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					                                   TOWN OF NAGS HEAD
                                 BOARD OF COMMISSIONERS
                                    REGULAR SESSION
                                       June 2, 2010


The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal
Complex located at 5401 South Croatan Highway at 9:00 a.m. on Wednesday, June 2, 2010.

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

COMRS ABSENT:        None

OTHERS PRESENT: Town Manager Cliff Ogburn; Town Attorney John Leidy; Attorney Ben Gallop;
Kevin Brinkley; Kevin Zorc; Kim Kenny; Dave Clark; Ralph Barile; Bonita Hurdle; Tim Wilson; Roberta
Thuman; Chad Motz; 2010 Summer Lifeguards; Mark Edwards; Rick Lawrenson; John Ratzenberger;
John Mascaro; Robert Muller; Harris Burton; Marvin Demers; Terry Evans; and Town Clerk Carolyn
Morris


CALL TO ORDER/PRAYER/PLEDGE OF ALLEGIANCE

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

Pastor Rick Lawrenson, Nags Head Church, lead the meeting in prayer which was then followed by
the Pledge of Allegiance.


RECOGNITION OF AUDIENCE MEMBERS

Mayor Oakes recognized former Mayor Bob Muller and recently retired employee Harris Burton in the
audience.


ADOPTION OF AGENDA

MOTION: Comr. Remaley made a motion to adopt the June 2nd agenda as presented. The motion
was seconded by Comr. Sadler which passed unanimously.
                                                                          Nags Head Board Meeting Minutes
                                                                                            June 2, 2010


INTRODUCTION OF 2010 SUMMER LIFEGUARDS

Chad Motz, Ocean Rescue Captain, presented the 2010 summer lifeguards; each lifeguard introduced
him/herself.


AUDIENCE RESPONSE - RICK LAWRENSON

Rick Lawrenson, Soundside Road and Pastor of Nags Head Church; he announced that this past
Spring 2010 one of the two second floor wings at his church was completed and dedicated to
teaching space for pre-school and elementary school children; Sunday, June 6, 2010 at 3:00 p.m. is
Open House for this wing and he invited everyone to attend.


AUDIENCE RESPONSE - TERRY EVANS

Terry Evans; Sandpiper Terrace; spoke concerning beach nourishment funding; if the Town loses the
beach, the tax rate will go up every year; he suggested the Board bite the bullet and raise taxes now.


RECOGNITION OF EMPLOYEES

Public Works Director Dave Clark recognized Sanitation Equipment Operator Harris Burton on his
retirement who began work with the Town on February 2, 1979; Mr. Burton was congratulated and
presented a plaque by Board members.

Fire Chief Kevin Zorc recognized Firefighter/EMT Mark Edwards on five (5) years of service with the
Town; he was congratulated and presented a Certificate by Board members.

Town Manager Cliff Ogburn recognized Finance Officer Kim Kenny for recently having achieved
certification as Certified Budget and Evaluation Officer; she was congratulated by Board members.


CONSENT AGENDA

The Consent Agenda consisted of the following items:

Consideration of Budget Adjustment #12 to FY 09/10 Budget Ordinance

Consideration of Tax Adjustment Report

Approval of Minutes

Consideration of Interlocal Agreement between Town of Nags Head and Dare County for
storm debris pickup

Consideration of annual write-off of uncollectible water accounts



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MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented.                        The
motion was seconded by Comr. Sadler which passed unanimously.

A copy of Budget Adjustment #12, as adopted, is attached to and made a part of these minutes as
shown in Addendum "A".

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


The Interlocal Agreement between the Town of Nags Head and Dare County which will assist with a
coordinated effort for storm debris pickup in the event of a natural disaster, as approved, is on file in
the Town Clerk's office.

The annual write-off of uncollectible water accounts memo, as approved, read in part as follows:

"At this time it is requested that the BOC approve the write-off of all accounts currently considered to
be uncollectible. A detailed list of these accounts is attached.

'The requested write-off (Grand Total) is $3324.15 for fiscal year 2009/2010. At this time the balance
in allowance for doubtful accounts is $16,208.53, which is more than sufficient enough to cover the
above requested write-offs.

