Nags Head Board Meeting Minutes
April 19, 2006; 7:30 p.m.
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
ADJOURNED REGULAR SESSION
April 19, 2006; 7:30 p.m.
The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 7:30 p.m. on Wednesday, April 19, 2006.
COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler; Comr. Wayne Gray;
Comr. Bob Oakes; and Comr. Doug Remaley
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Seth Lawless; Town Attorney Ike McRee; Deputy Police Chief Wayne Byrum; Dave Clark; Kim Kenny; Tim Wilson; Andy Garman; Jack Sandberg; Bob Muller; Josh Whitley; Sybil Ross; Tim Geraghty; David Deel; Teresa Stanley; Gail Leonard; Webb Fuller; George Moore; Roc Sansotta; H. Sliwila; Jennifer Frost; Woody Collins; Yogi Harper; Pogie Worsley; and Town Clerk Carolyn Morris
Mayor Cahoon called the meeting to order at 7:30 p.m.
AUDIENCE RESPONSE
Town Attorney Ike McRee announced Audience Response open.
Archie Mann, native of the Outer Banks; he questioned what the Board can do about the abandoned, rusted vehicles sitting on the side of the Beach Road. Mayor Pro Tem Sadler clarified with Mr. Mann that the vehicles are not on private property but within the right-of-way.
There being no one else present who wished to speak, Town Attorney Ike McRee announced Audience Response closed.
Mayor Cahoon explained to Mr. Mann that Public Safety Director/Police Chief Charlie Cameron would get in touch with him concerning the abandoned vehicles.
Consideration of revised site plan/conditional use/vested right application from The Links Group, LLC, owners, to develop Lots 2, 3, and 4 of the ILEX Subdivision and Lot 40 of the Nags Head Pond Subdivision with a group development consisting of office, retail, and restaurant units - from April 5, 2006 Board meeting
Planner Andy Garman summarized the Planning and Development Staff memo dated April 12, 2006 which read in part as follows:
"For your review and consideration are the revised plans for the South Beach Plaza group development project that was discussed at the April 5, 2006 Board of Commissioners meeting. As you recall, the Board’s action on this item, in accordance with revised ordinances related to lot fill and the use of bulkheads to retain fill, required the applicant to revise their proposal to remove the bulkhead structures located along the north and south property lines.
'As you will see on the attached site plan, the bulkheads have been removed and the finished grade has been lowered approximately one foot in these areas. Staff has identified no other changes to the site plan that were required to accommodate the removal of the bulkhead structures. The building footprints and parking areas remain unchanged. At the time of this Staff report, the Town Engineer was reviewing this site plan since these changes would have an impact on the previously approved stormwater plan. If the Town Engineer finds that the revised grading plan meets the Town’s stormwater and lot fill requirements, Staff would find that this project is in accordance with all applicable Town regulations. Staff will update the Board on the Town Engineer’s findings at the April 19th meeting."
Mr. Garman reported that the Planning Board on February 21, 2006 voted to recommend conditional approval of the site plan provided that all staff conditions have been addressed prior to Board review.
Comr. Remaley clarified with Mr. Garman that no new conditions were added.
Mayor Pro Tem Sadler confirmed with staff that the applicant still met the stormwater retention requirements.
MOTION: Comr. Gray made a motion to make the following findings of fact:
- That the applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.
- That the use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.
- That the use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town.
And to approve the site plan from The Links Group for South Beach Plaza at Nags Head Pond Subdivision with the following staff recommendations:
- That interior lighting plans for the two proposed restaurant buildings be submitted and approved prior to the issuance of a building permit.
- That a NC DENR high density stormwater permit be obtained for this site prior to the issuance of a building permit.
- That all four lots comprising this site be combined prior to the issuance of a building permit.
- That a NC DOT encroachment agreement be obtained prior to the issuance of a building permit.
The motion was seconded by Comr. Remaley which passed unanimously.
Discussion and update on beach nourishment projects/funding
Coastal Science Engineering - Project Director Tim Kana and Engineer Bill Forman were in attendance to provide updated cost estimates for the S1 Borrow Area sand pumping project and the Oregon Inlet Emergency Nourishment 933 sand pumping project.
S1 project - approx. 4 million cy of sand - $30,058,159
933 Project - approx. 12 million cy of sand - $105,944,814
S1 Borrow area sand pumping project
Project Director Tim Kana summarized the scope of the project for Nags Head and stated that the S1 borrow area is a great match for the sand on the beach; the EIS was prepared to be consistent with the Corps of Engineers EIS.
Oregon Inlet 933 pumping project
Engineer Bill Forman summarized the scope of the 933 project indicating that the sand obtained would not be a great match and would cost considerably more than utilizing the S1 borrow area.
Town Beach Nourishment Committee - Annette Ratzenberger, Town Beach Nourishment Committee member, presented four (4) financing scenarios/models for Board consideration.
The Committee’s presentation was entitled Financing Recommendations; Nags Head Beach Nourishment Committee; the cost is estimated at $30,000,000 and the biggest benefit is the continued recreational use of the beach which benefits everyone; four (4) scenarios were summarized by Ms. Ratzenberger and costs presented were per year and for five years as clarified by Mayor Cahoon.
On behalf of the Board, Mayor Cahoon thanked all of the Committee members for their work.
Recommendation from the Committee is Scenario #1 which was also the original recommendation by the Committee. Scenario #1 splits the cost 50% to properties east of Hwy 12 and 1243 in the project area, 25% Town, 25% Dare County.
In response to Mayor Pro Tem Sadler as to why Scenario #1 is the choice of the Committee, Ms. Ratzenberger stated that it places the highest burden on the oceanside property owners as they receive the greatest benefit.
It was Board consensus to take the next two (2) weeks to evaluate the options and to take a final vote on beach nourishment at the May 3, 2006 Board meeting.
Consideration of request to close Turnstone Avenue - North Avon Condo Group
Town Attorney Ike McRee summarized his letter dated April 12, 2006 which read in part as follows:
"Attached please find a letter from attorney Michael Casey requesting that the Board withdraw a section of Turnstone Avenue on behalf of his client, North Avon Condo Group.
'If Mr. Casey’s request is approved by the Board, in accordance with NCGS 160A-299, a resolution declaring the Board’s intent to consider the permanent closing of a portion of Turnstone Avenue is to be adopted scheduling a Public Hearing for the June 2006 Board meeting after appropriate public notice.
'Attached please find the following:
- Letter with from Michael Casey requesting the closing/withdrawal of Turnstone Avenue
- Resolution declaring the Board’s intent to consider the permanent closing of a portion of Turnstone Avenue
- Map of Turnstone Avenue area
- NCGS 160A-299. Procedure for permanently closing streets and alleys
'The process as identified in the Statutes is as follows:
- Adoption of resolution declaring the Board’s intent and scheduling a public hearing;
- Advertisement for public hearing to be published for four (4) successive weeks;
- Notice of the public hearing to be posted on Turnstone Avenue in two (2) places;
- Notice of the public hearing to be mailed certified or registered to surrounding property owners;
- Board may take action at the Public Hearing"
Town Manager Seth Lawless suggested that the Board may want to approve the project in two (2) phases by closing the northern portion so the petitioner can proceed and looking at the southern portion of Turnstone some other time.
MOTION: Comr. Oakes made a motion to adopt the Resolution of Intent as presented to consider the permanent closing of a portion of Turnstone Avenue as the closing would not deprive any property owner of a reasonable means of ingress and egress to his/her property; appropriate notice of the Public Hearing is to be given pursuant to GS 160A-299 and will be held at the Board's regular meeting at 9:00 a.m. on June 7, 2006. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.
The Resolution of Intent, as adopted, read in part as follows:
“A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF NAGS HEAD DECLARING ITS INTENTION TO CONSIDER THE PERMANENT CLOSING OF A PORTION OF TURNSTONE AVENUE
‘The Board of Commissioners of the Town of Nags Head, North Carolina, does hereby adopt the following resolution:
‘BE IT RESOLVED, that the Board of Commissioners of the Town of Nags Head hereby declares its intention to consider the permanent closing of that portion of Turnstone Avenue described as follows:
‘All that portion of Turnstone Avenue identified as Parcel 1: Being Lots 8 & 9, Block 12, Lot 10 and South 19.94' of Lot 9, Block 19, and a portion of Turnstone Ave., Whalebone Beaches MB. 2, PG 203, Dare County Registry; and Parcel 2: Being Lots 1 - 3 & 7 - 9, Block 11, Lots 1 - 4, Block 20, and a portion of Turnstone Ave., Whalebone Beaches, MB. 2, Pg. 203, Dare County Registry.
‘WHEREAS, the portion of Turnstone Avenue described hereinabove was accepted as a portion of the Town of Nags Head roadway system; AND
‘WHEREAS, the portion of Turnstone Avenue proposed to be permanently closed would not deprive any property owner of a reasonable means of ingress and egress to his or her property by virtue of the closing of the portion of Turnstone Avenue described above.
‘NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Nags Head hereby declares its intention to consider the permanent closing of that portion of Turnstone Avenue described above and that appropriate notice of Public Hearing of this matter be given pursuant to Section 160A-299 of the North Carolina General Statutes, and that the Public Hearing be held at the Board’s regular meeting at 9:00 a.m. on the 7th day of June 2006."
First Annual OBX Marathon - Director Webb Fuller
Webb Fuller, Director of the First Annual OBX Marathon explained that the Marathon is scheduled for November 2006 and is expected to be the largest annual event to occur on the Outer Banks. In order for the event to be successful, several things have to take place, i.e., support from the Towns, the County, the State, and the Federal Government. One of his jobs is to make sure all proper procedures are followed. He noted that the off-site advertising signage is in conflict with the Town's outdoor crowd gathering procedures/ordinance.
It was Board consensus that staff provide proposed ordinance modifications that would allow for appropriate off-site signage for large events, such as the OBX Marathon, as well as provide a list of other types of events that the off-site signage would benefit.
Interfaith Community Outreach - Chairperson Teresa Stanley
Interfaith Community Outreach Chairperson Teresa Stanley and Vice-Chairperson Gail Leonard spoke to Board members about the Interfaith Community Outreach organization. The organization provides emergency gap service to families in need such as with rental/mortgage assistance, prescriptions/medical needs, etc. The beneficiaries of the organization are the residents of the Outer Banks. Ms. Stanley explained that the organization works with other community organizations such as Dare County Social Services and Hotline and they make strong efforts to verify that there are no duplication of services.
Ms. Stanley asked the Board to consider waiving permit fees for building permits and for water re-connections.
Mayor Pro Tem Sadler clarified with Ms. Stanley that the bulk of their financial resources comes from religious congregations as well as from a community enhancement grant with Dare County helping with disaster response collaboration.
Comr. Oakes commented that the ICO organization took the place of the DVAC which worked as a clearing house for volunteers after Hurricane Katrina. He emphasized that the ICO organization has done a masterful job of filling an important need in Dare County.
Board members thanked Ms. Stanley and Ms. Leonard for their presentation.
Consideration of request for extension from Atlantic Taxi Cab owner Josh Whitley
Deputy Police Chief Wayne Byrum summarized the agenda summary sheet which read in part as follows:
"At the March 1, 2006 Board of Commissioners meeting, Josh Whitley requested a Certificate of Public Convenience and Necessity for Atlantic Cab. The Board voted in favor of Mr. Whitley's request. Section 46-78 of the Town Code states that if operations fail to begin within 30 days after issuance of the Certificate, then the Certificate is null and void. However, the Board may waive this section of the Town Code and allow Mr. Whitley to begin his business after such time if desired.