DRAFT
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
ADJOURNED REGULAR SESSION
March 18, 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 7:30 p.m. on Wednesday, March 18,
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; Ralph Barile; Tom Gilliam; Kim Kenny; Tim Wilson;
Bruce Bortz; Angela Welsh; Kelly Wyatt; Roberta Thuman; John Ratzenberger; Roc Sansotta;
Aaron McCall; and Town Clerk Carolyn Morris
CALL TO ORDER
Mayor Cahoon called the meeting to order at 7:30 p.m.
AUDIENCE RESPONSE
No one spoke during Audience Response.
Discussion of draft ordinance focusing on rooftop/small wind turbines for Hotel
Overlay and C-2 Districts
Planner Angela Welsh summarized her memo concerning wind turbines which read in part as
follows:
"At their February 18, 2009 mid month meeting the Board of Commissioners directed Staff to
prepare an ordinance to regulate wind turbines in the Town.
'Staff has modified the Model Wind Energy Facilities Ordinance provided by North Carolina Wind
Working Group at Appalachian State University. Of the four wind turbine categories suggested by
Draft Nags Head Board Meeting Minutes
March 18, 2009
the Wind Working Group, Staff has included roof top turbines and small wind energy facilities as
either permitted or conditional uses in the C2, Sound ETJ (Ocean and Sound Waters District),
Hotel Overlay District and Commercial Outdoor Recreational Overlay District. Medium wind energy
facilities and large wind energy are not currently permitted as drafted. The height of the wind
turbines for the Jennette’s Pier project of 105’ was incorporated into the Ordinance as the
maximum height for small turbines within the Town and ETJ. Roof top turbines maximum allowed
height is 15’ above the roof. Whether or not to allow medium and large wind facilities will be
discussed at the Board meeting on March 18, 2009.
'Should the Board wish to pursue a Wind Energy Facility Ordinance; Staff will modify the exiting
ordinance based upon the discussion on the 18th , have it reviewed by the Town Attorney and
bring the Ordinance back to the Board at the May 1, 2009 meeting to initiate the Ordinance review
process.
'In reviewing the report “Developing a Management Strategy for North Carolina’s Coastal Ocean:
Draft Report” it’s Staff’s opinion the only regulatory influence we may have to not allow wind
turbines is through our Land Use Plan. Any development permit issued by the Division of Coastal
Management for wind turbines would have to be consistent with our Land Use Plan. Should the
Board decide to exclude medium and large wind energy facilities from our ocean and sound ETJ
waters, the Town may want to address this in a Land Use Plan policy.
'Staff would like to note during discussions about policies in the 2006 Draft Land Use Plan, the
Board approved a policy which states “The Town will consider, on an experimental basis, the use
of wind turbines by government entities only after the Town carefully reviews the advantages and
disadvantages of alternative energy production and their effect on the visual environment.” At the
request of Charlan Owens, DCM District Planner should the Town allow wind turbines for other
than Government entities, the Town will need to address another policy that reads in part the
Town will consider the use of wind turbines by private entities. The Land Use Plan is currently
being reviewed again by the Division of Coastal Management and the Board will be reviewing the
Land Use Plan again later this year.
'Attached is the Draft Wind Energy Facilities Ordinance for your review and discussion. At the
meeting on the 18th, staff will have projections of the C2, Hotel Overlay, Commercial Outdoor
Recreational Overlay District, and the Ocean and Sound Waters (ETJ) zoning districts."
Deputy Planning Director Bruce Bortz reviewed the proposed model wind turbine ordinance with
Board members.
Mayor Cahoon asked Board members their preference for which zoning districts are to allow wind
turbines and which type of wind turbines are to be allowed.
Comr. Gray questioned the amount of noise caused by the wind turbines; Dep. Planning Director
Bortz stated that the turbines do make noise but not a lot; in the CR District with no fall zone, they
may be heard more.
Board members felt all setbacks should be 1.1 feet. Noise and Shadow Flicker, Installation and
Design, and Decommissioning (if not allowing large wind turbines, this section would not be
needed.) were also discussed.
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March 18, 2009
Mayor Cahoon suggested that the Town's zoning maps be revised/updated - the C-2 District is not
really C-2 as it is realistically more residential.
Comr. Remaley noted that they probably don't have to worry about a lot of the turbines right now
as they are currently cost-prohibitive.
In response to Comr. Gray, Mayor Cahoon noted that the Board needs to start addressing
alternative energy sources.
It was Board consensus to agree to the following chart for wind turbine type and location where
"P" is Permitted, "C" is Conditional, and "N" is Not Permitted:
Rooftop
Small
Medium
Large
Hotel Overlay
District
P
C
N
N
Comm Outdoor Rec
Overlay District
P
C
N
N
C2
District
P
N
N
N
Ocean
ETJ
Sound
ETJ
P
After a review of the types of wind turbines and possible locations, it was Board consensus to
initiate the wind turbine ordinance process and send the proposed ordinance to the Planning
Board.
