WEDNESDAY, MARCH 7, 2012; 9:00 A.M. - FOCUS Advisory ...

AGENDA

TOWN OF NAGS HEAD BOARD OF COMMISSIONERS NAGS HEAD MUNICIPAL COMPLEX BOARD ROOM

WEDNESDAY, MARCH 7, 2012; 9:00 A.M.

REGULAR SESSION

A. CALL TO ORDER/MOMENT OF SILENT MEDITATION/PLEDGE OF ALLEGIANCE

B. ADOPTION OF AGENDA (Attachment 1)

C. AUDIENCE RESPONSE - Time Specific - 9:00 a.m. (Attachment 2)

D. Report from Outer Banks Sporting Events – Update and presentation of the Outer Banks Marathon (Attachment 3)

E. CONSENT AGENDA 4) Consideration of Budget Adjustment #9 to FY 11/12 Budget Ordinance (Attachment 4)

5) Consideration of Amendment #8 to Beach Nourishment Project Ordinance (Attachment 5)

6) Consideration of Tax Adjustment Report (Attachment 6)

7) Consideration of Tax Delinquent Listing for advertisement (Attachment 7)

8) Approval of Minutes (Attachment 8)

9) Approval to apply to NC League of Municipalities for Wellness grant to purchase equipment for Wellness Room (Attachment 9)

F. PUBLIC HEARINGS 10) Public Hearing to consider conditional use/site plan amendment submitted by Darnell Tillett to locate a 10’ x 22’ accessory structure upon the property located at 6504 S. Croatan Highway (Full Throttle Speedway). The property is zoned C2, General Commercial and is located within the Commercial Outdoor Recreation Overlay District (Attachment 10)

11) Public Hearing to consider adoption of zoning ordinance text amendments to allow the use of digital signage within the Town (Attachment 11)

G. REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR 12) Report on Safe Routes to School Program and Request for Action (Attachment 12)

H. OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS 13) Second Reading – Consideration of adoption of zoning ordinance text amendment for purpose of permitting and regulating the rental of beach chairs and umbrellas – from February 1, 2012 Board meeting (Attachment 13)

I. NEW BUSINESS14) Committee Reports (Attachment 14)

15) Consideration of Memorial Avenue waterline extension (Attachment 15)

16) Consideration of lowering speed limit from 50 MPH to 45 MPH from Eighth Street south to Villa Dunes Drive on US 158 (Attachment 16)

J. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY 17) Request for Closed Session for Board to confer with the Town Attorney regarding Cherry Inc. and

Sansotta litigation IAW GS 143-318.11(a)(3) (Attachment 17)

K. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER (Attachment 18)

L. BOARD OF COMMISSIONERS AGENDA 19) Comr. Cahoon – Update on stormwater drainage projects (Attachment 19)

M. MAYOR’S AGENDA (Attachment 20)

N. OTHER BUSINESS

O. ADJOURNMENT

Respectfully submitted, Carolyn F. Morris, Town Clerk

Agenda Item Summary Sheet

Item No: 3Meeting Date: March 7, 2012

Item Title: Report from Outer Banks Sporting Events (OBSE)

Item Summary:

At the March 7th Board of Commissioners meeting, Jim Snyder of Outer Banks Sporting Events will provide an oral update on the November 2012 Outer Banks Marathon.

Number of Attachments: 0 Specific Action Requested:

Provided for Board update.

Submitted By: Administration Date: February 29, 2012 Finance Officer Comment:

Insufficient information to determine precise fiscal impact.

Signature: Kim Kenny Date: February 29, 2012 Town Attorney Comment:

N/A

Signature: John Leidy Date: February 29, 2012 Town Manager Comment:

Letters and applications have been sent to those requesting funds from the Town and are due back April 2nd for Board consideration during the budget process.

Signature: Cliff Ogburn Date: February 29, 2012



Item Title: Consideration of Budget Adjustment #9 to FY 11/12 Budget Ordinance

Item Summary:

Attached please find Budget Adjustment #9 to the FY 11/12 operating budget for Board consideration and adoption at the March 7, 2012 Board of Commissioners meeting. Staff memo and associated workbook/spreadsheet are also provided.


Request Board adoption of Budget Adjustment #9 as presented.

Submitted By: Kim Kenny, Finance Officer Date: February 29, 2012 Finance Officer Comment:

Request Board adoption of the budget ordinance amendment as presented.


N/A


I concur with staff.


Robert O. Oakes, Jr Mayor

Doug RemaleyMayor Pro Tem

Cliff Ogburn Town Manager

Anna D. Sadler Commissioner

M. Renée Cahoon Commissioner

Susie Walters Commissioner

Town of Nags Head Post Office Box 99

Nags Head, North Carolina 27959 Telephone 252-441-5508

Fax 252-441-0776 www.nagsheadnc.gov

M E M O R A N D U M

To: Mayor and Board of Commissioners

From: Administrative Services

Date: February 28, 2012

Subject: Budget Adjustment #9 for FY2011 – 2012

Attached for your consideration is Budget Adjustment #9 that consists of eleven requests.

General Fund:

The first request increases anticipated revenues from Birthday Sales by $1,500 with a corresponding increase to Governing Body Special Events to fund the costs of an additional order of anniversary cookbooks for resale. Additionally, $500 is transferred from Administration Advertising in the amount of $250 and from Departmental Supplies in the amount of $250 with a corresponding increase to Governing Body Dues & Subscriptions to cover an existing shortfall in funding.

The second request transfers funds within Administrative Services in the amount of $15,126 from L/P Principal to Vendor Financing for the second of four annual payments for the purchase of new accounting software in FY 10/11 that was financed by the vendor without any interest rather than the normal bank financing of capital which would have included an interest cost to the Town.

The third request transfers funds within Planning from Professional Fees in the amount of $5,383 with increases to Part-time Salaries of $5,000 and to FICA of $383 to fund an additional building inspector on a part time temporary basis to assist with current workload demands.

The fourth request transfers funds within Public Works Administration from Travel to Maintenance/Repair Vehicles in the amount of $240 to cover an existing shortfall in funding. Similarly, $840 is transferred from Public Works Facilities Travel to Public Works Administration Contracted Services for funding an overage in that line item.

The fifth request transfers funds within Public Works Facilities from Training to Professional Fees in the amount of $518 to cover an existing shortfall.

The sixth request increases anticipated revenues from an Outer Banks Visitor’s Bureau Grant in the amount of $150,000 with a corresponding increase to Public Works Facilities Maintenance Pier Grant line item for additional funding for the parking and recreation improvements for the Town’s site across from Jennette’s Pier.

The seventh request increases anticipated revenues from Insurance Proceeds by $7,342 with a corresponding increase to Police Maintenance/Repair Vehicles to fund the cost of vehicle repairs incurred from accidental damage covered by insurance.

The eighth request increases anticipated revenues from Drug Forfeiture funds in the amount of $1,031 with a corresponding increase to Drug Forfeiture Departmental Supplies for the costs to purchase and install fencing to secure an impound yard.

The ninth request transfers $2,000 within Fire from Maintenance/Repair Equipment to Maintenance/Repair Vehicles to cover an existing shortfall in funding.

Water Fund

The tenth request transfers funds within Water Administration in the amount of $3,419 from L/P Principal to Vendor Financing for the second of four annual payments for the purchase of new accounting software in FY 10/11 that was financed by the vendor without any interest rather than the normal bank financing of capital which would have included an interest cost to the Town.

The eleventh request increases anticipated funding from Unappropriated Retained Earnings of $48,800 with a corresponding increase to Water Operations Capital Outlay Other for additional funding for the Gull Street water tank project for adding mixing equipment and repiping the water flow for improved water quality.

2011-12 BUDGET BUDGET ADJ #1-8 BUDGET ADJ #9 REVISED BUDGET

GOVERNING BODY $177,741 $11,976 $2,000 $191,717SPECIAL PROJECTS $239,020 $239,020SPEC OBLIG BOND DEBT $4,046,400 $4,046,400ADMINISTRATION $489,910 $32,120 ($500) $521,530LEGAL SERVICES $150,000 $30,000 $180,000ADMINISTRATIVE SERVICES $945,819 ($101,605) $844,214INFORMATION TECHNOLOGY $325,354 $22,637 $347,991PLANNING & DEVELOPMENT $702,848 $36,275 $739,123PUBLIC WORKS - ADMIN $426,182 $138,309 $840 $565,331FACILITIES MAINTENANCE $1,244,521 $180,672 $149,160 $1,574,353MAINTENANCE GARAGE $297,730 $4,335 $302,065STATE STREET AID $117,000 $117,000SANITATION $1,023,277 $288,939 $1,312,216SOLID WASTE DISPOSAL $600,000 ($3,000) $597,000POLICE $1,911,024 $208,694 $7,342 $2,127,060DRUG FORFEITURE $0 $4,159 $1,031 $5,190ANIMAL CONTROL $79,011 $41,161 $120,172FIRE $1,994,230 $46,545 $2,040,775FIRE - VOLUNTEERS $25,082 $1,161 $26,243OCEAN RESCUE $504,416 $31,640 $536,056

TSFER TO CAPITAL RESERVE $358,517 $358,517TSFER TO STORM WATER $0 $0TSFER TO BEACH NOURISH $0 $0CAPITAL IMPROVEMENTS PLAN $0 $0CONTINGENCY * $125,000 ($66,717) $58,283

TOTAL GENERAL FUND $15,783,082 $907,301 $159,873 $16,850,256

INCREASE(DECREASE) IN BUDGETED REVENUES:ARRA grantInsurance proceeds $7,342Birthday sales $1,500FEMA ReimbursementContribution from Dare Co.Drug forfeiture $1,031Pit Fire PermitsOBVB Grant $150,000OccupancyContribution from CRFContribution from WF TOTAL $159,873

* Use of contingency: beginning balance $125,000

Remaining Contingency Balance $125,000


WATER ADMINISTRATION $148,322 ($4,651) $143,671WATER SEPTIC HEALTH $140,365 $1,063 $141,428WATER OPERATIONS $1,488,356 $18,012 $48,800 $1,555,168WATER DISTRIBUTION $378,926 $7,531 $386,457

TRANSFER TO GF $515,000 $515,000TRANSFER TO GF $0 $0

CONTINGENCY $50,000 $50,000

CAPITAL IMPROVEMENTS PLAN $0 $0

$2,720,969 $21,955 $48,800 $2,791,724

INCREASE(DECREASE) IN BUDGETED REVENUES:

Unappropriated RE $48,800Vendor FinancingFEMAInsurance proceedsCustomer Water SalesInvestment Interest TOTAL $48,800

* Use of contingency: beginning balance $50,000

Remaining Contingency Balance $50,000

STORM WATER MANAGEMENT FUND

STORM WATER EXPENDITURES $313,112 $66,581 $379,693

$313,112 $66,581 $0 $379,693


NAGS HEAD LEASING

NAGS HEAD LEASING EXPENDITURES $0 $0

$0 $0 $0 $0

CAPITAL RESERVE FUND

CONTRIBUTION TO GF $29,163 $29,163CONTRIBUTION TO BSOPF $0 $0REPAYMENT OF INTERFUND $0 $0CONTRIBUTION TO F/B $346,638 $346,638

$375,801 $375,801

TOTAL BUDGET $19,192,964 $20,397,474

Robert O. Oakes, Jr. Mayor

Doug Remaley Mayor Pro Tem








TOWN OF NAGS HEAD BUDGET ORDINANCE FISCAL YEAR 2011-12

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, meeting in session this the 7th day of March 2012, that the budget ordinance as adopted on June 15, 2011, effective July 1, 2011, as amended July 6, 2011 and August 3, 2011, September 7, 2011, October 5, 2011, November 2, 2011, December 7, 2011, January 4, 2012, and February 1, 2012, is hereby further amended to read as follows:

SECTION I, GENERAL FUNDRevenues Anticipated1. TaxesCurrent Year Ad Valorem Taxes $4,847,435 Municipal Service District Taxes $2,364,917 Less: 1% Discount ($44,628)Prior Year Taxes 10,000Penalties and Interest 10,300Sales Tax (1/2%) (40) 171,000Sales Tax (1/2%) (42) 370,000Hold Harmless 43,000Local Option Sales Tax (1%) 803,000Occupancy Tax 1,931,280Land Transfer Tax 424,000Total Taxes $10,930,304 2. Licenses and PermitsPrivilege Licenses $35,000 Beach Driving Permits 12,000Building Permits 142,500CAMA Permits 5,000Review Fees 20,000Cable Franchise Fees 209,000Automobile Licenses 675Total Licenses and Permits $424,175 3. IntergovernmentalFEMA Reimbursement $271,174 Contributions from Other Governments 5,000Utility Franchise Tax 295,000Telecommunications Tax 60,000Beer and Wine Tax 14,000State Street Aid Allocation 117,000Court Fees 4,000

Drug Forfeiture 5,190NCLM Grants 3,500OBVB Grants 162,500Contributions from Other Governments 2,052,963Contributions from Water Fund 515,000Contributions from Capital Reserve Fund 29,163Total Intergovernmental $3,534,490 4. Miscellaneous RevenuesInvestment Earnings $75,000 Sale of Fixed Assets 20,000ABC Distributions 12,000Mixed Drink Surcharge 34,000Dumpster Sales 15,978Automated Cart Sales 4,517Facilities Fees 40,000Rents (YMCA pass-through, tower, and OBMC) 379,020Loan Proceeds 142,216All Other Revenues 71,675Total Miscellaneous $794,406Appropriated Fund Balance $1,166,881TOTAL GENERAL FUND REVENUES $16,850,256 Expenditures Authorized:Governing Body $191,717 Special Projects 239,020Special Obligation Debt Service 4,046,400Administration 521,530Legal Services 180,000Administrative Services 844,214Information Technology 347,991Planning and Development 739,123Public Works - Administration 565,331Facilities Maintenance 1,574,353Maintenance Garage 302,065State Street Aid 117,000Sanitation 1,312,216Solid Waste Disposal 597,000Police 2,127,060Drug Forfeiture 5,190Animal Control 120,172Fire 2,040,775Fire(Volunteers) 26,243Ocean Rescue 536,056Transfer to Capital Reserve Fund 358,517Contingency 58,283TOTAL GENERAL FUND EXPENDITURES $16,850,256

SECTION II, WATER FUNDRevenues AnticipatedCharges for Utilities $2,300,000 Taps/Connection Fees 10,000Reconnection Fees 9,000Interest on Investment 5,000Penalties and Interest 21,000Septic Loan Repayments 13,000FEMA Reimbursement 14,463Miscellaneous Revenues 9,864Appropriated Retained Earnings 409,397

TOTAL WATER FUND REVENUES $2,791,724

Expenditures AuthorizedAdministration $143,671 Septic Health 141,428Operations 1,555,168Distribution 386,457Contribution to General Fund 515,000Contingency 50,000

TOTAL WATER FUND EXPENDITURES $2,791,724

SECTION III, STORM WATER FUNDRevenues AnticipatedStorm Water Fees $113,112 Appropriated Retained Earnings 266,581TOTAL STORM WATER FUND REVENUES $379,693

Expenditures AuthorizedStorm Water Expenditures $379,693

TOTAL STORM WATER FUND EXPENDITURES $379,693

SECTION IV, NAGS HEAD LEASINGRevenues Anticipated

TOTAL NAGS HEAD LEASING REVENUES $0

Expenditures AuthorizedTOTAL NAGS HEAD LEASING EXPENDITURES $0

SECTION V, CAPITAL RESERVE FUNDRevenues Anticipated:

Contributions from General Fund $346,638Appropriations/Admin Facility Fees 4,106Appropriations/Fire Facility Fees 0Appropriations/Police Facility Fees 20,764Appropriations/Sanitation Facility Fees 0Appropriations/Recreation Facility Fees 4,293Appropriations/Municipal Complex Debt 0Appropriations/Erosion Abatement 0

TOTAL REVENUES $375,801

Expenditures Authorized:Contributions to General Fund $29,163Repayment of Interfund Debt to General Fund 0Contributions to Fund Balance 346,638

TOTAL EXPENDITURES $375,801

TOTAL BUDGET FISCAL YEAR 2011-2012 $20,397,474

SECTION VI, TAX RATES ESTABLISHED

A tax rate of Seventeen and three-fourth ($.1775) cents per hundred dollar valuation is hereby levied on all real estate and personal property in the Town of Nags Head as of January 1, 2011. The estimated valuation of said property is Three Billion, Ninety Three Million, Two Hundred Two Thousand, and Eight Hundred Eighteen Dollars ($3,093,202,818). The estimated collection rate of Ninety-Nine and one Half Percent (99.50%) is based on the collection rate for the Fiscal Year ended June 30, 2011. A tax rate of Sixteen ($.1600) cents per hundred dollar valuation is hereby levied on all real estate and personal property located in the municipal service districts of the Town of Nags Head as established on February 16, 2011. The estimated valuation of said property is One Billion, Ninety Eight Million, Eight Hundred Fifty Three Thousand, Three Hundred Dollars ($1,098,853,300). The estimated collection rate of Ninety-Nine and one Half Percent (99.50%) is based on the collection rate for the Fiscal Year ended June 30, 2011.

SECTION VII, SPECIAL AUTHORIZATION - BUDGET OFFICER

The Budget Officer shall be authorized to reallocate departmental appropriations among the various objects of expenditures as (s)he believes necessary. Such changes shall be reported to the Finance Officer immediately, and to the Governing Body at the next regular meeting or on the next succeeding monthly budget transfer report.

The Budget Officer shall be authorized to make interdepartmental transfers, in the same fund, not to exceed 10% of the appropriated monies for the department whose allocation is reduced. Notation of all such transfers shall be made to the Board of Commissioners at the next regular meeting or on the next succeeding monthly budget transfer report.

SECTION VIII, RESTRICTION - BUDGET OFFICER

The use of any contingency appropriations shall be accomplished only with prior authorization from the Board of Commissioners.

No salary increases, beyond those set forth in the budget document, excluding promotional increases in accordance with the personnel policy not to exceed 5%, may be made without Board approval.

The use of appropriations established for Capital Reserve may be accomplished only with the approval of the Board.

Interfund Transfers, not established in the budget document, may be accomplished only with prior authorization from the Board.

SECTION IX, UTILIZATION OF BUDGET AND BUDGET ORDINANCE

This Ordinance and the Budget Document shall be the basis of the financial plan for the Town of Nags Head, North Carolina Municipal Government during the 2011-2012 Fiscal Year. The Budget Officer shall administer the Budget and (s)he shall insure that operating officials are provided guidance and sufficient details to implement their appropriate portion of the Budget. The Accounting Section shall establish records which are in accordance with the Budget and this Ordinance and the appropriate statutes of the State of North Carolina.

ADOPTED THIS 7th DAY OF MARCH 2012.

_____________________ BOB OAKES, MAYOR

ATTEST:

_________________________ Carolyn F. Morris, Town Clerk

Motion to Adopt by Commissioner Motion Seconded by Commissioner Vote: Ayes Noes Recorded in Minute Book , Page



Item Title: Approval of Site Work Contract for Whalebone Park (to be included with Budget Adjustment #9 to FY 11/12 Budget Ordinance)

Item Summary:

An informal bid opening for the Whalebone Park construction project was held on Tuesday, February 28th, 2012 at 2:00 p.m. Results are summarized below:

Bidder Base Bid Barnhill Contracting $209,710.00 Hatchell Concrete $475,000.00 RPC Contracting $218,230.00

Staff recommendation is to award the project to Barnhill Contracting for $209,710.00 plus a 10% contingency fund amount ($20,971.00).

Number of Attachments: 0Specific Action Requested:

Authorize the Town Manager to execute a contract with Barnhill Contracting in the amount of $209,710.00 and allocation of a 10% contingency fund amount ($20,971.00) for the Whalebone Park development project. Total budget amount not to exceed $230,681.00.

