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									                                         TOWN OF NAGS HEAD
                                            BOC ACTIONS
                                             July 6, 2005

1.      Mayor Muller called the meeting to order at 9:00 a.m. A moment of silent meditation was followed
by the Pledge of Allegiance.

2.      Move Rial agenda item - It was Board consensus to move the agenda item "Request for waiver from
Rial Corporation" to time specific at 2:00 p.m.

3.     Audience Response - No one spoke during Audience Response.

4.     DCTB/OBVB presentation - Bob Woodard, President Dare County Tourism Board gave a PowerPoint
presentation entitled "Stewardship Report and 2005-2006 Restricted Fund Projects" providing an update of
the Tourism Board/Visitors Bureau projects and services.

5.      Years of service - On behalf of the Board, Mayor Muller recognized the following employees for three
(3) years of service with the Town: James "Dink" Spalding, Public Facilities Technician and Dave Clark,
Public Works Director.

The Board unanimously passed motions to approve the Certificates honoring George Ward for 15 years of
service and Doug White for 20 years of service.

6.     New employees - Assistant Fire Chief Butch Osborne introduced the following new firefighters to the
Board: Mark T. Edwards, Charles J. Dickinson, II, and Lee F. Dixon.

7.     Consent agenda - The Board unanimously passed a motion to approve the Consent Agenda as
presented; the Consent Agenda consisted of the following items:

-      Consideration of final Budget Adjustment to FY 04/05
-      Consideration of Tax Adjustment Report
-      Ratification of extension of existing Town Manager's contract and of new Town Manager's contract
-      Consideration of storm debris contracts
-      Request for Public Hearing to consider proposed zoning text amendment to add a definition for
       Indoor fitness centers to the C-2 General Commercial District as a permitted use, and propose a
       parking standard
-      Request for Public Hearing to consider proposed zoning text amendments to add a definition for
       Office/retail group development to the C-2 General Commercial Zoning District as a conditional use,
       and propose a parking standard
-      Request for Public Hearing to consider proposed zoning text amendments pertaining to lot coverage,
       setback, and density standards for hotel use in the Village at Nags Head Hotel Zoning District
-      Request for Public Hearing to consider proposed zoning text amendment to add a new section to
       require buffering of above ground accessory public utility facilities, i.e., natural gas lines

8.     Recognition - Mayor Muller recognized former Nags Head Mayor Pro Tem George Farah in the
audience.

9.      Public Hearing - The Board considered the site plan/conditional use application for construction of a
new religious complex at 105 Soundside Road - currently Nags Head Church.

The Board unanimously passed a motion to make the following required findings of fact:
                                                                             Nags Head Board Meeting Actions
                                                                                                July 6, 2005


-       The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision
Ordinance and other applicable ordinances.
-       The use will not materially endanger the public health and safety if located where proposed and
developed according to the plan as submitted.
-       The use as proposed will not overburden the fire fighting capabilities and the municipal water supply
capacity of the Town.

And to approve the site plan for the Nags Head Church as presented with the additional condition that an
easement be developed for the maintenance of the stormwater ditch on site.

10.    Public Hearing - The Board passed a motion to adopt the proposed amendment to Section 48-822,
Land Use Regulations changing land use categories for properties located in the Village at Nags Head SPD-C
District, as presented. The motion passed 4 - 1 with Comr. Oakes casting the NO vote.

11.    Public Hearing - The Board unanimously passed a motion adopting the proposed Section 48-84
Reduction of parking and lot coverage requirements for structures having lost street access due to storm
damage establishing reduced parking and lot coverage standards for single family dwelling and duplex uses
having lost street access.

It was Board consensus that Mayor Muller work with staff on an ordinance to address the Board's concerns
which include public safety issues, building setback, and any other standards that helps solve problems and
not create additional problems, i.e., to allow for increased flexibility.

12.    Minutes - The Board unanimously approved the minutes of the June 1, 2005 Regular Session minutes
with the modification to the paragraph concerning the move of the Country Nest house as follows - the
minutes should reflect that Roc Sansotta requested that the Town relax the ordinance requirements so that
the Country Nest house can be moved to a lot in Nags Head -

And further to approve the minutes of the June 7, 2005 Adjourned Regular Session as presented, the June 9,
2005 Adjourned Regular Session as presented, the June 15, 2005 Adjourned Regular Session; 1:30 p.m. as
presented, and the June 15, 2005 Adjourned Regular Session; 7:30 p.m. as presented.

