TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
November 6, 2002
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, November 6, 2002.
COMRS PRESENT:
Mayor Robert Muller; Mayor Pro Tem George Farah III;
Comr. Doug Remaley; Comr. Brant Murray; and Comr. Anna Sadler
COMRS ABSENT:
None
OTHERS PRESENT:
Deputy Town Manager Rhonda Sommer; Town Attorney Ike McRee; Roberta
Thuman; Tim Wilson; Bruce Bortz; Charlie Cameron; Butch Osborne; Dave
Clark; Jim Northrup; John Richeson; Eddie Curry; Ralph Barile; Sandy Barile;
William Clough; Marion Clough; Berta Marynary; Dorothy McManus; Jane
Whitley; Jim Whitley; Dick Campbell; Geri McManus; Kathy Kirkley; Bob Smith;
Jim Geraghty; Warren Judge; Ginny Nolan; Renée Cahoon; Jay Overton; John
DeLucia; Dru Ferrence; Jackie Koch; Chuck Blazek; Ann McCahan; Pat Murphy;
Al Hibbs; Pogie Worsley; H. D. Houck; Sandra Houck; Cliff Perry; George
Moore; Patricia Moore; Jeanne Kramer; Linda Mullen; Ronald Matason; Jacques
Riwamont; Rich Riwamont; Lois Hatfield; Albert Hatfield; Jim Montgomery;
Fran Montgomery; Don Iverson; Jeff Scott; Dale Bark; Pete Kinsella; Perry
White; Lou Corleto; Ruth Cheille; Bob Edwards; Bob Koch; Margie Sawyer;
Gene Sawyer; Harry Thompson; Barbara Thompson; Don Bailey; Patricia
Mansfield; Bernard Minter; Bill Freehling; Michelle Wagner; Matt Artz; and
Town Clerk Carolyn Morris
Mayor Muller called the meeting to order at 9:00 a.m. A moment of silent meditation was followed
by the Pledge of Allegiance to the United States flag.
AUDIENCE RESPONSE
No one spoke during Audience Response.
RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE
On behalf of the Board, Mayor Muller congratulated Buildings and Grounds Supervisor Ralph Barile on
20 years of service with the town and presented him with a Certificate of Appreciation Plaque and tie
tac inscribed with the town emblem.
On behalf of the Board, Mayor Muller congratulated Sanitation Supervisor Eddie Curry for three (3)
years of service with the town and presented him with a Cross pen with emblem.
Nags Head Board Meeting Minutes
November 6, 2002
CONSENT AGENDA
The Consent Agenda consisted of the following items:
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-
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Consideration of Budget Adjustment #5 to FY 02/03 Budget
Consideration of Tax Adjustment Report
Consideration of Consolidated Fee Schedule amendment and Town Code Section 21-30
amendment for revised water rates and schedule - with an effective date of January 1, 2003
– from October 16, 2002, Board meeting
Consideration of Consolidated Fee Schedule amendments for departmental updates and the
addition of BOC meeting videotape copying fee
Consideration of Amended Plan Document for Flex Plan
Request for PUBLIC HEARING to consider proposed amendments to Article VI General
Provisions and Section 22-402 Application of Buffering Requirements of the Town Code
pertaining to residential above-ground septic system buffering
Request for PUBLIC HEARING to consider proposed amendments to Section 22-153 Definition
of Specific Words and Terms, Section 22-251 Off-Street Parking and Loading Requirements,
Section 22-305 CR Commercial Residential District, and Section 22-307 C-2 General
Commercial District of the Town Code pertaining to Boarding House and Rooming House
Request for PUBLIC HEARING to consider proposed amendments to Section 22-153 Definition
of Specific Words and Terms of the Town Code amending the definition of Family
Request for PUBLIC HEARING to consider proposed amendments to Article III Application of
Regulations, Section 22-153 Definition of Specific Words and Terms, Section 22-302 R-1 Low
Density Residential District, Section 22-303 R-2 Medium Density Residential District, Section
22-304 R-3 High Density Residential District, Section 22-305 CR Commercial Residential
District, Section 22-306, Neighborhood Commercial, Section 22-307 C-2 General Commercial
District, Section 22-308 C-4 Village Commercial District, Section 22-351 SPC-20 Special
Planned Development District, Section 22-352 SED-80 Special Environmental District, Section
22-353 C-3 Commercial Services District, Section 22-835 Detached Single Family, and Section
22-836 Attached Single Family of the Town Code pertaining to height and habitable floors
Request for PUBLIC HEARING to consider proposed amendments to Article V Nonconformities
of the Town Code pertaining to Large Residential Dwellings
Request for PUBLIC HEARING to consider proposed amendments to Article X Administration of
the Town Code pertaining to Administrative Officials and Required Zoning Permit, and to
additionally consider establishing zoning permit fee(s) under the Consolidated Fee Schedule
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented.
motion was seconded by Mayor Pro Tem Farah.
The
Comr. Sadler requested clarification of the definition of “Family” in agenda item #11 (Request for
public hearing to consider proposed amendments to the Town Code amending the definition of
“Family”).
Planning Director Tim Wilson explained that definition of “family” is to be revised to include the
following: “no more than five (5) unrelated members”.
CONTINUATION OF MOTION: The motion passed unanimously.
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November 6, 2002
A copy of Budget Adjustment #5, 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 Administrative Services memo dated October 22, 2002, concerning the Consolidated Fee
Schedule and Town Code amendment for water billing, as approved, read in part as follows:
“Fee Schedule Water Usage
Minimum 0 – 3,000 gallons
3,001 – 20,000 gallons
20,001 – 75,000 gallons
75,001 – 300,000 gallons
300,001 plus gallons
Year Round Rate
$23.00 (3/4” meter)
$4.00/thousand gallons
$4.50/thousand gallons
$5.00/thousand gallons
$5.50/thousand gallons
‘Meter Size
¾”
1”
1 ½”
2”
3”
4”
6”
Minimum (no change)
$23.00
$35.00
$68.00
$129.00
$246.00
$401.00
$1,001.00
‘Cut-off Tag Fee
$50 (Renamed from Reconnection Fee)
‘Please also approve the change in ordinance language as follows:
‘Section 21-30 “Water billings shall be mailed on the tenth and twenty-fifth of each month or the
closest working day to these dates. Water service charges are immediately due and become past
due on the fifth and twentieth of the following month. After the expiration of the appropriate water
billing past due date, there shall be levied as a late payment fee an amount equal to ten (10) percent
of the principal amount of the bill. Forty (40) days after the billing date of the water billing, water
services may be cut off for nonpayment, without further notice. Even when service is cut off, water
customers retain the liability for the minimum charge for each billing period the service is
discontinued. Payment of water bills may be enforced as provided in 160A-314 of the General
Statutes.”
‘Board action requested: It is requested that the Board adopt the revised Consolidated Fee Schedule
for water services as presented above as well as the revised language for utilities billing as shown in
the attached ordinance.
‘Staff is available for any questions you may have.”
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November 6, 2002
The Town Clerk’s memo dated October 24, 2002, concerning the Consolidated Fee Schedule
amendment for several housekeeping items, as approved, read in part as follows:
“Request Board approval of the following amendments to the Town Consolidated Fee Schedule:
‘Planning Division – the legend for New Construction should be “per square feet” – there is currently
none specified.
‘Administrative Services – modify tax rate from “.358” to “.378” as adopted by the Board in Budget
Ordinance.
‘Administration – To accommodate requests staff is starting to see more frequently, include a fee of
$25 to duplicate Board of Commissioners meeting videotapes. This task will include staff member
taking tape to local business to copying.
‘Please find attached appropriate pages from the town’s Consolidated Fee Schedule.”
The amended Plan Document for Flex Plan, as approved, is on file in the Town Clerk’s Office.
PUBLIC HEARINGS
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO SECTION 22-153
DEFINITIONS OF SPECIFIC WORDS AND TERMS, SECTION 22-302 R-1 LOW DENSITY
RESIDENTIAL DISTRICT, SECTION 22-303 R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT, SECTION 22-304 R-3 HIGH DENSITY RESIDENTIAL DISTRICT, SECTION 22305 CR COMMERCIAL RESIDENTIAL DISTRICT, SECTION 22-306 C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT, SECTION 22-307 C-2 GENERAL COMMERCIAL DISTRICT,
SECTION 22-308 C-4 VILLAGE COMMERCIAL DISTRICT, SECTION 22-351 SPD-20
SPECIAL PLANNED DEVELOPMENT DISTRICT, SECTION 22-352 SED-80 SPECIAL
ENVIRONMENTAL DISTRICT, SECTION 22-355 OCEAN AND SOUND WATERS DISTRICT,
SECTION 22-835 DETACHED SINGLE-FAMILY DISTRICT, SECTION 22-836 DETACHED
SINGLE-FAMILY DISTRICT, SECTION 22-837 MULTI-FAMILY DISTRICT, SECTION 22-838
TOWNHOUSE I DISTRICT, AND THE CREATION OF SECTION 22-357 LARGE RESIDENTIAL
DWELLING OVERLAY ZONING DISTRICT OF THE TOWN CODE PERTAINING TO
DEVELOPMENT STANDARDS FOR RESIDENTIAL DWELLINGS
Planning Director Tim Wilson summarized the Planning Board and Planning and Development staff
memo dated October 29, 2002, which read in part as follows:
“At the February Board of Commissioners meeting numerous citizens expressed to the Board of
Commissioners their concern regarding the parking standards adopted by the Town on January 3,
2002. As a result of those comments, the Town established a Parking Committee to review the newly
adopted standards and to recommend changes to the parking provisions for single family and duplex
houses. The Parking Committee was composed of Mayor Pro Tem George Farah, Chairman,
Commissioner Brant Murray, Mr. Bob Oaks, Mr. Pogie Worsley, Ms. Megan Vaughan and Mr. Robert
Edwards. On April 3rd the Committee was re-designated by the Board of Commissioners as the Large
Structure Committee. The charge of the Committee as set forth at the April 3rd BOC meeting was: It
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November 6, 2002
was Board consensus that the Committee’s charge be expanded to bring back for Board review a
consensus, if possible, on the limits on the size of houses, how size is defined, and aesthetics to
encourage (or require) Nags Head style architectural design. On June 5th, the Board of Commissioners
enacted a moratorium on accepting development plans for houses over eight bedrooms and for
duplexes with a combined total of 12 bedrooms. The moratorium shall be in full force and effect
through the Board of Commissioners first meeting in December 2002.
