DRAFT Nags Head Board Meeting Minutes
June 2, 2004
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
June 2, 2004
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, June 2, 2004.
COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem Brant Murray; Comr. Anna Sadler
Comr. Wayne Gray; Comr. Bob Oakes
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Ike McRee; Kim Kenny; Kevin Zorc; Ocean Rescue Director Don Hutson; 2004 lifeguards; Charlie Cameron; Wayne Byrum; Tim Wilson; Bruce Bortz; Andy Garman; Courtney Gallop; Dave Clark; Ray Midgett; Dee Johnson; Kim Allen; Gina Elko; Chuck Blazek; Dave Masters; Billy Rose; Gary Pennington; John Thayer; Charlotte Owens; Brian Cauthren; Bill Owen; Dillard Horton; Judy Horton; Delores Nichols; Brenda McSweeney; Julie Eason; Sharon Shenk; Tom Shenk; and Town Clerk Carolyn Morris
Mayor Muller called the meeting to order at 9:00 a.m. followed by a moment of silent meditation and the pledge of allegiance.
Introduction of 2004 Season Lifeguards
Ocean Rescue Director Don Hutson introduced the 2004 season lifeguards to Board members. Each lifeguard individually identified themselves.
On behalf of the Board, Mayor Muller thanked all lifeguards and Mr. Hutson and wished them well during the upcoming summer.
Audience Response - David Masters
Dave Masters, Nags Head resident, addressed today’s agenda item concerning Personnel Grievance Board issues; he feels the Town Manager’s memo does not address all issues of concern by the Personnel Grievance Board such as the grievance/disciplinary database which if not presented to the Grievance Board members on a regular basis then should be provided to the Grievance Board prior to any hearing; not all memo attachments are provided; he agrees with the checkbox addition; he agrees with the allowance of employees to authorize the Grievance Board to view the Town Manager’s final decision; he has no issue with signing a confidentiality statement; as the Grievance Board chair, he believes in open meetings and does not want the Board of Commissioners to keep him from having open meetings; he would like to see the Personnel Policy expanded to clearly define the duties and responsibilities of the Grievance Board; he also suggested that the terminology used be consistent.
Audience Response - David Masters
Dave Masters, Nags Head resident, spoke concerning the recent FY 04/05 budget workshops; he feels that staff did a good job of compiling the data and he appreciated the tracking through the use of line item numbers; he hopes that there are enough funds to eliminate the proposed tax increase and maybe even to decrease the tax rate.
Audience Response - Chuck Blazek
Chuck Blazek, Nags Head resident; he has concerns about paying for beach nourishment; he is not speaking for or against beach nourishment; his concern is how the Town is going to pay for it with the loss of federal funding; feels public needs more information concerning the scope of the project and the burden of the project that will be placed on the community which could have major impacts on rentals, taxes, etc.; other options need to be considered if the project does not take place; he finds it hard to support the resolution being proposed later in today’s meeting for a 1% increase in Land Transfer Tax without the appropriate public hearings.
Mayor Muller stated that beach nourishment issues brought forward during Audience Response will be discussed later in today’s meeting under that agenda.
Comr. Sadler stated that the Personnel Grievance Board concerns brought forward during Audience Response will be discussed later in today’s meeting under that agenda.
Recognition of employees with years of service
On behalf of the Board, Mayor Muller thanked Gina Elko, Kim Allen, and Ray Midgett for their years of service with the Town. Mayor Muller read each Certificate of Recognition.
MOTION: Comr. Sadler made a motion to approve the Certificate of Five-year Recognition for Firefighter Gina Elko. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.
Mayor Muller presented the Certificate to Ms. Elko.
MOTION: Comr. Oakes made a motion to approve the Certificate of Ten-year Recognition for Code Compliance Officer Kim Allen. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.
Mayor Muller presented the Certificate to Mr. Allen.
MOTION: Mayor Pro Tem Murray made a motion to approve the Certificate of Fifteen-year Recognition for Water Service Technician Ray Midgett. The motion was seconded by Comr. Sadler which passed unanimously.
Mayor Muller presented the certificate to Mr. Midgett.
Introduction of New Employees
Public Safety Director Charlie Cameron introduced Dee Johnson who began work with the Public Safety Dept. as Office Assistant on May 10, 2004.
On behalf of the Board, Mayor Muller welcomed Ms. Johnson to Town employment.
Consent Agenda
The Consent Agenda consisted of the following items:
- Consideration of transfer of water improvements for South Nags Head Water Tank
from Nags Head Leasing to Town Water Fund
- Consideration of Budget Adjustment #11 to FY 03/04 Budget
- Consideration of Tax Adjustment Report
- Consideration of lease/purchase resolution for capital purchase financing
- Consideration of write-off of uncollectible water accounts receivable
- Consideration of resolution authorizing the Nags Head Surf Fishing Tournament
October 6 – 9, 2004
- Consideration of ordinance to adopt/enact the recodified Town Code of Ordinances
- Consideration of updates/additions to the Town Personnel Policy
- Request for public hearing to consider proposed amendments to Town Code Sections 22-832(f) and 22-834(f) pertaining to new design element "coastal watch tower" for Village architecture development points – from March 3, 2004, Board meeting
- Request for public hearing to consider proposed amendments to Town Code Section 22-402 to regulate the cutting and trimming of required vegetative buffers
- Request for public hearing to consider proposed amendments to Town Code Section 22-153 to regulate the number of flags permitted on commercial properties
- Request for public hearing to consider the rescinding of Town Code Section 22-114 pertaining to condominium ownership conversion
MOTION: Comr. Oakes made a motion to approve the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.
