DRAFT
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
December 1, 2010
The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal
Complex located at 5401 South Croatan Highway at 9:00 a.m. on Wednesday, December 1, 2010.
COMRS PRESENT:
Mayor Bob Oakes; Mayor Pro Tem Wayne Gray; Comr. Doug Remaley;
Comr. Anna Sadler; and Comr. Renée Cahoon
COMRS ABSENT:
None
OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Kevin Brinkley; Kevin
Zorc; Dave Clark; Ralph Barile; Roberta Thuman; Al Byrum; Emily Lewis; Courtney Fowler; John
Ratzenberger; Harry Nash; Donna Elliott; Mike Elliott; Marvin Demers; Gordon Blanchard; Richard
Murphy; Brian McNeal; David Deel; Reed Fisher; June Fisher; Yogi Harper; Jenny Jenkins; John Hall;
Elizabeth Hall; and Town Clerk Carolyn Morris
CALL TO ORDER/PRAYER/PLEDGE OF ALLEGIANCE
Mayor Oakes called the meeting to order at 9:00 a.m. Public Works Director Dave Clark provided
the prayer which was followed by the Pledge of Allegiance.
MAYOR OAKES – RECOGNITION
Mayor Oakes recognized Dare County Board Chair Warren Judge and Dare County Commissioner Max
Dutton in the audience.
ADOPTION OF AGENDA
MOTION/WITHDRAWAL OF MOTION: Comr. Remaley made a motion to adopt the agenda and
then withdrew his motion.
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December 1, 2010
Mayor Oakes asked that agenda item #9 fuel pump be removed from the Consent Agenda for
discussion.
MOTION: Comr. Remaley made a motion to approve the agenda, as amended, with the removal of
agenda item #9 concerning fuel pump protection. The motion was seconded by Comr. Sadler which
passed unanimously.
AUDIENCE RESPONSE
No one spoke during Audience Response.
PRESENTATION OF THE EARL MURRAY, JR. EMPLOYEE OF THE YEAR AWARD
The following nominees for the 2010 Earl Murray, Jr. Employee of the Year award were recognized by
the Board:
Administrative Services
Planning Dept
Public Works Dept
Police Dept
Fire and Ocean Rescue Dept
Becky Huff
Kelly Wyatt
David Fronius
Chase Tadlock
Chad Motz
Tax Collector Becky Huff was announced as the winner of the Earl Murray, Jr. Employee of the Year
for 2010 and recognized with a plaque.
RECOGNITION OF EMPLOYEES
Public Works Director Dave Clark introduced Public Works Office Manager Karen Heagy who was
recognized by the Board for three years of service.
Fire Chief Kevin Zorc introduced the following firefighters who were recognized by the Board for five
years of service: Richard Gibbons, Andy Rullman, and Philip Wolfe.
CONSENT AGENDA
The Consent Agenda consisted of the following agenda items:
Consideration of Budget Adjustment #6 to FY 10/11 Budget Ordinance
Consideration of Tax Adjustment Report
Approval of Minutes
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Annual Certification of Firemen
Consideration of request for fuel pump protection (removed from the Consent Agenda for discussion)
Consideration of transfer switch replacement for Gull St Pump Station Generator
Change of custodian for investment fund
MOTION: Comr. Remaley made a motion to adopt the Consent Agenda as amended (with the
removal of agenda item #9 concerning fuel pump protection for later discussion). The motion was
seconded by Comr. Sadler which passed unanimously.
A copy of Budget Adjustment #6 to the FY 10/11 Budget Ordinance, 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 summary sheet concerning Certification of Firemen, as approved, read in part as follows:
“North Carolina General Statute 58-86-25 requires that all certified fire departments submit a
complete roster of eligible firemen on an annual basis - the certified list determines eligibility for the
$50,000 line-of-duty death benefit as well as eligibility for Pension Fund Credit.
‘Attached please find a roster of Town firefighters eligible for certification for Board review and
consideration at the December 1st Board of Commissioners meeting.”
Transfer switch replacement for Gull St Pump Station Generator memo, as approved, read in part as
follows:
“The Gull Street Pump Station was placed in service in 1983. It is one of the Town’s two points of
entry into our system where we receive water from the Dare County Regional System. Both of our
pump stations are equipped with an emergency generator to provide power in the event commercial
power becomes unavailable for any reason – hurricanes, planned outages, etc. Each generator is
supplied with a transfer switch that automatically disconnects the commercial feed if it goes down
and the generator comes on. It also performs this function when the generator is routinely tested.
Both the generator and transfer switch at Gull Street are the original (27-year old) equipment.
‘Recently, the transfer switch at Gull Street failed and when it was taken apart and examined, it was
determined that one of the two internal breakers had come apart. Due to its age, replacement parts
are no longer available for this breaker. A search was conducted for a used component, but very few
of these transfer switches were manufactured – they were only built for Caterpillar generators – and
no used ones could be located. Currently, the generator cannot be used to power the pump station.
Replacement will involve no more than one to two days of down time.
‘Three quotes were received for a new transfer switch, with the lowest being from Cummins Atlantic,
Inc., in Chesapeake. The installed cost will be $9,924.00, plus approximately $441.18 in NC sales tax.
Installation will be done by Hitt Electric, currently working on the Jennette’s Pier project. Funds are
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available in the Water Operations (810) budget to cover this work, with the necessary budget
transfer. Thank you for your consideration of this replacement.”
The Change of custodian for investment fund summary sheet, as approved, read in part as follows:
“Request for Board approval to change custodian of investments as allowed under NCGS 159-30.
Current investments include GNMA mortgage-backed securities in amount of $169,000 - maturity is
2016/2017. Account was opened in 2003 and went through Gateway at that time but they thirdparty contracted with National Advisor’s Trust as custodian and UVEST as investment advisor. The
Town will now utilize a brokerage account through Gateway with Persing as custodian. The Town
received thirty-day notice from UVEST that they would no longer be providing investment advice.
‘Safekeeping of securities as authorized by NCGS 159-30(d) requires a signed custodial agreement
with agent authorized to do business in NC - securities to be held in the name of the unit of
government. Attached resolution/documentation is required for change of custodian to Gateway
Bank.”
PUBLIC HEARINGS
Public Hearing to consider a site plan amendment, submitted by Mike Elliott, to grade the existing
dune and re-establish the landscape buffering at 5211 S. Croatan Highway (Sonic Drive-Thru
Restaurant)
Town Attorney John Leidy introduced the Public Hearing for a site plan amendment for Sonic DriveThru Restaurant and explained that the Board is acting as a quasi-judicial board. The time was 9:21
a.m.
Zoning Administrator Kelly Wyatt, Acting Planning Director Bruce Bortz, Al Byrum, and John DeLucia
were sworn in by Town Clerk Carolyn Morris.
In response to Attorney Leidy, Ms. Wyatt identified all attachments/portions of the agenda item.
Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:
“Mike Elliott, owner of Sonic Drive-Thru Restaurant has submitted the attached site plan amendment
for proposed grading of the berm along the western property boundary adjacent to US Hwy 158 and
into the NC DOT right-of-way. The existing vegetation will be removed and replaced once the
grading has been completed. Excess sand as a result of this grading shall remain within the Village
at Nags Head and those areas must be identified.
‘When the landscape buffering plan for this site was originally approved in January 2003 the spacing
requirements for plantings was such that plantings had to be 3 feet in height at installation on located
on 5 foot centers. In October 2006 the Board of Commissioners amended this portion of the
ordinance to state that plantings shall be 5 feet in height at installation and located on 10 foot
centers. As you can see from the attached survey the applicant is proposing to install the new
plantings under the current ordinance thereby installing 5 foot high trees on 10 foot centers.
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‘When the site plan and landscape plan were originally approved in early 2003 there were no
concerns expressed with the dune height at that time. In April 2003 the originally approved
landscape plan was amended to allow for staggered plant placement as well as a change in the plant
and shrub species being utilized. In May 2003 minor dune grading was requested and approved to
slope the top of the dune alongside 158 eastward down to the parking lot top of curb. The applicant
did not request nor did staff approve any reduction in the height of the dune but rather a gradual
slope for purposes of erosion control.
‘The following portion of this memorandum explains staffs findings concerning compliance with the
zoning ordinance as well as the Master Plan for Village at Nags Head.
‘48-821 Territorial Application – Staff Finding: Proposal does not comply.
This section states that the Village at Nags Head Master Plan shall apply as regulation within the
district for which it is intended. Staff has reviewed the application and finds that the proposal is not
consistent with the Master Plan as it was adopted in July of 1986. The following are pertinent
excerpts from the Village at Nags Head Master Plan:
‘Utility Plan – Grading and Dune Removal
– No sand will be removed from the village at Nags Head project site.
– It is the intent to maintain the general character of the site with many dunes and natural
areas.
‘Pertinent Land Use Plan Policies within Chapter 16 – Visual and Aesthetic Resources.
- The Town Values the preservation of existing vegetation and trees and shall vigorously
enforce all existing applicable regulations and laws.
- The Town views the preservation of dunes and topography as an important component in the
Nags Head image and shall strictly enforce the existing applicable rules and regulations and
seek additional measures as needed to preserve as much of natural vegetation as possible.
‘In April 2003 the Town in participation with NCDOT installed new plantings and landscaping in the
Highway 158 corridor in the northern portion of town and in the Village of Nags Head, including the
right-of-way upon which the subject property fronts. These new plantings were to augment and
compliment existing naturally occurring vegetation and to provide plantings in areas where none or
little existed.
‘In October 2008 Sonic Drive-Thru was issued a Notice of Violation and Enforcement Order for the
unauthorized topping and excessive pruning of the trees and plants not only located within the buffer
yard but also within the right-of-way. A civil penalty of $250.00 was assessed for this action.