'The requested write-off total for water accounts over $50.00 is $3010.44. Also attached is a list of
accounts of $50.00 or less (included in grand total above) that will be written off in June 2010 in the
amount of $313.71.

'As in the past, if circumstances should change for any of these accounts, every effort will be made to
recover the bad debt."


PUBLIC HEARINGS

Public Hearing to consider zoning ordinance text amendments to various chapters of the
Town Code establishing prohibitions on permitting for the continuation or repair of
structures located on the public trust area, except for their removal from the public trust
- from May 5, 2010 Board meeting

Town Attorney John Leidy announced the Public Hearing to consider a zoning ordinance amendment
to establish prohibitions on permitting for either the continuation of or the repair of structures located
in the public trust area open at 9:24 a.m. Attorney Leidy noted that the hearing was a product of
discussion that the Board had at the May 5, 2010 Board meeting.

Attorney Leidy explained that under the Town's current ordinance - the nuisance section - those
properties located in the public trust area can be declared a nuisance and the Town has certain
authority to take action with respect to those properties. The current ordinance is pretty broad - for
structures located wholly or partially in the public trust area; a number of cases have already been
pursued by the Town; there are a number of structures located partly in the area which could be



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declared a nuisance according to the ordinance. He questioned how broad the Town needs to have
its enforcement capability.

Attorney Leidy identified several categories from the proposed ordinance - 1) structure where any
portion is located on the wet sand beach; 2) structure where any portion impedes emergency
vehicles or pedestrian traffic on the beach; 3) those structures located wholly on the dry sand beach
whether or not it impedes traffic on the beach; and 4) structures for which any portion is located on
the dry sand beach.

Attorney Leidy wants the Board to consider the proposed ordinance but needs direction concerning
the categories the Board wants to enforce.

John Ratzenberger, Nags Head resident; feels the Town is moving in the right direction; he feels the
Town should have a survey done to determine the structures in the mean high water line prior to
making a decision.

Comr. Cahoon pointed out that Part III - (a) (Section 48-123), paragraphs (1) and (2) of the
ordinance contradict each other; Attorney Leidy is to look into this.

Mayor Oakes confirmed with Manager Ogburn that the homes being pursued for nuisance action are
wholly or partially east of the mean high water line.     Mayor Oakes said that he is most concerned
about the portion of the ordinance that refers to the dry sand beach.

There being no one else present who wished to speak, Attorney Leidy concluded the Public Hearing
at 10:00 a.m.

The Public Hearing was reopened at 10:00 a.m.

Marvin Demers, South Nags Head resident and Planning Board member; he stated that the proposed
ordinance was generated re: permits for homeowners whose houses have been declared nuisances -
it was not to redefine a nuisance or to elaborate more on the nuisance definition; there are many
houses on the beach that somewhat extend into the public trust area - so that was the reason for
narrowing down the ordinance to only those structures impeding traffic on the beach.

There being no one else present who wished to speak, Attorney Leidy closed the Public Hearing at
10:04 p.m.

Comr. Sadler said that her purpose is to help people keep their homes as long as possible; if there is
a home wholly in the public trust area (wet sand beach only), then it is time to stop issuing permits;
she said that this would be all that she could support.

Comr. Remaley said that he would like to rely on/leave the decision up to the Town Manager.

Mayor Oakes confirmed with the Town Attorney that the ordinance would require a zoning permit
prior to issuance of a septic permit by the Health Dept.

It was Board consensus that Town Attorney John Leidy provide a revised ordinance that is more
conservative and includes the requirement that the structure be wholly or partially on the wet sand
beach, i.e. that the trigger for Town enforcement of a declaration of a nuisance structure be if the


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structure is wholly or partly on the wet sand beach.   Town Manager Ogburn is to provide detailed
information concerning definition of the mean high water line.


Public Hearing to consider citizen comment on FY 10/11 proposed Town Operating
Budget

- Discussion and possible adoption of FY 10/11 Operating Budget

Mayor Oakes opened the Public Hearing to consider comments on the FY 10/11 proposed Town
Operating Budget at 10:30 a.m.