Submitted By: Eddie Valdivieso, Project Manager Date: February 29, 2012Finance Officer Comment:

With the budget adjustment adding partial grant funding for this project, sufficient funds are available to move forward with this contract and project as requested.


I will participate in the discussion as necessary.





Item Title: Consideration of Amendment #8 to Beach Nourishment Project Ordinance

Item Summary:

Attached please find Amendment #8 to the Beach Nourishment Project Ordinance for Board consideration at the March 7th Board of Commissioners meeting.

Amendment #8 allows for increased funding for the ocean outfall extensions and it also allows for repairs to the Gray Eagle Beach Access which served as the staging area for last year’s Beach Nourishment Project.


Request Board adoption of Amendment #8 to the Beach Nourishment Project Ordinance as presented.

Submitted By: Kim Kenny, Finance Officer Date: February 29, 2012 Finance Officer Comment:

Request Board adoption of the ordinance amendment as presented.


N/A


I concur with staff’s request.


Robert O. Oakes, Jr Mayor









M E M O R A N D U M

To: Mayor and Board of Commissioners

From: Administrative Services

Date: February 28, 2012

Subject: Beach Nourishment Project Ordinance Amendment #8

Attached for your consideration is Beach Nourishment Project Ordinance Amendment #8 that consists of one change.

Beach Nourishment Project Fund:

This request decreases funding for Contingency by $200,000 with increases to Other of $200,000 to increase funding for ocean outfall reconstruction from $1,371,162 to $1,556,173, an increase of $185,711 for contract change orders two and three and to provide additional funding in the amount of $14,289 for repairs to the Grey Eagle beach access site which served as the staging area for the beach nourishment project.

Robert O. Oakes, Jr. Mayor









BEACH NOURISHMENT PROJECT ORDINANCE

BE IT ORDAINED by the Governing Board of the Town of Nags Head, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Caroline, the following capital project ordinance as adopted November 2, 2005 as amended December 20 2006, December 2, 2009, June 16, 2010, October 20, 2010, March 2, 2011, June 1, 2011, and October 5, 2012, is hereby further amended as follows:

Section 1. The project authorized is a locally funded beach nourishment project to be financed by the sale of special obligation bonds to be repaid from one of the following sources: contributions from Dare County, ad valorem revenues, or other sources of revenue.

Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the bond resolution and the budget contained herein.

Section 3. The following amounts are appropriated for the project:

Engineering and construction oversight $ 1,762,125 Pumping costs 25,528,000 Mobilization/Demobilization 4,656,000 Contingency 1,750,000 Professional Fees 330,713 Monitoring 402,000 Contribution to General Fund 1,027,251 Other 1,571,162

$37,027,251

Section 4. The following revenues are anticipated to be available to complete this project:

Proceeds from special obligation bonds $18,000,000 Contribution from Dare County 18,000,000 Contribution from General Fund 1,027,251

$37,027,251

Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient detailed accounting records to satisfy federal, state, and local regulations. The terms of the bond resolution should also be met.

Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due.

Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3.

Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues in this capital project in every budget submission made to this Board.

Section 9. Copies of this project ordinance shall be furnished to the Clerk of the Governing Board, and to the Budget Officer and Finance Officer for direction in carrying out this project.

Adopted this 7th day of March, 2012.

______________________________ ROBERT O. OAKES, JR., MAYOR

ATTEST:

_________________________ Carolyn F. Morris, Town Clerk

Motion to Adopt by Commissioner Motion Seconded by Commissioner Vote: Ayes Noes Recorded in Minute Book , Page



Item Title: Tax Adjustment Report

Item Summary:

Attached please find the list of adjustments to the 2011 Tax Levy - submitted for your approval on March 7, 2012. These have been reviewed with Dare County tax personnel.


Request Board approval of the Tax Adjustment Report as presented.

Submitted By: Becky Huff, Tax Collector Date: February 29, 2012 Finance Officer Comment:

Request approval of attached Tax Adjustment Report as presented.


N/A




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Item Title: Consideration of Tax Delinquent Listing for advertisement

Item Summary:

State Statute requires that the advertisement of tax liens, to include the listing of all to whom property is delinquent, be provided for Board information. Attached please find the 2011 listing and the associated advertisement. Provided for Board information at the March 7th Board of Commissioners meeting.


Advertisement and Tax Delinquent Listing provided for Board information.

Submitted By: Becky Huff, Tax Collector Date: February 29, 2012 Finance Officer Comment:

No unbudgeted fiscal impact.


N/A




Under and by virtue of the authority vested in me by section 105-369 of the North Carolina General Statutes and pursuant to an order of the Board of Commissioners of the Town of Nags Head, dated February 1, 2012, I am hereby advertising tax liens for the year 2011 upon the real estate and personal property described below. The amount advertised will be increased by interest and costs, and the omission of interest and costs from the amount advertised will not constitute a waiver of the taxing unit’s claim for those items. The real estate that is subject to the lien, the name of the person to whom the property is delinquent for taxes at January 6, 2012 and the amount of the taxes and interest due are set out below. If the taxes remain unpaid after this advertisement is completed, the lien may be foreclosed by the taxing unit and the property sold to satisfy the taxing unit’s claim for taxes.

This is the 7th day of March, 2012.

Becky Huff Tax Collector Town of Nags Head

TOWN OF NAGS HEAD PO BOX 99

NAGS HEAD, NC 27959 252-441-5508

ADVERTISEMENT OF TAX LIENS ON REAL PROPERTY FOR THE YEAR 2011

Parcel Owner Name Property Location Balance Due006086091 219 W. WINDJAMMER ROAD, LLC 219 W WINDJAMMER RD 563.91100000002 AMERICA CHARTERS LTD CORPORATE UTILITY 1.47005966017 ANGE, ARTIE B 2602 S ANCHOR LN 1,321.45006241000 ARNOLD, PAUL MILO 4703 S BLUE MARLIN WAY 497.01007790000 AYCOCK, TERESA LYNN 413 W BARRACUDA DR 212.77007050000 AYERS, ADRIAN O 8320 S OLD OREGON INLET RD 622.51008903000 B & J INVESTMENTS OF EDENTON, LLC 9802 E SURFSIDE DR 25.55006921000 BALL, HAROLD E 305 W LAKESIDE ST 366.10027839079 BARTLETT, FORREST L S CROATAN HWY 604.51008062000 BEACH GLASS, LLC 110 E OREGON DR 1,529.35007068000 BITTLE, FRANCES B ESTATE 8220 S OLD OREGON INLET RD 342.82007302000 BOCK, ROBERT E 9327 S OLD OREGON INLET RD 1,153.23026364094 BRINKLEY, BERTIE C 2500 S BRIDGE LN 213.89024961543 CADIEUX, KATHRYN 5316 S CHIPPERS CT 1,726.11024961448 CAHOON, RONNIE W 101 LOCHRIDGE WEST CT 596.43008050000 CARRAWAY, JAMES O 9828 E SURFSIDE DR 158.51006080001 CARTWRIGHT, RANDY M W LOOKOUT RD 4.51007545000 CASTELLANI, NORMAN W 3827 S VA DARE TRL 1,075.64005331000 CHORY, R LAWRENCE 3104 S VA DARE TRL 9.30018265000 COASTAL READY MIX CONCRETE CO 303 W EIGHTH ST 1,367.76026799000 COASTAL READY MIX CONCRETE CO 2110 S LARK AVE 6.79005361000 COATES, THOMAS F III 3006 S MEMORIAL AVE 545.52005753000 COFFIELD, SUSAN V 2918 S WRIGHTSVILLE AVE 418.25000380153 COFFIN, KEITH A E OCEANWATCH CT 11.26006968304 COLEMAN, LARRY K 8119 S OLD OREGON INLET RD 103.52006971007 CROC, LLC 8123UT210 S OLD OREGON INLE 519.16006971010 CROC, LLC 8123UT101 S OLD OREGON INLE 519.16006971011 CROC, LLC 8123UT102 S OLD OREGON INLE 519.16006971012 CROC, LLC 8123UT103 S OLD OREGON INLE 635.14006971013 CROC, LLC 8123UT104 S OLD OREGON INLE 627.10006971018 CROC, LLC 8123UT201 S OLD OREGON INLE 519.16006971019 CROC, LLC 8123UT202 S OLD OREGON INLE 519.16006971020 CROC, LLC 8123UT203 S OLD OREGON INLE 635.14006971025 CROC, LLC 8123UT301 S OLD OREGON INLE 519.16006971026 CROC, LLC 8123UT302 S OLD OREGON INLE 519.16006971027 CROC, LLC 8123UT303 S OLD OREGON INLE 635.14006971028 CROC, LLC 8123UT304 S OLD OREGON INLE 627.10006971029 CROC, LLC 8123UT305 S OLD OREGON INLE 627.10027934023 D SQ, INC 2224 S CROATAN HWY 266.78005866000 DAVENPORT, TEDDY S JR 306 W ALBEMARLE DR 483.59005866001 DAVENPORT, TEDDY S JR W ALBEMARLE DR 483.59016551094 DAVENPORT, TEDDY S JR 3417 S MEMORIAL AVE 549.38007997008 DAVIS, GARLAND LOYD JR 8723B S OLD OREGON INLET RD 40.57008797006 DAVIS, HERBERT B 102 W FORBES ST 46.50012415001 DAVIS, HERBERT B 118 W FORBES ST 40.17006501000 DAVIS, JOAN R TTEE 306 W BARRACUDA DR 463.58006283000 DEAS, STEPHANIE R 311 W SANDPIPER TER 506.57006571000 DEVLIN, ROBERT E 6913 S VA DARE TRL 34.92007101015 DIBARTOLO, STEPHANIE 7531 S VA DARE TRL 132.30006442000 DOD, NANCY LEE 301 W STURGEON DR 671.94007520000 DOMANSKI, JULIAN 10239 S COLONY SOUTH DR 467.25006176000 DOMROE, MARK S 4719 S PAMLICO WAY 582.09027435005 DOTSON, RODNEY 10321 S OLD OREGON INLET RD 214.33027839100 DOUBLE L CORPORATION S CROATAN HWY 416.36

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006541000 DOUBLE L CORPORATION 6805 S VA DARE TRL 5,574.62006541001 DOUBLE L CORPORATION 6807 S VA DARE TRL 5,627.32027839063 DOUBLE L CORPORATION 4923 S CROATAN HWY 2,455.86028245000 DOUBLE L CORPORATION 6802 S VA DARE TRL 854.02011368000 DUCK FARMS VILLAS, LLC 500-J1 W VILLA DUNES DR 7.15028941000 DUNES LANTERN LIMITED 6317 S VA DARE TRL 952.23007848000 DUVALL, WILLIAM B 110 S MARINA DR 496.47024961370 EAST BAY MORTGAGE, INC 103 W BONNIE LN 392.84006079068 EMR OBX, LLC 213 S CUTTY SARK LN 185.76006014000 EVANS, TYLER 322 W VILLA DUNES DR 758.85007075000 EVERETT, HALLET W 8208 S OLD OREGON INLET RD 321.73005803000 FARY, LAWRENCE W TRUSTEE 2902 S PAMLICO AVE 193.84005485000 FEDERAL NATIONAL MORTGAGE ASSOC 2608 S MEMORIAL AVE 753.34005540000 FERGUSON, WILLIAM A 3211 S WRIGHTSVILLE AVE 603.24006715000 FOREMAN, WILLIAM W JR 3207 S VA DARE TRL 3,844.62029625005 FRANCE BROTHERS LTD S VA DARE TRL 188.70024961499 FRANKLIN, DEBORAH L 5018 W SPOON CT 3.93005634009 FRANKLIN, MARK S S VA DARE TRL 793.02005319000 FROST, JENNIFER JEAN 3120 S VA DARE TRL 867.71005320000 FROST, JENNIFER JEAN 3118 S VA DARE TRL 803.22005342000 FROST, JENNIFER JEAN 3117 S MEMORIAL AVE 524.90027839061 G & W PARTNERSHIP E KATIE CT 7.90005788005 GARDNER, GARNETTE GUYTON 2919 S PAMLICO AVE 483.98008712002 GATEWAY BANK & TRUST COMPANY 4711 S CROATAN HWY 269.92008712003 GATEWAY BANK & TRUST COMPANY 4711 S CROATAN HWY 269.92030788000 GATEWAY BANK & TRUST COMPANY 3106 S OCEAN VIEW CT 406.98005745002 GEG, LLC 111 E BALTIC ST 567.03006277000 GERDRON, FRANCIS G 205 W SANDPIPER TER 461.01007034000 GRAHAM, D M & 8422 S OLD OREGON INLET RD 320.17006477000 GRAY, JAMES E 4324 W BARRACUDA DR 4.56005380000 GRAY, JOHN S 2906 S MEMORIAL AVE 68.99007314000 GRONDAHL, JOHN M 9407 S OLD OREGON INLET RD 1,329.38008712001 HALLORAN, BRIAN 4711 S CROATAN HWY 263.11026379603 HENRY, EDWARD P III 4905F3 S VA DARE TRL 863.44007104019 HIGH, JOHN H JR LONE CEDAR CT 517.58030839000 HINES, BEAMAN L SR 4111 S CROATAN HWY 1,284.81005794000 HORTON, MICHAEL C 2908 S MEEKINS AVE 356.09029040000 HOWLETT, ESTHER ELAINE 3327 S BUCCANEER DR 206.33024961256 HURRICANE MO'S, INC 102 THORNRIDGE CT 407.17007182000 INTERCON INC 8901 S OLD OREGON INLET RD 103.52026364137 JOHNSON, RAYMOND S JR 424 W BRIDGE LN 228.76006243000 JONES, RAY C ESTATE 4645 S BLUE MARLIN WAY 555.26006075000 JOYNER, JOHN BENJAMIN JR 216 W LOOKOUT RD 427.74008941000 KARAGEORGE, PAUL 10025D E PELICAN ST 22.74005949000 KEEN, BOBBY S 3309 S BUCCANEER DR 511.34010302000 KELLAHER, EUGENE J 112 E MCCALL CT 1.03027429000 KELLAM-FRANCE INC 7710 S VA DARE TRL 1,869.04016551037 KING, JEFFREY C 3318 S LINDA LN 1,041.33005306000 KIRCHEIMER, CHARLES E 307 E BONNETT ST 7.70027751000 KIRKMAN, KARAL I 211 W LOST COLONY DR 343.42027266001 KNIGHT, MONTGOMERY JR TRUSTEE S VA DARE TRL 10.67007104002 KORBACH, CHARLES GORDON 7512 S VA DARE TRL 924.39007104039 KORBACH, CHARLES GORDON S VA DARE TRL 287.92006971016 LAFFEY, MICHAEL D 8123UT106 S OLD OREGON INLE 627.10006589001 LAZOR, LISA A 6931 S VA DARE TRL 1,654.24

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007355000 LIESNER, LARRY A 9701G E NANSEMOND ST 5.24005542000 LILLEY, JOHN S JR 3215 S WRIGHTSVILLE AVE 581.54007997006 LITTLE, RUSH 8725C S OLD OREGON INLET RD 607.35005789000 LOWE, KEELY JEFFERS 2913 S PAMLICO AVE 416.06027839019 LYNCH, JOHN P 4804 E ENGAGEMENT HILL LOOP 112.81005511000 MARK BALLOG HOLDINGS, LLC 3308 S VA DARE TRL 20.51006689001 MARTIN-BAKER, NICOLE 300 E DRIFTWOOD ST 1,811.86009214000 MASTERSON, TERESA ANN 4312 S HAMMERHEAD DR 419.66007495000 MATTINGLY, STEPHEN A 10219 S COLONY SOUTH DR 6.06006482000 MCCAULEY, EDWARD R TRUSTEE 218 W BARRACUDA DR 429.96006483000 MCCAULEY, EDWARD R TRUSTEE 222 W BARRACUDA DR 250.07030449000 MCGEHEE, E GARRETT III 4120 W DUPPIES CT 615.53011405000 MCMILLAN, MARY ALICE 500-P2 W VILLA DUNES DR 356.30024961055 MELKA, GABRIELLE M 115 W MARSH COVE DR 662.93028460000 MEYER, JOSEPH 113 E MCCALL CT 1,937.32006422000 MORSE, MICHAEL L 4727 S POMPANO CT 1.04011434002 NAGS HEAD OASIS 10,LLC 7119 S VA DARE TRL 108.76011434003 NAGS HEAD OASIS 11 LLC 7121 S VA DARE TRL 65.90011434001 NAGS HEAD OASIS, LLC 7117 S VA DARE TRL 135.33028958000 NELSON, LOWELL E 6317 S VA DARE TRL 988.91006166000 NEWMAN, JESSE LANCE JR 4716 S COBIA WAY 583.55030614000 NEWWIND PROPERTIES, LLC 103 E SAND CASTLE CT 3,201.69005324000 NORMAN, MATTHEW W 3110 S VA DARE TRL 743.80005659000 OBP, LLC 2405 S CROATAN HWY 1,050.89006429000 OLLICE, JANE M 4710 S POMPANO CT 411.94007101005 OVERTON, JAMES L SR 7531 S VA DARE TRL 131.94007101006 OVERTON, JAMES L SR 7531 S VA DARE TRL 151.95007101007 OVERTON, JAMES L SR 7531 S VA DARE TRL 120.53006633000 OWENS-SHANNON LLC 7106 S VA DARE TRL 689.58006634000 OWENS-SHANNON LLC 7108 S VA DARE TRL 687.73006635000 OWENS-SHANNON LLC 7110 S VA DARE TRL 687.73008867000 OWENS-SHANNON LLC 7122 S VA DARE TRL 4,174.36009216000 OWENS-SHANNON LLC 7114 S VA DARE TRL 3,734.32009220000 OWENS-SHANNON LLC 7115 S VA DARE TRL 4,322.68006849000 PARNELL, NOLIE K TTEE OF THE 4508 S HESPERIDES DR 1,274.39006580001 PARTRIDGE, BEN W 6921 S VA DARE TRL 44.23016551010 PERRY, KATHLEEN S MEMORIAL AVE 520.89026364134 PETTY, ROBERT D 418 W BRIDGE LN 228.76029103082 PETTY, ROBERT D 2617 S COMPASS LN 596.78011432000 PI LA ENTERPRISES 500-T5 W VILLA DUNES DR 382.55029038000 PRICE, ROBERT W 3335 S BUCCANEER DR 411.94028643000 PUGH, VICTOR H 2507 S MEMORIAL AVE 659.62006121006 PURCELL, JO ANN WALDO TRUSTEE 110 W NORTHPORT LN 453.47006559016 PWH PROPERTIES, LLC 6930 S VA DARE TRL 1.04005647036 QUIDLEY, JOHN MARK W CAROLINIAN CIR 282.60006452000 R.E LEITNER, JR CUSTOM BUILDERS, INC 4346 S HAMMERHEAD DR 282.42027839077 RBC BANK (USA) 5211 S CROATAN HWY 3,233.07010207000 REBER, TIMMY E 209 W SOUNDSIDE RD 338.62006862001 RIBEIRO, ANTHONY CHARLES 6316 S VA DARE TRL 831.62029686133 ROBINSON, SUSAN I 107 W GRAY EAGLE ST 661.10011434000 ROLLED SEA OATS, LLC 7123 S VA DARE TRL 327.84005230000 ROSS, DAVID H 208 E ARIO ST 552.29009046000 RUBEL, JOSEPH P 10114 S COLONY SOUTH DR 405.51007098000 S & S INVESTMENTS GROUP, INC 7603 S VA DARE TRL 1,912.36012212000 SARGENTE, ROBERT C 5515 S VA DARE TRL 959.61

