Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC2 27949  Phone (252)261-3552 Fax (252): 261-7900 tp/PAtyAaMinegw,  TOWN OF KITTY HAWK PROPOSED AGENDA KITTY HAWK TOWN COUNCIL Monday, July 1, 2024 Kitty Hawk Town Hall, Smith Room 6:00PM  1. Call to Order  2. Moment of Silence/Pledge of Allegiance  3. Approval of Agenda  4. Public Comment = The public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting and when your name is called, come forwardand speaki into the microphone at the lectern. Please limit comments to 3 minutes. 5. Consent Agenda - Items on the consent agenda are considered to be non-controversial, routine in nature, or items not requiring a presentation to discuss by the Town Council in order to consider thei items(s). Any item may be removed for discussion by the council or by any member of the audience who wants to hear the item presented and discussed. a) Approval of June 3, 2024, Regular Session Council Minutes = Approval of the b) NCI Resilient Coastal Communities Phase 3 Grant Application. Staff are requesting Council approval to apply for the aforementioned grant funding for engineering and design of high priority projects identified in the RCCP Plan. Interlocal Agreement for solid waste collection services with Dare County. The Town of Kitty Hawk contracts garbage collection services with Dare County for the d) Interlocal Agreement for Motorola Flex software. The Town of Kitty Hawk contracts with Dare County for Motorola Flex public safety software. e) Audit contract with. Johnson, Mizelle, Straub, & Consolvo, LLP. The Town of Kitty Hawk contracted the audit services for at fee of $24,000.  consent agenda will approve these minutes.  citizens of Kitty Hawk.  6. Items Removed from Consent Agenda 7. Planning - Public Hearing  a) Text Amendment -4 42-1-[ Definitions, Accessory workforce housing. Applicant proposed language to allow accessoryworkforce housing on non-residential b) Text Amendment = 42-1, 42-247, 42-248, 42-249, 42-273, 42-274, 42-275, Minimum Lot Size. Applicant proposes language exempting lots of certain sizes of from the 15,000 sq ft of contiguous upland requirements.  properties.  1IPage  Town Council Proposed Agenda July 1, 2024    TOWN OF KITTY HAWK  c) Text Amendment- 42-1-Definitions and 42-528.- Accessory Dwelling Units. Applicant proposes language requiring long-term occupancy on sites in the VR-1 d) Text Amendment All districts allowing single-family dwellings = Maximum dwelling size and occupancy. Staff proposes language that would set a maximum dwelling size of 6,000 sq. ft. of conditioned living space and 14 occupants.  district that contain an Accessory Dwelling Unit.  8. Schedule Public Hearing  a) Zoning Text Amendment - 42-414(b).- Mini-warehouse in PCD. Applicant proposes to amend the maximum building size of a mini-warehouse in a PCD to 40,000 b) Zoning Text Amendment - 42-1.- Definitions; 42-225, 42-247 thru 249; 42-273 thru 275. Lot coverage and Permeable paving materials c) Special Use Permit/Site Plan 6100 N Croatan Hwy/The Woods Rd PCD = Applicant is requesting a special use permit and site plan approval for a mini- warehouse facility as well as a second commercial structure  square foot footprint.  9. Old Business: 10. New Business:  a) Planning Board Membership. Council requested discussion regarding Planning  Board alternates.  11. Reports/General Comments from Town Manager 12. Reports/General Comments from Town Attorney 13. Reports/General Comments from Town Council  14. Adjourn Go To: day.  *To Watch Livestream on YouTube: itps/outube.com/ME/CBNMM2BFUg?featuresshare The meeting will also be available to watch on the Town'syourube channel on demand the next  **Send Comments and/or Questions via email:  You may always send comments or questions at any time to ntoeKIVaMAOwDAReL Ify you would like your question or comment read at this meeting, please send it by 2:30 PM on July 1, 2024, and note that you would like it to be read at the meeting. Be sure to include your full name and address. Please keep your Si habla espanol, los servicios de asistencia linguistica estan disponibles de forma gratuita. Llame al  comments to three minutes. 252-261-3552 para obtener ayuda.  