John Mascaro, Nags Head resident; his main concern is the personnel portion of the proposed
budget; the Fire Dept. budget should be increased to allow them to hire personnel they need; he also
feels frozen positions should be unfrozen and the Fire Marshal position should be filled; he has 25
years in the fire service and believes strongly those positions should be filled to make sure there is
enough manpower at all times.

Bob Muller, Nags Head resident and former Nags Head Mayor; he distributed a handout to Board
members concerning the Town's Septic Loan Program; he supports a .01 tax increase; he also
supports the reinstatement of the Septic Loan Program - which he stated was designed to have no
impact on the Town's budget; there has never been a default in this program which provides a much
needed and much appreciated service for Town residents; he asked that the water quality testing
program funding be included in the proposed budget; he thanked the Board for their hard work and
for their service to the Town.

There being no one else present who wished to speak, Mayor Oakes announced the Public Hearing
closed at 10:40 a.m.

It was pointed out that the proposed budget does not include water quality testing as it relies on the
Coastal Studies Institute (CSI) and State testing.

Board members spoke in favor of further discussion of reinstatement of the Septic Health Loan
Program but did not wish to reinstate the employee computer loan program which was brought
forward by Town Manager Ogburn.

In response to an inquiry by Mayor Oakes, Town Manager Ogburn is to find out which septic tanks in
the Town that have been replaced through the Septic Loan Program were sand-bottom tanks. The
Septic Health program to include the loan program and the water quality testing is to be included for
discussion at the June 16th mid-month meeting.


Budget Workshop

The Board scheduled a FY 10/11 Budget Workshop for Tuesday, June 8, 2010 at 7:00 p.m. in the
Board Room.




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OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS

Discussion of remaining costs associated with the Town Beach Nourishment Project -
Information provided by Coastal Science and Engineering (CS&E) - from May 19, 2010
Board meeting

Town Manager Ogburn summarized the recently received CS&E report concerning remaining costs
associated with the Town's beach nourishment project. He noted that the Town is almost at the end
of the CS&E line item.

In response to Comr. Cahoon, Town Manager Ogburn explained that the CS&E Environmental Impact
Statement (EIS) is now in the hands of the Corps of Engineers (COE) but not yet in the Federal
Register.

The CS&E report and additional project funding is to be included on the June 16th mid-month
meeting agenda.

In response to Mayor Oakes, Manager Ogburn stated that the EIS should be on the Federal Register
within the next couple of months and after a period of review on the Register, the COE then issues
the Federal Permit.

A monthly summary of tasks from Tim Kana of CS&E was requested - prior to the June 16th mid-
month meeting.


NEW BUSINESS

Committee Reports

Jennette's Pier Advisory Committee - Comr. Sadler discussed the concerns she brought forward at the
recent Jennette's Pier Advisory Committee meeting: there have been no issues with trespassing on
the construction site; if work is excessive during the week, employees may stop work at noon on
Friday and not work on weekends - but this rarely happens; there is some security on site; there is
no possibility of a beach access on the property this summer; reports are that the construction is
ahead of schedule; an opening date of May 21, 2011 for the pier is being projected.

Comr. Sadler pointed out that the crew will begin taking the pilings down and there will be vibrations
when close to the shore which should occur near the end of June through the first couple of weeks in
July.


Report from Town's 50th Birthday Committee

John Ratzenberger, Chair of the Town's 50th Birthday Committee; he updated the Board on the
Committee's first meeting held last week. He stated that today he wanted to provide the general
concept of operations; he asked for the Board's blessing or guidance as needed:

-      Cutoff date of September 2010 for big ideas
-      Begin advertising to include a page on the Town's web site


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                                                                                             June 2, 2010

-      On June 14th a celebration with a lot of small things going on - merchants are providing 50th
       anniversary specials, etc. throughout the Town
-      Start off in the morning of June 14th with an opening ceremony at the headquarters (location
       to be designated) which would also be the central point in Town for all event listings, etc.
-      Sometime in the afternoon have a formal birthday celebration
-      Conclude with an evening social event
-      Three (3) lead-in events:
       -       A float in the March St. Patrick's Day Parade
       -       Event in April (art or cottage tour)
       -       Event in May (heavily involve children for school event) (these would be small one-day
               events)

Budgetary needs: Currently there is $5,000 budgeted for the celebration - they will be requesting
donations; Mr. Ratzenberger stated that he would prefer to use the $5,000 as seed money and
would like to reserve it for Town expenses rather than use it for expense of the celebration itself;
would like to start soliciting businesses with ideas for the float, social event location, etc. Although
Jennette's Pier is scheduled to be open on May 21st, the Committee is not willing to risk planning for
the availability of the Pier.