‘This most recent request is being made by Mr. Elliott following the issuance of a Notice of Violation
and Enforcement Order on August 19, 2010 with accompanying civil penalties for the removal of
plantings within the required buffer yard as well as removal of some NC DOT enhancement plantings
(NOV attached). The applicant’s proposal does not include the re-planting of any of the NC DOT
enhancement plantings.
‘On July 5, 2006 the Board of Commissioners heard a similar request made on behalf of Sonic DriveThru and Resort Realty to grade the dune and re-plant the vegetation. At that time the Board voted
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4-0 to allow only vines, trash and debris to be removed. The dune was not approved to be removed,
graded or shaved.
‘Planning Board Recommendation
Following comments made by Mr. John Delucia, the applicant’s engineer, that a revised site plan with
more detailed topographical information would be submitted to the Board of Commissioners for
review, the Planning Board voted 5 – 2 to recommend approval of the site plan amendment.
‘Staff recommendation
Staff recommends that the attached site plan amendment application be recommended for denial due
to the inconsistencies with The Village at Nags Head Master Plan and the current Land Use Plan
Policies, specifically those pertaining to the desire to preserve the character, natural area, topography
and vegetation.
‘If the Board of Commissioners does decide to approve this application, Planning Staff asks that
included in the approval action be the following requirements:
1. Provide staff with a copy of the NCDOT Encroachment Agreement.
2. Replacement plantings shall meet the mature planting height of at least 5 ft.
3. Any sand removed during the proposed re-grading must remain within the Village at Nags
Head and those areas where sand is to be placed must be identified.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
In response to Mayor Pro Tem Gray, Ms. Wyatt said that with approval of this amendment, there are
no longer any violations; not installing plantings is the current violation. The outstanding violation
does carry civil penalties.
John DeLucia, Albemarle and Associates, he spoke representing Sonic owners; Mr. DeLucia provided
a brief history; original grading plan showed some lowering of the dune grade; originally dunes were
everywhere but have since been graded; during Sonic construction intent was to lower the dune; he
read from Chapter 2 of the Town’s Land Use Plan the Town’s Vision Statement second paragraph; he
feels it is still difficult for visitors to figure out how to get to the restaurant as there is no direct street
leading to it; the owners want to replant and make the area look good.
Mayor Oakes suggested knocking down the dune 2 – 3 feet and replanting smaller plants to
accomplish the goal.
Al Byrum, resident and Board member of Village at Nags Head Property Owner's Association and
Chair of the Landscaping Committee; he introduced Property Manager Emily Lewis, assistant
Courtney Fowler, and current Board member Harry Nash; Mr. Byrum read the statement from the
Village Board of Directors which is attached to and made a part of these minutes as shown in
Addendum “C”.
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Emily Lewis was sworn in by the Town Clerk; Ms. Lewis stated that her understanding was that the
site does not meet the current buffering requirements. In response to Comr. Sadler, she stated that
Elliott Estates is on the east side of the restaurant.
John DeLucia spoke and stated that the eastern buffer is compliant; it was pointed out by Ms. Wyatt
that the eastern buffer of the restaurant is in compliance with the Town Code.
There being no one else present who wished to speak, Attorney Leidy concluded the evidentiary
portion of the Public Hearing at 9:55 a.m.
MOTION: Mayor Pro Tem Gray made a motion to table agenda item #12 concerning the site plan
amendment for Sonic Restaurant until the violation fees have been paid. The motion was seconded
by Comr. Cahoon.
Comr. Sadler suggested that the Village at Nags Head Property Owners Association and the Sonic
applicant should work together as they have in the past to discuss possible reshaping of the dune for
a solution so the business can be seen better from the south.
Comr. Remaley recommended conditional approval of the site plan amendment with violations
resolved/paid.
Comr. Cahoon asked Town staff to do a better job of maintaining the plantings that have been there,
planted by DOT, since 2003.
In response to Mayor Pro Tem Gray, Town Manager Ogburn said that the Sonic outstanding violations
amount to $650.
CONTINUATION OF MOTION: The motion to table the site plan passed 3 – 2 with Mayor Oakes
and Comr. Remaley casting the NO votes.
Mayor Oakes pointed out that after the Sonic Restaurant fines have been paid, the Board of
Commissioners will hear the request again.
Public Hearing to consider a zoning ordinance text amendment submitted by Irvin Blanchard and
Gordon Blanchard to amend Town Code Chapter 48, Zoning, to permit automated ice vending
structures as an accessory use to retail shopping centers within the C-2 General Commercial Zoning
District as well as the Village at Nags Head C-1 Commercial Zoning District
Town Attorney John Leidy introduced the Public Hearing concerning a zoning text amendment to
permit automated ice vending structures as an accessory use to retail shopping centers; the time was
10:05 a.m.
Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:
“Irvin Blanchard and Gordon Blanchard have submitted the attached zoning ordinance text
amendment application, which if adopted would permit the use of automated ice vending structures.
The ice vending structure would be permitted as an accessory use to retail shopping centers located
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within the C-2, General Commercial Zoning District and Community Shopping Malls within the Village
C-1 Commercial Zoning District.
‘Under the provisions of the proposed ordinance automated ice vending structures would be allowed
on the site of an existing shopping center located within the C-2, General Commercial Zoning District
and the Village C-1 Commercial Zoning District. The Village C-1 Commercial District is located on the
west side of US Highway 158 and encompasses the Outer Banks Shopping Mall. Automated ice
vending structures would be for the purpose of vending bagged and bulk ice as well as water. The
vending structures would be unmanned, operated year round, 24 hours a day. Any sales other than
ice and water would be limited to ten percent (10%) of sales. The ice vending structure would be
enclosed, freestanding, have a minimum gross floor area of 75 square feet and incorporate specific
elements for siding and roof structures.
‘Existing shopping centers located within the C-2 General Commercial Zoning District and Village C-1
Commercial Zoning District for which this proposed use would be permitted include:
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Shoppes at 10.5
Surfside Plaza
Croatan Center
Tanger Outlet
Caribbean Corners
Outer Banks Mall
Pirates Quay
Central Square
South Beach Plaza
Satterfield Landing
‘The proposed new zoning ordinance Section 48-374 Automated Ice Vending Structures sets forth the
provisions that would specifically govern the minimum size of the structure, items for sale, days and
hours of operation and parking requirements for the proposed accessory use.
‘The parking standard would be subject to the same standard utilized for the recently adopted Town
Code Section 48-372 Outdoor stands.
‘When located on a site with 50 or more existing parking spaces, no additional parking spaces will
be required. When located on a site with less than 50
parking spaces a minimum of three offstreet parking spaces provided in
accordance with Article V of this chapter shall be required.
‘Under no circumstances would the ice vending machine be allowed to be located on any parking
space(s) required by the existing principal business use in the shopping center. Staff submits that
this standard is adequate however consideration will be given to maintaining drive aisles and fire
lanes given that many patrons may park in front of the vending structure for convenience purposes.
Should this text amendment be adopted and a subsequent site plan is submitted internal traffic flow
will be reviewed by David Ryan, Town Engineer to determine adequate maneuvering for vehicles
towing boats, motor homes, etc.
‘For the purpose of permitted signage within the Town’s C-2 General Commercial District, the
provisions set forth in the current Town Code Section 48-284(2)(b), Wall Signs for Commercial Uses,
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states that wall signage shall not exceed more than twenty (20%) of the exposed finished wall
surface of the structure. This section further states that wall signs cannot be placed on the rear wall
of the structure except for when the building is located on property with frontage on both US 158 and
either NC 12 or Wrightsville Avenue, when the building contains multiple business uses where public
entry to an individual business is limited solely to the rear of the building, and lastly when rear wall
signage is not visible from the street right-of-way and adjoining properties. Subsection (c) states that
principal commercial uses are permitted up to 64 square feet in freestanding signage. Retail
shopping centers are permitted a maximum of 600 square feet of signage for the entire site inclusive
of wall signs, freestanding signs, banners, rooftop signs, window signs, sandwich signs and flag
signs. Staff is unable to determine at this time how much signage will be allotted to this accessory
use. Once the applicant provides a site plan and application staff will review the existing signage at
the shopping center specified to determine how much, if any, is remaining for use by the ice vending
machine. Any proposed signage within the Village C-1 Zoning District must comply with Town Code
Section 48-842(c), Signage within the Village Commercial Districts, including review and approval by
the Village at Nags Head Architectural Review Committee. As stated previously, an inventory of
existing signage at this community shopping mall would be necessary in order to determine available
signage for the proposed automated ice vending machine. It should also be noted that Rosemyr
Corporation, owner and manager of Outer Banks Shopping Mall, may have their own signage
restrictions separate from the Town’s standards.
‘Included in your packet are two photos of automated ice vending machines. The first structure is
located in Plymouth, NC the location of the other structure is unknown however, as you can see,
these structures are typically of metal construction and have mechanical equipment located on top of
them that do not readily lend themselves to concealment.
‘Town Code Section 48-88, Building Exterior Wall Finish, states that the exterior finish material of
buildings located in whole or in part in within 300 feet of U.S. 158, U.S. 64-264, NC 12, or NC 1243
shall not be comprised of more than ten percent (10%) metal siding or metal wall covering material
(see attached ordinance). These automated ice vending structures often times consist of metal siding
therefore, depending upon the location of the structure, it may require another type of siding material
be installed in order to comply with the existing ordinance. Though text amendments are not site
specific you can see from the proposed exterior elevations submitted by the applicants, they are
aware of this requirement and have proposed architectural design elements into the proposed
ordinance element.
‘Land Use Plan Consistency
Though the Land Use Plan does not specifically reference automated ice vending machines the plan
does contain language concerning community appearance as referenced below:
Chapter 16 of the Land Use Plan, Visual and Aesthetic Resources (page 149) and Town Code
Section 48-88 (b) states “the design and architecture of structures built in the town will also
influence the aesthetics of the town and should be viewed as visual resource to be guarded”.
‘Planning Board Recommendation
The Planning Board voted unanimously to recommend adoption of the proposed zoning ordinance
text amendment with consideration given to incorporating architectural design criteria and applying
principal structure setbacks to these automated ice vending structures. The applicants have accepted
this recommendation and incorporated the desired language into their request.
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‘Planning Staff will be available for questions and further discussion.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
In response to Comr. Cahoon, Ms. Wyatt explained that details of the “10% other uses” does not
need to be included in the application.
William Blanchard, applicant; said he had a better photo which will meet Nags Head Town Code; he
is looking at using Central Square which they are aware has ample parking spaces; he will look into
signage after the Board’s decision today.
There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at
10:16 a.m.
Comr. Cahoon spoke in favor of small businesses; this is a self-serve type of business which will not
utilize any employees; she does not want to put anyone out of business - any small convenience
store sells ice and utilizes employees. This request is not an employee-generator which is what the
Town has spoken in favor of.
Comr. Sadler questioned if there was a need for this type of business; she also feels that this use
would only take away from the Town’s existing businesses.
Mayor Pro Tem Gray agreed with both Comrs. Cahoon and Sadler.
MOTION: Comr. Cahoon made a motion to deny the text amendment to allow ice vending
structures as an accessory use to retail shopping centers. The motion was seconded by Mayor Pro
Tem Gray.
Mayor Oakes said that he feels that competition is a good thing but between the aesthetics and the
effect on local businesses, he could not support the requested zoning text amendment.
CONTINUATION OF MOTION: The motion passed unanimously.
Public Hearing to consider zoning ordinance text amendments, submitted by Quible & Associates, P.C.
on behalf of Rebkee Partners Satterfield, LLC to amend Town Code Section 48-167, Required Parking
by Use to reduce the required parking for retail uses and Town Code Section 48-408(b) Permitted
Uses within the C-3 Zoning District to allow open space in support of retail shopping centers in the
adjoining C-2 District
Town Attorney John Leidy introduced the Public Hearing concerning a zoning ordinance text
amendment re: open space in support of retail shopping centers. The time was 10:37 a.m.
Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:
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“David Deel of Quible & Associates has submitted the attached zoning ordinance text amendment
application on behalf of Rebkee Partners Satterfield, LLC. The requested amendment would
accomplish the following:
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Reduce the number of required parking spaces for retail establishments from 1 parking space
per 200 square feet of gross floor area to 1 parking space per 200 square feet of retail area.
In addition one parking space for each employee shall be provided.
Allow property within the C-3 Zoning District when located adjacent to a retail shopping center
within the C-2 Zoning District to be utilized for open space requirements.
‘In the attached application the applicant states the reason for this request is to accommodate the
construction of an additional business upon an existing shopping center site which does not have the
necessary open space and parking to support additional development.
‘Based upon the information below it seems as though the Town’s current ordinance requirements for
retail uses are comparable to or more stringent than those of other municipalities in North Carolina.
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City of Asheville – minimum of 1 space per 350 sq. ft. of gross floor area and maximum of 1
space per 200 sq. ft. of gross floor area plus employee parking.
Elizabeth City – ordinance offers flexibility dependent on general size of items being sold.
Town of Kitty Hawk – minimum of 1 space per 300 sq. ft. of gross floor area plus 1 space per
2 employees.
Town of Franklin – minimum 1 space per 200 sq. ft. of gross floor area with no employee
parking requirement. If 40% of building is storage, inaccessible to public that area can be
calculated at 1 space per 500 sq. ft. of area.
Town of Shallotte – minimum 1 space per 200 sq. ft. gross floor area.
Gates County – minimum 1 space per 200 sq. ft. up to 5,000 gross floor area and minimum 1
space per 400 sq. ft. above 5,000 gross floor area.
City of Brevard – minimum 1 space per 500 sq. ft. of retail space
‘It should be noted that some of the municipalities listed above may allow on street parking thus offstreet parking requirements would be reduced.
‘Planning Staff has spoken to the Police Department and Fire Department regarding any existing
shopping centers within the Town which have had parking problems in the past. Both noted that
Tanger Outlet is problematic on Black Friday but otherwise no major concerns. Farmers Daughter
has had parking problems in the past but none recently.
‘Land Use Plan Consistency Review
Staff finds no inconsistencies between the proposed ordinance and land use plan.
‘Planning Board Recommendation
The Planning Board voted 6 – 1 to recommend adoption of an alternative ordinance which is included
in this packet as “Planning Board Recommended Ordinance”. Under this ordinance the parking
standard for Retail Uses would remain as is however, a new parking standard for “Retail Shopping
Centers with over 25,000 enclosed gross floor areas” would be created based upon “customer
accessible area”. The Planning Board has requested that a definition of “customer accessible area”
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be brought back to them at their December 14th meeting but were comfortable with the ordinance
proceeding as recommended.
‘Staff Recommendation
Staff has no objections to the use of adjoining C-3 Zoned property being utilized for open space
purposed in conjunction with a retail shopping center located within the C-2 Zoning District. This
would have very limited application within the Town currently, only functional for Satterfield Landing
Shopping Center.
‘Planning Staff has concerns with reducing the parking standard for “Retail Uses not Otherwise Listed”
as it would affect all retail uses, not just Retail Shopping Centers therefore Planning Staff
recommends adoption of the Planning Board Recommended Ordinance.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
David Deel, Quible and Associates, representing applicant Rebkee Partners Satterfield, LLC; he stated
that the smaller shops usually have full parking but not the larger stores/shopping centers; he feels
we are paving more than is necessary in Nags Head; preserve C-3 and open space and allow a
shopping center to increase overall lot size while keeping shopping center use in the C-3 district. In
response to Mayor Oakes, he said that lot coverage for C-3 shopping center is just less than 55%.
Brian McNeal with Rebkee Partners Satterfield, LLC; the proposed tenant is a new business to the
entire Outer Banks; he feels it would be very valuable for the Town.
There being no one else present who wished to speak, Attorney Leidy concluded the Public Hearing
at 10:51 a.m.
MOTION: Comr. Sadler made a motion to approve the Planning Board version of the zoning
ordinance text amendment to reduce parking requirements for retail uses and to permitted uses in
the C-3 District to allow open space in support of retail shopping centers in the adjoining C-2 District.
The motion was seconded by Comr. Remaley which passed unanimously.
The ordinance to allow open space in support of retail shopping centers, as adopted, is attached to
and made a part of these minutes as shown in Addendum “D”.
Public Hearing to consider zoning ordinance text amendments, initiated by the Board of
Commissioners, to amend the Dimensional Requirements of all zoning districts within the Town, both
residential and commercial to permit the use of porous paving on the same basis as open face pavers
for increased lot coverage
Town Attorney John Leidy introduced the Public Hearing concerning a zoning ordinance text
amendment to permit porous paving on same basis as open face pavers for increased lot coverage.
The time was 10:52 a.m.
Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:
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“The attached zoning ordinance text amendment, initiated by the Nags Head Board of
Commissioners, would allow the use of porous paving on the same basis as open face paving blocks
for the purpose of allowing increased lot coverage in all zoning districts that currently provide for this
increase in lot coverage in their dimensional requirements. The proposed ordinance would amend
the dimensional lot coverage requirements of the following zoning districts in the same manner:
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R-1 Low-Density Residential District
R-2 Medium Density Residential District
R-3 High Density Residential District
CR Commercial Residential District
C-1 Neighborhood Commercial District
C-4 Village Commercial District
SPD-20 Special Planned Development District
Hotel Overlay District
‘The zoning ordinance does not presently prohibit porous paving. Ordinance Section 48-163(4)(a)
already references and allows the use of porous paving for required parking. But the ordinance does
not list the use of this paving product for allowed increased lot coverage, except for in the C-2,
General Commercial Zoning District. The amendment request specifies that the use of porous paving
would have to meet or exceed the same design properties as the trademark name open face paving
block known as Turfstone. It furthermore sets forth that the required replacement ratio of porous
paving for lot coverage increase would be the same as already specified for the use of open face
paving block. The installation of porous paving would also have to be done by a contractor certified
in the installation of this type of paving system.
‘Site conditions and maintenance requirements are considered critical factors in the use and
effectiveness of porous pavement. While the North Carolina Department of Environment and Natural
Resources, Division of Water Quality (NCDENR-DWQ) does recognize the use of porous paving in
commercial stormwater management applications, their standards and maintenance requirements
reflect the sensitivity of this product to sediment clogging. Examples of this include the requirement
that stable ground cover be maintained in the drainage areas where this product is used, that
concentrated runoff from roofs and other point sources not be allowed directly onto the product, and
even the removal of cut grass clippings from the drainage area, all of which are required in an
attempt to prevent or reduce sediment loads on the permeable pavement that would potentially clog
it and compromise its function or cease it from working altogether. Annual vacuuming of the
permeable pavement is also standard requirement. These installation and maintenance requirements
are enforceable on commercial projects via required state permits, and additionally on commercial
projects and other larger scale developments requiring site plan approval by the Board of
Commissioners per the Town’s Stormwater Management Ordinance (Town Code Chapter 34) and the
requirement of stormwater management facility operation and maintenance agreements that must be
executed. If this product is to be used in predominately residential districts by residential uses, there
is presently no mechanism making future maintenance and functioning of this product binding on the
property owner and enforceable by the town. This could potentially be a problem in the event of
product failure in a residential application.
‘If adopted, the ordinance will accomplish the intended purpose of allowing porous pavement to be
used to increase lot coverage in all noted zoning districts on the same basis as the use of open face
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paving block. Staff submits that the oceanfront environment with its commonly found natural state
of open and unstable ground cover, routine blowing sand, and occasional ocean overwash is not a
suitable location for the use of porous paving. Accordingly, staff recommends that adoption of this
ordinance should not include the amending of the dimensional requirements of the CR District, the
oceanfront R-1 District, or the oceanfront R-2 District for lots located between the oceanfront and
State Highway 1243.
