Board of Commissioners

MINUTES TOWN OF NAGS HEAD BOARD OF COMMISSIONERS MEETING WEDNESDAY, JANUARY 10, 2018 REGULAR SESSION The Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 S Croatan Highway in Nags Head, North Carolina on Wednesday, January 10, 2018 at 9:00 a.m. Board members Mayor Ben Cahoon; Mayor Pro Tem Susie Walters; Comr. Renée Cahoon; Present: Comr. Webb Fuller; and Comr. Michael Siers Board members None Absent: Others present: Town Manager Cliff Ogburn; Attorney John Leidy; Andy Garman; Kevin Brinkley; Kevin Zorc; Amy Miller; Brie Floyd; Roberta Thuman; Ralph Barile; David Ryan; Kelly Wyatt; Holly White; Deronte White; Chris Braddy; Steve Szymanski; Louis Toth; Jackie Chuan; Ko Tang Cha-Moses; Margaret Cathey; Henry Cathey; Mark Kasten; Dorothy Hester; Bobby Dobbs; David Beniamino; Steve Romine; Chip Kendrick; Josh Johnson; Sarah Letchford; and Town Clerk Carolyn Morris CALL TO ORDER Mayor Cahoon called the meeting to order at 9:07 a.m. A moment of silent meditation was followed by the Pledge of Allegiance. ADOPTION OF AGENDA MOTION: Comr. Fuller made a motion to adopt the January 10th agenda as presented. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. RECOGNITION 2017 Earl Murray Jr Employee of the Year – Sanitation Technician II Deronte White Town Manager Ogburn introduced Public Works Director Ralph Barile who, along with the Board, recognized Sanitation Technician II Deronte White as the 2017 Earl Murray Jr Employee of the Year. He was presented a Certificate of Appreciation and coupon for “day off with pay” that he did not receive at the December 2017 Board meeting as he was working and not present. FIVE YEARS – Building Inspector Steve Szymanski – Jan 3, 2013 Town Manager Ogburn introduced Dep Town Manager Andy Garman who, along with the Board, recognized Building Inspector Steve Szymanski and thanked him for five years of service.  Nags Head Board Meeting Minutes January 10, 2018 West Point Leadership Program Graduate – Police Sergeant Chris Braddy Town Manager Ogburn introduced Police Chief Kevin Brinkley, who, along with the Board, congratulated Police Sergeant Chris Braddy for his recent graduation from the West Point Leadership Program. Town Video Awards – Public Information Officer Roberta Thuman Town Manager Ogburn introduced Public Information Officer Roberta Thuman who reported on the recent recognition/award the Town received for its Cart Etiquette video. Ms. Thuman also thanked Dare County Benny Baldwin for his help on the video. PUBLIC COMMENT – LOUIS TOTH Louis Toth, Village at Nags Head resident, displayed a photo of a civil rights artwork focusing on Martin Luther King, Jr. completed by his daughter, Jennifer; Mr. Toth stated that the artwork is displayed at Ryker’s Island in New York. PUBLIC COMMENT – JACKIE CHUAN Jackie Chuan, Chair of Community Housing Initiative of the Chamber of Commerce, spoke in favor of today’s dormitory housing site plan which represents a much-needed housing unit; Attorney Leidy informed Ms. Chuan that it may be more appropriate for her to provide her comments during the Public Hearing on the dormitory conditional use site plan. RECESS and RECONVENE The Board recessed at 9:24 a.m. for photo opportunities and reconvened at 9:30 a.m. PRESENTATIONS Dare County CurrentTV Manager Bobby Dobbs – Update on the latest happenings at CurrentTV Dare County Public Relations representative Dorothy Hester reported on CurrentTV which used to be the GovEd Channel; she provided an update to the Board and citizens re: local programming available on the cable channel as well as the internet. Comr. Cahoon is the Town’s representative on the Committee and Roberta Thuman is the staff liaison. CurrentTV Manager Bobby Dobbs provided a brief powerpoint presentation and stated that CurrentTV is described as “A collaboration to provide quality informational programming through two channels, CurrentTV-Government and CurrentTV-Education.” Mr. Dobbs provided an informative summary of the how the two channels are prepared, advertised, and funded. His and Ms. Hester’s presentations were well received by the Board. Comr. Cahoon pointed out that every town is eligible to apply for grants for videos, etc. such as is on today’s agenda. FY 16/17 Annual Audit Report - Ko Tang Cha-Moses, Martin Starnes & Associates Town Manager Ogburn introduced Ko Tang Cha-Moses of Martin Starnes & Associates who provided a powerpoint presentation summarizing the Town’s recent audit which was positive. She thanked Finance Officer Amy Miller and staff for their assistance. Ms. Cha-Moses’ slides are attached to and made a part of these minutes as shown in Addendum “A”. In addition the Financial Report is on file in the Town Clerk’s Office. 2  Nags Head Board Meeting Minutes January 10, 2018 Town Manager Ogburn pointed out that occupancy tax revenue was down $60,000 from the previous year. Finance Officer Miller said that this is reflective of the portion of shared revenue lost from the other towns implementing their beach nourishment project MSD districts. Mayor Pro Tem Walters noted the OPEB liability in 2018 showing a net deficit; Ms. Cha-Moses said that the Local Government Commission (LGC) is aware but has not provided a lot of guidance yet. Ms. Miller wanted to make sure everyone was aware of the OPEB responsibility for paying employee health care and the Town’s responsibility for funding State retirement which are two different funds. Board members thanked Ms. Cha-Moses for her presentation. CONSENT AGENDA The Consent Agenda consisted of the following items: Consideration of Budget Adjustment #7 to FY 17/18 Budget Consideration of Tax Adjustment Report Approval of Minutes Consideration of resolutions authorizing lease/purchase financing contracts Consideration of resolution authorizing Town signatures at Southern Bank Consideration of 2018 Fireworks contract Consideration of request to apply for Assistance to Firefighter grant Request for public hearing to consider zoning ordinance text amendments recommended by the Nags Head Local Business Committee to amend Article XIII, Buffering Requirements as it relates to the number of required plantings in a buffer yard MOTION: Comr. Fuller made a motion to approve the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. Budget Adjustment #7, as approved, 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 Finance Officer’s memo concerning the lease/purchase financing contracts read in part as follows: “Admin Services has obtained financing quotes from the following financial institutions: Interest Rate Fees Southern Bank 2.09%, 2.29% $0 BB&T 2.40%,2.63% $0 SunTrust 2.48%, 2.62% $250 PNC 3.64%, 3.73% $350 First National Bank Unable to bid Wells Fargo Unable to bid ‘The financing proposal is as follows: 3  Nags Head Board Meeting Minutes January 10, 2018 1. Three year fixed annual up-front payment in advance: Pickup Truck Town Manager $ 32,920.00 Time and attendance software Admin Services 45,917.00 Pickup Truck Planning 34,091.00 Four (4) Police Vehicles 170,461.00 Pickup Truck Water Distribution 29,776.00 ‘Total financed at a three year fixed annual payment in advance term $ 313,165.00 2. Five year fixed annual up-front payment in advance: Boom Tractor Public Works Facilities Maintenance $ 154,062.00 Knuckle Boom Sanitation 131,288.00 Total financed at a five year fixed annual payment in advance term $ 285,350.00 Grand total being financed $ 598,515.00 ‘Staff is recommending accepting the proposal received from Southern Bank, which offered the most competitive financing bid within the requested financing guidelines.” The three-year financing loan resolution, as adopted, read in part as follows: “WHEREAS: The Town of Nags Head (the “Town”) has previously determined to undertake a project for the financing of vehicles and equipment, (the “Project”), and the Town Manager has now presented a proposal for the financing of such Project. ‘BE IT THEREFORE RESOLVED, as follows: 1. The Town hereby determines to finance the Project through Southern Bank & Trust Company, in accordance with the proposal dated December 28, 2017. The amount financed shall not exceed $313,165.00 the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.09%, and the financing term shall not exceed two (2) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the “Financing Documents”) shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Director is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Director is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Director shall approve, with the Finance Director’s release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document’s final form. 4. The Town shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). 