DRAFT TOWN OF NAGS HEAD BOARD OF COMMISSIONERS REGULAR SESSION September 1, 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, September 1, 2004. COMRS PRESENT: Mayor Pro Tem Brant Murray; Comr. Anna Sadler; Comr. Wayne Gray; and Comr. Bob Oakes COMRS ABSENT: Mayor Robert Muller OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Ike McRee; Deputy Town Manager Rhonda Sommer; Charlie Cameron; Wayne Byrum; Butch Osborne; Tim Wilson; Bruce Bortz; Andy Garman; Ralph Barile; Virginia Taylor; Kevin Schwartz; Stefan Dabrowski; Chuck Blazek; Sean Boyle; Sheila Foster; Harry Thompson; Ray Chatham; Lois Chatham; Ed Schneider; Bruce Brown; Tom Haddon; Elaine Smith; Brian Cauthren; Alert Grimm; Ken Sehlhorst; Eddie Valdivieso; Dave Masters; Matt Artz; Julia LeDoux; and Town Clerk Carolyn Morris Mayor Pro Tem Murray called the meeting to order at 9:00 a.m. followed by a moment of silent meditation and the pledge of allegiance. Mayor Pro Tem Murray noted that Mayor Muller was not in attendance today as he had a work conflict. AUDIENCE RESPONSE - BRUCE BROWN Bruce Brown, resident of Nags Head Pond; spoke concerning the proposed west side bike path; he read from a petition with 90 signatures that opposes the proposed bike path; he opposes the path because of his concerns 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; he supports a bike path for Nags Head but due to these concerns, he and the petition signers urge the Board to pursue other options that would serve the entire community; he has not spoken with any parent who would allow their children to use the path; he is in favor of a bike path on the bypass; he would like to see a joint effort between all the Towns for a path that everyone can enjoy. AUDIENCE RESPONSE - SEAN BOYLE Sean Boyle, resident of Nags Head Pond whose property backs up to the proposed path; because of construction, he recently has had someone drive up onto the back yard and septic field of his property. DRAFT Nags Head Board Meeting Minutes September 1, 2004 AUDIENCE RESPONSE - TODD CUMMINGS Todd Cummings, resident of Nags Head whose property backs up to the proposed path; last weekend there were trucks running through the back of their properties; 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. AUDIENCE RESPONSE - NORM BRADFORD 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 his family’s privacy; he is opposed to the path in the location being considered and asked the Board to seriously consider relocating the path. There being no one else present who wished to speak, Mayor Pro Tem Murray announced Audience Response closed at 9:13 a.m. Mayor Pro Tem Murray explained that the idea of the west side bike path came from the Town Citizens Advisory Committee to help safely move children between the new Elementary School, the YMCA, the new recreation area behind Kelly’s Restaurant, and the west side neighborhoods. The Board has set aside funds for the project. He said that he appreciated the comments received today. The project has not been finalized yet. Comr. Gray said that the bike path is for the people and if the people do not want it, then the idea should be eliminated. Comr. Sadler commented that a bike path along the bypass is not a viable solution, however she is not convinced that the west side location is the best location; she suggested that a committee be formed to provide the Town with another option for a location; she feels that there is a need for the path. Comr. Oakes feels the proposed west-side location is the correct location and that some of the concerns mentioned today can be alleviated such as by blocking path use by motorized vehicles; he is not sure there would be a need to use fill prior to construction of the path; the idea came from the Town’s Citizens Advisory Committee; he is very concerned about the safety of children on the bypass. 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 on this committee are to contact Town Clerk Carolyn Morris. Proclamation declaring September 2004 as Healthy North Carolina Month Amy Montgomery, Dare County Health Department, explained that North Carolina Governor Mike Easely has declared September 2004 as Healthy North Carolina Month and he has asked all 100 counties to participate by planning activities in prevention, wellness, and fitness to raise health awareness among 2 DRAFT Nags Head Board Meeting Minutes September 1, 2004 North Carolinians. She stated further that the Town of Nags Head has agreed to participate in a healthy walk on September 23, 2004. She thanked the Town for agreeing to participate. Mayor Pro Tem Murray read the Proclamation in support of Healthy North Carolina Month as follows: "WHEREAS, good health for North Carolinians is necessary for the full enjoyment of life, for success in school, and for a more productive workforce; AND 'WHEREAS, preventable and controllable diseases, including asthma, diabetes, cancer and hearth disease, cost the State, local government and private employers billions of dollars every year; AND 'WHEREAS, diabetes increased among North Carolinians by 75% between 1995 and 2002, and diabetesrelated hospitalization costs totaled $2.4 billion in 2002 alone; AND 'WHEREAS, one in four North Carolinians has heart disease, and 40% of all deaths in the State are caused by heart disease. In 1997, heart disease cost $1.78 billion in medical expenses; AND 'WHEREAS, nearly one in four deaths in North Carolina is caused by cancer. In 2000, $1 billion was spent on medical costs for cancer. Breast, prostate, colorectal, skin, and oral cancers that are detected through screening can often be successfully treated; AND 'WHEREAS, one in ten of North Carolina's children has asthma and those children miss twice as many days of school as their counterparts. Asthma is the number one cause of emergency room visits and hospital admissions for patients under the age of 21. Asthma-related hospitalization costs totaled $100 million in 1997 alone; AND 'WHEREAS, North Carolinians can take advantage of many activities that will improve their health and help prevent and control disease, with small changes in diet and activity having a dramatic impact on health in the long term; AND 'WHEREAS, studies have shown that health promotion and disease management programs in major private sector companies have saved, on average, $3.00 for every $1.00 invested. 