TOWN OF NAGS HEAD BOARD OF COMMISSIONERS REGULAR SESSION May 4, 2011

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1 TOWN OF NAGS HEAD BOARD OF COMMISSIONERS REGULAR 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 9:00 a.m. on Wednesday, May 4, COMRS PRESENT: COMRS ABSENT: Mayor Bob Oakes; Mayor Pro Tem Wayne Gray; Comr. Anna Sadler; and Comr. Renée Cahoon Comr. Doug Remaley OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Chris Montgomery; Kevin Zorc; Dave Clark; Ralph Barile; Elizabeth Teague; Kelly Wyatt; Dabni Shelton; Angela Welsh; Roberta Thuman; Todd Workman; Cody McKinney; Matthew Swain; John Ratzenberger; Rev. Albert C. Isler; Marvin Demers; Richard Murphy; Andy McCann; Mike Remige; Aaron McCall; and Town Clerk Carolyn Morris CALL TO ORDER/PRAYER/PLEDGE OF ALLEGIANCE Mayor Oakes called the meeting to order at 9:00 am; Prayer was provided by Rev. Albert C. Isler of Grace Lutheran Church which was followed by the Pledge of Allegiance. ADOPTION OF AGENDA MOTION: Comr. Sadler made a motion to adopt the May 4 th agenda as presented. The motion was seconded by Comr. Cahoon which passed 4 0 (Comr. Remaley was not present.). AUDIENCE RESPONSE

2 AUDIENCE RESPONSE ANDY McCANN Andy McCann, Nags Head Fishing Pier owner; he is beginning his 27 th season; at one time he protested the new pier as his pier was not able to compete but they were told that the Jennette s Pier would charge a fee; he has learned that Jennette s Pier will allow walk-ons and will not be charging an entrance fee; he would like the sightseeing fee added back to the Jennette s Pier; this would greatly help the other pier owners also - they would like some equal ground; he is speaking for himself and Outer Banks Fishing Pier owner Garry Oliver. Comr. Sadler explained that as a member of the Jennette s Pier Advisory Committee, Committee members were also not notified and were not happy when they realized a fee would not be charged. She said that Committee Chair Bob Muller is to speak with the State about working toward resubmitting the fee at Jennette s Pier. AUDIENCE RESPONSE RICHARD MURPHY Richard Murphy, South Nags Head resident; he spoke of concerns that started last summer as he observed several near-accidents between drivers on South Nags Head driveways and the multi-use path; he distributed a list of South Nags Head addresses with driveways that have line-of-sight issues; vegetation needs to be cut back in these areas. AUDIENCE RESPONSE MARVIN DEMERS Marvin Demers, South Nags Head resident; he thanked the Town s legal representation team [Hornthal, Riley, Ellis, and Maland and Town Attorneys John Leidy and Ben Gallop]; he attended a recent lawsuit court case re: beach nourishment in Pasquotank County; he felt the legal team did an outstanding job in a professional manner; regardless of the final outcome he feels the team did a superb job. AUDIENCE RESPONSE RICHARD MURPHY Richard Murphy, South Nags Head resident; he mentioned that there is a major bump on the path in front of Jeanne Acree s driveway in South Nags Head where the asphalt meets the concrete. AUDIENCE RESPONSE KELLY WYATT AND DABNI SHELTON Kelly Wyatt and Dabni Shelton provided a Relay For Life update: The Relay For Life event is Saturday, May 14 th at First Flight High School; they distributed a handout with details of the weekend themed Carnival For A Cure. She also pointed out to Town officials that dunking slots are still available; the website for more information on Relay For Life is AUDIENCE RESPONSE JOHN RATZENBERGER 2

