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DRAFT TOWN OF NAGS HEADBOARD OF COMMISSIONERS

REGULAR SESSIONJune 2, 2004

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 9:00 a.m. on Wednesday, June 2, 2004.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem Brant Murray; Comr. Anna SadlerComr. Wayne Gray; Comr. Bob Oakes

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Ike McRee; Kim Kenny; Kevin Zorc; Ocean Rescue Director Don Hutson; 2004 lifeguards; Charlie Cameron; Wayne Byrum; Tim Wilson; Bruce Bortz; Andy Garman; Courtney Gallop; Dave Clark; Ray Midgett; Dee Johnson; Kim Allen; Gina Elko; Chuck Blazek; Dave Masters; Billy Rose; Gary Pennington; John Thayer; Charlotte Owens; Brian Cauthren; Bill Owen; Dillard Horton; Judy Horton; Delores Nichols; Brenda McSweeney; Julie Eason; Sharon Shenk; Tom Shenk; and Town Clerk Carolyn Morris

Mayor Muller called the meeting to order at 9:00 a.m. followed by a moment of silent meditation and the pledge of allegiance.

Introduction of 2004 Season Lifeguards

Ocean Rescue Director Don Hutson introduced the 2004 season lifeguards to Board members. Each lifeguard individually identified themselves.

On behalf of the Board, Mayor Muller thanked all lifeguards and Mr. Hutson and wished them well during the upcoming summer.

Audience Response - David Masters

Dave Masters, Nags Head resident, addressed today’s agenda item concerning Personnel Grievance Board issues; he feels the Town Manager’s memo does not address all issues of concern by the Personnel Grievance Board such as the grievance/disciplinary database which if not presented to the Grievance Board members on a regular basis then should be provided to the Grievance Board prior to any hearing; not all memo attachments are provided; he agrees with the checkbox addition; he agrees with the allowance of employees to authorize the Grievance Board to view the Town Manager’s final decision; he has no issue with signing a confidentiality statement; as the Grievance Board chair, he believes in open meetings and does not want the Board of Commissioners to keep him from having open meetings; he would like to see the Personnel Policy expanded to clearly define the duties and responsibilities of the Grievance Board; he also suggested that the terminology used be consistent.

DRAFT Nags Head Board Meeting MinutesJune 2, 2004

Audience Response - David Masters

Dave Masters, Nags Head resident, spoke concerning the recent FY 04/05 budget workshops; he feels that staff did a good job of compiling the data and he appreciated the tracking through the use of line item numbers; he hopes that there are enough funds to eliminate the proposed tax increase and maybe even to decrease the tax rate.

Audience Response - Chuck Blazek

Chuck Blazek, Nags Head resident; he has concerns about paying for beach nourishment; he is not speaking for or against beach nourishment; his concern is how the Town is going to pay for it with the loss of federal funding; feels public needs more information concerning the scope of the project and the burden of the project that will be placed on the community which could have major impacts on rentals, taxes, etc.; other options need to be considered if the project does not take place; he finds it hard to support the resolution being proposed later in today’s meeting for a 1% increase in Land Transfer Tax without the appropriate public hearings.

Mayor Muller stated that beach nourishment issues brought forward during Audience Response will be discussed later in today’s meeting under that agenda.

Comr. Sadler stated that the Personnel Grievance Board concerns brought forward during Audience Response will be discussed later in today’s meeting under that agenda.

Recognition of employees with years of service

On behalf of the Board, Mayor Muller thanked Gina Elko, Kim Allen, and Ray Midgett for their years of service with the Town. Mayor Muller read each Certificate of Recognition.

MOTION: Comr. Sadler made a motion to approve the Certificate of Five-year Recognition for Firefighter Gina Elko. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Mayor Muller presented the Certificate to Ms. Elko.

MOTION: Comr. Oakes made a motion to approve the Certificate of Ten-year Recognition for Code Compliance Officer Kim Allen. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Mayor Muller presented the Certificate to Mr. Allen.

MOTION: Mayor Pro Tem Murray made a motion to approve the Certificate of Fifteen-year Recognition for Water Service Technician Ray Midgett. The motion was seconded by Comr. Sadler which passed unanimously.

Mayor Muller presented the certificate to Mr. Midgett.

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Introduction of New Employees

Public Safety Director Charlie Cameron introduced Dee Johnson who began work with the Public Safety Dept. as Office Assistant on May 10, 2004.

On behalf of the Board, Mayor Muller welcomed Ms. Johnson to Town employment.

Consent Agenda

The Consent Agenda consisted of the following items:

- Consideration of transfer of water improvements for South Nags Head Water Tank from Nags Head Leasing to Town Water Fund

- Consideration of Budget Adjustment #11 to FY 03/04 Budget- Consideration of Tax Adjustment Report- Consideration of lease/purchase resolution for capital purchase financing- Consideration of write-off of uncollectible water accounts receivable- Consideration of resolution authorizing the Nags Head Surf Fishing Tournament

October 6 – 9, 2004- Consideration of ordinance to adopt/enact the recodified Town Code of Ordinances - Consideration of updates/additions to the Town Personnel Policy- Request for public hearing to consider proposed amendments to Town Code Sections 22-832(f) and 22-834(f) pertaining to new design element "coastal watch tower" for Village architecture development points – from March 3, 2004, Board meeting- Request for public hearing to consider proposed amendments to Town Code Section 22-402 to regulate the cutting and trimming of required vegetative buffers- Request for public hearing to consider proposed amendments to Town Code Section 22-153 to regulate the number of flags permitted on commercial properties- Request for public hearing to consider the rescinding of Town Code Section 22-114 pertaining to condominium ownership conversion

MOTION: Comr. Oakes made a motion to approve the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

The memo dated May 25, 2004, concerning the transfer of water improvements for South Nags Head Water Tank from Nags Head Leasing to the Water Fund, as approved, read in part as follows:

"Many years ago Nags Head Leasing was formed to facilitate acquisitions and financing for various necessary assets of the Town. Nags Head Leasing acquired and financed water system improvements in South Nags Head in 1990. The debt on these assets has long since been paid off and the assets have simply remained under the ownership of Nags Head Leasing.

'It is appropriate at this time to have the Town, through its Water Fund, acquire these system improvements. In order to facilitate the accounting treatment, these assets will be purchased at their net book value. The funds to make this purchase will come from Water

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Fund balance. Once the “sale” has taken place, then the proceeds will be transferred back to the Town."

A copy of Budget Adjustment #11, 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 resolution for the lease/purchase of capital items, as adopted, read in part as follows:

"WHEREAS, the Town of Nags Head through its Mayor, with the consent and approval of the Board of Commissioners, has entered into a contract with RBC Centura for the purchase of capital items to include:

'- Replacement pick-up trucks in Planning, Public Works Administration, Public Works Facility Maintenance, Animal Control, Ocean Rescue, and Water Distribution- Fire Division - Replacement of utility truck, brush truck, SUV, and thermal imaging equipment- Police Division – Two Police (2) vehicles- Public Works Sanitation – Recycling trailer- Ocean Rescue – Four (4) ATV's and a defibrillator- Administrative Services/various other departments – Computer hardware and software

'WHEREAS, the said contract, bearing the date _______________ qualifies as a tax-exempt obligation of the Town, pursuant to the Internal Revenue Code of 1986.

'NOW, THEREFORE BE IT RESOLVED, that the Nags Head Board of Commissioners authorizes the aforesaid contract, bearing the date ___________ by and between the Town of Nags Head and RBC Centura together with the amount to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986."

The memo dated May 26, 2004, from the Water Services Coordinator, as approved, concerning the write-off of uncollectible water accounts, as approved, read in part as follows:

"At this time it is requested that the BOC approve the write-off of all accounts currently considered to be uncollectible. A detailed list of these accounts is attached.

'The requested write-off is $405.99 for fiscal year 2003/2004.

'Also, attached is a list of accounts of $50.00 or less that will be written off in June 2004 in the amount of $246.54.

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'As in the past, if circumstances should change for any of these accounts, every effort will be made to recover the bad debt."

The resolution authorizing the 2004 Nags Head Surf Fishing Tournament, as adopted, read in part as follows:

"RESOLUTION REGARDING THE ISSUANCE OF BEACH DRIVING PERMITS FOR THE NAGS HEAD SURF FISHING TOURNAMENT TO BE HELD OCTOBER 6 - 9, 2004

'WHEREAS, the Nags Head Surf Fishing Club is sponsoring its annual Nags Head Surf Fishing Tournament on October 6, 7, 8, and 9, 2004; AND

'WHEREAS, in accordance with Section 5-63 (b)(3) of the Nags Head Code of Ordinances, the Nags Head Surf Fishing Club submitted a request on May 19, 2004, for the Town of Nags Head to issue 282 (3 per team plus 42 for judges and scorers) short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament.

'NOW, THEREFORE BE IT RESOLVED by the Town of Nags Head Board of Commissioners that the Town of Nags Head is pleased to offer its assistance for the Nags Head Surf Fishing Tournament again this year.

