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DRAFT TOWN OF NAGS HEADBOARD OF COMMISSIONERS

REGULAR MEETING AND PUBLIC HEARINGMarch 7, 2001

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, March 7, 2001.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem George Farah III; Comr. Doug Remaley; Comr. Brant Murray; and Comr. Paula Flynn

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Thomas White Jr.; Rhonda Sommer; Kim Kenny; Gary Ferguson; Bruce Bortz; Charles Cameron; Kevin Zorc; Skip Lange; John Richeson; Jim Northrup; Brad Eihlert; Fran Crutchfield; Rayfield Bowe; Julian Bobbitt, Jr.; Mary Winslow Bobbitt; Lita Katulski; Dave Masters; Ed Wilkins; Patty Marshall; Patsy Respess; Homer Duncan; Chris Seawell; Bob Walker; Mike Kelly; Reed Fisher; June Fisher; Bob Martin; Emily Workman; Jeff Scott; Eddie Goodrich; Malcolm Fearing; Pogie Worsley; Jo Whitehead; Crouse Gray; Sonny Cobb; Don Bailey; Jean Person; Michael Henry; Michelle Wagner; and Town Clerk Carolyn Morris

The meeting was called to order by Mayor Muller at 9:01 a.m. Mayor Muller noted that Town Attorney Tom White would not be in attendance because of the recent death of his uncle, Martin Kellogg.

Mayor Muller explained that at the recent Board Retreat, it was Board consensus to include the pledge of allegiance at every regularly scheduled Board meeting.

A moment of silent meditation was observed followed by the pledge of allegiance.

AUDIENCE RESPONSE – DAVID MASTERS

David Masters, resident of Old Nags Head Cove and town representative on the town’s Cable Franchise Renewal Committee; he congratulated the new Mayor, new Mayor Pro Tem, and new Commissioner; he provided a brief status of the cable franchise negotiations; five (5) towns and Dare County have passed cable ordinances; he expects contact from Custom Communications the first of March when the Committee will review counter offers; it appears that now the reading of the franchise agreement may take place around the April/May or May/June timeframe; he will distribute a draft copy of the agreement when it is received.

On behalf of the Board, Mayor Muller thanked Mr. Masters for all his efforts on the Cable Franchise Renewal Committee.

DRAFT BOC Meeting MinutesMarch 7, 2001

AUDIENCE RESPONSE – MIKE KELLY – OCEANFRONT COMMERCIAL PROPERTIES

Mike Kelly, resident of Nags Head and owner of three (3) restaurants; he is concerned about the eroding/loss of oceanfront commercial property; there have been approximately 200 structures lost; pending is the loss of 37 motel rooms at Cabana East and he is unsure about Jennette’s Pier; a lot of property has been downzoned from commercial to residential; feels that this issue needs to be addressed by the Board; he is concerned that in ten (10) years we will have no commercial properties to speak of; he noted the public hearing today to modify a significant portion of C-2 zone to R-1 zone; there are several new hotels in the northern Outer Banks, but none in Nags Head; feels that the town has the expertise to address this issue; he noted an article in the Outer Banks Sentinel newspaper addressed to the editor complaining that an Outer Banks visitor won’t be back because they are unable to stay for short stays as more hotels are being torn down; feels it would be an interesting exercise to explore the amount of commercial property going to residential and vice versa; understands that zoning is a very political issue but feels that all issues can be addresses and taken care of; he is pleased to be a citizen of Nags Head; he noted the professionalism of the Planning staff as well as the rest of the town infrastructure; he would be glad to discuss this issue with anyone interested.

AUDIENCE RESPONSE – BOB MARTIN – GALLERY ROW

Bob Martin, Nags Head resident, lives on Gallery Row and runs a business; his district was intended to permit the development of residential with limited commercial which he believes has been accomplished on Gallery Row; he is concerned about safety with up to 100 persons walking in the area in the evenings during the summer season; he distributed a handout and asked the Board to review his handout; he requests that the Board include in the next Capital Improvement Program (CIP) process the addition of sidewalks and lighting which he feels will benefit tourists and locals alike; he thanked the Board for consideration of this request.

AUDIENCE RESPONSE – ED WILKINS – FERAL CATS

Ed Wilkins, member of the Board of Directors (BOD) of The Village at Nags Head and president of the Property Owners Association of Linkside; speaking on behalf of the BOD about concerns with feral cats which exist on the west side of the Village directly behind Outer Banks Mall; there have been two (2) documented cases of cat bites in the Village; there have been recent citings of kittens; they are concerned about the safety and health of homeowners and their guests; there have been known cases of feline aids and felines killing ducks; as the cat population grows, people, other pets, and the wildlife are in danger; would like the town to address this issue again and find a permanent solution to this issue.

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AUDIENCE RESPONSE – PATTY MARSHALL – FERAL CATS

Patty Marshall, Nags Head resident, stated that the cats that are behind the Outer Banks Mall are from owners who leave their cats to fend for themselves; the cats do not bother anyone as they are just trying to survive in this world like everyone else; she feeds the cats and has them neutered and spayed and keeps them healthy by getting them their shots; feels taking care of the cats is a better solution than destroying them; they are not feral cats as they belong to someone; the cats receive a notch in the ear showing that they have been spayed and neutered; she hopes people agree with her that you cannot kill someone else’s cats; difficult to get near feral cats and the only way to get bitten is to corner a cat; domestic cats will bite if a person is rough with them.

AUDIENCE RESPONSE – LITA KATULSKI – FERAL CATS

Lita Katulski, Feline Hope; questioned how Mr. Wilkins knows that the cats have tested positive for HIV; Mayor Muller asked Mr. Wilkins this question; Mr. Wilkins responded that this was reported; she stated that Feline Hope tests their cats for feline aids and feline leukemia; she distributed a handout for review.

AUDIENCE RESPONSE – PATSY RESPESS – FERAL CATS

Patsy Respess, Nags Head Cove; stated that she hates to see cats destroyed when someone has let them out; feels that the vets can get more involved; does not feel that going in and trapping the cats will solve the problem.

AUDIENCE RESPONSE – BOB OAKES – DARE COUNTY SALES TAX

Bob Oakes, Nags Head resident; spoke in response to a letter printed in the newspaper from Mr. Gould in favor of the Dare County proposed 1% sales tax; he read his response to Mr. Gould’s letter; he believes that there will be negative impact on the tourists if the increase is approved; Dare County has enjoyed an increase of tourism in recent years and every rental home adds to the tax base; renters pay 10% on all rentals; there are many jobs related to the rental business; the tourism industry creates opportunities and jobs and he feels that this tax will negatively impact the tourism business that the County currently enjoys; there would be a major impact on the economy if the rental business diminished on the Outer Banks; he hopes that the Board will go back to the drawing board and reconsider supporting this tax increase; it will not just be the out-of-town tourists that will suffer.

AUDIENCE RESPONSE – RICK FARMER – FERAL CATS

Rick Farmer, spoke concerning the feral cats issue but noted that although he is an employee of SeaMark Foods, he was not representing SeaMark Foods; he asked the

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Board to show compassion to Patty Marshall; he said that he has seen Ms. Marshall catch the cats and have them spayed and neutered and taken good care of the cats; he asked the Board to please think carefully about this issue as he feels that the cats have a right to be here also.

There being no one else present who wished to speak, Mayor Muller announced Audience Response closed.

It was Board consensus to respond to Audience Response issues at the end of the meeting. He summarized the issues to be discussed as follows: the commercial property issue brought forward by Mike Kelly, the CIP for Gallery Row brought forward by Bob Martin, and the feral cat issue brought forward by Ed Wilkins.

INTRODUCTION OF NEW EMPLOYEE

On behalf of the Board, Mayor Muller welcomed new Police Officer, Brad Eihlert, to town employment. Mr. Eihlert began employment with the town on January 26, 2001.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

On behalf of the Board, Mayor Muller congratulated the following three-year service employees and presented them with a cross pen: Fran Crutchfield, Administrative Services, who began employment with the town on February 4, 1998; and Rayfield Bowe, Public Works, who began employment with the town on February 18, 1998.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Budget Adjustment #9 to FY 00/01 Budget- Tax Adjustment Report- Training language revision to contract with Volunteer Fire Department- Resolution to surplus town equipment- Request for Order of Advertisement- Tax Delinquent Report- Capital outlay request for Fire Division- Change in fixed asset capitalization policy- Consideration of Government Access Channel agreement- Request for public hearing to consider proposed amendments to Section 22-

153 Definition of Specific Words and Terms, and Section 22-834 Hotel District of the Nags Head Code of Ordinances to allow health clinics, and birth centers as an accessory use to health clinics

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Mayor Muller stated that staff has requested that consideration of the Government Access Channel (GAC) agreement be removed from the Consent Agenda for further discussion by the GAC Committee.

MOTION: Comr. Remaley made a motion to approve the Consent Agenda with the removal of consideration of the Government Access Channel agreement. The motion was seconded by Comr. Murray which passed unanimously.

A copy of Budget Adjustment #9, as adopted, is attached to and made a part of these minutes as shown in Addendum “A”.

A copy of the Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum “B”.

The revised contract with the Volunteer Fire Department to include training language, as approved, is attached to and made a part of these minutes as shown in Addendum “C”.

The resolution to surplus town equipment, as adopted, read in part as follows:

“RESOLUTION AUTHORIZING THE DISPOSITION OF TOWN PROPERTY

‘WHEREAS, the Board of Commissioners of the Town of Nags Head, North Carolina desires to declare surplus and dispose of certain Town owned property.

‘NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head that:

‘(1) The following described Town owned property is hereby declared to be surplus to the needs of the Town of Nags Head:

‘GENERAL FUND

‘Department # Fixed Asset # Description

‘Administration420 402 Transcriber/Recorder

‘Public Works500 669 Computer Monitor555 Note #1 20-Ton Truck Jack555 Note #1 Sears Bubble Wheel 560 Note #1 Stihl Driveway Blower560 Note #1 Homelite 20" Chainsaw560 Note #2 Front-end Bucket for Backhoe560 Note #2 Hydro-Clipper Sickle Bar Mower560 Note #2 Backhoe Attachment 560 Note #2 60" Mower Deck (shell)

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580 23 1989 Ford Garb Trk580 131 1994 Crown Victoria, #6000580 6008 Jenny Steam580 Note #1 Poulan Chainsaw

‘Police610 781 Computer Workstation610 783 Vision File Server, 486-66DX610 784 Samsung Computer Monitor610 786 Computer Workstation610 787 Computer Workstation610 790 Computer Workstation610 793 Computer Workstation610 794 Samsung Computer Monitor610 795 Computer Workstation610 797 Samsung Computer Monitor610 798 Computer Workstation610 799 Computer Workstation610 858 P/B 300SX Worksta/Monitor610 2346 IBM Wheelwriter 5 typewriter730 708 Fax Machine (wet roll type)730 1689 Akron Brass Hose Coupling Exp.730 2353 IBM Wheelwriter 5 typewriter792 92 Kawasaki JetSki, 1997792 935 Honda ATV, 1996792 937 Honda ATV, 1997792 10274 Kawasaki JetSki, 1993792 10467 Kawasaki JetSki, 1992792 10604 Zodiac Jet Boat, 1995792 N/A 8000 lb. Winch, Jeep model792 N/A 8000 lb. Winch, Warn model

‘WATER FUNDWater Plant810 N/A Chain Link Fence Gate810 6597 US Motor 75hp Pump Motor 810 6705 Bristol Strip Chart Recorder818 38 1987 Ford F-350 pickup truck818 Note #1 Mud Hog Pump

‘Note #1 Item not on MUNIS system.Note #2 Item was part of original equipment on another fixed asset.

‘(2) The Town Manager or his designee is hereby authorized to dispose of the listed items by any legal means allowable to include: donation to a non-profit organization, offering for sale at the next town public auction, Internet on-line offering, upset bid process, by destroying, etc.

‘ADOPTED THIS 7TH DAY OF MARCH 2001.”

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The request for order of advertisement, as approved, read in part as follows:

“In accordance with N.C.G.S. #150-369 (a) & (c), it is requested that the Board approve the following:

“(c)…. The Municipal tax collector shall advertise municipal tax liens by posting a notice of the liens at the city or town hall and by publishing each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period of March 1 through June 30….”

‘With your approval, I plan to advertise the liens in the Coastland Times on March 13, 2001.”

The tax delinquent report, as approved, read in part as follows:

“The total amount of 2000 delinquent taxes that are liens on real property as of February 27, 2001 is $114,652.21, representing 501 properties. A list of these taxes will be available for review after March 7, 2001. Second notices were sent on 2000 taxes and on all prior year delinquent taxes on January 23rd.