3 John Ratzenberger provided a Town 50 th Anniversary Committee report; he thanked Marty Moore for organization of the art activities at Nags Head Elementary School and also thanked the students and staff at the school; the children s winning artwork is on display at Glenn Eure s Gallery; he summarized the docent program at Town Hall during the month of May; the Art Reception is scheduled for May 18 th from 4 to 7 pm; the Outer Banks Hospital artwork tour takes place on May 13 th, and the Tanger Outlet Mall Center event is on May 12 th which is part of a national event. Mr. Ratzenberger reported that June 14 th is the anniversary event starting at 10:30 am at the Windmill Point site with an Opening Ceremony. He pointed out that additional volunteers are needed to man the sales tent and to help as parking lot attendants at the Carnival in the evenings; the events are manned by volunteer citizens and he stated that there is no goal to turn these events into a profit. RECOGNITION OF EMPLOYEES Fire Chief Kevin Zorc introduced Firefighter/EMT Matthew Swain who was welcomed to Town employment by the Board. Fire Chief Kevin Zorc introduced Firefighter/EMT Cody McKinney who was welcomed to Town employment by the Board. Town Manager Cliff Ogburn introduced Planning and Development Director Elizabeth Teague who was welcomed to Town employment by the Board. Public Works Director Dave Clark introduced Water Service Technician Todd Workman who was recognized by the Board for ten (10) years of service with the Town. PROCLAMATION ANNOUNCING ACCIDENT PREVENTION WEEK MAY 2-8, 2011 PROCLAMATION ANNOUNCING MUNICIPAL CLERK WEEK MAY 2 8, 2011 Mayor Oakes introduced and read the Proclamation proclaiming Accident Prevention Week as May 2 8, 2011 and the Proclamation proclaiming Municipal Clerks Week as May 2 8, He recognized Town Carolyn Morris and Deputy Town Clerk Michelle Gray for their work for the Town. CONSENT AGENDA The Consent Agenda consisted of the following items: - Consideration of Budget Adjustment #11 to FY 10/11 Budget Ordinance - Consideration of Tax Adjustment Report - Approval of Minutes - Request for Public Hearing to consider application for State Adopt-A-Trail Grant program - Consideration of request for lifeguard stand/lifeguard at Ida Street in South Nags Head 3

4 MOTION: Comr. Cahoon made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). Budget Adjustment #11, as adopted, is attached to and made a part of these minutes as shown in Addendum A. The Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum B. The agenda summary sheet information concerning a request for Public Hearing scheduled for May 18, 2011 to consider an application for a State Adopt-A-Trail grant program, as approved, read in part as follows: The NC Division of Parks and Recreation and the State Trails Program recently notified the Town that they are seeking additional applications for the State Adopt-A-Trail Program (this is the second call for proposals). This program provides matching reimbursement of up to 75% of total project cost with a maximum award of $75,000, therefore the local match amount could be as much as $25,000. Staff recommends applying for funds to work on Phase IV of the multipurpose trail parallel to Croatan Highway (from W. Barnes to Bonnett) and will prepare a proposal with a detailed budget for your consideration at the May 18 th meeting. The memo from Fire Chief Zorc concerning a request for a lifeguard stand/lifeguard at Ida Street in South Nags Head, as approved, read in part as follows: I propose adding an additional lifeguard stand for the Ida Street Beach Access as discussed at the April 26, 2011 BOC Budget Workshop. Use of existing ocean rescue part time salaries and department supplies are available to begin this lifeguard stand deployment in the current budget year, for the period - May 28-June 30, Below are the cost estimates for this service: Ida Street Lifeguard May 28 June 30 (34 days) - May 28 - Jun 30 ( ; 9hrs/day x 1LG)(34) = 306hrs - May 28 - Jun 30 ( ; MWF (14) x1hr/dayx1lg) = 14hrs Total = 320 hrs 320 hours x $11.25/hr + FICA (2 nd year guard) = $3,875. salary for 1 LG May 28-June 30 th Cost to build new Lifeguard Stand = ~ $500. Total funds required to fund this increase in service delivery for implementation the current budget year = $4,375. I respectfully request the Board of Commissioners consider the approval of the increase in service level and use of existing funds for an additional lifeguard stand at the Ida Street Beach Access in South Nags Head. PUBLIC HEARINGS 4

5 Public Hearing to consider a zoning ordinance text amendment, submitted by Thomas Musika of Beach Cabana Services, to amend Town Code Section (c)(1) to permit the on-site rental of beach equipment as an accessory use to Fishing Piers within the CR, Commercial Residential Zoning District Town Attorney John Leidy introduced a Public Hearing to consider a zoning ordinance text amendment to amend the Town Code to permit on-site rental of beach equipment as an accessory use to fishing piers. The time was 9:40 a.m. Zoning Administrator Kelly Wyatt summarized the agenda summary sheet which read in part as follows: The proposed zoning ordinance text amendment, submitted by Thomas Musika of Beach Cabana Services, would amend Town Code Section (c)(1) to allow the onsite rental of beach equipment as an accessory use to Fishing Piers located within the CR Zoning District (Attached). Staff Recommendation: The Land Use Plan states The Town will not allow or permit any commercialization of the Town s ocean beaches. Planning staff interprets this statement to mean that: No commercial signage shall be located upon the beach or be visible from the beach, No exchange of any money for any service shall occur upon the beach, and Fishing piers located east of the first line of stable vegetation are within the Town s ocean beach area. Therefore, staff believes the proposed zoning ordinance amendment is not consistent with the Land Use Plan and recommends denial of the text amendment as presented. Planning Board Recommendation: At their April 19, 2011 meeting the Planning Board voted three to four (3:4) against the motion for adoption of the proposed text amendment with the following revisions: 1) Remove the word noticeably from Part I, Section (g)(i); 2) Revise Part I, Section (g)(ii) to read Any other signage shall not be visible from the beach or NC 12 ; and 3) Strike Part I, Section (g)(v) to remove the limitation that rentals be limited to pier patrons only. No further motions were made. Notice of the Public Hearing was published in the Coastland Times on Thursday, April 21, 2011 and on Thursday, April 28, 2011 as required by law. Mayor Pro Tem Gray asked if the Board can take action on the ordinance without a recommendation from the Planning Board. Attorney Leidy explained that the Board can take action although the usual practice is to wait until there is a recommendation from the Planning Board. Applicant Thomas Musika of Beach Cabana Services; he wants to provide amenities for the public/patrons of piers; he read from conditional use definition which does not specifically state 5