4  Nags Head Board Meeting Minutes January 10, 2018 5. The Town intends that the adoption of this resolution will be a declaration of the Town’s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the Southern Bank & Trust Company financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town’s general fund, or any other Town fund related to the project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately.” The five-year financing loan resolution, as adopted, read in part as follows: “WHEREAS: The Town of Nags Head (the “Town”) has previously determined to undertake a project for the financing of vehicles and equipment, (the “Project”), and the Town Manager has now presented a proposal for the financing of such Project. ‘BE IT THEREFORE RESOLVED, as follows: 1. The Town hereby determines to finance the Project through Southern Bank & Trust Company, in accordance with the proposal dated December 28, 2017. The amount financed shall not exceed $285,350.00 the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.29%, and the financing term shall not exceed four (4) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the “Financing Documents”) shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Director is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Director is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Director shall approve, with the Finance Director’s release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document’s final form. 4. The Town shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). 5. The Town intends that the adoption of this resolution will be a declaration of the Town’s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the Southern Bank & Trust Company financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town’s general fund, or any other Town fund related to the project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately.” 5  Nags Head Board Meeting Minutes January 10, 2018 The resolution authorizing Town signatures at Southern Bank, as adopted, read in part as follows: “BE IT RESOLVED by the Town of Nags Head Board of Commissioners that Southern Bank be, and hereby is, designated as a depository institution for the Town of Nags Head and that funds so deposited may be withdrawn upon a check, draft, note or order of the Town of Nags Head, AND ‘BE IT FURTHER RESOLVED that all checks, drafts, notes or orders drawn against said account be signed by any one of the following: - AMY MILLER, FINANCE DIRECTOR; and countersigned by any one of the following: - KIMBERLY BLANKENBURG, DEPUTY FINANCE OFFICER; - BENJAMIN CAHOON, MAYOR; - CLIFF OGBURN, TOWN MANAGER; - CAROLYN F MORRIS, TOWN CLERK; ‘whose signatures shall be duly certified to said Bank, and that no checks, drafts, notes or orders drawn against said Bank shall be valid unless so signed, AND ‘BE IT FURTHER RESOLVED that said Bank is hereby authorized and directed to honor and pay any checks, drafts, notes or orders so drawn whether such checks, drafts, notes or orders be payable to the order of any such person signing and/or countersigning said checks, drafts, notes or orders, or any of such persons in their individual capacities or not, and whether such checks, drafts, notes or orders, or to the individual credit of any of the other officers or not. This resolution shall continue in force and said Bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth in the certificate of the Finance Officer or Town Clerk, accompanying a copy of this resolution when delivered to said Bank or in any similar subsequent certificate, until written notice to the contrary is duly served on said Bank.” The memo concerning the Town’s Fireworks display contract for 2018 with Zambelli, as approved, read in part as follows: “The Town of Nags Head is pursuing the execution of a contract to secure a vendor for the July 4th, 2018 Fireworks Extravaganza on Nags Head Fishing Pier. The financial impact of this contract is $25,000; $12,500 in FY 17/18 and $12,500 in FY 18/19. ‘The Town Manager is only allowed to execute contracts for budgeted items. Since this item is not budgeted as it is a FY 2019 expenditure, staff requests the BOC authorize the Town Manager to process the contract with an understanding that this would require fireworks funding in the FY 2018/2019 adopted budget. ‘Thank you for your consideration of this request.” The memo of request to apply for an Assistance to Firefighter grant, as approved, read in part as follows: “The 2017 Assistance to Firefighters Grant Program supports the basic mission to strengthen national preparedness and resilience. The AFG is a 95/5 grant; 95% funding coming from federal government and the 5% match from the applicant. The AFG program addresses the following core capabilities of the national preparedness goal; hazard identification, community resilience and long-term vulnerability reduction. 6  Nags Head Board Meeting Minutes January 10, 2018 ‘The problem in the Town of Nags Head is that critical emergency operations facilities (3 Fire stations) are vulnerable due to frequent unexpected severe weather and high winds. Presently, airborne debris and wind can breach existing bay door/entry door/window openings and rapidly make portions of facilities ineffective and uninhabitable. Critical equipment subjected to wind driven rain and debris is likely to fail, while energized electrical circuits may become inoperable and even produce arcs and potentially, a structure fire. Should these openings fail, facility occupancy may be interrupted and critical fire/EMS operations, planning and logistics activities would be forced to hastily seek an alternative location. Roll up apparatus bay doors have failed during past storm events, are mechanically insufficient and have no manufacturer wind load rating in two of three facilities proposed for retrofit. No interim protection is available for bay doors in case of a severe wind event. Failure of these 14’ x 16’ bay doors during storm conditions will disable the facility and expose Fire & EMS staff and critical fire engine/ambulance equipment to untenable conditions. ‘The project requests funding for a permanent and easily deployable hazard mitigation solution - the acquisition and installation of engineered, code compliant storm shutters and fire station bay doors, professionally constructed, fit and installed for all vulnerable bay areas, window/door openings for 3 Fire Stations in the Town of Nags Head. The estimated project cost includes 140 mile per hour bay doors, 150 mile per hour entry door shutters and 150 mile per hour window shutters for: ‘Fire Station 16 - $93,650.00 Fire Station 21 – $53,486.00 Fire Station 20 – $37,913.00 Total project cost - $185,049.00 ‘95% Federal Share – $175,796.55 5% Town of Nags Head match - $9,252.45 ‘The AFG application period opens on December 26, 2017 and application submission deadline date is February 2, 2018. Anticipated funding selection date is March 19, 2018, and expected award date on April 6, 2018. ‘The town previously but unsuccessfully applied for this funding utilizing the Hazard Mitigation Grant available post Hurricane Matthew. I request BOC permission to process the AFG application for the Wind Retrofit for Three Fire Stations project. ‘Thank you for your consideration of this request.” The agenda summary sheet for the Request for Public Hearing – Landscaping/Buffering text amendments, as approved, read in part as follows: “In 2016, the Town adopted modifications to its landscaping and buffering ordinances as a result of recommendations from the Town’s Local Business Committee. The purpose was to allow more flexibility to cluster plantings in roadway buffers to improve the visibility of businesses. The Local Business Committee has continued to monitor implementation of the ordinance including a demonstration project at Forbes Candy located at 6321 S. Croatan Highway. After review, it appears the number of trees, shrubs and forbs required by the ordinance makes it difficult to cluster, particularly in instances of a five foot wide buffer yard C. The Local Business Committee has discussed and recommended a reduction in the number of required plantings: 5 trees reduced to 3 trees; 20 shrubs reduced to 15 shrubs and 50 ornamental grasses reduced to 30 ornamental grasses per 100 feet of required buffer yard. ‘Staff Recommendation: Staff recommends approval of the proposed zoning ordinance text amendments as presented. 