‘It should be noted that 2000 delinquent tax dollars are 33% below the 1999 level. A focus on detecting transferred properties, mailing second notices earlier, and starting collection calls earlier have had a very beneficial impact.”

The memo concerning the capital outlay request for the Fire Division, as approved, read in part as follows:

“Your approval is requested for an unanticipated capital expenditure in the Department of Public Safety, Fire and Rescue Division. It is requested that authorization be granted to purchase fire hydrant water flow testing equipment in the amount of $695.00. This equipment is needed in order for the Town and the Fire and Rescue Division to conduct a proper, ISO required annual fire hydrant inspection and water flow pressure testing program.

‘As you are aware, a consultant was hired by the Town to review the Town’s present ISO rating and to make appropriate recommendations. An important part of the consultant’s recommendation was the purchase of the now requested water flow testing equipment. The consultant’s report was not received in time for a Capital Budget submission to be presented for consideration in the present year 2000/2001 Capital Budget request for the Fire and Rescue Division.

‘If approved, this fire hydrant water flow testing equipment would be used to water pressure flow test each fire hydrant in the town. After water pressure flow testing each fire hydrant would then be color-coded to comply with accepted ISO standards. Fire hydrant flow testing and inspection would then be conducted on an

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on-going annual basis as part of our required fire hydrant inspection and testing program.

‘Should this request be approved, it is recommended that funds be transferred from Fire and Rescue Division’s Departmental Supplies Account to cover the cost of the acquisition of this equipment. Staff is available to answer any questions that the Board of Commissioners might have.”

The memo concerning the change in fixed asset capitalization policy, as approved, read in part as follows:

“The present Town policy with respect to capitalization of fixed assets is the use of a $500 threshold for assets acquired with a useful life of five years or more. In its January 23, 2001 Memorandum concerning GASB 34 implementation, the Local Government Commission states, “at a minimum, even for small governments, capitalization levels should not be less than $1,000”. This suggestion has to do with the complexities and resultant costs involved in depreciating assets of small value as required under the new pronouncement. This request is brought to you now to enable the budget to be prepared in accordance with any change in the fixed asset policy for capital asset acquisitions.

‘For the reasons cited, your approval is requested on the increase of the capitalization level to $1,000, effective July 1, 2001.”

PUBLIC HEARING TO CONSIDER REQUEST TO REZONE THE LOTS BETWEEN US 158 AND NC 12 FROM EAST SOUNDSIDE ROAD TO DUNE STREET FROM C -2 GENERAL COMMERCIAL DISTRICT TO R-1 LOW DENSITY RESIDENTIAL DISTRICT

Planning Director Gary Ferguson summarized the Planning Board and Planning and Development staff memo dated February 26, 2001, which read in part as follows:

“The applicants, Cecelia Winslow and Francis Winslow are requesting the rezoning of approximately 12.4 acres of land located between the highways from Dune Street to Soundside Road from C-2 General Commercial to R-1 Low density residential (see map). The applicants own property in the area in question.

‘The applicants’ rezoning proposal is based on the following points: The area in question is located adjacent to the historic R-1 district which contains historic beach cottages that contribute to the town’s character and unique visual appeal. The applicants feel that the uses that could be permitted west of the R-1 district would detract from the historic ambiance of the R-1 district on the east side of South Virginia Dare Trail. The applicants are concerned that over time weather events and erosion will threaten the cottage row houses and result in the relocation of the houses on the west side of South Virginia Dare Trail. The applicants feel that the houses, if relocated in the western side of the beach road should not exist in the midst of surrounding commercial development.

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‘The following is a report pertaining to the proposed rezoning in relation to the Town’s vision statement, the Land and Water Use Plan and other aspects of the request:

‘Surrounding area:The 12.4 acres that are the subject of this rezoning proposal includes 38 individual lots. To the North, the subject area abuts East Soundside Road and more property zoned C-2. The eastern border abuts South Virginia Dare Trail which features many historic, ocean front properties zoned R-1 on the east side of the road. The western border of the subject area abuts the South Croatan Highway beyond which is an extensive undeveloped land area zoned R-2 from Soundside Road to the post office site (see map). The subject area abuts Dune street and the Surfside Plaza to the south.

‘Zoning Background and Existing land use:Three lots in the subject area are improved with commercial uses (Bad Barracuda’s restaurant, Tots and Toddlers Child Care Center, and a new mortgage office building). Three lots are improved with single family houses. The remainder of the properties are unimproved at this time. If the Winslow’s rezoning proposal is adopted, each of the commercially developed properties would become nonconforming uses. As nonconforming sites, they could not be enlarged and in the event they are destroyed over 50 percent of their county assessed tax value, could not be rebuilt.

‘Single family houses and duplexes are permitted uses in the C-2 district in accordance with the dimensional requirements of the R-3 district. The C-2 district is the largest and most permissive commercial district in the town. A wide variety of commercial uses are permitted in the C-2 district such as office, retail, automobile service stations and restaurants. Town wide, there are some 475 acres of land zoned C-2. One hundred and fifty-four acres or 32.4 percent of the Town’s commercially zoned land are as yet undeveloped according to the 2000 Land and Water Use Plan. The proposed rezoning area represents less than one percent of the Town’s total commercial acreage. The 2000 Land and Water Use plan states that currently, there is adequate land available for commercial development for the next 14 years (from 1997).

‘The properties in question have been commercially zoned since the early sixties. Likewise, the oceanfront properties east of the subject area were originally zoned commercial as well but later rezoned to R-1. The zoning ordinance permits the commercial development of nonconforming lots (lots smaller than the minimum commercial lots size of 15,000 square feet) in a commercial district. Most of the existing lots in the subject area would be nonconforming for commercial development but realistically too small to support businesses. Therefore, lots would most likely need to be recombined before businesses could be established in the area. The existing vacant lots in the area in question could also be developed with individual, single-family houses since single-family dwellings are permitted on non-conforming lots of record.

‘Proposed rezoning and consideration of the Town’s vision statement:

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The Town of Nags Head vision statement establishes the fundamental principals and values for the development of the Town. The vision statement reads in part:“We recognize the Town must be a good place to live before it can be a good place to visit. We recognize that those who have lived before us have forged our path and we must learn form them and respect their memory.”

‘And also states:“The Town of Nags Head is working to build a community with an economy based on family vacation tourism. The base of that economy is the rental of single-family homes.”

‘The intent of the Winslow’s proposal is to protect and enhance the Town’s unique architectural heritage. One could view this proposal as an attempt to honor our forebearers by promoting the preservation of architectural that is reminiscent of the town’s traditional Outer Banks ambiance. Also, the proposed rezoning from general commercial to low density residential could help protect the town’s historical resources and improve the town as a place to reside as well as visit. This proposal could help preserve one of the Town’s attributes most treasured by the visitors that are critical to the long term economic survival of the town. In staff’s opinion, the Winslow’s proposal supports the economic objective above.

‘Land Use Plan considerations:According to the Town of Nags Head Land Use Map, the land use classification for the subject properties is D-1 Developed. Within this classification, land can be expected to redevelop at the existing level of intensity. The proposed rezoning change under consideration, represents less intensive redevelopment than the D-1 classification anticipates. The Land and Water use plan contains many policy statements that support this rezoning request. (For full text of all the policies and goals please reference your copy of the 2000 Land and Water Use Plan) Some examples of these statements follow:

“The goal of the Town of Nags Head is to continue to grow primarily as a low-density, single-family residential community…” Chapter 15 Goal “The Town shall not increase and shall consider reducing the amount of land zoned commercial.” Chapter 15 policy #7 implementing action C. “…the Town shall carefully review any land use request or amendment for compatibility with the “district” and the Nags Head Image.” Chapter 7 Policy # 15.

‘Traffic considerations:The area for the proposed rezoning occupies approximately 1500 feet of frontage along US 158 and approximately 1600 feet of frontage along South Virginia Dare Trail. Both of these roads are major, state maintained thoroughfares which handle moderate to high volumes of traffic which fluctuates on a seasonal basis. The zoning ordinance controls direct commercial access to the highways (curb cuts, turning lanes, sight distance for example) based on the amount of highway frontage of each lot and the number of parking spaces in each parking lot.

‘If the subject area were rezoned to R-1 or any other residential district however, the zoning ordinance gives the Town very little control over the location and number of residential curb cuts. If the applicants proposal is adopted as written, the

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result could be a multitude of individual curb cuts to provide each residential lot direct access to one or both of the highways. If the existing lots in the subject area were developed with single family dwellings under today’s ordinance, the Town could face the same scenario of multiple curb cuts on the highways. In the near future staff will propose an amendment to the subdivision ordinance for the Planning Board’s consideration which will require residential lots to use shared access roads or public streets other than US 158, NC 12, US 64/164, or US 1243 for direct access.

‘The following public safety and transportation related statements from the 2000 Land and Water Use Plan are relevant to this proposed rezoning: According to the 2000 Land and Water Use Plan, a 1996 poll of citizens concerning growth and development revealed that 85 percent of the respondents felt that the Town should be limiting new driveways and streets entering US 158. Chapter 10 Traffic and Transportation “The Town will consider the impact on public safety during the review of site plans and during considerations of proposed changes to the zoning ordinance.” Chapter19 policy. “The Town will evaluate all future development for its impact on traffic congestion and manage development so as to minimize its impact on traffic…” Chapter 10 Traffic and Transportation policy # 1 “…the Town encourages development to exit on side streets rather than South Croatan highway.” Chapter 10 Traffic and Transportation policy # 1

‘In staff’s opinion, safety may be compromised as a result of encouraging numerous residential curb cuts (on the bypass especially), and drivers attempting to back out onto the highways from residential lots with potentially large dwellings on them. Also, from a planning perspective R-1 single-family development fronting on US 158 may be incongruous with the noise, glare, and generally unappealing appearance of high speed traffic thoroughfares. While several subdivisions such as Old Nags Head Cove, and North Ridge, and Seven Sisters contain lots that abut US 158, no major subdivisions have been approved with US 158 as the sole, direct access to the lots.

‘Under the applicants’ proposal the traffic impact from development under the R-1 district would probably be less intense than if the area is allowed to develop commercially. However, residential access off of the highways could be potentially more dangerous than commercial access since the Department of Transportation does not fully regulate residential access and instead delegates those decisions to the Town. The Town Code currently limits the width of driveways at the edge of a road and limits the number of residential driveways if certain conditions are met.

‘Conclusions and recommendations:In summary, some of the positives of the Winslow’s request include: The rezoning request could encourage the preservation of several historic beachfront cottages and could protect the historical and architectural heritage of the Town. The applicant’s proposal is consistent with the Land and Water Use Plan and the Town’s value to encourage single family residential development. The rezoning request would most likely generate less traffic overall than if the area developed predominantly commercially.

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The loss of general commercial acreage is not significant and will not cause a shortage of land available for commercial development. The proposal would eliminate possible land use conflicts between commercial and residential uses due to both of these uses being permitted in the general commercial district. The proposal is consistent with the R-2 zoning on the west side of US 158.However, there are some potential negatives with this proposal that include: Numerous individual, residential curb cuts on the highways (particularly US 158) may be a direct consequence of the proposed rezoning and could prove hazardous. Many of the historic structures, if relocated from the ocean front to the area in question, may be too large to comply with the dimensional requirements (setbacks) of the R-1 district. The zoning ordinance requires structures relocated to other lots to meet the dimensional requirements of the district where the lot is located, unless the Board of Adjustment grants a variance to property owners. The proposal would result in the creation of three (3) nonconforming uses. The rezoning proposal does not in itself, provide any assurance that single family homes built in the rezoned area will be built in architectural styles that are visually “in character” with existing historic cottages, or pleasing to the eye.

‘Staff Recommendation:The Planning and Development staff agrees with the applicant that certain types of commercial development permitted in the C-2 district could detract from the historic sense of place of the cottage row area. Staff also supports building relocation as one method of mitigating threatened structures, especially structures with historical or architectural significance. Staff agrees with the applicant that the intermingling of incompatible commercial and residential uses (historic or not) within a district should be avoided if possible. Staff feels that while the rezoning proposal has merit, there are pragmatic, planning oriented issues raised by this proposal which need to be considered thoroughly.

‘To avoid some of the above impacts and as an alternative, it may be desirable to have the applicants explore with the Town, ways to create a shared access road or vehicular access easement to avoid single family lots having direct access to the highways. As mentioned earlier, staff is already developing language to amend the subdivision ordinance to prohibit residential lots from having direct access to the highways. The Town and the applicants would also have to investigate how homes could be positioned, buffered, fenced or otherwise shielded to decrease the impacts of highway noise, glare, fumes and visual clutter on future single-family development.