2IPage  Town Council Proposed Agenda July 1, 2024    S3  Post Qffice Box 549 101 Veterans Memorial Drive Kitty Hawk, NC27949  Phone (252): 261-3552 Fax (252)261-7900 tpV/w.AtyaMinegPw  TOWN OF KITTY HAWK PROPOSED AGENDA KITTY HAWK TOWN COUNCIL Monday, June 3, 2024 Kitty Hawk Town Hall, Smith Room 6:00 PM  1. Call to Order  2. Moment of Silence - We take a moment to fondly remember Jamie Ewers, Public Works  Supervisor who passed away suddenly in early May.  3. Pledge of Allegiance 4. Approval of Agenda  5. Public Comment -The public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting and when your name is called, come forward and speak into the microphone at the lectern. Please limit comments to 3 minutes. 6. Oath of Office - Public Information Officer & Town Clerk, Lauren Garrett 7. Consent Agenda - Items on the consent agenda are considered to be non-controversial, routine in nature, or items not requiring a presentation to discuss by the Town Council in order to consider the items(s). Any item may be removed for discussion by the council or by any member of the audience who wants to hear the item presented and discussed. a) Approval of May 6, 2024, Regular Session Council Minutes - Approval of the b) Budget Amendment #: 14 - Recognition of $5,000 grant for Government Education d) Budget Amendment #16- - Donation to the Police Department from the family of e) Transfer Within Departments- Notification of funds transfer from Contingency GL Account to Telephone & Communication Account for Town Website. a) Text Amendment = 42-1-D Definitions, Accessory workforce housing. b) Text Amendment- - 42-1, 42-247, 42-248, 42-249, 42-273, 42-274, 42-275, c) Text Amendment- 42-1.-Definitions and 42-528.- Accessory Dwelling Units. The applicant proposes language requiring long-term occupancy on sites in the VR-1 district that contain an Accessory Dwelling Unit. Reschedule d) Text Amendment All districts allowing single-family dwellings - Maximum dwelling size and occupancy. Staff proposes language that would set a maximum dwelling size of 6,000 sq. ft. of conditioned living space and 14 occupants.  consent agenda will approve these minutes.  Channel. Brian Wise.  c) Budget Amendment #15 - Earnings Interest Allocation.  8. Items Removed from Consent Agenda 9. Planning = Schedule Public Hearing  Minimum Lot Size.  Reschedule  10. Commercial Site Plan Review 11. Public Hearing  a) 4007 N. Croatan Highway, Food Pantry addition  a) Fiscal Year 2024-2025 Budget  1Page  Town Council Minutes June 3, 2024    TOWN OF  KITTY HAWK  12. Old Business: 13. New Business:  a) Consideration of Ordinance Banning Release of Balloons a) Appointments to the Planning Board b) Appointments to the Board of Adjustments c) Appointments to the Recreation Committee 14. Reports/General Comments from Town Manager 15. Reports/General Comments from Town Attorney 16. Reports/General Comments from Town Council  17.Adjourn Council Members Present:  Mayor Craig Garriss, Mayor Pro Tem Jeff Pruitt, Councilman David Hines, Councilwoman  Charlotte Walker, and Councilman Dylan Tillett.  Staff Members Present:  Town Manager Melody Clopton, Town Attorney Casey' Varnell, Administrative Services Director Laura Walker, Finance Officer Liliana Noble, Police Chief Mike Palkovics, Police Lieutenant James Helms, Fire Chief Mike Talley, Public Works Director Willie Midgett, Administrative Zoning Technician, Jessica Everett, Public Information Officer/Town Clerk, Lauren Garrett  1. € Call to Order 2. Moment of Silence 3. Pledge of Allegiance 4. Approval of Agenda  Garriss: Council Ineed a motion to approve tonight'sa agenda, please.  Hines: So, moved.  Garriss: Motion by David, second? Walker, Charlotte: Second.  Garriss: Second made by Charlotte, alli in favor?  All Council: Aye.  Garriss: All opposed, none. Thank you.  5. PublicComment: = The public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting andy when your name is called, come forward and speaki into the microphone at the lectern. Please limit comments to 3 minutes.  2IPage  Town Council Minutes June 3, 2024    ow4  TOWN OF  KITTY HAWK  Garriss: Public Comment section, Laura has anyone signed up for Public Comment? Walker, Laura: Yes, Mayor we have Ms. Debbie Swick from Southern Shores. Garriss: Okay, come on up Ms. Swick. Ithink 1know what you're going to talk about.  