‘As a point of interest, several years ago a retail shopping center was constructed here on the Outer
Banks with portions of the parking area being porous asphalt. While conducting repairs the parking
area was sealed therefore rendering the porous product non functional. I am unsure of how this
specific instance was remedied but should something similar happen to an application within the
Town, commercial or residential, remediation would involve removing the entire pavement system
(because the damage would not be localized to one point) and re-installing the porous pavement in
compliance.
‘On September 21, 2010 the Planning Board originally reviewed this item and expressed concern with
Town staff’s ability to enforce the proper installation and maintenance of this product under the
current ordinance. To address this concern, the Town Engineer suggested language regarding the
specifications for installation and maintenance of porous paving systems. The Planning Board also
recommended reducing the zoning districts in which this product would be allowed so as to restrict
the use of porous paving along the ocean front and in residential zoning districts. These requested
revisions have been made and are included in the Planning Board revised ordinance. Please note that
the dimensional requirements of the C-2, General Commercial Zoning District were amended in
November 2009 to allow porous paving for the purpose of increased lot coverage. The language of
this section has been revised to reflect the comments made by the Town Engineer and for
consistency purposes.
‘An Operation and Maintenance Agreement has been created pursuant to the Planning Boards request
at their October 19, 2010 meeting.
‘Planning Board Recommendation
The Planning Board recommendation is two fold; the Planning Board first recommends denial of the
proposed zoning ordinance text amendment however, if the Board of Commissioners is inclined to
adopt the text amendment the Planning Board recommends adoption of the Planning Board revised
ordinance along with the Operation & Maintenance Agreement.
‘Utilizing the NC Planners Listserv, staff requested other municipalities within North Carolina to relay
any ordinances and/or experiences that their area has had with the use of porous pavement. Staff
also contacted Mr. Robert McClendon, Sustainable Design Specialist with CSI to receive input.
Enclosed in your packet is a compilation of the material and responses received.
‘Planning & Development staff will be present at the meeting for further discussion and questions.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
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In response to Comr. Cahoon, Ms. Wyatt said that there is an agreement for commercial for turfstone
but not for residential.
In response to Mayor Pro Tem Gray, Ms. Wyatt explained that with sediments it may not filter as well
as turfstone which means maintenance would be required such as pressure-washing – there is no
mechanism in place right now to require this maintenance.
Comr. Sadler expressed concern about putting something else out there that will not be working or
that will have issues.
Acting Planning Director Bruce Bortz said that enforcement is definitely an issue; he noted other
issues with porous pavement.
Albemarle and Associates engineer John DeLucia stated that he has seen porous paving having issues
in the beginning with consistency and the heat; porous concrete has different characteristics than
porous asphalt.
Willo Kelly, Outer Banks Homebuilders Association Government Affairs Director; after much discussion
with builders and the many issues with maintenance agreements, etc., it is with hesitation that the
builders fully support the request but there are some concerns with the enforcement/maintenance of
the pavement.
There being no one else present who wanted to speak, Attorney Leidy announced the Public Hearing
closed at 11:09 a.m.
Board members spoke of concerns with this type of pavement and the use of maintenance
agreements.
It was Board consensus to direct staff to bring back a modified ordinance removing the requirement
for a maintenance and monitoring agreement for residential uses – keeping it for commercial uses –
and to allow porous concrete but not porous asphalt.
Mayor Oakes suggested looking at French drains to assist with drainage.
Public Hearing to consider a zoning ordinance text amendment to Town Code Chapter 48, Zoning, to
modify the accessory structure setbacks for replacement of residential HVAC stands
Town Attorney John Leidy introduced the zoning ordinance amendment to modify accessory structure
setbacks for replacement of residential HVAC stands. The time was 11:20 a.m.
Zoning Administrator Kelly Wyatt summarized her memo which read in part as follows:
“It has recently come to staff’s attention that, under many circumstances, residents have difficulty
replacing their Heat Pumps and AC Units on stands that not only meet the required side yard setback
requirement while also meeting the manufacturers recommended separation distance from the stand
to the home (diagram attached).
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‘Dependent on the size, Seasonal Energy Efficiency Ratio (SEER), and manufacturer many Heating,
Ventilating & Air Conditioning (HVAC) units generally require a minimum one foot separation between
the unit itself and the wall of the home as well as a minimum 2 foot separation between units sitting
side by side. The one foot separation is often times difficult to adhere to while also staying within the
5 foot required side yard setback for accessory structures, especially within the R-3 High Density
Residential Zoning District where the side yard setback is 8 feet from the property line. In this
instance, if the home is constructed at the required 8 foot side yard setback the stand must sit a
minimum of 1 foot away, at 7 feet. Typically, the width of a residential HVAC stand varies from a
minimum of 3 feet to a maximum of 5 feet dependent on size. In the case of a 5 foot wide stand
there would then be a 2 foot setback from the stand to the property line, resulting in a 3 foot
encroachment beyond the 5 foot accessory structure setback. Note that this ordinance only pertains
to residential uses and only for the replacement of existing stands. New residential development and
additions which result in an increase of HVAC units must comply with the accessory structure setback.
‘This situation has arisen due to changes made by the federal government with regard to cooling
efficiency standards. In 1992 the minimum cooling efficiency standard for HVAC units installed in
new homes was 10 SEER. In January of 2006 the SEER rate was increased to 13, with this,
manufacturers could not build any more units with less than a 13 SEER rating. The fundamental
difference between a 10 SEER unit and a 13 SEER unit or higher is the overall dimensional size. The
higher the SEER the more coils would be needed to achieve the more efficient SEER rating causing
the high efficiency units to be larger in size. When existing HVAC units are located within an allowed
side yard setback the effect of replacing these units with new higher SEER units often times results in
either a violation of the accessory structure setback; a violation of the manufacturers minimum
required clearance from obstructions; or both.
‘Staff finds no inconsistencies with the proposed ordinance and the Land Use Plan.
‘Planning Board Recommendation
The Planning voted unanimously to recommend adoption of the zoning ordinance text amendment as
presented.
‘Planning Staff Recommendation
Staff recommends adoption of the proposed zoning ordinance text amendment as presented.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
Acting Planning Director Bruce Bortz noted that the item is a result of a State Building Code change.
There being no one present who wished to speak, Attorney Leidy announced the Public Hearing
closed at 11:26 a.m.
MOTION: Comr. Cahoon made a motion to adopt the ordinance amendment modifying the
accessory structure setbacks for the replacement of residential HVAC stands as presented. The
motion was seconded by Comr. Remaley which passed unanimously.
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The ordinance concerning structure setbacks for residential HVAC stands, as adopted, is attached to
and made a part of these minutes as shown in Addendum “E”.
Public Hearing to consider an application for a PARTF grant to build amenities at the Whalebone Park
site
Town Attorney John Leidy introduced the Public Hearing to consider a PARTF application to build
amenities at the Whalebone Park site. The time was 11:25 a.m.
Planner Angela Welsh summarized her memo which read in part as follows:
“During the fall of 2008 the Town purchased the Whalebone Park property with grant funds awarded
by the Parks and Recreation Trust Fund (PARTF) and the Division of Coastal Management (CAMA).
The PARTF grant was awarded with the understanding that a portion of the site would be developed
with parks and recreation facilities. The CAMA grant was awarded with the understanding a portion
of the site would be developed for beach access opportunities i.e. parking. PARTF has opened the
2010-2011 grant cycle and applications are due by January 31, 2011.
‘PARTF
The PARTF grant was awarded with the understanding that we begin development of the site with
parks and recreation facilities within five (5) years of the beginning of the contract date for the
purchase (7/1/2008). Essentially, we do not have to begin development or the park portion of the
site until the early summer of 2013. The Town would be required to match this grant dollar for dollar
and the grant funds would be paid to us as reimbursements.
‘CAMA
As mentioned above, a portion of the Whalebone Park site must be used for public beach access
relating to the Jennette’s pier site.
‘According the CAMA grant requirements, for the purchase, we have 5 years following the acquisition
date of the site (fall 2013) to begin developing the parking area. The Town would be required to
contribute a minimum 15% match.
‘Attached is the conceptual site plan for the Whalebone Park site which was submitted for both the
PARTF and CAMA acquisition grants. While we do not have to follow the conceptual plan exactly all
of the elements need to be seen in the project.
‘During the November 3, 2010 Board of Commissioners meeting the possibility of building a dog park
at the Whalebone park site was mentioned. Dog parks are eligible for PARTF funds however, we
must still incorporate all of the elements on the conceptual site plan we submitted with the
acquisition application. This leaves about 15,000 square feet for a dog park area. The American
Kennel Club recommends at least a 1 acre (43,560 sf) site for a dog park. A portion of it should also
be double fenced to secure dogs who may try to run out when someone enters the park. Dog parks
also require regular pest control as well as a source of water for the dogs to drink. Having patrons
sign liability waivers is also encouraged should they be bitten by a dog while utilizing the park.
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‘Staff has also attached separate site plans showing the site with a dog park and the site with a
walking trail.
‘If the Town decides to apply for a PARTF grant we would be requesting approximately $76,000.00
and would be required to match it with approximately $76,000 (50/50) for the park facilities which
include site preparation, mulch,
park benches, picnic tables, sod and irrigation, perimeter
landscaping and a children’s playground set. Attached is a cost break down which also includes
approximately $7000.00 for fencing for the dog park area.
‘In the future, the Town could then apply for a CAMA grant for the parking portion of the site. We
cannot use PARTF funds for the entire parking area.”
Notice of the Public Hearing was published in the Coastland Times on Thursday, November 18, 2010
and on Thursday, November 25, 2010 as required by law.
There being no one present who wished to speak, Attorney Leidy closed the Public Hearing at 11:35
a.m.
MOTION: Comr. Sadler made a motion to authorize staff to proceed with the PARTF grant
application to build amenities at the Whalebone Park site near Jennette’s Pier. The motion was
seconded by Comr. Remaley.
Mayor Oakes said that he is not sold on a dog park in this specific area but there may be
opportunities in other locations.
CONTINUATION OF MOTION: The motion passed unanimously.
REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING
AND DEVELOPMENT DIRECTOR
Consideration of Land Use Plan
Planner Angela Welsh summarized her memo which read in part as follows:
“The Board of Commissioners reviewed the Draft Land Use Plan at their regular meeting on October
6, 2010 and recommended the Planning Board have more time to review the Plan. At that time, they
also added the following policy under Public Access of the Policy section (p. 104). This policy has
been approved by the DCM Planner.
10. It is the position of the Town that both the wet sand beach and the dry sand beach east of
the first line of vegetation represents public land available for public access and the Town will
actively oppose any action to restrict public access to and across the ocean beach.
Planning Objective:
A. The Town will continue to apply for grants for ocean and sound access sites.
(High Priority)
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B. The Town will not allow or permit any commercialization of the Town’s ocean
beaches (Highest Priority)
C. The Town may acquire oceanfront property when the opportunity arises.
(High priority)
‘The Board of Commissioners also added new language to policy #1 of the Public Access section. The
language is underlined. This has also been approved by the DCM Planner.
1. The Town of Nags Head wishes to maintain a viable beach and to provide substantial
opportunity for public access to the beach. The Town considers both the wet sand beach and the
dry sand beach east of the first line of vegetation to represent public land available for public and
private access and the Town will actively oppose any action to restrict public access to and across
the beach.
‘The Planning Board discussed this item at their October 19, 2010 meeting. At that time, they voted
unanimously to Table the Plan until their November 16 meeting to have more time to review it. On
November 16, 2010 the Planning Board recessed their regular meeting until the November 22, 2010
Joint Board of Commissioners and Planning Board meeting and on November 22 they recommended
approval of the 2010 Land Use plan.
‘During the Joint Board of Commissioners and Planning Board meeting on November 22, 2010 it was
found Planning Objective #1b on page 107 and Planning Objective # 7a on page 113 were in conflict.
Both of those Planning Objectives now read “The Town will consider, on a case by case basis, the
merits of non-government owned package treatment plants. The Town will not provide public
sewage treatment (Priority)”
‘If the Town intends to meet the February 24, 2011 CRC meeting, The Town will need to notify the
DCM Planner no later than December 17, 2010 and the Board of Commissioners will have to adopt
the Plan by January 24, 2010.
‘Staff will be available to answer questions during the meeting.”
MOTION: Comr. Sadler made a motion to adopt the Town of Nags Head Land Use Plan with the
additions/corrections noted by the Board in the recent Board/Planning Board workshop and to adopt
the resolution in support of the Plan as presented. The motion was seconded by Comr. Cahoon
which passed unanimously.
The resolution in support of the Town of Nags Head Land Use Plan, as adopted, read in part as
follows:
“WHEREAS, the Town’s CAMA Core Land Use Plan was financed in part through a grant provided by
the North Carolina Coastal Management Program through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal
Resource Management, National Oceanic and Atmospheric Administration; and
‘WHEREAS, from 2005 through 2010, the Town drafted a Land Use Plan and conducted a series of
public workshops and meetings as part of a comprehensive public participation program under the
leadership of the CAMA Land Use Plan Committee; and
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‘WHEREAS, at their meeting on September 21 2010, the Planning Board considered the draft CAMA
Core Land Use Plan; and
‘WHEREAS, at a duly advertised Regular Meeting on October 6, 2010 the Board of Commissioners
held a public hearing on the draft CAMA Core Land Use Plan and voted to add an additional policy,
revise an existing policy as well as allow the Planning Board more time to review the Plan; and
‘WHEREAS, at the Regular Meeting on Tuesday, October 19, 2010 the Planning Board, again,
considered the draft CAMA Core Land Use Plan and recommended they have more time to review the
Plan and it be heard at their November 16, 2010 regular meeting; and
‘WHEREAS, at the Regular Meeting on November 3, 2010 the Board of Commissioners stated
consideration of the Land Use Plan would be discussed at a Joint Board of Commissioners and
Planning Board meeting on November 22, 2010. The Plan would also be heard at their December 1,
2010 Regular meeting; and
‘WHEREAS, at the Regular Meeting on Tuesday, November 16, 2010 the Planning Board, again,
considered the draft CAMA Core Land Use Plan and unanimously voted to recess their meeting until
the Joint Board of Commissioners and Planning Board meeting on November 22, 2010; and
‘WHEREAS, at the Joint Board of Commissioners and Planning Board meeting on, November 22, 2010
the Planning Board of Nags Head, North Carolina found the policies in the draft CAMA Core Land Use
Plan to be internally consistent and voted to recommend approval of the Draft Plan; and
‘WHEREAS, at the Regular Meeting on Wednesday, December 1, 2010 the Board of Commissioners of
Nags Head, North Carolina found the policies in the draft CAMA Core Land Use Plan to be internally
consistent; and
‘WHEREAS, at the Regular Meeting on December 1, 2010 the Board of Commissioners of Nags Head,
North Carolina found the policies and Future Land Use Map in the draft CAMA Core Land Use Plan to
be consistent with the Town’s desired vision for the future and unanimously approved to adopt the
draft CAMA Core Land Use Plan as amended; and
‘WHEREAS, the adopted Plan will be submitted as required by state law to the Northeast District
Planner for the Division of Coastal Management under the North Carolina Department of
Environmental and Natural Resources and forwarded to the Coastal Resources Commission; and
‘WHEREAS, a review of the adopted Plan by the Coastal Resources Commission will be scheduled;
and the CRC will then vote on certification of the Town’s Land Use Plan; and
‘WHEREAS, a certified 2010 CAMA Core Land Use Plan will be forwarded to the Office of Ocean and
Coastal Resource Management (OCRM) for federal approval.
‘NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of the Town of Nags Head,
North Carolina, has unanimously adopted the draft CAMA Core Land Use Plan; and
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‘BE IT FURTHER RESOLVED that the Town Manger of Nags Head is hereby authorized to submit the
adopted CAMA Core Land Use Plan to the State for certification as described above.
‘NOW, THEREFORE, BE IT RESOLVED on this 1st day of December 2010 that the Town Board of
Commissioners hereby adopts the Town of Nags Heads portion of the Dare County Multi-jurisdictional
Hazard Mitigation Plan.”
Discussion of proposed Recreation Committee
Planner Angela Welsh summarized her memo which read in part as follows:
“During the November 3, 2010 Board of Commissioners meeting it was Board consensus that a
Recreation Committee be formed to create a Parks and Recreation Plan for the Town. An approved
Town Parks and Recreation Plan will make the Town more competitive in receiving future grant funds
through the Parks and Recreation Trust Fund (PARTF) as well as give the Board of Commissioners
guidance in developing the Town’s recreational opportunities for its citizens.
‘One requirement through PARTF for the Parks and Recreation Plan is a citizen survey. During the
2008-2009 budget process Staff requested postage funds to begin crafting a Parks and Recreation
Plan citizen survey. Staff’s request was granted by the Board and in the fall of 2009 the citizen
survey was mailed out to all property owners in the Town. The survey was also made available on
the Town’s website through a program called Survey Monkey. The Survey Monkey program allowed
the respondent to complete and submit the survey online or print the survey and mail the results to
the Town. Copies of the survey were also available at the front counter of the Planning and
Development Department. Staff has attached the survey results for the Board’s review.
‘Steve Moler our PARTF District Representative has suggested the Town appoint 7 members, by
Ordinance, to the Parks and Recreation Committee.
‘Staff has also attached a Draft outline of what the Parks and Recreation Plan must contain in order
for the Town to utilize the Plan when applying for PARTF grant funds. Staff expects it may take 9 to
12 months to develop the Plan. This will include several Public workshops for Public comment.”
Comr. Cahoon suggested that the list include Town citizens representative of younger adults.
Board members spoke in favor of not limiting the group to just the suggested list but to consider a
diverse group of people.
Staff is to advertise looking for volunteers and to not exclude out-of-Town property owners.
Staff is to bring back the revised structure of the proposed Town Recreation Committee for
consideration at the Board’s February 2011 meeting.
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December 1, 2010
MAYOR OAKES – REMAINDER OF AGENDA
Board members discussed the Board meeting afternoon sessions to include the Beach Nourishment
discussion as well as a second Sonic Restaurant discussion.
RECESS FOR LUNCH
The Board recessed for lunch at 11:50 a.m.
RECONVENE FROM LUNCH
The Board reconvened from lunch at 1:30 p.m.
OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS
Sonic Restaurant site plan amendment
MOTION: Comr. Remaley made a motion to revive consideration of the Sonic Restaurant issue –
discussed earlier in today’s meeting but tabled until the associated fees have been paid in response
to Sonic’s notice of violations. A receipt has indicated that the fees have been paid since this
morning’s session. The motion was seconded by Comr. Sadler which passed unanimously.
Mayor Oakes explained that the motion made earlier today was to bring back the Sonic Restaurant
requested site plan amendment after the required fees have been paid in response to the notice of
violations; he reported that the fees have since been paid.
Comr. Remaley noted Al Byrum’s letter which indicated direct violation of the Town’s Land Use Plan;
he does not feel it is in violation at all; what Sonic is asking is not out of the way and he is in support
of the request for a revised site plan.
Mayor Pro Tem Gray said that he feels the amended site plan is in violation of the Town’s Land Use
Plan. He has no problem with the request – the problem is down the road when more of the dune
will be cut back.
Comr. Sadler – she feels the buffer vegetation portion of the Town Code should be reconsidered; the
building has to be seen in order to stay in business and this building cannot be seen from the south.
She does not have a problem with reshaping the dune.
Comr. Cahoon – she is not sure if adopted today, it will accomplish what the applicant wants; she
feels this will be back and/or other businesses will be here asking to reshape their dunes also.
Mayor Oakes – he is concerned also that what is requested will not accomplish the applicant’s
request; the history shows that the applicant has ignored the regulations and he feels shorter plants
should be allowed in this location; this is a dilemma and this is not the best solution; he will not
support the request.
