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DRAFTTOWN OF NAGS HEAD

BOARD OF COMMISSIONERSREGULAR SESSION

April 7, 2010

The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 South Croatan Highway at 9:00 a.m. on Wednesday, April 7, 2010.

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

COMRS ABSENT: Comr. Anna Sadler

OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Kevin Brinkley; Butch Osborne; Dave Clark; Ralph Barile; Kim Kenny; Tim Wilson; Roberta Thuman; John Ratzenberger; John Mascaro; Joe Duke; Josh Whitley; Johnny Cornwell; Jane Martins; Sonya Barnhart; Marvin Demers; Ed Mays; and Town Clerk Carolyn Morris

CALL TO ORDER/PRAYER/PLEDGE OF ALLEGIANCE

Mayor Oakes called the meeting to order at 9:00 a.m.; Pastor Fecenda from Still Waters Baptist Church provided the prayer which was followed by the Pledge of Allegiance.

ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the April 7th agenda as presented. The motion was seconded by Comr. Cahoon which passed 4 - 0 (Comr. Sadler was not present.).

AUDIENCE RESPONSE

Mayor Oakes opened Audience Response.

Draft Nags Head Board Meeting MinutesApril 7, 2010

AUDIENCE RESPONSE - JOHN RATZENBERGER

John Ratzenberger, Nags Head resident; spoke as the Chair of the Town's 50th Birthday celebration in June 2011; the components of a birthday are a party, a present, and participation; is will be mindful of the current economic state; he will speak with Citizens Advisory Committee members when they meet on Monday, April 12th; during today's Board member agendas, he asked Board members to provide any thoughts on the Town's Birthday celebration - or provide information to him afterwards.

AUDIENCE RESPONSE - ED MAYS

Ed Mays, Nags Head Pond resident; he distributed a handout with photos and a CD; while he is looking forward to the new west-side multi-use path currently being constructed, he is aware that the new path will not have an 18" pipe which is a lifeline for stormwater drainage for Nags Head Pond; he asked the Board to please authorize re-installation of the 18" pipe which is where stormwater leaves the Nags Head Pond Subdivision and removed for construction of the new multi-use path; he stressed how it would be easier to take care of the problem now rather than later.

No one else present wished to speak during Audience Response.

RECOGNITION OF EMPLOYEES

Public Works Director Dave Clark introduced Sr Fleet Mechanic Patrick Norcross who was recognized by the Board for three (3) years of service.

Town Manager Cliff Ogburn recognized retiring Fire Chief Butch Osborne; Mayor Oakes, on behalf of the Board, read a plaque of recognition and appreciation for Chief Osborne, who was given a standing ovation.

PROCLAMATION DECLARING APRIL 2010 AS CHILD ABUSE PREVENTION MONTH

Mayor Oakes reviewed the proclamation declaring April 2010 as Child Abuse Prevention Month.

MOTION: Comr. Cahoon made a motion to adopt the Proclamation declaring April 2010 as Child Abuse Prevention Month as presented. The motion was seconded by Comr. Remaley which passed 4 - 0 (Comr. Sadler was not present.).

CONSENT AGENDA

The Consent Agenda consisted of the following items:

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Consideration of Budget Adjustment #10 to FY 09/10 Budget Ordinance

Consideration of Tax Adjustment Report

Approval of Minutes

Acceptance of Sand Wedge Lane in Village at Nags Head into Town street system

Consideration of modification to Consolidated Fee Schedule to incorporate DVD cost

Mayor Pro Tem Gray confirmed with Deputy Public Works Director Ralph Barile that Sand Wedge Lane has met the Town street requirements.

MOTION: Comr. Cahoon made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Remaley which passed 4 - 0 (Comr. Sadler was not present.).

A copy of Budget Adjustment #10, 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 Sand Wedge Lane memo, as approved, read in part as follows:

"On January 3, 2007, the Board of Commissioners approved the 7-lot subdivision to be recorded as Sandcastle Village Subdivision, in the Village at Nags Head. To receive the Board’s approval, certain public improvements were required to be constructed/installed and approved by the Public Works Department. 'These improvements included the street named “Sand Wedge Lane”, one fire hydrant, seven water services, two streetlights and the waterline extension. All improvements were inspected and approved, as indicated in the Public Works Director’s e-mail to the Planning Director on November 16, 2005. The subdivision and the associated improvements were approved by the Planning Board on December 20, 2006."

The Consolidated Fee Schedule modification to incorporate the new DVD cost, as approved, read in part as follows:

"Request Board consideration of a modification to the Town's Consolidated Fee Schedule to incorporate "actual" cost of a DVD to be purchased by the public for viewing of Board of Commissioners meetings.