6 accessory use rental chairs, umbrellas are not usually accessory uses at piers; he noted that staff s recommendation has changed from previous Board meetings; he feels anything rented on the pier could be used on the beach; he doesn t know how to separate what the pier can/can t do when it is not clearly defined; he is still trying to figure out how this process works but stated there needs to be clearer Town ordinances; he does not understand how Planning staff can modify their recommendation; he also questioned how this is okay for hotels but not piers; he feels this type of service would be a great amenity to piers. Marvin Demers, Nags Head resident and Planning Board member; the Planning Board was split on their vote on the pro side it was an added amenity for the public and a convenience on the con side there was a feeling that the proposal is moving a commercial activity from off the beach to on the beach in direct conflict with prohibition of commercial activities on the beach; support of the proposal was narrowly defeated. John Ratzenberger, Nags Head resident; previous proposals were physically limited to hotel properties and their guests to include Village Beach Club guests; today s proposal does open up the beach to more commercialization. Applicant James Musika; if this is approved as a conditional use, he does not feel this is commercialization and is nothing different than what has already been approved by the Board. There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at 10:05 a.m. MOTION: Comr. Cahoon made a motion to table discussion of the zoning ordinance amendment to permit on-site rental of beach equipment as an accessory use to fishing piers until after the next Planning Board meeting and to request that the Planning Board provide a specific recommendation. The motion was seconded by Mayor Pro Tem Gray. Comr. Sadler said she does not want to make the applicant wait another month in order for the Board to receive the Planning Board s recommendation. Attorney Leidy clarified that Board members are not bound by the Planning Board s recommendation and the Board can take action today if they like. WITHDRAWAL OF MOTION: Comr. Cahoon, with Mayor Pro Tem Gray s concurrence, withdrew her motion. MOTION: Comr. Cahoon made a motion to deny the zoning ordinance amendment which would permit the on-site rental of beach equipment as an accessory use to fishing piers. The motion was seconded by Mayor Pro Tem Gray. Comr. Cahoon said that she feels this proposal is the beginning of commercialization of the beach. Mayor Pro Tem Gray expressed his concern over what would be next if the Board approves this amendment and begins commercialization of the beach. Comr. Sadler said that she agreed with both Comr. Cahoon and Mayor Pro Tem Gray it concerns her the most that this accessory use is being expanded. 6