‘The Large Structure Committee met April 16, April 30, May 21, June 11, June 18, July 11, August 1,
August 22, August 29, and September 12. At the September 12 meeting the Committee reviewed and
revised the attached ordinance. Some of the highlights of the attached draft are:
‘1. Establishes two categories of Large Residential Dwelling (LRD) based on the number of bedrooms

Large Residential Dwelling #1 is a residential dwelling containing seven to eight bedrooms

Large Residential Dwelling #2 is a residential dwelling either containing nine to 12 bedrooms or
has a total enclosed habitable floor area not to exceed 8,000 square feet.
‘2. The proposal establishes a maximum of habitable square footage of 8,000 square feet for either a
single family or duplex structure.
‘3. Establishes an “Overlay Zoning District”. Within this district Large Residential Dwellings are
allowed. The District comprises the area east of US 158, both sides of NC 1243 (South Old
Oregon Inlet Road) and SED 80
‘4. Large Residential Dwellings must be sited on a lot that meets the minimum dimensional
requirements for the underlying zoning district.
‘5. The draft ordinance requires that proposed Large Residential Dwellings meet a number of
architectural and fire safety standards.
‘6. Detached single family dwellings containing four (4) to six (6) bedrooms must also meet a
number of architectural standards.
‘7. Large Residential Dwellings within the Village at Nags Head will need to meet a number of
fire/safety requirements.
‘Planning Board Recommendation:
‘The Planning Board met on September 17, 2002 and voted four to two to recommend approval to
the Board of Commissioners with the following two conditions: (1) the Planning Boards recommends
the minimum size lot size for Large Residential Dwellings be at least 15,000 square feet. The
Committees proposal recommends that the minimum lot sizes for Large Residential Dwellings should
be the minimum conforming lot size for the underlying Zoning District. The second recommendation
is that the reporting requirement for owners of innovative septic system be deleted. This provision
requires the homeowner to send a copy of the semiannual inspection report for innovative septic
systems to the Town. While the Planning Board recommended approval, they also expressed
additional concerns regarding the proposal.
‘On September 25th the Large Structure Committee met and discussed some of the concerns
expressed by the Planning Board. As a result of that discussion, the Large Structure Committee
requested the following changes to the proposal based upon comments raised by the Planning Board
and by additional input from the Committee members:
1. Horizontal porch railing. The Committee revised the proposal to delete the requirements for
horizontal railing as they could represent a safety hazard to children who may use them as a ladder.
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2. Exterior coverings. The Committee added brick and stone as acceptable exterior coverings.
3. The Committee deleted the requirement that at least one cupola or widows walk should be
required to accent the roof line.
4. Dormers and gabled roofs. The Committee further specified the requirement for roof dormers as
being at least one wall dormer or a minimum of two gabled or hipped dormers.
‘Planning Staff Recommendation:
Planning staff recommends the adoption of the proposed amendments as presented and revised by
the Large Structure Committee.”
Mayor Muller thanked the members of the Large Structure Committee for their efforts; he stated
further that the proposed ordinance is not a permissive ordinance but a restrictive ordinance. The
Board has already adopted increased parking standards to help address the large structure impacts.
He thanked all those who came to today’s meeting.
Mayor Muller directed the clerk to include the emails and correspondence that have been received by
the Board concerning this issue to be made a part of the minutes of today’s meeting.
Mayor Muller recognized Dare County Board of Commissioners Chairman Warren Judge and former
Nags Head Mayor and Dare County Commissioner Renée Cahoon in the audience.
Mayor Muller announced the public hearing open at 9:20 a.m.
Jeanne Acree; Nags Head resident; stated that the ordinance’s fire safety requirements mimic those
for hotels – she noted that it was recognized by the authors of the ordinance that they were dealing
with commercial property; instead of identifying the properties as commercial, an “overlay district”
was created; she asked the Board to extend the existing moratorium and to come back in several
months with an appropriate ordinance; the town’s real image is the ocean, Jockey’s Ridge, and most
of all the people.
Dru Ferrence; Nags Head resident; thanked the Board for holding a public forum on this issue and
she thanked Comr. Sadler who suggested the moratorium originally and she thanked Harry
Thompson; she agreed with Ms. Acree’s comments; she does not want rental properties to keep
getting larger; everyone is the stewards of the paradise in Nags Head and no one wants it paved.
Ann McCahan; Nags Head resident; spoke about the development standards proposed by the Large
Structure Committee concerning the overlay district; when a small community is arbitrarily divided for
whatever reason, it risks destroying the cohesive unit which works together; sexually oriented
businesses were protested along with other issues; the limit for the moratorium was eight (8)
bedrooms; at the September 17th meeting, the requirement was deleted to require semi-annual septic
system inspections; visitors who come here rarely ask for eight (8) or more bedroom-homes – they
usually ask for three (3) side-by-side houses with five (5) – six (6) bedrooms each; one of the large
houses is not cost effective with respect to cleaning, etc.; she read from Coastland Times October
10th issue that boarding/rooming houses is another problem in the town that needs to be addressed;
she suggested that the Board enact a ban on any house over eight (8) bedrooms, reinstate septic
system monitoring, and investigate boarding/rooming houses.
Chuck Blazek, Nags Head resident; he does not support the recommendations of the Large
Structure Committee; feels the Board ought to address the real concerns such as traffic, water
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November 6, 2002
supply, septic, parking, beach accesses, public safety, the eroding of the Nags Head image; feels the
proposal does not address the residents’ concerns regarding mini-hotels but does provide
realtors/developers with all they want; he does not agree with geographic districting; feels the lots in
South Nags Head are too small for the large dwellings to be built; he proposes that the moratorium
be extended for an additional 90 days and for residents to be assigned to a working group to address
the concerns of the citizens and for everyone to work together to come up with a solution that is best
for both Nags Head residents and visitors.
Bob Edwards; Nags Head resident; he was a member of the Large Structure Committee and joined
as a citizen member; he is interested in the quality of life in Nags Head but understands the need to
protect the business sector also; he supports the ordinance as submitted; as a private citizen he did
not get everything he wanted and neither did the developers/builders; feels this is a first step to
keeping Nags Head a place we all love and love to live; he provided some detail of the process the
Committee undertook to develop the ordinance; they looked at aesthetics, safety, environmental
factors; and safety standards; they came up with 12 bedrooms maximum because on conforming
lots, a 12 bedroom house could be reasonably built without overshadowing the existing homes so it
would fit in with the community and with the way Nags Head should look; conforming lots is a key
issue because they should not be built on small narrow lots and the ordinance protects surrounding
houses; the fragile environment has to be protected and the ordinance protects vegetation;
concerning the overlay district – the Committee looked at current uses in Nags Head and east of the
highway is primarily a rental area; the Committee did not feel that houses up to 12 bedrooms would
necessarily be detrimental to Nags Head; he recommends approval of the ordinance as submitted and
feels this is the first step in Nags Head moving forward and being developed the way it should be
developed.
Tom Burke; Nags Head resident; thanked the Board for making sure the town is intelligently
developed; he is not really for or against large structures; everyone has to make some concessions to
attractively develop Nags Head; his first concern is the impact of septic systems on the environment
and complimented the town for its septic health initiative program; another concern is flooding as
there is more concrete and less sand; he praised the town for the multi-use path; he sees
development on the Beach Road and encourages alternatives by using natural grasses and sea oats,
etc. to allow for more drainage; another concern is parking which he feels is a problem guaranteed to
get worse; most large houses do not have enough parking; the beach accesses are full frequently in
the summer; he wants to bring a solution and not just a problem to the Board and he would
recommend the following: develop a logical, comprehensive plan for on-street parking without
jeopardizing safety to include an increase of beach access parking to include west side parking; there
should be some way to inform people where they should not park; he is concerned about water
quality through drainfields and septic tanks; feels the town should also explore funding options that
may be available through Federal agencies, State agencies, and the Dare County Tourist Bureau.