'NOW, THEREFORE, on behalf of the Nags Head Board of Commissioners, I do hereby proclaim September 2004, as "HEALTHY NORTH CAROLINA MONTH". I urge all North Carolinians to participate in wellness activities, utilize workplace wellness programs, utilize wellness benefits available through their health insurance programs, and participate in disease detection screening programs." MOTION: Comr. Oakes made a motion to adopt the Healthy North Carolina Month Proclamation as presented. The motion was seconded by Comr. Gray which passed 4 - 0 (Mayor Muller was absent.). Presentation by the Outer Banks Family YMCA YMCA Board Director Sheila Foster expressed thanks from the YMCA to Nags Head Public Safety Director Charlie Cameron and to the Public Safety Department. Ms. Foster explained that for seven (7) weeks during the summer - up to three (3) times per week - Chief Cameron authorized police officer escorts for the YMCA children to get to the Bonnett Street Beach Access across the bypass. She explained that this 3 DRAFT Nags Head Board Meeting Minutes September 1, 2004 was very much enjoyed by the children and very much appreciated by the YMCA staff. She presented Chief Cameron with a framed thank-you card prepared by the children of the YMCA programs and a photograph collage. Presentation of Life Saving Award to Fire Captain John Kenny Presentation of Life Saving Award to Firefighter Billy Murray Assistant Fire Chief Butch Osborne stated that the ultimate goal for firefighters is to save someone’s life but the opportunity to do that comes along very rarely. Mayor Pro Tem Murray read the Life Saving Award plaque for Fire Captain John Kenny. Fire Captain Kenny risked his life to save someone from drowning. The plaque was presented to Captain Kenny by Mayor Pro Tem Murray on behalf of the Board. Mayor Pro Tem Murray read the Life Saving Award plaque for Firefighter Billy Murray. Firefighter Murray witnessed an adult male fall to the ground suffering a heart attack and performed CPR and saved the man’s life. The plaque was presented to Firefighter Murray on behalf of the Board. RECOGNITION OF FORMER NAGS HEAD COMMISSIONER DOUG REMALEY Mayor Pro Tem Murray recognized former Nags Head Commissioner Doug Remaley who was in the audience. Presentation of Traffic Enforcement and Investigation Certificate for the successful completion of this program as certified by the NC Criminal Justice Standards Division for Police Officer First Class Chris Montgomery Assistant Police Chief Wayne Byrum summarized the accomplishment of Police Officer Chris Montgomery by the completion of the Traffic Enforcement and Investigation program. On behalf of the Board, Mayor Pro Tem Murray presented the Certificate to Officer Montgomery. He explained that Officer Montgomery is only the 42nd officer in the State to successfully complete the course and he is one of two (2) Nags Head officers who has completed the course. INTRODUCTION OF NEW EMPLOYEE Deputy Public Works Director Ralph Barile introduced new employee Tori Riddick who began working for the Town as Equipment Operator in the Sanitation Division of the Public Works Department on August 9, 2004. Board members welcomed Mr. Riddick to Town employment. CONSENT AGENDA The Consent Agenda consisted of the following items: 4 DRAFT Nags Head Board Meeting Minutes September 1, 2004 - Consideration of Budget Adjustment #2 to FY 03/04 Budget Consideration of Tax Adjustment Report Consideration of updates to job descriptions - Administrative Assistant and Human Resource Coordinator Consideration of addition of Tow Service Operations to Town Code Chapter 12 Businesses and Licensing Section - from former Town Code Request for Public Hearing to consider proposed Zoning Ordinance Amendment to Town Code Section 48-404 (c)(9), R-3 High Density Residential District, to include major communication towers as a conditional use Request for Public Hearing to consider proposed Zoning Ordinance Amendment to Town Code Section 48-122, nonconforming lot of record to provide for an exception for individual lots under same ownership to be recombined for commercial development sites Consideration of revised Town Park policy and Consideration of amendment to Consolidated Fee Schedule - Administration Dept Town Parks and Board Room Reservation Clean Up Deposit MOTION: Comr. Gray made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Sadler which passed 4 - 0 (Mayor Muller was absent). A copy of Budget Adjustment #2, 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 Agenda Summary Sheet concerning the revised job descriptions, as approved, read in part as follows: “Administrative Assistant job description will be updated to include Public Information Officer responsibilities. Human Resource Coordinator job description will be updated to include Deputy Safety Officer responsibilities.” The Agenda Summary Sheet concerning the Tow Service Operations, as approved, read in part as follows: “Tow Service Operations (attached is former Town Code Chapter 10-126) was left out of the recodified Town Code. Request Board approval to direct Municipal Code Corporation to include Tow Service Operations in the new Town Code (Town Code Chapter 12-191) in the next Town Code Supplement.” The Agenda Summary Sheet concerning the revised Town Park Policy and Consolidated Fee Schedule update, as approved, read in part as follows: “Staff is requesting that the Board consider a revised policy (attached) to include the following: electricity will not be provided at the Town park, grills are not to be used under the park pavilion, reservations guarantee use of the park pavilion only, fireworks are prohibited at the park, and pets must be on a leash and must be cleaned up after. 5 DRAFT Nags Head Board Meeting Minutes September 1, 2004 ‘Also attached please find a proposed change to the Consolidated Fee Schedule. Staff is requesting that the Board approve an increase in the clean-up deposit for Town Facilities (i.e., Town Park, Board Room) from $25 to $50. Staff has found that the current fee of $25 does not encourage clean up. ‘Staff is also requesting that the effective date of the fee schedule change, if approved, be October 1, 2004, to prevent penalizing those who have already made reservations for September.” PUBLIC HEARINGS PUBLIC HEARING to consider amendment to Town Code Section 48-131 Historic Structures, establishing regulations and conditions pertaining to the replacement of "maids quarters" Deputy Planning Director Bruce Bortz summarized the Planning Board and Planning and Development staff memo dated August 23, 2004, which read in part as follows: “Please find attached a Staff generated zoning amendment which would allow maids' quarters which are listed on the National Register of Historic Places to be completely rebuilt. Several years ago the zoning ordinance was amended to allow greater flexibility in the repair and maintenance of maids' quarters, but that ordinance did not address rebuilding. The Town places a high value in preserving these unique historic structures which were an integral part of the historic homes and history of Nags Head. At one time many of these historic homes had a separate on-site building which served as a maids' or servants' quarters. A few of the remaining historic homes in town still have these maids' quarters. ‘The Planning Board at their July 20th meeting voted unanimously to recommend approval of the attached ordinance amendment as presented. Planning staff also recommends approval as presented.” Notice of the public hearing was published in the Coastland Times on Thursday, August 26, 2004, and on Tuesday, August 31, 2004, as required by law. Mayor Pro Tem Murray announced the public hearing open