13.     Berm steps - Public Works Director Dave Clark reported that if the construction of the extension of
crosswalks and steps down over the berm is done in-house, the cost would be approximately $40,000 - if
contracted out, the cost would be approximately $50,000 - $65,000. He noted that if done in-house, other
projects/maintenance would be delayed.

The Board unanimously passed a motion to bring back the issue of extending the crosswalks and steps down
over the berm for Board discussion at the first meeting in January 2006.

It was Board consensus that staff prepare a request to CAMA to allow the temporary use of appropriate
structures to provide dune/berm crossings for a limited period of time when beach access facilities are
destroyed in order to protect the dune/berm from degradation. The wooden plats placed at Kill Devil Hills’
accesses were briefly discussed.

14.    Oregon Inlet S1 Borrow Area project - Tim Kana, Coastal Science Engineering briefed the Board on
the Oregon Inlet S1 borrow area dredge project and on the South Nags Head beach restoration alternatives.

Comr. Oakes confirmed that a report with the preliminary findings of sand analysis, etc. will be presented at
the August 3, 2005 Board meeting by CSE.


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                                                                             Nags Head Board Meeting Actions
                                                                                                July 6, 2005

Town Manager Fuller reported that the COE has indicated that they are drafting a letter to the Town with a
favorable response to the 933 project.

It was Board consensus that efforts to move the 933 Project forward continue. It was Board consensus that
a Corps of Engineers (COE) representative be requested to attend the August 3, 2005 Board meeting to
discuss the timing and process of the 933 Project, that Marlowe and Company be authorized to research the
possibility of moving the 933 Project along quicker with legislative assistance, and to look at what funds
might be available for other scenarios. Further, to schedule a Board Workshop or Special Meeting later this
month to discuss alternatives, to pick a plan and move forward.

15.    Eastern Surfing Association - The Board considered the appeal from Eastern Surfing Association
(ESA) for denial of outdoor crowd gathering permit. The Board unanimously passed a motion to adopt the
outdoor crowd gathering ordinance modification which allows temporary signage up to 2000 square feet.

It was Board consensus that the ESA application for surfing event be resubmitted to Town Manager Fuller for
reconsideration.

16.     West side path - The Board unanimously passed a motion to table the discussion of the west side
multi-use path plans, as presented today, to the July 20, 2005 mid-month meeting.

Mr. Clark confirmed with Mayor Muller that no modification/corrections to the plans would be necessary.

17.    Town Cemetery - It was Board consensus to authorize the Cemetery Committee (Mayor Pro Tem
Murray and Comr. Sadler) to expend the necessary funds to get the cemetery design/analysis completed. It
was noted that any costs expended may be paid back with plot sales. Mayor Muller stated that the initial
costs would come from fund balance or capital reserve; this determination would be left to the Acting
Finance Officer, Kim Kenny.

18.     Street light survey - Public Safety Director Charlie Cameron reported that the street light survey is
two-thirds complete; the survey team consists of MIS Coordinator Jim Northrup, Police Officer/Animal Control
Officer Kris Merithew, and Code Compliance Officer Kim Allen. Chief Cameron stated that he anticipates that
the survey will be completed by September 15, 2005.

19.     DCM Grant for LUP Update - The Board unanimously passed a motion to adopt the resolution
authorizing the Mayor and the Town Clerk to execute the contract to update the Town's Land and Water Use
Plan as presented and to authorize staff to solicit members for the Lead Planning Group.

20.     Harvey Sound Access - The Board unanimously passed a motion to table the Harvey Sound Access
site plan application review to the August 3, 2005 Board meeting.

21.     Lunch - At 1:00 p.m. Mayor Muller recessed the Board meeting for the dedication of the UNC-CSI
building at the former OBMC site to include a catered lunch. The Board reconvened from lunch at 2:10 p.m.

22.    Rial Corporation request for waiver from sewer tie-on prohibition - The Board denied the Rial
Corporation's application for a waiver.

The Board unanimously passed a motion to find that there are no special circumstances which would justify
the extension of the provision of a sewer tie-on outside of the subdivision for which it is already included;
and further finds that the applicant's request would not be in the general interest of the public’s health,
safety, and welfare because it would not in any demonstrable way increase environmental quality and would
run the risk of changing an equation where there is a known capacity for sewer in the Village that might then
become disrupted.

