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DRAFT TOWN OF NAGS HEADBOARD OF COMMISSIONERS

REGULAR SESSIONApril 9, 2008

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 9:00 a.m. on Wednesday, April 9, 2008.

COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler; Comr. Wayne Gray; Comr. Doug Remaley and Comr. Bob Oakes

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Charlie Cameron; Deputy Town Manager Bill Richardson; Town Attorney Ike McRee; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; John Kenny; Tim Wilson; Bruce Bortz; Kelly Wyatt; Ed Taliaferro; Ronald Keating; Raymond Pate; Dave Masters; Sean How; Zachary Kenny; Elaine Smith; Thomas Sprague; Roc Sansotta; Robert J. Healy; Bobby Outten; Mike Kelly; Beth Tolliver; John Gaw; and Town Clerk Carolyn Morris

CALL TO ORDER

Mayor Cahoon called the meeting to order at 9:00 a.m.

MOMENT OF SILENT MEDITATION AND PLEDGE OF ALLEGIANCE

A moment of silent meditation was followed by the Pledge of Allegiance.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the agenda with the following amendments:

- Move item #11 entitled: "Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-133, Application of Commercial Design Standards, to reduce the dollar value of work, expressed as a percentage of total appraised building value, triggering compliance of nonconforming structures with commercial architectural design standards" for discussion after item #14, and

- Move the Report on Government Access Channel to the first position on the agenda.

The motion was seconded by Comr. Oakes which passed unanimously.

Draft Nags Head Board Meeting MinutesApril 9, 2008

Comr. Remaley and Dare County Attorney Bobby Outten - Report on Government Access Channel (GAC)

The memo from Comr. Remaley was presented to the Board and read in part as follows:

"There are four items to be considered in reference to the Government Access Channel (GAC). 1. Fiscal Year 2008-2009 Budget 2. Fiscal Year 2007-2008 Budget Amendment 3. Proposed GAC Committee Restructuring 4. Pooling of Member Funds Received by the State

'FY 2008-2009 BudgetThe Inter-local Agreement that governs the Government Access Channel states that the GAC Committee must approve a budget by the end of February and that each member’s council or board must approve that budget by the end of April. The proposed budget is included with this memo.

'Fiscal Year 2007-2008 Budget AmendmentThe second item included is a $4,365 budget amendment to the 2007-2008 budget. The amendment allows funds to be appropriated from the GAC committee fund to match an e-NC grant for purchase of equipment. Two cameras and accessories will be purchased with the grant funding for use in the Channel 20 studio and for use in a possible scenario involving students and the education channel. The amendment is attached.

'Proposed GAC Committee Restructuring and Pooling of Member Funds Received by the State The third and fourth items concern a restructuring of the committee to include a representative from the Dare County School Board and a recommendation to pool funds received from the state. The GAC Committee recommends that each member community pool public, educational, governmental (commonly called PEG) funds received from the state. Those funds are restricted for government channel or education channel use. The committee believes the funds would be more effective as a whole than if they were used individually by each member. The addition of the school board representative is a part of an effort to join the administration of the education channel and the government channel. The committee believes this would be beneficial to both channels since efforts and equipment would not have to be duplicated for each channel. If all of the member communities agree to allow the merging of operations, a new inter-local agreement would be drafted to govern both channels. That inter-local agreement would later need to be approved and signed by all members.

'Bobby Outten will relay the information regarding items three and four in his presentation."

Pooling of Member Funds received by the State - Dare County Attorney Bobby Outten

Dare County Attorney Bobby Outten explained that the State has a pool of money to be divided among local governments as determined by the number of Public Education Government (PEG) channels, i.e., Channels 19 and 20. Over the course of a year, all governments and the School Board will receive approximately $150,000 with Nags Head receiving approximately 1/8 share. He explained that the money cannot replace a line item

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in the budget and can only be used for public access channel purposes. He asked for Board concurrence to pool the funds into the Government Access Channel Committee to benefit all the participants and not just one specific entity. Mr. Outten stated that one suggestion for use of the funds was to hire a full-time staff person for the Committee/Channel scheduling.

Proposed GAC Committee Restructuring - Dare County Attorney Bobby Outten

On behalf of the Channel 20 Committee, Mr. Outten requested concurrence to provide the School Board a seat on the Committee.

It was Board consensus to agree to proposals to include the School Board on the Government Access Channel Committee and to agree to pool the funds into the Channel Committee for the benefit of all participating entities.

Approval of FY 08/09 GAC Budget and Budget Amendment - Comr. Doug Remaley

MOTION: Comr. Remaley made a motion to adopt the proposed and amended FY 08/09 Budget as presented. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

Mr. Outten explained that the proposed/amended budget as presented does not include the pooling of funds as discussed but an amendment will be submitted for review/approval when finalized.

CONTINUATION OF MOTION: The motion passed unanimously.

The GAC Budget and amended GAC Budget for FY 08/09 is attached to and made a part of these minutes as shown in Addendum “A”.

AUDIENCE RESPONSE

Town Attorney Ike McRee opened Audience Response.

AUDIENCE RESPONSE - RON KEATING

Ron Keating, Woodbridge, Virginia and Carolinian Circle property owner; he is trying to build a home on Carolinian Circle and is not happy about how the Town did business concerning approval of Carolinian Circle; he would like the Town to release his building permit so he can build his house; he is tired of weeks without any response from the Town.

AUDIENCE RESPONSE - RAYMOND PATE

Raymond Pate, Nags Head resident and Carolinian Circle property owner; he is upset about a letter he received from the Town Attorney; he received a declaration of withdrawal confirmation in the attorney's letter; he is concerned that the Town is using State funds to maintain a Town road.