at 10:01 a.m. There being no one present who wished to speak, Mayor Pro Tem Murray announced the public hearing closed at 10:01 a.m. MOTION: Comr. Oakes made a motion to adopt the ordinance concerning maids quarters as presented. The motion was seconded by Comr. Sadler which passed 4 - 0 (Mayor Muller was absent.). A copy of the ordinance concerning maids quarters, as adopted, is attached to and made a part of these minutes as shown in Addendum "C". PUBLIC HEARING to consider site plan/conditional use permit application for the addition of an 852 square feet observation deck to the YMCA skate park located at 3000 South Croatan Highway Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development staff memo dated August 23, 2004, which read in part as follows: 6 DRAFT Nags Head Board Meeting Minutes September 1, 2004 "Albemarle Engineering, representing YMCA of South Hampton Roads, has submitted the attached site plan amendment application for the expansion of the YMCA skate board park facility to include: A single story, elevated, wood deck a speed hump/crosswalk and 3-foot sidewalk 'This proposal is very similar to a plan approved by the Board of Commissioners several months ago. The Board approved the deck addition; however, the conditional use approval expired before the applicant obtained a building permit for the deck. The applicant is resubmitting the plan to move forward with construction of the observation deck. 'The 834,798 square foot (19 acre) site is located west of the of US 158 between the Pirates Quay shopping center to the south and the former Nags Head Supermarket site to the north. The site spans three zoning districts C-2 General Commercial, R-2 Medium Density Residential and SED-80 Special Environmental District. This application however pertains only to the C-2 General Commercial portion of the site where the skate park facility is located. 'The skate park is a conditional use in the C-2 medium density residential zoning district. The conditions applicable to skate parks are attached for reference. The site plan is shown in compliance with the prescribed conditions set forth in the attached section of the Zoning Ordinance. No development is currently proposed for the portion of the site that lies within the SED-80 or R-2 zoning districts. 'Zoning boundaries, parking, setbacks, lighting, buffering, and lot coverage as shown comply with the zoning ordinance. Public works, public safety, fire and vehicular ingress and egress issues have been resolved. 'The proposed deck would not include any fixed seating. Patrons however, would be permitted to bring their own seating onto the deck. The applicant has not provided staff with any plans for illuminating the deck. 'The Town engineer’s approval of any minor revisions of the applicant’s storm water management plan required for this proposal, is not required until prior to issuance of a building permit. Noise generated by spectators on the spectator deck would be regulated by the current noise ordinance. 'Planning Board Recommendation: At their regular meeting of August 17, 2004 the Planning Board members reviewed that attached application. After a brief discussion, the members voted 6 to 0 to recommend approval of the proposal as presented. 'Staff Recommendation: Planning and Development Staff find that the plan complies with the Zoning Ordinance and recommends approval of the YMCA expansion site plan/conditional use application as presented. 'Because the site plan under consideration is a conditional use application, the Board of Commissioners shall make affirmative findings of the following: 1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. 7 DRAFT Nags Head Board Meeting Minutes September 1, 2004 The proposed site plan meets the requirements of the Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. 2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted. 3. 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. Please refer to the attached memorandum from the fire department." Notice of the public hearing was published in the Coastland Times on Thursday, August 12, 2004, and on Sunday, August 15, 2004, as required by law. Mayor Pro Tem Murray announced the public hearing open at 10:07 a.m. There being no one present who wished to speak, Mayor Pro Tem Murray announced the public hearing closed at 10:07 a.m. Comr. Oakes asked if there were any changes from the first submission for this project; Ms. Gallop stated that the deck is a few feet smaller. Comr. Sadler confirmed with Ms. Gallop that the YMCA is in compliance with all zoning and building codes. Comr. Gray asked about noise complaints. Chief Cameron responded that none have been reported this season and he supports the project; he feels that the YMCA and the Town have a good partnership. MOTION: Mayor Pro Tem Murray made 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. The motion was seconded by Comr. Gray which passed 4 - 0 (Mayor Muller was absent.). PUBLIC HEARING to consider a site plan/conditional use permit application for the South Nags Head Fire Station located at 8800 South Old Oregon Inlet Road Planner Andy Garman summarized the Planning and Development staff memo dated August 23, 2004, which read in part as follows: 8 DRAFT Nags Head Board Meeting Minutes September 1, 2004 "Quible & Associates, PC, on behalf of the Town of Nags Head has submitted the attached conditional use/site plan application for the construction of a fire station in South Nags Head. The station would consist of a four-bay fire truck facility and accompanying fire house. This facility would be located on two lots, both owned by the Town; that front directly on SR 1243 (South Old Oregon Inlet Road). These lots would need to be recombined prior to the issuance of a building permit in order for this application to comply with lot coverage and zoning requirements. The subject property is located in the R-2 medium density residential district where fire stations are permitted as a conditional use. 'The Town Engineer has approved loading, internal site circulation, and ingress and egress for the site. Public Works and Fire Department issues have been addressed. Lighting, buffers, lot coverage, and setbacks shown on the site plan comply with the Zoning Ordinance. A preliminary Dare County Health Department wastewater treatment system approval has been obtained for this site. 'While the proposed use is not subject to the newly adopted commercial design standards, the building elevations reflect compliance with these regulations. 'The project engineer has certified that the proposed stormwater management plan will retain the first two inches of rainfall from a storm event; therefore, it will be possible for this plan to receive a building permit under the existing moratorium. 'Planning Board Recommendation The Planning Board voted unanimously at their August 17, 2004 meeting to recommend approval of the South Nags Head Fire Station conditional use/site plan application with the following conditions. 