7 Mayor Oakes agreed with other Board members in not allowing commercialization of the beach the difference with this proposal is that the public in general can rent whereas the other rentals are specific to a business. CONTINUATION OF MOTION: The motion to deny the zoning ordinance amendment passed 4 0 (Comr. Remaley was not present.). OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS Consideration of request from Barbara and Andres DelVillar for waiver of water consumption unit fee for private dock from April 6, 2011 Board meeting Attorney Leidy reported that at the April 6 th Board of Commissioners meeting, the Board asked whether the DelVillars could include a non-contiguous lot as part of the property for purposes of considering their application. Attorney Leidy explained that this is possible but that the DelVillars would need to have their attorney prepare a covenant to prohibit the properties from being conveyed separately. The Board could consider their request and condition approval upon binding together the two lots. In response to Mayor Pro Tem Gray, Attorney Leidy explained that the DelVillars would have to meet specific criteria in order to be eligible for exemption that the Board would have to approve. The DelVillars attorney would have to prepare a covenant to demonstrate to the Board that their property qualifies. Their attorney would have to show that they are in accordance with Town Code Sec It was Board consensus that they would be willing to provide this waiver to the DelVillars as requested they directed the attorney/staff to meet with the DelVillars, make sure this is what the DelVillars want, and then bring this agenda item back at the May 18 th Board of Commissioners meeting for final Board consideration/approval of what needs to be done. Second Reading Village at Nags Head private beach bathhouse rentals of chairs/umbrellas from April 6, 2011 Board meeting The memo concerning the Village request for private beach bathhouse rentals of chairs/umbrellas in a second reading from the April 6, 2011 Board meeting read in part as follows: The Village at Nags Head Property Owners Association has submitted the attached zoning ordinance text amendment to Town Code Chapter 48, Zoning Article XXI Village at Nags Head SPD-C Zoning Ordinance. The proposed amendment would allow the on-site rental of beach chairs and umbrellas at the private beach bathhouse owned by the Village at Nags Head Property Owners Association and located at 4929 S. Virginia Dare Trail. The location of the private beach access is categorized as Village Common Open Space and pursuant to the Village at Nags Head Master Plan as approved on July 16, 1986 this area is determined to lie within the Recreation District (attached). It appears that when the district 7

8 information contained within the Village at Nags Head Master Plan was transferred to the zoning ordinance in 1990 the Recreation District was not included. What is before you is three fold: - Copy the information from the Recreation District as listed in the Village at Nags Head Master Plan into the Zoning Ordinance. - Establish the Recreation District as a zoning district within the SPD-C Village at Nags Head Ordinance, Town Code Section Include within Town Code Section , Recreation District, the requested amendment to permit the onsite rental of beach chairs and umbrellas at the only private beach bathhouse within the Village. The applicant has proposed that the rental of beach chairs and umbrellas adhere to the following restrictions: - Rental of beach chairs and umbrellas will occur only at the private beach bathhouse located at 4929 S. Virginia Dare Trail, - Storage of beach chairs and umbrellas will be located west of first line of stable natural vegetation and shall not be visible from the beach, - Beach chairs and umbrellas shall contain no commercial signage, no other signage shall be visible from the beach, - The placement of the beach chairs and umbrellas shall not restrict or impede the flow of vehicular, pedestrian or emergency services traffic, and - All exchange of money involved in the operation of the rentals shall be from within the bathhouse, on-line, with rental contract or at the Association management company s location. Staff would note that this request is different from the request made by Go Dog Go Rentals, heard by the Board of Commissioners at their March 2, 2011 meeting in that the this service would allow money transactions to occur on-line as well as from within the Association management company s location. Another possible difference is visibility of signage from S. Virginia Dare Trail. Staff requested that the Planning Board give consideration to including language in this request which would prohibit any signage related to the onsite rental of beach chairs and umbrellas from being visible from NC 12. The Planning Board did recommend such language and that language was accepted by the applicant. Given that this location is a private beach access and bathhouse provided to and for the convenience of members of the Association staff would submit that there is no need for additional parking requirements. Staff would note that, if the Village Association chooses to offer this service through an outside vendor, that vendor would be required to obtain a Town of Nags Head business license as well as apply for any necessary zoning and building permits if required. Land Use Plan 8

9 Although the Land Use Plan does not directly discuss beach chair and umbrella rentals Staff submits the proposed text amendment is consistent with the Land Use Plan. The rental of beach chairs and umbrellas would promote the advancement of passive recreation opportunities within the Town. The Land Use Plan states The continued success of the Town as a tourist and vacation destination depends in part on the continued use and expansion of recreational uses and activities on the shoreline and in the sound. The Land Use Plan also states The Town will not allow or permit any commercialization of the Town s ocean beaches. Staff Recommendation Staff submits the proposed zoning ordinance text amendment is consistent with the Land Use Plan and recommends adoption of the proposed zoning ordinance text amendment as presented, including language on sign visibility. Planning Board Recommendation At their March 15, 2011 meeting the Planning Board recommended adoption of the proposed zoning ordinance text amendment with language that signage relating to the onsite rental of beach chairs and umbrellas shall not be visible from NC 12. MOTION: Comr. Cahoon made a motion to recuse Mayor Oakes from the discussion of the Village private beach bathhouse rentals of chairs/umbrellas due to conflict of interest. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). Mayor Pro Tem Gray introduced the second reading of the request by the Village at Nags Head for private beach bathhouse rental of chairs/umbrellas from the April 6, 2011 Board meeting. MOTION: Comr. Cahoon made a motion to adopt the zoning ordinance amendment to allow Village beach bathhouse rental of chairs/umbrellas as presented. The motion was seconded by Comr. Sadler which passed 3 0 (Mayor Oakes was recused and Comr. Remaley was not present.). The ordinance concerning Village private beach bathhouse rentals of chairs/umbrellas, as adopted, is attached to and made a part of these minutes as shown in Addendum C. NEW BUSINESS Annual Nags Head Woods Report Presentation by Aaron McCall Nature Conservancy/Nags Head Woods Steward Aaron McCall provided a PowerPoint presentation with an update on Nags Head Woods. The presentation consisted of the following topics: Visitors; Outreach/Partnership; Multi-Use Accessible Trail; and Stewardship. Mr. McCall presented the following book to the Town for its Library: Manual of the Vascular Flora of Nags Head Woods, Outer Banks, North Carolina by Alexander Krings - Published in association with The Nature Conservancy 9