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AUDIENCE RESPONSE - MIKE KELLY

Mike Kelly, Nags Head resident and business owner in Nags Head; he thanked the Board for their support of the Kelly’s St. Patrick's Day Parade; he specifically thanked Town staff for their help; he also noted that the evaluation of the parade with Town staff is to be scheduled for late April.

AUDIENCE RESPONSE - MIKE KELLY

Mike Kelly, Nags Head resident and business owner in Nags Head; he provided notes in a worksheet entitled "Items of Consideration for US 158 Multi-Use Path Carolinian Circle to Hollowell Street"; he summarized his worksheet with Board members which included the following topics: Plan a significant segment; Keep the separation adequate between US 158 and the path; Keep the road shoulders without curb/gutter; Prepare for citizen and visitor use; Use pervious/porous path materials; and Encourage adjacent property owners to irrigate the green spaces on both sides of the path – Mr. Kelly asked anyone interested to please contact him and he would be happy to discuss his ideas.

AUDIENCE RESPONSE - ELAINE SMITH

Elaine Smith, president of Nags Head Pond Property Owner's Association; she reviewed her recent letter to Mayor Cahoon re: Nags Head Pond neighborhood issues with several Kelly’s Restaurant events: St. Patrick's Day Parade, adult Easter egg hunt, and the First Flight Cruisers antique car event; there were many traffic hazards during the antique car event with a lot of visitors parked on both sides of Oak Knoll Drive – the entry drive into the Nags Head Pond Subdivision; she questioned why there was not some type of traffic supervision for directing traffic and she questioned how this situation could be taken care of for future events.

AUDIENCE RESPONSE - BETH TOLLIVER

Beth Tolliver, Kill Devil Hills wrecking company representative; she requested that the Town’s towing policy be changed to add to the total number of wrecking companies – the policy was last adopted in 2004; she stated that she spoke with the Police Division who responded positively to increasing the number of wrecking companies; she stated that the number of companies on the list has not increased even though the Town’s year-round and tourist populations have considerably increased.

Mayor Cahoon stated that responses to questions/inquiries during today’s Audience Response would be addressed by the Board under “Other Business” later in today's meeting.

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RECOGNITION OF TOWN EMPLOYEE

On behalf of the Board, Mayor Cahoon presented a plaque to Finance Officer Kim Kenny commending her on successfully completing the required courses to achieve the Certified Local Government Finance Officer distinction. Mayor Cahoon expressed her and the Board's appreciation of the job that Ms. Kenny has done for the Town.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

Consideration of Budget Adjustment #8 to FY 07/08 Budget Ordinance

Consideration of Tax Adjustment Report

Approval of Minutes

Consideration of Proclamation declaring April as Child Abuse Prevention Month

Consideration of Proclamation declaring 2008 Spring Litter Sweep

Consideration of lease/purchase resolution for current year capital financing

Request for Public Hearing to consider application for Certificate of Public Convenience and Necessity from Outer Banks Limousine and Taxi

Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-133, Application of Commercial Design Standards, to reduce the dollar value of work, expressed as a percentage of total appraised building value, triggering compliance of nonconforming structures with commercial architectural design standards

Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-371(g), Commercial Design Standards, Open Space, Preservation and Landscaping Requirements, to exempt all development within the C-3, Commercial Services Zoning District from open space/landscaping requirements and to no longer allow plantings used to comply with required site buffering to be fully applied towards satisfying the site landscaping requirements of the Town Code

Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-123, Nonconforming structure with conforming use, exemption of single family dwelling uses destroyed by accidental loss

MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. (Comr. Oakes reminded Board members that item #11 concerning reducing the dollar value of work and triggering compliance of nonconforming structures with commercial architectural design standards was removed during Adoption of the Agenda.) The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

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The Budget adjustment, as adopted, is attached to and made a part of these minutes as shown in Addendum "B".

The Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "C".

The Proclamation concerning Child Abuse Prevention Month, as adopted, read in part as follows:

"TOWN OF NAGS HEAD CHILD ABUSE PREVENTION MONTH 2008 A PROCLAMATION

'WHEREAS, child maltreatment is a community problem and finding solutions depends on involvement among people throughout the community; AND

'WHEREAS, over 100,000 children are reported as abused and neglected in North Carolina each year; AND

'WHEREAS, 34 children were victims of child abuse homicide in North Carolina during the year 2006; AND

'WHEREAS, in 2007 Dare County Child Protective Services investigated 251 reports of child abuse, neglect and dependency, involving 485 children; AND

'WHEREAS, the effects of child abuse are felt by whole communities, and need to be addressed by the entire community; AND

'WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious and civic organizations, law enforcement agencies, and the business community; AND

'WHEREAS, all citizens should become more involved in supporting families in raising their children in a safe, nurturing environment.

'WE, the Board of Commissioners of the Town of Nags Head, do hereby proclaim April 2008 as Child Abuse Prevention Month and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to support families thereby preventing child abuse and strengthening the communities in which we live.

The Proclamation concerning Spring Litter Sweep, as adopted, read in part as follows:

"2008 SPRING LITTER SWEEP PROCLAMATION

'WHEREAS, the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; AND

'WHEREAS, the spring 2008 "LITTER SWEEP" roadside cleanup will take place April 19 - May 3, 2008 and encourages local governments and communities, civic and professional groups,

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businesses, churches, schools, families and individual citizens to participate in the DOT cleanup by sponsoring and organizing local roadside cleanups; AND

'WHEREAS, Adopt-A-Highway volunteers, DOT employees, Dept of Correction inmates and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct annual local cleanups during "LITTER SWEEP"; AND

'WHEREAS, the great natural beauty of our Town and a clean environment are sources of great pride for all residents, attracting tourists and aiding in recruiting new businesses; AND

'WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; AND

'WHEREAS, the 2008 spring cleanup will celebrate the 20th anniversary of the NC Adopt-A-Highway program and its 6,000 volunteer groups that donate their labor and time year round to keep our roadsides clean; AND

'WHEREAS, the "LITTER SWEEP" cleanup will be a part of educating children regarding the importance of a clean environment to the quality of life in North Carolina.