Patricia Moore; Nags Head resident; she concurred with comments made by the first three (3)
speakers.
Linda Mullen; Nags Head property owner; took time off work to be here today; feels that the
direction the town is going in is not targeting the average family; she only knew about this issue from
Harry Thompson – public hearing notice was not included under public notices on the town’s web
site; she read from the Outer Banks Sentinel how the Town of Duck surveyed their citizens and held a
public hearing on a Saturday morning; she displayed several photos including a 16-bedroom rental
machine and an article from National Geographic Traveler in which the author did not write favorably
about all the construction taking place in Nags Head.
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Ron Matason; Nags Head property owner; appreciates the opinions from other speakers;
appreciates responses back from the Commissioners and hopes to attend more meetings; he is
concerned about the environment and the quality of life; he chose to purchase in Nags Head several
years ago and has not seen any negative impacts from owning in a rental area; larger houses are
what renters want; the National Geographic Traveler article was not very complimentary about Nags
Head; he read from article in magazine entitled “Sprawling on the Sand” – which was also not very
complimentary to Nags Head; issues focus on how to create a better environment to live in and draw
people to visit and spend their money; he would like residents to be surveyed and not leave the
recommendation up to a small committee; he is concerned about the large structure at milepost 19½
and feels sorry for those that live near the house.
Norm Chase; Nags Head property owner; he owns several rental homes in South Nags Head; there
is a wide spectrum that needs to be preserved; he agreed to serve on the Citizens Advisory
Committee and would like to think that he is a preserver of the town’s assets; concerning large
structures, he believes that the single-family 12 bedroom home in South Nags Head is a prostitution
of the single-family concept; the large structure at milepost 19½ can be described as an eyesore - it
appears to not be a neighbor-friendly house and it appears completely out of place; he questions the
value of holding another public hearing and feels that the Board has historic opportunity to make a
difference today; he asked the Board to limit the number of bedrooms to eight (8) and to extend the
existing moratorium if necessary.
Cliff Perry; Nags Head property owner; most of his comments have been covered by previous
speakers; his family has owned property on the Outer Banks since the 1930’s; rental needs were
covered years ago by hotels/motels; in early 1990’s traffic was so bad in Southern Shores that he was
unable to get out of his driveway and did not like the transformation of that area that he purchased
in South Nags Head which was a single-family residential area; now the issues concern cars parking
everywhere and large rental machines which are nothing more than mini-motels; S. Old Oregon Inlet
Road is dangerous at night and is especially hazardous during inclement weather; everyone that
comes to visit him talks about the 16-bedroom house they pass; the noise and the other impacts
caused by the large houses is changing the character of South Nags Head.
Camille Lawrence; Nags Head resident; bigger problems with trespassing onto her oceanfront
property; larger structures cause parking issues and many use First Colony Inn for parking; feels the
need to look at six (6) bedrooms as the absolute maximum.
Mark Martin; president of the Outer Banks Homebuilders Association; the large houses make up
only a small number of the homes being built yet consume so much time; his issues with the
ordinance as written concern the fire safety regulations which are not addressed in the building code
so they are not enforceable; in addition he does not feel the square footage limit is enforceable; most
building is for retired couples and not the huge structures being discussed but he agrees there should
be guidelines; feels the Board should make sure the ordinance is enforceable; he does a lot of
renovation work and the proposed ordinances do not tell him when the standards kick in – he feels
the ordinance needs to be more understandable; he would support a moratorium extension if the
details of the ordinance are further reviewed.
Jim Geraghty; Nags Head property owner and member of Outer Banks Homebuilders Association;
agrees with Mark Martin; thinks the town needs to look into architectural standards and give more
incentives to 6 – 8 bedroom houses rather than prohibiting large houses; feels the committee should
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be called “Code Review Committee” rather than “Large Structure Committee”; water tap fees also
need to be addressed.
Jim Lauer; pastor Grace Lutheran Church and Nags Head resident; the locals on the west side are
disenfranchised and dissected from oceanfront community and tourists which is not fair; he lives on a
high lot near milepost 13.5 and his view to the east has disappeared; people over the years have
paid more for higher lots because of the view; he also questioned why emergency vehicle sirens
would start at 5:30 a.m. at Outer Banks Hospital with no other vehicles on the bypass; many
amenities of the city are creeping into the Outer Banks and his reasons for retiring here are
disappearing; if Board members listen to entrepreneurs and not to the locals, they may not be
elected next time; most visitors to his church stay in no more than eight (8) bedroom houses; first
order of business for the Board is to consider the voters.
Harry Thompson; Nags Head resident; referred to the proposed ordinance which resulted from 11
meetings of the Large Structure Committee which was appointed by this Board; Committee bought
into overlay district since it created freedom to buy into new regulations; he has reviewed the
ordinance and found that regular size houses (4 – 6 bedroom homes) must also meet specific
standards; after Committee bought into the overlay district, their logical was fatally flawed with
residential on one side and rental on the other; the overlay district members do not appreciate being
considered less important residents of the town and he is appalled that such a divisive plan would
even be considered; he urged the Board to reject the ordinance, lift the moratorium, and to amend
the single-family ordinance to permit, town-wide, houses up to eight (8) bedrooms or extend the
moratorium while sending out a mailing surveying all property owners which is what the town of
Duck did.
Pogie Worsley; Nags Head resident; was on the Large Structure Committee; the Committee worked
at a fast pace and not all the issues were thoroughly reviewed; new parking and lot coverage
standards are in place but have not yet been tested; incentive went from “incentive” to “jam down
the throat”; public safety was a key issue; feels the Committee should continue and the moratorium
should be extended in order to review the entire picture again; Committee also needs to look at redevelopment – renovation of homes.
Dave Masters; Nags Head resident; chose to live here because his family enjoyed vacationing here;
he is not certain that they made the right decision; he feels if Board meetings had this kind of
attendance in the past the town would not be in this situation today; feels the town is starting to look
like Myrtle Beach and forcing out all the mom and pop stores; it is the people keeping him here and
not the location; feels that eight (8) bedroom houses are too large – should be no more than seven
(7) bedrooms; large houses should have the same regulations applied as a hotel/motel; fire
equipment is not able to reach all areas of a 12-bedroom house; feels the ordinance needs to be
looked at in detail with a year-long moratorium; he does not like what is happening to the town now.
Peter Kinsella; he is a Nags Head resident five (5) months out of the year; there are a lot of local
issues concerning affordable housing, etc. which are similar to Key West, Florida issues; if the town
continues to allow the super structures to be built, it will change the entire character of the town; he
agrees that this should be town-wide not in an overlay district; he likes no more than eight (8)
bedroom structures; suggests an extension of the moratorium.
Al Hibbs; Nags Head resident for the past 22 years; his view of the ocean was gone years ago
mostly because of the large structures that have been allowed to be constructed along the
oceanfront; feels these are houses and not homes because no normal family would live in that kind of
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a house on a permanent basis; these large structures were built for renters only; the houses do not
have any kind of warmth; they go against the Vision Statement of Nags Head as well as the town’s
Land Use Plan; if the town continues on its current course, then these documents have no meaning;
he asked the Board to not be blinded by the blizzard of green or the ocean of heavy-hitting
entrepreneurs; he has served on the Board of Adjustment for many years and that board’s keystone
of land use is “reasonable use and substantial justice”; he questioned where “reasonable” ends and
“unreasonable” begins; feels that 100% of the issue is money; the governing body needs to look at
the views of the majority of the people and act accordingly.
Perry White; Nags Head resident; he would like additional comments that are forwarded during the
next 15 days concerning this issue to become part of this public hearing record.
There being no one else present who wished to speak, Mayor Muller announced the public hearing
closed at 11:30 a.m.
It was Board consensus to extend the public hearing comment period and to make a part of the
Board minutes all correspondence received concerning this issue through the next 15 days.
Comments received are attached to and made a part of these minutes as shown in Addendum “C”.
Mayor Muller explained the methods the town takes to make information available to the public:
the agenda and all backup materials for each Board meeting are provided on the town’s web site the
Friday prior to the Board meeting; the Sunshine List which charges $10 per year, as required by State
Statute, sends all agendas and town public notices by email, fax, or direct mail as requested. In
addition, the town has a new email mailing list called Nags Head Broadcast which can be subscribed
from the town’s web site and forwards via email other information of interest such as road closings,
etc. He asked if anyone knew of other ways to solicit information, to please pass their ideas to the
town. He noted that the Government Access Channel will broadcast today’s Board meeting on Friday
and Saturday at 12:00 noon and 7:00 p.m. Tapes are available at Town Hall for a fee.
Comr. Murray thanked everyone for attending today; he was one of the members of the Large
Structure Committee. The relaxation of septic standards noted by one of the speakers was
interpreted incorrectly – the Dare County Health Dept. determines septic monitoring, not the town.
The National Geographic article noted indicates not much difference between towns which is why the
Committee focused on architectural standards for the large structures. Parking for beach accesses is
an issue in the town and will continue to be researched. He feels that the public needs to dismiss the
sentiment concerning the Large Structure Committee and greed/money; those that care about Nags
Head do not care about money. He asked staff to follow up on the comments concerning the
emergency vehicle siren policy; the oceanfront property trespassing policy is also being researched by
staff. He does not have a problem with extending the moratorium for additional research and
discussion and he does not have a problem with soliciting comments from all property owners
concerning this issue. He emphasized that this Board is very concerned about where Nags Head will
be in 20 years.