The memo dated May 25, 2004, concerning the transfer of water improvements for South Nags Head Water Tank from Nags Head Leasing to the Water Fund, as approved, read in part as follows:
"Many years ago Nags Head Leasing was formed to facilitate acquisitions and financing for various necessary assets of the Town. Nags Head Leasing acquired and financed water system improvements in South Nags Head in 1990. The debt on these assets has long since been paid off and the assets have simply remained under the ownership of Nags Head Leasing.
'It is appropriate at this time to have the Town, through its Water Fund, acquire these system improvements. In order to facilitate the accounting treatment, these assets will be purchased at their net book value. The funds to make this purchase will come from Water Fund balance. Once the “sale” has taken place, then the proceeds will be transferred back to the Town."
A copy of Budget Adjustment #11, 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 resolution for the lease/purchase of capital items, as adopted, read in part as follows:
"WHEREAS, the Town of Nags Head through its Mayor, with the consent and approval of the Board of Commissioners, has entered into a contract with RBC Centura for the purchase of capital items to include:
'- Replacement pick-up trucks in Planning, Public Works Administration, Public Works Facility Maintenance, Animal Control, Ocean Rescue, and Water Distribution
- Fire Division - Replacement of utility truck, brush truck, SUV, and thermal imaging equipment
- Police Division – Two Police (2) vehicles
- Public Works Sanitation – Recycling trailer
- Ocean Rescue – Four (4) ATV's and a defibrillator
- Administrative Services/various other departments – Computer hardware and software
'WHEREAS, the said contract, bearing the date ______qualifies as a tax-exempt obligation of the Town, pursuant to the Internal Revenue Code of 1986.
'NOW, THEREFORE BE IT RESOLVED, that the Nags Head Board of Commissioners authorizes the aforesaid contract, bearing the date ______by and between the Town of Nags Head and RBC Centura together with the amount to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986."
The memo dated May 26, 2004, from the Water Services Coordinator, as approved, concerning the 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 is $405.99 for fiscal year 2003/2004.
'Also, attached is a list of accounts of $50.00 or less that will be written off in June 2004 in the amount of $246.54.
'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 authorizing the 2004 Nags Head Surf Fishing Tournament, as adopted, read in part as follows:
"RESOLUTION REGARDING THE ISSUANCE OF BEACH DRIVING PERMITS FOR THE NAGS HEAD SURF FISHING TOURNAMENT TO BE HELD OCTOBER 6 - 9, 2004
'WHEREAS, the Nags Head Surf Fishing Club is sponsoring its annual Nags Head Surf Fishing Tournament on October 6, 7, 8, and 9, 2004; AND
'WHEREAS, in accordance with Section 5-63 (b)(3) of the Nags Head Code of Ordinances, the Nags Head Surf Fishing Club submitted a request on May 19, 2004, for the Town of Nags Head to issue 282 (3 per team plus 42 for judges and scorers) short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament.
'NOW, THEREFORE BE IT RESOLVED by the Town of Nags Head Board of Commissioners that the Town of Nags Head is pleased to offer its assistance for the Nags Head Surf Fishing Tournament again this year.
'BE IT FURTHER RESOLVED as follows:
'1. The Town Clerk is authorized to issue 282 short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament to be held Wednesday, Thursday, Friday, and Saturday, October 6, 7, 8, and 9, 2004.
'2. These special permits will be valid for a four-day period from Wednesday, October 6, 2004, through Saturday, October 9, 2004.
'3. Only three (3) shall be allowed per team fishing in the tournament.
'4. The Nags Head Surf Fishing Club is responsible for the distribution of all short-term beach driving permits for the 2004 Nags Head Surf Fishing Tournament. No short-term permits for the tournament will be issued by Staff at Town Hall.
'5. The name of the team and town to whom a permit is issued shall appear on each permit.
'6. Prior to the start of the tournament, the Nags Head Surf Fishing Club shall provide the Nags Head Town Clerk with a list showing the team name or tournament official and the numbers of the permits issued to each.
'7. A pamphlet (to be provided by the Town) on Regulations Governing Beach Vehicular Traffic in the Town of Nags Head shall be supplied with each permit distributed by the Nags Head Surf Fishing Club.
'8. Each permit shall be displayed on the inside front windshield on the passenger side of the vehicle, even if a normal Nags Head Beach Driving Permit is already displayed.
'9. All three short-term beach driving permits MUST be in the possession of the team at all times. The permits are not transferable.
'10. The Town of Nags Head Beach Driving Ordinance is to be strictly enforced by the Nags Head Police Department.
'11. Should the weather or high tide call for the closure of the beach or a section of the beach, the Town Manager will close the beach."
A copy of the ordinance to adopt/enact the recodified Town Code of Ordinances, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”.
The memo dated May 18, 2004, concerning updates/additions to the Town Personnel Policy, as approved, read in part as follows:
"The following items of update/addition to the Town’s Personnel Policy are presented for your consideration and approval. All of these items with the exception of some of the Essential Personnel designations have been recommended by the Personnel Committee. The addition of the Town Clerk, Administrative Assistant/PIO, Planner and Water Superintendent to the Essential Personnel listing arises from the Town’s Hurricane preplanning discussions.
'Add to Article VII, Section 19, Part C, Essential Personnel and Cancellation of Previously Planned Activities
The Town Manager will review on a case by case basis, situations where an employee classified as Essential Personnel, or personnel requested in writing by their Department Head, is required to remain available to the Town during a State of Emergency, and said employee must cancel previously planned activities that may result in the forfeiture of refunds, deposits, or cancellation fees. The employee must demonstrate that every possible avenue has been exhausted to seek reimbursement, receive a credit, or reschedule the activity. If necessary the Town will assist the employee in their endeavors. After all avenues have been exhausted, the employee may apply in writing to the Town Manager for a reimbursement of forfeited funds.