It was Board consensus that the Town 50th Birthday Committee is on the right track; Chair John
Ratzenberger reported that the Committee meets the last Thursday of each month at 5:30 p.m. in
the Board Room; he invited anyone interested to attend.


Consideration of revised contract with Verizon for lease of Municipal Complex monopole

Town Manager Ogburn summarized the agenda summary sheet which read in part as follows:

"Attached please find a revised Ground and Tower Lease Agreement between the Town and Verizon
for rental of cell space on the Town's Municipal Complex Monopole Tower. The agreement is revised
to accommodate three (3) additional antennas - with an increase in cost to $2,600/ month - current
lease amount is $2,318/month. The current contract with Verizon expires in 2014.

'The final configuration for Verizon will be as follows:
(6) Antel LPA-80063/8 antennas (2 per sector)
(3) Antel BXA-185063/12 antennas (1 per sector)
(12) 1 5/8" lines (4 per sector)
(6) existing Antel BSA-185065/12 antennas will be removed

'Attached please find the First Amendment to the Lease Agreement, the additional antenna
specifications, and the original lease agreement."


MOTION:      Comr. Remaley made a motion to approve the amendment to the Verizon Lease
Agreement for the lease of the Municipal Complex monopole as presented. The motion was
seconded by Mayor Pro Tem Gray which passed unanimously.

A copy of the Verizon Lease Agreement, as approved, is on file in the Town Clerk's Office.



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                                                                       Nags Head Board Meeting Minutes
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ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY

Town Attorney Leidy - Approval of MOU with DCTB for operation of Windmill Point
property - Status of Windmill Point restaurant building

Town Attorney Leidy summarized the agenda summary sheet which read in part as follows:

"Attached Memorandum of Understanding (includes Exhibit A - Schedule of Maintenance) between
the Town and the Dare County Tourism Board (DCTB) is provided for Board review and approval.

'The attached letter from BB&T provides approval from the lender to demolish the [windmill point]
restaurant building and is provided for Board discussion."


MOTION: Comr. Remaley made a motion to enter into the DCTB/Town Memorandum of
Understanding for Windmill Point property operations as presented. The motion was seconded by
Comr. Sadler which passed unanimously.

It was Board consensus that the equipment inside the former Windmill Point restaurant be surplused,
the building then used for fire training purposes and the sewer system (existing) as well as the
parking lot be left undisturbed.


Town Attorney Leidy - Request for Closed Session to discuss nuisance structures and
nuisance structure litigation IAW GS 143-318.11(a)(3)

Town Attorney Leidy requested a Closed Session to discuss two (2) nuisance claims and the Roc
Sansotta lawsuit against the Town.


BOARD OF COMMISSIONERS AGENDA

Comr. Sadler - Memorial Day Ceremony

Comr. Sadler said that was sorry she had to work and missed the Memorial Day ceremony; the
weather was great and she heard the ceremony was very moving. She commended Mayor Pro Tem
Gray and Town employees for their efforts.


Comr. Cahoon - Coastal Officials meeting with Speaker of the House - Sen. Joe Hackney

Comr. Cahoon reported that she, Mayor Oakes, and a group of coastal officials met yesterday (June
1, 2010) with Speaker of the House, Sen. Joe Hackney re: terminal groins. Sen. Hackney was asked
to let the legislation to allow terminal groins to come out - to be either voted up or down. Sen.
Hackney made no commitment to do that and spoke of numerous emails he has received from those
not on the coast.




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Comr. Cahoon encouraged those interested to contact Sen. Hackney (his addresses were displayed
on the Board Room screen) to let the bill concerning terminal groins out.

Comr. Cahoon commended Rep. Bill Owens who attended and supported the bill as well as Rep Eisler
of New Hanover County who has attended almost all of the public hearings on this issue. She noted
that Rep. Spear did not attend the meeting with Sen. Hackney. Approximately 20 officials gathered
in this unified effort to encourage that the terminal groin bill be allowed to be heard.