7  Nags Head Board Meeting Minutes January 10, 2018 ‘Planning Board Recommendation: At its December 12, 2017 meeting, the Planning Board voted unanimously to recommend adoption of the proposed zoning ordinance text amendments as presented.” PUBLIC HEARINGS Public Hearing to consider conditional use application submitted by James Rose to convert existing multi- use structure into “Dormitory, Multi-family, Mixed Development”. Property is zoned C-2, General Commercial and is located at 4301 S Croatan Highway Town Attorney John Leidy introduced the Public Hearing to consider a conditional use application to convert an existing multi-use structure into a dormitory, multi-family, mixed development at 10:13 a.m. He explained that the Board sits as a quasi-judicial body and must make its decision: 1) based on competent material and substantial evidence - and those presenting must be sworn in 2) based on information presented, and 3) Board members must be recused if there is basis for believing that they would not be able to be an impartial decision maker - to include a commissioner having a fixed opinion not susceptible to change. Attorney Leidy asked if there were any conflicts – Mayor Cahoon noted that his firm prepared some of the documents for this project and said that there is the risk that he may have some ex parte information. MOTION: Comr. Cahoon made a motion to recuse Mayor Cahoon from this item. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. Mayor Cahoon left the Board meeting. Comr. Cahoon noted that in the past she has had dealings with the applicant, James Rose, but has had no current dealings. Attorney Leidy confirmed with Comr. Cahoon that she would be able to make her decision based solely on the evidence presented. Comr. Fuller noted that he has had conversations with staff about specific things he plans on bringing up during the discussion. Attorney Leidy confirmed with Comr. Fuller that he would be able to make his decision based solely on the evidence presented. Attorney Leidy reviewed the procedures for the quasi-judicial hearing. Sworn in by Town Clerk Carolyn Morris were: Dep Town Manager Andy Garman, Dep Planning Director/Zoning Administrator Kelly Wyatt, Fire Chief Kevin Zorc, Dep Fire Chief Shane Hite, Police Chief Kevin Brinkley, Public Works Director Ralph Barile, Mark Kasten (on behalf of the applicant), Margaret Cathey, and Jackie Chuan. Dep Planning Director/Zoning Administrator Kelly Wyatt summarized her report which read in part as follows: “Applicant: James Rose. ‘Application Request: Conditional Use/Site Plan Amendment. ‘Purpose: Convert an existing multi-use structure into a “Dormitory, Multi-family, Mixed Development” use. ‘Property Location: 4301 S. Croatan Highway, Nags Head. 8  Nags Head Board Meeting Minutes January 10, 2018 ‘Existing Land Use: Commercial/Residential Mixed Development consisting of office space and six (6) residential dwelling units (former CDC Building). ‘Zoning Classification of Property: C2, General Commercial District. ‘Zoning Classification and Uses of Surrounding Properties: The properties to the north, east and south are zoned C-2, General Commercial. The property to the north, St. Andrews Church, is a religious complex. The remainder of the adjacent properties are residential uses. The property to the west, directly across US 158, is zoned R-2, Medium Density Residential and is currently vacant. ‘Flood Hazard Zone of Property: AE 10’, no expansion to existing structure is proposed. ‘Land Use Plan Map/Policies: The Future Land Use Map within the 2017 Comprehensive Plan classifies this property as Beach Road Historic Commercial. This proposal is consistent with this land use classification. ‘SPECIFIC INFORMATION ‘Applicable Zoning Regulations: Town Code of Ordinances, Chapter 48, Article XI, Section 48-407(c), Conditional Uses within the C-2, General Commercial Zoning District. • Use Regulations: Dormitory, Multifamily, Mixed Development is a Conditional Use within the C-2, General Commercial Zoning District. Please note the “Dormitory” use will be located within the same structure as six (6) previously approved residential dwelling units (apartments) but will function separately. • Lot Coverage: Total allowable lot coverage for this site is 55%. Existing lot coverage totals 47.9% the lot area. A small area of additional coverage is proposed in the northeast corner of the property to extend a parking space however all other aspects of this request are interior renovations to the existing structure within the existing building footprint. • Building Height: The existing structure is compliant with regard to overall height. No increase in height will occur as a result of this request. • Architecture Design Standards: The existing structure was architecturally compliant at the time of its original Board of Commissioners approval and construction. The requested conversion from office use to dormitory use does not necessitate compliance with current architectural standards. • Parking: Required parking for the dormitory use is one (1) parking space per bedroom. The applicant has proposed the construction of nine (9) bedrooms therefore nine (9) spaces shall be dedicated to the dormitory use while maintaining the twelve (12) required spaces for the existing residential dwelling units. A total of 21 parking spaces are required; 29 spaces exist onsite therefore parking is compliant. • Buffering/Landscaping: Existing onsite landscaping and buffering has diminished over time. Staff recommends that in conjunction with this request the approved buffering from the original CUP approval in 2009 be re-established. • Lighting: Lighting will be unchanged however a light audit will be conducted prior to issuance of final zoning approval to ensure continued compliance. 9  Nags Head Board Meeting Minutes January 10, 2018 • Signage: Detailed signage information has not yet been provided however any deviation from existing signage must be reviewed and approved prior to issuance of zoning and building permits. ‘Water and Sewage Disposal: The applicant is awaiting approval from the Dare County Health Department. It is staff’s understanding that modifications to the current system may be required to accommodate this use. ‘Stormwater Management: The Town Engineer has noted that a portion of the swales situated along the northern property line, which were part of the original approved stormwater management plan, have filled in with sediment. These facilities were incorporated under an executed operation and maintenance agreement and it is recommended that the swales be restored back the original approval (site plan with mark-up attached). ‘Traffic Circulation: Traffic circulation is unchanged from the previous review and approval by the Town Engineer. ‘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: While the Public Works Director indicated he would like to see the dumpster relocated in such a way to better accommodate front end loading trucks, the request did not require this change. ‘ANALYSIS AND STAFF RECOMMENDATION The Planning Board and Planning Staff worked with the applicant, Mr. James Rose, over the course of several months to generate the newly adopted definition and use standards for “Dormitory.” This ordinance, adopted by the Board of Commissioners at its October 4, 2017 meeting, is attached to this application for your review. Staff finds that the proposal meets the definitional requirements for “dormitory” in that will provide monthly rental housing of unrelated residents in a communal non-transient living arrangement in a facility consisting of separate sleeping, bathing, and common living areas. The site upon which the use is proposed meets all of the dimensional requirements of such use. The ordinance requires that sleeping rooms have a minimum floor area of 70 sf. for the first occupant and a minimum floor area of 50 sf. for each additional occupant. The applicant has provided a breakdown of occupants on sheet A101 of your packet depicting compliant area vs. occupancies on both the first and second floor. ‘First Floor Occupancies One bedroom @ 88 sf = 1 Occupant One bedroom @ 89 sf = 1 Occupant One bedroom @ 184 sf = 1 Occupant/70 sf. Remaining 114 sf/50 sf = 2 Occupants Total First Floor = 5 Occupants. ‘Second Floor Occupancies One bedroom @ 118 sf = 1 Occupant One bedroom @ 80 sf = 1 Occupant One bedroom @ 79 sf = 1 Occupant One bedroom @ 93 sf = 1 Occupant One bedroom @ 73 sf = 1 Occupant One bedroom @ 259 sf = 1 Occupant/70 sf. Remaining 189 sf/50 sf = 3 Occupants. Total Second Floor = 9 Occupants ‘In addition to minimum sleeping areas per occupant, the ordinance also sets forth a minimum floor area of 20 sf. per occupant that must be devoted to common living areas, and in no case shall that area be less 10  Nags Head Board Meeting Minutes January 10, 2018 than 220 sf. per unit or floor. On the first floor with five (5) occupants a minimum of 220 sf. of common living shall be provided. The applicant has proposed in excess of 300 sf. of common living area. On the second floor with nine (9) occupants