TOWN OF NAGS HEAD BOARD OF COMMISSIONERS RECESSED SESSION January 19, 2011

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1 TOWN OF NAGS HEAD BOARD OF COMMISSIONERS RECESSED SESSION 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 7:30 p.m. on Wednesday,. COMRS PRESENT: COMRS ABSENT: Mayor Bob Oakes; Mayor Pro Tem Wayne Gray; Comr. Doug Remaley Comr. Anna Sadler; and Comr. Renée Cahoon None OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Kevin Brinkley; Kevin Zorc; Dave Clark; Ralph Barile; Kim Kenny; Roberta Thuman; John Mascaro; Marvin Demers; Richard Murphy; Pat Wolverton; Jennifer Frost; Jim Robins; John Ratzenberger; Megan Shaw; Rob Morris; and Town Clerk Carolyn Morris CALL TO ORDER Mayor Oakes called the recessed meeting to order at 7:30 pm. ADOPTION OF AGENDA MOTION: Comr. Remaley made a motion to adopt the January 19 th agenda as presented. The motion was seconded by Comr. Sadler which passed unanimously. AUDIENCE RESPONSE Pat Wolverton; oceanfront resident in Village at Nags Head; she asked about the Town s Beach Nourishment Project; she is not in favor of the project and feels the financing is unfair as she lives in her oceanfront house year-round and does not rent her house; she also questioned where financing is going to come from to maintain the beach after the initial project is complete. Beach Nourishment Project Update

2 - Report on proposed Municipal Service District Town Manager Ogburn presented the latest information on the Beach Nourishment Project. He summarized the information on the agenda summary sheet which read in part as follows: At the January 5 th Board of Commissioners meeting, the Board adopted the following two (2) resolutions: - Resolution authorizing acquisition of easements in certain properties, including by condemnation - Resolution requesting Dare County to assign the federal beach nourishment project easements At the January 19 th mid-month meeting, an update will be provided on the following: - Report on proposed Municipal Service Districts (attached) - Public Hearing scheduled for February 16, 2011 (public notice attached) - Review of timeline (attached) Town Manager Ogburn pointed out that the Beach Nourishment Report provided in the Board packages included a map of two (2) proposed districts, a statement identifying the need for the project and a statement identifying the need for two (2) districts. He asked Board members to adopt the Report as presented. The Public Hearing notice sets a Public Hearing on the proposed municipal districts for the February 16, 2011 mid-month meeting; after the Public Hearing the Board may adopt tax rates for the two districts which may be different or may be the same. The proposed District 1 is made up of Reach 1 and the proposed District 2 is made up of Reaches 2 through 4. MOTION: Comr. Sadler made a motion to approve the Report on the Beach Nourishment Project as presented and to file the Report with the Town Clerk. The motion was seconded by Comr. Remaley which passed unanimously. The Beach Nourishment Report, as approved and filed with the Town Clerk, read in part as follows: Beach Nourishment Project Report Establishment of two (2) Municipal Service Districts For beach erosion control and flood and hurricane protection works In Accordance With GS 160A A-544 1) Attached map identifies two (2) proposed Municipal Service Districts District 1 Blackman Street south to Governor Street Will receive approximately 1,465,000 cubic yards of nourishing sand Average sand volume loss is 1.5 to 2.5 cubic yards per year Dune to 5 feet District 2 - Governor Street south to Town line Will receive approximately 2,535,000 cubic yards of nourishing sand Average sand volume loss is 3.9 to 7.4 cubic yards per year Dune to 5 feet Establishment of two districts allows for levy of two different property tax rates 2

3 higher rate for those in District 2 receiving more sand 2) Statement indicating that services are needed in the districts to a demonstrably greater extent than the rest of the Town: The Town is committed to beach nourishment to maintain a wide recreation beach strand, to protect structures of historic significance, to maintain a tax and economic base, and to protect town infrastructure including facilities for public recreational access. In order to maintain the aesthetic and environmental value of the beach strand, the Board of Commissioners for the Town of Nags Head has determined that the creation of two municipal service districts for erosion control and hurricane protection works will be for the benefit of those properties located within the service district boundaries. The two proposed districts are in need of projects and programs (meeting the standards of G.S. 160A-537(a)) to a demonstrably greater extent than the remainder of the town in order to meet the needs and goals set forth above. 3) Plan for providing proposed services in the Municipal Service Districts: The Project entails the dredging and placement of up to 4.6 million cubic yards of sand placed on 10 miles of Nags Head s beach - from Blackman Street at Milepost 11 to Governor Street at Milepost 16.5 (District 1) - and from Governor Street to the Town line at Milepost 21 (District 2). For comparison purposes, the FEMA emergency berm installed after Hurricane Isabel only used 353,000 cubic yards of sand. The Project will advance the shoreline anywhere from feet, depending on the erosion rate of the area being nourished. Comr. Sadler clarified with Board members that approving the Report and filing it with the Town Clerk gives notice that the proposed districts will be discussed in detail at the February 16, 2011 Board mid-month meeting. Appointments to Planning Board/BOA/CAC/Firemen Relief Fund Trustee Board expired/vacant terms The agenda summary sheet read in part as follows: The following terms expire in January 2011: Board of Adjustments Al Hibbs and alternate Robert Muller (both would like to be replaced) (John Mascaro, alternate, has expressed interest in serving as regular member) Planning Board Bob Edwards and Clyde Futrell (both would like to be reappointed) Citizens Advisory Committee One vacancy (Patrick Pritchard recently resigned) Firemen Relief Fund Trustee Board Reappointment of Russ Lay as Treasurer 3