'Currently, Consolidated Fee Schedule lists cost as $25 for each DVD; actual cost is closer to $13 to include DVD, creation of the DVD, shipping and handling."

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PUBLIC HEARINGS

Public Hearing to consider request for Certificate of Public Convenience and Necessity forLady Jane taxi-cab business, Jane Martins, owner

Attorney John Leidy opened the Public Hearing at 9:20 a.m. He stated that the Board of Commissioners must adhere to the factors as listed in Town Code Chapter 46. The memo from the Town Clerk included in the Board packages and listing those factors read in part as follows:

"On January 19, 2010 the attached application for a Certificate of Public Convenience and Necessity was received in the Town Clerk’s office, the applicable fee was paid, and a copy forwarded to the Police Division for investigation.

'This application is from Lady Jane, Jane A. Martins, owner.

'Section 46-73 of the Town Code requires the Board of Commissioners, before making any decision with respect to the issuance of a Certificate, cause to be made a full and complete investigation of all facts and may, if it desires, subpoena witnesses and utilize the services of the Public Safety Director, or his designee, or any officer or employee of the Town.

'In determining whether a public convenience and necessity requires the granting of a certificate, Section 46-74 of the Town Code requires the Board of Commissioners to take into consideration the following factors:

1. Whether or not the public convenience and necessity satisfies the requirement for public safety and availability within the town.

2. The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible, and satisfactory.

3. The number and conditions of taxicabs to be operated.

4. The schedule of the proposed rates and fares to be charged.

5. The experience of the applicant in the taxicab business.

6. Consideration of GS 160A-304, regulation of taxis.

7. Such other relative facts as may be deemed necessary and advisable.

'Section 46-76 (a) of the Town Code requires the Board of Commissioners to grant a certificate when the applicant has established to the Board of Commissioners’ satisfaction

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that the public convenience and necessity would be served, that the requirements of this chapter are complied with, and that the factors considered by the Board, as set out in Section 46-74 favor the issuance of a certificate. Each certificate may contain such terms and conditions as the Board of Commissioners may consider desirable to impose for the public welfare, safety, convenience or necessity.

'Section 46-76 (b) of the Town Code requires the Board of Commissioners to deny a certificate to an applicant who does not establish to the Board's satisfaction that the issuance of a certificate would serve the public convenience and necessity, or when, in the considered opinion of the Board, the applicant would not comply with the provisions of Chapter 46 of the Town Code, or that the requirements in Section 46-74 favor disapproval of the application.

'The application and background information was forwarded to Public Safety - Police Department - for processing - The memo from the Police Department indicating compliance with the Town Code is provided as Attachment #4."

The following persons were sworn in by Town Clerk Carolyn Morris for the quasi-judicial hearing: Applicant Jane Martins, Sonya Barnhart, Coastal Cab Company Joe Duke, Atlantic Cab Company Josh Whitley, and Police Chief Kevin Brinkley.

Notice of the Public Hearing was published in the Coastland Times on Thursday, March 25, 2010, and on Thursday, April 1, 2010, as required by law.

Jane Martins, applicant; said that she has petitions of support in her possession.

Attorney John Leidy asked Ms. Martins if she had been cited for any State law violations; she responded that she had not - not when driving a taxicab.

Ms. Martins stated that she was charged with a violation for selling beer; she was called by someone to deliver beer which turned out to be an ALE agent which was a $10 delivery charge plus the cost of the beer - a court hearing on this case is scheduled for May 4, 2010. In response to attorney Leidy, Ms. Martins said that she has also been cited for civil citation for operating a cab without having a Certificate of Necessity.

Mayor Pro Tem Gray confirmed with Ms. Martins that the alcohol offense is still pending; he also confirmed with Ms. Martins that she was cited for a violation of the Town Code in June 2009.

Attorney Leidy said that the "for hires" are regulated by the Town; limousine service is contracted by the business; taxicab service is an on-demand type of service. Comr. Cahoon confirmed that Ms. Martins had a Town permit for limousine service.

Attorney Leidy confirmed that Ms. Martins keeps her vehicles at her house and at the Snowbird location; drives take their vehicles home. She stated that she has no home occupation business license.

Town staff response to application:

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Police Chief Kevin Brinkley said that the Police Dept received information that Ms. Martins was operating a taxicab business without receipt of a Certificate of Public Convenience and Necessity and operating in violation of ALE laws of the State; He summarized issues with Ms. Martins' business; he reported on the complaints he received from other taxicab companies that are legally permitted by the Town.