'BE IT FURTHER RESOLVED as follows:

'1. The Town Clerk is authorized to issue 282 short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament to be held Wednesday, Thursday, Friday, and Saturday, October 6, 7, 8, and 9, 2004.

'2. These special permits will be valid for a four-day period from Wednesday, October 6, 2004, through Saturday, October 9, 2004.

'3. Only three (3) shall be allowed per team fishing in the tournament.

'4. The Nags Head Surf Fishing Club is responsible for the distribution of all short-term beach driving permits for the 2004 Nags Head Surf Fishing Tournament. No short-term permits for the tournament will be issued by Staff at Town Hall.

'5. The name of the team and town to whom a permit is issued shall appear on each permit.

'6. Prior to the start of the tournament, the Nags Head Surf Fishing Club shall provide the Nags Head Town Clerk with a list showing the team name or tournament official and the numbers of the permits issued to each.

'7. A pamphlet (to be provided by the Town) on Regulations Governing Beach Vehicular Traffic in the Town of Nags Head shall be supplied with each permit distributed by the Nags Head Surf Fishing Club.

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'8. Each permit shall be displayed on the inside front windshield on the passenger side of the vehicle, even if a normal Nags Head Beach Driving Permit is already displayed.

'9. All three short-term beach driving permits MUST be in the possession of the team at all times. The permits are not transferable.

'10. The Town of Nags Head Beach Driving Ordinance is to be strictly enforced by the Nags Head Police Department.

'11. Should the weather or high tide call for the closure of the beach or a section of the beach, the Town Manager will close the beach."

A copy of the ordinance to adopt/enact the recodified Town Code of Ordinances, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”.

The memo dated May 18, 2004, concerning updates/additions to the Town Personnel Policy, as approved, read in part as follows:

"The following items of update/addition to the Town’s Personnel Policy are presented for your consideration and approval. All of these items with the exception of some of the Essential Personnel designations have been recommended by the Personnel Committee. The addition of the Town Clerk, Administrative Assistant/PIO, Planner and Water Superintendent to the Essential Personnel listing arises from the Town’s Hurricane preplanning discussions.

'Add to Article VII, Section 19, Part C, Essential Personnel and Cancellation of Previously Planned ActivitiesThe Town Manager will review on a case by case basis, situations where an employee classified as Essential Personnel, or personnel requested in writing by their Department Head, is required to remain available to the Town during a State of Emergency, and said employee must cancel previously planned activities that may result in the forfeiture of refunds, deposits, or cancellation fees. The employee must demonstrate that every possible avenue has been exhausted to seek reimbursement, receive a credit, or reschedule the activity. If necessary the Town will assist the employee in their endeavors. After all avenues have been exhausted, the employee may apply in writing to the Town Manager for a reimbursement of forfeited funds.

'Add to Article VI, Section 6. Substance Abuse and Controlled Substances5. Relief from Duty – An Employee may be placed on administrative leave for the balance of the work shift when tested under Section 2) Post Accident or Incident. When tested under Section 3) Reasonable Suspicion, an employee may be placed on administrative leave pending the outcome of the test results.

'Add to Article VI, Section 7. MVR ChecksAll Town employees and new hires, as a condition of employment, will be subject to a motor vehicle record (MVR) check performed by the Nags Head Police Department. This check will be performed upon a conditional offer of employment, or in the case of a current employee, during their annual review process. MVR checks that indicate excessive moving

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violations may be grounds for disciplinary action or may result in revocation of a conditional offer of employment.

'Excessive will be defined as follows in an Administrative policy to allow for ease of update (borrowed from the Town of Cary):1. Three or more accidents while driving or responsible for a Town vehicle or Town equipment in the last 3 years.2. One or more Type A violations in the last 3 years.3. Four or more Type B violations in the last 3 years.4. Any combination of accidents involving Town vehicles/equipment and Type B violations which equal 4 or more in the last 3 years.

'Type A Violationsa. Driving while intoxicated.b. Driving under the influence of drugs.c. Negligent homicide arising out of the use of a motor vehicle (gross negligence).d. Driving during a period of suspension or revocation.e. Using a motor vehicle for the commission of a felony.f. Aggravated assault with a motor vehicle.g. Driving a motor vehicle without the owner’s authority (grand theft).h. Permitting an unlicensed person to drive.i. Reckless driving.j. Speed contest.k. Hit and run driving.

'Type B ViolationsAll moving violations not listed as Type A violations.

'Update to Article VI, Section 11. Surrender of PropertyRecords will be kept of all issued equipment, supplies and uniforms. An employee who is suspended, discharged, retires, or resigns will be required to return all town owned equipment, supplies and uniforms. Final pay will be held and or docked for failing to return all issued equipment, supplies and uniforms in appropriate condition.

'Employees will be provided a current list of the town owned property that should be in their possession upon next re-issuance of the personnel policies.

'Update to Article VII, Leaves of Absence, Section 6. Calculation of Holiday Leave, Vacation Leave, and Sick Leave.Formula incorrect under calculation of leave hours, c) Should be 1.5 x 10 = 15 hoursThis corrects a typographical error.

'Add to Article VII, Leaves of Absence, after Section 12. Outside Employment during Sick, Disability or Workers’ Compensation Leave. Outside employment while on any type of personal sick leave within a 24 hour period of the start of the work shift, or without written release from a physician is prohibited. Outside employment while on disability or Workers’ Compensation leave is prohibited except to the extent of the physician’s release for limited duty and with the Town Manager’s approval. Employees found to be in violation of this policy may be subject to disciplinary action up to and including suspension, demotion or dismissal.

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'Update to Article VII, Section 19. Evacuations, Part B, Essential Personnel, Public WorksPublic Works: Public Works Director, Deputy Public Works Director/Public Facilities Maintenance Supervisor, Water Distribution Supervisor, Fleet Maintenance Supervisor, Sanitation Supervisor and Sanitation Foreman. Administration: Town Clerk, Administrative Assistant/PIOPlanning: PlannerWater Operations: Water Plant Superintendent

'Add to Article VIII, Section 5. Notice to Board of CommissionersThe Town Manager shall provide oral or written notice of every suspension, demotion, dismissal or disciplinary probation, to the Board of Commissioners in a timely manner.

'The Personnel Committee was requested to expand this language to include disciplinary probation.

'The Personnel Committee will meet again in June 7, 2004 to finalize its suggested wording for the definition of probationary period as well as its recommended version of the mission statement/purpose of the Personnel Grievance Board."

PUBLIC HEARINGS

PUBLIC HEARING to consider vested right/site plan application for a proposed BB&T Bank facility at 105 Seachase Drive

Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development memo dated May 25, 2004, which read in part as follows:

"(The applicant has revised the proposed entrance off of Seachase Drive. It would not impact the landscaped Seachase Drive traffic island. Other than the entrance revision, the attached application is essentially unchanged from when the Board of Commissioners considered it on April 7, 2004.)

'Albemarle Engineering, representing William and Maureen Blakemore, has submitted the attached site plan/vested right application for the construction of a 3,855 square-foot bank with an attached drive-through canopy and depository. The 1.13-acre site is located at the southwest quadrant of the Seachase Drive-US 158 intersection. The site is unimproved at this time and is located in the Village Commercial 1 District within the SPD-C Zoning District. The eastern boundary of the site abuts the Blakemore medical practice.

'Financial institutions are a permitted use in the Village Commercial 1 district however the site plan will undergo a public hearing with the Board of Commissioners since the applicant opted to submit the site plan as a vested right application (vesting preserves the approval of the site plan for 2 years affording an applicant 2 years to begin construction.)

'The Town engineer has approved internal site circulation, and site ingress and egress. Lot coverage complies with the applicable sections of the Zoning Ordinance as shown on the site plan. Fire protection, Public Safety, and Public Works issues have been addressed. Final approval of stormwater management plans for the site is required prior to issuance of a

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building permit. Setbacks, vegetation preservation, lighting, and buffers comply with the applicable sections of the Zoning Ordinance. Any signage shown on the building at this stage is illustrative only and subject to separate reviews and permits.

'Seachase Drive:The attached site plan proposes an entrance to the site from the south side of existing Seachase Drive in addition to a proposed entrance and exit from US 158. The applicant has responded to the Town’s opposition to severing the traffic island to facilitate access to the subject property. As the site plan now shows, the applicant’s proposed entrance off of the south side of Seachase Drive would not impact the Town’s traffic island. While it is staff’s opinion that an internal connection to the site from the adjacent Blakemore lot would better serve the Town; staff, the Public Safety Director, and the Town Engineer can support the proposed entrance shown on the plan.

'Planning Board Recommendation:At their regular meeting of May 18, 2004 the Planning Board members discussed the attached vested right application. They noted the revised entrance off of Seachase Drive and indicated that they were pleased to see that the Town’s Seachase Drive traffic island unaffected. The Planning Board member voted unanimously to recommend approval of the application as presented.

'Staff Recommendation:The Planning and Development staff recommends that the attached site plan/vested right application be approved as presented. 'Because the site plan under consideration is a vested right application, the Board of Commissioners shall make affirmative findings of the following:1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.The proposed plan meets the requirements of the Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town as said facilities and capabilities would exist on the completion date of the conditional use for which the application is made.Please refer to the attached memorandum from the fire department."