Swick, Debbie: Good evening, Mayor and Council. Thank you sO very much for putting on your agenda the ordinance I have requested for the balloon ban. Sadly, I know I show up at these meetings with these things all the time.Ihave wonderful beach warriors who clean up daily for me and unfortunately, it's not enough. This one was found two days ago, and it still has air in it. The need for this ordinance is sO grand and it is something that is dear to my heart and you are making such an impact by enacting an ordinance. The resolution is much appreciated but the ordinance is sO necessary not only because the other towns have done 50, and the Dare County commissioners are considering it. But it sends a message, a very positive message, it sends a message of education to people. I have reached out; we are making documentaries nationally and locally now to get the word out and lam so very proud of Kitty Hawk and all your efforts. Ibrag about you all the time. I know it's slow and steady but it's not as fast as some of the other towns, but Icertainly appreciate your support on this issue and please share this story with your friends and your visitors and all the guests that come to your beautiful town. Tell them that no matter where they live, helium balloon releases anywhere east of the Mississippi impact our oceans sO share that message with them. Let them know we care about our community as well asl know that they do. Visitors come here because they love it and thank you very much for your consideration and your support. Thank you.  Garriss: Thank you Debbie. Anyone else signed up, Laura? Walker, Laura: Yes, sir. We have Kyle Stickley.  Garriss: Come on up Kyle and folks remember Ithink Debbie got buzzed al little early there, but you Stickley: Good evening, Mayor and Council. My name is Kyle Stickley, 5120 The Woods Road. I spoke last meeting about concerns of my neighbors building an AirBnB next door to me. Those concerns have become real. We have a one bedroom one bath AirBnB now next door to us that has an occupancy of five people. There is an increase in traffic in our driveways and I feel like this isa residential zone single family dwelling area, but this feels like a business. I don't think it should be allowed. Another concern with it being a five-person occupancy I called the health department because that means they are over occupancy on their septic. The health department told me to call the real estate commission, they were unwilling to do anything whichifind unsettling. Afterreading some of the ordinances on accessory dwelling units If find home occupations are allowed but Ifind that AirBnBs, VRBOs, however you want to say it doesn't fit these guidelines 50 again Idon't feel like theyshould be allowed. The only thingldof find is allowed is bed and breakfast. Idon'ti find these being a bed and breakfast. That would be something from what I read you would have to get a permit from the county and the town to be able to have. Also, the effect that all these AirBnBs have  have three minutes for public comment. Speak directly into the mike, please.  3/Page  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  on our local businesses. I mean we have rental companies; they employ people, and they invest a lot of money in our area. That ist taking away money from them so againlfeel there should be some formal text amendment to not allow these in our communities, in our residential zoned areas. We have commercial districts thatIfeel like these fit in like hotel districts where there's plenty of places  tor rent. Idon't feel like it should be next door in my backyard. That's all Igot.  Garriss: Thank you Kyle. Anyone else signed up to speak?  Walker, Laura: No, sir.  Garriss: Would anyone else like to speak tonight at Public Comment period about any topic? No  one else? Alright, let the record show no one else chose to speak please. 6.Oath of Office = Public Information Officer & Town Clerk, Lauren Garrett Garriss: Okay, Oath of Office. Melody, would you like to start us off?  