4 Attached please find updated rosters as well as a list/resumés of those interested in serving the Town. Planning Board MOTION: Comr. Cahoon made a motion to reappoint Bob Edwards and Clyde Futrell to the Planning Board for additional three-year terms pending their acceptance. The motion was seconded by Comr. Sadler which passed unanimously. Board of Adjustments MOTION: Mayor Pro Tem Gray made a motion to appoint John Mascaro as a regular member of the Board of Adjustments. The motion was seconded by Comr. Sadler which passed unanimously. MOTION: Comr. Cahoon made a motion to appoint Linda P. Foster to the vacant alternate position on the Board of Adjustments. The motion was seconded by Mayor Pro Tem Gray which passed unanimously. Citizens Advisory Committee MOTION: Comr. Sadler made a motion to appoint Seth Johnson to a position on the Citizens Advisory Committee. The motion was seconded by Comr. Cahoon which passed unanimously. Firemen Relief Trust Fund Board MOTION: Comr. Cahoon made a motion to reappoint Russ Lay as Treasurer to the Firemen Relief Trust Fund Board. The motion was seconded by Comr. Sadler which passed unanimously. Consideration of Public Works Fuel Pump Protection Cost from Dec 1, 2010 Board meeting Public Works Director Dave Clark summarized his memo which read in part as follows: On August 17 th, 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. As a result of this site visit, the inspector prepared and sent the town, a Notice of Violation enumerating the deficiencies that need to be corrected. Initially the town was given 30 days to bring the fuel pump installation into compliance, but that has now been extended until July 31 st, Following the December 1 st Board of Commissioners meeting, the inspector was contacted to determine if any alternative measures could be taken to meet the groundwater protection requirements. As an alternative, the town could replace all piping between the pumps and the storage tanks with double-walled pipe, provided with interstitial (between the pipes) leak detection monitoring. This monitor detects any leak that may occur from the inside pipe before it can breach the outer pipe as well. This solution would cost even more than the initial solution, and would still require monitoring for as long as the facility is in operation. Prior to the December Board meeting, the Fleet Maintenance Superintendent contacted East Carolina Petroleum Services, Inc. in Elizabeth City, and had them look at our pumps and tanks, review the 4

5 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 the town 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, There would be an additional $1, in North Carolina sales tax, which the town can receive back from the state. After the December 1 st meeting, Commissioner Remaley provided the Public Works Director with the names and phone numbers for three additional firms that had done similar work in the county. Attempts were made to contact all three, with some success. Jones & Frank, in Norfolk, was contacted, a representative inspected the existing installation and they submitted a cost proposal for $24, (not including NC sales tax). A second firm, located in Ahoskie, has apparently gone out of business as all phone numbers called were no longer working. The third firm, in Virginia Beach, was left a message on their voice mail (their greeting indicated it was the correct phone number), but never responded. It is recommended that the town contract with East Carolina Petroleum Services to do this work. The cost will be $18,911.82, exclusive of sales tax. Comr. Sadler confirmed with Mr. Clark that Public Works would have the labor available in the spring to do the work. MOTION: Comr. Cahoon made a motion to authorize the purchase of the Fuel Pump Protection equipment from East Carolina Petroleum Services, Inc. The motion was seconded by Comr. Remaley which passed unanimously. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY Town Attorney John Leidy had nothing new to present to Board members. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER Town Manager Ogburn Request for Closed Session Town Manager Ogburn requested a Closed Session to consider possible land acquisition of Lot 36R on Carolinian Circle. Town Manager Ogburn FEMA Fire Safety grant Fire Chief Kevin Zorc requested authorization to apply for a FEMA Fire Safety Grant. The grant would assist with stove-top fire extinguishing equipment that recently came on the market. The equipment has been used successfully nationally and in the area. The 95/5 share grant would mean the Town s portion, if the Town received the grant, would be approximately $4,500. Finance Officer Kim Kenny indicated to Chief Zorc that the funds are available in Fire Operations and Maintenance. MOTION: Comr. Cahoon made a motion to authorize Fire Chief Zorc to apply for the FEMA Fire Safety Grant. The motion was seconded by Comr. Sadler which passed unanimously. 5