Mayor Oakes confirmed with Chief Brinkley that complaints received were from other taxicab businesses and from private citizens.

Josh Whitley, Atlantic Cab Company; he said that for the past six (6) years Mr. Martins has charged rates half of what is normally charged by his legal business; she has been operating without insurance for six (6) months; he does not see a need for another taxicab business in the town and hopes it would give his business a chance to grow.

Jane Martins, applicant; responded to Mr. Whitley's comments; she reported that she charges a fair amount; as a limo service she was legal; she is not taking business away from any company; in response to Mayor Pro Tem Gray, she said that she only responds to phone calls which she considers a limousine service.

Joe Duke, Coastal Cab and Coastal Transportation; said that the emphasis is on the applicant to show that there is a need for an additional taxicab service; today there are at least five (5) companies operating in Nags Head; number of taxicabs are failing on the beach and their business is down 39% this past year; it is getting very difficult to operate his business during these economic times; in a publication he reviews the Outer Banks is placed fourth from the lowest in terms of rates; he is mixed about a rate increase as locals cannot afford increased rates; in response to Comr. Cahoon, Mr. Duke said he was not sure if having summertime and wintertime rates would be appropriate.

Sonya Barnhart; said that by the Board of Commissioners allowing any individual service with an appropriate certificate would only add to the health of the community; she is looking for a cab company that travels to Duck.

Comr. Cahoon confirmed with Chief Brinkley that the two (2) complaints he spoke of earlier referred to private citizens.

There being no one else present who wished to speak, Attorney Leidy concluded the Public Hearing at 9:59 a.m.

Comr. Remaley suggested that consideration of Ms. Martins request be tabled pending the outcome of the alcohol charge. He stated that he has not heard enough testimony showing a need for an additional company.

Comr. Cahoon confirmed with Chief Brinkley that a conviction would not necessarily prohibit Ms. Martins from receiving a Certificate of Necessity.

Mayor Pro Tem Gray expressed his concern that Ms. Martins business does not meet the high standards of the Town's taxicab companies.

Comr. Cahoon questioned if the Town needs to consider consolidating/streamlining limo/taxicab businesses - She does see a need for taxicabs just by reviewing the number

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of DUI's in the court section of the newspaper. In addition, Comr. Cahoon questioned why only one segment of the community - taxicab businesses - are burdened with proving there is a need - why not souvenir shops - she questioned why all businesses are not treated equally.

MOTION: Comr. Remaley made a motion to table discussion on Jane Martins Lady Jane taxi-cab service request - the motion failed for lack of a second.

Mayor Oakes questioned if there was enough demand for another taxicab company in Nags Head; she is going through the process which is what the Town asked her to do; there needs to be a level playing field and there has to be use of the same rates; the business cycle will determine if she makes it or fails.

MOTION: Mayor Pro Tem Gray made a motion to deny Ms. Martins' request for Lady Jane taxi-cab service. The motion was seconded by Comr. Remaley which failed 2 - 2 with Mayor Oakes and Comr. Cahoon casting the NO votes.

MOTION: Comr. Remaley made a motion to table discussion on Jane Martins Lady Jane taxi-cab service request until the May 5, 2010 Board of Commissioners meeting when further information is expected to be available (Ms. Martins' alcohol violation is scheduled for court on May 4, 2010). The motion was seconded by Mayor Oakes which passed 4 - 0 (Comr. Sadler was not present.).

Public Hearing to consider a zoning ordinance text amendment submitted by Danat Mayzanov to amend Town Code Chapter 48, Zoning, to permit coffee carts as an accessory use to shopping centers

Zoning Administrator Kelly Wyatt summarized her memo concerning an amendment to the Town Code to permit coffee carts as an accessory use to shopping centers which read in part as follows:

"Danat Mayzanov has submitted the attached zoning ordinance text amendment application, which if adopted would permit the operation of coffee carts. The coffee cart would be permitted as an accessory use to retail shopping centers and malls located within the Town’s C-2, General Commercial District and in the Village at Nags Head Commercial 1 and Commercial 2 Districts. This ordinance is similar in structure to the outdoor fresh produce stand ordinance and the hot dog vending stand ordinance recently approved.

'Proposed new ordinance Section 48-375 sets forth the provisions that would specifically govern the items for sale, number of stands, size, site location and days of operation for the proposed accessory use. Under the provisions of the proposed ordinance one (1) coffee cart would be allowed on the site of an existing retail shopping center or mall. Carts would be for the purpose of selling coffee and may be operated year round. The cart must be removed daily from the property which it is located upon. Any sales other than coffee/espresso would be limited to ten percent (10%) of the stand area. The cart would be limited to a maximum size of 150 square feet and the location of the cart on the site would have to comply with all the district dimensional requirements (yard setbacks, lot coverage, etc.) as required of the principal shopping center use.