'Prior to the issuance of a building permit, the applicant shall submit a recombination plat for the two lots shown on the site plan. 'Staff Recommendation: Planning and Development Staff concur with the Planning Board’s recommendation. ‘Because the site plan under consideration is a conditional use application, the Board of Commissioners shall make affirmative findings of the following: - The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. The proposed plan meets the requirements of the Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances. - The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted. It is staff’s opinion that this proposal will not pose a danger to public health and safety if developed in compliance with the proposed site plan. - The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town. 'It is Staff’s opinion that the proposed conditional use will not increase the fire fighting capabilities of the Town and will not overburden the municipal water supply capacity." 9 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Notice of the public hearing was published in the Coastland Times on Sunday, August 15, 2004, and on Tuesday, August 17, 2004, as required by law. Mayor Pro Tem Murray announced the public hearing open at 10:16 a.m. Virginia Taylor, was sworn in by the Town Clerk, her house is located at 8810 S. Old Oregon Inlet Road; the fire station's bay doors will open toward the side of her house; her concern is if the lighting will affect her house; she is concerned about noise at different hours of the day or night; she was told that sirens are silent when trucks come out of the bays; she is concerned about additional traffic and privacy; she is in favor of the Fire Station and feels it will be good for South Nags Head; she would like these issues addressed. Dave Masters, was sworn in by the Town Clerk; he questioned where the track lights will be located on S. Old Oregon Inlet Road; he asked if the driveway across the street is lined up to the driveway at the Fire Station. There being no one else present who wished to speak, Mayor Pro Tem Murray announced the public hearing closed at 10:21 a.m. Comr. Oakes asked what happens to the stormwater drainage. Eddie Valdivieso, Quible and Associates, stated that the site will hold in excess of two (2) inches of stormwater; no traffic signals are needed or being proposed at this time; the required buffer yard will protect from sight and noise; the stormwater runoff is directed away from Ms. Taylor's property; he stated that the developer is very sensitive to the lighting impacts. Comr. Sadler questioned the buffers; Mr. Valdivieso stated that the buffers are made up of oleander and russian olive bushes. Chief Cameron stated that flashing emergency lights are not required and they are trying to be neighborhood-friendly and not install flashing lights; he added that the architecture of the building is in Nags Head style; there will be signage in both north and south directions to let everyone know about the station. Comr. Gray confirmed with Chief Cameron that there will only be two (2) people on duty; Chief Cameron stated that this amount will serve the needs of South Nags Head and, if needed, Fire Station 16 will also participate for a structure fire. Comr. Gray expressed his concern about ocean overwash/storm events. Chief Cameron said that there may come a time, such as with Hurricane Isabel, when the apparatus will have to be moved out of the station and to higher ground. Assistant Fire Chief Osborne said that he is pleased there will always be an emergency presence in that area during a storm. Comr. Oakes questioned using the new Fire Station as a place of refuge. Chief Cameron said that he has had some conversations with staff concerning the elevation of the Fire Station. Mr. Bortz stated that the flood elevation is 10 feet. Chief Cameron said that FEMA will not allow shelters to be established in Dare County because of the flood elevation. Town Manager Fuller said that the Fire Station is not designed nor encouraged to be a place of refuge. Comr. Oakes commended the architecture of the building; he would like to see some polishing of the stormwater plan for the site. Comr. Sadler mentioned the State-sponsored stormwater workshop earlier this week; one of the things that arose was covering every inch of the ground with an impervious product. She said that one of the 10 DRAFT Nags Head Board Meeting Minutes September 1, 2004 solutions discussed was to go with a product that would allow more natural drainage. Mr. Valdivieso stated that the parking spaces at the Fire Station will be turfstone. Mayor Pro Tem Murray said that based on response time and the number of homes being built in South Nags Head, this Fire Station is needed and he is excited that it is coming together. MOTION: Mayor Pro Tem Murray made 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. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Muller was absent.). APPROVAL OF MINUTES MOTION: Comr. Sadler made a motion to approve the August 4, 2004, Regular Session minutes and the August 18, 2004, Adjourned Regular Session minutes as presented. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Muller was absent.). OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS Update on beach nourishment projects – Town Manager Fuller Town Manager Fuller reported that 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 sub-committee for review. A full recommendation will be made to the Beach Nourishment Committee which will in turn be presented to the Dare County Board of Commissioners for review. Town Manager Fuller stated further that another committee was established that is looking at the financial implications of using purely local funds for beach nourishment which will be presented to the full Beach Nourishment Committee prior to the Dare County Board. 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 11 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Board of Commissioners and the U.S. Army Corps of Engineers. The workshop is scheduled to provide an opportunity for discussion and updated information on beach nourishment efforts. Mayor Pro Tem Murray explained that no public comment will be taken at the September 7th workshop as it is for informational purposes only. The workshop is expected to be taped and televised at a later date. He encouraged everyone to attend to receive updated information on beach nourishment. Comr. Sadler confirmed with Town Manager Fuller that the financial sub-committee of the Beach Nourishment Committee was formed to look at various financing options with the assumption that the County may not receive federal funds or may receive a reduced amount of federal funds. Discussion of Personnel Policy - Issues concerning Personnel Grievance Board - from August 4, 2004, Board meeting Deputy Town Manager Rhonda Sommer summarized her memo dated August 25, 2004, which read in part as follows: "This memo will attempt to address the seven issues reflected in the summary memo from Mayor Bob Muller and Commissioner Bob Oakes dated April 15, 2004 plus some additional issues that surfaced during our discussions. Please find for your information the memorandum of April 15, 2004, which is included as Attachment A. 