Mr. Bortz asked about the Land Use Plan update - he questioned if the Board wanted their position
on wind turbines included in the LUP. It was Board consensus to wait and provide details on wind
turbines when going through the Land Use Plan review process.
Discussion, Request for Authorization, and adoption of Resolution authorizing
application to State DENR - Division of Water Resources - Development Project Grant for the Local Beach Nourishment Project
Town Manager Cameron summarized the agenda summary sheet which read in part as follows:
"Request consideration of attached resolution authorizing application to the State for a grant to
partially fund the Town's local beach nourishment project.
'The Board previously adopted a project ordinance for beach nourishment in the amount of $32.7
million dollars. If this funding request from the State is approved, the ordinance will then be
modified to reflect the change in funding."
MOTION: Comr. Remaley made a motion to adopt the resolution authorizing a grant application
to the State DENR Division of Water Resources for a development project grant for the Town's
local beach nourishment project as presented. The motion was seconded by Comr. Oakes which
passed unanimously.
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The resolution concerning the Town's local beach nourishment project grant application to the
State, as adopted, read in part as follows:
"WHEREAS, the Town of Nags Head Board of Commissioners desires to sponsor a local beach
nourishment project in order to preserve the number one industry in Nags Head - tourism; the
tourism market is what supports and drives the economy on the Outer Banks; beach nourishment
would provide for the preservation and creation of jobs and would preserve the number one
industry in Nags Head.
'NOW, THEREFORE, BE IT RESOLVED THAT:
'1) The Board requests the State of North Carolina to provide financial assistance to the Town of
Nags Head for a local beach nourishment project in the amount of $11 million dollars or 1/3 of
the project construction cost, whichever is the lesser amount; AND
'2) The Board assumes full obligation for payment of the balance of project costs; AND
'3) The Board will obtain all necessary State and Federal permits; AND
'4) The Board will comply with all applicable laws governing the award of contracts and the
expenditure of public funds by local governments; AND
'5) The Board will supervise construction of the project to assure compliance with permit
conditions and to assure safe and proper construction according to approved plans and
specifications; AND
'6) The Board will obtain suitable spoil disposal areas as needed and all other easements or rightsof-way that may be necessary for the construction and operation of the project without cost or
obligation to the State; AND
'7) The Board will assure that the project is open for use by the public on an equal basis
with no restrictions; AND
'8) The Board will hold the State harmless from any damages that may result from the
construction, operation and maintenance of the project; AND
'9) The Board accepts responsibility for the operation and maintenance of the completed
project."
Request for extension of bow hunting season in The Nature Conservancy - Nags Head
Woods
Town Manager Cameron summarized the agenda summary sheet which read in part as follows:
"Attached please find a request from the Nature Conservancy Steward Aaron McCall for an
extension of the Nags Head Woods bow hunting season that is available through the Wildlife
Resources Commission - Urban Archery Season.
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'Also provided is a map detailing the area for bow hunting."
The email from Steward Aaron McCall read in part as follows:
"Sorry to bring this up at the last minute but I had mentioned this during my meeting with Cliff
and had plan to bring it up during tomorrows meeting. I was hoping that you could bring up the
topic of an Extended Bow Hunting Season that is now available through Wildlife Resources
Commission (WRC) called Urban Archery Season that I would like the Town to support. I will be
happy to follow up during my April appearance but I need a letter of support by April 1st which is
before my meeting with the Town. Below I have some points that cover the program. Also you will
find attached a map covering the hunting areas.
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It is a bow hunting only program for Urban interface areas (fits well with Nags Head
Woods Preserve)
Extended Season Jan 10- Feb 14 (would give our hunter almost another month of hunting)
This program was started a year ago to help keep deer herds in check in urban areas.
Currently we are taking around 10 deer a year with bow hunters. I as well as the Biologist
for Wildlife Resource Commission (WRC) would like to see an increase in this number
I will work with WRC to manage and run the program.
This is also a very slow time of the year for visitors in the woods and as always hunter
must follow all hunting rules for Nags Head Woods for both their safety, visitors and
adjacent land owners."
MOTION: Comr. Remaley made a motion to approve the request to extend the bow hunting
season in The Nature Conservancy as presented. The motion was seconded by Comr. Oakes
which passed unanimously.
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY
Town Attorney John Leidy - Request for Closed Session
Town Attorney John Leidy requested a Closed Session to discuss a potential litigation issue with
HML Corporation re: the US 158 waterline project.
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER
Town Manager Cameron - Update on Town FY 09/10 Budget
Town Manager Cameron reported that he and finance staff have been meeting with Department
Heads to review proposed departmental budgets. He has also met with Board members
individually. Blue Cross/Blue Shield is expected to provide quotes by the end of next week or the
first week in April so staff can evaluate and include accurate cost figures in the proposed budget.
The proposed budget will address staff-communicated needs; Town Manager Cameron said that
he feels the FY 09/10 budget is the most difficult budget to prepare in the history of the Town.
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Town Manager Cameron - Update on Finch Street drainage issues
Town Manager Cameron reported that staff, the Town Engineer, and the Town Attorney have met
with Finch Street property owners concerning drainage problems; at the April 1, 2009 Board
meeting, he will provide recommendations to lessen the drainage problems on Finch Street for
Board consideration.