‘In addition to the applicant’s proposal staff presented the planning board with two other alternatives. Briefly, one proposal involved staff’s creation of an incentive based historic overlay district (see the attached map). At their November 1, 2000 meeting, The Board of Commissioners expressed a preference for approaching historic preservation and community appearance issues through a zoning based approach rather than a formalized, beaurocratic approach such as the appointment of historic preservation or appearance commissions which are currently enabled by general statutes. The land use plan supports the use of incentives and zoning amendments to protect the historic character of the Town. For example, Staff’s draft proposed a building height limit (25 feet in the overlay district) that would

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have been more restrictive than the current limit of 35 feet. For a commercial and residential developer who accumulates a certain number of “incentive points” based on desirable site and building features, the developer could have used the former 35-foot limit instead of the required 25 –foot limit.

‘The second variation on the applicant’s original request would be to rezone the eastern half of the area in question residential and retain the C-2 zoning of the western half of the area that abuts the by-pass (see attached schematic map). In this scenario, the R-1/C-2 zoning boundary line would have to be drawn to follow along existing lot lines to exclude Bad Barracudas and the Walker Office building from the residential district. Staff had the following concerns with this proposal however:

Businesses could still develop behind the of single family lots possibly in close proximity to single-family houses. There would be no control over the compatibility or appropriateness of the types of permitted businesses that could develop in the C-2 district near the proposed R-1 district. There would be very little control beyond current lighting and sign ordinances, to influence the appearance of the commercial buildings that could develop or to buffer commercial uses from residential uses.

‘Planning Board recommendation:At their regular meeting of January 16, 2001, the Planning Board members discussed the applicant’s proposal as well as staff’s two alternative proposals. The Planning Board members however, concurred with staff’s recommendation below and voted unanimously (4-0) to recommend the Winslow’s proposed zoning map amendment.

‘Staff recommendation:Staff recommends the applicant’s proposal as written recognizing that:1. The Town and property owners should investigate ways to make an R-1 residential district a better “fit” in the proposed location in terms of lot access, public safety, quality of life and compatibility issues and/or2. Eventually, the Town should explore a comprehensive, incentive-based method of protecting the Town’s historic and visual resources over the long run.”

Mr. Ferguson gave a PowerPoint presentation to clarify the rezoning request.

Notice of the public hearing was published in the Coastland Times and the Outer Banks Sentinel on Thursday, February 22, 2001, and Thursday, March 1, 2001, as required by law.

Mayor Muller announced the public hearing open at 9:45 a.m.

Bo Bobbitt, member of the Winslow family; his grandfather built the Winslow cottage in 1931; he spoke in support of the recommended rezoning; he is concerned about the effect uncontrolled development on the west side would have

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on the proposed historic district; is clear to him how much the entire region looks to the historic cottages as a tourism focal point; people come because historic area represents a traditional architectural style; it casts a glow on the rest of Nags Head and Dare County and generates net commercial dollars; he feels the proposal is consistent with reserving the residential and historical area; there are numerous adjacent landowners in support of the proposal; in closing, he hopes the Board will consider the proposal favorably; the property is more than just a piece of land as it is a part of the entire fabric of Nags Head.

Mary Winslow Bobbitt; owner of the property; her property cannot be moved back any more; it was bought by her father shortly after being purchased; after her father’s death they purchased more property so they had 200 feet on Highway 12, then they purchased 150 feet on S. Croatan Highway; requested that the Board fix it so she can move her house back again as needed.

Chris Seawell; attorney from Manteo; spoke on behalf of Bob Walker who recently built and opened a mortgage business on property next to Surfside Plaza; Mr. Walker has made a substantial investment and this proposal would make his business nonconforming; if this passes, it is fair to say that value of property would be devalued as with other commercial uses; no one is going to pay for commercial business when possibility exists of it at some point turning into a residential use; the area does not have to be residential in order to move a house back; he is not aware of anyone wanting to have a residence built on the bypass and have access to those structures by the bypass; Mr. Walker’s building is in the spirit of Nags Head architecture; he asked the Board to take the nonconforming issue into consideration and allow his client’s use to remain.

Eddie Goodrich, represents owners of Bad Barracuda’s Restaurant; stated that he feels it is absurd for one group of people to ask the Board to rezone someone else’s property; Bad Barracuda’s Restaurant is the largest commercial parcel in the area to be rezoned; it was built 15 years ago and Midgett’s Seafood was built around 1931 and has historic value; it would have diminished property value if it were a nonconforming use; if the property is lost, then it cannot be rebuilt; staff’s argument in favor of this proposal is the town’s goal to grow in residential areas (Land Use Plan); staff did not bring to your attention chapter 14, policy 5; the only people who want it rezoned are those on the oceanfront and the net result will be that their property will be worth more and everyone else’s will be worth less; he asked the Board to not approve the rezoning request.

Malcolm Fearing, Manteo resident, stated that he has never met the Winslow family before today and understands their wishes to protect that part of town; he was not aware that there was a historic district in the town; there are cottages of historical value in other areas of town also; he questioned why he has never been contacted by the Winslows to purchase his property in order to move their house back if needed in the future; if they need to move their house back which is why they are requesting the rezoning, they will need someplace to move their house; he questioned if instead of rezoning the property maybe acquisition of property is what the Winslows need to do; his day care business is one of only a few minority businesses in town; his tenant would not be allowed to expand the day care business under this proposal; it is not fair that his tenant went through all required

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processes and received approvals for her business for the reason “if” it is needed by the Winslows; he noted that Mr. Bobbitt referred to commercial development in that area as “antagonistic development” and he does not feel that the day care business is “antagonistic”; he feels there is plenty of property available for the Winslows to move their house.

Homer Duncan; stated that he was one of the owners of the property in question; he would not want the property to be disturbed; although he is not 100% familiar with the proposal, he would not want the property to be modified.

Bob Oakes, Nags Head resident, serves on Planning Board; he has concerns about the proposal; he is familiar with Mr. Walker’s situation which is a locally owned and operated business; the Land Use Plan contains favorable language about this type of businesses; he appreciates Mr. Walker’s efforts to make his business nice looking; he sympathizes with the Winslows; he passes by the quasi-historic area every day, but feels that the appearance of the businesses such as Bad Barracudas and the Walkers have done a good job of fitting in; he feels that the potential loss to these people needs to be the real consideration for the Board; he does not feel that a residential use on the bypass is a compatible use; feels it would be taking valuable property and cutting the value to a residential area that no one would want to live in; he asked the Board to consider this issue carefully as it is important to consider the people behind the issues.

There being no one else present who wished to speak, Mayor Muller announced the public hearing closed at 10:25 a.m.

Mayor Muller questioned attorney Ike McRee about ownership in the area of concern; he asked if the Board should consider ownership of this area; Mr. McRee responded that the ownership of the property is not relevant and should not be considered in the Board’s decision.

Comr. Murray noted that a series of meetings has been planned for continuing discussion about a historic district. He stated that based on the response he heard today, he would like to recommend that the Board table this issue and discuss again after the meetings take place concerning the historic district. He stated that his intent is to make sure that what is done is the right fit for as many people as possible.

Mayor Pro Tem Farah said that he has reservations about the rezoning. He said that he has sympathy for those on the oceanfront, not just in this area but in all the oceanfront areas. He also stated that he would be very distraught if his business were suddenly encroached upon. He is not ready to take action on the proposal today; if he were looking at a compromise, he would look to divide and restrict commercial businesses to a certain area. He said that for the most part this area is a commercial area, however, he has lived in a commercial district in Nags Head for many years.

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Comr. Remaley stated that he was opposed to the rezoning; he agrees with Mr. Ferguson that the rezoning will create nonconformities; he respects the request to rezone but feels that the rezoning should not take place.

Comr. Flynn questioned staff about the existing zoning and said that she appreciates both sides of this issue. She wants to do what is in the best interest for everyone; she empathizes with Mr. Walker and his mortgage business. She feels that the best thing to do would be to table this discussion until after the historic district meeting later this month.

Mayor Muller questioned if rezoning is the best way to resolve this issue; he is not convinced that it is. He feels that a motion to table this discussion would be appropriate. He explained that the town is working with the property owners and citizens to discuss a historic district.

MOTION: Comr. Remaley made a motion to table this issue until an appropriate time. The motion was seconded by Mayor Pro Tem Farah which passed unanimously.

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 18 SUBDIVISIONS LIMITING ACCESS TO US 158, US 64/264, NC 12 AND NC 1243

Planner Bruce Bortz summarized the Planning Board and Planning and Development staff memo dated February 21, 2001, which read in part as follows:

“Please find attached proposed changes to the Town’s subdivision ordinance that would limit the number of curb cuts onto US 158, US 64/264, NC 12, and NC1243. There is a growing concern that additional curb cuts onto these highways may reduce the carrying capacities and levels of service of these roads even further than they are now. There are several policies in the Town’s 2000 Land and Water Use Plan which address traffic congestion and the need to limit access to major roads where feasible (Policy 1, Chapter 10 and Policy 9, Chapter 24). This proposal would apply to existing unsubdivided parcels as well as recombinations of existing lots which front on US 158, US 64/264, NC 12, and NC 1243.

‘In the past, the Town has approved several subdivisions that use this alternative form of access. The most notable are South Creek Acres, Sea Pointe, and Lone Cedar, as well as many of the subdivisions off Seachase Drive in The Village at Nags Head.

‘Planning Board Recommendation:At the January Planning Board meeting, the Board recommended approval of Part I of the attached ordinance. Upon review of the ordinance by the Town Attorney, the Town Attorney has suggested an amendment to section 18-56 of the Subdivision Ordinance (Part II) to accompany Part I. The Planning Board at their February 20, 2001 meeting recommended approval of Part II. This amendment would require the

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subdivider to establish a Property Owners Association to ensure that any proposed accessways are maintained, repaired or replaced.

‘Planning Staff Recommendation:The Planning staff is recommending approval of the proposed ordinance attached.”

Notice of the public hearing was published in the Coastland Times and the Outer Banks Sentinel on Thursday, February 22, 2001, and on Thursday, March 1, 2001, as required by law.


Sonny Cobb, Nags Head resident, stated that he was not here to support or oppose the proposal; he was here to point out the hypocrisy of the planning staff because little more than a month ago, the planning staff denied his subdivision plat because he would not agree to accessing US 158 in an uncontrolled subdivision.

Mayor Muller stated that there will not be a response to Mr. Cobb by Board members as the matter is the subject of a lawsuit.

Pogie Worsley, Nags Head resident and builder in the town, stated that this could create a hardship on some landowners and he feels it needs to be voluntary; he feels if something is “not broke, don’t fix it”.


Mayor Muller stated that he believes the situation is “broke” and that the town has been fortunate to not see an impact thus far.

Comr. Remaley stated that any business can apply to the State to get a curb cut; Town Manager Fuller stated that DOT would honor the town’s ordinance. Comr. Remaley emphasized that he believes there should be some type of incentive for builders; reduction in lot coverage was noted as an incentive.

Comr. Flynn stated that she feels the proposed ordinance is pro-active and will help the town avoid potential future issues. Pogie Worsley, spoke again and stated that the property south of the Post Office is a good example of a tract that would be obvious; he would hate to see the developer punished; he is very concerned about property rights; he would prefer that an incentive be offered rather than requiring internal access.

Comr. Murray noted that if the proposal does not penalize the developer, then there is no reason not to approve the proposal; he feels this proposal is a good one.

MOTION: Comr. Murray made a motion to adopt the ordinance concerning subdivision access to highways as presented. The motion was seconded by Mayor Pro Tem Farah.

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Mayor Pro Tem Farah stated that he supports the proposed ordinance as written provided staff returns with incentive programs especially concerning reduced lot coverage.

Comr. Remaley stated that he preferred to wait to vote on this issue until it is presented with incentives.

Mayor Muller stated that he is not sure that “incentive” is the correct terminology; he would like to see the proposal with a reduced impact on developers, i.e., make a more neutral impact on developers.

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

Staff was directed to bring back a proposal with language that would minimize the impacts on builders, i.e., lot coverage.

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

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO SECTION 22-794 REGULATIONS GOVERNING SIGNS AND OUTDOOR ADVERTISING STRUCTURES (THE VILLAGE AT NAGS HEAD) PERTAINING TO HOTEL DISTRICT SIGN


“At the January 3, 2001 Board of Commissioners’ meeting, the Board decided to adopt Mr. Lanny Roof’s proposed text amendment to allow the incentive sign program to be extended to the Village Hotel District. Recall that this proposal will allow businesses in the hotel district to have a free standing sign provided the business’ architectural and site features accumulate the required number of incentive points. Mr. Roof’s proposal also does not contain a provision for the removal of the existing district sign (Maiones Restaurant sign) and under this proposal the Maiones sign could expand to 64 square feet (in accordance with the Section 22-794 A.2.of the Village sign ordinance).