'I. Databases Copies of the various databases requested are attached as outlined below. Attachment B Discipline database Attachment C Termination database Attachment D Grievance database 'II. Probation Definitions The Personnel Committee recommends the following definitions for probation: 'A. Probation – a trial period of specific duration, due to initial employment, whereby the employee’s work performance and personal conduct is subject to regular review. During this period of probation, the employee is not subject to rights of appeal/grievance or merit review. 'B. Disciplinary probation - a component of progressive discipline that results from a disciplinary action for failure in performance of duties or personal conduct. This is a period of specific duration whereby the employee’s work performance and personal conduct is subject to periodic review. The Employee has access to the appeal/grievance procedure with respect to the conduct or performance that resulted in the disciplinary probation. During this period of probation, this employee is not subject to the rights of grievance/appeal for any subsequent disciplinary action except for a termination for an offense unrelated to the action that resulted in the disciplinary probation. Merit review during disciplinary probation will be considered on a case by case basis. 'C. Promotional/transfer probation - is a period of specific duration whereby the employee’s work performance and personal conduct is subject to periodic review. The employee does not have access to 12 DRAFT Nags Head Board Meeting Minutes September 1, 2004 the appeal/grievance procedure with respect to demotion to previously held position (or substantially similar position if original position is unavailable) nor is the employee eligible for merit. 'A revised Article IX. Mediation Policy and Grievance Procedure (Attachment E) is recommended to the Board of Commissioners to uniformly address the title of the Personnel Grievance Board and to add the Confidentiality Agreement requirement. A revised Article VIII. Separation, Disciplinary Actions and Reinstatement is also included as Attachment F to include disciplinary probation as a component of progressive discipline. 'III. Exit Interviews The exit interview is to be conducted by the Department Head or the Human Resource Coordinator and the form to be used is included as Attachment G. 'IV. Accident Review Board Both the Personnel Committee and the Safety Committee recommended against the establishment of an Accident Review Board in favor of the current Safety Officer and Safety Committee member review and recommendation. The Town Incident/Accident Investigation Report included as Attachment H for the detail of the incident by the supervisor and then for the Safety Officer to add his/her findings and recommendations. This completed form becomes part of the file for any accident and is taken into consideration by the supervisor in making disciplinary recommendations. This form is due to be completed within 48 hours of any incident/accident. In order to facilitate this time frame, the Town has recently named a Deputy Safety Officer who also has the appropriate safety training. 'The Town Incident/Accident Investigation Report is one of several that make up the file in the case of a vehicular accident. The Police Report is included and in the case of an injury, the employee is required by the Workers’ Compensation insurance carrier to submit a written account of the event. If this account is required, it too becomes a component of the accident file. All of these documents are used in the formulation of a disciplinary action recommendation as indicated on the draft Administrative Policy included as Attachment I. 'V. Grievance Form Updates The revised form is included as Attachment J and covers the matters of release of personnel file contents and final Town Manager decision to the Personnel Grievance Board. 'VI. Participants at the Grievance Hearing Appropriate personnel will be in attendance at Personnel Grievance Board hearings. 'VII. Maintain a Better Paper Trail The use of the grievance form should facilitate a better paper trail and presentation to the Personnel Grievance Board. 'VIII. Confidentiality Agreement This was not a request from the Personnel Grievance Board, but came to light as a result of the discussion of their requests. This Agreement is to be signed by all members of the Personnel Grievance Board and is included as Attachment K. 'It was mentioned that any employees participating in a grievance are also subject to confidentiality. The conduct of employees with respect to personnel information is covered by personnel policy Article XI Personnel Records and Reports. In addition to any legal consequence of breaching personnel 13 DRAFT Nags Head Board Meeting Minutes September 1, 2004 confidentiality, an offending employee would also be subject to disciplinary action as a violation of NCGS 160A – 168, which would be considered a failure in performance of their duties. 'IX. Hearing Procedure Guidance The Personnel Grievance Board has raised questions about the procedural requirements of the hearing process. While not an adopted section of the policy, the customary procedures are covered in Attachment L. 'X. Personnel Grievance Board Mission Statement While working on the appropriate Mission Statement for the Personnel Grievance Board, the Personnel Committee is now recommending a revised Personnel Grievance Board format as covered in the attached draft policy Attachment M. This revised format results in a more formalized grievance procedure and changes the panel make up to three Town employees and two members of the Nags Head community. It is thought that the familiarity of Town policy by Town employees will facilitate the grievance process and come closer to representing a jury by your “peers”." MOTION: Comr. Sadler made a motion to approve the probationary definitions as submitted. The motion was seconded by Mayor Pro Tem Murray. Comr. Oakes commented that this is in response to oversights in the policy and it has taken a while but these are good revisions to the policy. Comr. Sadler said that the Personnel Committee wanted to make sure employees were represented which is one reason why it took so long. Comr. Gray requested that the entire package be tabled until the next Board meeting as he had not had time to review. He said that he had no issues with the revised probationary definitions. Comr. Oakes confirmed that the motion was limited to the probationary definitions. Comr. Sadler said that she would like Mayor Muller to be present for the vote and felt it should be delayed until the next Board meeting with the inclusion of a mission statement. WITHDRAWAL OF MOTION: Comr. Sadler withdrew her motion. MOTION: Comr. Gray made a motion to table voting on the Personnel Grievance Board issues until the September 2004, mid-month meeting. The motion was seconded by Comr. Oakes. WITHDRAWAL OF MOTION: Comr. Gray withdrew his motion. MOTION: Comr. Gray made a motion to table voting on the Personnel Grievance Board issues. The motion was seconded by Comr. Oakes. Comr. Sadler expressed concern about the length of time staff and the Board of Commissioners have been working on the Personnel Grievance Board issues and the length of time the PGB has waited for a response. CONTINUATION OF MOTION: The motion passed 4 - 0 (Mayor Muller was absent.). 