Clopton: Sure. l'am beyond excited to introduce Lauren Garrett as our new PIO/Town Clerk. Thisi is her first meeting sO be easy on her. She joins us with 14 years of professional experience in operations management, financial analysis, marketing and business administration. She has worked inr real estate and property management primarily. Before relocating the Outer Banks in 2010, she worked in Asheville, NC in government contracting, aerospace and industrial manufacturing. She holds a bachelor's degree in psychology which is going to be helpful,and a minor in business/marketing from Radford University. Lauren's husband Daniel is here, and he is mentioned in the bio. In her spare time, she likes spending time with her husband Daniel, entertaining friends and family at her home in Powells Point and caring for her menagerie of rescued pets including two cats, a dog and a horse. She's an avid beach goer as well as a lifelong equestrian who rides her Appaloosa horse Dexter as often as possible. Please join me in welcoming Lauren, she has already made a positive impact in the week she's been here. We are sol happy to have you.  Garriss: Alright Lauren let's make it real. Garriss: I, State your name. Garrett, Lauren: Lauren Garrett.  Garriss: Do solemnly and sincerely swear that Iwill support the Constitution and laws of the United States that Iwill be faithful and bear true alliance to the state of North Carolina and the authorities which are or may be established for the government thereof that I will endeavor to support, maintain, and defend the Constitution and laws of said State not inconsistent with the Constitution of the United States to the best of my knowledge and ability and that I will faithfully discharge the duties of my office as the Town Clerk for the Town of Kitty Hawk, North Carolina, so help me God. If  you do, stateldo. 4IPage  Town Council Minutes June 3, 2024    1oW4  TOWN OF KITTY HAWK  Garrett, Lauren: Ido.  Garriss: Congratulations, Madam Clerk. We are: sO fortunate and lucky to have Lauren. She has been al breath of fresh air. Ididn't know until tonight that she has a Psychology degree, if you stay here 7. Consent Agenda = Items on the consent agenda are considered to be non-controversial, routine in nature, or items not requiring a presentation to discuss by the Town Council in order to consider the items(s). Any item may be removed for discussion by the council or by any member of the audience who wants to hear the item presented and discussed. a) Approval of May 6, 2024, Regular Session Council Minutes - Approval of the b) Budget Amendment # 14-1 Recognition of $5,000 grant for Government Education d) Budget Amendment #16 - Donation to the Police Department from the family of Transfer Within Departments = Notification of funds transfer from Contingency GL Account to Telephone & Communication Account for Town Website.  long enough you may need that. Thank you.  consent agenda will approve these minutes.  Channel. Brian Wise.  c) Budget Amendment #15 - Earnings Interest Allocation.  Garriss: Alright Council, Ineed a motion to approve tonight's Consent Agenda please. Tillett: Mr. Mayor, Imake a motion to approve tonight's Consent Agenda.  Garriss: Thank you Dylan. Can I get a second?  Walker, Charlotte: Second.  Garriss: Second by Charlotte. All in favor?  All Council: Aye. Garriss: All opposed? None.  8. Items Removed from Consent Agenda  Garriss: Number 8, no items are removed from Consent Agenda.  9. Planning - Schedule Public Hearing  a) Text Amendment - 42-1- Definitions, Accessoryworkforce housing. b) Text Amendment -4 42-1, 42-247,42-248, 42-249,42-273,42-274,42-275,  Minimum Lot Size.  5Page  Town Councit Minutes June 3, 2024    TOWN OF KITTY HAWK  c) Text Amendment- 42-1-Definitions and 42-528-Accessory Dwelling Units. The applicant proposes language requiring long-term occupancy on sites in the VR-1 district that contain an Accessory Dwelling Unit. Reschedule d) Text Amendment- All districts allowing single-family dwellings - Maximum dwelling size and occupancy. Staff proposes language that would set a maximum dwelling size of 6,000 sq. ft. ofconditioned living space and 14 occupants.  Reschedule  Garriss: Number 9 we need to set a number of Public Hearing dates, Council. First one, text Pruitt: Mr. Mayor, Imoved to set a Public Hearing at the Town Council Meeting on July 1, 2024, to consider the proposed text amendment to add definitions for Accessory Use Workforce habitation  amendment 42-1 definitions of Accessory Workforce Housing.  