10 Committee Reports Comr. Sadler Comr. Sadler thanked John Ratzenberger for his 50 th Anniversary report. Comr. Sadler Comr. Sadler reported that the Dare County Tourism Board met recently and had very positive thoughts about the upcoming summer season. Consideration of Resolution of Intent to close Surfside Drive Public Works Director Dave Clark summarized the agenda summary sheet concerning the closure of Surfside Drive which read in part as follows: At the Board of Commissioners meeting the Board is being asked to begin the process of abandoning the north-south portion of Surfside Drive, including the right-of-way (R-O- W). The existing R-O-W is entirely east of the escarpment and virtually all of the right-of-way south of the dogleg is east of the visible high water mark as well. The upcoming beach nourishment project will not restore the town s ability to replace the road. In addition, property owners on the west side of the R-O-W have not been able to do beach pushes because they were not oceanfront. Four (4) consecutive weeks of advertisement in a local paper, and a public hearing, will be required before this action can be finalized. Requested actions are in accordance with NCGS 160A-299. Procedure for permanently closing streets and alleys which identifies the following process: - Adoption of resolution declaring the Board s intent and scheduling a public hearing; - Advertisement for public hearing to be published for four (4) successive weeks; - Notice of the public hearing to be posted on Surfside Drive in two (2) places; - Notice of the public hearing to be mailed certified or registered to surrounding property owners; - Board may take action at the public hearing to adopt resolution permanently closing Surfside Drive Mr. Clark explained that many property owners on the west side have not been able to do beach pushes because the Town still owns the right-of-way on Surfside Drive. Attorney Leidy commented that, as shown on the survey displayed, no one in this subdivision or that owns property adjacent to Surfside Drive will be deprived access to their property as a result of this proposal. Mayor Oakes thanked Mr. Clark for contacting each property owner by phone to make sure each was aware of the Town s intent to close Surfside Drive. MOTION: Comr. Sadler made a motion to adopt the resolution of intent to close Surfside Drive as presented. The motion was seconded by Comr. Cahoon which passed 4 0 (Comr. Remaley was not present.). 10

11 The resolution of intent to close Surfside Drive, as adopted, read in part as follows: The Board of Commissioners of the Town of Nags Head, North Carolina, does hereby adopt the following resolution: BE IT RESOLVED, that the Board of Commissioners of the Town of Nags Head hereby declares its intention to consider the permanent closing of that portion of Surfside Drive described as follows: All that portion of Surfside Drive identified as 1,710 feet in length between lot 14 of the Chawanook Cay Subdivision and lot 16 of the High Dunes South (Limulus) Subdivision. WHEREAS, the portion of Surfside Drive described hereinabove was accepted as a portion of the Town of Nags Head roadway system; AND WHEREAS, the portion of Surfside Drive proposed to be permanently closed would not deprive any property owner of a reasonable means of ingress and egress to his or her property by virtue of the closing of the portion of Surfside Drive described above. NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Nags Head hereby declares its intention to consider the permanent closing of that portion of Surfside Drive described above and that appropriate notice of public hearing of this matter be given pursuant to Section 160A-299 of the North Carolina General Statutes, and that the public hearing be held at the Board s regular meeting at 9:00 a.m. on the 1 st day of June Duly adopted, this the 4 th day of May 2011 by the Board of Commissioners of the Town of Nags Head. Consideration of extension of AT&T lease of space on South Nags Head Water Tower Town Manager Ogburn brought forward one recommendation from Hornthal, Riley, Ellis, and Maland attorney Brock Mitchell to include under the first amendment #2 under Term that the lease renews unless terminated by landowner to give the Town an easier ability to get out of the lease. Staff was directed to clarify the modification concerning lease renewals in writing and bring back the revised AT&T lease agreement for Board consideration at the May 18, 2011 meeting. Consideration of ordinance permitting campers/trailers for Town-sponsored events Town Manager Ogburn presented the ordinance permitting campers/trailers for Town-sponsored events for Board consideration. The agenda summary sheet read in part as follows: The Town s 50 th Anniversary celebration will include a carnival at the former Windmill Point restaurant site. On-site campers/trailers have been requested to accommodate carnival staff workers who stay on-site to maintain security of the site/equipment. 11