Comr. Sadler thanked everyone for attending today; she suggested that the town put on the town
broadcast email the dates of all future public hearings. She noted that it was the Duck Civic
Association and not the Town of Duck that conducted a survey; she would not be against a survey
conducted in the town. Comr. Sadler stated that people purchase property in Dare County for a
variety of reasons – she is seeing more retired couples purchase property here. She has no problem
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November 6, 2002
with extending the moratorium and feels that no decision can be made today. She feels that singlefamily dwellings this large are actually multiple single-family dwellings and create many negative
impacts. She heard enough concerns today make her realize she is not prepared to vote on the
proposed ordinance today.
Comr. Remaley thanked everyone for attending and speaking at the public hearing and said that he
learned a long time ago to listen to the people; he strongly supports what was said during today’s
public hearing.
Mayor Pro Tem Farah said that he did not feel the ordinance would be adopted today as written; he
feels that the Committee members would agree to continue working on the proposal; the Committee
worked fast because of a deadline and the ordinance provided today is a proposal to start with. It is
more than just the number of bedrooms that matters – some of the smaller houses the Committee
viewed were among the least attractive; he agreed to review the issue of an overlay district and
redraw the line to make the ordinance more of a town-wide issue, however, other factors will come
into play and will make the ordinance more restrictive.
Mayor Muller explained that the Board has taken the first step by identifying the problem and has
started to work on it; he does not understand why the Board is being accused of being radical treehuggers. He does not feel that the number of bedrooms are the answer. He asked each person to
write down the three (3) most offensive houses. The square beach box which is much less attractive
has less bedrooms; he questioned if eight (8) bedrooms is really the answer. He feels that a lot has
to do with the size of the lot; years ago there were longer lots so oceanfront houses could be moved
back instead of falling into the ocean; large structures may have been created when larger oceanfront
lots were required. He questioned if the town should go back to smaller oceanfront lots.
Comr. Sadler said that she is not in favor of an overlay district; the ordinance should be in effect
town-wide. She would like to see four (4) residents currently not on the Large Structure Committee
to be added. She noted the following issues of concern: 1) constructing commercial buildings in a
residential area, and 2) aesthetics and architectural standards. She feels that the moratorium and
the proposed ordinance was a combination of both of these issues and she is concerned that the
ordinance may not be enforceable.
It was Board consensus to make the following suggestions for the revised large structure
proposal: eliminate an overlay district and provide regulations town-wide; limit bedrooms to eight (8)
and review what that means in terms of occupancy; continue to review architectural incentives for
the design of houses that are below that maximum size; explore the size of lot and lot coverage
needed to reasonably handle a larger structure, i.e., what lot coverage is needed to allow a
substantially larger structure than an 8-bedroom structure; determine how best to provide
“reasonable use and substantial justice” to each property owner.
Mayor Muller pointed out that the Board does not want to intentionally do anything that may drive
property values down without careful consideration.
Comr. Sadler said that staff and the Large Structure Committee should also review what has already
been done to the property values of structures that are situated near the very large structures.
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Nags Head Board Meeting Minutes
November 6, 2002
MOTION: Mayor Pro Tem Farah made a motion to schedule a public hearing for the first Board
meeting in December 2002, to extend the large structure moratorium for six (6) months. The motion
was seconded by Comr. Murray which passed unanimously.
ADJOURN FOR LUNCH
The Board adjourned for lunch at 12:30 p.m.
RECONVENE FROM LUNCH
The Board reconvened from lunch at 1:35 p.m.
REPORT FROM FESTIVAL OF THANKSGIVING COMMITTEE
Comr. Sadler introduced Festival of Thanksgiving Committee chair Dwight Gregory.
Mr. Gregory reviewed the Festival Schedule and reported that things are on track and pretty close to
the budgeted amounts. He explained that there are a couple of additional items this year such as the
Youth Community Service Award presentation during the Opening Ceremony. He has received
excellent cooperation from citizens but can use additional volunteers.
Board members thanked Chair Dwight Gregory and all the Festival volunteers. Comr. Sadler
commended the Committee and said that the Committee worked hard with a small number of people.
APPROVAL OF MINUTES
MOTION: Comr. Remaley made a motion to approve the October 2, 2002, Regular Session and the
October 16, 2002, Adjourned Regular Session minutes as presented. The motion was seconded by
Comr. Sadler which passed unanimously.
OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS
CONSIDERATION OF OFFER
SUBDIVISION, PHASE IV
OF
DEDICATION
OF
STREETS
IN
SOUTHRIDGE
Public Works Director Dave Clark summarized the Public Works memo dated October 29, 2002, which
read in part as follows:
“As of today, all items identified during Mark Cross’ inspection of the water system improvements
with John DeLucia, PE (Albemarle Engineering) and Leo Slone, of Basnight Construction, during the
first week in October have been corrected. On Monday, October 28, we received the as-built plans
and engineer’s certification for this project. Based on inspections by Town personnel and information
received from the project engineer, we can accept the water system improvements into the town’s
distribution system.
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Nags Head Board Meeting Minutes
November 6, 2002
‘Also, the streets in this section have been constructed in accordance with the approved plans and
the requested stabilization bond posted with Planning and Development. At this time, I recommend
that the streets be accepted by the Town.”
‘Public Works Director Dave Clark reported all punch list items completed doc rec’d by town water
and street system in section iv received and he recommends that the town accept both street and
water system improvements in the town system.”
MOTION: Mayor Pro Tem Farah made a motion to accept into the town system the Southridge
Subdivision Section IV streets and water system improvements. The motion was seconded by Comr.
Remaley which passed unanimously.
UPDATE ON BEACH NOURISHMENT PROJECTS
Deputy Town Manager Rhonda Sommer summarized Town Manager Fuller’s beach nourishment
memo in the Board’s FYI section of their packages; she explained that the examples referenced will
be provided to the Board later this week.
Town Manager Fuller’s memo dated October 29, 2002, read in part as follows:
“A sub-committee of the beach nourishment committee was tasked with developing a proposed
financing structure for the initial funding for the local share of the proposed Dare Beach Nourishment
Project.
‘The local share is estimated to be $7.2 million.
‘The sub-committee reviewed a literature search of financing schemes for beach nourishment projects
along the Atlantic and Pacific coasts. Primary review was in New Jersey, Florida and California. The
sub-committee also reviewed current state law that would affect our financing scheme.
‘The sub-committee then developed proposed zones based on the impact received from the
nourishment effort. Ultimately the sub-committee recommended the following zones:
‘Zone 1. The ocean front parcels that immediately abut the beach nourishment project extending
from the north end of the main fill to the southern end of the taper in each project area.
‘Zone 2. Parcels lying east of Virginia Dare Trail but which are not abutting the Atlantic ocean, from
the north end of the main fill to the southern end of the taper in each project area.
‘Zone 3. Parcels lying between Virginia Dare Trail and Croatan Highway from the north end of the
main fill to the southern end of the taper in each project area, parcels south of Whalebone junction
lying west of NCSR 1243 (Old Oregon Inlet Rd.) to the southern end of the taper in the south project
area, and parcels the abutting the Atlantic Ocean between the south end of the northern project
taper and the beginning of the main fill at the north end of the southern project.
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Nags Head Board Meeting Minutes
November 6, 2002
‘The sub-committee held numerous meetings and spent untold man-hours reviewing a proposed
financing structure that would be both equitable, and politically palatable. We did an analysis of
various zone structures and financing opportunities. We utilized the current state laws found in G.S.
160A-238 and employed a combination of assessment opportunities. For Zone 1 we recommended a
linear foot process and for the other zones we utilized a land value factor.
‘Ultimately based on a review of other projects and attempting to relate benefit to costs the subcommittee estimated that between 75%-80% of the financing should be directly proportioned to the
immediately affected properties in Zone 1. In order to collect the necessary revenue we estimate
that we would need to collect about $80 per linear foot or, in effect, the average lot would pay
approximately $4000.
‘Based on our value of equity and cost/benefit we estimated that a property in Zone 2 (east of beach
road but not in project area on oceanfront) should pay approximately 7% of the total amount or
about $1000 for an average property in this affected area.
‘We estimated that Zone 3 (between the highways in the project area and ocean front between the
projects) should be responsible for ~15%% of the total amount or about $400 for an average
property in this affected area ($1000 for an average parcel abutting the ocean between the projects
due to the higher land values of these ocean front properties).
‘The formula used to develop the financing proposal was based on the following factors:
‘1.
Equity – equity was primarily determined by a literature review of other projects in other
states. There are numerous cost/benefit studies, especially along the Florida coast, identifying the
percent of benefit from a project to affected properties. This research formed the basis for our
funding proposal.
‘2.
Political acceptance – once our overall funding was developed we looked at individual sites
throughout the affected area to validate the funding structure. In reviewing this information some
immediate inequities were discovered. Through a process of reviewing specific examples the
committee tweaked the funding proposal to represent an equitable assessment that would make
sense to the political leadership and the tax paying citizens.
‘3.
