Nags Head Board Meeting Minutes
February 4, 2009
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
February 4, 2009
The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 South Croatan Highway at 9:00 a.m. on Wednesday, February 4, 2009.
COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler; Comr. Wayne Gray;
Comr. Doug Remaley and Comr. Bob Oakes
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Charlie Cameron; Town Attorney John Leidy; Cliff Ogburn; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Angela Welsh; Kelly Wyatt; Roberta Thuman; Roc Sansotta; Bob Muller; Bob Edwards; Bobby Outten; and Town Clerk Carolyn Morris
CALL TO ORDER
Mayor Cahoon called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the pledge of allegiance.
RECOGNITION
Mayor Cahoon recognized former Mayor Bob Muller, Planning Board Chair Bob Edwards, and Dare County Attorney/Assistant County Manager Bobby Outten.
ADOPTION OF AGENDA
MOTION: Comr. Oakes made a motion to adopt the agenda as presented with item #13 (Dare County/Kill Devil Hills/Nags Head Water Contract) and item #14 (Dare County Central Communications System) moved to the current position on the agenda. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.
DARE COUNTY ATTORNEY BOBBY OUTTEN - CONSIDERATION OF AMENDMENT TO DARE CO/KDH/NH WATER CONTRACT
Dare County Attorney Bobby Outten provided a history of the Dare County/Kill Devil Hills/Nags Head Water Contract which was prepared and signed in the 1990's when Nags Head's Fresh Pond was utilized.
Dare County proposes to take Fresh Pond out of service as a primary source of water so that when water is produced it can be produced at cheaper rates and sold at cheaper rates - the capacity of the system has increased so there is no risk to the Town. Because of environmental conditions, water levels, etc. Fresh Pond was not producing year round and not producing the quantities called for in the original contract. The amendment to the Water Contract is presented for the Board's consideration.
Town Manager Cameron noted that last year a consultant was hired and confirmed the data provided by Mr. Outten; he and Town Attorney Leidy concur with the proposed amendment.
Mayor Cahoon confirmed with Mr. Outten that paragraph 5 of the amendment - that no one's water allocation will be reduced - was still correct.
Town Manager Cameron pointed out that the Town of Kill Devil Hills will be considering similar action.
MOTION: Comr. Remaley made a motion to adopt the amendment to the Dare County/Nags Head/Kill Devil Hills Water Contract as presented. The motion was seconded by Comr. Oakes which passed unanimously.
The Water Contract Amendment, as approved, is attached to and made a part of these minutes as shown in Addendum "A".
DARE COUNTY ATTORNEY BOBBY OUTTEN - DARE COUNTY CENTRAL COMMUNICATIONS RADIO SYSTEM
Dare County Attorney Bobby Outten reported on the communications change required by the year 2013 as a result of, among other issues, the 911 event. The communications change was mandated so that everyone can communicate in case of emergency. This mandate requires an upgrade and at some point updated radios will need to be purchased to be compatible with the new system.
Dare County has voted to move forward with the new system at a cost of 6.5 million dollars - the effect to the Town is to replace existing radios in order to be compatible - there is a two-year window before the new system is up and running.
Town Manager Cameron emphasized that he concurs with the proposal/project as described by Attorney Outten. The first radio study group was formed in 1996/97 and Town Manager Cameron has submitted advisory Capital Improvement Plans to the Board of Commissioners over the years knowing this day would eventually come.
DARE COUNTY ATTORNEY BOBBY OUTTEN - UPDATE ON BEACH NOURISHMENT
Dare County Attorney Bobby Outten updated the Board on beach nourishment issues; he stated that he and Town staff met with Corps of Engineers (COE) during the last two weeks concerning beach nourishment; he summarized the three (3) alternatives to be considered: 1) the original beach nourishment project requiring federal funding to proceed; 2) the 206 beach nourishment project allows locals to fund it, asks for federal reimbursement with no guarantee it will be received; and 3) the Town's local project.
Mr. Outten stated that there will be a meeting with the congressional delegation and the Corps has included this project in their list of projects for the President's stimulus package.
Mayor Cahoon noted that this subject would be discussed later in today's meeting.