'NOW, THEREFORE, the Nags Head Board of Commissioners does hereby proclaim April 19 - May 3, 2008 as spring "LITTER SWEEP" time in Nags Head and encourages citizens to take an active role in making their community cleaner."

The lease/purchase resolution, as adopted, read in part as follows:

"RESOLUTION AUTHORIZING LEASE/PURCHASE OF CAPITAL ITEMS

'WHEREAS, the Board of Commissioners approved within the budget financing the purchase of replacement vehicles and equipment in various Town departments; AND

'WHEREAS, the Town of Nags Head through its Mayor, with the consent and approval of the Board of Commissioners, has entered into a contract with RBC Centura for the purchase of capital items to include:

'Public Works Sanitation automated refuse truckPublic Works Sanitation pickup truckPublic Works Administration pickup truckPublic Works Facilities Maintenance pickup truck

'WHEREAS, the said contract, bearing the date April 18, 2008 qualifies as a tax-exempt obligation of the Town, pursuant to the Internal Revenue Code of 1986.

'NOW, THEREFORE BE IT RESOLVED, that the Nags Head Board of Commissioners authorizes the aforesaid contract, bearing the date April 18, 2008 by and between the Town of Nags Head and RBC Centura together with the amount to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986."

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PUBLIC HEARINGS

Public Hearing to consider proposed amendments to Town Code Section 48-282, General Regulations, Signs and Outdoor Advertising Structures for mobile outdoor advertising signs

Town Attorney Ike McRee introduced the Public Hearing concerning proposed amendments to the Town Code for mobile outdoor advertising signs. He announced the Public Hearing open at 10:00 a.m.

Deputy Planning Director Bruce Bortz summarized his memo which read in part as follows:

"Attached is a proposed zoning ordinance amendment initiated by Mr. Sean Howe of Coastal Marketing, LLC. On December 7, 2007, Coastal Mobile Marketing LLC was issued a notice of violation for operating a truck that utilized mobile outdoor advertising signs. A copy of that Notice of Violation is attached.

'Mr. Howe is requesting to amend the Town’s Zoning Ordinance to allow mobile outdoor advertising signs. Mobile outdoor advertising signs are any sign placed upon, applied to the surface of, or attached to a motorized vehicle or towed trailer driven on a public street, when such vehicle or trailer is (1) not used primarily for the transportation of passengers for hire or goods, or (2) not designed for the transportation of passengers for hire or goods.

'Staff has reviewed this request and has determined that this request for mobile outdoor advertising structures violates at least three sections of the Town Code of Ordinances in that (1) Section 48-282(6) a Prohibited signs. This section prohibits any sign in the public right-of-way except for street identification signs and official traffic control signs; (2) Section 48-282(6) d. This section prohibits signs which contain rotating sign panels; and (3) Section 48-282(6) i. This section prohibits outdoor advertising signs or structures, specifically off premises signs.

'The Town has a long history of prohibiting outdoor advertising signs and structures and has vigorously pursued the enforcement of the sign ordinance and especially off premise signs. In 1981 the town's regulation of off premise signs was challenged by R.O. Givens, Inc. In an opinion issued on March 30, 1982 the North Carolina Court of Appeals affirmed the town's ordinance regulating off-premises signs holding that:

1. the off premises advertising restriction is within the police power of municipal government. Citing a U.S. Supreme Court case, Metromedia, Inc. v. San Diego, the court noted that an ordinance similar to the town's was held valid and that aesthetics constitute a legitimate consideration in the exercise of off premise sign regulation; 2. the town's off premises advertising restriction did not unconstitutionally restrict free speech as the ordinance imposes constitutional time, place and manner restrictions only and does not infringe on First Amendment rights; and

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3. the town's prohibition of off-premises commercial signs, whilepermitting on-premises signs, did not violate equal protection and noted that the U.S. Supreme Court had held that a town's legitimate interests could reasonably have been found to outweigh one classification of private interest, but not another.

'Traffic and traffic congestion on US 158 and NC 12 has been a complaint among visitors and residents. In developing the 2000 Land and Water Use Plan, a citizen’s survey was mailed to all property owners in Nags Head. On that survey there was one question (question 120) where respondents were asked what they liked least about Nags Head. Traffic was the highest ranked complaint about Nags Head. North Carolina DOT does traffic studies to determine annual average daily traffic. In 2006, the average annual traffic count at the Kill Devil Hills Post Office was 34,000. For comparative purposes the average annual traffic counts for Point Harbor (US-158) was 20,000, Currituck 12,000 and US 17-in Elizabeth City 17,000. These are average annual traffic counts-not peak traffic flow that we see in the summer.

'Additional information about the use of mobile signs is contained on the applicant’s web site http://www.coastalmobilemarketing.com/

'Staff RecommendationStaff recommends denial based upon the three sections of the Zoning Ordinance cited above and that such a use if allowed would detract from the surrounding visual environment and contribute to traffic safety problems. The Outdoor Advertising Control Act established under GS 136-126 gives the Town the authority to regulate outdoor advertising and the Town has exercised that authority (see highlighted case note). The adoption of this amendment would be an absolute reversal of the town’s longstanding policy prohibiting off premise advertisement, and would additionally jeopardize the Town’s ability to regulate off site (off premises) signs of any type or form. For the reasons noted above, staff recommends denial.

'Planning Board recommendationThe Planning Board at their February 19, 2008 meeting voted unanimously (5/0) to recommend denial of the proposed ordinance."

Town Attorney Ike McRee confirmed that the Board had no questions at this time.