Notice of the public hearing was published in the Coastland Times on Thursday, May 13, 2004, and on Sunday, May 16, 2004, as required by law.

Mayor Muller announced the public hearing open at 9:39 a.m.

There being no one present who wished to speak, Mayor Muller announced the public hearing closed at 9:39 a.m.

Chief Cameron, was sworn in by the Town Clerk; Mayor Muller questioned if there are any issues with vehicles turning into Seachase Drive and performing a U-Turn at the island. Mayor Muller is concerned about the safety of this area; he feels there is a better design.

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Chief Cameron explained the location of where the island would be cut which would allow a better radius when exiting Food Lion.

Comr. Sadler suggested a "No Left Turn" sign out of the bank parking lot onto Seachase Drive.

Mayor Muller feels the site plan complies with the ordinance but does not want to approve it for two (2) years as a vested right as he does not feel the design is the safest.

Mayor Pro Tem Murray does not feel the design is the safest and he expressed his concern that the bank is to be located adjacent to the neighborhood and does not facilitate neighborhood ease of ingress and egress.

Comr. Gray said that he has no issues with the design of the site.

Comr. Oakes stated that the site plan complies with the ordinance.

MOTION: Mayor Muller made a motion to approve the BB&T Seachase Drive site plan as presented. The motion was seconded by Comr. Sadler which passed 4 - 1 with Mayor Pro Tem Murray casting the NO vote.

MOTION: Comr. Sadler made a motion to make the following findings of fact:

- That the applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances,

- That the use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted,

- That the use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town as said facilities and capabilities would exist on the completion date of the conditional use for which the application is made,

And to approve the vested right for the BB&T Seachase Drive site plan. The motion was seconded by Comr. Gray which passed 3 - 2 with Mayor Muller and Mayor Pro Tem Murray casting the NO votes.

PUBLIC HEARING to consider vested right/conditional use application for proposed Town of Nags Head Public Works Complex water tank

Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development memo dated May 25, 2004, which read in part as follows:

"Water demand continues to increase in The Town of Nags Head. To respond to this need, the Town has filed the attached conditional use/vested right application to construct an elevated water storage tower (with associated parking) at the existing Lark Street Town Public Works facility. The water tower, if approved, would be located in the south western corner of the property. The entire 3.9-acre site is comprised of two lots of record which must be recombined into one (1) lot of record prior to issuance of a building permit. A note to this effect is included on the site plan.

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'The subject site is located in the C-3 Commercial Services Zoning District where municipal facilities are allowed as a conditional use in accordance with Section 22-353 of the Town of Nags Head Zoning Ordinance. The Town has opted to file the site plan under vested right status to preserve the site plan approval for two years and allow for two years in which to obtain a building permit for the tower. The site plan states that the property is located in the CAMA Fresh Pond Area of Environmental Concern (AEC). A CAMA permit will be required prior to construction of the tower.

'The final tower design has not been selected however it is anticipated that the tower will stand approximately 130 feet tall from ground level. Water towers are specifically excluded from the Town’s height regulations as set forth by Section 22-111 Exclusions from Height Limitations. A preliminary tower concept is attached for review. Staff recommends that prior to issuance of a building permit, the site plan shall reflect the total proposed height of the water storage tower. Section 22-255 Outdoor Lighting requires any structure over 150 feet tall to be illuminated in accordance with FAA standards.

'Fire, Public Works, and Public Safety issues have been addressed. Lot coverage, setbacks, parking, buffering, site vegetation, and buffering comply with the applicable sections of the Town Zoning Ordinance. No additional ground level lighting is proposed for the water storage tower, although the Tower itself would have safety lighting. The proposed structure would be shorter than 200 feet so mandatory Federal Aviation Administration (FAA) review would not be required. However, staff recommends that prior to Board of Commissioners action, specific tower safety lighting plans be submitted to Public Safety and Planning Department staff for review and comment. (At the time of the preparation of this memorandum, the requested safety lighting information was not been submitted or evaluated. Staff anticipates being able to share this information with the Board members during the public hearing.)

'The proposed development will have a very minimal effect on the existing storm water management pattern according to Bissell Professional Group, the engineering firm that prepared this submittal. Since Bissell Professional Group is also the Town’s principal engineer, the Town’s alternate consulting engineer, McDowell and Associates has approved the proposal in terms of drainage and storm water management.

'Planning Board Recommendation:At their regular meeting of April 20, 2004 the Planning Board members discussed the attached conditional use application. After the brief discussion, the Planning Board members voted unanimously in favor of recommending approval of the site plan with staff’s recommended conditions.

'Staff recommendation:Staff recommends that the Town of Nags Head’s attached conditional use/vested right application be approved provided the following conditions are satisfied:1. Prior to action by the Board of Commissioners, staff shall review plans for safety lighting of the proposed water storage tower.2. Prior to issuance of a building permit, a tower detail showing the exact height of the tower and any attachments to the tower shall be submitted for staff review.Because the site plan under consideration is a vested right application, the Board of Commissioners shall make affirmative findings of the following:

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4. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.The proposed plan meets the requirements of the Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.5. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.6. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town as said facilities and capabilities would exist on the completion date of the conditional use for which the application is made.Please refer to the attached memorandum from the fire department."

Notice of the public hearing was published in the Coastland Times on Tuesday, April 27, 2004, and on Thursday, April 29, 2004, as required by law.

Ms. Gallop explained that the applicant has opted to not request a vested right; therefore, only the conditional use is presented for consideration by the Board.



Comr. Gray verified that the height of the proposed tank is in accordance with the Town's ordinance.

MOTION: Comr. Oakes made a motion to make the following required findings of fact:

- That the applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances,

- That the use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted,

- That the use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town as said facilities and capabilities would exist on the completion date of the conditional use for which the application is made.

And to approve the conditional use site plan for the Public Works water tank as presented with the following relevant staff condition:

- Prior to the issuance of a building permit, a tower detail showing the exact height of the tower and any attachments to the tower shall be submitted for staff review.

The motion was seconded by Comr. Sadler which passed unanimously.

PUBLIC HEARING to consider proposed text amendments to the 2000 Land and Water Use Plan pertaining to hotel development

Deputy Planning Director Bruce Bortz summarized the Planning Board and Planning and Development staff memo dated May 19, 2004, which read in part as follows:

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"As you are aware, changes to hotel zoning regulations were adopted at the March meeting. These included revisions to standards in the C-2 district as well as the creation of a new hotel overlay district. One change in particular represented a policy shift in the way the Town addresses ocean access requirements for hotels. Non-oceanfront hotels are no longer required to provide a private, improved beach access for their guests. Rather, it was decided that if hotels are within a certain distance of a public or private beach access, than no additional provision of ocean access is necessary. Since the 2000 Land and Water Use Plan (LUP) specifically states that the Town shall continue to require that hotels provide private oceanfront beach access facilities for guests, Staff is suggesting a change to the LUP to ensure consistency between the LUP and the zoning ordinance. A public hearing will be held at the June 2, 2004 Board of Commissioners meeting on the following proposed LUP amendment:

'The Town requires and will continue to mandate that any non-oceanfront hotel or motel shall provide private oceanfront beach access facilities for their guests east of US 158 or NC1243 shall be within a short walking distance of either a private-deeded oceanfront beach access or public beach ocean access facility. Hotels and motels west of US 158 and fronting on Roanoke Sound shall provide private on-site access to Roanoke Sound for their guests. (Chapter 7, Beach Plan).

'Once this change is adopted, it will be forwarded to the Coastal Resources Commission for consideration at their next regularly scheduled meeting.

'The Planning Board unanimously supported this change at their May 18, 2004 meeting."

Notice of the public hearing was published in the Coastland Times on Sunday, April 25, 2004, and on Sunday, May 2, 2004, as required by law.

Mr. Bortz recognized in the audience John Thayer and Charlotte Owens from the Coastal Resources Commission (CRC).



MOTION: Comr. Oakes made a motion to request that the Coastal Resources Commission (CRC) approve the amendment to the revised Land Use Plan policy and to adopt the revised policy as presented as part of the Town's Land and Water Use Plan. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

PUBLIC HEARING to consider citizen input on the Town Manager's proposed budget for FY 2004/2005

The memo from Finance Office Rhonda Sommer dated May 24, 2005, was presented to the Board and read in part as follows:

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"A public hearing has been scheduled for the June 2, 2004, Board of Commissioners meeting to consider citizen input on the Town Manager’s recommended budget for fiscal year 2004 – 2005.

'This recommended budget represents a budget that is primarily maintenance in nature. The CIP includes the initial construction and staffing for the South Nags Head Public Safety facility, street improvements to facilitate the Nags Head Elementary School and an additional Public Works Facilities Maintenance Technician to assist with the ever increasing workload in the maintenance of Town infrastructure."

Notice of the public hearing was published in the Coastland Times on Thursday, May 20, 2004, and on Thursday, May 27, 2004, as required by law.