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006100000 SARRES, NICHOLAS TRUSTEES 215 W WINDJAMMER RD 10.60007845016 SAWYER, BYRON P 8104 S OLD OREGON INLET RD 554.17007769000 SCHMIDT, WILLIAM J 508 S HESPERIDES DR 637.48008848000 SEATREE, LLC 7332 S VA DARE TRL 1,299.20008993000 SEAY, TAMMY A 115 E PROTEUS CT 992.82007873000 SELCKMANN, JAMES S TRUSTEE of the 7808 S NORTH SHORE RD 1,085.17024961424 SEVERA, JEFFREY F 5110 W CLEEK CT 53.91024961488 SHERMAN, SKYLAR P 4916 BRASSIE CT 54.97006064000 SHOAP, MYRL EUGENE 109 W WINDJAMMER RD 431.43027561000 SINGLETON, GAY WILSON 4905 S VA DARE TRL 1,599.73006610000 SOMEPLACE SPECIAL, LLC 7000 S VA DARE TRL 122.75007816000 SPRUILL, ELIZABETH JENKINS 4319 S HESPERIDES DR 5.22007874098 STETSON, WES S WEST SHORE RD 1.11007457000 STEWART, BILLY J 208 E SEA GULL DR 774.36007644000 STRONACH, GEORGE T III 3643 S CROATAN HWY 886.97006640002 TAB 4, LLC 7204 S VA DARE TRL 1,403.97007591000 TAYLOR, STEPHEN R 3605 S VA DARE TRL 3,833.46005641002 THE DR. TARKEN A PHARR REAL ESTATE, LLC2223 S CROATAN HWY 967.21029625004 THOMAS, JOHN B 7318 S VA DARE TRL 751.23007683000 THORNSVARD, HARRY C JR 3404 S VA DARE TRL 739.05005745001 TRIPLE DOG DARE YOU, LLC 111 E BALTIC ST 733.48007102001 TWIFORD, WILLIAM BRANTLEY S VA DARE TRL 769.87007718000 TWINE, LAURA D 104 E SOUNDSIDE RD 276.16007598001 TWO LANE INVESTMENTS, LLC 3517 S VA DARE TRL 66.33005788001 UNKNOWN OWNER S PAMLICO AVE 20.22005788002 UNKNOWN OWNER W MORNING DOVE CT 1.28005948001 UNKNOWN OWNER S OLD NAGS HEAD WOOD R 3.86008658001 UNKNOWN OWNER S VA DARE TRL 4.78029065001 UNKNOWN OWNER S LOST COLONY DR 8.09008570004 UNKNOWN OWNER - CONFLICT S CROATAN HWY 2.01026837111 UNKNOWN OWNER (CONFLICT) W SOUNDSIDE RD 10.67030490000 UNKNOWN OWNER (CONFLICT) S CROATAN HWY 27.75005477000 UTZ, THOMAS J JR 2715 S WRIGHTSVILLE AVE 445.39007808000 VASS, BETTY M 312 W BARRACUDA DR 484.05006079000 WALBURN, DEBRA A 236 W LOOKOUT RD 455.67006370000 WALKER, JAMES W 4700 S BLUE MARLIN WAY 585.40006480000 WARD, MIRIAM P 214 W BARRACUDA DR 372.62008722005 WELCH, BARRETT O 101 E DOWITCHER ST 1,735.97007279001 WELLS FARGO BANK, NA 9319 S OLD OREGON INLET RD 5,365.21006433000 WHEELER, KEITH 4700 S POMPANO CT 246.76007248000 WHITE, CLAYTON P 9219 S OLD OREGON INLET RD 1,771.77026799001 WINDCHASER, LLC S LARK AVE 1,356.92006124001 WOJCIK, ROBERT W SR 3203 S CROATAN HWY 4.85005722000 WOOLFREY, GLENDA MARIE ESTATE 114 E BARNES ST 446.30008628000 WRIGHTON, JESSIE N 109 W DANUBE ST 383.46006678004 WYNDIE CREST DEVELOPMENT, LLLP 2237 S VA DARE TRL 3,859.77007717038 ZINOVIS, CONSTANTINE 4005 S CROATAN HWY 3,822.88

Totals 153,259.74

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Item Title: Approval of minutes from Board of Commissioners meetings

Item Summary:

Attached for Board review and approval are the following Board of Commissioners meeting minutes:

Regular Session Wednesday, February 1, 2012 Recessed Session Wednesday, February 15, 2012


Provided for Board review and approval.

Submitted By: Carolyn Morris, Town Clerk Date: February 29, 2012 Finance Officer Comment:

No unbudgeted costs associated with this agenda item.


N/A

Signature: Date: February 29, 2012 Town Manager Comment:

N/A

Signature: Date: February 29, 2012

(DRAFT) TOWN OF NAGS HEAD BOARD OF COMMISSIONERS

REGULAR SESSION February 1, 2012

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, February 1, 2012.

COMRS PRESENT: Mayor Bob Oakes; Mayor Pro Tem Doug Remaley; Comr. Renée Cahoon and Comr. Susie Walters

COMRS ABSENT: Comr. Anna Sadler

OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Kevin Brinkley; Steve Kovacs; Dave Clark; Ralph Barile; Kelly Wyatt; Dabni Shelton; Angela Welsh; Roberta Thuman; John Gilreath; Chris Montgomery; John Ratzenberger; Bobby Gentry; Thomas Musika; Richard Murphy; and Town Clerk Carolyn Morris

CALL TO ORDER Mayor Oakes called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the Pledge of Allegiance.

ADOPTION OF AGENDA MOTION: Mayor Pro Tem Remaley made a motion to adopt the February 1st agenda as amended – with a Closed Session requested by the Town Attorney prior to the Town Manager’s agenda. The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.).

AUDIENCE RESPONSENo one spoke during audience response.

RECOGNITION OF EMPLOYEESPolice Chief Kevin Brinkley introduced Police Officer Chris Montgomery who was congratulated by the Board for having successfully completed the FBI Academy Program.

(DRAFT) Nags Head Board Meeting Minutes February 1, 2012

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Police Chief Kevin Brinkley introduced Police Officer John Gilreath who was recognized by the Board for five (5) years of service.

PROCLAMATION FOR 2012 RELAY FOR LIFE OF OUTER BANKS Zoning Administrator Dabni Shelton, Relay For Life Team Captain for the Town of Nags Head, spoke concerning this year’s Relay For Life events which take place May 19 - 20, 2012 at First Flight High School in Kill Devil Hills.

Mayor Oakes read and signed the Proclamation in support of Relay For Life. The Proclamation read in part as follows:

“WHEREAS, Relay For Life is the signature activity of the American Cancer Society and celebrates cancer survivors and caregivers, remembers loved ones lost to the disease, and empowers individuals and communities to fight back against cancer; AND

‘WHEREAS, Money raised during Relay For Life of The Outer Banks supports the American Cancer Society’s mission of saving lives and creating a world with less cancer and more birthdays – by helping people stay well, by helping people get well, by finding cures for cancer and by fighting back; AND

‘WHEREAS, Team Town of Nags Head – Relay For Life 2011 – helped in the fundraising effort that ranked Dare County number one in the nation per capita for the third year in a row.

‘NOW, THEREFORE, BE IT RESOLVED that the Nags Head Board of Commissioners does hereby proclaim: MAY 19 AND 20, 2012 - RELAY FOR LIFE DAYS

‘in the Town of Nags Head, Dare County, North Carolina and encourages citizens to participate in the Relay For Life event at First Flight High School on Saturday, May 19, 2012 and on Sunday, May 20, 2012.”

CONSENT AGENDAThe Consent Agenda consisted of the following items:

- Consideration of Budget Adjustment #8 to FY 11/12 Budget Ordinance - Consideration of Tax Adjustment Report - Approval of Minutes - Request for Order of Advertisement & Request to begin In Rem Foreclosure on 2011 taxes

MOTION: Mayor Pro Tem Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).

A copy of Budget Adjustment #8, as adopted, is attached to and made a part of these minutes as shown in Addendum “A”.


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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 memo from Tax Collector Becky Huff requesting the order of advertisement and to begin in rem foreclosure on 2011 taxes, as approved, read in part as follows:

“Request for approval for advertisement:

‘In accordance with NCGS 150-369 Advertisement of tax liens on real property for failure to pay taxes … “The municipal tax collector shall advertise municipal tax liens by posting a notice of the liens at the city or town hall and by publishing each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period of March 1 thru June 30 …” The posted notice and newspaper advertisement shall set forth the following information: The name of each person to whom is listed real property on which the taxing unit has a lien for unpaid taxes, together with a brief description of each parcel of land to which such a lien has attached, and a statement of the principal amount of the taxes constituting a lien against the parcel; a statement that the amounts advertised will be increased by interest and costs and that the omission of interest and costs from the amounts advertised will not constitute waiver of the taxing units claim for these items; and a statement that the taxing unit may foreclose the tax liens and sell the real property to the liens satisfaction of its claim for taxes.

‘With your approval, staff intends to advertise the liens in the newspaper on March 15, 2012 in accordance with NCGS 105-369. The amount outstanding as of January 25, 2012 is $316,427.93.

‘Request for authorization to begin In Rem Foreclosure process on 2011 taxes: In accordance with NCGS 105-375, In Rem method of foreclosure “Docketing Certificate of Taxes as Judgment. In lieu of following the procedure set forth in GS 105-374, the governing body of any taxing unit may direct the collector to file with the clerk of superior court, no earlier than 30 days after the tax liens were advertised…”

‘With your direction, staff will begin the In Rem foreclosure process where necessary on the 2011 delinquent taxes thirty days after advertising.”

PUBLIC HEARINGS

Public Hearing to consider adoption of a zoning ordinance text amendment submitted by Jane Krumwiede to Town Code Section 48-408(b), Permitted Uses within the C-3, Commercial Services District to permit “Indoor Training Facility for Dog Agility Club” as a permitted use within the district

Town Attorney John Leidy introduced the Public Hearing re: adoption of a zoning ordinance text amendment to permit “Indoor Training Facility for Dog Agility” within the C-3 District at 9:14 a.m.

Planning Director Elizabeth Teague summarized the staff report which read in part as follows:

“BACKGROUND: Ms. Jane Krumwiede of the Outer Banks Dog Club is requesting a zoning ordinance text amendment to Town Code Section 48-408(b) Permitted Uses within the C-3, Commercial Services Zoning District,


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to permit the use of “Indoor Training Facility for Dog Agility” as a permitted use within the district. This proposed use would provide agility training for dogs and an interactive activity for their owners. The proposed use is distinct from and does not include Kennel or boarding services. The applicant is seeking a warehouse type facility, typical to the C-3 District, to provide indoor, year-round access to the services being offered. No outdoor training areas are being proposed.

‘Due to the increased number of vacant buildings within the C-3, Commercial Services Zoning District, amendments have recently been adopted to encourage greater flexibility and use of the warehouse type buildings within the district. In January, 2011 the Board of Commissioners heard a request and adopted an ordinance which would allow multiple principal uses within one or more principal structures.

‘STAFF RECOMMENDATION: Planning Staff submits that this type of use is appropriate for the C-3 district given the location, land area, visibility and large, open floor plans common to the warehouse buildings within this district. Staff recommends adoption given that reutilization of existing vacant buildings and supporting local businesses providing services to the community are encouraged by the Land Use Plan. Also, the proposed use would provide the local Outer Banks community and visitors alike with an educational and family- oriented activity which is currently unavailable in the area. Staff also recommends the Board consider removing the word “club” from the use description so that future use is not limited by ownership or organizational structure, and so that the Town does not eliminate similar business enterprises in favor of “clubs.”

‘Planning Board Recommendation: At their January 17, 2012 meeting, the Planning Board voted unanimously to recommend adoption of the attached ordinance with inclusion of the word “indoor” in the name of the use. The Planning Board also unanimously recommended adoption of the attached Statement of Consistency.”

Ms. Teague stated that the request is with the removal of the “Club” from the ordinance so as not to limit the type of use by ownership.

Notice of the Public Hearing was published in the Coastland Times on Thursday, January 19, 2012, and on Thursday, January 26, 2012, as required by law.

Jane Krumwiede, applicant, spoke and said that she is excited for the Board’s consideration of the proposed dog facility.

There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at 9:17 a.m.

MOTION: Comr. Cahoon made a motion to adopt the zoning ordinance text amendment to permit “Indoor Training Facility for Dog Agility” as a permitted use within the C-3 District to include striking the word “Club” from the title. The motion was seconded by Comr. Walters.

Mayor Oakes stated that he appreciates the Board being flexible and allowing this new use.

CONTINUATION OF MOTION: The motion passed 4 – 0 (Comr. Sadler was not present.).


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MOTION: Comr. Cahoon made a motion to adopt the associated Statement of Consistency. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).

The ordinance amending the zoning ordinance to permit indoor training facility for dog agility as a permitted use within the C-3 District, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”.

Public Hearing to consider adoption of a zoning ordinance text amendment for the purpose of permitting and regulating the rental of beach chairs and umbrellas within the Town

Mayor Oakes asked to be recused from the discussion re: permitting and regulating the rental of beach chairs and umbrellas as the original applicant for the request was the Village at Nags Head Property Owners Association. [Mayor Oakes is the President of Village Realty.]

MOTION: Mayor Pro Tem Remaley made a motion to recuse Mayor Oakes from the discussion. The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.).

Mayor Pro Tem Remaley took control of the Board meeting.

Town Attorney John Leidy introduced the Public Hearing re: a zoning ordinance text amendment to permit the rental of beach chairs and umbrellas at 9:19 a.m.

Planning Director Elizabeth Teague summarized the staff report which read in part as follows:

“BACKGROUND:At their December 7, 2011 meeting the Board of Commissioners passed a motion to allow rental of beach chairs and umbrellas at the Village at Nags Head Private Beach Bathhouse located at 4929 S. Virginia Dare Trail to lapse (terminate). The Board also directed staff to form an Ad Hoc Committee of some Planning Board members and stakeholders in the beach chair and umbrella rental business and bring forward recommendations for clear guidance and enforcement of zoning rules related to beach chair and umbrella rentals.

‘On January 11, 2012 Town Staff, Planning Board member Marvin Demers met with several local businesses at Town Hall to discuss considerations for regulations and enforcement regarding the rental of beach chairs and umbrellas. The agenda, handouts and minutes from this meeting are attached for your review. Discussion covered Town goals from the 2010 Land Use Plan, expectations and concerns of businesses and representatives of the Village Association affected by the rules, as well as open discussion regarding advertisement, access, location of transaction, tips, keeping the beach clean, enforcement and public safety. Several agreements or points of consensus were reached by the participants:

Beach chair and umbrella rental is a necessary and minimum service of hotels and beach clubs that should be offered to visitors and is distinct from rentals to the general public.

The term “static line” shall be used in place of “first line of stable natural vegetation” when determining where transactions may occur as this is a defined line by the Division of Coastal Management which is easily located on available maps. Storage and rentals of equipment by hotels and the Village should only take place west of the static line.


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Regulating beach chair and umbrella rentals via private business is outside the purview of this ordinance. The Town cannot regulate equipment purchased or rented from a private business outside of Town (ie: Ocean Atlantic Rentals, or other out of Town rental companies), nor should the Town try to regulate all “advertisement” type lettering on umbrellas that are being brought to the beach by the public.

Public Beach Access points shall be kept free and clear of all obstructions, lifeguards and other emergency personnel shall be empowered to move chairs and umbrellas if necessary.

If a vendor is in violation of the ordinance, immediate enforcement actions are acceptable. Vendors offer benefits to the beach including trash pick-up and security, often times helping

others nearby and offering insight and advice regarding beach and ocean conditions to make their time there more safe and enjoyable (temperature, tides, winds, etc.).

No equipment shall be left on the beach overnight. Storage of equipment both overnight and during business hours shall be limited to approved areas west of the static line. Pre-setup or reserving of space on the beach shall not be permitted.

Vendors can and should partner in educating the public on the rules and enforcement of this ordinance; provide materials at the front desk or convenient location for patrons of Hotels; and explain need to keep commercial activities off of the Nags Head beach.

‘Discussion also covered inequities that exist within the regulations. One being that outside businesses rent beach chairs and umbrellas (amongst other beach equipment) which often contain signage and advertisement on the equipment which the Town cannot control because the Town has no jurisdiction over their business permitting. Vendors operating out of local hotels or the beach club however, are not permitted any type of signage or advertisement on the equipment. Though this may be an inequity, it has historically been and currently is the Towns desire to prohibit commercialization of the beach. Participants in the discussion agreed that they would support the continued prohibition of signage on any beach chair and umbrella rented under this ordinance in association with an existing hotel or private club.

‘Another is that rentals are currently restricted to patrons of the Hotel in which the permit has been issued, or prior to lapse of the ordinance, members of the Village at Nags Head Property Owner Association only. Visitors on the beach who are not patrons of the Hotel or who are not members of the Village at Nags Head Property Owners Association cannot take advantage of the beach chair and umbrella rental service being offered by vendors associated with those permits. Those vendors should only rent to the clients/customers of the hotel or Club they are working for and from the locations permitted under this ordinance. Participants agreed that it is reasonable to assume that a patron of a hotel could easily conduct the necessary transaction for rental of equipment west of the static line, perhaps in the hotel lobby or at an approved location on their pool deck or private beach access. General public wishing to obtain/utilize such equipment will have to continue to seek other rental companies or retail stores within the Town to meet their needs, and hopefully this will support other local businesses.

‘The general feedback from the meeting was positive and likely opened communications to create better opportunities for clear and consistent ordinance implementation and more attentiveness and better efforts by the vendors to comply with adopted regulations. Based on the meeting, staff prepared an ordinance for Planning Board consideration which was discussed at their January 17th

meeting and revised for Board of Commissioners consideration.


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‘Staff Recommendation There are two ordinances provided below for your consideration, which are related but apply differently – the first to hotels within the CR District, and the second to the Village Bath House operated by the Village at Nags Head Property Owners Association and the Beach and Tennis Club operated by Club Corp. Staff would recommend adoption of both while appreciating any feedback, changes or revisions offered by the Board. The participating businesses and Village Beach Club asked that these rule changes be expedited so that they can begin preparation for the coming beach season.

‘Planning Board Recommendation At their January 17, 2012 meeting the Planning Board voted unanimously to recommend adoption of the ordinance with clarifying language regarding the pick-up of loose trash and debris and the inclusion of the use at the Village at Nags Head Beach and Tennis Club in addition to the private beach bathhouse. Those recommended revisions have been incorporated into the attached ordinances.”

Notice of the Public Hearing was published in the Coastland Times on Thursday, January 19, 2012, and on Thursday, January 26, 2012 as required by law.

Thomas Musika of Beach Cabana Services spoke; he stated that he was a vendor last year which he felt went really well; he appreciates the Planning Board’s openness to help him make this business work and he appreciates the Board of Commissioners’ consideration.

There being no one else present who wished to speak, the Public Hearing was closed at 9:28 a.m.

MOTION: Comr. Cahoon made a motion to adopt the two (2) zoning ordinance text amendments modifying the CR Hotel and Village Private Bathhouse Beach Club sections to allow umbrella and beach chair rentals – to include the following modifications:

- Paragraph vii (CR Hotel) and viii (Village) – add “loose” to read “.. loose trash and debris.” - Paragraph viii (CR Hotel) and ix (Village) – add “beach chairs and umbrellas” to read “.. beach chairs and umbrellas shall not be pre-set.”

And to include the adoption of the associated Statement of Consistencies. The motion was seconded by Comr. Walters which passed 3 – 0 (Mayor Oakes was recused and Comr. Sadler was not present.).

[First time adoption of an ordinance requires a 4/5 positive vote; a second reading is therefore scheduled for the March 7, 2012 Board of Commissioners meeting.]