Attorney John Gaw represented the applicant; he stated that his client advertises on the display board that scrolls with signs from third-party businesses; he advised his client to not scroll messages in the Town of Nags Head; there is advertising off-premises in the Town everywhere such as in radio messages, plane messages, etc.; he is not challenging the Town's authority in regulating off-premise signs; he mentioned the Robin Givens' billboard case some years ago; the proposed ordinance restricts signs to where the most commercial zones are located; he respectfully asked for the Board's adoption of the proposed ordinance.

There being no one else present who wished to speak, Town Attorney McRee declared the Public Hearing closed at 10:20 a.m.

In response to Comr. Oakes, Mr. McRee explained that all signs in one classification should be treated in the same way; in response to Comr. Gray, Mr. McRee explained that certain

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truck signs are permitted; in response to Mayor Cahoon, Mr. McRee explained that trucks parked in front of businesses with advertising are actively being pursued by the Town with notices of violation.

Mayor Cahoon stated that she sees the distinction between a truck with a moving billboard and delivery truck advertising.

Planning Director Wilson explained that a violation occurs when a vehicle becomes the principal advertising structure. A vehicle should not be parked adjacent to the right-of-way which essentially becomes a free-standing sign for the business.

Mayor Cahoon explained that delivery trucks are delivering merchandise to/from a location and advertising for a specific business; Mr. Wilson added that the scrolling truck's principal use is not associated with a particular business and is considered an "advertising structure".

Comr. Remaley said that a truck advertising at a beach access would be a problem but going up/down the highway is not an issue for him.

Comr. Gray said that he feels that the sign ordinance currently in effect serves the Town well.

MOTION: Comr. Oakes made a motion to deny the request for proposed amendments to the Town Code concerning mobile outdoor advertising signs. The motion was seconded by Comr. Gray.

Mayor Pro Tem Sadler said that she likes to see free enterprise and unique businesses but she sees a possible future problem with this type of advertising which would be difficult to regulate.

CONTINUATION OF MOTION: The motion passed 4 - 1 with Comr. Remaley casting the NO vote.

In response to Town Manager Cameron’s request, Mr. McRee identified each photograph that was distributed by the applicant’s attorney John Gaw:

#1 - Applicant vehicle with SPCA on front and name of company on one side#2 - Photo of Outer Banks furniture trucks parked end to end in lot#3 - Photo of Jeep Cherokee with magnetic door sign advertising company#4 - Picture of panel vehicle advertising - Island Tobacco Co. on side#5 - Picture of truck in parking lot with Outer Banks Books written on side#6 - Trailer with one side advertising company with telephone number#7 - Delivery truck in parking lot with furniture and telephone number on side#8 - Picture of delivery truck in parking lot with Maximuss Pizza on side#9 - Picture of front of applicant vehicle advertising SPCA #10 - Picture of side of applicant vehicle with name of their company and telephone number

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Agenda Item #11 removed from Consent Agenda: Request for Public Hearing to consider zoning ordinance text amendment to Town Code Section 48-133, Application of Commercial Design Standards, to reduce the dollar value of work, expressed as a percentage of total appraised building value, triggering compliance of nonconforming structures with commercial architectural design standards

Comr. Oakes directed staff to provide more comprehensive information for the Public Hearing on May 7th so that the potential effect will be known – Mr. Wilson clarified Comr. Oakes wanted more universal samples.

MOTION: Comr. Oakes made a motion to approve the request for Public Hearing to consider a zoning ordinance text amendment to the Town Code to reduce the dollar value of work, expressed as a percentage of total appraised building value, triggering compliance of nonconforming structures with commercial architectural design standards for the May 7 th

Board meeting. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Update on removal of sandbags and debris from beach - from March 5th Board meeting

Deputy Public Works Director Ralph Barile responded to an inquiry by Comr. Oakes and stated that there is considerable more erosion and debris on the beach and that he and staff will continue to evaluate the beach when they are able to drive on the beach.

In response to Mayor Pro Tem Sadler, Planning Director Tim Wilson explained that removal of the sandbags will be monitored by the Elizabeth City CAMA office.

Mayor Cahoon stated that CAMA will address certain cases first; she distributed an email from the CRC Chairman which provides a brief history of sandbags and their original intent. Staff is to include this information on the Town's web site.

Comr. Gray stated that at the NC Beach and Inlet Waterways Association (NC-BIWA) Pine Knoll Shores meeting last week, sandbags were a huge issue - lawsuits have been filed by some towns in opposition to the sandbag removal requirement - he noted an exception that was made for the Town of Emerald Isle.

Mayor Cahoon reported that in Emerald Isle several property owners filed a petition to keep their sandbags due to a channel relocation, the property owners added sand at the eastern-most edge and the project was considered a 3 - 6 year project. Everything was done with a thorough documentation trail and that is why a variance was granted by CAMA.

Mayor Pro Tem Sadler stated that she and Comr. Oakes also attended the NC-BIWA conference at Pine Knoll Shores and were very impressed with the well-thought-out beach nourishment program.

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Discussion/Update of beach nourishment permitting - from March 5th Board meeting

Town Manager Cameron reported on a recent meeting in Wilmington with the Corps of Engineers (COE) which included Col. Pulliam; he noted that the Town’s consultants (Coastal Science and Engineering) were commended on preparation of the EIS. After the meeting, Col. Pulliam wrote a letter to US Fish and Wildlife in support of a summer beach nourishment program for Nags Head. The letter to Mr. Benjamin of US Fish and Wildlife advised of COE's position. Formal Section 7 consultation was initiated by US Fish and Wildlife upon receipt of the letter which means response is required within 145 days. Town Manager Cameron explained further that the Town, as an applicant along with the consultant, has done a good job of convincing everyone of the strong likelihood that the project could be done in an environmentally effective manner in a summer type of application.

Mayor Cahoon reported on her and Town Manager Cameron’s trip to Washington, DC for the National League of Cities meeting where they also met with Senators Dole and Burr. They very much appreciated the time of both Senators and felt that the meetings were very productive. Discussions included beach nourishment and the lack of funding.