DARE COUNTY ATTORNEY BOBBY OUTTEN - DISCUSSION OF PIT BULL DOG SITUATION
Dare County Attorney Bobby Outten reported that as a result of recent incidents concerning pit bull dogs, the County asked him to review possible enforcement actions. He has researched and discussed the issue with the School of Government and the tools to deal with incidents are limitless.
Tools to deal with dangerous dog incidents range from impoundment to euthanization as long as owners are given their due process of law.
Attorney Outten explained that each town has to adopt its own ordinance concerning dangerous dogs; Mayor Cahoon and Town Manager Cameron both emphasized that they would like the ordinance to be consistent throughout the jurisdictions. Town Attorney Leidy agreed and stated that a uniform ordinance would be developed for the Towns.
DARE COUNTY ATTORNEY BOBBY OUTTEN - BEACH INSURANCE RATE HEARING IN RALEIGH TODAY
Dare County Attorney Bobby Outten reported that he would be attending a beach insurance rate Public Hearing in Raleigh today. He stated that he would update the Board of Commissioners after the hearing.
Attorney Outten encouraged citizens to contact their State legislative delegation concerning this issue - he stated that this is an issue that will affect everyone - those that can least afford it may be affected the most.
Board members thanked Mr. Outten for his presentations.
AUDIENCE RESPONSE
Attorney John Leidy opened Audience Response at 9:31 a.m.
There being no one present who wished to speak, Mayor Cahoon closed Audience Response.
RECOGNITION OF FACILITIES MAINTENANCE SUPERVISOR DOUG HUFF
- DESIGNATION OF ROADS SCHOLAR
Public Works Director Dave Clark summarized the State Roads Scholar program.
On behalf of the Board, Mayor Cahoon congratulated Facilities Maintenance Supervisor Doug Huff and presented him with the Designation of Roads Scholar Certificate.
RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE
On behalf of the Board, Mayor Cahoon recognized Sanitation Equipment Operator Harris Burton for 30 years of service with the Town; Mr. Burton's family was in attendance and he was presented with numerous gifts from the Town to include a Plaque of Appreciation.
MOTION/ACCLIMATION: Comr. Remaley made a motion, seconded by Mayor Pro Tem Sadler, and approved by acclimation, to honor Mr. Burton with a day off with pay.
The Board recognized Police Sergeant Chris Montgomery for ten years of service.
The Board recognized Police Officers Edward Mann and Christopher Braddy and Facilities Maintenance Technician Ed Hawley for three (3) years of service.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
Consideration of Budget Adjustment #8 to FY 08/09 Budget Ordinance
Consideration of Tax Adjustment Report
Approval of Minutes
Request for Public Hearing to consider Zoning Map Amendment request by Eddie Goodrich to rezone a 2.5 acre tract of land located east of US Highway 158, west of NC-12 and north of Mall Drive from Village Hotel Zoning to Detached Single-Family (SF-2) Zoning District
Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-121(a), Intent of Nonconformities Ordinance and Section 48-123(a)(2), Nonconforming Structure with Conforming Use to exempt all structures destroyed by accidental loss
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Oakes which passed unanimously.
The Budget Adjustment ordinance, as adopted, is attached to and made a part of these minutes as shown in Addendum "B".
The Tax Adjustment, as approved, is attached to and made a part of these minutes as shown in Addendum "C".
OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS
Old Nags Head Woods Road update - from December 3, 2008 Board meeting
Deputy Public Works Director Ralph Barile summarized the agenda summary sheet concerning Old Nags Head Woods Road which read in part as follows:
"At the December 3, 2009 Board meeting, it was Board consensus that staff obtain a survey of Old Nags Head Woods Road with an update to be provided at the February 2009 Board of Commissioners meeting.
'Attached please find a Nags Head Woods Road survey prepared by the Town Engineer; also attached is a sheet identifying the precise location of the proposed road relocation.
'We propose to move the road up to 20 feet to the northeast in the existing corner. We will tie back in to the existing gravel road about 100 feet north, and 100 feet east of the present (eroding) curve."
Mr. Barile reported on his conversation with Nature Conservancy Steward Aaron McCall; Mr. McCall supports the removal of the trees for moving the road.
Concerns with what CAMA will allow, bulkhead, rip rap behind the bulkhead, as well as actual costs were discussed.
Mayor Cahoon asked that staff revisit and research the issue more.
MOTION: Mayor Pro Tem Sadler made a motion to authorize staff to start the relocation process of Nags Head Woods Road to include authorization for tree removal (required by Town Code ordinance for trees over 5" in diameter) as presented and to continue to research long term resolution. The motion was seconded by Comr. Oakes.
Comr. Oakes confirmed costs of $3,000 for the project.
CONTINUATION OF MOTION: The motion passed unanimously.
Discussion of adding crosswalks at beach accesses
- from December 3, 2008 Board meeting
Public Works Director Dave Clark summarized the agenda summary sheet concerning beach access crosswalks which read in part as follows:
"At their November 5th and December 3rd meetings, the Board of Commissioners discussed the issue of town-owned public beach accesses without painted crosswalks to assist people in safely crossing NC 12, or NC 1243. A priority list was prepared and, in the past month, a unit cost for installation was obtained. The cost to install one DOT standard High Visibility crosswalk would be no more than $375. The contractor has assured the Public Works Director that this unit cost applies to the installation of one, or ten, crosswalks.
'Attached please find the listing of priority crosswalk installations presented at the December 3, 2008 Board of Commissioners meeting."
Finance Officer Kim Kenny noted that funds are available in Public Works line items.
MOTION: Comr. Remaley made a motion to approve staff's request for installation of all 12 crosswalks, as presented, at a cost not to exceed $7,000. The motion was seconded by Comr. Gray.
Comr. Gray confirmed that the motion included the South Creek Acres (in South Nags Head) crosswalks.
CONTINUATION OF MOTION: The motion passed unanimously.
The crosswalk list, as presented, read in part as follows:
"Town of Nags Head Public Beach Accesses Without Painted CrosswalksPRIORITY:
1 / 2 / 3
Accesses with / Accesses with
Significant Westside* / Accesses Opposite / Sparse Westside*
Populations / South Creek Acres / Populations
Albatross St / Islington St / Conch St
Abalone St / Indigo St / Forrest St
Admiral St / June St / Glidden St
Baltic St / Jacob St / Gull St
Bittern St / Governor St
Enterprise St / Huron St
Loggerhead St / Holden St
Gray Eagle St / Ida St
Beach accesses listed are those with improvements, without painted crosswalks
* - Westside = on the west side of NC 12, or NC 1243"
Discussion of Nuisance Ordinance pertaining to structures located on the public beach
- from January 7, 2009 Board meeting
The information presented to the Board from Planning Director Tim Wilson's email concerning structures on the public beach read in part as follows:
"In surveying damaged oceanfront homes in early December 2008, the five addresses below were identified as probably being some of the most problematic in regards to permitting and repairing. This assessment was in large part based upon the extent seaward that the structures were located on the beach and the difficulties that presented. These structures were definitely not the only ones that could be determined to be located in part or entirely on the public trust.
1) 118 E. Altoona St.
2) 119 E. Proteus Ct.
3) 9209 A S. Old Oregon Inlet Rd.
4) 9633 G E. Spencer St.
5) 9701 J E. Nansemond St."
Town Manager Cameron summarized the issue and displayed some photos.
Planning Director Wilson explained the Board's action to repeal the Minimum Housing Ordinance; the building inspector is responsible for inspections, etc. for structures located on the public trust land - for violations that were sent, multiple inspections were done and the only ones cited were ones consistently found in full or in part on the public trust land. Staff did not deal with those violations that were not clearly always found to be in the public trust.
Town Manager Cameron said that his concern in the past was of structures that were still habitable being condemned. He wants the Board to have a clear understanding that they do not have to determine that each structure is condemned.
Comr. Gray expressed concern about selective enforcement; Attorney Leidy explained the process to ensure that there is no selective enforcement.
Town Attorney Leidy expressed concern about authorizing staff to take action without further review by the Board - concerning the permanent removal of a structure. He recommends it should be Board action and not staff authorization.
Roc Sansotta, Nags Head oceanfront property owner; stated that as long as one piling exists, insurance does not pay for land or anything outside of the structure; he feels that if there is less than 50% rebuilt option then leave the structure alone because mother nature will do the job.
MOTION: Comr. Oakes made a motion to add "entirely" to paragraph (c) of the Minimum Housing Ordinance - the motion was not seconded.