‘The Board of Commissioners at the January 3rd meeting, directed staff to amend the Village sign ordinance to allow the hotel district sign to remain but limit its size to 32 square feet rather than 64 square feet as is currently allowed by the above referenced section of the zoning ordinance. This would allow Mr. Maione to retain his business sign but not allow this sign (also the hotel district sign) to become any larger.

‘Planning Board recommendation:

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At their regular meting of January 16, 2001 the Planning Board members voted unanimously to recommend that the Board of Commissioners adopt staff’s proposed zoning text amendment as written.”



There being no one present who wished to speak, Mayor Muller announced the public hearing closed at 11:20 a.m.

Comr. Murray noted that the proposed ordinance appears to be a way to solve a major problem.

Mr. Ferguson stated that in the near future the Board may see proposals from Mr. Maione asking to remove the district sign and from Mr. Simpler asking for a freestanding sign.

MOTION: Comr. Murray made a motion to adopt the ordinance concerning hotel district signage as presented. The motion was seconded by Comr. Remaley which passed unanimously.

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

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO SECTION 22-153 DEFINITIONS OF SPECIFIC WORDS AND TERMS AND SECTION 22-251 OFF-STREET PARKING AND LOADING REQUIREMENTS PERTAINING TO TRADE ASSOCIATION OFFICES


“During the public hearing of December 6, 2000, the Board of Commissioners adopted a zoning text amendment proposed by Mr. E. Crouse Gray, Jr. on behalf of the North Carolina Association of Realtors, which amended Section 22-343- C-3 Commercial Services District to include trade association offices as a permitted use in this district.

‘During the discussion, the Board of Commissioners raised the following concerns with the applicants proposal:

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That the ordinance did not explicitly prevent the office from being used for commercial functions or as a trade school or training facility. The general office parking standard proposed by the applicant (1 space for every 200 square feet of gross floor area) would not be sufficient to accommodate periodic, meetings that may occur in a future building as they do currently in the Kill Devil Hills association of realtors facility. The Kill Devil Hills facility’s parking lot by observation, overflows from time to time due to these periodic meetings. The Town of Kill Devil Hills planning staff has confirmed this observation.

‘Staff followed the direction of the Board but did not identify any ordinances that assign a separate parking standard for this specific type of office use. However, in staff’s opinion the parking demand driven by frequent association member meetings could be adequately addressed with a parking standard of 1 space for every 150 square feet of gross floor area plus 1 space for every employee. For the Planning Board’s information, the Kill Devil Hills facility was constructed in accordance with the same general office parking standard proposed by the applicant- 1 space for every 200 square feet of gross floor area. Since the Kill Devil Hills facility has an occasional overflow parking problem but functions adequately the majority of the time, it is staff’s opinion that a parking standard of 1 space for every 150 square feet of gross floor area (as opposed to 1 space for every 200 square feet of gross floor area) should be sufficient to handle occasional member events that cause high parking demand.

‘Staff also considered other options for determining an appropriate parking standard for trade association offices. For example since member attendance at period meetings will most likely drive the highest parking demand for this use, staff considered basing the parking standard on one space per member. This ideas was dismissed however because staff would be saddled with monitoring association membership rolls and often times, members do not attend meetings with any predictability which could result in the construction of excessive parking areas.

‘Another idea staff considered was assigning a parking standard based on the existence of large rooms or conference areas in a trade association building. This idea was dismissed because it seemed unnecessarily complex and overly regulatory. For example, floor plans would have to be interpreted to determine which rooms are to function as conference rooms. Applicants could under-report meeting areas or otherwise misrepresent proposed the floor plans to reduce their parking requirement. Also, applicants proposing buildings with large file rooms, computer rooms, kitchens, lounges or other facilities may challenge a parking standard based on room size.

‘To address Board’s concern that a trade association office may expand to include trade schooling or commercial functions staff is proposing the attached amendment to Section 22-153 which establishes a definition of a trade association office that excludes commercial operations.

‘Attached is a letter dated February 5, 2001 from Jeff Scott, President of the North Carolina Association of Realtors to staff. This letter contains a list of regular meetings and educational sessions which are anticipated to occur in the association’s future trade association office in Nags Head.

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‘Staff proposes the following definition of a trade association office:Trade Association Office: A building or portion of a building wherein an unincorporated or incorporated association of members of a particular profession perform non-commercial, predominantly administrative and or clerical activities, necessary for the advancement of the trade or the betterment of its members in the trade.

‘Planning Board recommendation:At their regular meeting of January 16, 2001, the Planning Board members voted unanimously to recommend that the Board of Commissioners adopt staff’s proposed zoning text amendments as written.

‘Staff’s proposed amendments which have been reviewed by the Town attorney, follow for review.”



Crouse Gray, Southern Shores attorney representing the Outer Banks Association of Realtors, thanked the Board, staff and the Planning Board for the courtesy shown to the Association; the office will be located in a commercial services district; beyond the parking concerns at the Association is the concern that meetings be allowed to take place as ethics hearings, etc. occasionally take place at the Association; he requested either a modification to the ordinance to allow “occasional meetings” or clarification that the definition includes occasional meetings, as written.

Jeff Scott, president of Outer Banks Association of Realtors, thanked the Board, stated that the Association is excited to relocate to Nags Head; it will further enhance their relationship with the town; he wants to make sure the text amendment does not adversely affect the town or the property owners in Nags Head; feels the proposal is a good idea for several reasons: it is a nice building, no negative impact on the town, use of the building is part-time, and they will be able to serve the membership more appropriately without requiring people to park elsewhere when attending meetings at the Association; the Association of Realtors is in favor of the proposed ordinance with the addition of “meetings”.


Attorney Ike McRee suggested adding the words “educational, and/or training activities and meetings” after “clerical activities” in the proposed ordinance.

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Town Manager Fuller spoke on behalf of Planning staff and stated that discussions centered around parking standards as they did not want to see any on-street parking on Eighth Street. He stated further that there is a lot of heavy truck traffic in that area and does not want to encourage parking on the street. Staff wanted to present parking standards that were adequate for the use.

Mayor Muller confirmed with Mr. Ferguson that this use is a permitted use in the C-3 District.

Crouse Gray, spoke again and stated that historical data shows that the Association has never exceeded 40 people in the building and for the size of the building, one (1) parking spot per 150 feet of building space was the original intuitive.

Comr. Flynn questioned Mr. Ferguson why 150 feet was chosen; Mr. Ferguson replied that the number was chosen without any specific formula and that driving the town’s recommendation is the high value placed by the town on providing adequate parking.

Mayor Muller stated that he feels that the ratio of 1 – 150 is good with the understanding that the town cannot allow overflow parking on the street. He also noted that including meetings and educational classes has been the intent all along.

MOTION: Mayor Pro Tem Farah made a motion to adopt the ordinance with the modification to the definition of trade association office to read: “… clerical activities, educational, and/or training activities and meetings …”. The motion was seconded by Comr. Flynn.

Comr. Murray stressed the importance of not parking on the street.

CONTINUATION OF MOTION: The motion passed unanimously.

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

CONSIDERATION OF MEDIATION POLICY FROM PERSONNEL COMMITTEE JEAN PERSON – ALBEMARLE DISPUTE RESOLUTION CENTER

Deputy Town Manager Rhonda Sommer summarized her memo dated February 18, 2001, which read in part as follows:

“Presented for your consideration is a draft Mediation policy that has been reviewed and approved by the Personnel Committee. This item was originally brought to the Personnel Committee by Commissioner Paula Flynn. Much discussion has taken place since that time and the establishment of the Dispute Settlement Center presence in Nags Head prompted the Personnel Committee to present this policy to you at this time.

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‘The policy allows individuals with a dispute, whether it involves a supervisor or co-worker, to request that the dispute be mediated. Both parties to the dispute must agree to the process. The mediation will then be scheduled with the Dispute Settlement Center who will provide a trained mediator for $25 per hour. The objective of the mediation is to have both sides of the dispute heard and to establish common ground if possible. A written report of any agreement reached will be prepared and signed by the parties.

‘The timing of the opening of the Dispute Settlement Center could not have been better. The Personnel Committee was struggling at the time about the number, selection and cost of sending Town employees for mediation training. Having this service provided by the Dispute Settlement Center at a location in Nags Head provides the ideal setting and the confidentiality that could not be obtained by using Town employees.

‘The draft policy is attached for your consideration as well as a contract with the Albemarle Dispute Settlement Center to provide the services at the agreed upon rate of $25 per hour.”

Jean Person, Executive Director of the Albemarle Dispute Resolution Center, stated that mediation is a way to resolve issues and avoid having to go to court with employee disputes that don’t need to go any further; the Center employs 80 mediators from every walk of life; their office is located at milepost 10.5 and opened in July 2000; mediation sessions usually run approximately two (2) hours; the cost is minimal.

Comr. Flynn questioned Ms. Person about the training for the mediators; Ms. Person stated that mediators attend 20-hour mediation training; she stated further that they mediate most issues except for domestic violence.

Ms. Sommer emphasized that the policy is not a substitute for the town’s grievance procedure.

Comr. Flynn explained that historically mediation has assisted families in dealing with domestic and custody issues and was highly successful in her previous home city. She stated that she originally brought it before the Personnel Committee. She commented that an exact time period should not be specified as a time limit with a group may not be feasible.

Comr. Flynn questioned staff as to who has access to the policy; Ms. Sommer stated that the policy is a compromise of what mediators would like and employees and supervisors would like; the town manager has the final say over what can be mediated. Comr. Flynn responded that employees may have an issue with their supervisor and may not want their supervisor to know about the issue. Comr. Flynn suggested taking the request for a mediator directly to Personnel rather than going through immediate supervisor.

Ms. Sommer agreed that while everyone is excited about the concept, the process/policy may need to be tweaked.

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Town Manager Fuller explained for the Board’s information that the procedure would become part of the employee’s personnel file which would not be open to the public as two (2) parties would be involved.

Mayor Muller questioned eligibility of an issue for mediation; Ms. Sommer explained that the issue to be mediated must be reviewed and found to not be against town policy before it heads to the mediation process.

Comr. Remaley asked for clarification of the policy; he questioned what would happen if the mediator said the employee is right and the supervisor is wrong. Comr. Flynn explained that the mediator cannot suggest ways to fix the issue. Ms. Person agreed with Comr. Flynn and stated that mediators are impartial and their job is to guide the parties to come up with their own resolutions.

Comr. Flynn suggested that the grievance timeframe be modified, i.e., put on hold if the parties choose to mediate and then decide to move forward with the grievance process. Town Manager Fuller agreed that the grievance policy, which contains specific timeframes, should be modified to reflect the mediation policy.

Mayor Muller directed staff to bring back appropriate language to reflect that the grievance timeframe should be put on hold if the mediation process is taking place.

MOTION: Comr. Murray made a motion to approve the mediation policy as presented. The motion was seconded by Comr. Flynn which passed unanimously.

The mediation policy, as approved, read in part as follows:

“Employee Mediation Process

‘Policy BackgroundMediation is a dispute resolution process that is a separate alternative to Town of Nags Head’s standard employee grievance procedure. Mediation is a voluntary, neutral process whereby a chosen, trained mediator(s) will assist in the employee(s) dispute resolution process. Mediation is designed to resolve work-related conflicts between two or more employees and is conducted in an open, honest and confidential meeting. Participation in mediation is voluntary and may be stopped at any point within the process. Mediation does not preclude an employee’s choice for the grievance process.

‘The benefit to mediation is that certain work-related issues may be resolved more effectively and efficiently because they are not appropriate for an established grievance process. Mediation allows employees another avenue to solve defined informal work-related problems between staff that are not really grievance issues. Examples of issues that are not appropriate for mediation are, but are not limited to, promotion, termination of employment, or payroll.

‘The Mediation ProcessTo begin the mediation process an employee will complete a Mediation Request Form and submit that form to the immediate supervisor who will forward it to the

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Personnel Department. The Mediation Form will outline the parties involved and a short summary of the work-related issue(s). The Personnel Department will complete the intake form by contacting the other party(s) named by the employee who has initiated the request for mediation. The Personnel Department will review the intake form to determine if the dispute is suitable for mediation or if a grievance process is required.