14 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Mayor Pro Tem Murray stated that the next review of this item would most likely be at the October 6, 2004, Board meeting. REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR Consideration of site plan application for the reuse of the former Nags Head Supermarket at 2922 S. Croatan Highway as a food retail store and restaurant Planner Andy Garman summarized the Planning Board and Planning and Development staff memo dated August 23, 2004, which read in part as follows: "Albemarle Engineering, on behalf of I.G. Holdings, LLC, has submitted the attached site plan application for the redevelopment of the Nags Head Supermarket property located at 2922 South Croatan Highway. The subject property is located in the C-2 General Commercial zoning district where retail and restaurants are permitted uses. 'If the plan is approved, the site would have one direct access from US 158 as opposed to the two accesses that are currently on the site. Additionally, the plan calls for the use of the two existing access points on Blue Jay Street. The main drive aisle has been configured to allow a future connection to the Bonnett Street intersection once the traffic light is installed and the YMCA reconfigures its access. 'The existing building would be converted to a combination of grocery retail store and restaurant. The site plan specifies that the retail area would comprise 4,200 square feet of the building and the restaurant food service area would comprise 495 of the building. The existing loft apartment is to be removed. 'The Town engineer has approved loading, internal site circulation, ingress and egress and stormwater management for the site. Public Works and Fire Department issues have been addressed. Zoning issues including setbacks, lot coverage, and lighting comply with the zoning ordinance. The buffer requirements have been satisfied either through the use of standard or alternative buffering methods. The Dare County Health Department has stated that adequate wastewater treatment should be possible once a complete evaluation of the property is performed. 'The attached building elevations and architectural design worksheet comply with the newly adopted commercial design standards. Compliance with these standards is necessary because the applicant is exceeding the 50 percent repair threshold applicable to nonconforming structures. Once approved, any future changes of the exterior of the buildings must be authorized by staff to insure that the minimum number of required architectural points is maintained. 'Staff Recommendation: The Planning and Development Staff recommend approval of the I.G. Holdings retail and food service site plan application. 'Planning Board Recommendation 15 DRAFT Nags Head Board Meeting Minutes September 1, 2004 At their August 17th meeting, the Planning Board voted unanimously to recommend approval of the attached site plan with Staff conditions. All Staff conditions have been satisfied and are incorporated in this submittal." Mayor Pro Tem Murray questioned the buffer yard G; Mr. Garman said that the existing vegetation on site satisfies the buffer requirements. Comr. Sadler suggested that maintaining the existing tree line vegetation be included on the site plan. Comr. Oakes confirmed with Town Attorney Ike McRee that if the buffer meets the existing ordinance, then an additional requirement cannot be placed on the site plan. Engineer Brian Cauthren said that it is the developer's intent to leave the existing tree line vegetation. MOTION: Comr. Gray made 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. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Muller was absent.). Consideration of site plan application for Greenlee Retail/Office Building located at 2921 South Croatan Highway Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development staff memo dated August 24, 2004, which read in part as follows: "Seaboard Surveying and Planning, representing Richard Greenlee, Jr., has submitted the attached site plan application for the development of a 3,000 square foot commercial building. The first floor of the building would contain retail space and the second floor would contain general office space. Although the site plan states the building would be wood framed, construction must comply with the North Carolina Building Code. The proposed building is subject to recently adopted commercial architectural design standards. As the attached elevations demonstrate, the appearance of the building would earn the design points necessary to comply with the commercial design ordinance. 'The 19,625 square foot site is located on the west side US 158 just north of Bonnett Street. The site is located in the C-2 General Commercial zoning district where office and retail are permitted uses. The site would be accessed from a single, right-in and left-in/right-out only driveway directly off of US 158. 'Zoning boundaries, drainage, parking, setbacks, lighting, vegetation preservation, and lot coverage as shown comply with the zoning ordinance. Public works, public safety, fire and vehicular ingress and egress issues have been resolved with the exception of the entrance configuration. The Town Engineer recommends a striped traffic island while the Public Safety Department recommends a raised “pork chop” style island be installed. 'Although the applicant’s plan shows a flat, painted island, Planning and Development staff has consulted with the North Carolina Department of Transportation (NCDOT) regarding their minimum design and permitting requirements for the entrance. NCDOT has stated that a raised island is required. According to NCDOT this raised traffic control island will not impact future plans for a signal at Bonnett 16 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Street. The applicant must provide a detail of the raised island and revise the site plan to show the raised island per NCDOT’s specifications. 'Planning Board recommendation: The Planning Board members discussed the attached proposal at their regular meeting of August 17, 2004. Most of their brief discussion focused on resolution of the front entrance configuration. The Planning Board requested that the review of the entrance include consideration of the future Bonnett Street intersection signalization and the overall traffic demands in this vicinity. The Planning Board members voted 6 to 0 to recommend that the site plan be approved provided the entrance issue is resolved prior to the Board of Commissioners’ review. 