State Law – Once we determined a fair distribution of assessments we needed to either
propose an implementation strategy that met current state law or seek special legislation. We did
pursue special legislation but as we matured in our analysis we recognized that the current state
statutes allowed us to implement an equitable funding process,
‘4.
Local Administrative Capacity – a number of financing opportunities are available. As an
example, the committee originally suggested an area per lot assessment vis-à-vis a value oriented
assessment. We quickly discovered our ability to identify an exact square footage of an affected lot
is severely limited while a value assessment is much easier to determine and defend.
‘The initial project is estimated to be done in 3 phases over three years. Because of this we are
recommending that each affected property be assessed each year for three years. For example, an
oceanfront lot with 50 linear feet would be assessed a total of $4000. Each year this property owner
would be responsible for an assessment of approximately $1333 for each of the 3 years. Attached for
your review are specific examples of properties in the various zones in Nags Head and how this
assessment affects them.”
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Nags Head Board Meeting Minutes
November 6, 2002
UPDATE ON CUSTOMER SERVICE
Deputy Town Manager Rhonda Sommer provided a customer service update with a powerpoint
presentation. She explained that a total of 57 survey cards have been distributed with 17 returned;
the summary of overall results is very good. She said further that a card will be forwarded to all
Planning permittees for the past six (6) months; the Public Works Department program begins
January 1, 2003.
Ms. Sommer reported on a new public service recognition program; all Board members, Department
Heads, supervisors who “catch” employees guilty of providing excellent customer service are to give
the employee a gold coin.
DISCUSSION OF POST-EMPLOYMENT RETIREMENT HEALTH BENEFITS – FROM OCTOBER
16, 2002, BOARD MEETING
Deputy Town Manager Rhonda Sommer summarized her memo dated October 24, 2002, which read
in part as follows:
“Pursuant to your request at the October mid-month 2002 meeting, a proposed policy to provide
health insurance to retirees is attached to this memo.
‘The policy offers health insurance premium coverage to employees who retire under the Local
Government Employees Retirement System (LGERS) on a sliding scale based on their years of service
with the Town of Nags Head. Should an employee take a reduced or early retirement with LGERS,
then the reduction imposed by the state in benefit will also be applied to the health insurance benefit
from the Town. Should an employee retire on disability, then they will receive unreduced credit for
their years of service with the Town. Should the disability be related to an incident or condition
resulting from their employment with the Town, then their years of service will be doubled for
purposes of determining their health insurance benefit.
‘The cost estimates of the proposed funding formula are shown with the effective date of July 1, 2003
and also with a retroactive implementation to July 1, 2001.
‘Staff remains available for questions.”
Mayor Muller suggested one modification in the Early Retirement bullet: modify the second line to
read “…then the same reduction will apply to the retired employee’s health insurance”.
Comr. Sadler confirmed that this program applies to the employee and not dependents.
It was Board consensus to agree to the retirement health benefits program; to include a
retroactive implementation date of July 1, 2001; to incorporate the program into the Personnel Policy;
and to return the program for final adoption in the December 4, 2002, Board meeting Consent
Agenda with an effective date of January 1, 2003.
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Nags Head Board Meeting Minutes
November 6, 2002
PRESENTATION ON NC DOT ENHANCEMENT PROJECT
Deputy Planning Director Bruce Bortz summarized the Planning and Development staff memo dated
October 28, 2002, which read in part as follows:
“Over the past several months, NCDOT, in conjunction with the Town’s Route 158 Beautification
Committee and Town staff, has been in the process of developing a landscaping beautification plan
for portions of the US 158 right-of-way in Nags Head. This landscaping beautification plan is part of
a NCDOT Roadside Enhancement grant program. This project has been initiated to enhance key
locations of US 158 in advance of the Wright Brothers centennial celebration next year. NCDOT, at
no cost to the Town, has agreed to design and install the plantings and maintain them for three
years. After the initial three-year period is over, the Town will be responsible for any maintenance
and irrigation costs. The goal of the project, if approved by the Board, is to begin installation of the
plantings in January and complete the project by early spring.
‘The specific locations chosen for the plantings include:
1)
2)
3)
The east and west sides of US 158 extending south from the northern town limits at Eighth
Street to Satterfield Landing Road,
The east side of US 158 directly across from the Outer Banks Hospital south to South
Seachase Drive, and;
The redesigned island on West Seachase Drive adjacent to the Food Lion shopping center.
‘The plan generally consists of a mixture of mostly native trees and shrubs, with some flowering
annuals, lined in curvilinear beds adjacent to the roadway. Plantings range from formal to natural
and incorporate the use of one to three foot berms. Plant species include Dwarf Yaupon Holly, Shore
Juniper, Hollywood Juniper, Crape Myrtle, Bayberry, Oleander, Japanese Black Pine, Dwarf
Pittsoporum, Live Oak, Wax Myrtle, Sweet Bay Magnolia, Indian Hawthorn, and Daylily.
‘NCDOT has also designed the irrigation for the project. Locations of necessary water taps are
included in the plan. Town staff will be responsible for ensuring that water taps are available at the
locations specified in the plan. Town water will be used to provide drip irrigation for the first three
years. After the first three years, irrigation will only be used if necessary. Other maintenance costs
include the use of herbicides and the application of mulch every two years (at a minimum). NCDOT
is developing a cost estimate for initial installation of the plantings as well as an annual maintenance
cost estimate. A NCDOT and Staff representative will present the draft plan as well as the cost
estimates at the November 6th BOC meeting. Draft copies of the plan are available for review in the
Planning Department.
‘NCDOT plans to bid the project in two separate contracts so that the value of each contract is below
$50,000. This will allow local landscaping contractors who are not bonded to bid on the work.
‘If the Board has no objections to the plan, a Landscape Agreement will be drafted by the state, to be
signed by all parties involved. Since the Board adopted the resolution approving this project at their
September 4th meeting, no further action would be required by the Board.”
Mr. Bortz introduced Pat Mansfield and Bernard Minter from NC DOT; he noted that cost estimates for
the project are based upon the town providing water for irrigation.
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Nags Head Board Meeting Minutes
November 6, 2002
Ms. Mansfield distributed a Construction Estimate schedule to Board members.
Comr. Sadler said that while she appreciates the gracious opportunity to beautify Nags Head, she is
very concerned about the possible cost impact to the town.
Comr. Murray spoke in favor of the project.
Comr. Remaley spoke in favor of the project.
Mayor Pro Tem Farah spoke in favor of the project.
Mayor Muller spoke in favor of the project. He thanked Ms. Mansfield and Mr. Minter for coming
today; he requested some variation in the height of the plantings so they would not all be low-bed
vegetation.
Comr. Sadler asked about the removal of the duckweed in the South Nags Head ditches. Ms.
Mansfield stated that herbicide costs are too high to eradicate the duckweed and alligator weed in the
ditches; dredging the ditch periodically does not solve the problem. She said that the Park Service
feels no need to remove its duckweed because it does no harm.
Mr. Minter mentioned some of the plantings will include japanese black pines, indian hawthorne, wax
myrtle, and oleanders.
Camille Lawrence, resident and owner of First Colony Inn, noted that oleanders are poisonous. Ms.
Mansfield agreed but was not concerned about persons chewing on the plants. After they are in the
ground for a period of three (3) years, they should do well. Mayor Muller noted a three-year
warranty for the vegetation.
It was Board consensus to proceed with the NC DOT landscape program, noting Comr. Sadler’s
concern about the maintenance costs. Ms. Mansfield stated that the next step would be for NC DOT
to prepare and bring forward a contract for consideration.
Board members thanked Ms. Mansfield and Mr. Minter for attending today’s meeting.
Ms. Mansfield stated that the planting time period is scheduled for January 15 – March 15, 2003; the
warranty phase begins at the end of the planting phase.
REPORT ON WATER FLOW TEST IN SOUTH NAGS HEAD ON NATIONAL PARK SERVICE
PROPERTY – FROM OCTOBER 2, 2002, BOARD MEETING
Assistant Fire Chief Butch Osborne summarized his memo dated October 30, 2002, which read in part
as follows:
“On October 7, 2002 the Town’s Fire Marshal and the Town’s Water Distribution Supervisor along
with representatives of the National Park Service (NPS) conducted fire water flow tests at various
locations within that portion of the National Park Service where the Town of Nags Head presently has
a contractual obligation to provide fire protection. The results of these fire water flow tests clearly
indicated there is presently insufficient water available to fight fires within the Park. The specific
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Nags Head Board Meeting Minutes
November 6, 2002
results for each area along with the recommendations from ISO (Insurances Services Office) and
North Carolina Fire Prevention Code for firefighting water flows are part of this report.
‘On October 11, 2002 the Deputy Town Manager, Director of Public Safety, Director of Public Works,
the Water Distribution Supervisor and myself again met with representatives of the National Park
Service to discuss the existing fire water flow problems and potential solutions. Several solutions and
options were discussed including the installation of a new water line from the existing water line
connection near Whalebone Junction. This is the Town staff’s most preferred solution and option.