Town Manager Cameron - Update on nuisance structures on public trust land in South
Nags Head
Town Manager Cameron stated that he has received Planning Director Tim Wilson's investigative
results of the three (3) nuisance structures on the public trust beach in South Nags Head.
Mr. Wilson reported that the most important finding is that all three (3) structures are storm or
erosion damaged to the extent that they are in condemnation status. They are all located in their
entirety on the public trust beach; two (2) compromises beach access and one (1) prohibits beach
access.
Town Manager Cameron explained that the process to remove the nuisance structures will
continue to move forward.
Town Manager Cameron - Update on Dominion Power and vegetation removal in
South Nags Head
A meeting was held today (March 18, 2009) at the South Nags Head Fire Station to address citizen
concerns about Dominion Power cutting the vegetation behind properties in South Nags Head.
Dominion Power and Park Service representatives were also present as were four Board members.
Town Manager Cameron explained that it was felt that communication by the Park Service and
Dominion Power needs to be improved; the Park Service will review the complaints that were
brought forward at today's meeting. Overall it was felt to be a very positive meeting.
Mayor Cahoon thanked Town Manager Cameron for facilitating the meeting and allowing citizens
to ask questions about the vegetation removal in South Nags Head by Dominion Power.
Town Manager Cameron - Update on Conch Street Ocean Outfall Project
Town Manager Cameron reported that the Conch Street Ocean Outfall Project is now underway
with George Draper Construction working on the project for the State. One problem realized was
that more pipes were found underground than were expected. It was believed some of the pipes
were installed after the Ash Wednesday storm.
Town Manager Cameron - Update on Milepost 10.5 Shoppes Project
Town Manager Cameron reported that the work on the Milepost 10.5 Shoppes is moving forward
as expected; The Food Lion is expected to open September 2009 and the commercial shops are
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expected to open next year. Staff continues to monitor the construction. He noted that a second
set of signage on Wrightsville Avenue was found to not be permitted which was brought to the
attention of the developer.
Town Manager Cameron - Beach nourishment
The Local Beach Nourishment Project permitting process and negotiations with Corps of Engineers
(COE) continues; COE is expected to publish by the end of this week in the Federal Register the
announcement of a beach nourishment scoping stakeholders meeting. Town Manager Cameron
reported that the stakeholders meeting is scheduled for Tuesday, April 28, 2009 at 3:30 p.m. at
the south wing of Fire Station #16. Town Manager Cameron stated that public input will be
received at that time.
Town Manager Cameron - Request for Closed Session
Town Manager Cameron requested a Closed Session to discuss personnel.
BOARD OF COMMISSIONERS AGENDA
Mayor Pro Tem Sadler - Thank you to Town Manager Cameron for South Nags Head
meeting
Mayor Pro Tem Sadler thanked Town Manager Cameron for facilitating today's meeting with South
Nags Head citizens concerning the Dominion Power vegetation removal on National Park Service
property.
MAYOR’S AGENDA
Mayor Cahoon - Report on recent trip to Raleigh for terminal groin legislation
Mayor Cahoon reported that she, Town Manager Cameron and Deputy Town Manager Ogburn
went to Raleigh this week to support the introduction of terminal groin legislation. She stated that
staff will monitor the legislation.
Mayor Cahoon - Request for Closed Session
Mayor Cahoon requested a Closed Session to discuss personnel.
CLOSED SESSION
MOTION: Comr. Remaley made a motion to enter Closed Session to discuss litigation and
personnel in accordance with GS 143-318.11(a)(3) and (6) respectively. The motion was
seconded by Mayor Pro Tem Sadler which passed unanimously. The time was 8:35 p.m.
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OPEN SESSION
The Board re-entered Open Session at 8:46 p.m.
Town Attorney John Leidy reported that during Closed Session the Board discussed a potential
litigation matter and a personnel matter, stayed within the purposes of the Closed Session as
identified, and no action was taken.
Mayor Cahoon - Eure Art Center grant from Outer Banks Visitors Center
Mayor Cahoon explained that the Eure Art Center has been awarded a grant from the Outer Banks
Visitors Bureau through the Town; they are still working due diligence and have requested an
extension.
It was Board consensus to request a grant extension from the Outer Banks Visitors Bureau for the
Eure Art Center until March 31, 2010. The time was 8:49 p.m.
CLOSED SESSION
The Board re-entered Closed Session to continue discussions re: personnel. The time was 8:49
p.m.
OPEN SESSION
The Board re-entered Open Session at 9:32 p.m.
Session no final actions were taken.
Mayor Cahoon reported that during Closed
ADJOURNMENT
MOTION: Comr. Gray made a motion to adjourn. The motion was seconded by Comr. Remaley
which passed unanimously. The time was 9:33 p.m.
_______________________________
Carolyn F. Morris, Town Clerk
Approved:
___________________________
Mayor:
___________________________
M. Renée Cahoon
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