‘The MediatorsThe Town will use the services of the Albemarle Dispute Settlement Center (ADSC), which has an office located in the town of Nags Head, or some other independently operated facility, to provide the mediation service. The assigned mediator will guide the parties through a process that will allow each employee to tell his/her side of the story. The mediator will help the parties to explore alternatives, to reach a mutually agreed upon resolution of the conflict, and to draft a written agreement in their own words.

‘Mediation or GrievanceAn employee may request mediation at any time. Certain issues are defined as more appropriate under the grievance process, but this does not prevent an employee from requesting mediation. The employee, at any time, may end the mediation, and initiate the grievance process in accordance with Town policy.

‘If the mediation process is selected, the employee may agree that the written grievance will not be initiated or will be concluded based on the satisfactory conclusion of the mediation.

‘Mediation ScheduleAfter the intake form is submitted, the issue is determined appropriate for mediation, and the parties have all agreed, the Personnel Department will call upon the ADSC (or another independent facility) to schedule the mediation. For mediation to go forward, all parties must be acting in good faith.

‘The Mediation AgreementOnce the parties have reached mediation, a Mediation Agreement is drawn up accurately summarizing the decisions reached by all involved. All participants will sign the Agreement. The signed Agreement is given to the Personnel Department to ensure that no provision in it is contrary to Town policy or federal or state law. After the review by the Personnel Department, each participant will receive a signed copy.

‘Breach of Mediation AgreementIf any of the participants feel the Mediation Agreement has been violated, a meeting between the participants must be conducted to try and resolve the differences. If this meeting is not successful, the participants may request the mediator(s) to assist in the resolution of the issue which may have contributed to the violation. If not resolved, a part of or the entire Agreement could be voided, in which case the participants would be able to exercise any rights or prerogatives available.

‘Mediation is Confidential

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All information that is shared in the mediation process is to remain confidential. At the beginning of the meeting, the mediator will explain the scope of the confidentiality.

‘Sharing information that took place within the mediation may be considered a breach of the Mediation Agreement. However, simply sharing that one took part in a mediation process is not considered a breach of the Agreement.

‘MEDIATION INTAKE FORMMediation # ________ Intake Date:

Party One: Dept: ________________________________________________________Phone: (w) _____________________ (h) __________________________Relationship to other party: ___ Employee ___ SupervisorParty One’s description of dispute:

Party Two: ___________________________________________________Dept: ________________________________________________________Phone: (w) _____________________ (h) __________________________Relationship to other party: ___ Employee ___ SupervisorParty Two’s description of dispute: _______________________________

******************************************************************************Party One agrees to mediate: ____ Yes ____ No Party Two agrees to mediate: ____ Yes ____ NoProblem Area:

Mediator(s) Assigned:

(name)(phone)

(name)(phone)

*******************************************************************************_________ hours spent on intake. _________ hours spent on mediationDid a mediation occur? Yes NoWas mediator contact form completed? Yes NoWas written agreement completed and signed by all parties? Yes NoStatus of employee problem: _____ continued _____ settled ____ N/ADid employee proceed to Grievance Process? Yes No”

The mediation agreement, as approved, read in part as follows:

“AGREEMENT FOR MEDIATION SERVICES

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‘THIS AGREEMENT made this the ____ day of _______________, 2001 by and between THE TOWN OF NAGS HEAD, a North Carolina municipal corporation, hereinafter called “Town”, and THE ALBEMARLE DISPUTE SETTLEMENT CENTER, hereinafter called “ADSC;

‘W I T N E S S E T H:

‘WHEREAS Town desires to provide a mechanism for the resolving of disputes between and among employees which disputes are not appropriate for resolution pursuant to, or are nor subject to, the Town Grievance Procedure. And Town desires to provide for the mediation of such employee disputes by an independent, unrelated mediator;

‘AND WHEREAS ADSC is a dispute settlement center which provides the services of independent mediators who are qualified and certified as mediators by the ADSC who follow the standards and qualifications requirements set forth by the Mediation Network of North Carolina.

‘AND WHEREAS Town and ADSC desire to enter into an agreement to facilitate the settlement of qualified employee disputes, and therefore, agree to the following terms and conditions:

‘1. Upon an application to Town by any of its employees and a determination by the Town Manager that a dispute exists between or among Town employees which is appropriate for resolution through mediation, Town will:

a. Certify to ADSC that such a dispute exists,

b. State the general subject matter of the dispute, excluding contentions of the parties,

c. Provide the names, addresses and telephone numbers of the employees between or among whom a dispute exists,

d. Give a list of dates and times when the employees involved in the dispute can be available and excused from their Town work duties in order to participate in a mediated dispute resolution, and

e. Send to ADSC a form, provided by ADSC, stating the agreement of the disputing employees to participate in a mediation session and any other agreements and conditions required by ADSC. Which form shall be signed by each disputing employee.

‘2. Upon receipt of the items and information above, ADSC shall:

a. Schedule a mediation session at a location agreeable to Town and ADSC at a time when the disputing employees are to be made available,

b. Provide a qualified mediator for each mediation session,

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c. Attempt to facilitate a resolution of the employee dispute in no more than two mediation sessions of no more than two hours each. Provided, however, if the mediator informs the Town Manager or his designee that there is a strong likelihood of resolution within a reasonable time period, and the Town Manager or designee consents, then the Town Manager or Designee may extend the number of sessions and/or time period,

d. Upon reaching a resolution to a Town employee dispute, or the decision by the mediator that continued mediation in the matter will be unfruitful and a termination of the process, or the withdrawal of one or more of the involved employee parties without resolution, or the expiration of the time deadline without extension by the Town Manager or designee, whichever occurs first, ADSC shall notify Town of the completion or termination, and provide Town with a report on a form provided by Town, or other suitable form, along with a statement for services.

e. Upon reaching a resolution ADSC will draft an agreement and present it for signing by the parties to the dispute. A copy of the signed agreement will be provided to the Town Manager for determination that none of its provisions are contrary to nor violate Town policy, local, state or federal law. Such copy in the hands of the Town shall be a confidential personnel record.

‘3. In the event, after a signed resolution agreement is entered into by the disputing parties, there is an allegation of a breach of the agreement by any party, then the dispute resolution procedure may be invoked by Town following the procedure set out herein.

‘4. ADSC will bill Town for its services at the rate of $25.00 per hour with a two (2) hour minimum charge and Town will make payment for said services within thirty (30) days of receipt of the statement for services.

‘5. This agreement may be terminated upon thirty (30) days written notice by either party to the other.”

ADJOURN FOR LUNCH

The Board adjourned for lunch at 12:32 p.m.

RECONVENE FROM LUNCH

The Board reconvened from lunch at 1:37 p.m.

APPROVAL OF MINUTES

MOTION: Mayor Pro Tem Farah made a motion to approve the minutes from the February 7, 2001, Regular Session meeting and the February 14, 2001, Adjourned

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Regular Session meeting and the February 21, 2001, Special meeting as presented. The motion was seconded by Comr. Murray which passed unanimously.

Mayor Muller explained that the Closed Session minutes from the February 5, 1997, to February 21, 2001, meetings will be addressed during Closed Session.

NOMINATION OF ALTERNATE MEMBER TO THE ALBEMARLE REGIONAL SOLID WASTE MANAGEMENT AUTHORITY

Mayor Muller asked the Board to consider nominating him as alternate member to the Albemarle Regional Solid Waste Management Authority.

MOTION: Comr. Murray made a motion to nominate Mayor Muller as the alternate member to the Albemarle Regional Solid Waste Management Authority. The motion was seconded by Mayor Pro Tem Farah which passed unanimously.

DISCUSSION OF PROPOSALS FOR FORMER OUTER BANKS MEDICAL CENTER FROM FEBRUARY 7, 2001, BOARD MEETING

It was noted that a letter of withdrawal was received from AgeMark concerning their previous request to utilize the former Outer Banks Medical Center building for an assisted living facility.

MOTION: Mayor Pro Tem Farah made a motion to authorize Town Manager Fuller to arrange the lease with The Nature Conservancy for the use of the former Outer Banks Medical Center building as an environmental education center. The motion was seconded by Comr. Murray.

Comr. Remaley stated that while he was in favor of the concept, he will oppose the motion because he felt that there were more pressing problems for the town to address such as housing for employees.

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

DISCUSSION OF YARD REQUIREMENTS AS PRESENTED BY THE HOMEBUILDERS ASSOCIATION - FROM FEBRUARY 7, 2001, BOARD MEETING

Planner Bruce Bortz summarized the Planning and Development staff memo dated February 26, 2001, which read in part as follows:

“At the January 3, 2001 Board of Commissioners meeting, Staff was directed to address and prepare a brief discussion of zoning proposal changes suggested by the Outer Banks HomeBuilders Association. At Carl Worsley’s request, this item was tabled from the February 7 meeting until the March 7 meeting.

The following is a discussion of their request.”

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The discussion paper from the Homebuilders Association read in part as follows:

“Building SetbacksAt the January 3, 2001 Board of Commissioners meeting staff was requested to prepare a brief discussion of building setbacks and what improvements are currently allowed in the required setbacks (yards) as well as addressing changes requested in a letter from Outer Banks Home Builders Association dated December 15, 2000.

‘The Town’s Zoning ordinance, Chapter 22 establishes setback requirements for structures and uses. In general there are two broad categories of structures, principal and accessory and two categories of uses, principal and accessory. An example of a principal building and accessory structure would be a house with a detached garage. The house would be the principal building and the garage would be accessory structure. The principal use of the lot would be residential. Other accessory structures could include HVAC (heating-ventilation air-conditioning) stands, swimming pool pump enclosures and storage sheds.

‘Both principal uses and some accessory uses (such as swimming pools) are required to meet front, side and rear setbacks, while other accessory structures and accessory buildings have a lessor set back requirement. For example, a single family house in the R2 medium density Residential District the front yard setback would be 30 feet, the side yard setback would be 10 feet and the rear setback would be 20% of the lot depth, but need not exceed 30 feet. In the front and side yards the Town allows steps, eves and gutters and uncovered handicapped ramps to encroach three (3) feet from the building setback line (usually from the house) into those yards. No encroachments are allowed in rear yards.

‘Accessory buildings, such as garages and storage sheds are allowed in side and year yards but must be setback at least five-feet from the property line. Outdoor recreational uses such, as pools and tennis courts must meet the setback requirements for the principal building. For a single-family home in the R2 District, a pool (as well as the pool decks and pool fence) could not be located in the required thirty (30)-foot front yard, ten (10) foot side yard, or in the required rear yard.

‘Walls and fences are allowed in all yards. Walls and fences for most residential districts can only be four (4) feet high in the front and side yards and can be six (6) feet high in the rear yards. There are some exceptions for residential uses in residential districts, which abuts a commercial use in a commercial district. In these cases the fence can be six (6) feet high along the boundary line abutting the commercial district.

‘The Town’s zoning ordinance defines a “yard” as a required open space other than a court which is unoccupied and unobstructed by any structure or portion of a structure greater than thirty (30) inches high. There is an exception for fences, walls, poles, posts and other customary yard accessories, ornaments and furniture which may be permitted in any yard subject to height limitations and requirements

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limiting obstruction of visibility. There are three categories of yards, front yard (that area adjacent to a public street right of way), side yard and rear yard.

‘Outer Banks Home Builders Association requests:

‘Item one: Increase allowed side yard setback accessories usage from 3’ to 5’. Staff interprets this to mean increase the allowed encroachment from three (3) feet to (5) feet in the side yard.

‘Staff response: Setbacks and yards are established to provide a degree of “openness’ between structures and side property lines. Separation between buildings does provide some degree of open space. Within the last several years as the availability of conforming large lots has decreased and the sizes of the houses have increased, many of the homes proposed have “maxed out” the available building area on the lot with the houses sited on the setback lines.

‘Two recent examples would be the redevelopment of the “Vivianna Hotel” site and the near by “Vacationer” Hotel site. Both of these sites are in the CR Commercial Residential District which allows eight (8) foot side yards. In this case separation would be sixteen (16) feet between buildings. With an allowable three-foot encroachment from structures, this “open space” in the side yards would be reduced from sixteen (16) feet to ten (10) feet between buildings. One comment that was voiced after the Sea Pointe fire was how could the Town allow houses to be placed so close together. In fact, Sea Point side yard setbacks are the largest we have in Town at twelve (12) feet for each house, or twenty-four (24) feet between structures. For residential houses the side yard setbacks range from eight feet in the CR and R3 District to ten (10) feet in the R2 District and 12 feet in the R1 District. In some districts in the Village there is a five- (5) foot side yard requirement, however where five-foot setbacks are permitted, no encroachments are allowed in this yard.