'Staff Recommendation: Planning and Development staff recommends approval of the Greenlee commercial building site plan as presented 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.” Ms. Gallop noted that the building’s design exceeded the Town's architectural standards. MOTION: Comr. Sadler made a motion to approve the Greenlee Retail/Office Building site plan with the following condition as listed: Prior to any land disturbance, the final entrance configuration shall be approved in writing by NCDOT, the Town Engineer, and the Public Safety Department. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Muller was absent.). NEW BUSINESS Designation of voting delegate for NCLM Annual Business Meeting MOTION: Mayor Pro Tem Murray made a motion to nominate Mayor Muller as the voting delegate to the 2004 NCLM Annual Business Meeting in October 2004. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Muller was absent.). ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY Town Attorney Ike McRee - Nags Head Construction lawsuit Town Attorney Ike McRee stated that a report has not yet been received from the District Court concerning the Town's request for dismissal of the Nags Head Construction large structure ordinance lawsuit. 17 DRAFT Nags Head Board Meeting Minutes September 1, 2004 ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER Town Manager Fuller - Presentation of Town Annual Report Town Manager Fuller provided a PowerPoint presentation of the Town's Annual Report for FY 03/04. Mayor Pro Tem Murray thanked Town Manager Fuller and staff for all their efforts during the past year. Comr. Gray said that the Town is fortunate to have the employees it has; he said that people tend to take a lot for granted in the Town. Concerning the Recreation Park, Town Manager Fuller said that Dare County is doing the site work. The site has been cleared and major site work is about to begin. Comr. Oakes said that the most important asset is the people that work for the Town. A copy of the Town's Annual Report is on file in the Town Clerk's Office. RECESS FOR LUNCH The Board recessed for lunch at 12:19 p.m. RECONVENE FROM LUNCH The Board reconvened from lunch at 1:30 p.m. Town Manager Fuller - Consideration of Pay and Classification proposals Deputy Town Manager Rhonda Sommer summarized her memo dated August 24, 2004, which read in part as follows: “The informal bid opening for consultant proposals for the pay and classification study and for the staffing study for the Water Distribution division was held on July 30, 2004. There were six qualified bids received this year out of the 13 requests for bids which were distributed. ‘The details of the six responses are summarized below. The low bidder was The Archer Company at $12,400. The second low bid was from Springsted at $19,540, and the third low bid was from Condrey & Associates at $24,500. ‘The selection of a consultant is an important decision. Since this is a personal service, cost alone is not the deciding factor. The amount of time committed to the project as well as the effort made within the proposal should be considered. Based on the latter, staff has concerns about the completeness of the proposal submitted by The Archer Company. ‘Staff will gladly work with whichever firm is selected. 18 DRAFT Nags Head Board Meeting Minutes September 1, 2004 ‘Town staff is available to answer any questions you may have about this agenda item. ‘Results of the informal bids: ‘The Archer Company Springsted Condrey & Associates The Mercer Group MGT of America The Segal Group $12,400 $19,540 ($16,540 plus expenses up to $3,000) $24,500 $26,475 $27,500 $55,000” Comr. Oakes feels the expertise can be found in-house to take care of this study; he trusts staff to be unbiased in their recommendations. He would rather use internal resources to save funds. Comr. Sadler did not agree with Comr. Oakes and stated that she feels a classification and salary study should be done by an outside source; she feels it is an objective study that needs to be done by a company well-versed in the expertise needed. MOTION: Mayor Pro Tem Murray made a motion to authorize staff to enter into an agreement with the Springsted/NCLM consulting firm, as recommended by staff, for the Pay/Classification study. The motion was seconded by Comr. Sadler. Comr. Oakes said that employees are very valuable and he does not want to depend too much on consultants. CONTINUATION OF MOTION: The motion passed 3 - 1 - 0 with Comr. Oakes casting the NO vote (Mayor Muller was absent.). Town Manager Fuller - Request for Closed Session Town Manager Fuller requested a brief Closed Session to discuss a personnel item. MAYOR’S AGENDA Mayor Pro Tem Murray - Discussion of Board Retreat on Wednesday, September 29, 2004 Mayor Muller's memo dated August 25, 2004, was presented to the Board and read in part as follows: “The BOC has scheduled a retreat for Wednesday, September 29th. I have engaged Pat LaCarter and Lalla Sidbury, the same facilitators we have used for the past several retreats. I would like to propose the following agenda for the one-day retreat: This agenda assumes that only the Mayor, Commissioners and Manager will attend. The current plan is to hold another one day retreat with staff early next year to discuss budget and priority issues. ‘8:30 Introductions 19 DRAFT Nags Head Board Meeting Minutes September 1, 2004 8:45 9:00 10:00 10:45 11:00 12 noon 1:00 2:30 4:15 4:30 Objectives for Retreat Review of Roles and Expectations for BOC, Mayor and Manager Review of Vision Statement Break Review 2003 and 2004 Retreat Priorities Lunch Priority setting for 2004-2005 Special Topics (Stormwater Plan and Stormwater Utility Fee) Wrap up and Critique Adjourn ‘While this is a fairly full agenda, I believe we can accomplish it since we have last January’s work to build on. I also believe that the BOC is already focused on 2 or 3 items (Stormwater, Septic Health, Beach Nourishment). ‘This agenda is a draft and I am seeking input from the BOC as to what you feel would be most helpful for the BOC. I have not scheduled an extended session on board relationships or issues like the length of meetings. If you think this is important we can rearrange the schedule. ‘Finally, since I expect that this will serve as our mid-month meeting there is one other issue that needs to be addressed. Does the BOC want to tape and televise the retreat. This may provide insurmountable technical difficulties and may also change the dynamic of the retreat. Please let me know your thoughts, I will try to have answers for the technical questions at the September 1st BOC meeting.” Comr. Sadler said that she does not feel taping of the retreat is necessary. Comr. Sadler expressed her concern about policy being set from retreat actions. She would like the retreat to be a workshop and to not adjourn from a regular meeting to a retreat. She feels setting Town policy should be done in the Board Room in front of the cameras. Comr. Gray agreed with Comr. Sadler that the retreat should be the place for a workshop. Comr. Oakes disagreed with Comr. Gray; he said that the Board reached a consensus, although no formal vote was taken, on several issues during the one retreat he attended. Mayor Pro Tem Murray summarized that it was the consensus of the Board that the retreat not be televised and to keep the existing facilitators. Mayor Pro Tem Murray noted that the Retreat/Workshop agenda will probably include Town policy review; he asked the Town Clerk to verify that the Mayor has the minutes from the last retreat. Comr. Sadler confirmed with Mayor Pro Tem Murray that there will not be a September 15, 2004, midmonth meeting. Mayor Pro Tem Murray - Update on Hurricane Frances Mayor Pro Tem Murray asked Chief Cameron to provide an update on Hurricane Frances. 