a minimum of 220 sf. of common living area shall be provided. The applicant has proposed in excess of 350 sf. of common living area. ‘Restroom facilities have been provided in compliance with minimum requirements of the ordinance. ‘Based upon the analysis above, staff finds that the project is consistent with the proposed use and development standards and recommends approval of the proposed conditional use/site plan amendment. This shall include the restoration of the stormwater management measures as indicated by the Town Engineer. ‘PLANNING BOARD RECOMMENDATION At its November 21, 2017 meeting, the Planning Board voted unanimously to recommend approval of the proposed conditional use/site plan amendment with the condition that the stormwater management measures be restored back to the original approved plan as indicated by the Town Engineer. ‘In review of this application, the Board of Commissioners are required to make the following affirmative findings of fact for this and all conditional use applications: 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.” Notice of the Public Hearing was published in the Coastland Times on Wednesday, December 27, 2017 and on Wednesday, January 3, 2018 as required by law. Comr. Fuller questioned why nothing was included in the backup materials related to septic health approval; Ms. Wyatt explained that there was nothing related to septic health because it would not impact it’s approval – septic health permit is required by Dare County which would be required by the applicant when submitting a building permit application. Comr. Fuller said that he can’t make a final determination without its approval. Applicant Mark Kasten spoke re: the septic system; the engineer Mike Robinson has indicated that he has discussed the project with Dare County and has a loose agreement that installing a specific type of septic system would be adequate; Mr. Kasten stated that an official approval letter has not yet been received; he emphasized Ms. Wyatt’s point that the project would not be able to proceed without approval from Dare County. Mayor Pro Tem Walters questioned when the Dare County septic approval will be received; Mr. Kasten explained that Mr. Robinson has to make sure elevations will work in line with the new system; he has no estimated time of when that approval will be received. Comr. Siers asked if there were any consideration of egress/ingress in back of the building for safety reasons; Mr. Kasten stated that the building is completely compliant with State Code. 11  Nags Head Board Meeting Minutes January 10, 2018 Jackie Chuan, Chair of the Chamber Housing Initiative Committee spoke in favor of the application; the Outer Banks is facing a crisis for both year-round and seasonal workers; smaller, modestly priced housing units are needed and this application meets that need. Margaret Cathey, 4303 S Croatan Highway - immediately adjacent south side property owner; she objected to approval of the conditional use permit; she stated that it was not pleasant when the building was occupied as a rental in the past. Property owner Henry Cathey was sworn in by Town Clerk Carolyn Morris. Henry Cathey, 4303 S Croatan Highway – immediately adjacent south side of the property; he expressed his main concern that there has been no mention of any security for the building/residents at the proposed dormitory building - a building that could house one or 25 people; people will be in/out of the building and he wants to make sure that there is security and that someone is overseeing the dormitory. Mr. Kasten stated that he has gone through the process to permit this use in this location - to make it a functional building that would not be overwhelmed at that site; he feels like a lot of the concerns mentioned have been addressed. Comr. Fuller had several questions/comments: - He is not in favor of the definition of dormitory which allows for two uses - multi-family and dormitory – on one site; Ms. Wyatt displayed the text amendment adopted October 2017. - Ms. Wyatt said that the intent was to have sleeping areas and then communal living areas – to include the proper number of bathroom facilities. - Comr. Fuller confirmed that you can’t have a bedroom where the only access is through another bedroom. He did not see any information that provided the dimensional requirements of each room and questioned how the Board can determine if what was submitted meets that definition; he would like to see the actual dimensions of each wall – Town Manager Ogburn stated that if the Board would like to see that, then staff can start providing that information. - Comr. Fuller asked if there was sufficient information to make a determination that there is appropriate wastewater on site today while the Board reviews this conditional use; Ms. Wyatt explained that this has been discussed with Dare County; she feels that the Board can rest assured that this will not move forward without the required septic findings. In response to Comr. Fuller, Attorney Leidy stated that he does not see where the applicant has to have its septic permit issued at this stage since the building permit requires septic disposal plans which staff would review prior to issuance of a building permit. Mayor Pro Tem Walters confirmed with Attorney Leidy that at this stage, to obtain a conditional use permit, the information received is adequate. Comr. Fuller stated that he does not feel that he has adequate information to make that decision. There being no one else present who wished to provide evidence, Attorney Leidy concluded the Public Hearing at 10:58 a.m. MOTION: Comr. Cahoon made a motion to approve the conditional use application submitted by James Rose to convert the existing multi-use structure at 4301 S Croatan Highway into “Dormitory, Multi-family, Mixed Development” with the following required findings of fact: 12  Nags Head Board Meeting Minutes January 10, 2018 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. And to include the condition that the stormwater management measures must be restored back to the original approved plan as indicated by the Town Engineer. The motion was seconded by Comr. Siers. Comr. Cahoon said that she had also expressed concern about septic health and the Dare County Health Dept. permit but it had been clarified for her. CONTINUATION OF MOTION: The motion passed 3 – 1 (Comr. Fuller cast the NO vote.) (Mayor Cahoon was recused.). RECESS and RECONVENE The Board recessed at 11:00 a.m. and reconvened at 11:10 a.m. Mayor Cahoon returned to the Board meeting. Public Hearing to consider conditional use/site plan amendment submitted by Verizon Wireless for the placement of concealed building mounted wireless communication facilities on the rooftop of Comfort Inn South. The property is zoned CR, Commercial Residential and is located at 8031 S Old Oregon Inlet Road Town Attorney John Leidy introduced the Public Hearing to consider a conditional use/site plan amendment submitted by Verizon Wireless for the placement of concealed building mounted wireless communication facilities on the rooftop of Comfort Inn South located at 8031 S Old Oregon Inlet Road at 11:10 a.m. He explained that the Board sits as a quasi-judicial body and must make its decision: 1) based on competent material and substantial evidence - and those presenting must be sworn in 2) based on information presented, and 3) Board members must be recused if there is basis for believing that they would not be able to be an impartial decision maker - to include a commissioner having a fixed opinion not susceptible to change. Attorney Leidy confirmed with Board members that they have nothing to disclose nor have any impartiality with the discussion. He reviewed the quasi-judicial procedures. Sworn in by Town Clerk Carolyn Morris were: Dep Town Manager Andy Garman, Dep Planning Director/Zoning Administrator Kelly Wyatt, Verizon representatives David Beniamino and Steve Romine. Dep Planning Director/Zoning Administrator Kelly Wyatt summarized her staff report which read in part as follows: “Applicant: Verizon Wireless ‘Application Request: Conditional Use/Vested Right/Site Plan Amendment. 