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

Consideration of Final Subdivision Plat approval submitted by Ray Meekins on behalf of property owners Robert Waid and Bobbie Bowman; this two-lot division is located just north of Bainbridge Street and accessed from Memorial Avenue

Planning Director Elizabeth Teague summarized her memo which read in part as follows:

“BACKGROUND:Surveyor Ray Meekins has submitted this request for Final Subdivision Plat approval on behalf of property owners Robert Waid and Bobbie Bowman. The lots are located just north of Bainbridge Street and accessed from Memorial Avenue, an approved public street. On April 6, 2011 the Board of Commissioners approved the Preliminary Plat allowing the division of one (1) 32,063 square foot lot in to two (2) lots, both meeting the minimum lot area of 15,000 square feet. Also at the April 6, 2011 meeting the Board of Commissioners granted a waiver to the street design standards of Town Code Section 38-151, Streets, allowing the minimum width of the road surface to be lessened from twenty-four feet (24’) in width to twenty feet (20’) in width with the condition that that entire turnaround area be paved with an approved surface.

‘All required improvements must be completed and rights-of-way dedicated to the Town as required in the preliminary plat in order for the Board of Commissioners to approve the final plat. The Town Public Works Department and Town Engineer have inspected and approved the additional Memorial Avenue road section and the associated pavement density and thickness reports (attached). The Fire Department has provided a memo regarding improved access and maneuverability for the additional street section (attached).

‘The developer has provided: the requested easement necessary to pass the future waterline through Lot 2; an eight foot (8’) utility and drainage easement along all side and rear and property lines; and a ten foot (10’) utility and drainage easement along all property lines fronting a public street (see Note 11).

‘STAFF RECOMMENDATION: The submitted final subdivision plat is in accordance with the approved width of the preliminary subdivision plat and subdivision waiver as granted by the Board of Commissioners, and is approved by our Public Works and Fire Departments. There is a slight deviation in road alignment between the preliminary and final plat in order for the pavement surface to avoid a water meter, however the width requirements have still been met. Staff would recommend approval of the final subdivision plat and acceptance of the improved Memorial Avenue street section as presented. A colored drawing illustrating the as-built surface represented in the final plat compared with the proposed surface represented in the preliminary plat has also been provided for your reference.

‘PLANNING BOARD RECOMMENDATION: At their January 17, 2012 meeting the Planning Board voted unanimously to recommend approval of the Final Subdivision Plat with the condition that additional review be given by the Public Works and Fire Department to ensure that deviations from the Preliminary Plat Approval have been approved and accounted for.”


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MOTION: Mayor Pro Tem Remaley made a motion to approve the final subdivision plat submitted on behalf of property owners Robert Waid and Bobbie Bowman for the two-lot division located just north of Bainbridge Street and accessed from Memorial Avenue as presented. The motion was seconded by Mayor Oakes which passed 4 – 0 (Comr. Sadler was not present.).

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Appointments to Town Boards/Committees Mayor Oakes discussed with Board members the expiration of the Planning Board alternate position and asked if the Board was interested in maintaining the position.

It was Board consensus to not take action, i.e., to not appoint anyone to the Planning Board alternate position.

Second Reading – from January 25, 2012 Board meeting Consideration of Zoning Ordinance Text Amendment submitted by Mr. Robert Hornik of the Brough Law Firm on behalf of Overrun I, LLC (Nicholas Nuzzi) to amend Town Code Section 48-328(d), Architectural and Interior Lighting Comr. Cahoon briefly reviewed the Town Code amendment requested by Nick Nuzzi re: architectural and interior lighting – to allow five (5) foot candles from an awning/roof fixture.

The memo from Town staff read in part as follows:

“BACKGROUND: Last winter, Nick Nuzzi of Overrun I, LLC renovated the interior and exterior of Dairy Queen. Exterior improvements included removing the neon lighting along the edge of the roof, covering the metal sided building with EIFS (synthetic stucco), and replacing the canvas awning with Nags Head style porches. His improvements made the building more conforming to Town Ordinances.

‘He is now requesting a zoning ordinance text amendment for two aspects of Town Code Section 48-328(d) Outdoor Lighting, specific lighting application standards. The first is to increase architectural light levels from 1 averaged footcandle level to 10. The second is to allow up-lighting walls by fixtures along the roofline which would point back at the parapet walls. The purpose behind Mr. Nuzzi’s request is to address his concern that the visibility of his business has decreased, and he would like to better illuminate his business on all sides.

‘Currently, walls may be illuminated by fixtures mounted on the building and directed to the wall surface. Up-lighting wall surfaces may only be achieved by ground mounted fixtures to eliminate the potential of entire roofs, becoming the structure highlighting feature. Roof sign lighting is not permitted for this reason. Maximum allowable light level for walls at building entrances is currently 5 averaged footcandles. Light level for other walls is 1 averaged footcandle. Light level for porch areas is 12 averaged footcandles.

‘At the Planning Board Meeting, the Planning Board membership discussed with Mr. Nuzzi and his attorney, Mr. Hornick, their willingness to support his request for improved visibility through more


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lighting. However, they also wanted to support the Town’s goals of maintaining a “dark sky” to the greatest extent possible and suggested a compromise (see below).

‘STAFF RECOMMENDATION: Staff recommends denial of the requested text amendment as presented originally by Mr. Nuzzi because the intent of the outdoor lighting ordinance is to eliminate sources of glare, minimize light levels and limit sources of light that contribute to sky glow. Some allowances for up-lighting, such as architectural lighting, are already included in the ordinance but only at minimum light levels. Increasing light levels and adding more sources of up-lighting detracts from the nighttime environment and conflicts with the definition of structural highlighting.

‘However, staff would be amenable to maintaining the footcandle level allowed for an entrance (5 footcandle) to also apply for parapet walls that may exist on all sides of a building to improve visibility for this type of structure. This is a compromise to Mr. Nuzzi’s original request for an increase from 1 averaged footcandle, to 10 averaged footcandle for each of the parapet walls. Staff feels that this is too high of a footcandle level and would create glare and skyglow. However, a 5 footcandle level would mitigate that concern, but still allow Mr. Nuzzi additional illumination. Adoption of this ordinance is estimated to impact 16 other structures in Town which also have parapet walls.

‘PLANNING BOARD RECOMMENDATION: At their December 13, 2011 meeting the Planning Board voted unanimously to recommend adoption of a text amendment with revisions from the Planning Board. Mr. Nuzzi’s original request and the version recommended by the Panning Board are provided separately for your review.”

MOTION: Comr. Cahoon made a motion to adopt the Zoning Ordinance text amendment, which modifies Town Code Sec. 48-328(d), as brought forward at the January 25, 2012 Board meeting which allows a 5 footcandle level for the parapet walls. The motion was seconded by Comr. Walters.

Comr. Cahoon reported that she expects Mr. Nuzzi to return with an amendment that would allow increased lighting just in the Overlay District. Attorney Leidy noted that he too spoke with Mr. Nuzzi concerning Mr. Nuzzi’s request for an additional zoning ordinance text amendment.

Mayor Pro Tem Remaley said that he feels 10 foot candles would not be a problem as there is little difference between 5 and 10 foot candles – but he voted in favor of today’s text amendment in order to move it forward.

CONTNUATION OF MOTION: The motion passed 4 – 0 (Comr. Sadler was not present.).

A copy of the ordinance concerning lighting, as adopted, is attached to and made a part of these minutes as shown in Addendum “D”.

Comr. Cahoon said that the lighting issue discussed brought to light another problem in that area [Overlay District area] not throughout the town. She explained that in most areas of the Town, US 158 driveways are not on grade with the street; for safety purposes, she would like to see some type of low-level lighting so those turning on/off of US 158 would be able to see where curb cuts are located.


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It was Board consensus for the April 2012 Board of Commissioners meeting, that staff and the Planning Board review and bring back a proposal to address the lack of lighting on US 158 for Board consideration.

NEW BUSINESS

Committee ReportsMayor Pro Tem Remaley – Gov Ed (GACC) Committee; Public Information Officer/Administrative Assistant Roberta Thuman reported that at last week’s committee meeting, live-streaming channel 20 by Dare County will officially launch when they officially launch the new Dare County web site; changes will be made to the Channel 20 room at Dare County to enable better audio and video for Channels 19 and 20; there is a good possibility the Town will be able to receive another $20,000 grant – she hopes to have a grant request submitted in March 2012 to upgrade the sound in the Nags Head Board Room; John McCord of UNC-CSI is the new Chairman of the Gov Ed Committee; The Committee is considering using franchise fees to fund an additional employee - someone who can write and produce videos – discussions are still in the early stages.

Comr. Walters – Seafood Festival; Comr. Walters stated that the Seafood Festival continues to meet to work toward the summer event at the Windmill Point site.

Comr. Cahoon – Coastal Resources Commission; Comr. Cahoon invited anyone interested to attend the CRC meeting to be held in Nags Head at Jennette’s Pier next week – public comment will be held on coastal policies.

Mayor Oakes – Shoreline Management Commission; Mayor Oakes said that he provided the Commission with Dr. Tim Kana’s letter of the final report of the Town’s Beach Nourishment Project. He reported that the project replaced 70% above the mean high water mark (MHWM) and after several storm events in the fall of 2011 ended up with 50% above the MHWM – which seems to be holding up reasonably well.

Mayor Oakes – Colony Ridge Rehabilitation Center (formerly Britthaven) Advisory Committee meeting; Mayor Oakes said that the first meeting has been held with the complete advisory committee membership which is made up of three members from the Town and three members from the Colony Ridge Facility. A walk-through of the facility took place and a discussion was held. Everyone is currently waiting on a set of plans for improvements to the facility – he emphasized that the group is working together toward a better facility.

Abalone Street Waterline Project Public Works Director Dave Clark summarized the agenda summary sheet information concerning the Abalone Street waterline project which read in part as follows:

“The property at 303 E. Abalone Street recently changed ownership and plans for a new single family house were submitted to the town for permitting. While the plans were being reviewed, it was determined that there is no town water available in this block of Abalone Street. In accordance with the town’s Water Line Extension Policy, the developer/builder/individual needing water must extend the distribution system to provide it. The policy goes on to state that the “developer or individual


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installing a water main must bear the entire cost of the plan preparation to include engineering and construction drawings” for a main that will form a looped system. In addition, if budget funds allow, the town will participate in such extensions to complete the loop by tying in the new line at the other end. The town had an estimate of total construction costs prepared. The total estimated cost, including engineering, plan preparation, permitting by NC-DENR, construction and construction contingency, is $25,156.95 (the $150 permit fee is not shown in the engineer’s estimate). The property owner’s share, including 100% of the design and permitting costs, is $13,002.89. A check in the amount of $13,003.00 has been deposited with the town. The cost to complete the loop (the town’s share) would be $12,154.06.

‘Specific Action Requested - Authorize the Finance Officer to transfer the $13,003.00 deposited by the property owner into the proper budget line items for the total design and the owner’s cost of construction. Authorize the transfer of funds in the amount of $12,154.06 from Water Fund Retained Earnings to Water Distribution – Capital Outlay Other (818-577300) for the construction of the town’s portion of the complete loop.

‘Finance Officer Comment - If approved, the Town will pay for the full construction costs of the project in account 818-577300 with $13,003 funded by the property owner and the remaining balance from the Town through the use of Retained Earnings.”

Mayor Pro Tem Remaley expressed his appreciation of the project; Mayor Oakes said that the Town has in the past completed private projects in order to complete a public project.

MOTION: Mayor Pro Tem Remaley made a motion to authorize staff to transfer $13,003 to the proper budget line items for the total design and the owner’s cost of the construction of the Abalone Street waterline; and to authorize staff to transfer funds in the amount of $12,154.06 from Water Fund Retained earnings to Water Distribution Capital Outlay Other for construction of the Town’s portion of the complete loop. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Leidy – Update on litigation Attorney Leidy reported that full arguments in the Cherry, Inc. case and the submission of the brief in the Fisher et al case have been completed. He said that February 21, 2012 is when arguments will be heard on the Fisher case.

Town Attorney Leidy – Request for Closed Session Attorney Leidy requested a Closed Session to discuss pending litigation and to provide an update on Sansotta litigation via attorney/client privilege in accordance with GS 143-318.11(a)(3)


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CLOSED SESSION MOTION: Mayor Pro Tem Remaley made a motion to enter Closed Session to discuss potential and pending litigation re: Sansotta vs Town of Nags Head and to preserve the attorney/client privilege in accordance with GS 143-318.11(a)(3). The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.). The time was 10:05 a.m.

OPEN SESSION The Board returned to Open Session at 10:21 a.m. Attorney Leidy reported that during Closed Session the Board discussed pending litigation in the Sansotta vs Town of Nags Head case and potential litigation but no action was taken.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Ogburn – Vista Colony Stormwater Drainage Project MOTION: Mayor Pro Tem Remaley made a motion to approve staff’s request to add Nags Head Acres stormwater work to the Vista Colony Stormwater Drainage Project and to add $24,719 to the contract. The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.).

Town Manager Ogburn – Ocean Outfall Project Town Manager Ogburn reported that at the last Board of Commissioners meeting, the Board approved extension of the completion date for the Ocean Outfall Project to March 8, 2012; additional demolition work, estimated to cost $17,893, is needed for the Curlew Street ocean outfall.

MOTION: Comr. Cahoon made a motion to approve the additional $17,893 for the demolition work at the Curlew Street ocean outfall as requested. The motion was seconded by Mayor Pro Tem Remaley which passed 4 – 0 (Comr. Sadler was not present.).

Town Manager Ogburn – Trash pick-up on Presidents Day Holiday Town Manager Ogburn said that he wanted to let everyone know that on Presidents Day, Monday, February 20, 2012, the east side of US 158 will not receive trash pick-up; however, trash will be picked up Town-wide on Tuesday, February 21, 2012.

Town Manager Ogburn – Social media and the Town Town Manager Ogburn reported that the Town is now included in most forms of social media such as Facebook, Tweeting, and Email Broadcasting.

Town Manager Ogburn – Local Permitting Officer (LPO) Process Town Manager Ogburn asked Planning Director Teague to summarize the Town’s process for Local Permitting Officer (LPO) – a function of the Town that he stated is evaluated often.


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Planning Director Elizabeth Teague explained that she and her staff have evaluated the process; she reviewed her memo with Board members which read in part as follows:

“I would like to restate my position that the Town of Nags Head Planning Department is unable to provide minor permit services with respect to property where:

1) The Town is pursuing enforcement of the Town’s zoning or nuisance ordinances by civil action;

2) The property owner is pursuing a civil action to challenge to the Town’s zoning or nuisance ordinances; or

3) The property owner is asserting a claim for damages against the Town based on the enforcement, application or interpretation of the Town’s ordinances relating to the owner’s property.

‘Currently in such cases, planning staff are being asked to review application permits under CAMA rules, in cases for which they may have already issued notices of violation or taken condemnation action under local regulations. This creates both confusion for the applicants and the perception of prejudicial action on the part of staff processing the applications. For properties not involved in litigation, Town staff would however like to continue our CAMA services for review of other permit applications and exemption requests as we do now, in order to still provide this important service where we feel we can.

‘Background: The Town of Nags Head enacted a Local Implementation and Enforcement Plan with the North Carolina Department of Environment, Health and Natural Resources in 1979 in accordance with NCGS 113A-112. Since that time, the Town has provided review services for the Division of Coastal Management to evaluate “minor development permits” through staff trained as CAMA Local Permitting Officers (LPO’s).

‘Minor development permits include most beach bulldozing, dune creation and stabilization (sand fill), construction of a single family house, pools, dune decks, house additions, demolitions and house moves. Under the CAMA Implementation and Enforcement Plan the Town is reimbursed $6,200 annually for this service in addition to the collection of permit fees ($55.00 at application, and $40.00 at final inspection). LPO’s also issue “exemption letters,” for repairs and maintenance activities less than 50% of the market value of existing structures which would not otherwise require CAMA minor permits and some types of qualified beach bull-dozing, but does not collect any fees for them. Since beach nourishment, however, the Town adopted a local ordinance to prohibit beach bull-dozing altogether so that our LPO’s are no longer considering beach bulldozing applications.

‘Staff estimates that the typical minor permit application takes about 3 hours on average to process, and an exemption letter about one hour. Additional staff time will also be spent on site visits, conferring with the applicant, and in some cases, coordinating with CAMA personnel. So for example in 2010, Town staff working as LPO’s handled 189 minor permits, 122 beach pushes, and 141 exemptions, resulting in well over 1,000 hours of staff time - not including investigations of complaints, issuance of violations, and general time spent in providing information and answering questions for the public. Looking ahead, we expect to handle a range from 100 to 200 permits, and a similar range of exemptions including repair projects from Hurricane Irene which are still in progress.


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‘The LPO function is a time consuming service, but it provides a convenience for those seeking building permits that may also require CAMA review, allows the Town to effectively process these applications in a “one-stop-shop,” and to be a local resource for coastal resource questions related to development, redevelopment and repair. Having this function in house, has proven especially effective in dealing with questions and requests related to Hurricane damage. While the Town does receive some reimbursement from CAMA and application fees, the LPO function uses more staff time than CAMA revenues support, and is clearly not the reason we provide this service. I would ask that the Board allow our Department to only remove ourselves from those permit applications that place staff in a position of conflict – real or perceived – when it comes to past Town actions, and which only detract from our ability to provide quality service in other situations.

‘CAMA Regulations that allow this request: Section “15A NCAC 07I .0507 LOCAL PERMIT OFFICER” provides a path for the Town to make this request to the Director of the Division of Coastal Management:

(a) The local plan shall designate an existing official or create a new position for an official who shall receive, review and take all appropriate action as to applications for minor development permits. The locality shall inform the Department of all permit officers who will implement or enforce the local management plan.

(b) The plan shall specify the job requirements as mandated by these criteria.

(c) The permit officer shall attend the department's training course within one year of his appointment. The officer shall also attend those regular regional work sessions held by the Department to inform and coordinate the activities of the local permit officers in each region. (d) In order to continue to process permits in a timely fashion and to avoid the issuance of passive grants, eligible permit-letting agencies shall immediately notify the in writing when the local permit officer resigns or is for any reason unable to perform his or her.

(e) This notice shall indicate the method or methods by which the locality will continue to process permits in a thorough and timely fashion. Such methods can include, but are not limited to, the following:

(1) The appointment of a temporary local permit officer (LPO) until such time as a permanent replacement is selected.

(2) The appointment of one or more LPO(s).

(3) Evidence that an agreement exists between the locality and another agency for the assumption of the permit program.

(4) A formal request that the secretary assume the permit function for the locality.

(f) From date of receipt and acceptance of application and/or decision on an application, the local permit officer must within five workings days mail and/or submit copies of same to the appropriate field consultant or the nearest field office of the Division of Coastal Management.

(g) The permit officer shall, on a quarterly basis, summarize for the commission the receipt and disposition of all permit applications for the immediately preceding quarter.


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History Note: Authority G.S. 113A-121(b); 113A-117; 113A-124; Eff. November 1, 1984; Amended Eff. May 1, 1990.

‘Recommendation:In conferring with our Town Manager and Town Attorney, I recommend that the Board authorize the Town Manager to formally request in writing that the Division of Coastal Management assume the permit function on behalf of Nags Head for those properties that the Town is actively pursuing enforcement actions, civil or administrative challenges or legal claims. I also recommend that rather than pulling out of the program altogether to avoid these situations, that Town staff be allowed to continue our LPO program in other cases to maintain this valuable service to our citizens. While a public hearing is not necessary for this letter of request for CAMA to take over the permitting function for only these permits, a hearing with a 15 day notice would be required if the Commission wanted to amend the ordinance that established the Local Implementation and Enforcement Plan in 1979 to remove the Town from the LPO function altogether.”

Town Attorney Leidy’s comments as provided on the agenda summary sheet read in part as follows:

“Although there are some benefits to Town property owners from the Town’s performance of the LPO function, there are numerous drawbacks as well. These include the amount of time dedicated to this program by staff that have other non-delegable responsibilities; the modest compensation which the Town receives; the fact that DCM has a local office in Elizabeth City and trained staff that can perform the same functions in Nags Head; the problems inherent in the Town making permitting decisions affecting properties while the Town fulfills other non-delegable permitting and enforcement regarding those properties; and the prospects that the Town can get caught in the middle in challenges to permitting decisions by the affected party, whether such challenges may be brought by the owner from a denial or by DCM over the issuance of a permit that the Town felt was necessary but with which DCM disagrees. Tim Wilson raised the same issues when the Town was considering a renewal of the reimbursement contract with DCM in August 2009 and it was my understanding then that this issue had been discussed by staff occasionally over the years. I will participate in the Board’s discussion on this item.

‘The Town has the authority to terminate the LPO function which it has agreed to perform for DENR/DCM. The specific procedure and steps that must be undertaken are unclear at this time, but I plan to discuss these at the Board meeting. Certain amendments to a LPO plan require a public hearing and it may be that action to cancel the LPO program require a public hearing as well. Review of the Board’s original action to implement such a plan and any contractual agreement the Town has entered with DENR or DCM regarding this function will be necessary, along with research regarding applicable statutes and administrative regulations.”

MOTION: Comr. Cahoon made a motion to authorize Town Manager Ogburn to write a letter to the Department of Environmental Resources (DENR) – Division of Coastal Management (DCM) – referencing the issues brought forward by Planning Director Teague – which is that DCM assume the permit functions for those properties that the Town is actively involved in litigation actions. The motion was seconded by Mayor Oakes which passed 4 – 0 (Comr. Sadler was not present.).


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Town Manager Ogburn – Request for Closed Session Town Manager Ogburn requested a Closed Session to discuss/consider the following pieces of real property:

- Dowdy’s Go Cart site, located at 3006 S Virginia Dare Trail - Dowdy’s Carnival site, located at 3005 S Croatan Highway - Fin and Feather Motel site, located at 7740 S Virginia Dare Trail - Gilliam Wood – post office lots, five (5) acres between the highways at milepost 13 - Dune Burger Restaurant, located at 7304 S Virginia Dare Trail

Town Manager Ogburn – Recycling not picked up Mayor Pro Tem Remaley stated that yesterday the recycling was not picked up at the regular time; recycling carts were picked up much later than usual.

In response to Mayor Pro Tem Remaley, Town Manager Ogburn said that he would emphasize consistency with the Town’s recycling pick-up company – Outer Banks Hauling.

BOARD OF COMMISSIONERS AGENDA

Comr. Cahoon – Update on Town Stormwater Drainage Projects Comr. Cahoon said there was no need at this time for discussion on stormwater drainage projects as discussion has already taken place and she wants to move forward with the current projects.

MAYOR’S AGENDA

Mayor Oakes – Change of July 4th Board of Commissioners meeting date It was Board consensus to shift the Wednesday, July 4, 2012 Board of Commissioners meeting date to Wednesday, July 11, 2012.

Mayor Oakes - Request for Closed Session Mayor Oakes requested a Closed Session for Board review/approval of the July to December 2011 Closed Session minutes.

Mayor Oakes – Time to plant beach grass and install sand fence Mayor Oakes said that the sand fence installed at his house is working and now is the time to install sand fence and to plant beach grass for dune stabilization.

Mayor Oakes – Dates for Budget Workshops Town Manager Ogburn was directed to prepare a list of possible dates for upcoming FY 12/13 Budget Workshops for Board consideration.


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CLOSED SESSION MOTION: Mayor Pro Tem Remaley made a motion to enter Closed Session to discuss the acquisition of the following real property – previously listed by the Town Manager:

- Dowdy’s Go Cart site, located at 3006 S Virginia Dare Trail - Dowdy’s Carnival site, located at 3005 S Croatan Highway - Fin and Feather Motel site, located at 7740 S Virginia Dare Trail - Gilliam Wood – post office lots, five (5) acres between the highways at milepost 13 - Dune Burger Restaurant, located at 7304 S Virginia Dare Trail

and to approve July to December 2011 Closed Session minutes in accordance with GS 143-318.11(a)(1) and (5). The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.). The time was 10:40 a.m.

OPEN SESSION The Board re-entered Open Session at 11:40 a.m. Town Attorney Leidy reported that during Closed Session the Board discussed the various real properties that were listed when entering Closed Session - the Board did give some direction to Town Staff concerning those properties; the Board also took action to approve the Closed Session minutes from July to December 2011 and took action to seal those as indicated. No further action was taken during Closed Session.

ADJOURNMENTThe Board recessed to a Board of Commissioners mid-month meeting on Wednesday, February 15, 2012 at 7:00 p.m. in the Board Room. The time was 11:41 a.m.

_____________________________ Carolyn F. Morris, Town Clerk Approved: __________________________

Mayor: __________________________ Robert O. Oakes, Jr.

(DRAFT) TOWN OF NAGS HEAD BOARD OF COMMISSIONERS

RECESSED SESSION February 15, 2012

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 7:00 p.m. on Wednesday, February 15, 2012.

COMRS PRESENT: Mayor Bob Oakes; Mayor Pro Tem Doug Remaley; Comr. Renée Cahoon and Comr. Susie Walters

COMRS ABSENT: Comr. Anna Sadler

OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney Phillip Hornthal; Tom Gilliam; Kevin Zorc; Dave Clark; Elizabeth Teague; Eddie Valdivieso; Phil Ruckle; Wilo Kelly; Roberta Thuman; and Town Clerk Carolyn Morris

Call to Order Mayor Oakes called the meeting to order at 7:00 p.m.

Adoption of Agenda MOTION: Mayor Pro Tem Remaley made a motion to adopt the February 15th agenda as presented. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).

Audience Response No one spoke during Audience Response.

Approval of Gull Street Tank Repiping/Mixer Project Public Works Director Dave Clark summarized his memo which read in part as follows:

“The adopted FY 2011-2012 Water Operations Budget includes $100,000 for a project at the Gull Street 500,000-gallon Ground Storage Tank. The project is intended to improve the quality of the town’s water that serves the Fishing Center, campground and U S Coast Guard Center, all located at


2

Oregon Inlet. This work is being done to meet new Drinking Water standards for trihalomethanes (THM’s) that become effective in December 2013. The project incorporates two major components – re-piping the tank so that water entering the tank exits through a different pipe (one pipe currently serves both functions), and adding a mixer in the tank to keep the water from stratifying. Bids were opened on January 25, requesting costs for three types of mixers – one with solar power only, one with a connection to the commercial power grid, and a third with solar power with the power grid as a backup source.

‘During the NC-DENR Public Water Supply Section’s review of the project, concerns were raised regarding the ability to adequately anchor solar panels on the top of this tank to meet the 130 mph wind load design requirement. It is a Crom steel-reinforced concrete tank with a limited capability to drill holes through it. The electrical grid based mixer proposed will consume about $200 worth of electricity per year. After discussions with the design engineer, staff recommends using the electric grid only option.

‘The low responsive responsible bid was $138,650.00 from A. C. Schultes of Carolina, Inc. for the “grid based water tank mixing system.” After engineering design and permitting, $89,850.00 remains in the budget for this project. In addition to the $100,000 budgeted for this project, another $6,500.00 was approved in “Capital Outlay Equipment” for the purchase of a chlorine “Smart Valve” to facilitate the automatic adjustment of our addition of chlorine to the water we receive from Dare County at the Gull Street Pump Station. This valve was recommended by the engineer who did our Water System Master Plan update, but further investigation has shown that we would need a different type of chlorine monitoring system at Gull Street to allow such a device to work. If the $6,500 budgeted for the Smart Valve can be used towards the Tank Re-piping/Mixer Project, $42,300.00 would need to be transferred from Water Retained Earnings to the Capital Outlay Other line of the Water Operations Budget to allow for the construction of the entire project. Otherwise, $48,800 will be needed.

‘One option, short of doing the entire project this year, is to install the mixer only, and do the re-piping in FY 2012-2013. Staff recommends doing the entire project at this time as it will give us this summer (2012) to evaluate the effectiveness of these measures in reducing the amount of THM’s in the town’s water reaching the facilities at Oregon Inlet. By evaluating the water quality this summer, we can determine if we have done enough to meet the new standards, or we need to add a second project (possibly an additional mixer in the South Nags Head water tower) next year. If we break this project up into its two primary components, we will not be able to evaluate the total project’s effectiveness until next summer (2013), leaving us only 3+ months to design, bid and install further water enhancement measures in SNH, if needed.

‘A third alternative is to do no system enhancements whatsoever. This option will most likely result in the Town having to go to public (media) notification for violations of the new THM standard in the future (after December 2013). In recent meetings with County Water Department staff, we have learned that they intend to change their treatment at the Skyco Plant to more effectively remove the THM precursors – the organic carbons that combine with chlorine to form THM’s. However, they have no specific timetable for this treatment modification at this time. For the reasons enumerated above, staff recommends construction of the project as it was bid at a total cost of $138,650.00.”


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Comr. Cahoon questioned mixing solar power for a better mixer/pump; Mr. Clark explained that the concern has to do panels at the top of the tank – the State did not want to allow any drilling into the tank – which would be needed in order to secure the solar panels.

Mayor Oakes asked about the THM levels to aim for; Mr. Clark responded that measurements below 80 parts per trillion are the required levels. He explained further that starting in 2013 each site has to stand on their own (can’t be balanced with all sites) and must be below the 80 parts per trillion on an annual basis. In response to Mayor Oakes, Mr. Clark said that Dare County is working on the same thing with its sites. Mr. Clark said that sites only have to report if they do not meet the standards and only have to notify who they directly serve. Mr. Clark also noted that even if these steps to lower the level ratios are taken, there is no assurance that the levels will be lowered; however these steps do come highly recommended by two separate analysts.

MOTION: Mayor Pro Tem Remaley made a motion to authorize the Finance Officer to transfer funds in an amount not to exceed $48,800 from Water Retained Earnings to allow for the construction of the complete Gull Street Tank Repiping/Mixer Project as presented; in addition, to authorize the Town Manager to enter into a contract with A.C. Schultes of Carolina, Inc. in the amount of $138,650 for the work. The motion was seconded by Comr. Walters.

Mayor Oakes said that he feels that there are a couple of potential resolutions – one would be for Dare County to fix their side – he would prefer that the Town “wait and see”.

Mayor Oakes stated further that he feels this is more of a problem with Oregon Inlet and not South Nags Head; Mr. Clark reported that Pelican Park Subdivision in South Nags Head has tested too high although not as consistently as the Oregon Inlet levels.

Comr. Remaley feels this is a necessity that needs to be done; it’s not good to wait for someone else to correct the problem; plus the consultants have recommended it.

Comr. Walters agreed and stated that water quality is pretty important as is the public’s perception of water quality.

CONTINUATION OF MOTION: The motion passed 3 – 1 with Mayor Oakes casting the NO vote (Comr. Sadler was not present.).

Approval of Town Hall and Fire Station #16 Roof Replacement ProjectsTown Manager Ogburn summarized the history of this request; back in December 2011 the budget adjustment was approved but this item is back because two of the bidders were not licensed North Carolina builders.

Public Works Director Dave Clark summarized his memo which read in part as follows:

“Immediately after Hurricane Irene in late August, the roofs of both Town Hall and Station 16 were assessed for damage. It was determined that the Town Hall roof needed to be replaced, and a portion (the upper flat roof in the northeast corner of the building) also needed replacing. Quotes were received for these replacements (4 for Town Hall and 1 for Station 16), and the Board approved $38,870.00 for the replacement of the Town Hall roof, and $22,535.00 for the Station 16 roof replacement. Subsequently it was determined that the two lowest bidders on the Town Hall Roof


4

were not licensed contractors in North Carolina. All construction type work totaling $30,000, or more, must be performed by a licensed contractor. In December, the Board approved an amount of $38,870 for the replacement of the Town Hall roof. This was based on a small amount of “short term” repair work, in the amount of $350.00, and a bid of $38,520 for the replacement. The lowest responsive responsible bid, submitted by a licensed contractor, was $46,250.00 (using the deduction for stainless steel drip edges and open valleys in lieu of copper). A copy of that quote is attached. In addition, a small amount of immediate repairs were made to the Town Hall roof, costing $350.00. This brings the revised total for the Town Hall roof replacement to $46,600.00.

‘The cost of the Station 16 replacement has increased by $755.00. This is due to an increase in the cost of some of the materials required. The total cost for the project is now $24,540.00. This includes repair work done immediately after the storm costing $890.00, the contractor’s base bid for replacement of $22,400.00 and the cost of upgrading from a .45 mil roof system to a .60 mil system (previously approved by FEMA) costing $1,250.00. A second bid was obtained for the Station 16 replacement project but it was $29,025.00 for the .60 mil roof system.”

Mr. Clark explained that the contractors that did not have a State building license had worked in this area before as sub-contractors but had never bid on a project of this scope on their own.

Mayor Oakes emphasized the importance of making sure all contractors that bid have valid State building licenses; he also noted that he wants to make sure a roof warranty is obtained. Mr. Clark stated that the new roof is supposed to withstand winds up to 130 MPH.

Comr. Cahoon confirmed that staff will obtain a roof warranty. She also suggested the possibility of starting the process all over with a new bid.

MOTION: Mayor Pro Tem Remaley made a motion to authorize the Finance Officer to transfer the necessary funds to replace the Hurricane Irene damaged roof on Town Hall, and the portion of the roof at Station 16 also needing replacement. Total cost for the Town Hall roof will be $46,600, and for the roof at Fire Station 16 it will be $24,540; in addition, to authorize the Town Manager to enter into contracts for the replacements of the roof on Town Hall and the flat roof in the northeast corner of Fire Station 16 – to include the condition that at least a 20-year warranty for the Town Hall roof is provided in writing. The motion was seconded by Comr. Cahoon which passed 4 – 0 (Comr. Sadler was not present.).

Consideration of Resolution appointing Review Officers Planning Director Elizabeth Teague explained that the Town’s Review Officers that are currently on file with Dare County and who review and sign site plans/plats, are made up of the Town’s current Zoning Administrators and the previous Planning Director. Ms. Teague would like to forward to Dare County an updated resolution identifying her as a Review Officer and removing the Town’s previous Planning Director.

MOTION: Comr. Cahoon made a motion to adopt the resolution appointing Town Review Officers as presented. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).


5

The resolution appointing Town Review Officers, as adopted, read in part as follows:

“WHEREAS, S.L. 1997-309 (S875) makes a number of significant changes in the procedures for recording maps and plats; AND

‘WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to a Review Officer; AND

‘WHEREAS, the new GS § 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person to serve as Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; AND

‘WHEREAS, GS § 47-30.2 allows for local municipalities to request their respective County governments to be allowed to appoint local Review Officers to review local plats for compliance to GS § 47-30.2; AND

‘WHEREAS, it is the desire of the Dare County, and Town of Nags Head Board of Commissioners to ensure an expeditious review of all maps and plats as required by GS § 47-30.2 before they are presented to the Register of Deeds for recording.

‘NOW THEREFORE BE IT RESOLVED, The Town of Nags Head Board of Commissioners requests the Dare County Board of Commissioners to appoint Elizabeth Teague, Planning and Development Director; Kelly Wyatt, Zoning Administrator; and Dabni Gray, Zoning Administrator, of the Nags Head Planning and Development Department to perform all responsibilities as required for Review Officer for the Town of Nags Head under the appropriate North Carolina General Statutes.

‘BE IT FURTHER RESOLVED that a copy of this Resolution designating the local Review Officers be recorded in the Dare County Register of Deeds Office and indexed in the name of the Review Officer.”

Items Referred to and Presentations from Town Attorney

Town Attorney Phillip Hornthal – Request for Closed Session Attorney Phillip Hornthal requested a Closed Session so that the Board can discuss potential litigation and property acquisition.

Items Referred to and Presentations from Town Manager

Town Manager Ogburn - Consideration of amendment to Personnel Policy Town Manager Ogburn explained that this agenda item concerns a housekeeping item – an amendment to the Town’s Personnel Policy concerning revised employee service awards - and would have been placed on a Consent Agenda if this agenda included one. Information contained on the Agenda Summary Sheet read in part as follows:

“Effective January 1, 2012, US Treasury Savings Bonds can no longer be purchased from a bank. Also, within the guidelines set out by the US Treasury the Town cannot purchase them online through the US Treasury for the purpose of gift giving. Attached please find staff memo and the revised Personnel Policy regarding Recognition of Employees for years of service:


6

Staff’s memo was presented to the Board and read in part as follows:

“It has been brought to our attention that we can no longer purchase US Treasury Savings Bonds from a bank effective January 1, 2012. Due to this change the Town cannot purchase them online through the US Treasury for the purpose of gift giving. We recommend providing gift cards for the same value with the exception of increasing the 10 years of service value from $37.50 to $40.00

‘Per the Personnel Policy, the Town Manager is responsible for the maintenance of the pay plan. The employee recognition program falls under the Pay Plan in the personnel policy. The policy also states that the Town Manager “prepare and recommend revisions of the pay plan to the Board of Commissioners for approval.” (Article II, Section 6)

‘Therefore, we would like to recommend the attached change to the Personnel Policy regarding Recognition of Employees for years of service. (Article IV, Section 12)

‘The proposed revisions to the employee service recognition are provided for your consideration on February 15th.”

MOTION: Mayor Pro Tem Remaley made a motion to approve the amendment to the Personnel Policy concerning employee service awards as presented. The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.).

The Personnel Policy change re: recognition of employees, as approved, is attached to and made a part of these minutes as shown in Addendum “A”.

Town Manager Ogburn - Update on digital signage text amendment Planning Director Elizabeth Teague summarized the timeline associated with the digital signage zoning ordinance text amendment – she pointed out that the Board will review a proposed digital signage text amendment at its March 7th meeting. The Planning Board will review the proposal at its meeting next week. Ms. Teague summarized the timeline which read in part as follows:

“Timeline related to Digital Signage Discussions and the OBX Mall

‘September 20, 2011 – Town staff ask Planning Board for guidance on digital signage interpretation. Planning Board initiates a text amendment. Kim Allen emails sign company.

‘November 15, 2011 – Text amendment brought before the Planning Board, majority vote to recommend to BOC to not allow any digital signage. Kim Allen receives email from Carolina Sign Company

‘November 18, 2011 – Kim Allen replies by email to Carolina Sign Company

‘December 7, 2011 – PB recommendation comes to BOC, BOC makes changes to ordinance but vote requires second reading.

‘January 3, 2012 – email from Elizabeth Teague to Lois Williams.


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‘January 4, 2012 – BOC second reading of text amendment and BOC reverts to PB original recommendation.

‘January 6, 2012 – email and phone conference with Lois Williams, Kim Allen and Elizabeth Teague.

‘January 20th, 2012 – Letter from Kim Allen to Suburban Electric.

‘January 23, 2012 – Stakeholders Meeting to discuss digital signage

‘February 21, 2012 – Digital signage on Planning Board Agenda

‘March 7, 2012 – Digital signage on Board of Commissioners Agenda”

Ms. Teague explained that currently anything other than what banks marquees have – date/time/temperature signage – is prohibited. She emphasized that she wants to make sure staff stays in step with the Board’s views and its adopted Land Use Plan.

Town Manager Ogburn - Consideration of Ocean Outfall Project Change Order Town Manager Ogburn presented the following information concerning the ocean outfall extension project:

“Carolina Marine Structures, Inc. has filed a change order request to allow the following:

1. Change the means and method of performing the contract to utilize a steel trestle system; 2. Change in contract price; 3. Change in contract scope via deletion of the outfall extension work at the National Park

Service Ramp No. 1 site; 4. Change in contract completion date from March 1, 2012 to April 1, 2012. 5. Clarification on response time for weather delay requests.

‘Staff recommendation is for Board approval of Change Order #3.”

Town Manager Ogburn noted that the requested $167,818 for Change Order #3 still puts this project bid well below the second and third bids. The McCall Court ocean outfall does not have to be extended at this time which will save money.

Mayor Oakes verified with Town Manager Ogburn that this change order is the best way to complete the Ocean Outfall Project prior to turtle season which starts April 1st – and that all parties have signed off on this as an acceptable means to take care of this project.

In response to Comr. Cahoon, Town Manager Ogburn stated that to assure that the project will be done by April 1st the following is to take place: The contractor (Carolina Marine) is working two shifts; Town Manager Ogburn has discussed the project importance with their attorney; Eddie Valdivieso spoke and confirmed that the Town has received performance and payment bonds from the contractor; Mr. Valdivieso said that the contractor is aware that if the project is not done prior to April 1st, they will not get paid. Mr. Valdivieso also said that he feels confident that Carolina Marine will get the work done on time.


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MOTION: Mayor Pro Tem Remaley made a motion to approve Change Order #3 for the Ocean Outfall Project as presented. The motion was seconded by Mayor Oakes which passed 4 – 0 (Comr. Sadler was not present.).

Town Manager Ogburn - Request for Closed Session Town Manager Ogburn requested a Closed Session for Board consideration of the acquisition of real property in accordance with GS 143-318.11(a)(5); the property to be considered is identified as follows:

- Dowdy’s Go Cart (3006 S Virginia Dare Trail) - Dowdy’s Carnival site (3005 S Croatan Highway) - Fin and Feather Motel (7740 S Virginia Dare Trail) - Gilliam Wood properties – properties identified as the old post office lots – approximately five acres between the highways at Milepost 13) - Dune Burger (7304 S Virginia Dare Trail)

Board of Commissioners Agenda Comr. Cahoon – Coastal Resources Commission met in Nags Head last week Comr. Cahoon reported that the Coastal Resources Commission (CRC) met last week in Nags Head – at Jennette’s Pier. She reported that the Sea Level Rise draft policy was defeated because it was incomplete – historical data is needed before it is adopted.

The issue of allowing 15 minutes for public comment was resolved by allowing everyone to speak, no matter how many people sign up.

Mayor’s Agenda

Mayor Oakes - Consideration of FY 12/13 Budget Workshop dates It was Board consensus to schedule Budget Workshops for Monday, April 9, 2012 at 3:00 p.m. and for Wednesday, April 11, 2012 at 5:00 p.m.

Mayor Oakes – Speed limit change on US 158 requested by Town of Kill Devil Hills Mayor Oakes reported that the Town of Kill Devil Hills is requesting that NC DOT reduce the speed limit on US 158 from Colington Road to the Nags Head Town line. If this occurs, Nags Head may want to extend this reduced speed limit to the Nags Head Elementary School line. Mayor Oakes asked his Board members to consider if this would be a reasonable solution or would they prefer to oppose the speed limit change being requested by Kill Devil Hills.

Comr. Cahoon said that she feels that the curb cuts on US 158 caused some of the problem; she does not feel that lowering the speed limit would have prevented the accident at Colington.

The Board took no specific action.


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CLOSED SESSION

MOTION: Mayor Pro Tem Remaley made a motion to enter Closed Session to discuss property acquisition and potential litigation in accordance with GS 143-318.11(a)(3) and (5). The motion was seconded by Comr. Walters which passed 4 – 0 (Comr. Sadler was not present.). The time was 8:03 p.m.

OPEN SESSION

The Board re-entered Open Session at 8:48 p.m. Attorney Hornthal reported that during Closed Session the Board discussed potential litigation and the Board voted to authorize staff to make an offer on real property.

ADJOURNMENT

MOTION: Comr. Cahoon made a motion to adjourn which passed 4 – 0 (Comr. Sadler was not present.). The time was 8:49 p.m.

_____________________________ Carolyn F. Morris, Town Clerk

Approved: __________________________

Mayor: __________________________ Robert O. Oakes, Jr.



Item Title: Approval to apply to NC League of Municipalities for Wellness grant to purchase equipment for Town Wellness Center

Item Summary:

In our continuing efforts to lower the Town’s health insurance rates through encouraging fitness, the Wellness Committee is requesting authorization to apply to the NC League of Municipalities, no match needed, to purchase a treadmill for the Town Wellness Center.

The treadmill currently in the Wellness Center was purchased over 10 years ago, making it old for a piece of equipment that is used as often as it is. The tread surface is worn out, making the machine uncomfortable to use for any length of time over 10 minutes. If we receive the grant to purchase a new treadmill, it is our intent to sell the current equipment on GovDeals.


Request Board authorization for Staff to apply for NCLM grant for purchase of treadmill.

Submitted By: Roberta Thuman, PIO/Admin Assistant Date: February 29, 2012 Finance Officer Comment:

Will require a future budget adjustment to increase anticipated revenues for the purchase of equipment if approved for funding.


N/A

Signature: Date: February 29, 2012 Town Manager Comment:

I concur with staff’s request.


Bob Oakes Mayor

Doug RemaleyMayor Pro Tem


Anna Sadler Commissioner



Town of Nags HeadPost Office Box 99



MEMORANDUM

TO: Mayor and Board of Commissioners

FROM: Wellness Committee

DATE: March 7 2012

SUBJECT: North Carolina League of Municipalities Wellness Grant Request

In our continuing efforts to lower the Town’s health insurance rates through encouraging fitness, the Wellness Committee would like to ask you to consider the attached grant request, with no match needed, for a treadmill, which would be installed in the Wellness Center across from Town Hall.

Each year, the North Carolina League of Municipalities, through its Risk Management Services division, offers grants of up to $3,000 to be used solely for the purposes of employee wellness program activities. You may remember that in Fiscal Year 2010-2011, we received a $3,000 grant, which was used to purchase an elliptical machine (and now a very heavily used piece of equipment).

The treadmill currently in the Wellness Center was purchased over 10 years ago, making it old for a piece of equipment that is used as often as it is. The tread surface is worn out, making the machine uncomfortable to use for any length of time over 10 minutes. If we receive the grant to purchase a new treadmill, it is our intent to sell the current equipment on GovDeals.

RMS WELLNESS GRANT PROPOSAL FOR FUNDING SMALL TOWNS AND CITIES WELLNESS PROGRAM ACTIVITIES

Return to:Lisa Battaglia, Health/Wellness and EAP ConsultantNCLM Risk Management ServicesP.O. Box 1310, Raleigh, NC 27602-1310

Questions?Call Lisa at (919) 715-2911 or (800) 228-0986

From:

YOUR NAME TITLE

GOVERNMENTAL UNIT CURRENT #. OF FULLTIME EMPLOYEES

ADDRESS/CITY/STATE/ZIP

PHONE FAX

The management of the governmental unit of __________________________________ is pleased to present, for yourapproval, the following request for MIT and/or NCIRMA participant grant funding to be used solely for the purposes of employee wellness program activities for the next twelve month period. Funding amount ranges from $400 to $3,000per group (depending on number of full-time employees).

Manager/administrator signature ____________________________________________________________________

PLEASE CHECK AND COMPLETE MENU ITEM REQUESTS BELOW:

____ Back injury prevention Cost projected ______________

____ CPR (re) certification Cost projected ______________

____ Stress management Cost projected ______________

____ Weight control Cost projected ______________

____ Nutrition Cost projected ______________

____ Smoking cessation Cost projected ______________

____ Walking club Cost projected ______________

____ Fitness Cost projected ______________

____ Lunch ‘n learns Cost projected ______________

____ Consumer self-care Cost projected ______________

____ Screening programs Cost projected ______________(cholesterol, blood pressure, cancer, healthy heart or diabetes, glaucoma, etc.)

____ Health fairs Cost projected ______________(please list health fair needs on separate page and attach)

____Team activities Cost projected ______________

Type of team ________________________________ Number participating _____________(softball, bowling, basketball, golf, etc.)

____ Other requests ______________________________________________________________________________

Roberta Thuman, Public Information Officer

Town of Nags Head, 106 employees

PO Box 99, 5401 S Croatan Hwy, Nags Head, NC 27959

252-441-5508, Fax is 252-441-0776

the Town of Nags Head

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Quote Prepared For:Nags Head Planning & Devmnt c/o Roberta Thuman -Nags Head NC 27957 US 252-441-5508

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Item No: 10 Meeting Date: March 7, 2012

Item Title: Public Hearing and consideration of a motion to approve a Conditional Use/Site Plan Amendment Application for an accessory structure at Full Throttle Speedway

Item Summary: Mr. Darnell Tillett has submitted this Conditional Use/Site Plan Amendment Application to locate a 10’ x 22’ accessory structure at Full Throttle Speedway located at 6504 S. Croatan Highway and zoned C2, General Commercial and within the Commercial Outdoor Recreation Overlay District.

Staff Recommendation: Planning staff recommends approval of this requested conditional use/site plan amendment application as presented.

Planning Board Recommendation: At their February 21, 2012 meeting, the Planning Board voted unanimously to recommend approval of the conditional use/site plan amendment as presented.


Open/Close Public Hearing to consider CUP/site plan amendment request, Findings of Fact and Permit Approval (or approval with conditions).

Submitted By: Planning and Development staff Date: February 29, 2012Finance Officer Comment:



If the Board can make the three (3) findings of fact proposed by staff at the end of the staff report, it should approve the site plan/CUP.


I also recommend approval.


STAFF REPORT

To: Board of Commissioners From: Kelly Wyatt, Zoning Administrator

Application: CUP/Site Plan Amendment Date: March 7, 2012

GENERAL INFORMATION

Applicant: Darnell Tillett

Application Request: Conditional Use/Site Plan Amendment.

Purpose: Location of 22’ x 10’ accessory structure onsite.

Property Location: 6504 S. Croatan Highway, Nags Head.

Existing Land Use: Commercial Outdoor Recreation, Go-Cart Track.

Zoning Classification of Property: C2, General Commercial District & Commercial Outdoor Recreation Overlay District.

Zoning Classification of Surrounding Properties: Property immediately north of the site, across W. Forbes Street is zoned C-2, General Commercial and is developed residentially. Property south of the site is zoned C-2, General Commercial and is also located within the Commercial Outdoor Recreation Overlay District. Property east of the site, directly across S. Croatan Highway is zoned C-2, General Commercial.

Land Use Plan Map/Policies: Land Use Plan classification for this property is Park/Open Space – Private. This proposal is consistent with this land use classification and additionally is consistent with stated land use policies.

SPECIFIC INFORMATION

Applicable Zoning Regulations:

Use Regulations: Accessory building for concessions is a permitted use within the Commercial Outdoor Recreation Overlay District.

Lot Coverage- Allowable lot coverage for this site is 55%; current lot coverage is 32.2%. The proposed 220 square foot addition would increase lot coverage to 32.3% therefore lot coverage is compliant.

Building Height- The maximum allowable height is 35 ft. from grade. The proposed building is approximately 11 ft. in height therefore height is compliant.

Architecture Design Standards: Proposed building is an accessory structure and therefore not required to adhere to design standards of Code Section 48-371. Parking: Existing parking onsite is adequate; the proposed accessory building does not generate need for additional parking.

Buffering/Landscaping: The location of this accessory structure will not result in any need to change or alter the existing vegetative buffer.

Lighting: The location of this accessory structure does not impact the existing compliant site lighting, no alterations to the lighting plan are necessary.

Water and Sewage Disposal: The Dare County Health Department has reviewed and issued the improvement permit for this use (memo attached).

Stormwater Management: The Stormwater Management plan for this site has been previously approved and will not be affected by this request.

Traffic Circulation: Traffic circulation has been approved, and proposed accessory structure will not impact traffic circulation or encroach on parking or traffic areas as they exist now.

Fire: Project will be required to comply with all applicable NC Fire Prevention Code requirements as part of building permit application review and issuance.

Public Works: The Public Works Department has reviewed and approved proposed plan.

ANALYSIS

Accessory structure is proposed to be located within foot print of portable bleachers to be removed and will not change the use of the property. Addition of this structure as proposed is compliant with lot coverage, building height, parking, landscaping and lighting. The Town Engineer, Fire and Public Works Departments have reviewed and approved this proposed plan.

STAFF RECOMMENDATION

Staff recommends approval of the conditional use/site plan amendment application as presented.

PLANNING BOARD RECOMMENDATION

At their February 21, 2012 meeting, the Planning Board voted unanimously to recommend approval of the conditional use/site plan amendment as presented.

The Board of Commissioners is required to make the following affirmative findings of fact for conditional use applications and staff has determined:

1. The applicant has met the requirements of the Town of 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.

Attachments: Site Plan, Conditional Use Application, Septic Memo.

1

Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016Department Nags Head, North Carolina 27959 FAX 252-441-4290

www.townofnagshead.net

NOTICE OF PUBLIC HEARINGS

TOWN OF NAGS HEAD BOARD OF COMMISSIONERS

NOTICE IS HEREBY GIVEN that the Nags Head Board of Commissioners will conduct public hearings on Wednesday, March 7, 2012 beginning at 9:00 am in the Board Room of the Municipal Complex, 5401 S. Croatan Highway, Nags Head, N.C. to consider the following requests:

1. Public Hearing to consider conditional use/site plan amendment submitted by Darnell Tillett to locate a 10’ x 22’ accessory structure upon the property located at 6504 S. Croatan Highway (Full Throttle Speedway). The property is zoned C2, General Commercial and is located within the Commercial Outdoor Recreation Overlay District.

2. Public Hearing to consider adoption of zoning ordinance text amendments to allow the use of digital signage within the Town.

A copy of the application requests are available for public inspection at the Nags Head Planning and Development Department and the office of the Town Clerk, Town Municipal Complex, 5401 S. Croatan Hwy, Nags Head, NC 27959, telephone (252) 441-5508 during normal business hours.

As a result of these hearings, substantial changes may be made in the proposals as advertised to reflect objections, debate and discussion at the hearings. Any person desiring to be heard on any of the proposals as stated above should appear at the time and place specified above.

This the 21st day of February 2012.

Kelly Wyatt Zoning Administrator

For publication in The Coastland Times on Thursday, Feb 23, 2012 and on Thursday, Mar 1, 2012.

Please use Nags Head logo and legal print.

1



Item Title: Public Hearing and Consideration of a motion to adopt Zoning Ordinance Text Amendments to permit digital reader boards as part of allowable signage

Item Summary: This item was initiated by the Planning Board at staff’s request because ofemerging digital signage technology. Initial direction from the Planning Board was to eliminate all digital signage (November 15, 2012 meeting). The Board of Commissioners asked staff and the Planning Board to consider alternatives (Commissioners Meetings of December 7, and January 4, 2012). A sub-committee of the Planning Board and staff held a work session with stakeholders and developed recommendations at their February 21 meeting and a special called meeting held February 29, 2012.

Staff Recommendation: Staff’s position is that if digital signage is to be allowed at all, then regulations should limit their location. Staff has offered an alternative to the Planning Board’s recommendation in order to limit digital signage to the SPD-C District where signage amounts are fixed as part of the Village Master Plan.

Planning Board Recommendation: The Planning Board recommends by a vote of 5 to 1 that digital signage be allowed within the C-2 and SPD-C District and adjacent to US158. This recommendation also limits usage to a message board, not to exceed 20% of the total sign face area and regulates brightness, prohibits scrolling, flashing, or changing/moving images, andsets a minimum and maximum range of lettering size.

Number of Attachments: 4Specific Action Requested: Public Hearing to consider zoning ordinance text amendment.

Submitted By: Planning and Development Date: February 29, 2012Finance Officer Comment: Insufficient information to determine precise fiscal impact.

Signature: Kim Kenny Date: February 29, 2012Town Attorney Comment: I will participate in the discussion and comment at that time.

Signature: John Leidy Date: February 29, 2012Town Manager Comment: I don’t believe digital signs are within the best interests of the Town – if the Board is inclined to grant their use, their size should be limited.


1

Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016Department Nags Head, North Carolina 27959 FAX 252-441-4290

www.townofnagshead.net

NOTICE OF PUBLIC HEARINGS

TOWN OF NAGS HEAD BOARD OF COMMISSIONERS

NOTICE IS HEREBY GIVEN that the Nags Head Board of Commissioners will conduct public hearings on Wednesday, March 7, 2012 beginning at 9:00 am in the Board Room of the Municipal Complex, 5401 S. Croatan Highway, Nags Head, N.C. to consider the following requests:

1. Public Hearing to consider conditional use/site plan amendment submitted by Darnell Tillett to locate a 10’ x 22’ accessory structure upon the property located at 6504 S. Croatan Highway (Full Throttle Speedway). The property is zoned C2, General Commercial and is located within the Commercial Outdoor Recreation Overlay District.

2. Public Hearing to consider adoption of zoning ordinance text amendments to allow the use of digital signage within the Town.

A copy of the application requests are available for public inspection at the Nags Head Planning and Development Department and the office of the Town Clerk, Town Municipal Complex, 5401 S. Croatan Hwy, Nags Head, NC 27959, telephone (252) 441-5508 during normal business hours.

As a result of these hearings, substantial changes may be made in the proposals as advertised to reflect objections, debate and discussion at the hearings. Any person desiring to be heard on any of the proposals as stated above should appear at the time and place specified above.

This the 21st day of February 2012.

Kelly Wyatt Zoning Administrator

For publication in The Coastland Times on Thursday, Feb 23, 2012 and on Thursday, Mar 1, 2012.

Please use Nags Head logo and legal print.

2

STAFF REPORT

TO: Board of Commissioners FROM: Kim Allen, Code Compliance Officer

Elizabeth Teague, Planning DirectorDATE: February 29, 2012SUBJECT: Zoning Text Amendment to Prohibit Digital Signs

SUBJECT OR MOTION(S):

1. Motion to recommend adoption of Zoning Ordinance Text Amendment to Sections:

48-7 Definitions,

48-842 SPD-C Regulations governing signs and outdoor advertising structures,

48-282(6) – Signs and Outdoor Advertising Structures, Prohibited Signs, and

48-284 - Signs permitted in Commercial Districts and the CR district.

2. Motion to recommend adoption of a Statement of Consistency.

BACKGROUND:

Recognizing the emerging technologies of LED, LCD and plasma screens, staff asked the Planning Board for guidance last fall and a text amendment process was initiated. At their November Meeting, the Planning Board took up the discussion and recommended by a split vote to prohibit all forms of digital signage. At that time, the Planning Board raised concerns about the proliferation of digital imagery that is not consistent with the character of Nags Head or other regulations related to signage and lighting, creating an unfair advantage for existing and smaller businesses, and that signs could distract drivers and be a safety issue. At the Commissioners Meetings in December and January, the Board of Commissioners adopted the Planning Board’s recommendation but then asked staff and Planning Board to re-consider the text amendment and develop alternatives that would allow some form of digital signage where it would be helpful to businesses.

In response, Planning Board members Tom Haddon and Marvin Demers assisted with a stakeholders meeting on January 23, 2012 to gather community input on future regulations, (minutes attached). The Planning Board then revisited their discussion in February (a regularly scheduled meeting and a special called meeting). Several conclusions were reached by the Board through these discussions:

1. Allow digital signage to be permitted in the C-2 and SPD-C commercial districts, but only adjacent to US158 and away from the beach road and residential areas. The reasoning is that the chance for light trespass to impact residents or the beach environment would be minimized. Additionally, the US158 corridor is where businesses are set back from the road and where developments have multiple business tenants that could benefit from improved visibility. Discussion also reflected that the 5 lane thoroughfare of US158 is of a different character from either the Beach Road or side streets and that while

3

enhanced signage could be visually acceptable along US158, it would be visually detrimental to other areas in Town.

2. Allow full color, similar to the existing Outer Banks Hospital sign. In looking at the existing signs around Town and speaking with representatives of a participating sign company, the stakeholders group concluded that the full color array appears easier to read than the amber or white lettering of monochromatic boards and is neater looking.

3. Allow digital technology for reader boards and message boards only, and similar to how manually controlled reader boards function now. There was agreement that there should be no video, streaming, scrolling, or flashing, and that messages should be static. However, there was also a feeling that a message should be able to change more frequently than once every 24 hours, but not so frequently that it would distract a driver traveling down US158. The Planning Board determined that digital reader boards could change with a frequency to be no greater than once per every 10 minutes.