20 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Chief Cameron reported that Hurricane Frances, a very strong Category 4 hurricane, is expected to make landfall somewhere in the United States and the predominant projected tract right now is for it to make landfall in Florida. He reported that Town Staff is ready and will put forth the required efforts as necessary. Mayor Pro Tem Murray stated that when today's Board meeting is aired on Friday and Saturday, much more information will be available than what was reported today on Hurricane Frances. He wished those well who are wherever Hurricane Frances makes landfall. Mayor Pro Tem Murray - Trash pick-up 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 in Town this week helping with trash pick-up and will finish tomorrow, Thursday, September 2, 2004. Mayor Pro Tem Murray - Videotaping Board Meetings 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 Bob Boyer and Perry White from Boyer Video who tape all Board of Commissioners meetings as well as other events for the Town upon request. Mayor Pro Tem Murray introduced Bob Boyer who lives in Frisco and is a 20-year NBC camera crew veteran; he introduced Perry White who lives in Nags Head and is also a retired NBC broadcasting veteran. Board members thanked Mr. Boyer and Mr. White for the excellent service they provide the Board and the Town. Mayor Pro Tem Murray - Proposed west side bike path Mayor Pro Tem Murray asked Town Manager Fuller to update the Board on the grant requests for the proposed west side bike path. Town Manager Fuller explained that the Board directed staff to pursue grant requests for the proposed west side bike path and to discuss with NC DOT about other monies that may be available to establish the path. He asked the Board for direction, i.e., he does not want to pursue a grant unless the Board is confident it will be accepted. Comr. Sadler confirmed with Town Manager Fuller that grant funds would need to be returned if the grant application, such as the location of the proposed path, is modified. 21 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Comr. Gray suggested stopping the grant process at this time because of the public safety issues with the proposed path. Comr. Sadler said that she does not want to move forward with the proposed path at this time due to the opposition expressed today during Audience Response. She suggested that a committee meet and come up with an alternate proposal; she does not want to do anything that would adversely impact several communities. Comr. Oakes feels the west side path grant process should continue but he is in favor of keeping options open. It was Board consensus that Mayor Pro Tem Murray discuss with Mayor Muller appointments to a committee that would meet within the next seven (7) to 10 days to discuss location(s) for a proposed west side bike path. Committee members are to be appointed from members of the Citizens Advisory Committee, from any interested residents and should include two (2) Commissioners. Planning Director Tim Wilson is to research when the grant applications are to be submitted to NCDOT and the Tourism Board for the path. Comr. Sadler suggested that the meeting/workshop be scheduled in the evening to enable more people to attend. BOARD OF COMMISSIONERS AGENDA Comr. Oakes - Big Clean-up Sweep Comr. Oakes thanked Dave Masters for providing him a copy of a recent Coastland Times editorial concerning litter. He 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. Deputy Public Works Director Ralph Barile explained that the participants pick up the trash bags at Town Hall and Town staff pick up the litter bags at local beach accesses rather than requiring the bags to be dropped off back at Town Hall. In addition staff assists in any other way needed during the event. Comr. Sadler - Stormwater Drainage Workshop Comr. Sadler reported that a stormwater drainage workshop was conducted by Sen. Basnight on Monday, August 30, 2004, at the Kitty Hawk Town Hall. Comr. Sadler said that she believes that a lot of good will come from the workshop. Mayor Pro Tem Murray said that he agreed with Sen. Basnight who suggested a regional approach for a solution to stormwater drainage. 22 DRAFT Nags Head Board Meeting Minutes September 1, 2004 Comr. Sadler - Beach Nourishment 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. She noted that the Chamber of Commerce, the Association of Realtors and the Hotel/Motel Association have taken a stand in support of the one (1) cent sales tax to be used for beach nourishment. Comr. Gray - Veterans Memorial Comr. Gray reported that the Veterans Memorial plaque has been completed and includes the inscription and the six (6) military seals. He stated that the Veterans Memorial Committee is planning on meeting next Tuesday, September 7, 2004. It was Board consensus that the Committee determine the date/details of the dedication ceremony for the plaque. Deputy Public Works Director Ralph Barile noted that the Festival of Thanksgiving is in November and that may be a time to consider the unveiling of the plaque if Veterans Day, November 11, is not used. Mr. Barile suggested that the plaque be installed approximately one (1) week prior to its unveiling/dedication. Comr. Gray stated that public notice of the dedication of the Memorial will be provided in the newspapers, web site, etc. Town Manager Fuller - Proposed west side bike path grants Town Manager Fuller reported that the grant for NC DOT for the proposed west side bike path has already been submitted. The grant from the Dare County Tourist Bureau is due for submission by the end of September 2004. ADJOURNMENT MOTION: Comr. Sadler made 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 motion was seconded by Mayor Pro Tem Murray which passed 4 - 0 (Mayor Muller was absent.). The time was 2:50 p.m. 23 DRAFT Nags Head Board Meeting Minutes September 1, 2004 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. _______________________________ Carolyn F. Morris, Town Clerk Approved: ___________________________ Mayor: ___________________________ Robert W. Muller 24