13  Nags Head Board Meeting Minutes January 10, 2018 ‘Purpose: Co-location of new concealed building mounted wireless communication facility. ‘Property Location: 8031 S. Old Oregon Inlet Road, Nags Head. ‘Existing Land Use: Comfort Inn South Hotel ‘Zoning Classification of Property: CR, Commercial Residential Zoning District. ‘Zoning Classification of Surrounding Properties: Properties to the north and south are also zoned CR, Commercial Residential and are developed residentially. Properties to the west are zoned C-2, General Commercial and are developed residentially and vacant. ‘Flood Hazard Zone of Property: VE 11+1’ freeboard, ground equipment in conjunction with this application including the generator must be elevated to 12 ft. msl. ‘Land Use Plan Map/Policies: The Future Land Use Map within the 2017 Comprehensive Plan classifies this property as Oceanfront Mixed Use. This proposal is consistent with this land use classification. ‘SPECIFIC INFORMATION ‘Applicable Zoning Regulations: Town Code of Ordinances, Chapter 48, Article XI, Section 48-405(c), Conditional Uses within the CR, Commercial Residential District. • Use Regulations: Concealed building-mounted antenna is a Conditional Use within the CR, Commercial Residential Zoning District. • Lot Coverage- Allowable lot coverage for commercial applications within the CR, Commercial Residential Zoning District is 40 percent of the total lot area. This property is oceanfront whereby the town code specifies that lot coverage calculations shall be determined using the area located westward of the CAMA first line of stable natural vegetation or, in the case of the nourished beach area, the static line. A survey is included in the submittal documents. However, this survey does not provide the lot coverage percentage in relationship to the static line. Rudimentary calculations by planning staff indicate that lot coverage on this property is significantly greater than 40% of the area west of the static line. When this property was developed in 1974, it was likely compliant. However, due to erosion, the first line of stable natural vegetation has moved westward and lot coverage has become noncompliant. The entirety of the work associated with this application will occur on the rooftop and not result in additional lot coverage. In the absence of a permanent generator, Verizon has determined that an additional battery cabinet will be required on the rooftop to ensure at least eight hours of battery backup. • Building Height- The maximum allowable height for hotels within the CR, Commercial Residential District is 60 ft. However, this hotel was constructed prior to the establishment of these height limitations. As noted in the elevation sheets included in your packet, the top of the existing parapet wall is 67.6 ft. in height with the elevator shaft extending to 85 ft. in height. While both of these features are noncompliant, the placement of the concealed antenna as well as the two equipment cabinets will not extend beyond 76.5 ft. Town Code Section 48-81(b)(5), Exclusions from height, states that structural elements used to conceal the antenna shall not exceed more than 15 feet above the roof line of the building and shall be located away from the roof edge in order to be invisible from the ground. This proposal is compliant with the height regulations. 14  Nags Head Board Meeting Minutes January 10, 2018 • Architecture Design Standards: The regulations for concealing the antenna and associated equipment are included in the definition provided below: Concealed building mounted antenna means a building mounted antenna or antenna array which is concealed by but not limited to, being located beneath the roof line, being screened behind an opaque facade, or blended into the building structure with faux windows, dormers or other architectural features that appear as part of the existing or proposed structure so that the antenna or antenna array is not visible by ordinary observation from the ground at the perimeter of the property boundary in any direction (360 degrees). The new antennas are proposed to be attached to the elevator shaft and will be screened by architectural elements similar to the elevator shaft. They will visually appear to be a minor expansion of the shaft itself. The equipment cabinet cannot be screened structurally therefore the applicant has proposed to paint the cabinet the same color as the principal structure to blend the appurtenance visually into the existing structure. The cabinet housing the batteries is significantly smaller than the equipment cabinet. In order to provide the Planning Board and Board of Commissioners with a point of reference, the applicant constructed a box to replicate the dimensions of the cabinet and placed it on the rooftop in order for staff to see it and obtain photographs. Those photographs are included in the packet. Based upon the elevations provided for concealment of the antenna and visual inspections of the mock-up of the equipment cabinet, staff submits that the new facilities will be adequately screened and/or blended into the existing appearance of the hotel. Staff would also submit that the cabinet is not visible at all from the property boundary and only becomes visible for a brief period as you approach Jennette’s Pier moving southbound. Additionally, the cabinet housing the batteries will not be visible from the ground. • Parking: No additional parking is required for this application. • Buffering/Landscaping: The placement of concealed building mounted facilities does not necessitate compliance with buffering and landscaping codes. • Lighting: This application does not require additional lighting and no additional lighting has been requested or proposed at this time. • Signage: No signage has been requested for this application. ‘Water and Sewage Disposal: Approval by the Dare County Health Department is not applicable for this request. ‘Stormwater Management: The scope of work of this application does not necessitate stormwater management compliance. ‘Traffic Circulation: Existing traffic circulation patterns are not altered by this request. ‘Fire: The Fire Department has reviewed and approved the proposed scope of work. This 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: Public Works has reviewed and approved the proposed site plan as presented. 15  Nags Head Board Meeting Minutes January 10, 2018 ‘ANALYSIS AND STAFF RECOMMENDATION ‘Staff finds that the proposed project is consistent with the required use and development standards. Staff recommends approval of the Conditional Use/Vested Right/Site Plan Amendment as presented. ‘In review of this application, the Board of Commissioners are required to make the following affirmative findings of fact for this and all conditional use applications: 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.” Notice of the Public Hearing was published in the Coastland Times on Wednesday, December 27, 2017 and on Wednesday, January 3, 2018 as required by law. Ms. Wyatt corrected her staff report as the applicant has, since the Planning Board meeting, removed their request for a generator/pad and the information in her report concerning elevation for a generator is, therefore, no longer relevant. Comr. Fuller confirmed with Ms. Wyatt that none of the construction is to be located east of the CAMA setback line and that the equipment will not conflict with the Town’s height ordinance. Steve Romine, local attorney for Verizon, spoke on behalf of the applicant; he noted that Verizon Zoning Manager David Beniamino was also present; there has been such an increase in demand and in the usage of wireless communications that the physical structure has to be increased to include adding antennae to the roof of the Comfort Inn South building; he summarized Verizon’s request to add their antenna to the structure and to not modify CAMA setback; 1) they comply with the height limits, 2) there will be no increase in lot coverage, and 3) their proposal meets the concealment standards set forth in the ordinance. There being no one else present who wished to provide evidence, Attorney Leidy concluded the Public Hearing at 11:32 a.m. MOTION: Comr. Fuller made a motion to approve the request for a conditional use/site plan amendment submitted by Verizon Wireless for placement of concealed building mounted wireless communication facilities on the Comfort Inn South rooftop as presented – with the following required findings of fact: 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. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. 