‘An increase in encroachment from three feet to five feet in the side yard would only leave a two-foot area between; for example a HVAC stand, stairs or handicapped ramp and a property line fence for homes in the CR and R3 zoning district. By allowing this would decrease the openness in the side yard as well as creating some safety concerns for fire fighting and emergency access through a two-foot opening. In some instance the State Building Code requires a ten-foot separation between certain types of structures.

‘Item two: Create approved rear yard setback usage of 5’ to include roof overhang, HVAC stand, etc. Staff interprets this to mean increase the allowed encroachment from three (3) feet to (5) feet in the rear yard.

‘Staff response: Rear yards have always been free of any encroachments. In non-oceanfront areas septic areas are usually placed in rear yards as well as swimming pools and storage sheds. On the oceanfront, the required rear yard setback falls within the CAMA setback and zoning encroachments are generally not an issue. All structures on the oceanfront would need to meet CAMA permitting requirements.

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Item three: Increase approved front yard setback accessories usage from 3’ to 5’. Staff interprets this to mean increase the allowed encroachment from three (3) feet to (5) feet in the front yard.

‘Staff response: Staff feels that a three foot encroachment into the thirty foot required front yard is adequate to accommodate encroachments for open stairs, eves, gutters and handicapped ramps and that the front yard should not be decreased any further.

‘Staff recommendation: The Planning Staff as well as the Fire and Police Chief do not recommend any increase in the depth of encroachments into the front yard, side yards and rear yards. The Town’s Land and Water Use plan as part of the goal for the Housing chapter contains the following: “It is the goal of the Town of Nags Head to minimize conflicts between residential uses and other uses both within and between zoning districts, protecting the residential nature of the Town”. (Goal, Chapter 15, Housing). By allowing greater encroachments the effective size of the front, side and rear yards would be reduced and the potential for impacts on adjacent properties would be increased. For this reason and the reasons noted above, staff does not recommend an increase in encroachments.”

Pogie Worsley, Outer Banks Homebuilder’s Association, stated that the town is approaching buildout and the Association would like to amend the ordinance to allow for four (4) foot setback all around a house for accessory uses of the main structure.

Mayor Muller questioned what has changed to make the Association request setback extensions at this time. Mr. Worsley replied that the rear yard setback sometimes makes things difficult, i.e., the proposal would make it easier to install a set of steps.

Comr. Flynn confirmed with Mr. Worsley that increasing the setback means a bigger house can be built.

Comr. Murray stated that he feels this proposal is counter-productive to the vision of Nags Head which includes openness.

Comr. Flynn asked what is different now that this issue would be brought forward at this time; Mr. Worsley replied that it would make things simpler for staff and for the building industry.

Mayor Muller mentioned the possibility of the town allowing leeway to slide within a building site; he stated further that his value is to maintain the open space generated by the front and rear yards but that distribution may be flexible.

Planning Director Ferguson spoke to the Board and stressed that if a builder is given this flexibility, adjacent property owners may be affected. He stated further that the Board is not currently meeting their own values with the allowance of encroachments.

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Comr. Remaley confirmed with Planner Bruce Bortz that if a handicapped ramp is required, the Planning Director has the authority to approve its installation. Mr. Bortz stated further that the allowance was made last year for handicapped ramps.

It was Board consensus (not agreed to by Comr. Remaley) to leave things the way they currently exist.

REPORT FROM CITIZENS ADVISORY COMMITTEE MEETING

The report from the Citizens Advisory Committee meeting of February 12, 2001, was presented to the Board and read in part as follows:

“REPORT ON 2001 FESTIVAL OF THANKSGIVINGJody Crosswhite reported that Peggy Saporito was elected as the new chair of the Festival of Thanksgiving at their last meeting. He stated that Debbie Moore and Courtney Quillan were elected as Festival co-chairs.

‘UPDATE ON COMMUNITY APPEARANCE AWARDJody Crosswhite reported that the Community Appearance Awards were presented to representatives of the gold, silver, and bronze award winners by the Board of Commissioners at their February 7, 2001, meeting.

‘UPDATE ON TOWN RECREATION SITEPlanning Director Gary Ferguson stated that additional information is not known at this time about the property exchange with Dare County. The exchange would involve the town’s TWEACR tract between the highways and the County’s Nags Head Pond lots.

‘*** The Committee unanimously passed a motion to recommend that the Board of Commissioners re-activate the town Recreation Committee to consider and prepare a plan for the new tract of land being proposed for the recreational site; the plan should take pedestrian safety into consideration. ***

‘BUFFERING REQUIREMENTS BETWEEN DIFFERENT LAND USESPlanning Director Gary Ferguson explained that buffering requirements between two (2) different types of land uses will be presented to the Planning Board for review.

‘Bob Sanders questioned the possibility of requiring that oak trees be preserved on a construction site if they are not on the blueprint.

‘Cola Vaughan is to contact the Dare County Health Department to obtain a date/time that a representative can come to a future CAC meeting and explain their own regulations concerning clearing areas for a commercial site.

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‘Bob Oakes stated that buffering issues he has run into involved the height requirements for new plants/vegetation.

‘Carolyn Morris is to include the “Nags Head Naturally” pamphlet when she mails the draft minutes to Committee members.

‘LINKING NEIGHBORHOODSCommittee members agreed with Chuck Thompson’s suggestion that the efforts to link the neighborhoods on the west side of the bypass be combined with the plans for the new recreation site.

‘Planning staff is to provide a map of the various routes on the west side of the bypass as discussed today for continued discussion at the next CAC meeting.

‘WORKFORCE HOUSING CONFERENCEJody Crosswhite stated that he has forwarded an e-mail to Mayor Muller concerning his ideas about employee housing; Mr. Crosswhite suggested that the town give tax credits for those who build housing to accommodate their employees.

‘Town Manager Fuller explained that the Board is participating and endorsing the concept of the conference but is not supporting any specific path. He confirmed that the Chamber of Commerce conference is scheduled for March 7, 2001. ‘Jody Crosswhite said that he will attend the conference and will keep the CAC informed of this issue.

‘NEW BUSINESS – CHUCK THOMPSONChuck Thompson read from a recent article in the Coastland Times concerning a lawsuit filed against the town; the lawsuit involved a zoning violation at 102 Bark Street.

‘Town Manager Fuller explained that he cannot discuss anything currently under litigation.”

Town Manager Fuller noted that the Committee passed a motion requesting that the Board re-activate the town Recreation Committee. The Board took no action on this request.

REPORT FROM ARTWORK SELECTION COMMITTEE MEETING

The report from the Artwork Selection Committee meeting of February 14, 2001, was presented to the Board and read in part as follows:

“COPYRIGHT AND REPRODUCTION RIGHTS FOR ARTWORK PURCHASED BY THE TOWN

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Majid Elbers explained that Mayor Bob Muller had questioned her about the property rights to the artwork purchased by the town. She explained that he was interested in putting the artwork on the web site or possibly on town letterhead. Majid Elbers is to talk to Mayor Muller requesting that he have the town attorney draft a letter of agreement between the town and the artist allowing the town to use the purchased artwork, if desired, for non-profit publicity purposes only.

‘FRANK STICK ART SHOWCommittee members had previously viewed the Frank Stick Art Show that was held at Glenn Eure’s Ghostfleet Gallery. A consensus was not met on any one specific piece of the artwork.

‘It was Committee consensus to add the following artists to the List of Artists for Committee consideration: Ila Smith; Inger Seitz; Fred Vallade; and Leighton Touzel.

‘DISCUSSION OF OUTSIDE SCULPTUREMajid Elbers presented a list which Robin York had obtained from the NC Museum of Art recommending three (3) sculptors; Di Di Tupper is to draft a letter to the agencies from the Museum’s recommendation list requesting a portfolio be submitted for review by the Committee.

‘LIGHTING FOR LOBBYMajid Elbers stated that she recently spoke to an electrical contractor, Mr. Davenport; Mr. Davenport is to visit town hall and talk to Ms. Alexander about an estimate for some form of “spotlight” lighting in the lobby for the area surrounding the Bill Nelson figurine.

‘RE-PLACEMENT OF ARTWORK IN LOBBYThe Committee unanimously passed a motion to switch the “Leader of the Pack” painting with the “Avalon Pier” painting in the lobby.

‘CONSIDERATION OF STEVE ANDRUS’ ARTWORKThe Committee unanimously passed a motion to purchase the Chips Work watercolor by Steve Andrus for the price of $2,400.”

CONSIDERATION OF PERSONNEL GRIEVANCE BOARD AND FIREMEN’S RELIEF FUND BOARD APPOINTMENTS

Mayor Muller asked Board members to endorse his January 2001 appointment of Richard Drumm to the Personnel Grievance Board.

MOTION: Mayor Pro Tem Farah made a motion to appoint Richard Drumm to the Personnel Grievance Board. The motion was seconded by Comr. Remaley which passed unanimously.

Mayor Muller suggested appointing Finance Director Rhonda Sommer to the Firemen’s Relief Fund Board; he stated further that this group looks at investing

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funds to provide additional retirements benefits to the Volunteers and Ms. Sommer would bring an enormous amount of expertise to this group.

MOTION: Mayor Pro Tem Farah made a motion to appoint Rhonda Sommer to the Firemen's Relief Fund Board. The motion was seconded by Comr. Murray which passed unanimously.

CONSIDERATION OF SEPTIC HEALTH LOAN PROGRAM

Deputy Town Manager Rhonda Sommer summarized her memo dated February 18, 2001, which read in part as follows:

“Presented for your consideration and approval is the Septic Health Loan Program. As a component of the Septic Health Initiative, the Septic Health Loan Program (Program) serves to eliminate reasons a homeowner may have not to make necessary repairs or replacement of their septic system, thereby promoting improved water quality for us all.

‘The Program provides a maximum loan amount of $3,000 to be offered to homeowners to be repaid over a period not to exceed thirty-six months. The interest rate will be set at loan closing date and will be the equivalent of Centura Bank’s prime rate less 1.5%. To simplify the Program administration, all payments will have the same due date and the borrower will be provided "coupons" representing each payment due.

‘No detailed credit information will be taken from the prospective borrower, as all of this information would become part of the public record. Should the loan go into default, then the borrower has agreed at closing that their water may be cut-off as a result. Further, a judgment will be obtained should repayment not be made, which will become a lien on the property.

‘The funding for this program is provided by the Water Fund, Septic Health Division. A copy of the note to be used for the Program is included for your reference.”

The agreement read in part as follows:

‘$ , 200__

‘FOR VALUE RECEIVED, the undersigned, promise(s) to pay to the order of The Town of Nags Head, N.C. , the principal sum of Dollars ($ ) with interest on the unpaid principal balance from the _______ day of , 200__, until paid at the rate of _____ percent per annum, payable monthly, said interest rate being determined at the time of making of this loan and defined as the Centura Bank Prime Rate less one and one half percent.

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‘Said principal and interest shall be due and payable in thirty six (36) equal consecutive monthly payments of $ each. The first of said payments shall be due and payable on or before the 15th day of , 200__, and said payments shall continue to be made on or before the 15th day of each and every calendar month thereafter, up to and including the 15th day of , 200__, when the entire principal balance, together with all interest due and accrued thereon shall be due and payable.

‘Said payments shall be first applied on the interest due and accrued hereon at the time said payment is made and the balance applied on the principal.

‘The undersigned maker(s) reserve the right to pay any part or all of this note and indebtedness at any time prior to the maturity thereof without penalty.

‘It is understood and agreed that if and in the event the undersigned maker(s) fail to make any payment of principal and interest provided above when due and such failure and default shall continue for a period of thirty (30) days, then and in such event the entire principal balance, together with all interest due and accrued thereon at the time of such default, shall immediately become due and payable at the option of the holder hereof. Upon default, the holder of this note may employ an attorney to enforce the holder's rights and remedies and the maker(s), principal(s), surety(ies), guarantor(s) and endorser(s) of this note hereby agree to pay to the holder reasonable attorneys fees not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing on said note, plus all other reasonable expenses incurred by the holder in exercising any of holder's rights and remedies upon default.

‘Further, in the event of failure to make any payment due hereunder within thirty (30) days of the due date, the holder may cause municipal water service to the premises served for which this Septic Health Loan is made to be disconnected until such time as the payment of the delinquent amounts and all fees assessed for the cut off and reconnection of water service. Further, in the event of a default and acceleration of the loan by the holder as provided in the previous paragraph, the full amount of the loan plus all interest due and accrued thereon plus all fees assessed for the cut off and reconnection of water service shall be paid.

‘The failure to exercise any option to declare a default or any other right or remedy under this note by the holder shall not be a waiver or release of such options, rights or remedies or the right to exercise any of them at other time.