Mayor Cahoon stated that in the current year’s budget, at the Water Resources Conference earlier this year, the funds to continue with the federal Bodie Island project were cut.

Consideration of resolution in support of Senate Bill 599 re: terminal groins

Mayor Cahoon introduced the agenda item concerning a resolution in support of legislation (Senate Bill 599) to allow the construction of terminal groins.

Board members discussed endorsing the Bill and adding a statement to the resolution that the Town supports terminal groins to be researched state-wide and not limited to a couple of pilot projects.

MOTION: Comr. Remaley made a motion to adopt the resolution in support of the construction of terminal groins as amended with a statement that the Town supports state-wide pilot projects. The motion was seconded by Mayor Cahoon.

Comr. Oakes questioned why only two pilot projects were being proposed; Mayor Cahoon noted that the projects were being considered if adjacent to an inlet and on east-facing beaches as opposed to south facing beaches. She feels the projects should be considered for throughout the State and not just adjacent to an inlet. Comr. Gray said that the Beach and Inlet Waterway Association is in support of groins since there does not appear to be federal funds for beach nourishment projects.

CONTINUATION OF MOTION: The motion passed unanimously.

The resolution of support for terminal groins, as adopted, read in part as follows:

"WHEREAS, The Town of Nags Head supports responsible and environmentally sound shoreline management solutions; AND

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'WHEREAS, The beaches of North Carolina are national treasures and one of North Carolina's most precious natural resources that provide recreational opportunities for all North Carolina residents and visitors worldwide; AND

'WHEREAS, The beaches of North Carolina contribute millions of tourism dollars to the State of North Carolina; the coastal counties and towns of North Carolina depend heavily upon the economic vitality of the beach communities for tourism revenue and critical tax base; AND

'WHEREAS, Beach erosion is one of the most serious challenges facing the North Carolina coastline, affecting millions of dollars of public and private infrastructure and thousands of homes, thereby threatening a vital part of the State’s coastal economy; AND

'WHEREAS, Unstabilized inlets contribute significantly to the erosion along the beaches of North Carolina; AND

'WHEREAS, Inlet management strategies would protect wildlife habitat, wetlands, sound and creek environments while creating more stable, safer, and beautiful beaches; AND

'WHEREAS, The State of North Carolina has constructed two terminal groin structures along our coast which have proven successful adjacent to tidal inlets without adverse impacts nationwide; AND

'WHEREAS, Senate Bill 599 will allow for construction of terminal groins as an inlet management tool at the same time ensuring proper consideration of environmental issues;

'WHEREAS, Senate Bill 599 discusses two (2) pilot projects, the Town of Nags Head strongly supports the construction of pilot projects for terminal groin structures as well as jetties along the entire coast of North Carolina.

'NOW, THEREFORE BE IT RESOLVED, That the Board of Commissioners of the Town of Nags Head does hereby support the passage of Senate Bill 599 to protect the shorelines of North Carolina and supports the construction of terminal groin and jetty pilot projects along the entire coast of North Carolina. The Town encourages every member of the House of Representatives to vote in favor of this bill to protect the coast of North Carolina."

NEW BUSINESS

Consideration of application to transfer massage therapy business (existing business at Pirate's Quay) to applicant Lisa West who is currently licensed by the Town as massage therapist

The memo from Town Clerk Carolyn Morris was presented to the Board and read in part as follows:

"Attached for your consideration is an application for a business license for the transfer of a massage therapy license from Ellen Kornmeyer to applicant Lisa West - business is currently in operation in the Pirate's Quay Shopping Center.

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'As required by Section 10-58 of the Town Code, the applicant has signed the application under oath and paid the required application fee.

'The report from the Police Division is attached and recommends approval of the business transfer.

'Town Code Chapter 10 concerning massage therapy businesses is attached; Section 10-58 requires that the application shall be submitted to the Board of Commissioners which shall approve such application if it determines that:(1) The application contains no misstatement of fact;

'The applicant has signed the application under oath stating that the information contained therein is true.(2) The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime involving sexual misconduct, including but not limited to article 26, sections 14-177 through 14-202.1 of the General Statutes, and article 27, sections 14-203 through 14-208 of the General Statutes, or of chapter 10 of this Code, or of any federal statutes relating to prostitution or of any violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage;

'See attached positive report from Police Division. (3) The applicant conforms to all requirements of applicable zoning, building and fire prevention codes, if applicable;

'See attached information pertaining to conditional use application.(4) The applicant or any person having a legal or beneficial ownership interest in the applicant has not, for the three-year period preceding the application, had a previously issued license for engaging in the business or profession of massage revoked.

'See attached positive report from the Police Division.

'Request Board consideration and approval of the attached application to transfer Even Keel massage therapy business from Ellen Kornmeyer to Lisa West."

MOTION: Comr. Oakes made a motion to approve the request by Ms. West for a massage therapy business license – transfer of current business from Ellen Kornmeyer of Even Keel Massage Therapy - as presented. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously.

BOARD OF COMMISSIONERS AGENDA

Mayor Pro Tem Sadler - Discussion of mid-Currituck County bridge

Mayor Pro Tem Sadler summarized Town of Duck's Mayor Neil Morrison’s letter of support for the Turnpike Authority's recommendation to concentrate on two mid-Currituck County bridge options and to not consider widening NC 12. She asked if the Board was interested in submitting a letter of support for the bridge.

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Comr. Gray confirmed with Mayor Cahoon that the Town adopted a resolution of support for the mid-Currituck Bridge some years ago.

MOTION: Comr. Remaley made a motion to approve the letter of support, with attached resolution previously adopted by the Board, for the mid-Currituck County Bridge. The motion was seconded by Comr. Oakes which passed unanimously.