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Comr. Sadler forewarned the applicant to make sure they are within legal rights before taking action.
Mayor Pro Tem Gray said that if the Town enforced its own laws, there would be more respect for the
Town.
MOTION: Mayor Pro Tem Gray made a motion to approve the site plan amendment request from
Sonic Restaurant with the following modifications:
Include the three (3) recommendations from staff as follows:
Provide staff with a copy of the NCDOT Encroachment Agreement.
Replacement plantings shall meet the mature planting height of at least five (5) feet.
Any sand removed during the proposed re-grading must remain within the Village at Nags
Head and those areas where sand is to be placed must be identified.
In addition, vegetation that was removed in the right-of-way is to be replaced;
And the project is to be completed by May 1, 2011.
The motion was seconded by Comr. Remaley which passed 3 – 2 with Mayor Oakes and Comr.
Cahoon casting the NO votes.
Update on Beach Nourishment Project
The Town Manager’s memo concerning an update on the Beach Nourishment Project read in part as
follows:
“I have summarized items for Board consideration that can be further explained in the attached
memo from Dr. Tim Kana:
‘1.
Benthic Monitoring – A condition of our CAMA permit requires that we perform four pre project
samples as well as eight post project. If the Board approves the contract with CZR as recommended,
the remaining two pre project samples will cost $72,800. These four samples need to be taken in
close succession and therefore the remaining two should be taken now whether we are prepared to
nourish in April 2011 or April 2012. We can wait to enter into a contract for the 8 post until a later
date.
‘2.
Financing/Special Assessments – According to our original approximated timeline, we had
hoped we hoped to have had the resolution certifying the petitions approved by November 17, 2010.
As of today (11/24/10), we have the required number of signatures. Including the value of the
town’s property we are short $104,496,550 for the required value.
‘3.
Remaining Cost - Other than the $72,800 for benthic monitoring, Dr. Kana estimates about
$50,000 for some additional surveys and profiles to keep the bid documents current if we do not go
to bid until April 2012. Once we have a project ready for bid which should be by the end of the year,
I think we can rewrite CSE's contract so that it basically puts them on hold minus the survey/profile
work. The cost associated with delaying the project start date until April 2012 would be
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December 1, 2010
approximately $125,000. Recouping this remaining cost would require successful implementation of
the special assessment petition.
‘4.
Easement – Clearly the easement has been a highly publicly scrutinized condition placed on
our CAMA permit. The Mayor, Mayor Pro Tem and I met to shorten it and remove redundant
language. I will be ready to go through this line by line at the next meeting and explain that this
document is required of us to perform this project, to build a profile in the easement area, and that
the easement does change private of public use. The sooner this document gets in the mail, the
better.
‘5.
Maintenance and Monitoring Plan- that plan is attached and has not changed since your last
meeting.”
Award of Benthic Monitoring Project Bid
Town Manager Ogburn summarized the agenda summary sheet which included the benthic
monitoring project bid results and which read in part as follows:
“At the December 1st Board of Commissioners meeting, Town Manager Ogburn will provide an update
on the Town’s Beach Nourishment Project.
‘Benthic Monitoring Project Bid - Public Works Director Dave Clark ranked the benthic monitoring
proposals received, based on demonstrated experience in the required type of sampling/reporting, in
the following order – provided for discussion and bid award:
Pre sampling report
Post sampling report
1 – CZR, Inc.
$72,800
$329,000
2 – Dial Cordy & Associates
$86,640
$333,152
3 – Coastal Planning & Engineering
$11,338/$24,518
$467,811
4 – KCI Associates of NC
$105,810.88
$386,202.28
5 – Quible & Associates
$97,000
$388,000”
‘Beach Nourishment Maintenance Plan – attached letter from Tim Kana, President of Coastal Science
and Engineering (CS&E) dated November 3, 2010 – is provided for Board discussion.
‘Revised resolution – attached resolution in support of the Town’s participation in the Beach
Nourishment – Special Assessment Process - was adopted on November 3rd and is provided for your
re-adoption on December 1st with the following revisions:
‘Modify “properties” in first paragraph to read “residents
Modify “began” in second paragraph to read “has supported
Modify “plans on participating” in fourth paragraph to read “will participate
Modify “does further plan to pay the specified amount” in fifth paragraph to read “commits to pay the
amount assessed on the Town’s properties””
Coastal Planning and Engineering did not respond/provide bid amounts as requested in the Town’s
Request For Proposal. It was pointed out that the bids are good through 2013.
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December 1, 2010
MOTION: Comr. Sadler made a motion to award the contract for the beach nourishment project
benthic monitoring pre-sampling to CZR of Wilmington, NC. The motion was seconded Comr.
Remaley which passed unanimously.
Discussion of Beach Nourishment Maintenance Plan
Town Manager Ogburn summarized Mr. Kana’s memo concerning proposed maintenance plans which
is attached to and made a part of these minutes as shown in Addendum “F”.
Nourishment has to be paid for before the re-nourishment takes place - Suggestion is to go with
Scenario 2 with renourishment implemented in Year 6 as noted below from Dr. Kana’s memo:
“Scenario 2 – Same hurricane impacts but no maintenance performed by the Town after Year 5.
Total volume placed equals 4.6 million cubic yards; 0.0 million cubic yards remaining at Year 16.
‘Year 1
Year 2
Year 3
Year 4
Year 5
Year
Year
Year
Year
6
7
8
9
Nourishment volume remaining
3.4 million cubic yards
Nourishment volume remaining
3.2 million cubic yards
Nourishment volume remaining
3.0 million cubic yards
(post-storm) Nourishment volume remaining
2.0 million cubic yards
FEMA Restoration Grant Provides million cubic yards of renourishment
(permitting period)
1.8 million cubic yards
(~50 percent remaining)
(renourishment implemented)
2.8 million cubic yards
(project bonds paid in full)
2.6 million cubic yards
Nourishment volume remaining
2.4 million cubic yards
Nourishment volume remaining
2.2 million cubic yards”
Mayor Oakes noted that FEMA will only replace sand lost in a storm – he reminded everyone that
FEMA is not a guarantee.
Comr. Sadler said that if the maintenance plan has to have a financing plan with it, she suggested
listing the possible funding sources – occupancy tax, special assessment, ad valorem tax, etc.
Mayor Pro Tem Gray stated that he wishes he could believe in the project as Comr. Sadler does –
people have spoken stating they do not want to use their money for beach nourishment – when do
we listen to the people. Comr. Sadler said that she is basing her belief on what the Town’s beach
consultant, CS&E, has been saying.
Attorney Leidy suggested
maintenance/renourishment.
listing
by
priority
the
funding
sources
to
be
used
for
Town Manager Ogburn pointed out the 2013 expiration date of the special assessments statute.
Staff was directed to draw up a Beach Nourishment Project Maintenance Plan to include
renourishment of the beach at six (6) years - unless 50% or more of the initial nourishment sand
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remains on the beach – if 50% or more of the sand remains on the beach after the initial project,
then renourishment would start when 50% or more is gone. In addition, it was Board consensus to
utilize special assessments and occupancy taxes to fund the renourishment.
Resolution in support of participation in the Beach Nourishment – Special Assessment Process
MOTION: Comr. Cahoon made a motion to adopt the resolution in support of the Town’s
participation in the Beach Nourishment – Special Assessment process as presented. The motion was
seconded by Comr. Sadler.
Attorney Leidy explained that this resolution strengthens the Town’s commitment to participate in the
special assessment process.
CONTINUATION OF MOTION:
NO vote.
The motion passed 4 – 1 with Mayor Pro Tem Gray casting the
The resolution supporting the Town’s participation in the special assessment process, as adopted,
read in part as follows:
“WHEREAS, The Town of Nags Head Board of Commissioners, in response to the need to protect
structures of historic significance, maintain tax and economic base, and protect infrastructure,
including facilities for public recreational access, determined that a beach nourishment project is
necessary and will benefit all residents in the town; AND
‘WHEREAS, Pursuant to such determination and in accordance with the applicable provisions of the
General Statutes, the Board of Commissioners for the Town of Nags Head has supported the Special
Assessment process so that oceanside/oceanfront property owners have a stake in the nourishment
project and will determine the success of the project; AND
‘WHEREAS, The Town of Nags Head owns 46 oceanside beach accesses built and used specifically for
public recreational enjoyment, many of which were re-built or improved since Hurricane Isabel’s
devastation in September 2003.
‘NOW, THEREFORE, BE IT RESOLVED that the Town of Nags Head Board of Commissioners will
participate in the Beach Nourishment Project - Special Assessment process, to protect and preserve
its beach access infrastructure.
‘BE IT FURTHER RESOLVED that the Town of Nags Head Board of Commissioners commits to pay the
amount assessed on the Town’s properties, along with all oceanside/oceanfront property owners, if
the Special Assessment process proves successful. In addition, the Mayor is hereby authorized to
sign the petition on behalf of the properties owned by the Town.”
Beach Nourishment oceanfront easement
Mayor Oakes said that he wants the easement to be very clear – he noted item #3 which indicates
the Town’s opposition to any restrictions to public/private access to/across the beach.
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The easement allows the Town to perform beach nourishment work on property that lies waterward
of the vegetation line, the toe of the dune, or the erosion escarpment of the dune, whichever is most
waterward.
Attorney Leidy explained the property ownership as a result of beach nourishment with a display.
There are no changes as a result of the placement of the beach nourishment project sand.
It was Board consensus that the easement is acceptable to be used and is to be posted on the web
site.
Town Manager Ogburn questioned at what point is the Board comfortable with mailing out the
easements to the oceanfront property owners; Mayor Oakes stated that he wants to wait until the
Special Assessment is in place first.
It was Board consensus to mail the easement to special assessment oceanfront property owners after
the first of the year – beginning in January 2011.
