height and therefore is compliant. A height certificate will be required during construction and prior to issuance of occupancy permits.

'Architecture Design Standards: A total of 100 architectural design points as required in Section 48-371 of the Town Code is necessary for this structure. A total of 103 design points have been approved, therefore architecture is compliant.

'Parking- Required parking for this project is being provided in compliance with the Commercial/Residential Mixed Development parking standard of one space for each 175 sq. ft. of gross floor area plus two parking spaces for each dwelling unit. A total of twenty-nine (29) spaces are required, twenty-nine (29) spaces have been provided, parking is compliant.

'Buffering/Landscaping – The preservation and landscaping requirements of Town Code Section 48-371(g) have been met, however Town Code Section 48-482, Landscape Buffering, requires that 80% of the plantings be trees. The plan is currently deficient in both the type of plantings as well as the number. The applicant appears to be using variegated pittosporum as a tree species where Town Code Section 48-485 lists pittosporum as a naturally occurring shrub. Sixty (60) trees are required onsite, fifty-eight (58) trees have been proposed. The buffering plan shall be amended to reflect a minimum of sixty (60) trees as specified in Town Code Section 48-485, Preservation of existing vegetation.

'Lighting- Planning staff has reviewed and approved the lighting plan with the condition that Note # 11 of the sight plan be revised to read, “a combination of 17 watt fluorescent and (3) 175 watt fixtures on 24 ft poles”.

'Signage - Proposed signage is currently not depicted on the site plan however this information will be provided to the Board of Commissioners at their meeting.

'Water and Sewage Disposal: A site review by the Dare County Health Department is in process, preliminary approval will be necessary prior to Board of Commissioners review.

'Stormwater Management: Stormwater calculations have been reviewed and approved by the Town Engineer.

'Traffic Circulation: Traffic circulation has been reviewed and approved by the Town Engineer.

'Fire: Project will be required to comply with all applicable NC Fire Prevention Code requirements as part of building permit application review and issuance. The fire lane shall be identified on the site plan, see the attached memo for all comments.

'Public Works: Public Works has reviewed and approved the proposed plan.

'ANALYSIS

Staff finds that the project is consistent with the proposed use and development standards.

'STAFF RECOMMENDATION

Based on the above review staff recommends approval of this site plan/conditional use request. The applicant will be required to correct and revise the buffering plan and identify the required fire lane on the site plan prior to forwarding the application to the Board of Commissioners.