‘On October 29, 2002 an additional fire water flow test was conducted for the NPS Bodie Island
Maintenance Shop Area to determine if any fire water flow improvement was obtained by the
operation of an additional pump at the Gull Street water pumping station. The hydrant south of
McCall Court was flowed with 2 pumps running at Gull Street which resulted in a flow of 820 gpm a
small increase over the original test of 649 gpm.
‘There was also a discussion on sprinkling all or some of the NPS structures, which would significantly
reduce fire suppression water flow requirements. The option that seemed to be most attractive, for
both the Park Service and the Town, for a short term solution to the fire water flow requirements was
the construction of a separate water line that would allow for the pumping of water from an existing
200,000 gallon water storage tank, which is presently located on the Park property, to the areas
needing fire protection.
‘It is my recommendation, to the Board of Commissioners, that the Town not renew our fire and
rescue protection contract with the National Park Service. It is also my recommendation that the
Town offer our services to the NPS with no inference or legal obligation that the Town’s Fire &
Rescue Division can successfully intervene for any fire event on their property. The Director of Public
Safety concurs and joins in these recommendations. The water supply problem and response time to
NPS properties will in all likelihood result in a negative outcome for the Park and for the Town of
Nags Head. In the event of a fire the NPS will, in all likelihood, suffer significant damage or loss of
their property and our reputation for effective Fire & Rescue Service emergency response agency will
be tarnished.
‘Another issue related to fire protection in the Park is the lack of fire inspection information for
buildings and facilities. As an example, the fuel storage area at the fishing center which stores
40,000 gallons of petroleum products would require an annual inspection, this may or may not be the
case. The Nags Head Fire and Rescue Division does not receive any of the information necessary for
us to have the professional comfort level that we presently enjoy within the jurisdiction of the Town.
‘The Fire & Rescue Division’s first obligation is to provide fire protection and rescue response in the
Town of Nags Head. It would better serve the Town to treat the National Park Service as we
presently treat other Dare County municipalities, which is to respond when we have sufficient
personnel and equipment.
‘Fire Water Flow Test Data
Bodie Island Hilton (V.I.P. Guesthouse)
Available Fire Flow – 375 gallons per minute
ISO Fire Recommended Firefighting Flow – 1500 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 2000 gallons per minute
‘Bodie Island Ranger Station
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Nags Head Board Meeting Minutes
November 6, 2002
Available Fire Flow – 530 gallons per minute
ISO Recommended Firefighting Flow – 1750 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1500 gallons per minute
‘Bodie Island Boneyard Maintenance Building
Available Fire Flow – Less than 150 gallons per minute
ISO Recommended Firefighting Flow – 1000 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1500 gallons per minute
‘Bodie Island Visitors Center
Available Fire Flow – Less than 150 gallons per minute
ISO Recommended Firefighting Flow – 1250 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1,500 gallons per minute
‘Bodie Island Maintenance Shops
Available Fire Flow – 649 gallons per minute
Available Fire Flow – 820 gallons per minute
October 29, 3 pumps running
ISO Recommended Firefighting Flow – 1500 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1750 gallons per minute
‘Bodie Island Carpenter Shop
Available Fire Flow – 649 gallons per minute
ISO Recommended Firefighting Flow – 1500 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1750 gallons per minute
‘Bodie Island Residential Area (Adjacent to the Bodie Island Maintenance Shops)
Available Fire Flow – 649 gallons per minute
ISO recommended firefighting flow – 750 to 1000 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1000 gallons per minute
‘Oregon Inlet Fishing Center
Available Fire Flow – 237 gallons per minute
ISO Recommended Firefighting Flow – 2000 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 2000 gallons per minute
‘Coquina Beach
Available Fire Flow – 375 gallons per minute
ISO Recommended Firefighting Flow – 1000 gallons per minute
NC Fire Prevention Code Recommended Firefighting Flow – 1500 gallons per minute
‘Town Staff will answer any questions that the Board of Commissioners might have.”
Ms. Sommer reported that yesterday the town received a draft of a NPS hydrology report that lists
four (4) different alternatives; all will take a significant amount of time to locate funding, bid project,
etc.
The contract requires that the town provide potable water but does not require water for
firefighting needs.
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Nags Head Board Meeting Minutes
November 6, 2002
Mayor Muller reported that the replacement of a water line has been a CIP request for a long time;
that cost has prevented the Board from moving forward. He asked Board members if they want to
enter into another Park Service contract to provide fire service.
Chief Cameron reported that the Park Service Superintendent has requested a meeting next week
with staff to discuss the hydrology report.
Mayor Muller confirmed with Town Attorney Ike McRee that no action taken by the Board means that
the contract will elapse tonight at midnight.
Comr. Remaley said that the Park Service needs to be notified as soon as possible about the Board’s
action today.
It was Board consensus to allow the contract with the National Park Service to lapse at midnight
tonight (November 6, 2002) and to continue staff discussions and move forward as outlined in
Assistant Fire Chief Osborne’s memorandum which includes providing fire service to the Park Service
without legal obligation.
REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING
AND DEVELOPMENT DIRECTOR
REVIEW OF SITE PLAN FOR NAGS HEAD VENTURES OFFICE BUILDING, 4727 SOUTH
CROATAN HIGHWAY
Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development
staff memo dated October 29, 2002, which read in part as follows:
“PROJECT LOCATION:
2727 South Croatan Highway
‘ZONING:
C-2 General Commercial
‘LAND USE CLASSIFICATION:
D-1 Developed
‘PROJECT DESCRIPTION:
‘Albemarle Engineering on behalf of Nags Head Ventures has submitted the attached site plan
amendment application for the construction of a two-story 2,800 square foot general office building.
The 16,335 square foot site is located in the C-2 General Commercial zoning district on the east side
of US 158 south of Dunn Avenue and north of Engagement Hill Loop. The subject property also abuts
the Croatan Center shopping center to the north.
‘The building would house two office suites employing 10 people between them. The parking
calculation shown on the site plan complies with the office parking standard prescribed by the zoning
ordinance (1 space for every 200 square feet of gross floor area and 1 space for every 2 employees).
‘The Town engineer has approved loading, internal site circulation, ingress and egress and
stormwater management. Fire, Public Works, and Health Department issues have been addressed.
Buffering, lighting, setbacks, and lot coverage as shown comply with the zoning ordinance. North
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Nags Head Board Meeting Minutes
November 6, 2002
Carolina Department of Transportation authorization will be required prior to the commencement of
any work within the US 158 right-of-way.
‘Planning Board recommendation:
At their regular October 15, 2002 meeting the Planning Board members voted unanimously to
approve the attached site plan provided the roll-out cart area was depicted in a location accessible to
the Town refuse vehicles. This condition has been satisfied as the plan now shows the roll-out cart
area in an appropriate location.
‘Staff Recommendation:
The Planning and Development Staff recommend approval of the Nags Head Venture site plan
application as submitted.”
MOTION: Mayor Pro Tem Farah made a motion to approve the Nags Head Ventures Office Building
site plan as presented. The motion was seconded by Comr. Remaley which passed unanimously.
REVIEW OF PROPOSED SITE PLAN FOR TOWN RECREATION SITE (TWIFORD PROPERTY)
Deputy Planning Director Bruce Bortz summarized the Planning and Development staff and
Recreation Committee memo dated October 31, 2002, which read in part as follows:
“The Recreation Committee met on October 31, 2002 and reviewed a preliminary site plan developed
by the County with input from Town staff for development of the Twiford Tract. The Twiford Tract is
the property the Town recently acquired from the County in exchange for another tract of land
(TWEACR Tract). The Twiford tract is generally west of Kelly’s Restaurant, between Nags Head Pond
Subdivision and Satterfield Landing Road. The County has been awarded a (Parks and Recreation
Trust Fund) PARTF grant to develop a recreation site. The County Parks and Recreation Director,
Cliff Ogburn has inquired with staff and the Town Manager about the possibility of developing the
Twiford Tract for recreational uses. Preliminary discussions with Town staff and the County Parks
Director indicate that the County would like to develop the site with one soccer field and one general
purpose field, parking, restrooms, a concession area-pavilion at County expense. In return the Town
would be responsible for clearing the property making it suitable for development.
‘The attached site plan indicates the proposed improvements. While the County proposes to develop
the soccer fields and other amenities, it is not the County’s intention to develop the six tennis courts
shown on the plan.
‘At the Recreation Committee meeting on October 31, 2002, the four members present voted
unanimously to forward to the Board of Commissioners the conceptual site plan with two
recommendations: (1) Satterfield Landing Road is the preferred entrance to the site, and (2) the
Town and County should work on measures such as lighting fixtures and location of the fields to
reduce the impact from the lights to the neighboring subdivisions.
‘Candis George, a member of the Committee was not able to attend the meeting but voiced her
opposition to the plan. Her opposition resulted from concerns for lighting, noise and location of the
fields on the site.
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Nags Head Board Meeting Minutes
November 6, 2002
‘Staff is requesting that if the Board finds the attached plan satisfactory, that staff be directed to
begin the process of amending the Town Code of Ordinances to accommodate the proposal as
recommended by the Committee.”
Comr. Murray stated that he serves on the Recreation Committee; he explained that Dare County has
been asked to end field use at a specific time each night in deference to neighbors. Mr. Bortz
confirmed that the lights should be extinguished by 9:00 p.m.