Mayor Muller reported that the next budget workshop has been scheduled for Monday, June 7, 2004, at 7:00 p.m. in the Board Room. He noted that today's public hearing follows a public comment period that took place at the May 19, 2004, Board meeting.



APPROVAL OF MINUTES

MOTION: Mayor Pro Tem Murray made a motion to approve the May 5, 2004, Regular Session and the May 19, 2004, Adjourned Regular Session Board meeting minutes as presented. The motion was seconded by Comr. Sadler which passed unanimously.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Update on beach nourishment projects - Request for authorization for beach nourishment lobbyist funding; and Consideration of beach nourishment Land Transfer Tax increase resolution

Town Manager Fuller - Beach Nourishment Lobbyist Interlocal Agreement

Town Manager Fuller explained that the interlocal agreement for the beach nourishment lobbyist is provided for Board review and approval. The agreement was approved by the Dare County Board at their last meeting; subsequent to that there has been discussion between Dare County and Finance Officer Rhonda Sommer to add a new section. Town Attorney Ike McRee suggested that the effective date be modified to July 1, 2003 to coincide with the fiscal year to allow provision for the Town to make payment for the lobbyist expenses that were incurred this past year.

Comr. Sadler said that she is not sure about moving forward with a lobbyist when there are no federal funds in the foreseeable future. Ms. Sommer explained that the agreement can be made as a one-year agreement, if desired.

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Mayor Muller stated that he feels it is extremely important to continue federal beach nourishment lobbying because some money does exist and because State funding has always been granted based on its federal matching share. He expressed his concern that to not lobby would indicate that the Town is focusing on providing local money only.

Mayor Pro Tem Murray expressed his interest in continuing with the beach nourishment lobbying efforts in the federal arena.

Comr. Gray questioned what the lobbyist has done for the Town. He would like to see more regular reports from Dare County on the lobbyist efforts.

Comr. Oakes agreed to a three-year agreement and feels that the Town has no choice but to fund the lobbyist efforts in an attempt to obtain federal funds.

Comr. Gray agreed to a one-year agreement but not longer until an evaluation is done.

Comr. Sadler confirmed with Mayor Muller that the Town is not required to pick up the slack if other towns do not fund the lobbyist efforts.

It was Board consensus that Town Attorney Ike McRee redraft the Beach Nourishment Lobbyist Interlocal Agreement with the following changes: include language requiring the agreement to be effective beginning July 1, 2003, through June 30, 2005; include language requiring the agreement to be adopted by the Nags Head Board of Commissioners on an annual basis; and include language requiring quarterly updates from the Dare County Board of Commissioners on the lobbyist efforts.

Consideration of beach nourishment Land Transfer Tax increase resolution

The memo from Town Manager Fuller dated May 27, 2004, was presented to the Board and read in part as follows:

"The Dare County Beach Nourishment Committee over the last several months has been investigating alternative means of paying the construction cost for the Northern Dare Beaches Storm Damage Reduction and Abatement Plan in the event the federal government does not fund the construction phase of the project. Among the various funding alternatives discussed by the Committee include: occupancy tax, meals tax, land transfer tax, local option sales tax, special assessments, and toll or user fees. There are advantages and disadvantages to each of the above.

'Several weeks ago a majority of the Committee members traveled to Raleigh to explore some of these options with Senator Marc Basnight and Representative William Culpepper. The options were again discussed on May 25, 2004, by the Committee and by majority vote the Committee recommended that Dare County should request a one percent (1%) increase in the Land Transfer Tax from the State Legislature. If approved by the House and Senate, this one percent (1%) increase will contribute approximately ten million dollars a year and will supplement the contribution from the State, Occupancy tax, Visitors Bureau and Special Assessment.

'The Committee also considered the following revenue options:

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1% Meals tax $1.2 Million1% Occupancy Tax $2 Million1% Sales Tax $6 MillionIncreased assessments on benefitting propertiesProperty Tax increasesNew "user fees" such as bridge tolls

'The Committee felt that the Land Transfer Tax was the best alternative both in terms of fairness and in terms of revenue generated. The Committee felt that there was a strong link between property values and beach nourishment. The Committee also discussed increasing the assessment on benefitting properties from $5 Million to $10 Million.

'The Committee discussed looking at a 2-year revenue stream for the initial phase of the project as described below:

Occupancy Tax $2 MillionLand Transfer Tax $10 MillionAnnual Taxes $12 Million

X # of Years 2Tax Revenue $24 MillionOuter Banks Visitors Bureau contribution $1 MillionAssessment $10 MillionLocal Revenue $35 MillionState Revenue $20 MillionTotal Revenue $55 Million

'A Revenue stream of this size would allow the construction of a project that would provide about 75% of the sand volume of the initial project. No specific strategy for beach profile was discussed. The Committee did feel that it was important to keep the project within area and parameters of the current project so that if federal funding became available in the future, the County could use the existing work that has been done.

'Funding the project locally raises issues about how other parts of the County might benefit. The Committee clearly sees a need for projects on Hatteras Island and possibly in other areas of the northern beaches. It is premature to say when or where. The current focus is on the project developed by the Corps of Engineers for Nags Head, Kill Devil Hills and Kitty Hawk.

'Attached please find a draft resolution proposing that Dare County be authorized to levy an additional one percent (1%) Land Transfer Tax for beach nourishment funding."

Mayor Muller noted that Mr. Blazek mentioned the need for public hearings on any proposed tax increases; he feels there is broad support for the proposed tax increase for beach nourishment.

Comr. Gray stated that there is now a lot of public concern for the funding for beach nourishment. He spoke in favor of a public hearing to listen to the public's views on beach nourishment and any proposed tax increase to fund it.

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Mayor Muller feels that timing is critical right now and while he is always in favor of public hearings for this issue, there is insufficient time to wait to take action until after public hearings.

Mayor Pro Tem Murray spoke in favor of the proposed resolution supporting an increase in the Land Transfer Tax for beach nourishment.

Mayor Muller emphasized that he wants to involve the public in as much as possible of the beach nourishment efforts. Today the vision of how the Town can move forward is being discussed; he feels this Board has done as good a job or better than anyone else in the County to make sure people are informed of the status of beach nourishment issues.

Comr. Sadler confirmed that the proposed resolution authorizes Dare County to levy an additional Land Transfer Tax for beach nourishment. It provides authorization but does not automatically levy the additional tax.

Comr. Oakes stated that although realtors are not in favor of the proposed tax increase, he is prepared to support it as he feels it is the best route to provide funding for beach nourishment. He asked about the existing 1% land transfer tax; Mayor Muller said that those funds go for schools. Comr. Oakes also expressed concern about the calculation in the Town Manager’s memo which only identifies $1 million dollars from the Tourism Board and he feels it should probably be more.

Comr. Sadler emphasized that the benefit of beach nourishment is for everyone and not just those who live on the beach.

MOTION: Mayor Pro Tem Murray made a motion to adopt the resolution supporting an additional 1% Land Transfer Tax for beach nourishment as presented. The motion was seconded by Comr. Sadler.

Comr. Oakes expressed his wish that the tax be considered for 10 years and not the requested 25 years; Mayor Muller said that he feels 10 years is not very long with a project potential of 50 years; he encouraged the Board to stick to 25 years.

CONTINUATION OF MOTION: The motion passed unanimously.

The resolution concerning support of an additional 1% Land Transfer Tax for beach nourishment, as adopted, read in part as follows:

"A RESOLUTION REQUESTING THAT DARE COUNTY BE AUTHORIZED TO LEVY AN ADDITIONAL 1% LAND TRANSFER TAX FOR EMERGENCY SHORELINE PROTECTION AND STORM DAMAGE REDUCTION MEASURES

'WHEREAS, the Dare County Board of Commissioners has served as the non-federal sponsor of two federal studies intended to result in the construction of a storm damage reduction dune and berm system using local, state, and federal funds; and

'WHEREAS, Dare County and its partners in the studies referenced above, the Towns of Nags Head, Kill Devil Hills, and Kitty Hawk, the Dare County Visitors Bureau, and the N.C. Division of Water Resources have spent over $1 million dollars matching an equal amount of federal funds to finalize the study phase of this project; and

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'WHEREAS, the Congress of the United States authorized the construction of this project, known as the Northern Dare Beaches Storm Damage Reduction and Erosion Abatement Plan in the Water Resources Development Act of 2000; and

'WHEREAS, the Congress has directed the Director of the Civil Works Division of the U.S. Army Corp of Engineers to construct the above referenced project; and

'WHEREAS, no Congressional appropriations have been forthcoming and are not expected in the near future for this project, given the current focus of United States on matters of national defense and anti-terrorism; and

'WHEREAS, Hurricane Isabel of 2003 has left the oceanfront of much of Dare County, from Duck to Hatteras village, vulnerable to severe structural and economic losses in the event of another hurricane or prolonged winter storm (nor’easter), resulting in an immediate threat to the public health, safety, welfare, and economic well-being of the people of Dare County that represents an emergency; and

'WHEREAS, the construction of the Northern Dare Beaches Storm Damage Reduction and Erosion Abatement Plan would greatly diminish the danger to public health, safety, welfare, and economic well-being to the Northern Beaches of Dare County and its residents, and similar measures would diminish shoreline damages in other portions of Dare County not already authorized for federal storm damage reduction measures.