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'In review of this request staff found the applicant did not propose a parking standard for this use. In past approvals of vending stands the Board has required the following parking standard:

'Parking would be accommodated by existing parking at the shopping center, provided that there were at least fifty (50) improved parking spaces on-site. If less than fifty (50) parking spaces are on-site the coffee cart would be required to provide 3 parking spaces.

'This is the same parking standard required of outdoor fresh produce stands and hot dog vending stands. Parking reduction requirements are already allowed by Zoning Ordinance Section 48-165 between abutting principal commercial uses begins with a minimum of 50 available parking spaces. This parking standard is primarily based on this same shared parking model found in the ordinance and uses the exact same starting point of fifty (50) parking spaces. Under no circumstances would the coffee cart be allowed to be located on any parking space(s) required by the existing business uses in the shopping center or in required drive aisles.

'Also not included in the applicants proposed text amendment are regulations governing the amount of signage allowed for this proposed use. Again, staff would recommend using the same standard granted for outdoor fresh produce stands and hot dog vending stands should this use be approved. By doing such, coffee carts would be allowed one temporary sign attached to the cart and such sign shall not exceed 15 square feet in area or extend above the roof of the cart/stand.

'The following condition was included in the outdoor fresh produce stand ordinance as well as the recently approved hot dog vending stand ordinance:

'Where the regulations contained in this subsection are in conflict with the general regulations of Chapter 12, Article III, Peddlers and Itinerant Merchants, the provision of this Chapter (Chapter 48, Zoning) shall prevail.

'Though this provision was omitted from the applicants proposed text amendment staff submits that, should the ordinance be adopted, this language is necessary in order to ensure proper permitting.

'Staff finds no inconsistencies between the proposed ordinance and land use plan.Staff also finds the proposed use and permitting requirements to be consistent with and very similar to vending stand use amendments previously recommended by the Planning Board and adopted by the Board of Commissioners. Staff has no objections to the request but submits that the above noted parking standard, signage standard and permitting standard should be included for consistency.

'Planning Board RecommendationAt their March 16, 2010 meeting, the Planning Board voted 5 to 2 to recommend adoption of the proposed zoning ordinance text amendment with staff recommended revisions concerning parking, signage and itinerant merchant language being included. The Planning Board also recommended that a one year sunset provision on this ordinance be incorporated.

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'At this same meeting the Planning Board initiated a zoning ordinance text amendment which would permit only one vending stand per shopping center site. Planning Staff will be presenting this request to the Planning Board at their April 20, 2010 meeting."

Notice of the Public Hearing was published in the Coastland Times on Thursday, March 18, 2010 and on Thursday, March 25, 2010 as required by law.

Comr. Cahoon confirmed with staff that the Planning Board recommended ordinance concerning only allowing one (1) cart per shopping center at any one time would be presented to the Board at the May 5, 2010 Board of Commissioners meeting. Comr. Cahoon also confirmed with Ms. Wyatt that the provision in the memo concerning the requirement for at least 50 parking spaces or the cart provides three (3) parking spaces would be included in the ordinance.

Attorney John Leidy requested anyone present who wished to speak to step to the podium and address the Board. The time was 10:33 a.m.

There being no one present who wished to speak, the Public Hearing was concluded at 10:34 a.m.

MOTION: Comr. Remaley made a motion to adopt the ordinance recommended by the Planning Board concerning coffee vending carts as presented. The motion was seconded by Comr. Gray.

In response to Comr. Remaley, Planning Director Tim Wilson explained that the ordinance would end after one year and the Board would then need to take an action to keep it on the books. If the Board took no action to continue the use (after one year) and the vendor continued to exist, it would be a legal nonconformity and would not have to go away.

CONTINUATION OF MOTION: The motion passed 4 - 0 (Comr. Sadler was not present.)

The ordinance concerning allowing coffee vending carts in shopping centers, as adopted, is attached to and made a part of these minutes as shown in Addendum "C".

OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Discussion of a zoning ordinance amendment to permit wind energy facilities larger in size that those that were previously approved - from March 17, 2010 Board meeting

Planner Angela Welsh summarized her memo which read in part as follows:

"In October of 2009 the Board adopted a Wind Energy Facilities ordinance to allow roof top wind energy facilities as an accessory use permitted in the C-2 General Commercial District. It also allowed small wind energy facilities (20 kW or less) as an accessory conditional use in the Hotel Overlay District as well as the principal uses in the underlying C-2 General Commercial District. At that time, the Board decided medium wind energy facilities and large wind energy facilities would not be permitted within the Town.