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                                                                            Nags Head Board Meeting Actions
                                                                                               July 6, 2005


23.    Pay/Class Plan - The following motions were unanimously passed by the Board:

- To adopt the class descriptions, salary schedule, and assignments as presented by Town Manager Fuller.
- To implement the Plan by placing all employees who are designated a grade change at the appropriate
grade level plus one step higher than their current salary amount.
- To re-adopt the FLSA scale making the Administrative Assistant/PIO position an exempt position.
- Mayor Muller noted that implicit in the above motions is an implementation date retroactive to July 1 st.

24.     Committee appointments - The Board unanimously passed a motion to appoint Annette Ratzenberger
to the vacant "Nags Head Citizen" position on the Artwork Selection Committee and Katrina Passas to the
vacant registered voter position on the Personnel Grievance Panel.

It was Board consensus that there would be no issues with Comr. Gray's wife Scheryl serving on the Town
Artwork Selection Committee.

25.     State Mutual Aid Agreement - The Board unanimously passed a motion to approve and authorize for
signature the State Mutual Aid Agreement as presented.

26.    CAC - The report from the Citizens Advisory Committee meeting was presented to the Board.

27.    Art - The report from the Artwork Selection Committee meeting was presented to the Board.

28.      Town Attorney - Town Attorney Ike McRee reported that the Town of Southern Shores and the
Town of Kill Devil Hills have adopted the natural gas franchise ordinance. It was Board consensus that both
models (from the Town and the Gas Company) of the proposed natural gas franchise ordinance be provided
for Board review at the July 20, 2005 mid-month Board meeting. It was noted that the franchise ordinance
requires two (2) readings by the Board.

29.     Town Manager - Town Manager Fuller requested a brief Closed Session to discuss property
acquisition.

30.     Mayor Muller - In response   to the Rial Corporation discussion earlier in the meeting, Mayor Muller
stated that he would write up for    Board review a zoning ordinance amendment that would include the
requirement that a portion of site   plan design development, in all districts except for SPD-C, would be
supported by an on-site wastewater   system - for density protection purposes.

31.     Fireworks - The Board unanimously passed a motion to authorize the Mayor to sign a Resolution of
Appreciation along with a $1,000 contribution to Andy and Lovie McAnn for the use of the Nags Head Fishing
Pier during the 2005 Fireworks Display with funds coming from Contingency.

32.    Comr. Oakes - The Local Government Commission article concerning livable places/affordable
housing, specifically “granny apartments” was displayed on the screen. Comr. Oakes asked if Board
members had ideas about how to improve the affordable housing situation in Nags Head.

Although there was no general consensus, Board members did agree that Comr. Oakes would be welcome to
invite representatives from the Local Government Commission (LGC), the Smart Growth Network, and the
U.S. Environmental Protection Agency (EPA) for a presentation to discuss alternative affordable housing
strategies. Comr. Oakes emphasized that this would be an important service to the community.




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                                                                             Nags Head Board Meeting Actions
                                                                                                July 6, 2005

33.     Comr. Sadler - Comr. Sadler reported on the new Dare County “Test” Van Service which started on
July 5, 2005 and was designed by the Outer Banks Transportation Task Force to ease congestion during the
summer months.

34.    Comr. Sadler - Comr. Sadler distributed a revised copy of Senate Bill 1134 to Board members - The
Board unanimously passed a motion to authorize Mayor Muller to sign a resolution requesting representation
from the coastal local government community on the State Commission for climate change/global warming
(Senate Bill 1134).

35.    Comr. Sadler - Comr. Sadler said that she feels it is time to hear from the public about how they feel
about offshore natural gas/oil exploration and drilling.   The Board passed a motion to table the discussion
concerning offshore gas/oil drilling to the August 3, 2005 Board meeting. The motion was passed with a 3 -
2 vote with Mayor Muller and Mayor Pro Tem Murray casting the NO votes.

It was Board consensus that the public's opinion of offshore gas/oil exploration and drilling be solicited via
the Town's web site.

36.   Comr. Gray - Comr. Gray stated that he would bring forward Volunteer Fire Department and
employee merit pay for discussion at the August 3, 2005 Board meeting.

37.     Adjournment - The Board unanimously passed a motion to enter Closed Session to discuss property
acquisition and to adjourn to a mid-month meeting on Wednesday, July 20, 2005 at 7:30 p.m. in the Board
Room. The time was 5:07 p.m.




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