‘This note is negotiable and payable to The Town of Nags Head at P.O. Box 99, Nags Head, NC 27959 or to such other address as the holder hereof may give the maker in writing.

‘WITNESS my/our hand(s) and seal(s) the day and year first above written.”

Comr. Murray questioned what would happen if the loan were not paid off; Ms. Sommer explained that the loan would go with the individual not the house. Town Manager Fuller agreed and stated that water is a right, not a privilege.

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Mayor Muller noted that if there appears to be abuse of the program, the town can end the program.

MOTION: Mayor Pro Tem Farah made a motion to approve the Septic Health Loan program as presented. The motion was seconded by Comr. Flynn which passed unanimously.

CONSIDERATION OF BID FOR TOWN AUDITOR

Finance Director Rhonda Sommer summarized her memo dated February 28, 2001, which read in part as follows:

“The informal bid opening for auditor proposals was held on February 16, 2001. We were very pleased to obtain five qualified bids this year:

Pickrell & McGinnis ($18,000);Johnson, Burgess, Mizelle & Straub ($20,000);Holden, Moss, Knott, Clark & Taylor ($20,500);McGladrey & Pullen ($30,000); and KPMG LLP ($35,460 plus travel).

‘The details of the responses are summarized on the attached spreadsheet.”

‘The low bidder was Pickrell & McGinnis at $18,000. This past year we paid $21,500 to Hutchins, Allen & Company for our audit.

‘Pursuant to NCGS 159-34, “the auditor shall be selected by and shall report directly to the governing board.”

‘Auditor selection does not, and should not, impact the manner in which staff conducts the business of the Town. Accordingly, staff will gladly work with whichever firm is selected.

‘The Local Government Commission was contacted about the most recent audit reports from the three lowest bidders and the results are listed on the second attachment. No information was obtained through these inquiries that would cause staff to depart from recommending the low bidder. It is staff’s recommendation that the contract be awarded for a period of three years with the possibility of subsequent extensions to be negotiated by the Manager.”

Mayor Muller questioned the term “independence” which Ms. Sommer explained was defined as no compromise of integrity by the auditor. Mayor Muller asked if past employment would apply; Ms. Sommer responded that the Board needs to deal with perception.

Mayor Pro Tem Farah noted that the Board addressed the issue of past employment the last time a town auditor was discussed; Anna McGinnis of Pickrell and McGinnis

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is also the former Finance Director/Deputy Town Manager of Nags Head who developed and implemented some of the town’s policies.

MOTION: Comr. Remaley made a motion to accept the low bid of $18,000 from Pickrell and McGinnis for a three-year commitment as town auditor. The motion was seconded by Mayor Pro Tem Farah which passed unanimously.

TOWN ATTORNEY – IKE MCREE - CONSIDERATION OF RESOLUTION ESTABLISHING UNIFORM STANDARDS UNDER WHICH CLAIMS OR CIVIL JUDGMENTS SOUGHT OR ENTERED AGAINST TOWN OFFICERS AND EMPLOYEES SHALL BE PAID

Attorney Ike McRee presented for consideration a resolution establishing uniform standards for payment of claims or civil judgments entered against town officers and employees.

Mayor Muller pointed out the following statement in Item #3 in the resolution: “… or directly contrary to the advice of the town attorney.” He stated that he does not want to do anything that discourages people from seeking the advice of the town attorney.

Attorney Ike McRee stated that it was up to the employee whether or not they took the attorney’s advice although he would want employees to generally follow the advice of the attorney.

MOTION: Comr. Murray made a motion to adopt the resolution concerning the defense of employees as presented. The motion was seconded by Comr. Flynn which passed unanimously.

The resolution concerning employee defense in litigation, as adopted, read in part as follows:

“RESOLUTION OF THE NAGS HEAD BOARD OF COMMISSIONERS ESTABLISHING UNIFORM STANDARDS UNDER WHICH CLAIMS OR CIVIL JUDGMENTS SOUGHT OR ENTERED AGAINST TOWN OFFICERS AND EMPLOYEES SHALL BE PAID”

‘WHEREAS, the Town Manager and Town Attorney have recommended to the Board of Commissioners that protection be afforded to town officers and employees who have claims filed against them or suits brought against them resulting from actions taken within the scope of their employment or duties; AND

‘WHEREAS, the town feels obligated to defend such officers and employees and to satisfy any claims or judgments against such officers or employees, if the facts and circumstances giving rise to the claim or suit show that the officer or employee was engaged in the good faith performance of his duties on behalf of the town when the incident giving rise to the claim occurred; AND

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‘WHEREAS, the 1977 General Assembly enacted legislation (Chapter 834 of the 1977 Session Laws) authorizing towns and counties to defend and to pay judgments entered against officers and employees, when the acts giving rise to the claim were performed by the officer or employee in the course of his employment or duties, and without actual fraud, corruption or actual malice.

‘NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head, that it shall be the policy of the Town of Nags Head to pay defense costs, expenses, judgments, interest on judgments, deductibles on insurance policies and other related costs on behalf of its officers and employees against civil claims and judgments, and to satisfy same either through the purchase of insurance or otherwise, provided adoption of this resolution shall not be deemed an assumption of liability for payment of claims or judgments in excess of any fund established by the Board for payment of claims or judgments in addition to any insurance coverage or any combination of such a fund and insurance coverage. Further the town will not defend a claim or lawsuit or pay a claim or judgment when the officer or employee willfully:

‘1. Acts or fails to act because of actual fraud, corruption or actual malice;

‘2. Acts or fails to act as a result of or at a time when his self-indulgence substantially impaired his judgment (as, for example, an officer or employee who causes damage or injury while intoxicated or under the influence of drugs while on the job);

‘3. Acts or fails to act, except in emergencies or the existence of extenuating circumstances, directly contrary to instructions from his superior, or directly contrary to advice of the Town Attorney;

‘4. Acts or fails to act in such manner as to constitute a criminal act (as, for example, misappropriation of property or funds).

‘The Town Manager or his designee shall determine whether or not a claim or suit filed against an officer or employee meets the requirements specified herein for providing a defense for such officer or employee. If the Town Manager or his designee determines that a claim or suit does not meet the requirements specified herein, the affected officer or employee may appeal said determination to the Board of Commissioners. The Board of Commissioners shall afford the officer or employee a hearing on the matter and shall decide whether or not the claim or suit meets the requirements of this resolution.

‘The terms “officer” and “employee” as used herein shall mean present or past mayors and members of the Board, officers, employees, or volunteers and present or past appointed members of town boards, agencies, committees, and commissions who might hereafter have claims or judgments entered against them.

‘The policies specified herein shall not be applicable unless notice of the claim or suit is given to the Board of Commissioners through the Town Manager or Town Attorney prior to the time the claim is settled or civil suit is litigated and judgment is entered.

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‘This resolution shall not be interpreted in any way to relieve any insurance company of its obligation under any insurance policy to protect the interests of any insured under said policy, or to reduce or eliminate the rights of any officer or employee of the town against any other party. Further, except as expressly stated herein, this resolution is not to be interpreted as a waiver of any rights the town has against any party. Nor shall the adoption of this resolution be construed to waive the defense of governmental immunity.

‘This resolution is effective the 7th day of March, 2001, and shall constitute uniform standards under which claims made or civil judgments entered against officers or employees of the town shall be paid. A copy of this resolution shall be maintained in the office of the Town Clerk for public inspection during all normal business hours.”

TOWN MANAGER FULLER – RESOLUTION SUPPORTING MOUNTAIN-TO-SEA TRAIL

Town Manager Fuller presented for consideration a resolution in support of the mountain-to-sea trail.

MOTION: Comr. Murray made a motion to adopt the resolution supporting the mountain-to-sea trail as presented. The motion was seconded by Mayor Muller which passed unanimously.

The resolution supporting the mountain-to-sea trail, as adopted, read in part as follows:

“RESOLUTION FOR SUPPORT FOR THE MOUNTAIN-TO-SEA TRAIL

‘WHEREAS, numerous citizens of the State of North Carolina, including many citizens of Dare County and of the Town of Nags Head enjoy the many trails located across the state; AND

‘WHEREAS, the State of North Carolina is developing the Mountain-to-Sea Trails across North Carolina for its citizens to enjoy; AND

‘WHEREAS, the current terminus of the Mountain-to-Sea Trail is at Whalebone Junction; AND

‘WHEREAS, the State of North Carolina would like to extend the Mountain-to-Sea Trail to end at Jockey’s Ridge State Park; AND

‘WHEREAS, this extension would locate the Mountain-to-Sea Trail within the town limits of the Town of Nags Head to connect with Jockey’s Ridge State Park.

‘NOW, THEREFORE, BE IT RESOLVED that the Nags Head Board of Commissioners supports the designation of a route of the Mountain-to-Sea Trail through the Town of Nags Head to Jockey’s Ridge State Park.

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‘FURTHERMORE, let this resolution be entered into the minutes of the Town of Nags Head at its regular meeting – this the 7th day of March 2001.”

TOWN MANAGER FULLER – RESOLUTION SUPPORTING TRAFFIC SIGNAL AT JOCKEY’S RIDGE

Town Manager Fuller presented for consideration a resolution in support of a traffic signal at the Jockey’s Ridge State Park entrance. The signal is supported by the Department of Transportation (DOT) and the Thoroughfare Plan identifies that site for a signal. Chief Cameron noted that the resolution also requests that the signal include a pedestrian-activated light because of the mountain-to-sea trail.

MOTION: Mayor Pro Tem Farah made a motion to adopt the resolution supporting a traffic signal at the entrance to Jockey’s Ridge State Park as presented. The motion was seconded by Comr. Remaley which passed unanimously.

In response to a question from Mayor Muller, Deputy Town Manager Rhonda Sommer reported that there is support for off-duty police officers to direct traffic during the peak times this upcoming summer season at the entrance/exit to Jockey’s Ridge State Park. In addition, she stated that DOT has indicated that they have located funding to widen the lanes so that left and right turn lanes will be available when exiting the Park.

The resolution supporting a traffic signal at Jockey’s Ridge, as adopted, read in part as follows:

“RESOLUTION REQUESTING TRAFFIC SIGNAL IMPROVEMENTS AT THE ENTRANCE TO JOCKEY’S RIDGE STATE PARK

‘WHEREAS, the Town of Nags Head is concerned for the health, safety, and welfare of its residents and visitors; AND

‘WHEREAS, U. S. Highway 158 (South Croatan Highway) is the major highway through the Town of Nags Head and intersects with Carolista Drive/Hollowell Street at the entrance to Jockey’s Ridge State Park; AND

‘WHEREAS, Jockey’s Ridge State Park staff have noted a marked increase in annual visitation to the Park especially during the peak summer months; AND

‘WHEREAS, the Town of Nags Head Police Division has reported an increase in accidents at the entrance to Jockey’s Ridge State Park; AND

‘WHEREAS, the Town’s Director of Public Safety has determined that a signal light with pedestrian activated crosswalk is justified on U.S. Highway 158 (South Croatan Highway) at the intersection with Carolista Drive/Hollowell Street at the entrance to Jockey’s Ridge State Park; AND

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‘WHEREAS, the North Carolina Department of Transportation has now determined that a traffic signal is warranted at this intersection; AND

‘WHEREAS, this signal light initiative has also received overwhelming support from the Jockey’s Ridge Advisory Council and the Friends of Jockey’s Ridge organizations.

‘NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Town of Nags Head strongly supports the installation of a traffic signal, with a pedestrian activation feature, on U.S. Highway 158 (South Croatan Highway) at the intersection of Carolista Drive/Hollowell Street at the entrance to Jockey’s Ridge State Park.”

TOWN MANAGER FULLER – REQUEST FOR CLOSED SESSION

Town Manager Fuller requested a Closed Session to discuss land acquisition.

TOWN MANAGER FULLER – FYI ITEM ON BEACH NOURISHMENT

Town Manager Fuller brought to the Board’s attention an FYI memo concerning an update on beach nourishment.

TOWN MANAGER FULLER – FYI ITEM ON TOWN-WIDE STAFF MEETING

Town Manager Fuller brought to the Board’s attention an FYI memo concerning responses to the issues brought up during the town-wide staff meeting.

Mayor Muller directed staff to provide this response memo to all town employees.

TOWN MANAGER FULLER – FYI ITEM ON DOT MEETING

Town Manager Fuller brought to the Board’s attention the memo in the FYI section of their Board packages concerning a recent meeting with the Department of Transportation (DOT). Topics discussed included: The Village at Nags Head drainage, traffic light at Hollowell Street, traffic issues from the Outer Banks Mall to the traffic light at Seachase Drive.