In response to Mayor Muller’s inquiry, Mr. Bortz explained that the recreation site plan represents
what would be the largest buffer in the town – an 80’ vegetative buffer and a 20’ open space buffer
between the neighborhood and the ballfields.
Mr. Bortz stated that the site plan would be required to go through the normal process to include
preparation of a zoning amendment and public hearing; the site plan shown to the Board today is a
conceptual site plan.
Comr. Sadler said that she is very interested as long as this site plan is not final; she expressed her
concern about the possible lighting impacts; she feels this conceptual site plan is a good beginning.
Nags Head Pond Subdivision resident Wayne Gray asked about the south side buffer being extended;
Mayor Muller said that this could be researched.
Comr. Remaley agreed and suggested that the project be moved further back for more of a buffer
between the fields and the neighbors.
Mayor Muller asked staff to review the amount of vegetation at that site and provide suggestions for
additional buffering. He also reported that a proposed west side multi-use path will be discussed in
the spring of 2003 during the Capital Improvement Program (CIP) process.
It was Board consensus to continue with the project for the recreation site as presented on the
conceptual site plan.
NEW BUSINESS
REPORT FROM CITIZENS ADVISORY COMMITTEE MEETING
The report from the Citizens Advisory Committee meeting of October 14, 2002, was presented to the
Board and read in part as follows:
“REPORT ON FESTIVAL OF THANKSGIVING
Bob Sanders reported that he has spoken with the Committee’s nomination for Town Lightkeeper
who has agreed to serve the town in that position during the upcoming year. He noted that the
nomination will not become public until the Festival of Thanksgiving Opening Ceremony celebration.
The Festival is scheduled for the week prior to Thanksgiving – November 21 – 24, 2002.
‘COMMUNITY APPEARANCE AWARD FOR COMMERCIAL BUSINESSES
The following businesses were the top nominees selected by the Committee members for Community
Appearance Award: Harrell & Associates; Outer Banks Birdwatchers; Outer Banks Hospital; Forbes
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Nags Head Board Meeting Minutes
November 6, 2002
Candies; YMCA; and Logan’s Ice Cream; Something Fishy; Carolina State Mortgage (Bankers); Bad
Barracuda’s; and Owen’s Restaurant.
‘REPORT ON TOWN RESIDENTIAL NAGS HEAD STYLE ARCHITECTURE AWARD
Bob Sanders reported that the Board of Commissioners at their October 2, 2002, meeting approved
the Committee’s nomination of the Nixon Cottage for the Residential Nags Head Style Architecture
Award. Committee members agreed that the award should be presented during the Festival of
Thanksgiving Opening Ceremony on Thursday, November 21, 2002, at Town Hall.
‘UPDATE ON LINKING WEST SIDE NEIGHBORHOODS
Bob Sanders reported that a discussion of linking the west side neighborhoods together with a multiuse path will be on the Board’s October 16, 2002, agenda.
‘TOWN RECREATION SITE
Town Manager Fuller reported that the Town and County Recreation Dept. staff have met with the
County’s engineer and a lighting consultant. The engineer is developing a design proposal which
should be ready for review prior to the next CAC meeting.
‘MULTI-USE PATH SAFETY
Chief Cameron explained that people continue to come to him with issues concerning the safety of
the multi-use path. He said that the town is considering acquiring some signs to offer to property
owners to install; there would be no liability to the town if the property owner installed the sign.
‘NC DOT LANDSCAPE ENHANCEMENT PROGRAM
No update was provided on this agenda item.
‘NAGS HEAD SURF FISHING TOURNAMENT
Russell Lay, on behalf of Nags Head Surf Fishing Tournament president Kerns Lowman, thanked the
Town for their assistance with the tournament. He said that tournament officials agreed with the
Town’s decision to close certain parts of the beach because of the dangerous driving conditions.
‘TURTLE NESTS AND LIGHTING IN TOWN
Russell Lay reported that all the turtle nests on the beach hatched this year. He also noted that
tourists have commented to him that they like staying in Nags Head because there are not a lot of
lights and they can view the constellations, etc.
‘LARGE STRUCTURES
Camille Lawrence said that she has received numerous complaints about the “cookie cutter” houses
that are built in a row that have the same design/style and color.
Planning Director Tim Wilson
provided a Large Structure Committee update.
‘SIDE STREETS BLOCKED BY CONSTRUCTION VEHICLES
Susan Boncek reported that she usually turns into the Finch Street or Flicker Street side roads near
her Sandspur Motel. Construction workers on these streets park in the street making the streets
impassable. She suggested that when the town issues building permits that they stipulate that
construction vehicles must be parked off the road and must not block public streets.
‘Chief Cameron said that the Police Division should be contacted if a roadway is completely blocked.
He stated further that he was aware there would be a problem on those streets some time ago.
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November 6, 2002
‘LARGE STRUCTURE IN SOUTH NAGS HEAD
Norm Chase mentioned that the large residential structure on the oceanfront in South Nags Head is a
16-bedroom house.
Town Manager Fuller said that this was the house that caused the Board to
take the action it did with the large structure moratorium; the Board felt that the 16-bedroom house
could not be considered a single family home.
‘DOGS ON THE BEACH
Chief Cameron reported that the town may be seeing “displaced impacts” during next year’s summer
season. The Town of Kitty Hawk has banned dogs on its beaches from May through October and he
anticipates that this will have an impact on Nags Head’s beaches next summer.
‘AMATEUR FIREWORKS
Susan Boncek and Camille Lawrence requested that the banning of amateur fireworks in the town be
considered.
‘MAYOR MULLER
Mayor Muller thanked the Committee members for their efforts and said that the Board reads their
minutes with interest every month. He also said that he believes that the Committee is doing what
he, the other Board members, and the town’s citizens want the Committee to do.”
REPORT FROM ARTWORK SELECTION COMMITTEE MEETING
The report from the Artwork Selection Committee of October 9, 2002, was presented to the Board
and read in part as follows:
“VIEW COLLECTION OF OUTER BANKS ARTISTS AT SEASIDE ART GALLERY
Seaside Art Gallery owner Melanie Smith took the Committee on a brief tour of the Outer Banks
artists in the gallery. Ms. Smith abstained from voting on any of the artwork due to an obvious
conflict of interest.
‘It was Committee consensus to purchase the following:
M. Charles – Outer Banks - $795
Stan Robinson – House in the Marsh - $495
Janet Pierce – Outer Banks Beach Beauties - $240
Ellie Grumiaux – Chappie IV - $250
‘REPORT ON ART TOURS OF HIGH SCHOOL CLASSES
Majid Elbers reported that the high school tours last week with teacher Robin York’s high school
classes went very well. Approximately 80 students viewed the town’s art collection.
‘UPCOMING SCHEDULE
It was Committee consensus to agree to the following schedule:
November 13, 2002, Committee meeting – Ocracoke artist Bob Ray
December 11, 2002, Committee meeting – Artist Michael McAllister
‘DISCUSSION OF ATTENDANCE POLICY
Majid Elbers reported that the Board of Commissioners approved the Committee’s proposed
attendance policy which reads: A Committee member who misses three (3) consecutive meetings,
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Nags Head Board Meeting Minutes
November 6, 2002
unless the member has received prior approval from the Chair, is relieved of their duties as a
Committee member.”
TOWN ATTORNEY IKE MCREE – SUNKLER LAWSUIT
Town Attorney Ike McRee reported that he received a letter this week concerning the Sunkler vs.
Town of Nags Head lawsuit informing him that legal briefs have been referred to a three-judge panel
of the US Court of Appeals for the Fourth Circuit court panel. He stated that he would keep the
Board informed.
TOWN ATTORNEY IKE MCREE – REQUEST FOR CLOSED SESSION
Town Attorney Ike McRee requested a Closed Session to discuss an attorney-client privilege issue
concerning the Weeks vs. Town of Nags Head lawsuit.
DEPUTY TOWN MANAGER RHONDA SOMMER – DARE COUNTY HEALTH DEPARTMENT
Deputy Town Manager Rhonda Sommer reported that the town received a letter from the Dare
County Health Department; the town will be requesting a meeting with Health Department Director
Ann Thomas to discuss this issue which concerns septic regulation enforcement.
DEPUTY TOWN MANAGER RHONDA SOMMER – YMCA TRAFFIC SIGNAL
Deputy Town Manager Rhonda Sommer reported that a resolution of support will be brought forward
for Board consideration soon concerning the YMCA and conceptually agreeing to the relocation of
their driveway in line with Bonnett Street to accommodate a traffic signal.
Chief Cameron pointed out that the traffic signal will also benefit the new elementary school when
constructed.
DEPUTY TOWN MANAGER RHONDA SOMMER – REQUEST FOR CLOSED SESSION
Deputy Town Manager Rhonda Sommer requested a Closed Session to discuss personnel issues.
MAYOR MULLER - DISCUSSION OF PUBLIC BUILDING POLICY
Mayor Muller presented a proposed Public Building Policy to the Board.
MOTION: Comr. Murray made a motion to approve the Public Building Policy as presented. The
motion was seconded by Mayor Pro Tem Farah which passed unanimously.
Deputy Town Manager Rhonda Sommer confirmed with the Board that those agencies that have
already reserved a town meeting room are grandfathered.