16  Nags Head Board Meeting Minutes January 10, 2018 Public Hearing to consider conditional use application submitted by Ms. Sarah Letchford for a Massage Therapy Facility to locate in an existing Office/Retail Group Development (South Beach Plaza) - the property is zoned C-2, General Commercial and is located at 2420 S Croatan Highway, Nags Head Town Attorney John Leidy introduced the Public Hearing to consider a conditional use application submitted by Sarah Letchford for a massage therapy facility in an existing office/retail group development (South Beach Plaza) at 11:33 a.m. He explained that the Board sits as a quasi-judicial body and must make its decision: 1) based on competent material and substantial evidence - and those presenting must be sworn in 2) based on information presented, and 3) Board members must be recused if there is basis for believing that they would not be able to be an impartial decision maker - to include a commissioner having a fixed opinion not susceptible to change. Attorney Leidy confirmed with Board members that they have no conflicts which would keep them from being an impartial decision maker and nothing to disclose. He reviewed the quasi-judicial procedures. Town Clerk Carolyn Morris swore in the following persons: Dep Planning Director/Zoning Administrator Kelly Wyatt; Dep Town Manager Andy Garman; Dep Fire Chief Shane Hite; and Applicant Sarah Letchford. Dep Planning Director/Zoning Administrator Kelly Wyatt summarized her staff report which read in part as follows: “Applicant: Ms. Sarah Letchford ‘Application Request: Conditional Use Application/Change of Use ‘Purpose: Locate a Massage Therapy Center within an existing Office Retail Group Development (South Beach Plaza) ‘Property Location: 2420 S. Croatan Highway, Nags Head, Suites E & F ‘Existing Land Use: Office Retail Group Development (South Beach Plaza) ‘Zoning Classification of Property: C-2, General Commercial Zoning District ‘Zoning Classification of Surrounding Properties: Property to the east, directly across U.S. 158 is zoned C- 2, General Commercial (Outer Banks Sports Club). Property to the north is zoned C-2, General Commercial (Vacant). Property to the west is zoned R-2, Medium Density Residential and developed residentially. Property to the south is zoned C-2, General Commercial (Hornthal, Riley, Ellis & Maland). ‘Land Use Plan Map/Policies: Land Use Plan classification is General Commercial. The proposal is consistent with this land use classification. ‘SPECIFIC INFORMATION Applicable Zoning Regulations: • Use Regulations: Massage Therapy Center is a conditional use in the C-2, General Commercial Zoning District (Section 48-407(c)(17) see attached). Town Code Chapter 12 regulates the licensing and approval of massage therapists. The conditional use requirements within the zoning ordinance reference compliance with Chapter 12. Chapter 12 (see attached) requires that massage therapists apply for a privilege license with the town. In order to receive the privilege license, a criminal background check is performed. The applicant must also have the requisite state licensing 17  Nags Head Board Meeting Minutes January 10, 2018 for massage therapists. Chapter 12 requires the background check information to be submitted to the Board of Commissioners prior to the issuance of the privilege license. The Nags Head Police Department has completed the required background check and no issues or concerns have been identified. With this, the Board of Commissioners may consider approval of the massage therapy business license application in order for the tax collector to then issue the business license. There are no other ordinance conditions associated with this use. ‘Zoning regulations: No changes to the exterior of the building or the site are proposed. Therefore, lot coverage, building height, architectural design, lighting, and landscaping remain compliant. Parking for office/retail group development is as follows: For restaurant use one parking space per 55 square feet of customer service area and for all office and retail occupancies one space for each 300 square feet of gross floor area. ‘This use would not require additional parking. No signage has been proposed at this time, however any signage proposed in the future must be reviewed and approved prior to installation. ‘Stormwater Management: The stormwater management plans for this building have been previously approved and will not be affected by this request. ‘Fire: The project will be required to comply with all applicable NC Fire Prevention Code requirements as part of building permit application review and issuance. ‘ANALYSIS This item represents a change of use to a conditional use but does not involve any exterior building modifications or site work. The conditional use is required simply to verify compliance with state and local licensing requirements. This use should be approved as long as the applicant can secure the requisite licenses. ‘STAFF RECOMMENDATION Based upon the above review, staff recommends approval of this conditional use application as presented contingent upon receipt of a privilege license from the Town and demonstration of appropriate licensing from the State of North Carolina. ‘PLANNING BOARD RECOMMENDATION At its December 12, 2017 meeting, the Planning Board voted unanimously to recommend approval of the Conditional Use Application as presented contingent upon obtaining a privilege license from the Town and the appropriate licensing from the State of North Carolina. ‘In review of this application, the Board of Commissioners are required to make the following affirmative findings of fact for this and all conditional use applications: 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.” Notice of the Public Hearing was published in the Coastland Times on Wednesday, December 27, 2017 and on Wednesday, January 3, 2018 as required by law. 18  Nags Head Board Meeting Minutes January 10, 2018 Applicant Sarah Letchford stated that the process to obtain Town approval is new to her but the business is not as she has been in business for the past seven years; she will continue to uphold her high ethics in her massage therapy center; she emphasized the professional use of her proposed massage therapy center. There being no one else present who wished to provide evidentiary evidence, Attorney Leidy concluded the Public Hearing at 11:43 a.m. MOTION: Mayor Pro Tem Walters made a motion to approve the conditional use application submitted by Ms. Sarah Letchford for a Massage Therapy Facility to locate in an existing Office/Retail Group Development (South Beach Plaza) and to approve the Town-required business registration application as presented with the following required findings of fact: 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. The motion was seconded by Comr. Cahoon which passed unanimously. OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS From Nov 1, 2017 Board meeting – Report on W Morning Dove Court easement The agenda summary sheet read in part as follows: “At the November 1st Board of Commissioners meeting Town Manager Ogburn brought forward for discussion the possible closure of W Morning Dove Ct and release of associated easements – He explained that two of the four adjacent property owners have asked the Town if it would be willing to vacate the street. It was Board consensus to explore the minimum conveyance of property on W Morning Dove Court that would alleviate the hardship of a corner lot and to research what the Town can and cannot do in this situation – and to return to the Board for further discussion. ‘At the January 10th Board of Commissioners meeting this item will be discussed in further detail.” Town Manager Cliff Ogburn displayed the map of W Morning Dove Court in the Vista Colony neighborhood on the screen. He introduced Phil Lloyd who is an adjacent property owner and his property was identified on the screen. Phil Lloyd, 2820 S Pamlico Avenue; he said that he has improved his property over the years and requests that the Town adopt a resolution claiming its intent to remove the easement on the unimproved right-of- way. Points to consider: 1) the right of way has never been used as a road and is not needed as a means of egress/ingress, 2) it has not been paved or used by the Town, 3) no utilities are located in that area, 4) the original easement is not consistent with its current use; 5) there is no further development and no need for the right-of-way – the Nature Conservancy blocks further development. Mr. Lloyd proposed that 19  Nags Head Board Meeting Minutes January 10, 2018 the best use for this right of way is for the adjacent properties to claim it and pay taxes on it; he is very proud of his home and will be happy to make further improvements to his property; he asked the Board if the easement is not removed, if they would approve a decrease in his side yard setbacks. Comr. Siers confirmed with staff that some relief could be given and those property owners could do what they want. Comr. Cahoon and Mayor Pro Tem Walters were also in favor of some type of setback relief - but not in eliminating/abandoning the Town property/paper street. Comr. Fuller stated that he has not heard any compelling reasons to give up the Town street but is in favor of giving those property owners some relief on setback. MOTION: Comr. Cahoon made a motion to ask staff to investigate a potential text amendment in the R- 2 District as relates to paper streets