'NOW, THEREFORE, BE IT RESOLVED that the Nags Head Board of Commissioners requests that the North Carolina General Assembly enact legislation authorizing the Dare County Board of Commissioners to levy an additional 1% excise tax on instruments conveying certain interests on real property in Dare County (current excise tax authorized pursuant to S.L. 1985-525, Sec. 2), with such funds directed for the sole purpose of storm damage reduction activates, and that the authorization of this additional 1% excise tax shall be discontinued 25 years from the date of ratification, or upon the completion of satisfactory storm damage and shoreline erosion measures throughout the entire Dare County coastline as so determined by the Dare County Board of Commissioners, or unless otherwise re-authorized or extended by the North Carolina General Assembly."

Mayor Muller - Consideration of resolution to request authorization for alternate Town funding sources for beach nourishment

Mayor Muller suggested to Board members that the Town should consider acting independently to look for alternate funding sources; he believes a window in the upcoming General Assembly session may be available for the Town to fund erosion abatement measures and storm damage prevention. He asked Board members to authorize him to sign a resolution to levy a variety of taxes (sales, food, prepared meals, land transfer, occupancy, and privilege license rental tax expansion) for beach nourishment. He does not want to undercut Dare County's efforts but is looking for another way to take action, if necessary.

Mayor Pro Tem Murray said he would like to see the proposed resolution in writing before voting.

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Comr. Sadler suggested that the Board consider a "sand tax" similar to what is done in the City of Virginia Beach.

On behalf of the Beach Nourishment Committee, Town Manager Fuller thanked the Board for the passage of the additional 1% Land Transfer Tax resolution (previous agenda item). He also said that he still thinks the County is in line for federal funding. He agrees with Mayor Muller that there may be a menu of options available and that the timing of the General Assembly is important as the legislature is scheduled to be finished by June 30, 2004.

Mayor Muller directed staff to prepare a proposed resolution for Board consideration later in today's meeting under his agenda.

RECESS FOR LUNCH

Mayor Muller recessed the Board meeting for lunch at 12:04 p.m.

RECONVENE FROM LUNCH

Mayor Muller reconvened the Board meeting from lunch at 1:30 p.m.

Discussion of bike path on west side of US 158 Highway bypass

Town Manager Fuller explained that he confirmed with NC DOT Commissioner Stan White that there are funds for bike paths in the State budget. He explained that Comr. White said that NC DOT did a study which resulted in the positive economic impact of bike paths; Comr. White is a big proponent of bike paths wherever possible. There are State funds available but the proposed paths must go through the State process and must meet State standards.

Mayor Muller stated that the Board will discuss bike paths during the ongoing budget process.

Town Manager Fuller also explained that NC DOT grant funds for a bike path would require a matching amount from the Town.

Discussion of modifications to Personnel Policy – response to Personnel Grievance Board comments/suggestions - from April 21, 2004, Board meeting

Town Manager Fuller's memo dated May 25, 2004, was presented to the Board and read in part as follows:

"At the April 21, 2004, Board of Commissioners meeting, the Board requested that I respond to the Board about a number of issues related to the Town Personnel Policy. I have outlined my responses below for your consideration.

'Accident Database

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As I mentioned at the April meeting, the Town comprehensive accident database will be fully active July 1, 2004 as you requested. Fire Marshal/Town Safety Officer Kevin Zorc will maintain this database. Fire Marshal/Town Safety Officer Zorc is informed of all accidents/incidents that involve Town employees or Town property through our accident reporting and investigation report. I will meet quarterly with the Safety Committee to review all accidents/incidents. Attached for your review is an accident/incident form we will be using.

'Definition of ProbationThe Board directed me to provide the definition of the term “Disciplinary Probation” within the Town’s Personnel Policy. The Town’s Personnel Policy current defines “Probationary Employee” as an employee that has not completed the probationary period at the beginning of their employment with the Town. The current length of the probationary period is one year for all employees.

'The Town’s Personnel Committee, chartered with discussing personnel-related issues, reviewed definitions of “Probation” at their March 8, 2004 and May 10, 2004 meetings. The Personnel Committee has now drafted three separate definitions for initial employment probation, disciplinary probation and promotional probation. These definitions will be finalized at a special meeting of the Personnel Committee to be held on June 7, 2004 at 1:30pm. I will bring you their proposed definitions and my proposed definitions to you at the July 7, 2004 meeting.

'Accident Review BoardCurrently, Fire Marshal/Town Safety Officer Zorc conducts a thorough investigation of the causes and contributing factors of accidents and incidents, the degree of employee fault, and the corrective actions that should be instituted. Further, Fire Marshal/Town Safety Officer Zorc meets with the Town Safety Committee to comprehensively review all Town accidents/incidents and near-misses. To be qualified for these responsibilities, Fire Marshal/Town Safety Officer Zorc and the Town’s Safety Committee have been thoroughly trained in safety models.

'In addition to the review by Fire Marshal/Town Safety Officer Zorc and the Town Safety Committee, I have asked Fire Marshal/Town Safety Officer Zorc to provide a quarterly report to Department Heads. For your information, I have included a copy of the in-depth report for each accident/incident that will be filed by Fire Marshal/Town Safety Officer Zorc. In addition, the Board of Commissioners will be provided with an in-depth accident/incident report monthly. I will be meeting with the Safety Committee quarterly to review accidents/incidents and work with the committee on proposed changes.

'Finally, the Town strives to use consistent standards that are applied equally to all employees in the accident/incident review process.

'Exit InterviewsEach employee will be offered an exit interview with their Department Head. This interview, which is not mandatory, will be used to gather critical departmental feedback, which can be complex in nature and not easily understood by someone outside of that department. A copy of this exit interview is included in this package (attachment XX). In addition, each employee will be offered a short interview, which will be conducted by our Human Resources Coordinator. This interview will be used to gather general information. The proposed questions for this interview are listed below.

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1. What is the main reason you are leaving the employment of the Town of Nags Head2. Is there anything that could change that would get you to stay?3. What did you like best about working for the Town?4. What did you like least about working for the Town?

'Checkbox on Grievance FormThere are two separate items here. The first is: Can the Personnel Grievance Board have access to the final decision of the Manager? The second question is: Can the Personnel Grievance Board have full access to the grievant's personnel file folder? In both cases the answer is yes, with provisions. These items were discussed with both the Town Personnel Attorney, John Leidy and the North Carolina League of Municipalities, Risk Management Division, who provides liability insurance for the Town.

'Attorney Leidy suggested the grievant read and sign the language below in order to give permission to the Personnel Grievance Board to be notified of the final decision.

"I hereby authorize the Town to release, pursuant to G.S. 160A-168(c), a copy of the final decision made by the Town Manager on my personnel appeal/grievance to the members of the Town of Nags Head's Personnel Grievance Board. I understand that if I decide to withdraw this authorization, I must notify the Town Manager in writing of that decision within 24 hours of receiving notification of the final decision. Otherwise, within 3 days of rendering the final decision, the Town Manager will notify the Town's Personnel Grievance Board of the final decision."

'The Town's Attorney suggested the following language in order to give permission to the Personnel Grievance Board to receive a copy of the grievant's personnel folder:

“I hereby authorize the Town to release, pursuant to G.S. 160A-168, a copy of my personnel file to the members of the Town of Nags Head’s Personnel Grievance Board. I understand that if I decide to withdraw this authorization, I must notify the Town Manager in writing of that decision within 24 hours of authorization. Otherwise, the Town Manager will give my personnel file to the Personnel Grievance Board.”

'Attorney Leidy also notes that the Personnel Grievance Board should sign a confidentiality agreement before hearing a grievance, especially when the grievant options to have the Personnel Grievance Board notified of the Town Manager’s final decision. The League also stated they felt there was a possibility the Personnel Grievance Board members could expose the Town to potential liability due to the nature of the personnel information to which they are privy. The League stated that they would not cover any type of liability claim as a result of a knowing violation of the rights of another person such as a violation of NCGS 160A – 168 (release or discussion outside the hearing of any protected personnel information)."

Board members discussed each item: Accident database - The memo addresses the accident database but does not address the discipline and grievance database. Board members agreed that these should also be addressed.

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Definition of probation - Confirmed to be one (1) year for all employees.

Personnel Policy terminology - Not consistent.

Exit Interview Form - Currently offered exit interview with either dept. head or through Human Resources Director. Modify to include the longer form with either the Human Resources Director or the Dept. Head. The employee also has the option to utilize the short form.

Accident Review Board - Outline of process for accident reviews to be provided - Town Manager Fuller explained that the Incident/Accident Investigation Report Form is filled out by the Safety Officer. The in-depth report was not attached as listed in the memo.

