Draft Nags Head Board Meeting Minutes
January 20, 2010
DRAFT
TOWN OF NAGS HEAD BOARD OF COMMISSIONERS
NAGS HEAD MUNICIPAL COMPLEX BOARD ROOM
WEDNESDAY, JANUARY 20, 2010
MID-MONTH BOARD MEETING - 7:30 P.M.
COMRS PRESENT: Mayor Bob Oakes; Mayor Pro Tem Wayne Gray; Comr. Doug Remaley;
Comr. Anna D. Sadler; and Comr. Renée Cahoon
COMRS ABSENT:None
OTHERS PRESENT:Town Manager Cliff Ogburn; Town Attorney John Leidy, Dave Clark; Ralph Barile; Butch Osborne; Kevin Brinkley; Roberta Thuman; Lora Gilreath, Kim Kenny; Bonita Hurdle; Todd Krafft; Tim Wilson; Tom Gilliam; Ed Mays, Russ Lay, Garry & Mary Oliver, George Moore; Susie Walters; Wilo Kelly, John Mascaro; Marcia Tumblison; John Ratzenberger; Barb Stevens; Keith Sawyer; Stan White; Wayne and Diana Cummings; Megan Shaw; Daryl Law; and Deputy Town Clerk Michelle Gray
CALL TO ORDER
Mayor Oakes called the meeting to order at 7:32 a.m.
CONTINUATION OF WORKSHOP DISCUSSION RE: BEACH NOURISHMENT
The Board continued their discussion from today's workshop.
Comr. Cahoon said that the Town needs to look at every avenue to move forward with the beach nourishment project, i.e., go back to the legislature and the Dare County community, possibly utilize assessments, occupancies, and room tax.
Comr. Remaley stressed the importance of being ready with the needed funding when the permits become available.
Comr. Sadler suggested a tax on a per night stay in hotels and possibly parking fees for the oceanfront.
Mayor Pro Tem Gray stated that the Town being that much in debt worries him and he wants the Board to be careful.
Staff is to look at 1% parking charges and room tax for rental property as possible revenue sources.
Comr. Cahoon encouraged everyone to support terminal groins and to send emails to their local representatives - information may be found on the Division of Coastal Management website.
ADOPTION OF AGENDA
MOTION: Comr. Remaley made a motion to adopt the January 20, 2010 agenda as presented. The motion was seconded by Comr. Sadler which passed unanimously.
AUDIENCE RESPONSE
AUDIENCE RESPONSE - GEORGE MOORE
George Moore, South Nags Head resident; spoke in favor of beach nourishment.
AUDIENCE RESPONSE - STAN WHITE
Stan White, Nags Head resident; he is 100% behind beach nourishment; he is willing to do his share and assist the Board of Commissioners in any way possible.
AUDIENCE RESPONSE - GARRY OLIVER
Garry Oliver, South Nags Head pier owner and resident; the Town does not have time for another referendum; the time is now for beach nourishment.
AUDIENCE RESPONSE - SUSIE WALTERS
Susie Walters, Nags Head resident; spoke in favor of beach nourishment.
AUDIENCE RESPONSE - WAYNE CUMMINGS
Wayne Cummings, South Nags Head property owner; he asked the Board what the cost would be in doing nothing; he supports beach nourishment.
AUDIENCE RESPONSE - WILO KELLY
Wilo Kelly, Government Affairs Director, Outer Banks Association of Realtors/Outer Banks Homebuilders Association and Nags Head resident; she asked the Board how much more does the Town have to lose; she asked that the Board just “get it done.”
AUDIENCE RESPONSE - MARCIA TUMBLISON
Marcia Tumblison, South Nags Head resident; supports beach nourishment.
AUDIENCE RESPONSE - JOHN MASCARO
John Mascaro, Nags Head resident; suggested selling vehicle stickers to generate funds.
AUDIENCE RESPONSE - JOHN MASCARO
John Mascaro, Nags Head resident; asked what could be done about the nutrias as they are destroying areas in the Town.
AUDIENCE RESPONSE - ED MAYS
Ed Mays, Nags Head resident; supports beach nourishment; would like to see the Board just “get it done.”
AUDIENCE RESPONSE - JOHN RATZENBERGER
John Ratzenberger, South Nags Head resident; supports beach nourishment; supports a room tax and other means to fund beach nourishment.