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'At their March 17, 2010 mid month meeting it was Board consensus that staff research the possibility of permitting larger wind turbines in the Town to allow for more power to be generated.

'The proposed ordinance would amend the definition of small wind energy facility to allow one (1) wind energy facility per lot which has a total rated capacity of 100kW or less as an accessory conditional use in the Hotel Overlay District. Staff has also changed the name of small wind turbine energy facilities to read wind turbine energy facilities. The reasoning behind this change is the Model Wind Energy Facilities Ordinance provided by North Carolina Wind Working Group at Appalachian State University which the Town’s wind facilities ordinance was drafted after provides for small wind energy facilities to consist of one (1) turbine and have a total rated capacity of 20kW or less. Per the model ordinance a medium wind energy facility consists of one or more turbines which have a total rated capacity of more than 20kW but not greater than 100 kW.

'The proposed ordinance would also amend the permitted height of wind turbine energy facilities. The height of the wind turbines for the Jennette’s Pier project of 105’ was incorporated into the original Ordinance as the maximum height for small turbines within the Town. Staff has increased the height allowance slightly more than 50% to allow a wind turbine height of 160 feet measured from grade to the tip of the turbine blade when it reaches its highest elevation. Staff has also maintained the setback requirements from the original ordinance. Wind energy facilities must be set back a minimum distance of 1.1 times the wind turbine height from all property lines and rights-of-way.

'Per the Board's request, Staff is forwarding a draft Ordinance for your consideration. If the Board wants to formally consider amending the Wind Energy Facilities section of the Ordinance the Board must make a motion to initiate the text amendment process."

Staff is to contact the legislative affairs office of NC Dominion Power and obtain (in writing) their policy on/clarify danger to power lines and setbacks and the erection of wind turbines receiving input from cell tower companies. This discussion is to be brought back to the Board after further information is obtained.

NEW BUSINESS

Committee Reports

Mayor Oakes - NC Beach and Inlet Waterway Association (NCBIWA) - Mayor Oakes attended the recent NCBIWA meeting in Carolina Beach; he found out there was a significant lack of dredging business right now which he hopes works in the Town's favor when the Town's project is permitted and financed. Other subjects discussed at the NCBIWA conference include waterfront access, sea level rise, and terminal groins.

Comr. Cahoon - Coastal Resources Commission meeting - Comr. Cahoon spoke of CRC's recommendation to the legislature concerning terminal groins - which passed with a 8 - 5 vote - if used in conjunction with a beach nourishment project. The Senate has passed it and waiting for the House of Representatives who has held it up in Committee.

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Mayor Oakes - NC 20 Organization - The NC 20 organization (made up of the North Carolina coastal counties) met recently; several from Dare County spoke including Outer Banks Association of Realtors/Homebuilders liaison representative Wilo Kelly who reported on beach insurance and how considerably more is paid on inland claims than on coastal claims.

Mayor Oakes - The Beach Road Committee met yesterday (April 6, 2010) and the Beach Plan Committee meets on Saturday, April 10, 2010.

Consideration of resolution to join NCLM Municipal Environmental Assessment Coalition (MEAC) Project

Public Works Director Dave Clark summarized the agenda summary sheet concerning the League's Municipal Environmental Assessment Coalition Project which read in part as follows:

"The North Carolina League of Municipalities (NCLM) has notified its members of pending surface water quality rules. The U. S. Environmental Protection Agency (EPA) has mandated that the NC-DENR Division of Water Quality (DWQ) review and modify its current surface water quality rules, particularly those dealing with various metals and chlorophyll-a, a nutrient. These rules, if adopted as proposed, will have widespread impact through the state, effecting wastewater treatment plants, stormwater programs, riparian buffers and other activities affecting surface waters. NCLM has proposed to create a coalition (MEAC) to fund an independent engineering analysis of these pending rules, their basis in science, and their fiscal impact on the member communities. The cost of participation is based on population and Nags Head would be assessed $250.00, one-half with the submission of the Agreement, and the balance after July 1, 2010. These funds are/will be available in the Professional Fees line of the Public Works Administration operating budget."

MOTION: Comr. Remaley made a motion to authorize staff to participate in the NCLM Municipal Environmental Assessment Coalition (MEAC) at a cost of $250. The motion was seconded by Mayor Oakes which passed 4 - 0 (Comr. Sadler was not present.).