4. Control the size of digits/lettering in digital reader boards so that they are readable from the roadway but are not so large that the text creates a lot of glare. Information from various industry journals indicated that for every 1” of lettering, you achieve 30’ of normal visual range. In considering the US158 corridor the Planning Board considered the range of visibility of a motorist traveling at a safe speed and concluded that text of height from 4” to 10” would provide 120’ to 300’ range of visibility (note: at 50 mph one travels 73’ per second allowing 1.5 second to just over 4 seconds of time to read text).

5. Incorporate allowance for digital reader board into total sign face area. There was much discussion about whether allowable signage area should be 100% digital or if just a digital reader board should be allowed as a percentage of the overall sign face. Of the existing signs with a digital component currently in Town, all currently incorporate a digital reader board as part of the total sign face calculation and all are less than 20% of the total sign area (see attached).

The Board also considered allowing 30% wherever multiple businesses are represented by one sign, such as the Mall or a shopping center, and 20% for signs representing single businesses. The Planning Board concluded to keep an allowance for digital signage components to be 20% for all signs. Because the maximum freestanding sign face area is 64 sf, the Planning Board recommends inclusion of the phrase ”or 12.8 feet whichever is greater” in order to provide businesses with smaller signs the benefit of a digital sign component option.

6. Regulate brightness of digital message boards to be consistent with current allowable sign lighting, and require dimming technology to be installed in order to adjust to ambient light. Most digital sign lighting standards were developed for digital billboards and LCD screens which is done in “nits” and can be variable. Our local light ordinances measure standards in footcandles with a maximum @ 10 fc. Unlike other signs, digital signs are impacted by ambient light. During the Day, digital signs must be brighter to be seen; and at night, digital signs should be dimmed down to be seen (if a digital sign is too bright against a dark sky, the image appears blurry). The Board concluded that at no time should a digital sign be brighter than 40 nits above the ambient light level. Exact readings could be taken with a special meter which the Town would need to purchase and by requiring sign owners to evaluate and monitor their signs brightness at their cost. The Board suggested that the Commissioners could establish a higher permit fee for signs that have a digital reader board component to help offset costs.

4

Notably, as discussions began last fall, the Outer Banks Mall asked to replace their sign that was damaged during Hurricane Irene with one that included a digital reader board. This request would not have been permitted. While this sign request has not been the driving force behind the discussions, representatives from the Mall Management Company and Mall businesses have participated in the stakeholders work session and Planning Board Meetings.

The Mall sign is unique in that its size is governed by a signage allocation that was designated as part of the Village Master Plan and it is the largest commercial sign within the Town. Mall representatives have noted that allowance for digital signage would assist businesses within their shopping complex that are not visible from US158, that a digital reader board would be easier to maintain in the Nags Head environment than a non-digital one, and that a digital reader board would function in the same way that their manual reader board did. A suggestion was also made that the Mall could use a dimmer on the sign in order to dim down the sign late at night and that the sign could be used for public service announcements or special events. Adrawing for the proposed sign at the Outer Banks Mall showed a digital reader board that was 30% or 56 square feet of the total sign face.

PLANNING BOARD RECOMMENDATION:

The Planning Board recommends that the Board adopt the Ordinance and the Statement of Consistency as attached.

STAFF RECOMMENDATION:

Staff’s position is that digital signage is in conflict with Town efforts to protect the night sky and regulate lighting to protect the architectural character of the Town as a residential community. Staff is also concerned about our ability to regulate the brightness of digital signage generally and the difficulty of enforcing a specified level of brightness on a digital sign. If however, the Board finds that the allowance for this technology is beneficial to local businesses and not detrimental to the town’s visual character, then the Planning Board’s approach is a good one.

To give the Board of Commissioners choice, Staff is providing an alternative ordinance for the Board’s consideration which would limit the location of signage to the SPD-C District where signage is strictly allocated already, and to accommodate a larger digital area for a shopping center such as the Mall. This approach would make the Outer Banks Hospital, Resort Realty and the proposed sign for Outer Banks Mall legal, but would otherwise prohibit such signage anywhere else. The Sunoco and ECB Bank signs would then remain as a pre-existing nonconforming uses.

ATTACHMENTS:

A. Materials from the Stakeholders work session and Planning Board Meetings

B. Draft Text Amendments

C. Draft Statement of Consistency

5

Town of Nags HeadRound Table on Digital Signage

January 23, 2012, 2:00 PM – 4:00 PMTown Hall

MMeeting Objectives:Identify concerns and ideas from local stakeholdersEducate stakeholders on Town goals and concernsDevelop recommendations for Planning Board and Commissioners’ Consideration

AGENDA

1. Meeting Overview/Logistics/Use Parking Lot

2. Introductions:What are Expectations or Concerns do you have regarding the Town developing rules related to digital signage?

3. Town of Nags Head Land Use Plan and Ordinances (attached)

4. BrainstormWhat does “A built environment that reflects the heritage of Old Nags Head” mean when it comes to signage?

How do we balance commercial interests with the residential character the Town is trying to preserve?

5. Agreement Points?

6. Next Steps

7. Adjourn

6

From the Town of Nags Head Adopted Land Use Plan

Introduction

“The Town of Nags Head is a unique and attractive resort community on the Outer Banks of North Carolina in Dare County. A number of characteristics make it an attractive place to live or vacation. Among them are its proximity to water and beaches, its abundance of open spaces, its generally low density of development, and the overall quality of its natural environment.” (p.1)

Vision Statement (pp.6-7, and 87-88)

“The Town of Nags Head is working to build a community populated by diverse groups whose common bond is a love of the Outer Banks. We recognize that the Town must be a good place to live before it can be a good place to visit. We recognize that those who have lived on this land before us have forged our path and that we must learn from them and respect their memory. We recognize that our natural environment is an integral part of our community and must be considered in all decisions. We recognize that in order to secure this future we must work together, treating all with respect and fairness and focusing on our common goals.

“The Town of Nags Head is working to build a community with an economy based on family vacation tourism. The base of that economy is a high quality beach experience. Important elements in developing and maintaining this economy are:…

A relaxed-paced beach community comprised primarily of low-density development and open spaces.A built environment that reflects the heritage of “Old Nags Head.”A well-organized pattern of land uses that, when combined with a transportation system that accommodates a variety of travel modes, promotes and active and accessible community.Commercial services provided by locally owned and operated businesses that share in the building of our community.Recreational amenities and attractions, both commercial and non-commercial that are wholesome and appeal to a broad spectrum of family members, age groups and interests…”

Policies

The Town shall continue to address community appearance concerns through the existing boards (Planning Board, Citizens Advisory Committee and Board of Commissioners). The Town shall work toward incentives designed to enhance, promote and protect the Town’s architectural image and heritage. (pp. 83 and 104)

The goal of the Town of Nags Head is to continue to grow primarily as a low density, single-family residential community, while also accommodating a mix of other housing types. It is also a goal of the Town to preserve open space and green space and will inventory and develop a plan to acquire and preserve open space. (p. 106)

Management

As Nags Head approaches build-out, management of existing development and redevelopment will be a paramount concern. As remaining land becomes more limited and as our housing stock ages, the Town must make sure that when the marginal land is developed and the existing housing stock improved, that it is developed or improved in a fashion consistent with the Town’s desire to retain the “Nags Head” image. As we near build-out, our focus needs to address our existing natural and man-made environment and how best to manage this environment to meet the needs of our citizens and visitors. (p. 127)

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From Town of Nags Head Codes

Intent and Purpose Sec. 48-4

The regulations are made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the town, as it may from time to time exist.. . . .

. . .to provide, among other matters, a wholesome, serviceable and attractive community; to preserve the family beach character of the town; to increase the safety and security of home life; to preserve and create a more favorable environment in which to rear children; to stabilize and enhance property and civic values; to develop meaningful and productive relationships between the private sector and town government; to provide for a uniform land use pattern and tax assessment base; to aid in development and redevelopment of the town. . ..to ensure compatibility of new development with existing development and open space; to conserve and enhance the manmade resources of the community. . . to provide more reasonable and serviceable means and methods of protecting and safeguarding the economic and social structure upon which the public depends.

Use Occupancy and Construction Sec 48-72

No building, structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be constructed except in conformity with all of the regulations specified in this chapter for the district in which it is located. Permitted and conditional uses are listed by district within the schedule of district regulations. Any use not specifically designated as a permitted or conditional use shall be deemed to be prohibited.

Signs- Intent of Article Sec 48-281

It is the intent of this article to protect the visual attractiveness and community character of the town by controlling the number, area and location of signs in all zoning districts. The regulations of this article are designed among other purposes to maintain a balance between the need to preserve and enhance the visual integrity of the town while recognizing the contribution appropriate signage offers towards promoting tourism, commerce and economic development.

Signs – General Regulations Sec 48-282

(5) Illuminated signs. All signs in which electrical wiring and connections are to be used shall require a permit and shall comply with the electrical code adopted by the town and be inspected and approved by the building inspector. All illuminated signs shall comply with the provisions of article IX of this chapter, outdoor lighting.

(6) Prohibited signs.

(c) No sign, business sign or outdoor advertising structure shall be erected which contains, employs or utilizes lights or lighting which rotates, flashes, moves or alternates; except that time and temperature displays without electronic advertising matter are permitted but must be included in computing allowable signage. Continuous printout, running or ticker-tape type message panels or signs are prohibited.

(q) LED and Digital Signs (adopted Dec 2011)

Definitions Sec 48-7

Digital sign means any sign featuring electronic display or moving images created by incandescent, LCD, Plasma, LED or projected images for any purposes other than traffic control devices. This definition is intended to include any sign containing incandescent lights or exposed light bulbs used as a message or reader board, or to project images. This definition does not include LED technology used only for the purpose of illuminating a structural sign face. (adopted Dec 2011)

8

4 Existing Digital Signs in Nags Head

Hospitaltotal sign area 64 sfdigital sign area 9 sf (1’7” x 5’9”)percentage 14%

Sunocototal sign area 53 sfdigital sign area 9sfpercentage 17%

9

East Carolina Banktotal sign area 51.75 sfdigital sign area 7.43 sf (1’8” x 4’5.5”)percentage 14%

PROPOSED SIGN FOR THE OUTERBANKS MALL

total sign area 187.04 sfdigital sign area 56 sf (3.5’ x 16’)percentage 29.9%

Resort Realtytotal sign area 31.25 sfdigital sign area 6 sfpercentage 19%

10

AN ORDINANCE AMENDING THE CODE OF ORDINANCESOF THE TOWN OF NAGS HEAD, NORTH CAROLINA

(As recommended by the Planning Board)

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that Chapter 48, Zoning, of the Code of Ordinances shall be amended as follows:

PART I. That Section 48-7 Definitions be amended as follows:

LED, LCD, digital or plasma signs mean any sign featuring electronic display or moving images created by incandescent, LCD, Plasma, LED or projected images for any purposes other than traffic control devices. This definition is intended to include any whole sign used to project images or video in place of fixed lettering or sign facing. This definition does not include LED technology used only for the purpose of illuminating a structural sign face, or for a digital message board component that is incorporated into a free-standing sign face.

LED, LCD, plasma or digital reader or digital message board component is an electronic display used for the purpose of conveying text and which is incorporated as a part of the allowable sign face of a freestanding sign.

PART II. That Section 48-842. – SPD-C Regulations governing signs and outdoor advertising structures be amended as follows:

(a) Generally. Unless otherwise specified in this section, The Village at Nags Head is covered by the town sign provisions of article VIII of this chapter, regulations governing signs and outdoor advertising structures, sections 48-281—48-285.However, recognizing that special planned development community districts are exempt from certain other requirements of this chapter such as dimensional requirements, the board of commissioners shall have broad authority to vary or modify the requirements of article VIII of this chapter. This proposal to vary or modify this article would include those sections of this article listed above plus the additional regulations listed below which would allow the spirit of article VIII of this chapter to be observed and the purposes and intent of the special planned development-community district as contained in section 48-443 to be fulfilled.

1. On lots adjacent to US158, Commercial Signage within the Village District of Nags Head may incorporate a digital message board component into the allowable total square footage of a sign face.

2. Digital message board components of a sign should be 20% or less of the total area of the allowable sign face and meet the following criteria:

a. Digital message board components of a sign should function only as a static message or “reader” board, and shall not flash, scroll, stream, or provide moving images or video.

b. Digital messages or images shall not alternate or change more than once every 10 minutes.

11

c. Digital lettering shall be 4” to 10” in height

d. Light trespass shall not exceed 0.1 footcandle at any property line.

e. Digital message boards shall come equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. At no time shall the brightness exceed 40 “nits” or 2% above ambient light levels. Prior to final inspection approval, the applicant shall provide proof that the digital message board component complies withthe specifications of this section and is field verified by a professional inspector.

f. All owners and operators of digital message board components shall be responsible to ensure continued compliance with regulatory brightness limitations on an annual basis.

PART III. Section 48-282(6) – Signs and Outdoor Advertising Structures, Prohibited Signs be amended as follows:

(6) Prohibited signs.c. No sign, business sign or outdoor advertising structure shall be erected which

contains, employs or utilizes lights or lighting which rotates, flashes, moves or alternates, or use digital or LED, LCD or plasma signs to project imagery or moving imagery; except that time and temperature displays without electronic advertising matter and digital message board components incorporated into freestanding signs pursuant to 48-842 and 48-284 (2) d are permitted but must be included in computing allowable signage. Continuous printout, running or ticker-tape type message panels or signs are prohibited.

PART IV. Section 48-284. - Signs permitted in commercial districts and the com/res. district.

Signs permitted in the C-2, C-3, C-4 and CR districts are as follows:

(2) d. A Digital message board component may be incorporated into the allowable square footage of a sign in locations adjacent to US158 in the C-2 District. A digital message board component of a sign should be 20% or less of the total area of a sign face or 12.5 square feet whichever is greater, and shall meet the following regulations:

a. Digital message board components of a sign should function only as a staticmessage or “reader” board, and shall not flash, scroll, stream, or provide moving images or video.

b. Digital messages or images shall not alternate or change more than once every 10 minutes.

c. Digital lettering shall be 4” to 10” in height

d. Light trespass shall not exceed 0.1 footcandle at any property line.

12

e. Digital message boards shall come equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. At no time shall the brightness exceed 40 “nits” or 2% above ambient light levels. Prior to final inspection approval, the applicant shall provide proof that the digital message board component complies with the specifications of this section and field verified by a professional inspector.

f. All owners and operators of digital message board components shall be responsible to ensure continued regulatory brightness limitations on an annual basis.

PART V. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall be in full force and effect from and after the ___ day of ________ 2012.

Robert O. Oakes, Jr., MayorATTEST:

Town Clerk

APPROVED AS TO FORM:

Town Attorney

Date adopted:Motion to adopt by Commissioner Motion seconded by Commissioner Vote: AYES NAYS

13

AN ORDINANCE AMENDING THE CODE OF ORDINANCESOF THE TOWN OF NAGS HEAD, NORTH CAROLINA

(As prepared by Town staff)

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that Chapter 48, Zoning, of the Code of Ordinances shall be amended as follows:

PART I. That Section 48-7 Definitions be amended as follows:

LED, LCD, digital or plasma signs mean any sign featuring electronic display or moving images created by incandescent, LCD, Plasma, LED or projected images for any purposes other than traffic control devices. This definition is intended to include any whole sign used to project images or video in place of fixed lettering or sign facing. This definition does not include LED technology used only for the purpose of illuminating a structural sign face, or for a digital message board component that is incorporated into a free-standing sign face.

LED, LCD, plasma or digital reader or digital message board component is an electronic display used for the purpose of conveying text and which is incorporated as a part of the allowable sign face of a freestanding sign.

PART II. That Section 48-842. – SPD-C Regulations governing signs and outdoor advertising structures be amended as follows:

(b) Generally. Unless otherwise specified in this section, The Village at Nags Head is covered by the town sign provisions of article VIII of this chapter, regulations governing signs and outdoor advertising structures, sections 48-281—48-285.However, recognizing that special planned development community districts are exempt from certain other requirements of this chapter such as dimensional requirements, the board of commissioners shall have broad authority to vary or modify the requirements of article VIII of this chapter. This proposal to vary or modify this article would include those sections of this article listed above plus the additional regulations listed below which would allow the spirit of article VIII of this chapter to be observed and the purposes and intent of the special planned development-community district as contained in section 48-443 to be fulfilled.

1. On lots adjacent to US158, Commercial Signage within the Village District of Nags Head may incorporate a digital message board component into the allowable total square footage of a sign face.

2. Digital message board components of a sign should be 20% or less of the total area of the allowable sign face for freestanding signs representing one business or 30% of the allowable sign face for freestanding signs representing multiple businesses within a shopping center, and meet the following criteria:

14

g. Digital message board components of a sign should function only as a static message or “reader” board, and shall not flash, scroll, stream, or provide moving images or video.

h. Digital messages or images shall not alternate or change more than once every 10 minutes.

i. Digital lettering shall be 4” to 10” in height

j. Digital message boards shall come equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. At no time shall the brightness exceed 40 “nits” or 2% above ambient light levels. Prior to final inspection approval, the applicant shall provide proof that the digital message board component complies with the specifications of this section and field verified by a professional inspector.

k. All owners and operators of digital message board components shall be responsible to ensure continued regulatory brightness limitations on an annual basis.

PART III. Section 48-282(6) – Signs and Outdoor Advertising Structures, ProhibitedSigns be amended as follows:

(6) Prohibited signs.c. No sign, business sign or outdoor advertising structure shall be erected which

contains, employs or utilizes lights or lighting which rotates, flashes, moves or alternates, or use digital or LED, LCD or plasma signs to project imagery or moving imagery; except that time and temperature displays without electronic advertising matter and pursuant to 48-842 and digital message board components incorporated into freestanding signs pursuant to 48-284 (2) d are permitted but must be included in computing allowable signage. Continuous printout, running or ticker-tape type message panels or signs are prohibited.

PART IV. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall be in full force and effect from and after the ___ day of ________ 2012.

Robert O. Oakes, Jr., MayorATTEST:

Town Clerk


Town AttorneyDate adopted:Motion to adopt by Commissioner

15

Motion seconded by Commissioner Vote: AYES NAYS

STATEMENT OF CONSISTENCY(Applicable to Either Ordinance)

TOWN OF NAGS HEADSTATEMENT OF CONSISTENCY

WITH THE LAND USE PLAN FOR A ZONING TEXT AMENDMENT

BE IT HEREBY RESOLVED by the Board of Commissioners for the Town of Nags Head, that in accordance with provisions of North Carolina General Statute 160A-383, the Board of Commissioners hereby finds and determines that the adoption of the requested zoning text amendment regarding digital signs.

Is consistent with the goals, objectives and policies of the Town’s adopted Land Use Plan, and that this action is reasonable and in the public interest because it addresses an emerging concern related to community appearance (p. 104)

READ, APPROVED AND ADOPTED by a vote of _____ to _____, this, the December______, 2011.

____________________________________Robert O. Oakes Jr., Mayor

ATTEST:


Item No: 12 Meeting Date: March 7, 2012

Item Title: Report and Recommendations on the Safe Routes to School Program

Item Summary:

Update will be provided on a meeting with Town staff and School representatives regarding interest in starting a “Safe Routes to School Program” (SRTS) in Nags Head.

Attached please find a copy of the powerpoint presentation.


Direction to staff to proceed with activities related to the Safe Routes to School Program (SRTS).

Submitted By: Planning & Development Staff Date: February 29, 2012 Finance Officer Comment:



N/A


I will participate in this discussion.


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Item Title: Second Reading - Consideration of adoption of Zoning Ordinance Text Amendments to permit the onsite rental of beach chairs and umbrellas within the Village at Nags Head and as an accessory use to Hotels within the CR Zoning District – from February 1, 2012 Board meeting

Item Summary: At the February 1, 2012 Board of Commissioners meeting, a Public Hearing was held and the Board passed a motion to adopt the amendments to the zoning ordinance to allow umbrella and beach chair rentals at CR Hotel sites and the Village Beach Club (Mayor Oakes was recused and Comr. Sadler was not present). First time adoption of an ordinance requires a 4/5 positive vote; a second reading is therefore required on March 7th. Backup from February 1st is provided.