Town Manager Fuller requested guidance from the Board on how to redesign the north entrance to the Outer Banks Mall; the Mall is scheduled to open on April 1, 2001. Town Manager Fuller stated that staff continues to try and get a response from DOT on this issue.

Mayor Muller stated that the most conservative solution would be to make the north entrance to the Mall as right-turn only and to increase the size of the turning space.

TOWN MANAGER FULLER – FYI ITEM ON COMMENDATIONS

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Town Manager Fuller brought to the Board’s attention the correspondence in the FYI section of their Board packages concerning commendations for town employees and town services.

BOARD RESPONSE TO AUDIENCE RESPONSE – CIP PROCESS FOR GALLERY ROW – BOB MARTIN

Mayor Muller discussed with the Board the proposal for street lights and sidewalks on Gallery Row as brought forward by Bob Martin during Audience Response.

Planning Director Ferguson explained that Mr. Martin asked about the CIP process in order to request 30 decorative lights in the Gallery Row area as well as a pedestrian system (sidewalks) to get people safely from one business to another.

Planning Director Ferguson was directed to include sidewalks as well as street lighting in the Planning CIP request for Gallery Row.

BOARD RESPONSE TO AUDIENCE RESPONSE – LOSS OF COMMERCIAL PROPERTY – MIKE KELLY

Mayor Muller addressed Mike Kelly’s concern about the loss of commercial property, specifically hotels/motels. He asked Board members if they had any ideas for direction for staff.

Mayor Pro Tem Farah stated that the town’s vision statement addresses single family homes. He agreed with Mr. Kelly and feels that the town needs to take a closer look at this issue.

Mayor Muller said that there are a number of regulations in the Town Code that could be modified to make things easier for hotel/motel businesses. One is the requirement for a fire lane all the way around the buildings and another is the requirement for their own beach access. Board members discussed the current trend of older hotels/motels being torn down and replaced with new accommodations and the affect this has on those who visit looking for accommodations for a short-term stay.

Comr. Flynn noted that many people come down and stay in Kill Devil Hills where there are no issues in keeping hotels.

Mayor Muller stated that he will bring this issue up under his agenda at the April 4, 2001, Board meeting for further discussion. He stated further that there is no action for staff at this time.

BOARD RESPONSE TO AUDIENCE RESPONSE – FERAL CATS – ED WILKINS

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Chief Cameron provided a brief history of the feral cats; he said that the colony of cats seen today behind the Outer Banks Mall is not the same as were seen in 1996 when this issue first arose. He stated that in March 1996, a landscape worker was bit and had to go through the series of rabies shots. He said that the town does not euthanize the cats, the town traps the cats and gives them to Dare County. In 1996, staff was given direction to work with Patty Marshall on this issue.

In response to a question from Mayor Muller, Chief Cameron stated that the cats are trapped mostly as a result of complaints received but sometimes as a result of citings by the animal control officer.

Mayor Muller questioned if the town has an ordinance pertaining to cat owners; Chief Cameron stated that domestic cats are exempt from the leash law which is focused only on dogs.

Comr. Murray questioned the number of cats being seen now as opposed to 1996; Chief Cameron replied that in 1996 there were approximately 30; currently there are 19 feeding trays behind the Outer Banks Mall.

Chief Cameron explained that he and his staff continue to monitor the situation as complaints are received; if a cat is taken from a trap, it is taken to the Dare County Animal Shelter.

Mayor Muller stated that the town’s animal control ordinance is a good ordinance in that it works for house pets but does not work for animals that aren’t getting the proper care from residents. He stated that he does not see how the town can support the public feeding of undomesticated animals as it is not in the best interest of the town.

Town Manager Fuller noted that staff will be bringing back an ordinance concerning tripping or tampering with traps which is an issue that needs to be enforced. In reference to individuals tripping or tampering with traps, Chief Cameron stated that the ordinance currently provides a general provision only, which concerns “interfering with the actions of the animal control officer”.

Patty Marshall, Nags Head resident, spoke again and stated that some people renting cottages have informed her that they will release the cats found in a trap; she also noted that a lot of persons do not keep their pets from running around; she said that she hopes to come to mutual agreement with the town to trap the cats and get them their shots and not just trap them and take them to the County Shelter; she emphasized the need for those in the Village to keep their cats at home.

Bob Oakes, Nags Head resident, spoke again and stated that he would be happy to facilitate education with his seasonal guests; he feels that this is not a gray issue to him because the public health issue is the overriding concern; he noted a similar issue with mosquitoes; he would appreciate the Board taking care of this problem as it is a health issue.

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Patsy Respess, Nags Head resident, spoke again and suggested that the local newspapers print articles educating people about keeping their cats in their own homes and not letting them run loose.

Mayor Muller agreed with Ms. Respess that educational articles in the local newspapers was an excellent suggestion.

Comr. Flynn stated that while she is an animal lover, her priority lies with the public safety. She questioned what happens to those cats without a home and if a disservice is being done to the animals that survive.

Lita Katulski, Feline Hope, spoke again and stated that she would like to prepare a written proposal for an alternate solution to the feral cat issue; she said she would prepare the proposal within the next week for review; Mayor Muller stated that the Board would review Ms. Katulski’s proposal.

Town Manager Fuller confirmed with Mayor Muller that it was Board consensus for staff to continue the current practice of trapping as complaints are received.

Ed Wilkins, Village Board of Directors spoke again and stated that the Village at Nags Head Board of Directors has no issues with cats and does not want cats killed; he said that the Village wants the colony eliminated; he also noted that cats are being dropped off in that area from other areas because they are being fed.

Mayor Muller clarified that staff is to continue their current practice of trapping the animals as complaints are received. He stated that the proposal from Ms. Katulski will be reviewed upon receipt.

MAYOR MULLER – SALES TAX RESOLUTION

Mayor Muller presented a proposed resolution for consideration by the Board supporting local one-cent sales tax for public school capital outlay purposes and beach nourishment. He stated that the town of Kill Devil Hills recently passed a similar resolution.

MOTION: Comr. Murray made a motion to adopt the resolution concerning sales tax as presented. The motion was seconded by Mayor Muller which passed unanimously.

The resolution concerning sales tax, as adopted, read in part as follows:

“RESOLUTION SUPPORTING LOCAL ONE-CENT SALES TAX

‘WHEREAS, the Dare County Board of Commissioners adopted a resolution on February 19, 2001, requesting that the North Carolina General Assembly adopt legislation authorizing the Dare County Board of Commissioners to impose an additional one-cent sales tax to be used only for public school capital outlay purposes and beach nourishment; AND

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‘WHEREAS, up to 30% of the tax can be used for beach nourishment and the remainder is to be used for public school capital outlay purposes and/or to pay debt service incurred by the county for those purposes after January 1, 2001; AND

‘WHEREAS, the Town of Nags Head recognizes the importance of public education and strongly supports the Dare County's efforts to provide adequate school facilities for all of Dare County; AND

‘WHEREAS, the Town of Nags Head recognizes beach nourishment is its preferred method of erosion abatement and that local funding for beach nourishment should come from a variety of tax sources.

‘NOW, THEREFORE, BE IT RESOLVED that the Town of Nags Head Board of Commissioners endorses the Dare County Board of Commissioners’ request for an additional one-cent sales tax to be used only for public school capital outlay purposes and beach nourishment.”

MAYOR MULLER – REQUEST FOR CLOSED SESSION

Mayor Muller requested a Closed Session to review the minutes from previous Closed Session minutes.

MAYOR MULLER – AGENDA FOR THE MARCH 21, 2001, MID-MONTH MEETING

Mayor Muller stated that the agenda for the March mid-month meeting will be as follows: Vacation Rental Impact Committee (VRIC) presentation; Geographic Information System (GIS) presentation; and a joint workshop with the Planning Board to discuss large, medium, and small box stores.

MAYOR MULLER – CIP WORKSHOP SCHEDULED

After conferring with Board members, Mayor Muller scheduled a CIP Workshop for Wednesday, March 28, 2001, at 1:30 p.m. in the Board Room. He stated that he will notify department heads of the departments to be discussed.

MAYOR PRO TEM FARAH – TOWN PERSONNEL COMMITTEE

Mayor Pro Tem Farah apologized for not being able to attend many of the Personnel Committee meetings as Board liaison. He suggested that Comr. Flynn take his place on the Committee.

It was Board consensus that Comr. Flynn replace Mayor Pro Tem Farah as Board liaison on the town Personnel Committee.

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COMR. MURRAY – PROCLAMATION DESIGNATING “THE WEEK OF THE YOUNG CHILD”

Comr. Murray presented a proposed proclamation designating April 1 – 7, 2001, as “The Week of the Young Child” for consideration by the Board.

MOTION: Comr. Remaley made a motion to adopt the proclamation concerning “The Week of the Young Child” as presented. The motion was seconded by Mayor Pro Tem Farah which passed unanimously.

The Proclamation designating “The Week of the Young Child”, as adopted, read in part as follows:

“THE WEEK OF THE YOUNG CHILD

‘WHEREAS, the Town of Nags Head and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating The Week of the Young Child, April 1 – 7, 2001; AND

‘WHEREAS, by calling attention to the need for high-quality early childhood services for all children and families within our community, these groups hope to improve the quality and availability of such services; AND

‘WHEREAS, the future of our community depends on the quality of the early childhood experiences provided to young children today; AND

‘WHEREAS, high-quality early childhood services represent a worthy commitment to our children’s future.

‘NOW, THEREFORE, I, Robert W. Muller, Mayor of the Town of Nags Head, on behalf of the Nags Head Board of Commissioners do hereby proclaim April 1 – 7, 2001, as The Week of the Young Child in Nags Head, North Carolina and urge all citizens to recognize and support the needs of young children in our community.”

COMR. MURRAY – TOWN HISTORICAL COMMITTEE

Comr. Murray reported that the town Historical Committee recently interviewed on tape several persons with first-hand knowledge of the town’s early days. He stated that the Outer Banks History Center, Sarah Downing, has established a section on Nags Head in the Center. He encouraged anyone with photographs of historical value to take them to Ms. Downing.

CLOSED SESSION

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MOTION: Mayor Pro Tem Farah made a motion to enter Closed Session to review the Closed Session minutes of previous meetings, to discuss land acquisition, and litigation. The motion was seconded by Comr. Remaley which passed unanimously. The time was 4:00 p.m.

OPEN SESSION

The Board re-entered Open Session at 4:50 p.m. Mayor Muller stated that during Closed Session the Board took action concerning the previous Closed Session minutes.

TOWN MANAGER FULLER – THANK YOU TO BOARD

Town Manager Fuller thanked the Board for the adoption of a resolution to provide legal support for staff involved in litigation issues.

TOWN MANAGER FULLER – OUTER BANX STEAKHOUSE LIGHTING

Town Manager Fuller brought to the Board’s attention the decorative lights around the roof-line of the Outer Banx Steakhouse which are in violation of the town’s lighting ordinance. He explained that owner, Lanny Roof, was informed prior to installation of the lights that they were against the town’s lighting ordinance.

TOWN MANAGER FULLER – NATIONAL PARK SERVICE LIFEGUARD AND FIRE SERVICE

Town Manager Fuller briefed the Board on the town’s contract with the National Park Service for lifeguard and fire service, which is renewed annually and which expires March 31, 2001. He explained that the Park Service was notified in June 2000 that the town would be reviewing/modifying the contract to increase costs in order to provide the town adequate compensation for fire and lifeguard services. He stated that a meeting was held with the Park Service with no resolution. The town forwarded a letter to the Park Service several weeks ago; the town was subsequently informed that the Park Service would be sending out an RFP for fire service as they were dissatisfied with the town’s request for additional compensation.

Town Manager Fuller reported that the Park Service assistant superintendent recently called and requested an extension of six (6) months which he denied. Town Manager Fuller further explained that last week he was informed that the Public Safety Director was asked by Park Service staff to ask Town Manager Fuller to forward a letter to the Park Service requesting another meeting. It was noted that the Park Service superintendent is the legal party responsible for ensuring that adequate fire service is provided.

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It was Board consensus to direct Town Manager Fuller to write another letter to the National Park Service superintendent requesting that a meeting be scheduled to discuss the issue of fire service.

ADJOURNMENT

MOTION: Comr. Murray made a motion to adjourn to a mid-month meeting on Wednesday, March 21, 2001, at 7:30 p.m. in the Board Room. The motion was seconded by Comr. Remaley which passed unanimously. The time was 5:05 p.m.

_______________________________Carolyn F. Morris, Town Clerk

Approved: ___________________________

Mayor: ___________________________Robert W. Muller

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