Draft Nags Head Board Meeting Minutes
June 2, 2010
DRAFT
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
June 2, 2010
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, June 2, 2010.
COMRS PRESENT: Mayor Bob Oakes; Mayor Pro Tem Wayne Gray;
Comr. Doug Remaley; Comr. Anna Sadler; and Comr. Renée Cahoon
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Attorney Ben Gallop; Kevin Brinkley; Kevin Zorc; Kim Kenny; Dave Clark; Ralph Barile; Bonita Hurdle; Tim Wilson; Roberta Thuman; Chad Motz; 2010 Summer Lifeguards; Mark Edwards; Rick Lawrenson; John Ratzenberger; John Mascaro; Robert Muller; Harris Burton; Marvin Demers; Terry Evans; and Town Clerk Carolyn Morris
CALL TO ORDER/PRAYER/PLEDGE OF ALLEGIANCE
Mayor Oakes called the meeting to order at 9:00 a.m.
Pastor Rick Lawrenson, Nags Head Church, lead the meeting in prayer which was then followed by the Pledge of Allegiance.
RECOGNITION OF AUDIENCE MEMBERS
Mayor Oakes recognized former Mayor Bob Muller and recently retired employee Harris Burton in the audience.
ADOPTION OF AGENDA
MOTION: Comr. Remaley made a motion to adopt the June 2nd agenda as presented. The motion was seconded by Comr. Sadler which passed unanimously.
INTRODUCTION OF 2010 SUMMER LIFEGUARDS
Chad Motz, Ocean Rescue Captain, presented the 2010 summer lifeguards; each lifeguard introduced him/herself.
AUDIENCE RESPONSE - RICK LAWRENSON
Rick Lawrenson, Soundside Road and Pastor of Nags Head Church; he announced that this past Spring 2010 one of the two second floor wings at his church was completed and dedicated to teaching space for pre-school and elementary school children; Sunday, June 6, 2010 at 3:00 p.m. is Open House for this wing and he invited everyone to attend.
AUDIENCE RESPONSE - TERRY EVANS
Terry Evans; Sandpiper Terrace; spoke concerning beach nourishment funding; if the Town loses the beach, the tax rate will go up every year; he suggested the Board bite the bullet and raise taxes now.
RECOGNITION OF EMPLOYEES
Public Works Director Dave Clark recognized Sanitation Equipment Operator Harris Burton on his retirement who began work with the Town on February 2, 1979; Mr. Burton was congratulated and presented a plaque by Board members.
Fire Chief Kevin Zorc recognized Firefighter/EMT Mark Edwards on five (5) years of service with the Town; he was congratulated and presented a Certificate by Board members.
Town Manager Cliff Ogburn recognized Finance Officer Kim Kenny for recently having achieved certification as Certified Budget and Evaluation Officer; she was congratulated by Board members.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
Consideration of Budget Adjustment #12 to FY 09/10 Budget Ordinance
Consideration of Tax Adjustment Report
Approval of Minutes
Consideration of Interlocal Agreement between Town of Nags Head and Dare County for
storm debris pickup
Consideration of annual write-off of uncollectible water accounts
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Sadler which passed unanimously.
A copy of Budget Adjustment #12, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".
A copy of the Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "B".
The Interlocal Agreement between the Town of Nags Head and Dare County which will assist with a coordinated effort for storm debris pickup in the event of a natural disaster, as approved, is on file in the Town Clerk's office.
The annual write-off of uncollectible water accounts memo, as approved, read in part as follows:
"At this time it is requested that the BOC approve the write-off of all accounts currently considered to be uncollectible. A detailed list of these accounts is attached.
'The requested write-off (Grand Total) is $3324.15 for fiscal year 2009/2010. At this time the balance in allowance for doubtful accounts is $16,208.53, which is more than sufficient enough to cover the above requested write-offs.
'The requested write-off total for water accounts over $50.00 is $3010.44. Also attached is a list of accounts of $50.00 or less (included in grand total above) that will be written off in June 2010 in the amount of $313.71.
'As in the past, if circumstances should change for any of these accounts, every effort will be made to recover the bad debt."
PUBLIC HEARINGS
Public Hearing to consider zoning ordinance text amendments to various chapters of the Town Code establishing prohibitions on permitting for the continuation or repair of structures located on the public trust area, except for their removal from the public trust - from May 5, 2010 Board meeting
Town Attorney John Leidy announced the Public Hearing to consider a zoning ordinance amendment to establish prohibitions on permitting for either the continuation of or the repair of structures located in the public trust area open at 9:24 a.m. Attorney Leidy noted that the hearing was a product of discussion that the Board had at the May 5, 2010 Board meeting.
Attorney Leidy explained that under the Town's current ordinance - the nuisance section - those properties located in the public trust area can be declared a nuisance and the Town has certain authority to take action with respect to those properties. The current ordinance is pretty broad - for structures located wholly or partially in the public trust area; a number of cases have already been pursued by the Town; there are a number of structures located partly in the area which could be declared a nuisance according to the ordinance. He questioned how broad the Town needs to have its enforcement capability.
Attorney Leidy identified several categories from the proposed ordinance - 1) structure where any portion is located on the wet sand beach; 2) structure where any portion impedes emergency vehicles or pedestrian traffic on the beach; 3) those structures located wholly on the dry sand beach whether or not it impedes traffic on the beach; and 4) structures for which any portion is located on the dry sand beach.
Attorney Leidy wants the Board to consider the proposed ordinance but needs direction concerning the categories the Board wants to enforce.