The letter and resolution of support for the mid-Currituck County bridge, as approved, read in part as follows:

Letter

"At the April 9, 2008 Town of Nags Head Board of Commissioners meeting, it was Board consensus to fully support the recommendation of the North Carolina Turnpike Authority on the proposed Mid-Currituck Bridge. The recommendation of the Authority is to continue to study only two bridge alternatives which does not include the widening of NC 12 north of US 158. Some additional comments:- Hurricane evacuation is an important justification for the bridge project; Bridge construction would reduce travel time as well as provide an additional link between the mainland and the Outer Banks- A bridge alternative is strongly encouraged due to ever-increasing traffic volumes in the Town of Duck community - diverting traffic to the new bridge would reduce number of vehicle trips through the Town of Duck

'In closing, the Town of Nags Head Board of Commissioners fully supports the Town of Duck and strongly agrees with the recommendation of the North Carolina Turnpike Authority to consider only two bridge alternatives for further study and implementation. We are hopeful that the Authority will only consider the bridge alternatives in future phases of the project."

Resolution

"WHEREAS, the Currituck County beaches have become extremely popular and the traffic load heading there through mainland Currituck County, the NC 12 and US 158 intersection, the Towns of Kitty Hawk, Southern Shores and Duck continues to rapidly increase; AND

'WHEREAS, there is only one current access corridor to these beaches as described above; AND

'WHEREAS, the current traffic counts taken by the NC Department of Transportation in 2001 indicate that the vast majority of the traffic load (70% on a summer weekend, 60% on a summer weekday and 66% on a non-summer weekday) using this route have a destination in the Currituck County Outer Banks; AND

'WHEREAS, construction of a Mid-Currituck Bridge would most significantly lessen this traffic load on the aforementioned roads, alleviate the current traffic back-up to the southern towns of Kitty Hawk, Kill Devil Hills, Nags Head, and beyond, save energy resources now consumed by traffic gridlock, and provide an alternative route for both safety and hurricane evacuation; AND

'WHEREAS, the current DOT Currituck Sound Area Transportation Study (TIP Project R-2576) is examining alternatives to alleviate the current problem; AND

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'WHEREAS, the focus of the current study effort is not directed at alleviating the current and growing problem primarily through the construction of the Mid-Currituck Bridge; AND

'WHEREAS, some focus has been placed upon widening NC 12 through the towns of Southern Shores and Duck to solve traffic problems with attendant destruction of the environment and character of both towns.

'NOW, THEREFORE BE IT RESOLVED, the Town of Nags Head Board of Commissioners firmly believes that the construction of the Mid-Currituck Bridge as soon as possible is imperative for traffic, safety and public service reasons. Construction in 2009 as is presently planned is unacceptable.

'BE IT FURTHER RESOLVED, the Town of Nags Head Board of Commissioners is strongly opposed to the widening of NC 12 through the town of Southern Shores because it would destroy both the environment and character of the town.

'BE IT FURTHER RESOLVED, a copy of this resolution be forwarded to Secretary of Transportation Lyndo Tippett, Senator Marc Basnight, Representative Bill Culpepper, and Dare County Commissioner Stan White, Board of Transportation Member.

'Adopted this 4th day of September 2002."

Mayor Pro Tem Sadler - Monthly departmental reports

Mayor Pro Tem Sadler expressed her appreciation of the monthly reports submitted by department heads in the Board packages; she pointed out the decreased number of building permits issued.

Comr. Oakes - Green building package

Comr. Oakes said he would be forwarding a “green” building package to Board members which includes a list of recommendations.

Comr. Oakes – Public Hearing comments

Comr. Oakes expressed concern that a maximum of five (5) minutes is allowed for those speaking during Public Hearings; he would like to see more flexibility for speakers.

Comr. Oakes – Change in format of public hearings

Comr. Oakes would like to see a change in the format for public hearings - he would prefer that the attorney and town manager report prior to Board comments at each public hearing

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– he stated that often the attorney’s or the town manager’s comments answer his questions.

Comr. Gray – NC Beach and Inlet Waterways Association (NC-BIWA) conference

Comr. Gray reported that last week’s NC Beach and Inlet Waterways Association conference was very beneficial and he encouraged Town attendance at future NC-BIWA conferences.

Comr. Gray – Out of Town

Comr. Gray reported that he would be out of Town working for approximately ten (10) days; he assured Mayor Cahoon he would leave his schedule with the Town Clerk.

Comr. Gray – Upcoming visit to the coast

Comr. Gray stated that he would be taking a trip with Town Manager Cameron to visit coastal area beach nourishment/terminal groin projects.

Comr. Remaley - Mandate for restaurant recycling

Comr. Remaley requested a report on the State's unfunded mandate for restaurant recycling of bottles, etc.

Town Manager Cameron reported that meetings have taken place with local restaurants concerning the State mandate for bottle recycling and he will provide an update at the May 7th Board of Commissioners meeting.

Mayor Pro Tem Sadler noted that some individuals will pay for their own recycling; she questioned if this type of service could be offered to the public.

Town Manager Cameron stated that he would contact Kill Devil Hills Manager Debbie Diaz concerning their recycling program which authorizes some recycling companies to offer a service to homeowners. An update will be provided to the Board at the May 7th Board of Commissioners meeting.

Comr. Remaley – National Park Service fire protection contract

Comr. Remaley reported on the National Park Service fire protection contract with the Town. The action is in the Park Service’s court – they have indicated that they will try to expedite their contract review process.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Ike McRee - Update on Carolinian Circle

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Town Attorney Ike McRee summarized his letter to Carolinian Circle property owner, Raymond Pate in response to Mr. Pate’s submission of a recorded Declaration of Withdrawal of the Carolinian Circle right-of-way in 1971. Mr. Pate had requested that the town acknowledge the authenticity of the document.