Mayor Oakes asked if the Board wants to consider further restricting/or eliminating beach driving for
the project; Mayor Pro Tem Gray said that the Board needs to address beach pushes at some point.
Coastal Science & Engineering contract
Town Manager Ogburn explained that there would be some CS&E expenses to update
documentation, etc. prior to the actual beach nourishment project begin construction date. The
Town is on a month-to-month contract basis with CS&E. It was Board consensus that discussion of
CS&E contract take place at the first meeting in January 2011.
Reed Fisher, Nags Head property owner; he questioned if an oceanfront property owner loses
anything east of the high water mark – he feels there is very strong indication that there will be a
loss as an oceanfront property owner – there will no longer be direct access to the ocean; the State
has the right to protect the dunes and because of nourishment, they could theoretically build fences,
etc. on the beach.
Attorney Leidy said that there would need to be some legitimate reason to take the property to build
fences, etc.
Mayor Oakes pointed out that the Mean High Water Line is an elevation mark and not a judgment
call.
Mayor Oakes pointed out that a draft of the Beach Nourishment Project Maintenance/Financing Plan
will be forwarded to FEMA for their review/blessing.
Removed from Consent Agenda - Agenda item #9 – Fuel Pump protection at Public Works Dept.
Mayor Oakes expressed concern about the amount of money to meet State requirements.
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Public Works Director Dave Clark summarized his memo which read in part as follows:
“On August 17th, 2010, the Town’s fuel dispensing facilities at Public Works were inspected by an
Environmental Specialist with the NC-DENR, Division of Waste Management, Underground Storage
Tank (UST) Section. This was the first such inspection in several years. Since the previous inspection,
the groundwater protection requirements associated with fuel storage and dispensing systems have
changed significantly. As a result of these changes, the inspector prepared, and sent the town, a
Notice of Violation enumerating the deficiencies that need to be corrected. The Fleet Maintenance
Superintendent contacted East Carolina Petroleum Services, Inc., in Elizabeth City, and had them look
at our pumps and tanks, review the listed deficiencies and prepare an estimate for the required
retrofits. The original estimate contained cost for three persons for 5 days. This was reduced to one
representative of the company with then tow providing the other labor required.
‘With $5,200 eliminated (representing the labor Public Works will provide), the total for all parts and
the remaining labor is $18,911.82. There will be an additional $1,264.17 in North Carolina sales tax,
which the town can receive back from the state. NC-DENR has given the town until January 31st,
2011 to complete this work. The Board is requested to authorize the necessary budget transfer and
execution of the required documents to complete this work.”
It was Board consensus that Mr. Clark research other firms that may be able to provide the same fuel
pump protection at a cheaper cost – for Board consideration at the January 5, 2011 Board meeting.
NEW BUSINESS
Committee Reports
Comr. Remaley – The Government Access Channel Committee meets on Tuesday, December 14th.
Comr. Sadler – The Town 50th Anniversary Committee Opening Ceremony will take place on June 14,
2011 at 10:00 a.m. at the Windmill Point site; vendors and various activities will take place at the site
and the evening events will take place at Jennette’s Pier.
Comr. Sadler – The DCTB is trying to work out the details of the Windmill Point site Memorandum of
Understanding (MOU); the MOU is expected to be ready for re-review in January 2011.
Comr. Sadler – DCTB is to discuss allowing events to take place at the Windmill Point site.
Mayor Pro Tem Gray – The Britthaven/Nursing Home Committee met last week and will meet again
tomorrow, December 2nd – he anticipates some answers by January 2011.
Mayor Oakes – A sandbag stakeholder meeting took place in Beaufort County a couple of weeks ago
– in conjunction with a Coastal Resources Commission (CRC) meeting; the State is prioritizing
sandbag enforcement for those in the public trust area and with uncovered bags; Comr. Cahoon also
attended the sandbag meeting and she said that notices of violation are being sent out again and
most will be sent to South Nags Head. Sandbags that are ripped, uncovered, and under houses that
have been declared nuisances are priorities.
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ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY
Town Attorney John Leidy - Consideration of Code of Ethics Resolution
Town Attorney Leidy explained that he prepared the Code of Ethics resolution from a proposal by
Professor Fleming Bell of the NC School of Government.
MOTION: Comr. Remaley made a motion to adopt the Code of Ethics Resolution as presented. The
motion was seconded by Comr. Sadler which passed unanimously.
The Code of Ethics resolution, as adopted, read in part as follows:
“PREAMBLE
WHEREAS, the Constitution of North Carolina, Article I, Section 35, reminds us that a “frequent
recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty,” and
‘WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina’s state motto, Esse
quam videri, “To be rather than to seem,” and
‘WHEREAS, Section 160A-86 of The North Carolina General Statutes requires local governing boards
to adopt a code of ethics, and
‘WHEREAS, as public officials we as well as the members of other boards of the Town of Nags Head
(“the Town”) are charged with upholding the trust of the citizens of this Town, and with obeying the
law, and
‘WHEREAS, the members of this Board of Commissioners and the members of all other boards of the
Town should all should endeavor to act in a lawful and ethical manner and should use this Code of
Ethics as a guide for acting in such a manner.
‘NOW THEREFORE, in recognition of the blessings and obligations as citizens of the State of North
Carolina and as public officials representing the citizens of the Town of Nags Head, and acting
pursuant to the requirements of Section 160A-86 of the North Carolina General Statutes, we the
Board of Commissioners do hereby adopt the following General Principles and Code of Ethics to guide
the Board of Commissioners and all other boards of the Town in their lawful decision-making.
‘GENERAL PRINCIPLES UNDERLYING THE CODE OF ETHICS
▪
The stability and proper operation of democratic representative government depend
upon public confidence in the integrity of the government and upon responsible
exercise of the trust conferred by the people upon their elected officials.
▪
Governmental decisions and policy must be made and implemented through proper
channels and processes of the governmental structure.
▪
Board members must be able to act in a manner that maintains their integrity and
independence, yet is responsive to the interests and needs of those they represent.
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▪
Board members must always remain aware that at various times they play different
roles:
- As advocates, who strive to advance the legitimate needs of their citizens
- As legislators, who balance the public interest and private rights in considering and
enacting ordinances, orders, and resolutions
- As decision-makers, who arrive at fair and impartial quasi-judicial and
administrative determinations.
▪
Board members must know how to distinguish among these roles, to determine when
each role is appropriate, and to act accordingly.
▪
Board members must be aware of their obligation to conform their behavior to
standards of ethical conduct that warrant the trust of their constituents. Each official
must find within his or her own conscience the touchstone by which to determine what
conduct is appropriate.
‘CODE OF ETHICS
The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the
Board of Commissioners and all other boards of the Town to help determine what conduct is
appropriate in particular cases. It should not be considered a substitute for the law or for a board
member’s best judgment.
‘Section 1. Board members should obey all laws applicable to their official actions as members of the
board. Board members should be guided by the spirit as well as the letter of the law in whatever
they do.
‘At the same time, board members should feel free to assert policy positions and opinions without
fear or reprisal from fellow board members or citizens. To declare that a board member is behaving
unethically because one disagrees with the board member on a question of policy (and not because
of the board member’s behavior) is unfair, dishonest, irresponsible, and itself unethical.
‘Section 2. Board members should act with integrity and independence from improper influence as
they exercise the duties of their offices. Characteristics and behaviors consistent with this standard
include the following:
▪
Adhering firmly to a code of sound values.
▪
Behaving consistently and with respect toward everyone with whom they interact.
▪
Exhibiting trustworthiness.
▪
Living as if they are on duty as elected or appointed officials regardless of where they
are or what they are doing.
▪
Using their best independent judgment to pursue the common good as they
see it, presenting their opinions to all in a reasonable, forthright, consistent manner.
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▪
Remaining incorruptible, self-governing, and unaffected by improper influence while at
the same time being able to consider the opinions and ideas of others.
▪
Disclosing contacts and information about issues that they receive outside of public
meetings and refraining from seeking or receiving information about quasi-judicial
matters outside of the quasi-judicial proceedings themselves.
▪
Treating other board members and the public with respect and honoring the opinions
of others even when the board members disagree with those opinions.
▪
Not reaching conclusions on issues until all sides have been heard
▪
Showing respect for their offices and not behaving in ways that reflect badly on those
offices.
▪
Recognizing that they are part of a larger group and acting accordingly.
▪
Recognizing that individual board members are not generally allowed to act on behalf
of the board but may only do so if the board has taken official action as a body
delegating such authority.
‘Section 3.a. Board members should avoid impropriety in the exercise of their official duties. Their
official actions should be above reproach. Although opinions may vary about what behavior is
inappropriate, this Board and other boards will consider impropriety in terms of whether a reasonable
person who is aware of all the relevant facts and circumstances surrounding the board member’s
action would conclude that the action was inappropriate.
‘Section 3.b. If a board member believes that his or her actions, while legal and ethical, may be
misunderstood, the member should seek the advice of the Town’s Attorney or appropriate board
attorney and should consider publicly disclosing the facts of the situation and the steps taken to
resolve it (such as consulting with the attorney).
‘Section 4. Board members should faithfully perform the duties of their offices. They should act as
the especially responsible citizens whom others can trust and respect. They should set a good
example for others in the community, keeping in mind that trust and respect must continually be
earned.
‘Board members should faithfully attend and prepare for meetings. They should carefully analyze all
credible information properly submitted to them, mindful of the need not to engage in
communications outside the meeting in quasi-judicial matters.
They should demand full
accountability from those over whom the board has authority.
‘Board members should be willing to bear their fair share of the board’s workload. To the extent
appropriate, they should be willing to put the board’s interests ahead of their own.
‘Section 5. Board members should conduct the affairs of the board in an open and public manner.
They should comply with all applicable laws governing open meetings and public records, recognizing
that doing so is an important way to be worthy of the public’s trust. They should remember when
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they meet that they are conducting the public’s business. They should also remember that local
government records belong to the public and not to board members of their employees.