12 The attached ordinance formalizes allowing campers/trailers for Town-sponsored events. A public hearing is not a requirement for adoption of the ordinance which modifies Town Code Chapter 24 Mobile Homes, Mobile Home Parks, and Trailers. Comr. Sadler emphasized that the Windmill Point Advisory Committee will oversee all events that take place on the site. Comr. Cahoon expressed her concern that the Town is setting a precedent and that it will become a permanent activity. Mayor Oakes stated that if there was another carnival in Town, the ordinance may need additional wording; however, this is for a temporary event and he feels that it provides security and a place for the carnival workers to stay. Mayor Pro Tem Gray expressed his concern that the proposed ordinance may be opening a door. MOTION: Mayor Oakes made a motion to adopt with ordinance permitting campers/trailers onsite for Town-sponsored events modifying the eight (8) day limitation to seven (7) days. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). The ordinance permitting campers on-site for Town-sponsored events, as adopted, is attached to and made a part of these minutes as shown in Addendum D. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY Town Attorney Leidy Thank you to Town Clerk and Deputy Town Clerk Attorney Leidy expressed his appreciation for Town Clerk Carolyn Morris and Deputy Town Clerk Michelle Gray. Town Attorney Leidy Update on Fisher lawsuit Attorney Leidy updated the Board on the Fisher lawsuit the court heard the motion on Monday, April 25, 2011 in Pasquotank County; Judge Cole has taken the case under advisement and expects to review all materials and make a decision next week (week of May 9 th ) at the earliest. Town Attorney Leidy Request for Closed Session Attorney Leidy requested a Closed Session to discuss the Sansotta, Hardesty, Deel, and Matthews/Ruiz litigation cases. 12

13 ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER Town Manager Ogburn Thank you to Town Clerk and Deputy Town Clerk Town Manager Ogburn thanked Clerk Carolyn Morris and Deputy Town Clerk Michelle Gray for their work for the Town. Town Manager Ogburn Update on Beach Nourishment Project Town Manager Ogburn reported that the Beach Nourishment Project contract with Great Lakes Dredge and Dock Company has been executed; meetings have been set up to get the latest project information/schedule out to property managers, realtors, etc.; a one-page flyer is being printed to be distributed to everyone including lifeguards. The Littoral Rights Bill heard in subcommittee yesterday received a favorable recommendation and now moves on to the Senate. The Beach Nourishment Project Regulatory meeting with all involved agencies has been scheduled for Tuesday, May 10, 2011 at 11 a.m. Town Manager Ogburn reported that the dredge staff is currently looking for places to live while working in Nags Head. Mobilization of the project is expected to begin in May with actual project construction to begin in June. BOARD OF COMMISSIONERS AGENDA Comr. Cahoon Discussion of non-profit signage Comr. Cahoon asked that the Committee on non-profit signage be formed, as discussed at the March 21, 2011 Board meeting. The agenda summary sheet read in part as follows: From the March 21, 2011 Board actions: Comr. Anna Sadler spoke of the non-profit event held at Applebee s restaurant brought forward by Terrence Sheehy during today s Audience Response. The Code Enforcement Official was doing his job and issued a notice of violation for signage in the right-of-way. She asked if Board members were interested in making exceptions to the ordinance concerning non-profit events. It was Board consensus that a member of Planning staff, Planning Board and Board of Commissioners meet to develop a plan to address signage in the right-of-way at non-profit events. Comr. Cahoon volunteered to sit on this committee. Planning Director Elizabeth Teague noted that at the April 19, 2011 Planning Board meeting, Angelina Lowe volunteered to sit on this Committee. It was Board consensus that the Town non-profit signage Committee be formed to include as members Comr. Cahoon, Angelina Lowe from the Planning Board, resident Marvin Demers, and Planning staff. 13