John Ratzenberger, Nags Head resident; feels the Town is moving in the right direction; he feels the Town should have a survey done to determine the structures in the mean high water line prior to making a decision.
Comr. Cahoon pointed out that Part III - (a) (Section 48-123), paragraphs (1) and (2) of the ordinance contradict each other; Attorney Leidy is to look into this.
Mayor Oakes confirmed with Manager Ogburn that the homes being pursued for nuisance action are wholly or partially east of the mean high water line. Mayor Oakes said that he is most concerned about the portion of the ordinance that refers to the dry sand beach.
There being no one else present who wished to speak, Attorney Leidy concluded the Public Hearing at 10:00 a.m.
The Public Hearing was reopened at 10:00 a.m.
Marvin Demers, South Nags Head resident and Planning Board member; he stated that the proposed ordinance was generated re: permits for homeowners whose houses have been declared nuisances - it was not to redefine a nuisance or to elaborate more on the nuisance definition; there are many houses on the beach that somewhat extend into the public trust area - so that was the reason for narrowing down the ordinance to only those structures impeding traffic on the beach.
There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at 10:04 p.m.
Comr. Sadler said that her purpose is to help people keep their homes as long as possible; if there is a home wholly in the public trust area (wet sand beach only), then it is time to stop issuing permits; she said that this would be all that she could support.
Comr. Remaley said that he would like to rely on/leave the decision up to the Town Manager.
Mayor Oakes confirmed with the Town Attorney that the ordinance would require a zoning permit prior to issuance of a septic permit by the Health Dept.
It was Board consensus that Town Attorney John Leidy provide a revised ordinance that is more conservative and includes the requirement that the structure be wholly or partially on the wet sand beach, i.e. that the trigger for Town enforcement of a declaration of a nuisance structure be if the structure is wholly or partly on the wet sand beach. Town Manager Ogburn is to provide detailed information concerning definition of the mean high water line.
Public Hearing to consider citizen comment on FY 10/11 proposed Town Operating Budget
- Discussion and possible adoption of FY 10/11 Operating Budget
Mayor Oakes opened the Public Hearing to consider comments on the FY 10/11 proposed Town Operating Budget at 10:30 a.m.
John Mascaro, Nags Head resident; his main concern is the personnel portion of the proposed budget; the Fire Dept. budget should be increased to allow them to hire personnel they need; he also feels frozen positions should be unfrozen and the Fire Marshal position should be filled; he has 25 years in the fire service and believes strongly those positions should be filled to make sure there is enough manpower at all times.
Bob Muller, Nags Head resident and former Nags Head Mayor; he distributed a handout to Board members concerning the Town's Septic Loan Program; he supports a .01 tax increase; he also supports the reinstatement of the Septic Loan Program - which he stated was designed to have no impact on the Town's budget; there has never been a default in this program which provides a much needed and much appreciated service for Town residents; he asked that the water quality testing program funding be included in the proposed budget; he thanked the Board for their hard work and for their service to the Town.
There being no one else present who wished to speak, Mayor Oakes announced the Public Hearing closed at 10:40 a.m.
It was pointed out that the proposed budget does not include water quality testing as it relies on the Coastal Studies Institute (CSI) and State testing.
Board members spoke in favor of further discussion of reinstatement of the Septic Health Loan Program but did not wish to reinstate the employee computer loan program which was brought forward by Town Manager Ogburn.
In response to an inquiry by Mayor Oakes, Town Manager Ogburn is to find out which septic tanks in the Town that have been replaced through the Septic Loan Program were sand-bottom tanks. The Septic Health program to include the loan program and the water quality testing is to be included for discussion at the June 16th mid-month meeting.
Budget Workshop
The Board scheduled a FY 10/11 Budget Workshop for Tuesday, June 8, 2010 at 7:00 p.m. in the Board Room.
OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS
Discussion of remaining costs associated with the Town Beach Nourishment Project - Information provided by Coastal Science and Engineering (CS&E) - from May 19, 2010 Board meeting
Town Manager Ogburn summarized the recently received CS&E report concerning remaining costs associated with the Town's beach nourishment project. He noted that the Town is almost at the end of the CS&E line item.
In response to Comr. Cahoon, Town Manager Ogburn explained that the CS&E Environmental Impact Statement (EIS) is now in the hands of the Corps of Engineers (COE) but not yet in the Federal Register.
The CS&E report and additional project funding is to be included on the June 16th mid-month meeting agenda.
In response to Mayor Oakes, Manager Ogburn stated that the EIS should be on the Federal Register within the next couple of months and after a period of review on the Register, the COE then issues the Federal Permit.
A monthly summary of tasks from Tim Kana of CS&E was requested - prior to the June 16th mid-month meeting.
NEW BUSINESS
Committee Reports
Jennette's Pier Advisory Committee - Comr. Sadler discussed the concerns she brought forward at the recent Jennette's Pier Advisory Committee meeting: there have been no issues with trespassing on the construction site; if work is excessive during the week, employees may stop work at noon on Friday and not work on weekends - but this rarely happens; there is some security on site; there is no possibility of a beach access on the property this summer; reports are that the construction is ahead of schedule; an opening date of May 21, 2011 for the pier is being projected.
Comr. Sadler pointed out that the crew will begin taking the pilings down and there will be vibrations when close to the shore which should occur near the end of June through the first couple of weeks in July.
Report from Town's 50th Birthday Committee
John Ratzenberger, Chair of the Town's 50th Birthday Committee; he updated the Board on the Committee's first meeting held last week. He stated that today he wanted to provide the general concept of operations; he asked for the Board's blessing or guidance as needed: