TOWN OF NAGS HEAD
BOC ACTIONS
September 1, 2004
1.
Call to order - Mayor Pro Tem Murray called the meeting to order at 9:00 a.m. - He noted that
Mayor Muller was not in attendance as he had a work conflict.
2.
Audience Response - Bruce Brown, resident of Nags Head Pond; spoke against the proposed
west side bike path; he read from a petition with 90 property owner signatures that opposes the
proposed bike path because of concern about personal safety, the remote location of the path, the lack
of access points, and because the path does not benefit the community as a whole.
3.
Audience Response - Sean Boyle, resident of Nags Head Pond whose property backs up to the
proposed path; because of construction work, he recently has had someone drive up onto the back yard
and onto the septic field of his property.
4.
Audience Response - Todd Cummings, resident of Nags Head whose property backs up to the
proposed path; he is also concerned about standing water and the fill that would be required for the
path which may adversely impact their properties with stormwater drainage; he is concerned that the
path in the proposed remote location may mean more crime in the area.
5.
Audience Response - Norm Bradford, resident of Nags Head whose property backs up to the
proposed path; he purchased his lot years ago because he was told by the Town that nothing would be
built behind his property and now he is concerned that the proposed bike path will be constructed and
will be disruptive to he and his family’s privacy; he asked the Board to consider relocating the path.
It was Board consensus that a committee be appointed to look at alternate location(s) for the
proposed west side bike path. Those interested in serving are to contact Town Clerk Carolyn Morris.
(See item #31)
6.
Proclamation - Amy Montgomery, Dare County Health Department, explained that North Carolina
Governor Mike Easely has declared September 2004 as Healthy North Carolina Month.
The Board
passed a motion to adopt the Healthy North Carolina Month Proclamation as presented.
7.
YMCA presentation - YMCA Executive Director Sheila Foster expressed appreciation from the
YMCA to Public Safety Director Chief Cameron and his police officers for assistance to children in the
YMCA programs, specifically for assistance in crossing the bypass to the Bonnett Street Beach Access.
8.
Life Saving Awards - On behalf of the Board, Mayor Pro Tem Murray presented Life Saving Award
plaques to Fire Captain John Kenny and to Firefighter Billy Murray.
9.
Recognition - Mayor Pro Tem Murray recognized former Nags Head Commissioner Doug Remaley
who was in the audience.
10.
Traffic Enforcement and Investigation Certificate - On behalf of the Board, Mayor Pro Tem
Murray presented the Traffic Enforcement and Investigation Certificate to Police Officer Chris
Montgomery.
11.
New employee - Deputy Public Works Director Ralph Barile introduced new employee Tori Riddick
who began work for the Town as Equipment Operator in the Sanitation Division in August 2004.
Nags Head Board Meeting Actions
September 1, 2004
12.
Consent Agenda - The Board passed a motion to approve the Consent Agenda as presented
which consisted of the following items:
-
Consideration of Budget Adjustment #2 to FY 03/04 Budget
Consideration of Tax Adjustment Report
Consideration of job description updates: Admin Assistant and Human Resource Coord
Consideration of addition of Tow Service Operations to Town Code Chapter 12
Request for Public Hearing concerning major communication towers as a conditional use
Request for Public Hearing concerning an exception for individual lots under same ownership to
be recombined for commercial development sites
Consideration of revised Town Park policy and amendment to Consolidated Fee Schedule Administration Dept - Town Parks and Board Room Reservation Clean Up Deposit
13.
Public Hearing - A public hearing was held to consider amendment to Town Code pertaining to
the replacement of “maids quarters”. The Board passed a motion to adopt the ordinance concerning
maids quarters as presented.
14.
Public Hearing - A public hearing was held to consider site plan/conditional use permit application
for 852 square feet observation deck addition to the YMCA skate park.
The Board passed a motion to make the following findings of fact:
-
That the proposed site plan meets the requirements of the Nags Head Zoning Ordinance,
Subdivision Ordinance and other applicable ordinances.
That the use will not materially endanger the public health and safety if located where
proposed and developed according to the plan as submitted.
That the use as proposed will not overburden the fire fighting capabilities and the municipal
water supply capacity of the Town as said facilities and capabilities would exist on the completion
date of the conditional use for which the application is made.
and to approve the YMCA site plan for a skate park observation deck as presented.
15.
Public Hearing - A public hearing was held to consider a site plan/conditional use permit
application for the South Nags Head Fire Station.
The Board passed a motion to make the following findings of fact:
-
That the applicant has met the requirements of the Town of Nags Head Zoning Ordinance,
Subdivision Ordinance and other applicable ordinances.
That the use will not materially endanger the public health and safety if located where proposed
and developed according to the plan as submitted.
That the use as proposed will not overburden the fire fighting capabilities and the municipal
water supply capacity of the Town.
and to approve the site plan for the South Nags Head Fire Station as presented with the following
condition:
-
Prior to the issuance of a building permit, the applicant shall submit a recombination plat for the
two lots shown on the site plan.
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Nags Head Board Meeting Actions
September 1, 2004
16.
Minutes - The Board passed a motion to approve the August 4, 2004, Regular Session and the
August 18, 2004, Adjourned Regular Session minutes as presented.
17.
Beach Nourishment - Town Manager Fuller reviewed the following with Board members:
-
The Dare County Beach Nourishment Committee received three (3) responses to Request For
Proposals (RFP's) for a beach nourishment lobbyist and those firms have been referred to a subcommittee for review.
A Beach Nourishment sub-committee was established that is looking at the financial implications
of using purely local funds for beach nourishment.
A joint workshop has been scheduled for Tuesday, September 7, 2004, at 3:00 p.m. in the Film
Theatre at Roanoke Island Festival Park with the Dare County Beach Nourishment Committee,
the Dare County Board of Commissioners and the U.S. Army Corps of Engineers. The workshop
is scheduled to provide updated information on beach nourishment efforts.
-
18.
Personnel Grievance Board policy - The Board passed a motion to table voting on the Personnel
Grievance Board issues.
19.
Nags Head Supermarket - The Board passed a motion to approve the Nags Head Supermarket
site plan as presented with a note included that the vegetation existing in Buffer Yard G and on the
reserve drainfield is to be preserved as much as possible.
20.
Greenlee Retail/Office Building - The Board passed a motion to approve the Greenlee
Retail/Office Building site plan with the following condition:
-
Prior to any land disturbance, the final entrance configuration shall be approved in writing by
NCDOT, the Town Engineer, and the Public Safety Department.
21.
NCLM voting delegate - The Board passed a motion to nominate Mayor Muller as the voting
delegate to the 2004 NCLM Annual Business Meeting in October 2004.
22.
Town Attorney - Town Attorney Ike McRee stated that a report has not been received from
Court concerning Town's request for dismissal of Nags Head Construction lg. structure ordinance lawsuit.
23.
Town Manager Fuller - Town Manager Fuller provided a PowerPoint presentation of the Town's
Annual Report for FY 03/04 which was well received.
24.
Lunch - The Board recessed for lunch at 12:19 p.m. and reconvened from lunch at 1:30 p.m.
25.
Town Manager Fuller - The Board passed a motion to authorize staff to enter into an agreement
with the Springsted/NCLM consulting firm for the Pay/Classification study. The motion passed 3 - 1 - 0
with Comr. Oakes casting the NO vote (Mayor Muller was absent.). Comr. Oakes felt that expertise was
available and that it was more economical to do the study in-house.
26.
Town Manager Fuller - Town Manager Fuller requested a brief Closed Session to discuss a
personnel item.
27.
Mayor Pro Tem Murray - The Board discussed the upcoming Board Retreat scheduled for
Wednesday, September 29, 2004. Mayor Pro Tem Murray summarized Board consensus: The Retreat
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Nags Head Board Meeting Actions
September 1, 2004
is not to be televised; utilize same facilitators as previously used; Retreat/Workshop would be in lieu of a
mid-month meeting.
28.
Mayor Pro Tem Murray - Chief Cameron reported that Hurricane Frances is expected to make
landfall in the United States; the predominant projected tract right now is for landfall in Florida.
29.
Mayor Pro Tem Murray - Mayor Pro Tem Murray thanked the Public Works Sanitation Department
for doing a good job of picking up trash around Town; Deputy Public Works Director Ralph Barile
explained that prisoners from the State Corrections Department have been helping this week.
30.
Mayor Pro Tem Murray - Mayor Pro Tem Murray said that he frequently receives compliments
about the Town’s Board meetings and their clarity when aired on the Government Access Channel. He
recognized and thanked Bob Boyer and Perry White from Boyer Video who tape all Board of
Commissioners meetings.
31.
Mayor Pro Tem Murray - Mayor Pro Tem Murray asked Town Manager Fuller to update the Board
on the grant requests for the proposed west side bike path. (See item #36)
It was Board consensus that Mayor Pro Tem Murray discuss with Mayor Muller appointments to a
committee that would meet within the next week to 10 days to discuss location(s) for a proposed west
side bike path. Committee members are to be appointed from members of the CAC, from any interested
residents and should include two (2) Commissioners. Planning Director Tim Wilson is to research when
the grant applications for the path are to be submitted to NCDOT and the Tourism Board.
32.
Comr. Oakes - Comr. Oakes reported that the annual NC DOT “Big Sweep” event takes place on
October 2, 2004, and he encouraged everyone to participate. Town Manager Fuller explained that the
Town participates each year in this annual project.
33.
Comr. Sadler - Comr. Sadler reported that a stormwater drainage workshop was conducted by
Sen. Basnight on Monday, August 30, 2004 at the Kitty Hawk Town Hall.
34.
Comr. Sadler - Comr. Sadler encouraged everyone to attend the update on beach nourishment at
Roanoke Island Festival Park on Tuesday, September 7, 2004, at 3:00 p.m.
35.
Comr. Gray - Comr. Gray reported that the Veterans Memorial plaque has been completed; the
Veterans Memorial Committee is planning on meeting soon. It was Board consensus that the
Committee determine the date/details of the dedication ceremony for the plaque.
36.
Town Manager Fuller - Town Manager Fuller reported that the grant application for NC DOT for
the proposed west side bike path has already been submitted. The grant application from the Dare
County Tourist Bureau is due for submission by the end of September 2004.
37.
Adjournment - The Board passed a motion to enter Closed Session to discuss a personnel issue
in accordance with GS 143-318.11(a)(6) and to adjourn to a Town-wide staff meeting in the Board
Room on September 15, 2004, at 11:00 a.m. The time was 2:50 p.m.
38.
Open Session - The Board re-entered Open Session at 3:18 p.m. Mayor Pro Tem Murray noted
that during Closed Session, the Board authorized Town Manager Fuller to make an employee salary
adjustment. The Board adjourned at 3:19 p.m.
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