It was Board consensus that Town Manager Fuller outline the accident review process and provide examples of what would come forward; in addition signature/date column and date sent to the Safety Officer column are to be added.

Checkbox form - add to the Grievance Board charge the requirement to sign a confidentiality statement. It was noted that generally Grievance Board sessions are closed as issues may relate to other employees who also have the right to confidentiality. Town Manager Fuller explained that the grievant can request that the session be open or closed. If the employee chooses neither, then the Grievance Board treats it as confidential. The choice of either an open or a closed session should be included in the Personnel Grievance process.

It was Board consensus that the Personnel Grievance Board issues, with the details requested by the Board, be brought back for further consideration and review at the July 7, 2004, Board meeting.

NEW BUSINESS

PowerPoint presentation by Rob Crawford, Dare County Environmental Health concerning innovative septic systems - Time Specific 2:00 p.m.

Rob Crawford, Dare County Environmental Health, gave a PowerPoint presentation on the two (2) types of innovative peat septic systems (Ecoflo and Puraflo). The innovative peat systems are not yet provided for in the original laws for sewage systems and are currently under the scrutiny of the State to be considered standard septic systems.

Use of the peat systems allows previously unbuildable lots to become buildable.

Some issues with the peat systems: difficult to sample; some not sampled, and excessive use. Problems with the new systems are usually seen within three - five years.

Mr. Crawford does not see a decline in the use of the innovative septic systems in the near future.

Mayor Muller noted the letter from Stone Environmental in the FYI section of the Board packages.

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Mr. Bortz explained that the first Stone Environmental update is scheduled to be provided to the Board at the July mid-month Board meeting.

Board members thanked Mr. Crawford for his presentation.

Consideration of contract with Verizon for lease of space on Town Hall Water TankTime Specific 2:30 p.m.

Deputy Town Manager Rhonda Sommer summarized her memo dated April 28, 2004, which read in part as follows:

"The Town has been approached by Verizon Wireless Communications about the possibility of leasing water tower space from us to mount a cell phone antenna. Attached for your consideration is a draft lease agreement to accomplish this. Note that there are currently three tenants already on the Town Hall water tower. This lease as proposed would generate revenue in the amount of $2,000 per month with 3% annual escalation, once the option is exercised, for a period of five years. The lease would be renewable after that initial five year period. Should this lease be approved, the site plans for the antenna location can be administratively approved as this will not be a new use for the site.

'Note that we have plans in process to relocate this water tower and Verizon Wireless has been made fully aware of that. You will be receiving more information about those relocation plans as we move forward that will include an alternate proposal for antenna needs."

Ms. Sommer introduced Billy Rose from Currituck and Gary Pennington from Verizon Wireless.

Comr. Oakes thanked staff for negotiating the lease and finding this additional revenue stream.

Mayor Muller confirmed with Ms. Sommer that the Town receives approximately $60,000/year from tank rentals for cellular service and that this revenue is issued to the Town Water Fund.

Ms. Sommer stated that a white paper will be presented at the July 7, 2004, Board meeting of the most cost-efficient way to keep cell access at this location; it would be cost-prohibitive to keep the tower at the Town Hall location. She stated that staff is looking into preparation of a zoning amendment for Board consideration to install a cell tower at the existing Town Hall water tower location.

Comr. Sadler directed staff to research the possibility of trading cell phone service with water tower cell antennae usage.

Mr. Pennington distributed a handout with detailed information on the Verizon Wireless Company to Board members. Mr. Pennington stated that the way Verizon is structured rental and sales generally do not co-mingle but that the trading of cell phone service could

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be researched. He is concerned about what will happen when the tank is removed to include partial subsidizing of a new cell tower if approved.

MOTION: Comr. Oakes made a motion to approve the Verizon lease agreement as presented and to authorize the Mayor to sign the agreement. The motion was seconded by Mayor Pro Tem Murray which passed unanimously.

Discussion of plan for Surfside Drive walkway

Public Works Director Dave Clark summarized his memo dated June 7, 2004, which read in part as follows:

"Prior to Hurricane Isabel, last September, there were three beach accesses along the length of Surfside Drive. At Limulus Drive, at the south end, the Town maintained a public beach access crosswalk. In addition, there were two privately built crosswalks (neither on a town easement or right-of-way), one at the end of Oregon Drive and one just north of 9803 S. Surfside (the “duplex”). The storm surge accompanying the hurricane removed all three crosswalks. The Town will be replacing the Limulus Drive beach access as part of our overall replacement project.

'A group of property owners has approached the Town Manager with a request to investigate the possibility of replacing one, or both, of the private accesses at Town expense. The presence of the Emergency Berm along all of Surfside Drive has increased the difficulty of getting to the public Beach. It is not practical, at this time, to replace the access that was at Oregon Drive as the berm has experienced severe erosion (the worst of any section built this Spring) at this location.

'Since the “Public” beach is defined as that area eastward of the mean high tide line, even where a recorded parcel is listed as a “Washout”, there is still non-public property between the Town’s 60-foot street right-of-way and the beach. The Town Attorney can do research at the Courthouse and determine the current owner of any parcel so identified in our GIS system, or on the Dare County property parcel database.

'Attached is a list of all parcels between 111 East Surfside Drive (at the north corner, where Surfside turns west) and Oregon Drive. As you can see, the southernmost nine parcels are all listed as “Washouts”."

The attachment to Mr. Clark's memo read in part as follows:

"Unimproved Properties on E. Surfside Drive, between 111 (Sam Hardesty) and E. Oregon Drive

'113 Alice Bayliss2277 Fallen LeavesSanta Maria, CA 93455Value: $1,900

“0” Kaisar Chalfoon69 Elmwood AvenueHo Ho Kus, NJ 07423

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Value: $1,900

'9803 Duplex

'9807 Daniel A. Lysakowski135 PartridgeKill Devil Hills, NC 27948Value: $2,400

'9809 Kaisar Chalfoon69 Elmwood AvenueHo Ho Kus, NJ 07423Value: $2,400

'9813 Otto Peterson house9815 PIN 071811576076 Washout Value: $09819 PIN 071811567909 Washout Value: $09821 PIN 071811567943 Washout Value: $09825 PIN 071811567876 Washout Value: $09827 PIN 071811568709 Washout Value: $09829 PIN 071811568733 Washout Value: $09833 PIN 071811568656 Washout Value: $09837 PIN 071811568690 Washout Value: $09839 PIN 071811569513 Washout Value: $0(Oregon Drive)"

Mr. Clark reported that beach access restoration is underway and four (4) accesses are currently under construction. The Gulfstream access has been completed. A temporary Certificate of Occupancy (CO) will be issued for each beach access until all are complete. He anticipated that by the third week in June 2004, the Limulus beach access in South Nags Head should be completed.

In response to Mayor Muller, several Surfside Drive homeowners stated that they have installed their own beach access to include replacement of the walkway as necessary over the years.

Dillard Horton, Surfside Drive property owner; appreciates the berm construction for the protection of Surfside; the berm has altered the beach access that was in existence; construction of berm impacted the width of the public beach. He commended the Board for their efforts on the beach nourishment project. This area on Surfside Drive has a quicker rate of erosion than other areas of the Town. He expressed concern that the tenants will not realize the importance of maintaining the berm when they arrive and that they will travel over the berm to get to the beach. He appreciates anything the Town can do to protect private property and to protect the public beach.

Mayor Muller confirmed with staff that the property owners of the washouts did not receive any solicitation for permission for the berm project.

Attorney Ike McRee encouraged staff to solicit permission from the washout property owners for the use of their property for the access.

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Mayor Muller posed two questions: If the replacement of two private accesses should be considered a public issue with public access - the berm has affected a lot of streets that are in the same situation, and If there is something special about Surfside Drive to warrant Board consideration. He explained that providing the access would provide general public access with the specific use of protecting the berm surface. He feels that for a limited amount of funds access can be provided for a significant number of people.

Comr. Gray spoke against spending public funds for private property; he recommended installing the Limulus access and moving it up on the construction schedule.

Comr. Sadler confirmed that a Town public access would have the necessary signage; she was concerned about more use at the beach in that area; the residents there were present were not concerned.

MOTION: Mayor Muller made a motion to instruct staff to proceed to acquire whatever legal ground is needed to place a walkway access on one of the top three (3) (northern) lots identified (at approximately 9521 Surfside Drive) and to construct a single access in the appropriate area between E. Oregon and the Peterson house and further to do this within the process of the existing beach access construction. Staff is instructed to place signs on the existing sand fence to direct tenants to those two (2) accesses. It is anticipated that this construction will be completed by the July 4th Holiday weekend. The motion was seconded by Comr. Oakes which passed unanimously.

Mayor Muller asked Mr. Horton if he was aware of discussions between property owners in the subdivision about access in the event Surfside Drive is lost. Mr. Horton was not aware of any discussions.

Mayor Muller strongly encouraged the subdivision to figure out how to best get tenants in the houses if the streets are not replaced. He feels it is incumbent to the property owners in that area to come up with the solution. He offered staff assistance as necessary.

Board members thanked the Surfside Drive property owners for attending today's meeting.