Discussion of structure demolitions by the Town

Town Manager Cliff Ogburn reported on the nuisance structure demolitions in the Town. Litigation has been filed on 17 of the 55 structures; homes of the greatest concern are those with safety/integrity issues.

Town Manager Ogburn spoke of one particular structure on Nansemond; he has received an estimated cost of $7,500 to remove it; he questioned if staff should pursue encouraging the property to comply with its removal or if the Town should have the structure removed at considerably lesser costs.

Attorney John Leidy reported that the Nansemond property is located on public trust land and that the litigation process to get the owner to remove it would cost approximately

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$20,000 - $30,000. Economically it would be more feasible for the Town to remove the house. He explained further that each property is evaluated on a case-by-case basis.

Mayor Pro Tem Gray spoke in favor of having the Town remove the house from the beach rather than taking the litigation route - in order to save money.

It was Board consensus to have the Nansemond house removed by the Town and to work with the property owners as much as possible. Funding source for this action is to be determined by the Town Manager.

ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER

Town Manager Ogburn - Report on Town's beach nourishment question/answer forum

Town Manager Cliff Ogburn summarized the beach nourishment project presentation by Coastal Science & Engineering (CSE) President Tim Kana yesterday (April 6, 2010) in the Board Room. The presentation was well attended and Mr. Kana addressed several questions from the public.

Mayor Pro Tem Gray pointed out that Mr. Kana noted that the difference in costs from summer/winter dredging was significant; it was also pointed out that because of additional monitoring of sea life, the Division of Marine Fisheries has requested more research - permits may take an additional six (6) months to be issued.

Mayor Oakes said that he feels this is more of a research project that the Town would be doing for the State.

Finance Officer Kim Kenny reported that there was approximately $50,000 left in the CSE fund with invoices running approximately $15,000 per month.

Town Manager Ogburn - Consideration of resolution authorizing Prudential to administer 457 plan for the Town

Human Resources Director Bonita Hurdle summarized her recent email which read in part as follows:

"When the State renewed their contract for recordkeeping services with Prudential retirement for the NC 401(k) Plan, Prudential was also awarded recordkeeping responsibilities for the NC Deferred Compensation Plan (457). The 457 Plan gives employees another retirement savings option in addition to a 401(k) Plan, but with some unique differences. First of all, the 457 Plan allows full-time, part time and elected/appointed officials and rehired retired employees to contribute. Another unique feature of 457 Plans is that regardless of age upon termination or retirement, members may begin withdrawals without incurring the IRS 10% early withdrawal penalty. 'From an employer perspective, there is no cost to add the Plan. The 457 Plan is overseen and monitored through the State Treasurer's Office. Because we already have

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a relationship with Prudential Retirement, the remittance process is established through a bank draft process. 'We currently offer the 457 Plan to employees, however, the Plan is administered by ICMA and their office is located in Washington, DC. We do not have an area representative. With Prudential 457, we will have a representative that lives in the area to service and work with employees. Prudential's office is located in Raleigh. 'Under the Town Manager's agenda tomorrow, I would like to present a request that the Board adopt a resolution to allow Prudential to administer our 457 Plan. If approved, we will schedule information sessions in the month of May or June."

MOTION: Comr. Remaley made a motion to adopt the resolution authorizing Prudential to administer the Town's 457 Plan. The motion was seconded by Comr. Cahoon which passed 4 - 0 (Comr. Sadler was not present.).

The resolution concerning the 457 plan, as adopted, read in part as follows:

"WHEREAS, The Town of Nags Head Board of Commissioners wishes to provide a qualified defined contribution plan to the employees of the Town of Nags Head; AND

'WHEREAS, the State of North Carolina has established the North Carolina Public Employee Deferred Compensation Plan, a qualified governmental Deferred Compensation Plan under Internal Revenue Code 457(b) for public employees of North Carolina.

'THEREFORE, be it resolved that the Town of Nags Head Board of Commissioners has adopted the North Carolina Public Employee Deferred Compensation Plan also known as "NC Deferred Comp" under the terms of the Plan Document and the Third-Party Administrator Agreement. All employees shall become eligible to defer compensation (immediately or waiting period)."

Town Manager Ogburn - Stormwater projects

Public Works Director Dave Clark provided updates on the following stormwater projects:

Northridge Subdivision- Re-establish swales on Buccaneer - Reconnect ditch from Lookout to the bypass- Letter forwarded to Lookout property owners re: re-establishment of swales

Vista ColonyTown Engineer is reviewing area that backs up to Wellfield Road and preparing contract with town engineer to develop a plan to get water to move out of the northwest area of Vista Colony.