‘In order to ensure strict compliance with the laws concerning openness, board members should
make clear that an environment of transparency and candor is to be maintained at all times in the
governmental unit. They should prohibit unjustified delay in fulfilling public records requests. They
should take deliberate steps to make certain that any closed sessions held by the board are lawfully
conducted and that such sessions do not stray from the purposes for which they are called.”
Discussion of request from Dare County to participate in funding for future appeals to NC Dept of
Insurance re: beach insurance litigation
The agenda summary sheet information concerning beach insurance litigation read in part as follows:
“On December 1st, Town Attorney John Leidy will discuss with Board members the request from Dare
County Manager Bobby Outten concerning a financial commitment to allow filing of a petition for
review to the Supreme Court to appeal the beach insurance litigation decision. Attached please find
an email from Mr. Outten to Town Manager Ogburn regarding this issue.”
MOTION: Comr. Sadler made a motion to authorize the Town’s participation in funding (in the
amount of $2,000) future appeals to the NC Dept of Insurance for beach insurance litigation. The
motion was seconded by Comr. Remaley which passed unanimously.
Update on Attorney General’s opinion on recent amendments to personnel records statute
Town Attorney Leidy summarized recent amendments to the State personnel records statute as
follows:
“As you may recall, the School Board Association made a joint request of the Attorney General for an
opinion regarding the scope and application of the new personnel records requirements. We have
finally received a response to that request, in the form of a letter directed to the Director of the State
Office of Personnel (who joined in and signed the request). A copy of that letter is enclosed. This
letter has clarified some things although I do not agree entirely with some of the opinions expressed.
The highlights are:
1.
The Attorney General has confirmed that the statute creates a new requirement that a written
notification of the reasons for dismissal be prepared in case of each termination. This is applicable to
all dismissals occurring after October 1, 2010. Fortunately, the Attorney General determined that this
requirement was not retroactive, so that there is no requirement to create documents for dismissal
which predated October 1.
2.
To the extent that a written notice of the reason for the dismissal of an employee currently
exists for dismissal that occurred anytime before October 1, 2010, this document is also a public
record.
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3.
You must now create and maintain a record which constitutes a general description of the
reasons for each promotion after October 1, 2010. This document is subject to public inspection.
4.
Employers do not have to create records explaining the reasons for promotions of employees
that occurred prior to October 1, 2010. However, if you currently have records that include the
information concerning promotions that occurred anytime, including before October 1, 2010, these
must now be made available for inspection in accordance with the amended statute.
5.
Because an employee has certain due process rights regarding the disclosure of personnel
information, it may become necessary to provide a name-clearing hearing to an employee before the
notice of dismissal is provided to the public. This requirement has always existed, but has rarely if
ever been triggered in the past because we have treated information concerning a dismissal as
confidential and have not released it to the general public under any circumstances.
Although the opinion letter is written to address the specific provisions of the State Personnel Act,
there is no reason to believe that there is any difference in application for this corresponding
provisions of the statute governing disclosure of your employees’ personnel information. I will be
glad to discuss this is further detail.”
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER
Town Manager Ogburn – New Police Officer at Outer Banks Hospital
Police Chief Brinkley reported that he attended today the swearing in of Police Officer Lt Craig Gariss
(retired State Trooper) for the Outer Banks Hospital. He explained that today’s swearing in of Officer
Gariss is coming on line with the University Health Systems and other hospitals. Chief Brinkley noted
that he anticipates no conflict with the Town’s patrol officers.
Town Manager Ogburn – Repaving of Highway NC 12
Town Manager Ogburn reported that February 13, 2011 is the start date for the DOT project to
repave Highway NC 12. It is anticipated that the road will be closed approximately three (3) weeks
and during that time travel will be detoured to SR 1243 (S Old Oregon Inlet Road).
Fire Chief Kevin Zorc reported on potential problems: problems if SR 1243 has ocean overwash may
necessitate NC 12 being re-opened in one lane if necessary. Dare County EMS needs to know when
the road is closed.
Comr. Sadler emphasized the importance of getting the word out about the
closing and the detour.
Town Manager Ogburn – NC Dominion Power routine vegetation maintenance
Town Manager Ogburn reported that NC Dominion Power will soon begin the routine vegetation
maintenance cycle of clearing/cutting in the right-of-way. The maintenance will begin in Kitty Hawk,
enter the bypass at the YMCA and go all the way to Oregon Inlet.
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Town Manager Ogburn – Thank you to Town Staff
Town Manager Ogburn thanked staff for their hard work during the month of November. He stated
that the Planning Dept had six (6) Public Hearings to prepare for which were held today; staff
responded to a northeaster storm right around the Veterans Day holiday; Public Works staff did an
excellent job getting ready for the Thanksgiving holiday weekend; Public Safety represented the
Town well during the OBX Marathon events; Town Manager’s Office has been working on the beach
nourishment special assessment petition process and have had a lot of contact with property owners;
Administrative Assistant responded to inquiries concerning the special assessments; and
Administrative Services staff worked diligently on the recent annual audit. Town employees are
looking forward to the Town Christmas Party.
Town Manager Ogburn - Request for Closed Session to consider acquisition of real property IAW GS
143-318.11(a)(5)
Town Manager Ogburn requested a Closed Session to discuss possible acquisition of real property.
BOARD OF COMMISSIONERS AGENDA
Mayor Pro Tem Gray – Thank you to Zoning Administrator Kelly Wyatt
Mayor Pro Tem Gray thanked Zoning Administrator Kelly Wyatt who has been with the Town for five
(5) years and he appreciates all her efforts.
Mayor Pro Tem Gray – Notice of Violations
Mayor Pro Tem Gray said that he would be bringing forward under his agenda at the next Board of
Commissioners meeting a policy that would prevent applications from being considered by the Board
of Commissioners until all associated Notice of Violations (NOV’s) have been paid.
Comr. Cahoon – NCBIWA Conference and NFIP Comment
Comr. Cahoon stated that at the recent NC Beach and Inlet Waterways Association Conference a
representative from the National Flood Insurance Program (NFIP) spoke. Comr. Cahoon asked staff
to draft comments on the NFIP concerning the lack of federal funds and nuisance structures for
submittal.
Comr. Cahoon – LUP Public Comment
Comr. Cahoon reported that there are upcoming CAMA updates to the Land Use Plan and she
suggested that staff closely review these updates.
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Comr. Cahoon – Executive Order 70
Comr. Cahoon reported that Governor Perdue issued Executive Order 70 – Rules Modification and
Improvement Program – requiring that State regulatory agencies comply with several things prohibits
rules/regulations that cannot be enforced or are onerous.
Town Manager Ogburn pointed out that Tankard Miller from DCM spoke at the NCBIWA Conference
re: sea level rise and is scheduled to speak to the Planning Board at its January 2011 meeting.
Comr. Sadler – Buffering/Landscaping Requirements
Comr. Sadler asked staff to look at a different thought process concerning plantings and “softening”
the buffering requirements; include clearly defined differences between buffering and landscaping
plantings.
This information/proposal is to be presented at the February 2011 Board of
Commissioners meeting.
Comr. Sadler – Parking for Event Centers
Comr. Sadler said that now is the time to start looking into parking requirements for event centers –
in preparation for a proposed convention center at the Windmill Point site – she suggested that
Planning staff look into Wilmington and other cities that have event centers.
Comr. Sadler – Resolution in support of commercial fishermen
Comr. Sadler read from a resolution recently adopted by Dare County entitled Resolution In
Opposition Of Catch Share Programs. She is concerned that commercial fisherman are falling on hard
times because of all the federal requirements being placed on them. The resolution opposes catch
share programs and supports efforts to stop National Oceanic and Atmospheric Administration
(NOAA) funding for these types of programs that threaten the future of commercial fishing on the
Outer Banks. Staff is to prepare a similar resolution for consideration at an upcoming Board of
Commissioners meeting.
Comr. Sadler – Thanked three (3) citizens for work on Beach Nourishment Project petition
Comr. Sadler thanked three Town residents: Dick Murphy, John Ratzenberger, and Marvin Demers
for trying to bring the facts of the Beach Nourishment Project to those in the Special Assessment
area. Comr. Sadler encouraged those to sign who have not yet signed petitions.
Comr. Remaley – Employee Market Adjustment
MOTION: Comr. Remaley made a motion to provide a market adjustment for each Town employee
in the net amount of $75. The motion was seconded by Comr. Cahoon which passed unanimously.
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MAYOR’S AGENDA
Mayor Oakes – Proposed upcoming NC Dominion Power Rate Increase
Mayor Oakes read the draft letter to NC Dominion Power from the Town concerning the upcoming
proposed rate increase.
It was Board consensus to authorize the Mayor to sign the letter to NC Dominion Power which
indicates that the Town will not be signing a resolution opposing the upcoming Dominion Power rate
increase as it will actually mean decreased bills for residential customers.
CLOSED SESSION
MOTION: Comr. Sadler made a motion to enter Closed Session to discuss the acquisition of real
property – Carolinian Colony Lot 36R – in accordance with GS 143-318.11(a)(5). The motion was
seconded by Comr. Remaley which passed unanimously. The time was 4:47 p.m.
OPEN SESSION
The Board re-entered Open Session at 5:00 p.m. Town Attorney Leidy reported that during Closed
Session the Board discussed and gave direction to the Town Manager concerning the acquisition of
real property.
COMR. REMALEY – WILL NOT BE PRESENT AT JANUARY 5, 2011 BOARD MEETING
Comr. Remaley noted that he would be out of Town and unable to attend the January 5, 2011 Board
of Commissioners meeting.
ADJOURNMENT
MOTION: Mayor Pro Tem Gray made a motion to adjourn. The motion was seconded by Comr.
Remaley which passed unanimously. The time was 5:02 p.m.
_______________________________
Carolyn F. Morris, Town Clerk
Approved:
__________________________
Mayor:
__________________________
Robert O. Oakes, Jr.
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