14 MAYOR S AGENDA Mayor Oakes - Consideration of appointment to Windmill Point Advisory Committee The agenda summary sheet concerning the Windmill Point Advisory Committee read in part as follows: At the Board of Commissioners meeting, Mayor Oakes will discuss with Board members an appointment to the Windmill Point Advisory Committee. Attached Memorandum of Understanding between the Dare County Tourism Board and the Town identifies maintenance and other responsibilities for the former Windmill Point Restaurant properties and includes a provision for an advisory committee. The paragraph re: Advisory Committee reads in part as follows: An Advisory Committee shall be formed. The Advisory Committee shall be composed of the Managing Director of the Board, two designees of the Board, the Town Manager and two designees of the Town. The Town and Board authorize the Advisory Committee to discuss issues concerning the current and future use of the Property and to advise and make recommendations to the Town and Board regarding the Property. Issues regarding the daily operations and maintenance of the Property will be decided by the Managing Director and the Town Manager. The Windmill Point Advisory Committee, according to the MOU signed by both the Dare County Tourism Board (DCTB) and the Town, is to be made up of the Managing Director and two (2) members of the DCTB and the Town s Manager and two members of the Board of Commissioners. MOTION: Comr. Sadler made a motion to appoint Mayor Oakes and Comr. Sadler to the Windmill Point Advisory Committee. The motion was seconded by Mayor Oakes which passed 4 0 (Comr. Remaley was not present.). Mayor Oakes Fireworks Mayor Oakes reported that the Dare County Tourism Board (DCTB) has funds for fireworks this year; he noted that the Town of Kill Devil Hills recently reported that they will not be providing fireworks this year. Comr. Cahoon suggested that a joint barge in the sound such as a barge located near the Jockey s Ridge State Park soundfront areas - would benefit a lot of communities. Fire Chief Kevin Zorc reported that the City of Elizabeth City provided barge fireworks last year that went very well. He expressed his concern about possible damage to the new Jennette s Pier with a fireworks display at that location. Comr. Sadler spoke in favor of a fireworks display this July. 14

15 Comr. Cahoon suggested that Mayor Oakes speak with Manteo Mayor Jamie Daniels and Kill Devil Hills Mayor Ray Sturza to determine if there is any interest in everyone working together for a 2011 fireworks display. It was Board consensus to authorize staff to apply for a fireworks grant from the Dare County Tourism Board. Mayor Oakes - Consideration of a resolution in support of continual annual federal funding for the dredging of Oregon Inlet and of a resolution in opposition to State funding cuts to cultural and historic arts programs MOTION: Comr. Cahoon made a motion to adopt the resolution in support of continual annual federal funding for Oregon Inlet dredging as presented. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). The resolution concerning the dredging of Oregon Inlet, as adopted, read in part as follows: WHEREAS, Oregon Inlet is the only deep-water access to harbors of safety for commercial and recreational vessels for a distance of 220 miles along the United States east coast; AND WHEREAS, Oregon Inlet acts as a flushing mechanism for the Albemarle, Currituck, Croatan, Roanoke, and Pamlico Sound systems and all tributaries of these systems, allowing these bodies of water and rivers to properly flush, thus ensuring regional water quality; AND WHEREAS, Oregon Inlet is vital to the economy of Dare County and the surrounding region with an annual documented economic impact of over *$682 million; AND WHEREAS, in May 2003 the Bush Administration s United States Council on Environmental Quality, the United States Department of the Interior, the United States Army Corps of Engineers, and the National Oceanographic and Atmospheric Administration issued a decision not to move forward on the construction of the Manteo (Shallowbag) Bay project (jetties) but did promise to improve navigation of the channel, and to continue working with the local elected leaders on other actions that can be taken toward these goals ; AND WHEREAS, the United States Army Corps of Engineers, whose duty it is to maintain the Oregon Inlet channel, acknowledges that as much as $20 million per year is needed to properly dredge these channels to ensure dependable navigation through the inlet and provide for the safety of fishermen and boaters; AND WHEREAS, federal budgets have continued to provide inadequate budget levels for Oregon Inlet maintenance dredging; AND WHEREAS, it is acknowledged that the United States Army Corps of Engineers have re-located a permanent survey team in Dare County which enables daily and weekly surveys of the Oregon Inlet channels, the Bar channel and the internal channels that provide a route for the commercial and recreational fishermen of this region; AND 15

16 WHEREAS, it is acknowledged that the United States Coast Guard Aids to Navigational Team has established new residency in Wanchese, North Carolina to assist in monitoring and locating navigational aids on a daily and weekly schedule as conditions require these actions; AND WHEREAS, the only United States Coast Guard response team located within 70 miles of either direction is situated at Oregon Inlet and, they, too, depend on this navigable channel in and across the bar and channels at Oregon Inlet to respond to emergency needs of boaters and fishermen; AND WHEREAS, it requires a balance of all three of these maintenance options to maintain safe passage through Oregon Inlet as has been confirmed and attested to. NOW, THEREFORE, BE IT RESOLVED, that the Nags Head, North Carolina Board of Commissioners calls on the federal government and Congress to keep its promise and follow through with its commitment to make Oregon Inlet safer by establishing a continual resolution for annual funding of dredging costs for Oregon Inlet that will include a minimum amount of $12 million annually. AND, BE IT FURTHER RESOLVED, that the Nags Head Board of Commissioners supports increased federal funding to at least $12 - $14 million for the dredging of Oregon Inlet in fiscal year MOTION: Comr. Cahoon made a motion to adopt the resolution in opposition to State funding cuts to cultural and historic arts programs as presented. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). The resolution concerning State funding cuts to arts programs, as adopted, read in part as follows: WHEREAS, The Town of Nags Head, the County of Dare, as well as other municipalities in North Carolina benefit from the Cultural and Historic Arts Programs and Facilities; AND WHEREAS, drastic funding cuts to the programs and facilities are being proposed throughout North Carolina; AND WHEREAS, State proposed cuts will reduce funding to Roanoke Island Festival Park by 50% this year and eliminate all state funding beginning next year; AND WHEREAS, Roanoke Island Festival Park commemorates the site of the first settlement in the New World, sponsored by Sir Walter Raleigh during the years 1584 to 1587; AND WHEREAS, Site includes The Elizabeth II, The American Indian Town, Settlement Site, Adventure Museum, Art Gallery, Film Theatre, Auditorium, Pavilion, Boardwalk and Kayak Launch; AND WHEREAS, Homeport of the Elizabeth II, a representative 16 th century ship, built on the site of the Creef boathouse on the Manteo waterfront; AND WHEREAS, Since the Elizabeth II was opened for visitors in July of 1984, until February 28, 2011 has been visited by an estimated public of 1,599,071; AND 16

17 WHEREAS, Festival Park hosts approximately 40 to 50 community events per year which brings in approximately 70,000 to 80,000 additional visitors to the park; AND WHEREAS, On an average Roanoke Island Festival Park books 294 groups per year with approximately 13,736 visitors per year and these groups are made up of public, private, home school and other types of groups; AND WHEREAS, Festival Park interprets 4 th and 8 th grade North Carolina history and approx. 50% to 60% of NC counties visit the park. To include Coastal, Central, Mountain regions of the state; AND WHEREAS, Festival Park is the only park in NC interpreting the Roanoke Voyages and the first English settlement in the New World; AND WHEREAS, will it not only affect Roanoke Island Festival Park but also the historic longest running out-door play The Lost Colony ; AND WHEREAS, the Arts are a vital part of our heritage and a major component of tourism and our economy on the Outer Banks; AND WHEREAS, these cuts will not only affect the agencies and programs involved, but will also impact other peripheral parts of the economy-restaurants, lodging and retail ships. NOW THEREFORE BE IT RESOLVED THAT the Board of Commissioners of the Town of Nags Head are opposed to any funding cuts that would affect our Local Economic Engine. BOARD OF COMMISSIONERS AGENDA Mayor Pro Tem Gray Thank you to Town Staff Mayor Pro Tem Gray thanked Town Clerk Carolyn Morris and Deputy Town Clerk Michelle Gray for their work for the Town; he also thanked the Public Works Dept. for their recent work on Admiral Street. CLOSED SESSION MOTION: Comr. Cahoon made a motion, pursuant to GS (a)(3) to enter Closed Session to confer with the Town Attorney re: the Sansotta, Hardesty, Deel, and Matthews/Ruiz litigation cases. The motion was seconded by Comr. Sadler which passed 4 0 (Comr. Remaley was not present.). The time was 11:55 p.m. OPEN SESSION The Board re-entered Open Session at 12:25 p.m. [Comr. Sadler left the Board meeting during Closed Session.] Attorney Leidy reported that during Closed Session the Board conferred with the Town Attorney re: the Sansotta, Hardesty, and Deel litigation cases and no action was taken. 17

18 After discussion of the Matthews/Ruiz litigation case, the Board gave direction to the Town Attorney and the Town Manager. ADJOURNMENT Mayor Oakes recessed the Board meeting to May 18, 2011 at 7:30 p.m. for a mid-month meeting. The time was 12:27 p.m. Carolyn F. Morris, Town Clerk Approved: Mayor: June 1, 2011 Robert O. Oakes, Jr. 18