Nags Head Pond- Additional culvert/pipe will be added to multi-use path project in response to Ed Mays' comments re: stormwater drainage

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Mayor Pro Tem Gray - Southeast corner of Nags Head AcresDeputy Public Works Director Ralph Barile reported that staff is making sure that the drainage feature mandated by DWQ does not impede the flow of stormwater drainage.

Vista ColonyMayor Oakes suggested utilizing a sump pump to pump excess stormwater to a Town-owned lot. South Nags Head Fire Station #21 ditchPublic Works Director Dave Clark reported on a meeting with the National Park Service staff concerning the cleanup of the Fire Station #21 ditch - efforts will be focused on cleaning out this ditch by Dept. of Correction inmates.

Town Manager Cliff Ogburn - Fire Chief Butch Osborne retirement luncheon

Town Manager Ogburn invited the Board to attend the retirement luncheon of Fire Chief Butch Osborne on Thursday, April 15, 2010 at 12 Noon at Fire Station #16.

BOARD OF COMMISSIONERS AGENDA

Comr. Remaley - Consideration of FY 10/11 Government Access Channel Budget

The agenda summary sheet read in part as follows:

"At the April 7, 2010 Board of Commissioners meeting, Comr. Remaley will present the annual budget for operation of the Government and Education Channels - as approved by the Government Access Channel (GAC) Committee. Approval by each participating entity is being requested for the current annual amount of $1,000.

'Attached please find proposed budget details and narrative. The narrative indicates that the expanded budget, which requires no additional funding, includes staff expansion to full-time employment, funding for development of streaming video, and beginning of a 3-year capital improvement plan to further develop the channels."

MOTION: Comr. Remaley made a motion to approve the Government Access Channel Committee budget of $1,000 as presented. The motion was seconded by Mayor Pro Tem Gray which passed 4 - 0 (Comr. Sadler was not present.).

Comr. Cahoon - State money for beach nourishment/Carteret County received funding

Comr. Cahoon stated that Nags Head has consistently been told that there would be no State money without a Federal project; however, Carteret County is receiving State funding. Comr. Cahoon emphasized that the Town needs to push the Water Resources Commission because State law does not require a federally approved project.

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Town Manager Ogburn is to schedule a meeting with the Water Resources Commission to discuss the possibility of obtaining funding for the Town's beach nourishment project; contrary to previously received information, a federally-approved project is not a requirement to obtain State funding.

Comr. Cahoon - Town Brochure

Comr. Cahoon reported that she has viewed surfers near Jennette's Pier trespassing on private property as well as on the sand dunes; she requested that the Surfrider organization emphasize to its members the importance of respecting the law concerning trespassing.

Comr. Cahoon - Public Beach Access signage

Comr. Cahoon requested that the signage that denotes beach accesses be larger; it is difficult to see the signs identifying beach accesses at a distance.

Mayor Pro Tem Gray - Wellness competition - removed from March 17, 2010 consent agenda

Mayor Pro Tem Gray mentioned that the wellness competition prize agenda item was removed from the March 17, 2010 consent agenda but was not addressed later during the meeting.

Mayor Oakes explained that Board members received the specific criteria for the program via email at a later date and the prize was subsequently modified.

Town Manager Ogburn noted that staff has no requests at this time for the Board concerning the Wellness Program.

MAYOR’S AGENDA

Budget Workshop dates

It was Board consensus to schedule the following Budget Workshops: Monday, April 26, 2010 at 3:00 p.m., Wednesday, April 28, 2010 at 7:00 p.m., Monday, May 10th at 7:00 p.m., Wednesday, May 12th at 3:00 p.m. and Monday, May 17th at 7:00 p.m. if needed.

Consideration of endorsement of Dare County resolution re: collection of delinquent property taxes upon transfer of property

The agenda summary sheet concerning the Dare County resolution requesting the collection of delinquent property taxes prior to deed recording read in part as follows:

"At the April 7, 2010 Board of Commissioners meeting, Board members will consider endorsing the attached Dare County Resolution No. 10-03-11 entitled: Resolution of the

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Dare County Board of Commissioners regarding Collection of Delinquent Property Taxes upon Transfer of Property.

'The resolution adopted by Dare County requests that it be included as one of the authorized counties to require the Register of Deeds not to accept any deed transferring real property for registration unless the County Tax Collector has certified that no delinquent taxes are found.

'General Statute 161-31 re: tax certification provides some additional information and is attached."

MOTION: Comr. Remaley made a motion to endorse Dare County's resolution concerning collection of delinquent property taxes upon transfer of property. The motion was seconded by Comr. Cahoon which passed 4 - 0 (Comr. Sadler was not present.).