and Accessory Workforce Housing in section 42-1. Garriss: Thank you. Jeff. Do we haveasecond?  Tillett: Second. Garriss: All in favor? All Council: Aye. Garriss: All opposed? None.  Garriss: Text amendment minimum lot size 42-247, 42-248, 42-249, 42-273, 42-274, 42-275, and Pruitt: Mr. Mayor, Imoved to set al Public Hearing at the Town Council Meeting on July 15t, 2024,to consider the proposed text amendment to definition of minimum lot size in Section 42-1 and in the  42-1 definitions. Dolhave a motion?  relevant district regulations as noted in the staff report. Garriss: Thank you. Jeff. Dolhaveasecond?  Walker, Charlotte: Second. Garriss: Thank you Charlotte. Garriss: All in favor? All Council: Aye.  Garriss: All opposed? None. Thank you.  6Page  Town Council Minutes June 3, 2024    TOWN OF  KITTY HAWK  Garriss: Alright, 9Cist the one we need to reschedule Council. 42-1definitions and 42-528 Accessory Dwelling Units. Fwould like to make a motion to set the public hearing on those items on. July 1st,  2024, the next Council meeting. Dolhave a second?  Hines: Second.  Garriss: Thank you David. All in favor?  All Council: Aye.  Garriss: All opposed? None. Thank you.  Garriss: Next text amendment. Regarding single-family dwellings, all districts, maximum dwelling size and occupancy. Staff proposes language that would set a maximum dwelling size of 6,000feet  ofconditioned living space and 14 occupants. Dolhave a motion?  Pruitt: So, moved.  Garriss: For the July 1, 2024, Town Council Meeting?  Pruitt: Yes.  Garriss: Thank you. Dolhaveasecond?  Hines: Second. Garriss: Thank you, David. Garriss: All in favor? All Council: Aye. Garriss: All opposed? None.  Garriss: Okay, with this number of public hearings it will be al long meeting next month. 10. Commercial Site Plan Review 4007 N. Croatan Highway, Food Pantry addition  Garriss: Okay, item 10. Conditional site plan review. Rob, would you like to come up please? Food Testerman: The applicant has submitted a site plan modification request to add 1,410 square feet to the rear ofthe existing 1,880 square feet commercial structure. The propertyis in the VC1 zoning district, and it is surrounded by other VC1 properties and across US 158 VC2. Per Section 42-1,  Pantry addition.  7IPage  Town Council Minutes June 3, 2024    OWA  TOWN OF KITTY HAWK  because the proposed addition is greater than 15% of the existing structure, it does not qualify asa minor modification sO that is whyi it has come before the Planning Board now Town Council. So the lot coverage maximum allowable coverage in VC1 is 60%. The proposal here includes the removal of 457 square feet of existing asphalt reducing the lot coverage to 52.36%. Building height, the proposed building height for the addition appears to be 32 feet based on the site plan submitted. The maximum allowable is 35 feet in VC1 district and there is 10-foot side setback, 15-foot on the front and 20-foot rear set back. The proposed addition to the site plan meets all the setback requirements. The Planning Board reviewed this proposal at their May 16th meeting and manimousyrecommenced approval fort the site plan modification. That'salllhave prepared,lfyou  have any questions for me. tisastragntforward proposal.  Garriss: Council, any questions for Rob?  Tillett: Just a comment. Inoticed that you had in your staff report Rob as well. The maximum height ini this zone is 35 feet and the drawing didn't have a dimension for that. We scaled it and it isa approximately 32. Iwould prefer moving forward that staff have the right information sO you can Testerman: During construction, we will require a height certificate before they get their rough in  for sure tell that it is under maximum height.  inspection. Tillett: Understood.  Testerman: It will verify int the field that is being done.  Tillett: I'd like to verify before it gets built ini the field, butlunderstand it would be a good check as well. Maybe we should put a condition moving forward on this one if we decide to approve it that we make sure it'swithin the maximum building height allowance. Ift the Council agrees with that. Garriss: Yes, that is a great idea. Is anyone here representing Beach Food Pantry? Beach Food Pantry representative Rick Godsey and Kim James: Yes. Garriss: Council, are there any questions for these folks?  Tillett: Ihave one more question, sorry. It's not very clear what is being removed behind the building where the new structure is being built. Are these existing parking spaces being removed?  Rick Godsey: Yes. Tillett: That's parking spaces? Rick Godsey: Correct. 8Page  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Tillett: Is that a loading zone as well?  Rick Godsey: Yes.  Tillett: So, trucks are already delivering in the back, is that right?  Rick Godsey: There's five spots on the south side of that parking lot that are. going to be removed. Tillett: So, trucks are already going in and out of Lindbergh on that route. What is your typical Rick Godsey: That's what they hope to do as they get cheaper prices with bulk deliveries.  The current configuration shown on the drawing is the current way they look. delivery vehicle? Is that an eighteen-wheeler as shown on the plan?  Tillett: Are they able to make that maneuver as it is right now?  Rick Godsey: Absolutely.  Tillett: Okay and you haven'thad any complaints with existing neighbors on deliveries through that  back road?  James, Kim: We have not.  Garriss: It's got to include removal of 457 square feet of existing asphalt.  Tillett: I'm just concerned that it is meeting minimum parking requirements by removing those  parking spaces. Testerman: Yes, it is.  Tillett: Thank you, that's all I've got.  Garriss: Okay, very good. Council, Iwill entertain a motion.  Walker, Charlotte: Mr. Mayor,lwould like to move to grant approval of this site plan modification  at 4007 North Croatan Highway.  Garriss: Thank you, Charlotte. Dolhave a second?  Tillett: Second.  Garriss: Thank you Dylan. Any further discussion? All in favor?  Council: Aye. 9IPage  Town Council Minutes June 3, 2024    1oW)  TOWN OF KITTY HAWK  Garriss: All opposed? None. Thank you, folks.  Tillett: Thank you. 11. Public Hearing a. Fiscal Year 2024-2025 Budget  Garriss: Alright Council, Ineed a motion to go into Public Hearingr regarding the 2024-2025 budget.  Walker, Charlotte: So, moved.  Garriss: Motion made by Charlotte. Dolhave: asecond?  Tillett: Second. Garriss: All in favor? All Council: Aye.  Garriss: Okay, we are in Public Hearing. Melody?  Clopton: At the May meeting we presented a full budget presentation, and the budget has been available for review. These are highlights for fiscal year 2025 budget. Itis balanced at $11,957,726. There is no proposed property tax increase and there is no use of unrestricted fund balance. It establishes a community relations line item and funds capital reserve for future purposes. Afew of the highlights include replacement of fire, police and public works vehicles, upgrades to planning software, purchase ofa dump truck and replacingi in-car police laptops. Some oft the funding for the capital reserve includes Caterpillar backhoe replacement, boardwalk and dock repairs, and firetruck Garriss: Thank you Melody. Council, do you have any questions for Melody during Public Hearing? Isthere anyone here who would like to speak during this public hearing section about the budget?  replacement. That is what Ihave.  Let the record know no one else chose to speak. No discussion Council?  Hines: Are we approving the budget tonight?  Garriss: Yes sir, once we get back to the regular session. No more questions in public hearing?  Hines: Ido have a question. Garriss: Alright. 10IPage  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Hines: Iti is pertaining to law enforcement. There seems to be al line item in there forlthink $15,000 forlcan't: think of the name or the word, but we don't practice it here. Would you like to speak to  that please?  Clopton: Is it CALEA (Commission on Accreditation for Law Enforcement Agencies)?  Hines: Yes, that isit.  