Town Manager Fuller reported that funds are available from the Land Transfer Fund.

REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR

Report on update of Town Hazard Mitigation Plan

Planner Andy Garman summarized the Planning and Development staff memo dated May 20, 2004, which read in part as follows:

"By now you should have already received a draft review copy of the Town of Nags Head Hazard Mitigation Plan. The Planning Board discussed the plan at their May 18, 2004 meeting and recommended that Staff forward this to the North Carolina Department of Emergency Management for their review. The Planning Board provided one comment; they felt that the mitigation strategy to have all condemned structures compliant within four months of initial condemnation was too aggressive and that this would not give property

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owners ample opportunity to procure contractors and complete work. The Planning Board suggested that this be changed to ‘substantial progress’ rather than ‘full compliance’.

'After some discussion with Randy Mundt at NCDEM, Staff was encouraged to forward the plan to the State to begin the review process. Mr. Mundt stated that any additional changes or comments provided by the Board could certainly be forwarded for review as part of the draft at a later date. Therefore, the draft Hazard Mitigation Plan was sent to NCDEM on May 20, 2004.

'Staff would welcome any additional comments or discussion the Board may have regarding the Hazard Mitigation Plan."

Board members made the following comments on the draft document:

a) Mayor Pro Tem Murray - page 16 - Incipient Inlets - last paragraph - make statement more general and not refer specifically to Soundside Road and Old Nags Head Cove.b) Mayor Muller - page 20 - Storm Surge map - questioned category storm surge areas - Staff explained that updated maps are in process of being obtained.c) Mayor Muller - page 35 - Recovery and Operations - paragraph indicates areas open only after having been "declared safe" - use different terminology as some areas in South Nags Head were opened to the public prior to being declared safe after Hurricane Isabel.d) Mayor Muller - page 37 - Damaged Homes - noted that plan indicates a more proactive policy in dealing with condemned structures.e) Mayor Muller - page 37 - Infrastructure - confirmed with staff that the following paragraph: "…damaged Town infrastructure be built back to established Town standards only if it can be demonstrated that there is a reasonable public benefit to be derived from these restored facilities" is a continuation of the Town's Land and Water Use Plan and is required for FEMA reimbursement.f) Mayor Muller - Page 40 - Implementing Actions - Include Commitment to land acquisition in open space as Timetable A.g) Mayor Muller - Page 40 - Implementing Actions - Town will establish time for construction of new north fire station - Prefer focus on the new south fire station first.

Mayor Muller confirmed with Mr. Garman that only comments on the Plan are requested today from the Board with formal action to be taken in the future. Mr. Garman also invited any future comments to the Plan to be forwarded to him.

Review of Preliminary Subdivision Plat and Subdivision variance request for a proposed four-lot subdivision located on Mall Drive from Robert and Shirley Weeks

Mayor Muller noted that the preliminary subdivision plat and subdivision variance request for a proposed four-lot subdivision on Mall Drive from Robert and Shirley Weeks was withdrawn by the applicant.

NEW BUSINESS

Consideration of Board/Committee appointments

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The memo from Administration dated May 25, 2004, was presented to the Board and read in part as follows:

"Request Board consideration of appointment/reappointment to fill vacancies listed below on Town Boards/Committees:

'Board of Adjustments Expiration DateAlternate Vacancy (Pogie Worsley resigned to serve on Planning Board)July 28, 2006

'Personnel Grievance BoardVacancy (only residents per Personnel Policy) August 19, 2004Alternate Vacancy (Chuck Blazek appointed regular member) May 28, 2006

'Citizens Advisory CommitteeVacancy (non-resident Richard Chance resigned) May 28, 2006

'Artwork Selection CommitteeMajid Elbers (supporter of the Arts) Expired Joy Hannan-Copanezos (non-artist member of Arts Council) ExpiredMelanie Smith (art teacher/art gallery owner) ExpiredKim Allen (Town employee) ExpiredJoAnne Sweet-Mills (Nags Head citizen) ExpiredJoan Perry-Johnson (Nags Head citizen) ExpiredMary-Ellen Riddle (art critic) ExpiredDon Bryan (artist)"

Board members directed staff to provide additional public notice to the general public requesting applications to serve on the various Town Board/Committees.

Comr. Oakes suggested that the Board take some appointment action today if possible.

MOTION: Comr. Oakes made a motion to appoint Cynthia Smith to the Personnel Grievance Board for a full three-year term and to appoint Fred Chatelain to the non-resident slot on the Citizens Advisory Committee. The motion was seconded by Comr. Sadler which passed unanimously.

Report from Citizens Advisory Committee

The report from the Citizens Advisory Committee meeting of May 10, 2004, was presented to the Board and read in part as follows:

"MINUTES APPROVALMinutes from the April 12, 2004 meeting were approved.

'RED LIGHT CAMERA PRESENTATIONPublic Safety Director Charlie Cameron presented a video from the City of Wilmington regarding their highly successful Red Light Camera Program, which is known as “Project SafeLight.” Chief Cameron reported on traffic accident fatalities that occurred at the

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Deering Street Post Office intersection last year and distributed a handout to Committee members. He stated that the SafeLight program has been proven to reduce the number of people who run traffic signals and the injuries caused.

'Chief Cameron explained that the Town has enabling legislation but would need to adopt a local ordinance placing the program in effect; he stressed that the program is not an issue for revenue for the Town – it is much more an issue of safety. Chief Cameron said that he feels that the citizens would be well served provided a public education program is administered first. The ticket issued would be a civil penalty only; it would not affect the insurance premium.

'Chief Cameron stated that Mayor Muller feels this is a problem in the Town and asked staff to investigate this program further.

'The Committee discussed the pros and cons of this program but overall supported the “Project SafeLight” Red Light Camera program. Motion: The Citizens Advisory Committee supports the “Project SafeLight” Red Light Camera program and encourages other towns to do the same. The motion was seconded and passed unanimously by the Committee.

'EASTERN SURFING ASSOCIATION DISCUSSION - tabled to June 14, 2004.

'SPECIAL EVENTS – Committee members and staff discussed special events i.e. large weddings and the effect they can have on the property/surrounding properties.

'NEW BUSINESSChair Bob Sanders - announced that Richard Chance submitted his letter of resignation for the CAC.

'Kevin Schwartz – noted in the May 5th BOC Actions that the Board passed a motion to adopt the resolution in support of applying for a NC DOT Enhancement grant for the Wellfield Road multi-use path as presented by staff. This project is on the Capital Improvement Plan for the Board to consider during the 2004-2005 budget year. Deputy Manager Rhonda Sommer explained how the CIP process works and that the availability of grant funds usually moves a project higher on the CIP priority list.

'Susan Boncek – asked if the Town was interested in acquiring excess sand from property owners. Ms. Sommer stated the Town was interested in the sand if the quantity was enough to make it cost effective. She also explained that Town personnel cannot go on private property without the permission of the property owner to remove the sand.

'Russell Lay – asked if the oceanfront property owners were complying with the Town Ordinance requiring that street/house numbers also face the ocean-side of the property. Charlie reported that great progress was being made before Hurricane Isabel but since then the education process will have to begin again.

'Ms. Sommer stated that a reminder of this ordinance will be advertised on the Government Access Channel, the Town’s email broadcast and in the next edition of the newsletter.

'Dune Signs – Administrative Assistant Roberta Thuman presented samples of two (2) “keep off the dunes” signs for the Committee to consider to be used for circulation. One of signs

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was more detailed with words and the other got right to point to say keep off the dunes. The Committee decided that some of both signs would be serve a good purpose – the detailed sign for indoor structures and the simpler version to be posted outside i.e. on the dunes. The Committee suggested charging a fee for the signs and adding the word “STOP” in red to the sign also.

'Ocean Rescue Lifeguards – Asst. Fire Chief Osborne announced that the 2004 Ocean Rescue Lifeguards are in training for the next two weeks and will begin duty on May 22nd.

'The Red light camera presentation was well received by Committee members.

'Administrative Assistant Roberta Thuman reported that the “Keep Off The Dunes” posters sell for $1 each from the Town."

Chief Cameron explained the history of the house numbers on the oceanfront; he stated that the request was initiated by a former commissioner so that people would give the correct address when calling for public assistance.

Comr. Sadler suggested that property managers include street numbers/names in each rental house for tenants.

Report from Artwork Selection Committee

The report from the Artwork Selection Committee meeting of May 12, 2004, was presented to the Board and read in part as follows:

"ARTWORK BY ARTIST RICHARD BYRDThe Committee passed a motion to purchase the painting by Richard Byrd - Island Hut - for the price of $275 and to have it framed with a simple black frame just large enough to cover the edges.

'STREET MAP FROM PLANNING DEPARTMENTA Town Street Map from staff was presented to the Committee to consider for placement at Town Hall for public viewing. It was Committee consensus that more direction was needed to include the exact purpose for the map and if the funds for framing the map is to come from the Committee's funds.