In response to Raymond Pate's comments during Audience Response, Mr. McRee stated that upon receipt of the Declaration of Withdrawal from Mr. Pate further research showed that the Board of Commissioners adopted a resolution to abandon the Carolinian Circle right-of-way. Subsequently, and within days of the recordation of the Declaration of Withdrawal, a new plat with reconfiguration of lots and Carolinian Circle right-of-way was recorded and with lots thereafter conveyed with reference to that plat constituted a dedication of the newly configured Carolinian Circle right-of-way. Mr. McRee further stated that based on the record it was evident that the developer’s intent was to erase the original plat from the record in order to establish the Carolinian Circle subdivision in a different form.

Mr. McRee stated that since the rededication of Carolinian Circle the town has accepted the Carolinian Circle right-of-way by placing Carolinian Circle on the town’s Powell Bill map, paving a portion of Carolinian Circle, performing some maintenance on Carolinian Circle and through the public’s regular use of the opened portion of Carolinian Circle. Mr. McRee further noted that under state law acceptance of the entire street may not thereafter be withdrawn from dedication by a developer. The Town is not required, until it finds it necessary, to open and improve the unimproved portion of Carolinian Circle. Mr. McRee also reported that Mr. Keating subsequently sent a letter to the Town Manager demanding a building permit for his property on the unimproved portion of Carolinian Circle. However, Mr. Keating's request is a zoning issue separate from the issue regarding the dedication and acceptance of the Carolinian Circle right-of-way.

Mr. McRee explained that in order for the unimproved section of Carolinian Circle to be paved, the property owners must come together and pay the cost or the Town impose an assessment if desired.

Mr. McRee stated that he does not feel there is any more for the Town to do unless the Town wants to spend taxpayer funds to pave the entirety of Carolinian Circle.

Comr. Gray confirmed and clarified with Mr. McRee that Mr. Keating was not issued a building permit because Carolinian Circle is not improved and that Carolinian Circle must be improved before the Town can issue a building permit - this is in accordance with the Town Code.

Town Manager Cameron noted that he and staff met with Carolinian Circle property owners on site to discuss options/proposals.

Planning Director Wilson clarified why the decision was made to not issue a building permit for Mr. Keating's property. Mr. Wilson explained that it was pointed out to Mr. Keating that his next step would be to discuss construction of the road.

Town Manager Cameron pointed out that to meet the Town street standard (environmental street standard) at Carolinian Circle would take all of the Powell Bill funding for a couple of years.

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Comr. Oakes stated that usually property developers construct roads in accordance with Town standards so lots can be sold and houses can be built.

Town Attorney Ike McRee - Stone wall encroachment at Old Duffer Court

Town Attorney Ike McRee provided a summary of the history of the stone wall at Old Duffer Court in the Town’s right-of-way in the Village at Nags Head. He emphasized that staff needs direction from the Board. He provided the following three (3) options for Board consideration: amend the Town Code, grant an easement, or grant a license. He reiterated that the issue is currently in the hands of the Board of Commissioners.

Town Manager Cameron said that the Town has continuing liability by allowing the wall to remain; the wall is owned by the Chisholms and the Byrums; Ms. Chisholm is on active military duty and has requested two years until resolution of this issue.

Comr. Gray said he would like to allow staff to do its job and finish this project; Mayor Pro Tem Sadler responded that she was not prepared to do that with one property owner in the military and not present.

Comr. Oakes said that he feels that the Board needs to provide clear direction to staff on this issue. He also spoke of the possible conflict of interest with his company who manages the Village Property Owners' Association and part of that management includes administrative work for the Village Architectural Committee; he admitted that his company did not follow up adequately to make sure the appropriate Town permits were obtained by the property owner.

It was Board consensus to inform the Old Duffer Court stone wall owners, the Byrums and the Chisholms, that the wall is to be removed within the next 15 days or it will be removed by Town staff on the 16th day (April 25, 2008).

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Cameron – Upcoming Harley Bikers weekend April 24 – 27, 2008

Town Manager Cameron reported that the annual bikers weekend is scheduled for April 24 – 27, 2008; vendors will be set up at the NY Pizza and the Surfside Plaza sites. The usual site - Jennette's Pier - was unavailable due to the upcoming pier demolition. He also noted that the annual boat show is the same weekend.

Town Manager Cameron – CAMA major permit received

A CAMA major permit was received from Kitty Hawk Kites regarding the lot adjoining property on the sound owned by the Town and the Dare County Tourism Board (next to Windmill Point property).

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Town Manager Cameron – Jennette’s Pier

A letter was recently received from Rep. Tim Spear which was sent to the North Carolina Aquarium Society emphasizing the importance of keeping the Jennette’s Pier name in the pier’s final title. Town Manager Cameron also reported that David Griffin of the Aquarium Society informed him that bids have been received for the demolition of the pier.

Town Manager Cameron – Fireworks ban

Staff recently met with local real estate managers to discuss the task of educating renters about the ban on fireworks in the Town.

Town Manager Cameron – Ocean outfalls

Town Manager Cameron reported that the Conch Street and Curlew Street ocean outfalls have been repaired. He reminded Board members of the State ocean outfall meeting scheduled for Jockey’s Ridge State Park tomorrow, April 10, 2008 at 10:00 a.m.

Town Manager Cameron – Land Use Plan Workshop

Town Manager Cameron reminded Board members of the Land Use Plan Workshop with the Planning Board scheduled for 7:00 p.m. on Wednesday, April 16, 2008.

Town Manager Cameron – Cliff Ogburn new Deputy Town Manager

Town Manager Cameron reported that Cliff Ogburn will begin his duties as Deputy Town Manager on Monday, April 14, 2008.

MAYOR’S AGENDA

Mayor Cahoon - Schedule of upcoming workshops

Mayor Cahoon confirmed with Town Manager Cameron that the recommended FY 08/09 Budget would be presented to the Board at the May 7th Board of Commissioners meeting.