CONSIDERATION OF BUDGET ADJUSTMENT TRANSFER FOR SEPTIC HEALTH LOAN PROGRAM
Septic Health Coordinator Todd Kraft provided an overview of the Town's Septic Health Loan Program. The memo from Planning Director Tim Wilson and Mr. Krafft was provided to Board members and read in part as follows:
"Requesting increase of $20,000 to current Septic Loan Line Item #725 578400. Its current balance is only $1,325.00, which is insufficient for making further loans under the program.
'Due to the recent increase in the number of pump to fill systems, or fill in general needing to be brought in for overly saturated sites, the overall costs to replace a gravity “conventional” septic system hinges on what area the system is being replaced in and whether or not it will require an additional tank and pump and amount of fill to make the system work properly in saturated conditions.
'Based on current site conditions and costs, this additional appropriation would allow perhaps as few as 5 additional loans for the remainder of the fiscal year."
MOTION: Comr. Remaley made a motion to provide the requested funding to support the Septic Health Loan Program with a budget transfer in the amount of $20,000. The motion was seconded by Mayor Pro Tem Gray.
Comr. Sadler agreed with Comr. Remaley that the Septic Health Loan Program is a good program but she questioned if there was a time for a good thing to end.
CONTINUATION OF MOTION: The motion passed 4 - 1 with Mayor Oakes casting the NO vote.
CONSIDERATION OF REVISED ZONING ORDINANCE TEXT AMENDMENT TO PERMIT A REDUCTION IN REQUIRED PARKING SPACES FOR COMMERCIAL BUSINESSES THAT INCORPORATE BIKE RACKS INTO THEIR SITE AND PARKING DESIGN - FROM JAN 6, 2010 BOARD MEETING
Planning Director Tim Wilson summarized the zoning ordinance text amendment that would permit a reduction in required parking spaces for commercial businesses that incorporate bicycle racks into their site and parking design. The agenda summary sheet read in part as follows:
"On January 6, 2010 the Board of Commissioners conducted a public hearing on a proposed zoning ordinance text amendment that would permit a reduction in required parking spaces for commercial business that incorporate bike racks.
'After the close of public hearing and deliberation by the Board, the Board requested that the proposed ordinance be modified to (i) allow reduced required parking by one parking space when a bicycle rack is provided, and (ii) to exempt the bicycle rack from lot coverage equal to the area of one improved parking space.
'The modified ordinance is attached for final consideration by the Board."
Mayor Pro Tem Gray questioned what the proposed ordinance does for the Town; Mr. Wilson stated that the ordinance encourages bike use in the Town and provides lot coverage exception if a business is in need.
MOTION: Comr. Remaley made a motion to adopt the ordinance concerning bike racks and required parking spaces for commercial businesses as presented. The motion was seconded by Comr. Sadler which passed unanimously.
The ordinance concerning bike racks and lot coverage, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".
DISCUSSION OF OPENING BEACH ACCESSES FOR TROUT FISHERMEN
Police Chief Kevin Brinkley summarized the issue concerning opening Town beach accesses for trout fishermen during the nighttime hours; the agenda summary sheet was presented to Board members and read in part as follows:
"At the January 6, 2010 Board of Commissioners meeting, it was Board consensus that Police Chief Kevin Brinkley work with Admin Services to develop an application to be part of a night-time trout fishermen checklist for overnight parking at beach accesses from Labor Day to the beginning of February.
'Attached please find email response from Charlan Owens of Division of Coastal Management in reply to Police Chief Brinkley's inquiry.
'Also attached please find an information letter/sample permit application prepared by the Police Dept. for your review."
It was Board consensus to allow the evening use of public beach accesses from Sep 1st - Feb 1st with a valid permit; with the condition that it did not become a burden on Public Safety; Chief Brinkley is to provide a report to the Board in March 2011. Board members felt that the application/fee was adequate, the process could be administered via the Police Dept, and noted that the Consolidated Fee Schedule would need to be modified.
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY
TOWN ATTORNEY JOHN LEIDY - ATTORNEY ATTENDANCE AT BOA MEETINGS
In response to an inquiry from Mayor Oakes, Attorney Leidy provided estimated attorney costs ($1,200) associated with attending all Board of Adjustments (BOA) meetings. A more formal response with detailed attorney costs would follow at an upcoming Board meeting.
TOWN ATTORNEY JOHN LEIDY - REQUEST FOR CLOSED SESSION
Town Attorney Leidy requested that the Board enter Closed Session to discuss litigation/potential litigation in accordance with GS 143-318.11(a)(3).
CLOSED SESSION
MOTION: Comr. Sadler made a motion to enter Closed Session to discuss the Kirkpatrick versus Town of Nags Head litigation, and the litigation or potential litigation involving George Moore and others concerning nuisance structures, in accordance with GS 143-318.11(a)(3). The motion was seconded by Comr. Remaley which passed unanimously. The time was 9:11 p.m.
OPEN SESSION
The Board reentered Open Session at 9:59 p.m. Attorney Leidy reported that the Board discussed the Kirkpatrick vs. Town lawsuit and gave Counsel direction on how to respond to recent developments. The Board provided guidance to the Town Manager and the Town Attorney on how to deal with the nuisance structures that the manager has declared or in the future does declare a nuisance.
BOARD OF COMMISSIONERS AGENDA
Comr. Sadler - Jennette's Pier
Comr. Sadler noted that the Jennette's Pier Advisory Committee meets next week. She asked staff about the possibility of posting the Jennette's Pier webcam link on the Town's web site.
Comr. Sadler - Board Retreat dates
Comr. Sadler asked Mayor Oakes to provide possible Board Retreat dates at his earliest convenience for scheduling purposes.
Comr. Sadler - Request to meet with Reps Bill Owen/Tim Spear
Comr. Sadler asked that the Town extend an invitation to Rep Bill Owen/Rep Tim Spear to meet with Board members concerning beach nourishment some time in February 2010.
Comr. Sadler - Historic District letters
Comr. Sadler questioned the status of the Historic District property owner letters; Mayor Oakes reported that the letters had been mailed out.
Comr. Sadler - Beach Nourishment funds report
Comr. Sadler asked Town Manager Ogburn to provide for the February 2010 Board of Commissioners meeting an outline of how much money is in what account and where, i.e., Dare County, the State, etc.
Mayor Oakes reported that approximately $24 million is currently in the Dare County beach nourishment account.
Comr. Sadler - Committee appointments
Comr. Sadler confirmed with Mayor Oakes that Town Board/Committee appointments are scheduled to be made at the February 3, 2010 Board of Commissioners meeting.
Comr. Sadler - Managing nutrias
Town Manager Ogburn was asked to provide some information to John Mascaro from Audience Response concerning how to take care of the nutria rat problem.
Comr. Remaley - Reverse 911 system
Comr. Remaley said that a report on the reverse 911 system is forthcoming, with assistance from Administrative Assistant/Public Information Officer Roberta Thuman.
Comr. Cahoon - Coastal Resources Commission (CRC) Meeting
Comr. Cahoon reported that the Coastal Resources Commission (CRC) met last week; staff is to forward the handout material she received to other Board members concerning sea level rise. She reported further that future Land Use Plans will have to address the rising sea level.
Comr. Cahoon - FEMA Risk Management Study
Comr. Cahoon reported that the State of North Carolina is performing a Risk Management Study with a $5 million grant from FEMA. Staff is to forward the information Comr. Cahoon has on this subject to other Board members.
Comr. Cahoon - Village Wastewater Treatment Plant
Comr. Cahoon said that Carolina Water Service (Utilities, Inc.) has been indicating that the consent order timeframe may not be able to be met because of the Town's requirements. She does not want the Town to be used as an excuse for not taking care of the water plant problems.
Town Manager Ogburn reported that he has communicated to Division of Water Quality (DWQ) David May that the Town is not the hold-up.
Comr. Cahoon - Referendum
Comr. Cahoon said that she does not feel that the Town has the time for a beach nourishment referendum.
Mayor Pro Tem Gray - Letter to Historic District property owners
Mayor Pro Tem Gray questioned what was in the letter sent to the property owners in the Historic District; Mayor Oakes explained what was in the letter and welcomed Mayor Pro Tem Gray to read it.
Mayor Pro Tem Gray - Shoreline Advisory Board meeting
The Shoreline Advisory Committee meeting scheduled for next Wednesday, January 27th, has been cancelled.
Mayor Pro Tem Gray - Jennette's Pier Advisory Committee
The Jennette's Pier Advisory Committee is scheduled to meet on Wednesday, January 27, 2010 in the Town Hall Conference Room.
Mayor Oakes - George Moore to meet with Town Manager Ogburn
Mayor Oakes asked George Moore to meet with Town Manager Ogburn immediately after tonight's Board meeting to discuss Mr. Moore's nuisance structures.
Mayor Oakes - Beach Insurance Plan appeal update provided
Mayor Oakes provided a brief report on a three-judge Court of Appeals hearing he attended last week with Dare County Manager Bobby Outten re: the lawsuit by coastal communities concerning homeowners' insurance premiums.
ADJOURNMENT
The Board adjourned at 10:11 p.m.
______
Carolyn F. Morris, Town Clerk
Approved:______
Mayor:______
Robert O. Oakes, Jr.
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