Resolution in support of passage of legislation authorizing CRC to allow use of terminal groins

MOTION: Mayor Oakes made a motion to adopt the resolution in support of the passage of legislation authorizing the Coastal Resources Commission (CRC) to allow the use of terminal groins. The motion was seconded by Comr. Cahoon which passed 4 - 0 (Comr. Sadler was not present.).

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

"WHEREAS, the problem of erosion at the end of barrier islands is unique to those areas and continues to pose a genuine threat to public beach access, public and private property, businesses and infrastructure, creating the risk of significant costs in reconstruction and lost tax revenue; AND

'WHEREAS, North Carolina coastal communities are in need of every responsible beach management tool available to arrive at a long-term solution to the problems caused by shifting inlets; AND

'WHEREAS, beach nourishment alone has been proven to be ineffective in the inlet areas at the end of barrier islands; AND

'WHEREAS, the North Carolina General Assembly, in recognition of the significant and unique problems caused by erosion at the end of barrier islands, directed the Coastal Resources Commission to conduct a study of the feasibility and advisability of the use of terminal groins as an erosion control structure; AND

'WHEREAS, the Coastal Resources Commission has completed its study and found that terminal groins, in combination with beach nourishment, can be effective at controlling erosion at the end of barrier islands; AND

'WHEREAS, the Coastal Resources Commission further emphasized the need for site-specific analysis to determine the advisability of the use of terminal groins in specific locations; AND

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'WHEREAS, the Coastal Resources Commission further offered a slate of recommendations for environmental and ecological safeguards that emphasize the responsible use of terminal groins as a tool to control erosion at the end of barrier islands; AND

'WHEREAS, the Coastal Resources Commission and the Division of Coastal Management are the most appropriate entities to consider the numerous issues associated with the site-specific use of terminal groins; AND

'WHEREAS, legislation giving the Coastal Resources Commission the authority to consider the use of terminal groins in appropriate circumstances, Senate Bill 832, has passed the North Carolina Senate and is eligible for consideration in the 2010 Short Session of the General Assembly.

'NOW, THEREFORE, BE IT RESOLVED that the Town of Nags Head Board of Commissioners supports prompt consideration and passage of legislation authorizing the Coastal Resources Commission to consider and allow the use of terminal groins, following site specific study as outlined in its recommendations, and urges the General Assembly to act favorably upon such legislation during the 2010 Short Session of the legislature."

Mayor Oakes - Report on NC 20 Meeting

Mayor Oakes explained that the NC 20 organization is a volunteer organization made up of coastal county representatives and is requesting support to hire an organization director.

MOTION: Comr. Remaley made a motion to approve the NC 20 request for support for a paid Director in the amount of .25 per capita (Nags Head 2008 population was 3,016 per the US Census Bureau). The motion was seconded by Comr. Cahoon which passed 4 - 0 (Comr. Sadler was not present.).

Mayor Oakes - Town Birthday

In response to John Ratzenberger's Audience Response request for information concerning the 2011 Town Birthday, Comr. Cahoon suggested that rather than a series of events over a couple of days, a one-day Town-wide social would be more do-able and may encourage more participation.

Mayor Oakes suggested speaking with the Outer Banks History Center as another resource to locate information about early Nags Head.

Mayor Oakes - Village Wastewater Treatment Plant

Mayor Oakes reported that there have been some recent odor complaints concerning the Village Wastewater Treatment Plant.

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Town Manager Ogburn noted that Carolina Water Service (Utilities, Inc.) is proceeding on schedule with their repairs and is in accordance with Division of Water Quality standards.

Mayor Oakes - Request for Closed Session

MOTION: Mayor Oakes made a motion to enter Closed Session to consider 1987 - 1990 Closed Session minutes in accordance with GS 143-318.11(a)(1). The motion was seconded by Mayor Pro Tem Gray which passed 4 - 0 (Comr. Sadler was not present.). The time was 12:15 p.m.

OPEN SESSION

The Board re-entered Open Session at 12:20 p.m. Attorney Leidy reported that during Closed Session the Board took action to approve the 1987 - 1990 Closed Session minutes and took action to open them in accordance with the summary disposition page that was provided; no other action was taken during Closed Session.

ADJOURNMENT

Mayor Oakes recessed to the mid-month Board of Commissioners meeting on Wednesday, April 21, 2010 at 7:30 p.m. in the Board Room of the Nags Head Municipal Complex. The time was 12:20 p.m.

_______________________________Carolyn F. Morris, Town Clerk

Approved: __________________________

Mayor: __________________________Robert O. Oakes, Jr.

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