The following FY 08/09 Budget Workshops were scheduled: Wednesday, May 14, 2008 at 7:00 p.m. in the Board RoomThursday, May 15, 2008 at 7:00 p.m. in the Board RoomWednesday, May 28, 2008 at 7:00 p.m. in the Board Room

Board members were reminded of the Land Use Plan Workshop scheduled for Wednesday, April 16th at 7:00 p.m. in the Board Room. Mayor Cahoon pointed out that the LUP

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Workshop summary was left at each Board member’s seat this morning. She thanked staff for their work on the Plan.

Mayor Cahoon - Discussion of resolution re: collective bargaining for public safety and first responder employees

Mayor Cahoon said that she does not feel that the Federal Government should be dictating to local governments how they work with their employees; She does not want another federal government unfunded mandate which is what the proposed collective bargaining legislation would do if adopted.

Comr. Remaley said that collective bargaining bills have been before Congress many times; it gives rights for employees to sit down and negotiate; there is no requirement to give pay raises, etc. He spoke in favor of the collective bargaining bill.

MOTION: Comr. Oakes made a motion to adopt the resolution opposing collective bargaining as presented. The motion was seconded by Mayor Pro Tem Sadler which passed 4 - 1 with Comr. Remaley casting the NO vote.

The resolution opposing mandated collective bargaining, as adopted, read in part as follows:

"WHEREAS, The local governments of the State of North Carolina have a rich history of supporting public safety employees - and all municipal employees; AND

'WHEREAS, North Carolina cities and towns employ two-thirds (2/3) of all law enforcement officers in the State and an even higher percentage of firefighters; AND

'WHEREAS, Senate Bill 2123/House Bill 980 is proposed legislation entitled "The Public Safety Employer-Employee Cooperation Act of 2007" which would mandate collective bargaining for North Carolina public safety employees; AND

'WHEREAS, Mandated collective bargaining for public safety is an unnecessary intrusion into municipal operations and constitutes "micro-management" of Town operations; AND

'WHEREAS, If the proposed legislation becomes law, the next logical step may be the allowance of strikes by public employee labor unions which would have a very detrimental effect on the safety of the Town's citizens and visitors - which swell to an approximate population of 40,000 during the summer months in this resort town; AND

'WHEREAS, North Carolina local governments are already facing budgetary constraints to meet the growing population increase and infrastructure needs such as transportation, water, and wastewater.

'NOW, THEREFORE BE IT RESOLVED, That the Board of Commissioners of the Town of Nags Head does hereby oppose the passage of the Public Safety Employer-Employee Cooperation Act of 2007 and strongly encourages our legislatures to vote against cloture - which would end debate on the bill and allow it to go to a floor vote - and the bill, if it should come up for a vote."

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Mayor Cahoon – Next beach driving regulatory negotiation meetings

Mayor Cahoon noted that the next beach driving regulatory negotiation meetings are scheduled for May 8th and 9th at the Comfort Inn in South Nags Head; she noted that a public comment session is held at 12:00 Noon each day.

Mayor Cahoon also pointed out that Dare County Attorney Bobby Outten left today’s meeting to travel to Raleigh to discuss off-road vehicle (ORV) proposed interim strategies.

OTHER BUSINESS

Response to comments made during Audience Response

Comments made by Elaine Smith, Nags Head Pond Property Owners’ Association President re: Kelly's Restaurant St. Patrick's Day Parade/Easter Egg festivities/antique car show and impact on Nags Head Pond neighborhood

Mayor Cahoon stated that all parties need to be at the same table at the same time to critique the St. Patrick’s Day Parade, the Easter egg hunt festivities and the First Flight Cruisers antique car show. With their concurrence, Mayor Cahoon appointed Comr. Oakes and Comr. Remaley to attend the critique, to be scheduled for later in April.

In addition, Nags Head Pond Property Owners’ Association Elaine Smith along with another Association member and the First Flight Cruisers are also invited to attend the critique which is to include future planning. Recommendations as needed are to return to the Board.

Town towing rotation list - Beth Tolliver

Town Manager Cameron stated that he and Police Chief Byrum would be meeting with Beth Tolliver who spoke during Audience Response concerning her request to have her towing company added to the Town's towing rotation list.

Staff is to bring this item back with background information concerning the towing rotation policy at the May 7, 2008 Board of Commissioners meeting.

Carolinian Circle - Ron Keating

Carolinian Circle property owner Ron Keating spoke and stated that he was previously issued a building permit which was subsequently suspended; he said that there are already provisions in the Town Code that would allow him to be issued a building permit if Carolinian Circle were to be designated as an access road.

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Mayor Pro Tem Sadler - Employee benefit study

Mayor Pro Tem Sadler stated that in July 2007 the Board appointed her and Comr. Gray to review the Town's employee benefits; she confirmed with Mayor Cahoon that the benefit study would be discussed philosophically during the Board's upcoming retreat.

CLOSED SESSION

MOTION: Comr. Oakes made a motion to adjourn to a Closed Session in accordance with GS 143-318.11(a)(6) to discuss the Town Manager's annual review. The motion was seconded by Comr. Remaley which passed unanimously. The time was 1:20 p.m.

OPEN SESSION

The Board reconvened to Open Session at 2:37 p.m.

Mayor Cahoon announced that the only issue discussed during Closed Session was the Town Manager's review.

MAYOR CAHOON - NO APRIL MID-MONTH MEETING

Mayor Cahoon reminded Board members that there would not be an April mid-month meeting; the joint workshop with the Planning Board to discuss the Land Use Plan would be held on Wednesday, April 16, 2008 at 7:00 p.m. in the Board Room.

ADJOURNMENT

MOTION: Comr. Gray made a motion to adjourn which passed unanimously. The time was 2:38 p.m.

_______________________________Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________M. Renée Cahoon

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