6 A copy of the FEMA Fire Safety grant application is attached to and made a part of these minutes as shown in Addendum A. Town Manager Ogburn NC Department of Insurance Beach Insurance Rate Increase proposal Town Manager Ogburn reminded the Board that the NC Rate Bureau is requesting that the State Department of Insurance approve a rate increase for dwelling property policies which mostly affect yearly/vacation rental homes. A Public Hearing has been scheduled in Raleigh for Monday, January 24, 2011 and written comments will be received through January 31, Town Manager Ogburn asked the Board if a letter from the Mayor on behalf of the Board opposing the rate increase would be appropriate. It was Board consensus that staff prepare a letter for Mayor Oakes signature opposing the proposed Beach Insurance Rate increase. BOARD OF COMMISSIONERS AGENDA Comr. Sadler FYI item from Fire Dept re: ATV maintenance Comr. Sadler thanked Fire Chief Kevin Zorc for the FYI item in their Board packages re: ATV purchasing and recommendations on maintaining and prolonging the life of the Town ATV s. Comr. Sadler Presentation at Planning Board meeting re: Sea Level Rise Comr. Sadler attended yesterday s (January 18, 2011) Planning Board meeting where a presentation on Sea Level Rise was given by Tankred Miller, Coastal Policy Analyst at Division of Coastal Management. A number of presentations will be provided throughout Dare County as well as in other counties. Comr. Sadler said she would like for the Board and others on the Outer Banks, not just in Nags Head, to benefit from the information provided during the presentation. Comr. Sadler stated that the presentation was authorized by the Coastal Resources Commission, of which Comr. Cahoon is a member, and separates the State into three (3) geographic areas instead of one size fits all. It was Board consensus that Town Manager Ogburn request a presentation on Sea Level Rise to the Board at an upcoming Board of Commissioners meeting. MAYOR S AGENDA Mayor Oakes Consideration of resolution in support of the Atlantic Intracoastal Waterway Association s request for funding to maintain the Atlantic Intracoastal Waterway MOTION: Mayor Oakes made a motion to adopt the resolution in support of funding for the Atlantic Intracoastal Waterway Association. The motion was seconded by Comr. Sadler which passed unanimously. 6

7 The resolution in support of funding for the Atlantic Intracoastal Waterway Association, as adopted, read in part as follows: WHEREAS, the Atlantic Intracoastal Waterway Association s mission is to support proper maintenance of the Atlantic Intracoastal Waterway throughout its entire length within the five Atlantic Coast states of Virginia, North Carolina, South Carolina, Georgia, and Florida, AND WHEREAS, the Waterway is as a vital transportation artery along the Atlantic coast, providing safe navigation for commercial and recreational vessels, AND WHEREAS, economic studies have shown that the Waterway is an important economic engine for the five Atlantic Coast states; AND WHEREAS, the Waterway is authorized by the U.S. Congress to be maintained at a navigation depth of 12 feet deep at mean low water throughout its entire length within the five Atlantic Coast states; AND WHEREAS, naturally occurring shoaling reduces the depth and width of navigation channels in numerous sections of the Waterway; AND WHEREAS, this shoaling results in unsafe conditions for commercial and recreation vessels and decreases the economic output of the Waterway within the five state region; and WHEREAS, the Waterway is not receiving adequate funding to maintain a safe navigation channel. THEREFORE, BE IT RESOLVED, that the Town of Nags Head Board of Commissioners supports the Atlantic Intracoastal Waterway Association s advocacy on behalf of the Atlantic Intracoastal Waterway including their requests to Members of Congress seeking the funding needed to dredge and maintain the Waterway at a safe depth. Comr. Cahoon pointed out several Congressional title errors in the sample letter forwarding the resolution that was provided in their Board packets for staff correction. Comr. Sadler Oregon Inlet dredging Comr. Sadler noted a recent boating accident at Oregon Inlet she stated that the Inlet is not being dredged as it should be due to federal funding shortages. Comr. Remaley said that money has been wasted for many years on Oregon Inlet dredging which has always been a temporary fix. He stated further that there would not be a problem if jetties had been constructed years ago. CLOSED SESSION MOTION: Mayor Oakes made a motion to enter Closed Session to consider the acquisition of real property in accordance with GS (a)(5). The property to be discussed was the Carolinian 7

8 Circle (Lot 36R) property which backs up to the Town Recreation Park. The motion was seconded by Comr. Remaley which passed unanimously. The time was 8:27 p.m. OPEN SESSION The Board re-entered Open Session at 8:37 p.m. Attorney John Leidy reported that during Closed Session the subject property (Carolinian Circle Lot 36R) was discussed and instructions were given to the Town Manager. No other action was taken during Closed Session. ADJOURNMENT MOTION: Comr. Cahoon made a motion to adjourn which was seconded by Comr. Sadler and passed unanimously. The time was 8:38 p.m. Carolyn F. Morris, Town Clerk Approved: Mayor: February 2, 2011 Robert O. Oakes, Jr. 8