and setbacks. The motion was seconded by Comr. Siers. Comr. Fuller verified with Board members/Town Attorney that this is a general investigation district-wide and not for a specific property. CONTINUATION OF MOTION: The motion passed 4 – 1 with Comr. Fuller casting the NO vote. REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR Project Update - FOCUS Nags Head Technical Committee Planner Holly White summarized the agenda summary sheet which read in part as follows: “The consultant has delivered draft Appendix A- Definitions, Article 5 Nonconformities, and Article 6 Zoning Districts (including the Table of Permitted Uses). The committee received the draft Articles on November 28th and is finalizing review of the documents. Staff has already completed a review and commented on the drafts. The Technical Committee will meet again on Monday, January 29th to discuss their comments on the draft.” Appointment to FOCUS Technical Committee Mayor Cahoon summarized the two appointments being requested – the position on the Nags Head FOCUS Technical Committee needs to be restored – his former position on that committee. In addition the appointment of Board liaison to that committee is being requested. MOTION: Comr. Siers made a motion to appoint Mayor Cahoon as the Board liaison to the FOCUS Nags Head UDO Technical Committee and to add Marvin Demers to a position on the Committee. The motion was seconded by Mayor Pro Tem Walters and Comr. Cahoon which passed unanimously. NEW BUSINESS Committee Reports Comr. Cahoon – Local Business Committee Comr. Cahoon reported that the Local Business Committee met in December 2017 and began discussions concerning workforce housing. 20  Nags Head Board Meeting Minutes January 10, 2018 Mayor Pro Tem Walters – Dare County Tourism Board Mayor Pro Tem Walters finished her term on the Dare County Tourism Board effective December 31, 2017 and thanked the previous Board for giving her that very rewarding opportunity. She reported that the Dare County Board recently appointed Comr. Fuller as the new Nags Head representative on the Tourism Board. Consideration of amendment to the Traffic Control Map Police Chief Kevin Brinkley summarized his memo which read in part as follows: “Martin Matko, owner of the home located at 111 East Gulfstream, is requesting a no parking zone near his residence and also at the corner of E. Gulfstream Way and Old Oregon Inlet Rd. ‘Gulfstream Beach Access is a popular location for our visitors and residents. The parking spaces in the access quickly fill up on summer days and once the lot is full, people oftentimes use the right of way for parking. ‘Mr. Matko has had several parking conflicts over the last couple years. In an effort to help with these issues, no parking signs were erected on either side of Mr. Matko’s driveway, but unfortunately the problems continued. ‘The attached pictures, provided by Keith Sawyer, clearly show how cars line the right of way of Gulfstream Way causing line of sight issues for motorists traveling in this area. ‘I have spoken with Town Manager Ogburn about the parking in this area and would like to recommend the following changes to the town’s traffic control map. A “No parking-tow away” zone be established from 20 feet west of the driveway at 111 Gulfstream Way east to Old Oregon Inlet Road and south to the driveway located at 8004 Old Oregon Inlet Road. ‘I will be available during the meeting to answer any questions.” MOTION: Comr. Fuller made a motion to approve the Traffic Control Map amendment by adopting the ordinance designating a No Parking – Tow-Away Zone 20’ west of the driveway at 111 Gulfstream Way – east to Old Oregon Inlet Road – and south to the driveway at 8004 Old Oregon Inlet Road - as presented. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. The ordinance amending the Traffic Control Map, as adopted, read in part as follows: “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 a No Parking – Tow Away Zone designation be established from 20’ west of the 111 Gulfstream Way driveway - east to Old Oregon Inlet Road – and south to the 8004 Old Oregon Inlet Road driveway. ‘PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 21  Nags Head Board Meeting Minutes January 10, 2018 ‘PART III. This ordinance shall become effective upon notation being made on the Nags Head Traffic Control Map and the erection of appropriate signage.” ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER Town Manager Ogburn - Project Update - Dowdy Park Phase II Town Engineer David Ryan summarized his update on Dowdy Park Phase II/III which read in part as follows: “At their September 11, 2017 meeting the Board of Commissioners reviewed and approved the Dowdy Park Phase II/III concept site development layout, with several minor amendments noted. Since this time, Town staff has been working with the design team of CLH Design, Beacon Architecture and Pace Collaborative, towards developing a preliminary project schedule. The initial scope of work described in the schedule has commenced with the preparation of Construction Documents, which is currently in progress. ‘Attached for the Board’s reference is a copy of the Dowdy Park Phase II/III Preliminary Project Schedule in conjunction with a copy of the Phase II/III Concept Site Development Layout. ‘It should be noted that additional professional services may be necessary to be provided by the design team in order to meet the timelines established in the bidding and construction phases of the project. Staff is currently working on compiling a list of professional services necessary for project completion. A request for supplemental funding to support the additional services may be presented at a future meeting for Board consideration.” Comr. Fuller questioned the location of the only comfort station which is on the west portion of the site; he would like to see a comfort station near the shed (on the east side of the site) also. Mayor Pro Tem Walters responded that placing the comfort station where it is currently located was the most cost-effective and in the most appropriate location. She is not sure that funds are available for an additional comfort station at this time. Mayor Cahoon asked if attention has been given to how materials will be transported to areas of the park during future development/construction of the park – to avoid as much as possible traveling on the paths; Town Engineer Ryan stated that separating construction from the park use has been considered and is being discussed. Town Manager Ogburn – NC Wildlife Resources Commission requesting comments re: coyotes Town Manager Ogburn reported that the NC Wildlife Resources Commission is requesting public comment on its Draft Coyote Management Plan – comments will be accepted through February 9, 2018. He noted that the Plan was prepared at the request of the NC General Assembly to address the impacts coyotes are having on citizens, industries, and other native wildlife species. The document can be viewed at the NC Wildlife Resources Commission web site and comments can be submitted by email to coyotemgtplan@ncwildlife.org or mailed to the NC Wildlife Resources Commission in Raleigh. Town Manager Ogburn stated that town staff will include the Commission’s press release with additional details on the Town’s web site and via social media links. Mayor Cahoon emphasized making sure all residents are informed of the draft Coyote Management Plan and the request for comments. 22  Nags Head Board Meeting Minutes January 10, 2018 It was Board consensus to have the Mayor prepare and forward a letter, on behalf of the Board, to the Wildlife Resources Commission detailing the Town’s concerns with coyotes – and that the letter be entered into the record of these minutes. The letter, as forwarded to the NC Wildlife Resources Commission, is attached to and made a part of these minutes as shown in Addendum “D”. Town Manager Ogburn – Community Watch Luncheon Police Chief Brinkley thanked all businesses who contributed to the Community Watch Luncheon which took place in December 2017. The businesses were listed and displayed on screen. He reported that without their support and the support of all of the volunteers Community Watch would not be as successful as it is. BOARD OF COMMISSIONERS AGENDA Comr. Renée Cahoon – Consideration of Local Programming Development Initiative grant from CurrentTV The agenda summary sheet read in part as follows: “For Fiscal Year 2017-2018, the Dare County Government/Education Channel’s Local Programming Development Initiative is offering a $10,000 grant to each member. The Town would like to apply for the full $10,000 to create five to seven separate videos, each about 3-5 minutes long. Attached please find the LPDI application.” MOTION: Comr. Cahoon made a motion to authorize staff to apply for the $10,000 LPDI grant from CurrentTV in order to produce videos. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. Comr. Cahoon – Recent snow storm event – water billing Comr. Cahoon reported that many have experienced high water bills due to freezing and bursting pipes; she does not want the Town to make money off of other people’s misery; the Town should recoup its money plus a nominal fee – the retail rate should not be charged. Town Manager Ogburn stated that he has spoken with staff and this billing cycle will capture this specific freezing period – they can adjust those leak adjustments on the previous policy – cost plus 10%. Comr. Cahoon suggested expanding this to the next two billing cycles. Mayor Cahoon asked staff to prepare a memo for clarification for him – in addition to a formal motion by the Board. MOTION: Comr. Cahoon made a motion to authorize staff to revert to the previous policy to address water leaks found during this prolonged period of freezing – for the next two water cycles. The motion was seconded by Comr. Fuller which passed unanimously. 23  Nags Head Board Meeting Minutes January 10, 2018 Comr. Cahoon – Recent snow storm event – NCDOT web site Comr. Cahoon reported that NCDOT’s web site had no information concerning current roadway conditions and the work being done to clear the roadways - during the recent snow storm. It was Board consensus that staff contact NCDOT concerning their 511 information failure during the recent snow storm event. Mayor Pro Tem Susie Walters – Discussion of offshore oil drilling Mayor Pro Tem Walters discussed with Board members the issue of offshore oil drilling – she spoke of a recent email from Outer Banks Surfrider Organization co-chair Matt Walker detailing the latest news concerning the issue. A new comment period began January 8, 2018 and all federal waters off of North Carolina (and the rest of the East Coast) are on the table. The process seems to be more expedited and there seems to be less interest in getting coastal input from the current administration – and more emphasis on pro-energy over hearing coastal concerns. Mayor Pro Tem Walters noted that in the past this Board has taken great steps to oppose offshore oil drilling beginning in 1989 – she asked that the current Board do the same and engage in the process to submit comments to BOEM, and to encourage citizens to do the same. She pointed out that there is only one scheduled public hearing in each state – for North Carolina it is Monday, February 26th in Raleigh. She said that many communities are considering joining a lawsuit to sue the government for over-reach and for not respecting state rights. It was reported that they have said they will not be drilling off the Florida coast stating that Florida is “unique”. Mayor Cahoon indicated that he would like to attend the February 26 meeting in Raleigh. It was Board consensus that Mayor Pro Tem Walters meet with staff and prepare a fresh resolution restating this Board’s position in opposition to offshore oil drilling. Comr. Cahoon suggested including the word “unique” in the resolution – for Board consideration at the February 7, 2018 Board meeting. Mayor Pro Tem Walters also asked for specific comments to be provided to her. Comr. Webb Fuller – Discussion of town preparedness for recent snow storm event Comr. Fuller thanked NC Power and Pam Pekrun and their group for pre-staging power trucks in case power went out – they were prepared. North Carolina Dept of Transportation’s plan in his opinion wasn’t good enough. He questioned how the Town interacted before this type of event with NCDOT to ensure the Town was ready and that the plan would actually be implemented – before the storm event. He questioned what staff does in its preplanning operations to make sure, specifically, US 158 and NC 12, are cleared. Town Manager Ogburn said that staff did not implement NCDOT’s plan - staff made sure it knew how to communicate with NCDOT but did not ensure and instead, trusted, that NCDOT would do what they said they would do. Comr. Fuller said that the Town has a couple of responsibilities, especially from a health care standpoint, that rely on NCDOT – a responsibility to make sure that the roadway to Peak Resources as well as the roadway to the major medical facility, the Outer Banks Hospital - is free and clear. Comr. Fuller requested that the Mayor/Manager further relationships with NCDOT to make sure these facilities are addressed in the future. 24  Nags Head Board Meeting Minutes January 10, 2018 Also, as a Board member, he did not receive any information from the Town; when the internet said that the Town was closed, he knew that the Town was actually not closed because Police/Fire/Public Works were working probably more than usual – in addition, many non-essential personnel were also working. He wants to make sure people know that the Town is working, but that some non-essential services will not be provided – he feels that this is more of a public information type of issue. MAYOR’S AGENDA Mayor Cahoon - Request from Coastal Resources Advisory Council (CRAC) for nominations Mayor Cahoon brought forward for discussion the letter from Coastal Resources Advisory Council (CRAC) asking for nominations from the Town. Comr. Fuller said that he would like to nominate the Currituck County Attorney, Ike McRee, whom he feels represents both coastal and inland interests. MOTION: Comr. Fuller made a motion to nominate Currituck County Attorney Ike McRee to the Coastal Resources Advisory Council. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. CLOSED SESSIONS #1 - Request for Closed Session to consider appeal of taxicab driver denial in accordance with Town Code Sec. 46-91. Appeals and GS 143-318.11(a)(1) Police Chief Brinkley reported that Ms. Jessica Urbano applied for a taxicab driver permit on November 30, 2017; after receiving additional information from her, he denied her request. MOTION: Comr. Cahoon made a motion to enter Closed Session pursuant to GS 143-318.11(a)(1) in order to receive confidential information as required by law. The motion was seconded by Mayor Pro Tem Walters. Mayor Cahoon - Board Retreat Mayor Cahoon reported that the Board will be in Retreat sessions next Thursday/Friday, January 18-19, 2018 to talk about the future of the Town of Nags Head and discuss critical goals and how to accomplish those goals. He asked if anyone from the public had any thoughts to please forward them to a Board member. #1 - Request for Closed Session to consider appeal of taxicab driver denial – Continued CONTINUATION OF MOTION: The motion to enter Closed Session pursuant to GS 143-318.11(a)(1) in order to receive confidential information, as required by law, passed unanimously. The time was 12:44 p.m. OPEN SESSION The Board re-entered Open Session at 1:09 p.m. 25  Nags Head Board Meeting Minutes January 10, 2018 Attorney Leidy reported that the Board did consider confidential information and the only action taken was to recess. MOTION: Comr. Fuller made a motion to table the matter of Ms. Urbano’s taxicab driver denial until the next regular Board of Commissioners meeting on February 7, 2018. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. #2 and #3 - Request for Closed Session to consider Closed Session minutes from Jul – Dec 2017 – in accordance with GS 143-318.11(a)(1) / Request for Closed Session to discuss the acquisition of property located at 9828 E Surfside Drive in accordance with GS 143-318.11(a)(5) CLOSED SESSION MOTION: Mayor Pro Tem Walters made a motion to enter Closed Session pursuant to GS 143- 318.11(a)(1) to approve and consider July – December 2017 Closed Session minutes and their disposition to open/seal; and pursuant to GS 143-318.11(a)(5) to consider the potential acquisition of property located at 9828 S Surfside Drive. The motion was seconded by Comr. Cahoon which passed unanimously. The time was 1:10 p.m. OPEN SESSION The Board re-entered Open Session at 1:35 p.m. Town Attorney Leidy reported that during Closed Session the Board approved Closed Session minutes and their disposition to open/seal and also took action by giving instructions to the Town Attorney and the Town Manager concerning the acquisition of property but no other actions were taken. ADJOURNMENT MOTION: Mayor Pro Tem Walters made a motion to recess to the Board’s Retreat on Thursday, January 18, 2018 at 8:00 a.m. at 114 Sea Spray Court in the Village at Nags Head. The motion was seconded by Comr. Cahoon which passed unanimously. The time was 1:35 p.m. __________________________ Carolyn F. Morris, Town Clerk Date Approved: February 7, 2018 Mayor: _______________________ Benjamin Cahoon 26