_________________________________ The proposed zoning text amendments, prepared at the direction of the Board of Commissioners following a stakeholders meeting, would amend Town Code Section 48-405(c)(2)(t), Hotels within the CR, Commercial Residential Zoning District and Town Code Section 48-869 (b), Permitted Uses within the Village Recreation District to allow the onsite rental of beach chairs and umbrellas. See attached staff report, text amendment, and Statement of Consistency.

Staff Recommendation: Planning Staff recommends adoption of both ordinances as presented while appreciating any feedback, changes or revisions offered by the Board. Planning Board Recommendation: At their January 17, 2012 meeting, the Planning Board voted unanimously to recommend adoption of the attached ordinance which includes clarifications regarding the pick-up of loose trash and debris, and the inclusion of the use at the Village at Nags Head Beach and Tennis Club in addition to the private beach bathhouse.

Number of Attachments: 4Specific Action Requested: Second Reading of Zoning Ordinance text amendments.

Submitted By: Planning and Development Date: February 29, 2012Finance Officer Comment:Insufficient information to determine precise fiscal impact.

Signature: Kim Kenny Date: February 29, 2012 Town Attorney Comment:I will participate in the discussion of this item as necessary.

Signature: John Leidy Date: February 29, 2012 Town Manager Comment:I concur with the ordinances adopted on February 1st.


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STAFF REPORT

TO: Board of Commissioners FROM: Kelly Wyatt, Zoning Administrator Elizabeth Teague, Planning & Development Director DATE: February 1, 2012 SUBJECT: Proposed zoning ordinance text amendments to Town Code Section 48-

405(c)(2)(t), Hotels within the CR, Commercial Residential Zoning District and Section 48-869 (b), Permitted Uses within the Recreation District.

SUBJECT OR MOTION(S):

1. Motion to recommend adoption of Zoning Ordinance Text Amendment to Town Code Section 48-405(c)(2)(t), Hotels within the CR, Commercial Residential Zoning District.

2. Motion to recommend adoption of the Statement of Consistency

3. Motion to recommend adoption of Zoning Ordinance Text amendment Section 48-869 (b), Permitted Uses within the Recreation District.

4. Motion to recommend adoption of the Statement of Consistency.

BACKGROUND:

At their December 7, 2011 meeting the Board of Commissioners passed a motion to allow rental of beach chairs and umbrellas at the Village at Nags Head Private Beach Bathhouse located at 4929 S. Virginia Dare Trail to lapse (terminate). The Board also directed staff to form an Ad Hoc Committee of some Planning Board members and stakeholders in the beach chair and umbrella rental business and bring forward recommendations for clear guidance and enforcement of zoning rules related to beach chair and umbrella rentals.

On January 11, 2012 Town Staff, Planning Board member Marvin Demers met with several local businesses at Town Hall to discuss considerations for regulations and enforcement regarding the rental of beach chairs and umbrellas. The agenda, handouts and minutes from this meeting are attached for your review. Discussion covered Town goals from the 2010 Land Use Plan, expectations and concerns of businesses and representatives of the Village Association affected by the rules, as well as open discussion regarding advertisement, access, location of transaction, tips, keeping the beach clean, enforcement and public safety. Several agreements or points of consensus were reached by the participants:

Beach chair and umbrella rental is a necessary and minimum service of hotels and beach clubs that should be offered to visitors and is distinct from rentals to the general public.

The term “static line” shall be used in place of “first line of stable natural vegetation” when determining where transactions may occur as this is a defined line by the Division of Coastal

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Management which is easily located on available maps. Storage and rentals of equipment by hotels and the Village should only take place west of the static line.

Regulating beach chair and umbrella rentals via private business is outside the purview of this ordinance. The Town cannot regulate equipment purchased or rented from a private business outside of Town (ie: Ocean Atlantic Rentals, or other out of Town rental companies), nor should the Town try to regulate all “advertisement” type lettering on umbrellas that are being brought to the beach by the public.

Public Beach Access points shall be kept free and clear of all obstructions, lifeguards and other emergency personnel shall be empowered to move chairs and umbrellas if necessary.

If a vendor is in violation of the ordinance, immediate enforcement actions are acceptable.

Vendors offer benefits to the beach including trash pick-up and security, often times helping others nearby and offering insight and advice regarding beach and ocean conditions to make their time there more safe and enjoyable (temperature, tides, winds, etc.).

No equipment shall be left on the beach overnight. Storage of equipment both overnight and during business hours shall be limited to approved areas west of the static line. Pre-setup or reserving of space on the beach shall not be permitted.

Vendors can and should partner in educating the public on the rules and enforcement of this ordinance; provide materials at the front desk or convenient location for patrons of Hotels; and explain need to keep commercial activities off of the Nags Head beach.

Discussion also covered inequities that exist within the regulations. One being that outside businesses rent beach chairs and umbrellas (amongst other beach equipment) which often contain signage and advertisement on the equipment which the Town cannot control because the Town has no jurisdiction over their business permitting. Vendors operating out of local hotels or the beach club however, are not permitted any type of signage or advertisement on the equipment. Though this may be an inequity, it has historically been and currently is the Towns desire to prohibit commercialization of the beach. Participants in the discussion agreed that they would support the continued prohibition of signage on any beach chair and umbrella rented under this ordinance in association with an existing hotel or private club.

Another is that rentals are currently restricted to patrons of the Hotel in which the permit has been issued, or prior to lapse of the ordinance, members of the Village at Nags Head Property Owner Association only. Visitors on the beach who are not patrons of the Hotel or who are not members of the Village at Nags Head Property Owners Association cannot take advantage of the beach chair and umbrella rental service being offered by vendors associated with those permits. Those vendors should only rent to the clients/customers of the hotel or Club they are working for and from the locations permitted under this ordinance. Participants agreed that it is reasonable to assume that a patron of a hotel could easily conduct the necessary transaction for rental of equipment west of the static line, perhaps in the hotel lobby or at an approved location on their pool deck or private beach access. General public wishing to obtain/utilize such equipment will have to continue to seek other rental companies or retail stores within the Town to meet their needs, and hopefully this will support other local businesses.

The general feedback from the meeting was positive and likely opened communications to create better opportunities for clear and consistent ordinance implementation and more attentiveness and better efforts by the vendors to comply with adopted regulations. Based on the meeting, staff prepared an ordinance for Planning Board consideration which was discussed at their January 17th meeting and revised for Board of Commissioners consideration.

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Staff Recommendation

There are two ordinances provided below for your consideration, which are related but apply differently – the first to hotels within the CR District, and the second to the Village Bath House operated by the Village at Nags Head Property Owners Association and the Beach and Tennis Club operated by Club Corp. Staff would recommend adoption of both while appreciating any feedback, changes or revisions offered by the Board. The participating businesses and Village Beach Club asked that these rule changes be expedited so that they can begin preparation for the coming beach season.

Planning Board Recommendation

At their January 17, 2012 meeting the Planning Board voted unanimously to recommend adoption of the ordinance with clarifying language regarding the pick-up of loose trash and debris and the inclusion of the use at the Village at Nags Head Beach and Tennis Club in addition to the private beach bathhouse. Those recommended revisions have been incorporated into the attached ordinances.

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CR Hotel Ordinance

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I. That Section 48-405(c)(2)(t), Hotels as a Conditional Use within the CR, Commercial Residential Zoning District, be amended as follows:

t. Hotel sites may include the following accessory uses: fishing pier (with CAMA authorization), restaurant, indoor entertainment facility, indoor public assembly, retail, office and on-site rental of beach chairs and umbrellas provided that:

i. Storage of such items, overnight and during hours of operation shall be located westward of the first line of stable natural vegetation static line and shall not be visible from the beach.

ii. Beach chairs and umbrella’s to be placed upon the beach shall contain no commercial signage. Property identifiers such as initials and numbering shall be located on the interior or underside of any chair or umbrella. Any other signage shall not be visible from the beach.

iii. Placement of beach chairs and umbrella’s upon the beach shall not restrict or impede the flow of vehicular, pedestrian or emergency services traffic. All public access points shall be free and clear of all obstructions and rental equipment for a minimum distance of fifty feet (50’) in any direction.

iv. All exchange of money for rental transactions involved in the operation of this rental service, including tips, shall occur inside the principal structure, i.e. the hotel. or west of the static line.

v. Rentals shall be limited to hotel patrons.

vi. Under no circumstance shall beach chairs and umbrellas be left on the beach or be east of the static line overnight.

vii. At the close of business hours the beach upon which rentals occur shall be cleaned of all loose trash and debris.

viii. Beach chairs and umbrellas shall only be set up when requested by the customer, beach chairs and umbrellas shall not be pre-set.

ix. Emergency services personnel have the right to move beach chairs and umbrellas as necessary to ensure a clear line of sight for safety purposes.

x. Any violation of these regulations may result in any of the following actions:

a. Removal of equipment left on the beach overnight,

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b. Issuance of civil penalty pursuant to Town Code Section 1-6,or

c. Immediate revocation of the zoning permit.

PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART III. This ordinance shall be in full force and effect from and after the ___ day of ______, 2012.

Robert O. Oakes, Jr., Mayor

ATTEST:

Town Clerk


Town Attorney

Date adopted: Motion to adopt by Commissioner Motion seconded by Commissioner Vote: AYES NAYS

7

TOWN OF NAGS HEAD STATEMENT OF CONSISTENCY


BE IT HEREBY RESOLVED by the Board of Commissioners for the Town of Nags Head, that in accordance with provisions of North Carolina General Statute 160A-383, the Board of Commissioners hereby finds and determines that the adoption of the requested zoning text amendment to amend Town Code Section 48-405(c)(2)(t), Hotels as a Conditional Use within the CR, Commercial Residential Zoning District, to allow the rental of beach chairs and umbrellas as an accessory use to Hotels.

Is consistent with the goals, objectives and policies of the Town’s adopted Land Use Plan, and that this action is reasonable and in the public interest, and specifically, because it:

Limits commercialization of the beach; and

Provides a service to visitors in support of an economy based on family vacation tourism; and

Contributes to a well-maintained oceanfront beach that is accessible and useable.

Supports commercial services provided by locally owned and operated businesses.

(LUP p. 87 Vision Statement)

READ, APPROVED AND ADOPTED by a vote of _____ to _____, this February ______, 2012.

___________________________________ Robert O. Oakes Jr., Mayor

ATTEST:

__________________________ ____________________________________ Carolyn Morris, Town Clerk Cliff Ogburn, Town Manager

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Village Private Bathhouse, Beach Club Ordinance

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I. That Section 48-869 (b), Permitted Uses within the Recreation District, beamended as follows:

(2) The Village at Nags Head beach and tennis club.

Purpose—The Village at Nags Head Beach and Tennis Club would consist of a private club with facilities which may include a beach, swim and/or tennis center which may have the following facilities; including a swimming pool, sunbathing areas, club house, eating and drinking establishments, pro shops, bath and toilet facilities, tennis/squash/basketball courts, volleyball area or any other appropriate recreational activity. The onsite rental of beach chairs and umbrellas as permitted in subsection (4)(a) of this Chapter and limited to the property located at 5805 S. Seachase Drive.

(4) Village at Nags Head Private Beach Access and Bathhouse.

Purpose – The Village at Nags Head Private Beach Access and Bathhouse, located at 4929 S. Virginia Dare Trail shall consist of a private beach access for use by Village at Nags Head Property Owners Association members and their guests as well as the following:

(a) Onsite rental of beach chairs and umbrellas at the private beach bathhouse located at 4929 S. Virginia Dare Trail provided that:

i. Storage of such items, overnight and during hours of operation,shall be located westward of the first line of stable natural vegetation static line and shall not be visible from the beach.

ii. Beach chairs and umbrella’s to be placed upon the beach shall contain no commercial signage. Property identifiers such as initials and numbering shall be located on the interior or underside of any chair or umbrella. Any other signage shall not be visible from the beach.

iii. Placement of beach chairs and umbrella’s upon the beach shall not restrict or impede the flow of vehicular, pedestrian or emergency services traffic.

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iv. All exchange of monies transactions involved in the operation of this business shall be from within the principal structure, the bathhouse, a location west of the static line, online, with rental contract or at the Association management company’s location.

v. Signage related to the onsite rental of beach chairs and umbrellas shall not be visible from NC 12.

vi. Rentals shall be limited to members of the Village at Nags Head Property Owners Association and their guests only.

vii. Under no circumstance shall beach chairs and umbrellas be left on the beach or be east of the static line overnight.

viii. At the close of business hours the beach upon which rentals occur shall be cleaned of all loose trash and debris.

ix. Beach chairs and umbrellas shall only be set up when requested by the customer, beach chairs and umbrellas shall not be pre-set.

x. Emergency services personnel have the right to move beach chairs and umbrellas as necessary to ensure a clear line of sight for safety purposes.

xi. Any violation of these regulations may result in any of the following actions:

a. Removal of equipment left on the beach overnight,

b. Issuance of civil penalty pursuant to Town Code Section 1-6,or

c. Immediate revocation of the zoning permit.


PART III. This ordinance shall be in full force and effect from and after the ___ day of______, 2012.

Robert O. Oakes, Jr., Mayor ATTEST:

Town Clerk APPROVED AS TO FORM:

Town Attorney Date adopted: Motion to adopt by Commissioner Motion seconded by Commissioner Vote: AYES NAYS

10

TOWN OF NAGS HEAD STATEMENT OF CONSISTENCY


BE IT HEREBY RESOLVED by the Board of Commissioners for the Town of Nags Head, that in accordance with provisions of North Carolina General Statute 160A-383, the Board of Commissioners hereby finds and determines that the adoption of the requested zoning text amendment to amend Town Code Section 48-869 (b), Permitted Uses within the Recreation District to rental of beach chair and umbrellas at the private beach bathhouse operated by the Village at Nags Head Property Owners Association.

Is consistent with the goals, objectives and policies of the Town’s adopted Land Use Plan, and that this action is reasonable and in the public interest, and specifically, because it:

Limits commercialization of the beach; and

Provides a service to visitors in support of an economy based on family vacation tourism; and

Contributes to a well-maintained oceanfront beach that is accessible and useable.

Supports commercial services provided by locally owned and operated businesses.

(LUP p. 87 Vision Statement)

READ, APPROVED AND ADOPTED by a vote of _____ to _____, this February ______, 2012.

___________________________________ Robert O. Oakes Jr., Mayor

ATTEST:

__________________________ ____________________________________ Carolyn Morris, Town Clerk Cliff Ogburn, Town Manager



Item Title: Committee Reports

Item Summary:

At the March 7, 2012 Board of Commissioners meeting, Board members will provide reports from Committee meetings they have attended on behalf of the Town.


Provided for Board information and discussion.


No unbudgeted fiscal impact.


N/A


N/A


Agenda Item Summary Sheet Item No: 15

Meeting Date: March 7, 2012

Item Title: Consideration of Memorial Avenue Waterline Extension

Item Summary:

When the Board approved the (Bowman and Waid) subdivision of the property at 3311 S. Memorial Avenue on April 6, 2011, one of the conditions of approval was the provision of a 10-foot wide Utility Easement encompassing the existing ditch – which the property owner intended to culvert. During discussions at that meeting, staff was directed to investigate the feasibility of extending the existing waterline that currently dead-ends at 3306 S. Memorial to tie in with the stub-out on the north side of the intersection of Memorial Avenue and Bainbridge Street. This required a second easement – across the Atlantic Crest Townhomes property. The Town Attorney has determined that the town has the necessary easement to install the waterline across the Atlantic Crest property. The Town Engineer prepared and submitted a proposal for engineering design and an Opinion of Probable Cost. The total cost estimate, including the NC-DENR Public Water Supply Section’s permit, is $10,831.13.


Authorize the transfer of funds in the amount of $10,831.13 from Water Fund Retained Earnings to Water Distribution – Capital Outlay Other (818-577300) for the construction of the Memorial Avenue Waterline Tie-in. Also authorize staff to proceed with the design and construction of this tie-in.

Submitted By: Dave Clark, Public Works Director Date: February 28, 2012 Finance Officer Comment:

The total cost estimate, including the NC-DENR Public Water Supply Section permit, is $10,831.13. Funds are available in Water Retained Earnings for the design and construction of this waterline tie-in.


N/A


I concur with the request and will participate in the discussion.




Item Title: Consideration of lowering speed limit from 50 MPH to 45 MPH from Eighth Street south to Villa Dunes Drive on US 158

Item Summary:

Attached please find an ordinance amending the Town’s Traffic Control Map reducing the speed from 50 MPH to 45 MPH on US 158 from Eighth Street south to Villa Dunes Drive which is just past the Nags Head Elementary School.

The Town of Kill Devil Hills, at their recent meeting, voted in favor of this speed limit change. Please see attached letter from NCDOT.

With the Board’s concurrence and adoption of the attached ordinance, staff will work with NC DOT to affect this change. If approved, appropriate form, obtained from NCDOT, will be processed.


Provided for Board discussion and, if desired, adoption of attached Traffic Control Map ordinance.


If speed reduction from 50 MPH to 45 MPH in area designated is approved, approximately 9 signs will need to be modified at a total cost of $650.


The ordinance is satisfactory as to form. Although the speed limit change will not become effective unless and until approved by the DOT, it appears they will give it favorable consideration.


As you know, NCDOT has recently approved a reduction in the speed limit from Colington Drive in Kill Devil Hills south to the Nags Head town line from 50 to 45 mph. To reduce speed limit confusion for those driving from Kill Devil Hills into Nags Head and past the school zone in front of Nags Head Elementary, I am proposing that the reduced speed limit be extended past the town line and south to the intersection of US 158 and W. Villa Dunes Drive. This recommendation is solely based on providing a consistent speed limit.


Ordinance No. 12-03-XXX BOC Meeting March 7, 2012

ORDINANCE AMENDING THE NAGS HEAD TRAFFIC CONTROL MAP

SPEED LIMIT CHANGE ON US 158 FROM EIGHTH STREET SOUTH TO VILLA DUNES DRIVE

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Nags Head Traffic Control Map is hereby amended as follows:

PART I. That the 50 MPH speed limit be reduced to 45 MPH on US 158 from Eighth Street south to Villa Dunes Drive (just past Nags Head Elementary School)


PART III. This ordinance shall become effective upon notation being made on the Nags Head Traffic Control Map and the erection of appropriate signage.

This the 7th day of March 2012.

___________________________ Robert O. Oakes, Jr. Mayor

Town of Nags HeadATTEST:

___________________________Carolyn F. Morris, Town Clerk


______________________________John Leidy, Town Attorney

ADOPTED ___________

MOTION TO ADOPT BY: ________________________ SECONDED BY: ________________________ VOTE: ________ AYES _______ NOES



Item Title: Town Attorney John Leidy – Request for Closed Session for Board to confer with the Town Attorney regarding Cherry Inc. and Sansotta litigation IAW GS 143-318.11(a)(3)

Item Summary:

At the March 7th Board of Commissioners meeting, Town Attorney John Leidy will request a Closed Session for the Board to confer with the Town Attorney regarding the Cherry Inc. litigation and the Sansotta litigation in accordance with GS 143-318.11(a)(3).


Closed Session requested by Town Attorney discussion/update on litigation cases.




Closed Session requested to provide ongoing litigation updates.


N/A




Item Title: Comr. Renée Cahoon – Update on stormwater drainage projects

Item Summary:

Comr. Cahoon will request an update from staff on the Town’s stormwater drainage projects at the March 7th Board of Commissioners meeting.


Update provided for Board review and information.


I will comment as necessary during the discussion.


N/A


I will participate in the discussion.


WEDNESDAY, MARCH 7, 2012; 9:00 A.M. - FOCUS Advisory ...

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