Comr. Cahoon - Village at Nags Head signage

Comr. Cahoon asked staff to work with the development of signage ordinances in the Village at Nags
Head and prepare a proposal to be brought back to allow for exceptions such as for the Maximuss
Pizza business. Maximuss Pizza has requested ordinance changes and paid the zoning ordinance
change fee several times.

Town Manager Ogburn noted that he has received inquiries from Sonic Restaurant re: the vegetative
buffering requirements and visibility of their signage on the bypass.

Mayor Oakes suggested that there may be a better way to assist business owners with allowing more
visibility of signage when trees/vegetation expand - It was Board consensus for staff to prepare a
proposal that addresses vegetation and signage.


Comr. Cahoon - Flood insurance

Comr. Cahoon asked that the Town be pro-active and include on the Town's web site and/or in an
upcoming newsletter the latest information concerning federal flood insurance. She reported that
Congress has allowed funding to lapse for the federal flood insurance program. While Congress has
in the past authorized funding for the program for short periods of time, there is a chance that
legislators may choose not to continue to fund this critical program at all.    Comr. Cahoon asked the
public to contact their federal legislators asking them to continue funding this important program.



Mayor Pro Tem Gray - Dedication of west side multi-use path to the late Sgt. Earl Murray

Mayor Pro Tem Gray pointed out that the first mile of west side multi-use path has been completed;
it is beautiful and it is used by many.

It was Board consensus to agree with Mayor Pro Tem Gray's suggestion to dedicate the west side
multi-use path to the late Sgt. Earl Murray - who was killed in the line of duty on May 15, 2009.
Mayor Pro Tem Gray said that he will chair, with help from Comr. Remaley, Town Manager Ogburn,
and Police Chief Brinkley to develop a dedication process for the path for the late Sgt. Earl Murray.




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                                                                        Nags Head Board Meeting Minutes
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MAYOR’S AGENDA

Mayor Oakes - Consideration of appointment to serve on Albemarle Regional Solid Waste
Management Authority

MOTION: Comr. Cahoon made a motion to endorse Kill Devil Hills Comr. Bob Peele as the Dare
County representative to serve on the Albemarle Regional Solid Waste Management Authority. The
motion was seconded by Comr. Remaley which passed unanimously.


Mayor Oakes - Request for Closed Session

Mayor Oakes requested a Closed Session to discuss the Town Manager's annual review in accordance
with GS 143-318.11(a)(6).


Mayor Oakes - Vacant buildings

Mayor Oakes asked about indoor assembly and potential uses for the former Seamark store, now
vacant, in the Outer Banks Mall.

Discussion of potential uses for the former Seamark store and vacant store locations is to be placed
on the June 16, 2010 mid-month meeting agenda for discussion.


CLOSED SESSION

MOTION: Comr. Cahoon made a motion to enter Closed Session to discuss attorney requests
concerning the Roc Sansotta lawsuit, and other nuisance structures in accordance with GS 143-
318.11(a)(3) and for the Town Manager's review in accordance with GS 143-318.11(a)(6). The
motion was seconded by Comr. Sadler which passed unanimously. The time was 12:56 p.m.


OPEN SESSION

The Board re-entered Open Session at 1:53 p.m. Town Attorney Leidy reported that during Closed
Session the Board discussed the Roc Sansotta lawsuit as well as several nuisance structures and gave
direction to staff; there was nothing else to report at this time.

Mayor Oakes reported that during Closed Session the Board discussed the Town Manager's evaluation
and provided constructive criticism to Town Manager Ogburn.


ADJOURNMENT

Mayor Oakes recessed the Board meeting to a Budget Workshop on Tuesday, June 8, 2010 at 7:00
p.m. in the Board Room and then to the Board's mid-month meeting on Wednesday, June 16, 2010
at 7:30 p.m. in the Board Room. The time was 1:55 p.m.


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                                                      Nags Head Board Meeting Minutes
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                              _______________________________
                              Carolyn F. Morris, Town Clerk

Approved:   July 7, 2010_______________

Mayor:      __________________________
            Robert O. Oakes, Jr.




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