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Nags Head Board Meeting Minutes
November 6, 2002
The Public Building Policy, as approved, read in part as follows:
“Facilities covered
‘-
Council Chamber and Council Chamber Conference Room
‘Town Hall Meeting Rooms (Planning Conference Room, Library, Staff Meeting Room and
Police Training Room), Lobby, Porches and Grounds
‘Facilitates covered under separate policies
‘-
South Wing of the Fire Station (Agreement with NHVFD)
Town Park
Town Ocean and Sound Accesses
‘Principals of use
‘The Town has priority in the use of all facilities and reserves the right to cancel the use of
facilities or reassign facilities if there are conflicts with Town use of the facilities.
‘The Town expects users to respect the Town's facilities and to leave them in good condition,
clean and ready for use when they leave.
‘The Town does not allow the use of Town equipment and supplies including computers,
copiers, projectors and Audio-Visual Equipment without prior arrangement. The Town does not
provide staff support for groups not associated with the Town without prior arrangement.
‘To ensure the security of Town Hall groups not associated with the Town may use Town Hall
Meeting Rooms only when Town Hall is open for business (Mon.-Fri 8:30a.m.-5:00p.m) Town Staff,
Boards and Committees may use Town Hall Meeting Rooms as needed. The Town may allow the use
of Town Hall Facilities at other times if the Council Chamber is already in use.
‘In order to allow the Town the greatest flexibility of use the Town does not allow the use of
Town Facilities for regularly scheduled meetings of any group without approval by the Board of
Commissioners. Such approval will only be granted when there is direct benefit to the Town for such
meetings and no other facility is available for the meetings.
‘It is the responsibility of the group using the facility to do any set up prior to the start of the
meeting
‘Priority of use
‘-
Town of Nags Head Board of Commissioners
‘-
Town Boards and Committees
‘-
Town staff
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Nags Head Board Meeting Minutes
November 6, 2002
‘Federal, State and Local government boards and agencies for meetings on issues affecting the
Town
‘Federal, State and Local government boards and agencies for meetings on issues not directly
affecting the Town
‘Organizations the Nags Head Board of Commissioners directly approves funding for from the
General Fund or organizations that regularly contribute to the General Fund in excess of twentythousand dollars.
‘Approval, Scheduling and associated issues
‘Groups not associated with the Town (Priority 4-6) may reserve Town facilities up to 60 days
in advance of the use date.
‘-
The Town Manager or their designee must approve all reservations.
‘The Manager's decision may be appealed to the Board of Commissioners at their next
regularly scheduled meeting.”
MAYOR MULLER - CONSIDERATION OF CONTRIBUTION REQUEST FROM LEAGUE OF
WOMEN VOTERS
Mayor Muller presented the request from the League of Women Voters for Board consideration. The
letter from the League of Women Voters, dated October 16, 2002, requested a tax-exempt
contribution to assist in publication of the Citizens Guide.
Comr. Sadler recommended that the town contribute $100 to the League of Women Voters as they
make a considerable contribution to the town and Dare County.
MOTION: Comr. Sadler made a motion to contribute $100 to the League of Women Voters, with
funds to come from Contingency, and to include their request in upcoming budgets. The motion was
seconded by Comr. Remaley which passed 4 – 1 with Mayor Muller casting the NO vote.
MAYOR MULLER – FACILITY FEES REVIEW
Mayor Muller said that he would be meeting soon with Finance Officer Rhonda Sommer to begin a
review of the town facility fees.
MAYOR MULLER – IDENTIFICATION OF HOUSE DRAINFIELDS
Mayor Muller asked Planning staff to develop a simple system to identify house drainfields to assist
property owners in keeping vehicles off their drainfields. This was a concern mentioned during
today’s large structure public hearing.
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Nags Head Board Meeting Minutes
November 6, 2002
MAYOR MULLER – REQUEST FOR PUBLIC HEARINGS REMOVED FROM CONSENT AGENDA
Mayor Muller noted that two (2) of the public hearings requested for the December 4, 2002, Board
meeting, approved in today’s Consent Agenda, were related to the Large Structure issue. An
extension of the large structure moratorium will be considered at the Board’s December 4, 2002,
meeting.
MOTION: Comr. Remaley made a motion to reconsider the Consent Agenda. The motion was
seconded by Comr. Murray which passed unanimously.
MOTION: Comr. Remaley made a motion to approve the Consent Agenda with the exception of the
following two (2) requests for public hearing:
-
Request for public hearing to consider proposed amendments to the Town Code pertaining to
height and habitable floors
Request for public hearing to consider proposed amendments to the Town Code pertaining to
Large Residential Dwellings
The motion was seconded by Comr. Murray which passed unanimously.
MAYOR MULLER – NAGS HEAD BROADCAST
Mayor Muller reported on the town Nags Head Broadcast which is an email list that will be used to
notify anyone who has subscribed of special happenings in the town. He said that he does not want
the mailing list to be used for public notices.
Staff was directed to prepare a policy for the use of the Nags Head Broadcast mailing list.
MAYOR MULLER – COMMUNITY DEVELOPMENT CORPORATION
Mayor Muller reported that the newly formed Community Development Corporation that is working on
affordable housing issues has been scheduled to talk with the Board at the December 4, 2002, Board
meeting.
MAYOR MULLER – USE OF FORMER OUTER BANKS MEDICAL CENTER BUILDING
Mayor Muller directed staff to include the various requests received for use of the former Outer Banks
Medical Center building on the December 4, 2002, Board meeting agenda.
MAYOR MULLER – REQUEST FOR CLOSED SESSION
Mayor Muller requested a Closed Session to discuss an employee honorarium and to discuss the
acquisition of real property.
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Nags Head Board Meeting Minutes
November 6, 2002
COMR. REMALEY – STREETLIGHTS
Comr. Remaley requested an update on the replacement of streetlight bulbs.
Public Works Director Dave Clark explained that the streetlight bulbs in the town that require
replacement, one at the entrance to Nags Head Acres, has already been scheduled for replacement.
MAYOR PRO TEM FARAH – LARGE STRUCTURE COMMITTEE
Mayor Pro Tem Farah thanked the Board for their indulgence while the Large Structure Committee
worked to prepare a proposal.
MAYOR PRO TEM FARAH – EXPANSION OF BEACH ACCESSES
Mayor Pro Tem Farah pointed out that the Board may want to begin looking at beach accesses and
discuss expanding them in the near future.
COMR. MURRAY – COMMEND MAYOR PRO TEM FARAH
Comr. Murray complimented Mayor Pro Tem Farah on his leadership as chair of the Large Structure
Committee.
COMR. SADLER – PARKING AT LARGE STRUCTURES
Comr. Sadler said that she hopes that rental companies will let its tenants know how many vehicles a
specific house may accommodate.
COMR. SADLER – CITIZENS ADVISORY COMMITTEE
Comr. Sadler said that she appreciates the Citizens Advisory Committee minutes and feels the
Committee has provided a lot of input for the town.
COMR. SADLER – STREETLIGHTS ON BEACH ROAD
Comr. Sadler said that she has been approached by several residents concerning the installation of
streetlights on the Beach Road. Deputy Town Manager Rhonda Sommer said that staff is working on
a proposal which evaluates the necessity of streetlights for the bypass town-wide.
Mayor Muller said that he knew that Mayor Pro Tem Farah had asked staff to look into the installation
of streetlights on the bypass but he was not aware of any initiative concerning streetlights on the
Beach Road; the Board’s value has always been to steer away from streetlights on the Beach Road.
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Nags Head Board Meeting Minutes
November 6, 2002
Ms. Sommer said that staff has been looking into various types of streetlighting and they can also
look into lighting for the Beach Road.
Comr. Sadler requested evaluation of the area primarily
between Milepost 13 and Milepost 16.
Mayor Muller suggested that staff include this issue in the upcoming CIP process after obtaining
additional details from Comr. Sadler.
COMR. SADLER – DARE COUNTY HEALTH DEPARTMENT
Comr. Sadler stated that the town needs to follow-up with Health Department director Ann Thomas
prior to next summer concerning septic system regulations. The letter received from the Health
Department does not identify any enforcement methods when a septic system fails or when
someone’s water is turned off.
COMR. SADLER – ANNUAL NCLM CONFERENCE
Comr. Sadler stated that she attended the October 2002 annual League Conference in Durham with
Mayor Muller and Town Manager Fuller. She said that it was very educational and thanked the Board
for the opportunity to attend. Mayor Muller and Comr. Sadler both noted that they have notes for
the other Board members to review at their convenience.
ADJOURNMENT
MOTION: Comr. Murray made a motion to adjourn to a Closed Session to discuss the acquisition of
real property; personnel issues; attorney-client privilege concerning the Weeks vs Town lawsuit; and
an employee honorarium (employee of the year); and then to adjourn to the Board Open Forum
scheduled during the Festival of Thanksgiving Opening Ceremony on Thursday, November 21, 2002,
at 11:00 a.m. in the Board Room. The motion was seconded by Mayor Pro Tem Farah which passed
unanimously. The time was 4:17 p.m.
_______________________________
Carolyn F. Morris, Town Clerk
Approved:
December 4, 2002
Mayor:
___________________________
Robert W. Muller
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