'UPCOMING ART COMMITTEE MEETING SCHEDULESIt was Committee consensus that artists be reviewed by members during the upcoming summer months and the location of any artwork of interest is to be emailed to all members to view when they have an opportunity; no formal meetings will be held in July 2004 and August 2004.

'TOWN ARTWORK SHOW AT RIFP IN DECEMBER 2004Carolyn Morris is to check with Admin Assistant Roberta Thuman on insurance for the Town's artwork show at Roanoke Island Festival park in December 2004.

'DOCENT PROGRAM AT TOWN HALL

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Majid Elbers and JoAnne Sweet-Mills briefly discussed the docent program at Town Hall for the Town's artwork collection.

'RE-HANGING OF ARTIST INGER SEITZ’ GEESE FIBER ARTIt was Committee consensus that the Inger Seitz artwork be moved down three (3) inches from its current location and the id plate be placed to the right of the artwork."

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee presented the status of two (2) pending lawsuits - both from Nags Head Construction - as a result of the adoption of the residential design standards ordinance in August 2003. Mr. McRee reported that the first lawsuit was dismissed and is now in the Court of Appeals to be argued early next year. The second lawsuit is scheduled to be heard in the August 2004, session of Dare County Superior Court.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Update of 2004 Town Fireworks Display

Chief Cameron provided an update on the July 4th fireworks display. He stated that the Town has entered into a contract with Pyrotechnico. The Town is very grateful to Nags Head Pier owners Andy and Lovie McAnn who are allowing the fireworks to take place at their pier, which is continuing to be repaired.

Board members thanked Mr. and Mrs. McAnn for the use of the Nags Head Pier for the fireworks.

MAYOR’S AGENDA

Mayor Muller - Town Manager’s Review

The Town Manager’s performance review will take place at the June 16, 2004, mid-month meeting.

Mayor Muller - Nags Head Wood 5K Run - Stinky Sneaker Award

Mayor Muller noted that there will now be a blank space on the Board Room wall where the Stinky Sneaker Award has been hung as a result of the Town’s past wins in the annual Nags Head Woods 5K Run Race. This year the award was won by the Town of Kitty Hawk.

Mayor Muller congratulated the Town of Kitty Hawk for their win in this year’s race and he thanked all those who participated in the run on behalf of the Town.

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BOARD OF COMMISSIONERS AGENDA

Comr. Oakes - Request for information

Comr. Oakes reminded Town Manager Fuller of a previous request for information on houses that were lost as a result of Hurricane Isabel.

Planning Director Tim Wilson responded that Planner Andy Garman is preparing a report for Comr. Oakes which will be ready next week.

Comr. Sadler

Comr. Sadler had nothing new to report.

Mayor Pro Tem Murray

Mayor Pro Tem Murray had nothing new to report.

Comr. Gray - Veterans Memorial

Comr. Gray stated that a resident in his subdivision approached him and asked him to bring forward the idea of a Veterans Memorial in the Town for Board consideration. It was suggested that a granite stone honoring all those who served be constructed.

Board members spoke favorably about the idea and Mayor Muller appointed Comr. Gray to chair a committee to look into the design/location/cost, etc. of the Memorial.

Mayor Muller - Consideration of Beach Nourishment Resolution

Mayor Muller read the revised resolution requesting that the General Assembly authorize legislation for the Town to enact several types of funding sources for beach nourishment.

Comr. Oakes spoke against the resolution; he feels a property tax increase may be appropriate but nothing else.

Comr. Sadler supports the resolution for beach nourishment purposes.

Comr. Gray does not agree to the law being on the books for the next 25 years.

Mayor Muller said that he was willing to look at less than 25 years but feels the opportunity to take action is now.

Town Manager Fuller stated that the Board should focus on if it wants to request this permissive type of legislation for the opportunity to have these types of debates.

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MOTION: Mayor Muller made a motion to adopt the resolution requesting that the General Assembly approve legislation for the Town to enact several types of funding sources for beach nourishment with the following changes: change 25 years to 10 years and add rental cottages to the $2/bedroom/night regulation. The motion was seconded by Mayor Pro Tem Murray which passed 4 - 1 with Comr. Oakes casting the NO vote.

The resolution requesting authorization for the Town to enact several types of funding sources for beach nourishment, as adopted, read in part as follows:

"A RESOLUTION REQUESTING THAT NAGS HEAD BE AUTHORIZED TO LEVY ADDITIONAL FUNDING SOURCES FOR EMERGENCY SHORELINE PROTECTION AND STORM DAMAGE REDUCTION MEASURES

'WHEREAS, the Congress of the United States authorized the construction of the Northern Dare Beaches Storm Damage Reduction and Erosion Abatement Plan in the Water Resources Development Act of 2000; AND

'WHEREAS, the Congress has directed the Director of the Civil Works Division of the U.S. Army Corp of Engineers to construct the above referenced project; AND

'WHEREAS, Hurricane Isabel of 2003 has left the oceanfront of much of Nags Head, vulnerable to severe structural and economic losses in the event of another hurricane or prolonged winter storm (nor’easter), resulting in an immediate threat to the public health, safety, welfare, and economic well-being of the people of Nags Head that represents an emergency; AND

'WHEREAS, the construction of the Northern Dare Beaches Storm Damage Reduction and Erosion Abatement Plan would greatly diminish the danger to public health, safety, welfare, and economic well-being to the Nags Head Beaches and its residents; AND

'WHEREAS, the Town's Vision Statement recognizes the importance of beach nourishment and erosion has been a continuing problem throughout the Town for many years; AND

'WHEREAS, no Congressional appropriations have been forthcoming and are not expected in the near future for this project, given the current focus of United States on matters of national defense and anti-terrorism.

'NOW, THEREFORE, BE IT RESOLVED that the Nags Head Board of Commissioners requests that the North Carolina General Assembly enact legislation authorizing the Nags Head Board of Commissioners to levy the following:

Sales Tax Up to 1%Meals Tax Up to 1%Privilege License Fee Up to $300/rental unitSand Tax $2/bedroom/night in hotels/rental cottages for Occupancy or

Room Tax

'with such funds directed for the sole purpose of storm damage reduction activities, and that the authorization of these additional funding sources shall be discontinued 10 years from the date of ratification, or upon the completion of satisfactory storm damage and

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shoreline erosion measures throughout the Nags Head coastline as so determined by the Nags Head Board of Commissioners, or unless otherwise re-authorized or extended by the North Carolina General Assembly."

Mayor Muller - Consideration of resolution opposing Senate Bill 1056

The agenda summary sheet concerning the opposition of Senate Bill 1056 was presented to the Board and read in part as follows:

"Attached please find correspondence from the North Carolina League of Municipalities opposing Senate Bill 1056. Senate Bill 1056 would require excessive compensation to outdoor advertisers for billboard sign removal.

'Also attached is a draft resolution opposing Senate Bill 1056 for your consideration at the June 2, 2004, Board of Commissioners meeting."

MOTION: Mayor Pro Tem Murray made a motion to adopt the resolution opposing Senate Bill 1056 as presented. The motion was seconded by Comr. Sadler which passed unanimously.

The resolution concerning Senate Bill 1056, as adopted, read in part as follows:

"RESOLUTION OPPOSING LEGISLATION ELIMINATING THE USE OF AMORTIZATION FOR REGULATION OF OUTDOOR ADVERTISING (SENATE BILL 1056) 'WHEREAS, the use of amortization by units of local government has long been a legally valid and constitutionally affirmed mechanism for addressing citizen concerns about outdoor advertising within their communities; AND

'WHEREAS, without amortization, units of local government would be greatly impeded, even prevented entirely, from responding to the wishes of their communities and making efforts to control unattractive and distracting outdoor advertising, and to regulate such advertising in a manner that preserves the aesthetic and scenic quality of their communities; AND

'WHEREAS, legislation pending before the North Carolina General Assembly (Senate Bill 1056) would strip local governments of the use of this important regulatory tool and require excessive compensation to outdoor advertisers for sign removal; AND

'WHEREAS, as this legislation is not applicable to outdoor advertising along federal-aid highways (which are controlled by federal law), this legislation would impact local governments’ ability to address signage issues in areas most in need of local regulation – such as within community neighborhoods and along secondary roads; AND

'WHEREAS, the Nags Head Board of Commissioners finds that such legislation adversely impacts the ability of local governments to respond to the wishes and concerns of their communities as is their responsibility and duty as local elected officials, and places an undue burden on local governments and taxpayers in general to the advantage of the outdoor advertising industry.

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'NOW, THEREFORE, BE IT RESOLVED that the Nags Head Board of Commissioners opposes the enactment of Senate Bill 1056, or any similar legislation that prohibits or restricts the use of amortization by local governments, and further urges the North Carolina General Assembly to repeal the current moratorium enacted during the 2003 Session prohibiting the adoption of local ordinances that provide for amortization of outdoor advertising until December 31, 2004."

ADJOURNMENT

MOTION: Mayor Pro Tem Murray made a motion to adjourn to a mid-month meeting on Wednesday, June 16, 2004, at 7:30 p.m. in the Board Room which passed unanimously. The time was 4:54 p.m.

_______________________________Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________Robert W. Muller

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