Chief Palkovics: Good evening, Mr. Mayor and Council members and Town Manager. Yes sir, I believe you are talking about accreditation CALEA. Commission of accreditation or NCLEA which is Hines: Yes, sir. Do you feel that line item is needed? When would you like to try to implement Chief Palkovics: Thank you, that's a great question. Yes, I do think accreditation is an extremely important and lofty goal whether you go with either the North Carolina Law Enforcement Accreditation or CALEA. CALEA is an internationally recognized accrediting body. There is a charge each year to participate and it's not only for the accreditation but also for the softwarethat: supports it as welll because there is al lot ofc documentation that takes place. Accreditation is having an outside body come in and look at your policies, procedures, and practices to verify that you are doing best practices in the industry. To me Ithink that is very important as a law enforcement agency to prove that they are doing what they say they are doing, and they are doing it the right way. You know, one of the examplesl I'have used ini the past is we send our kids to colleges and everyone who sends their kids sends them to an accredited university. Someone else has looked at them and said yes, they are doing what they say they are doing, and they are doing it the right way. Ithink our police department should be doing the same thing. Itis a pretty lofty goal, and it will be a challenge. It will take us probably 3 to 4 years to accomplish it sO it's not something you do overnight. It'sa tremendous amount of work; reviewing every single one of your policies, updating policies and Hines: l'appreciate that. Do you feel it's the right fit for Kitty Hawk? lunderstand accreditations and all that, but Idid research on it and Ican't find but maybe one or two other towns or whatever Palkovics: Oh, there are plenty and Iwould be glad to get you a list from the CALEA website sO you  North Carolina Law Enforcement Accreditation.  that?lwould like to try and understand more about it.  making sure they meet the standards that apply to the accreditation.  you want to call it that do that in North Carolina.  can see it there.  Hines: So, it is more than a couple.  Palkovics: But it is not everybody because it is a challenge. Accreditation is not a given. Itisal lot of work, and it is a commitment from the department and from the Town. Dolthink it's the right fit? Yes, sir Ithinki it'sright for any agency. Iwould hope the Town and the Town Council would support  11/Page  Town Council Minutes June 3, 2024    TOWA  TOWN OF KITTY HAWK  being an agency that does things the right way and has other people looking at them to ensure that Hines: Idon't disagree with that it's just this is new to me.Ihaven't heard much about it; you can Garriss: Ihave been through a number of those inspections over the years. You talk about stress until you find out you've passed that inspection; there's a lot ofhard work involved. Once you find out you've passed that inspection, Chiefi is right because then you are set to al higher standard. Your policies, procedures, paperwork, the equipment youl have iny your vehicles. Ithinkit'saveryl big goal and I'm glad you're ready and willing to tackle that goal. It think it's a great thing for Kitty Hawk. Chief Palkovics: Quite honestly, the easy route would be not to try for this, and Iwill tell you that right now. Idon't know ifld can adequately explain how difficult it is going to be for a small agency like us to attain accreditation. Butltruly believe that with the people and the mindset we have here  we're doing things the right way that is accepted in the industry.  probably speak more to it.  There are many agencies across the state that are CALEA certified.  we can make it happen. It's not going to be easy. Hines: Good enough, thank you. to go back into regular session please.  Garriss: Thank you Chief. Any more questions for Chief, Council? Okay, if not thenlneed a motion  Hines: So, moved.  Garriss: Motion made by David. Dolhave a second?  Tillett: Second.  Garriss: Second by Dylan. All in favor?  All Council: Aye.  Garriss: Okay, Council we arel back in regular session. Ineedamotioni ify you are prepared and ready Pruitt: Mr. Mayor,l Imake ar motion to adopt thet fiscal year 2024-2025 budget, capital improvements  regarding the 2024-2025 budget.  plan, and all of the budget related documents as presented. Garriss: Thank you. Jeff. Dolhave a second?  Walker, Charlotte: Second.  Garriss: Second from Charlotte. Any further discussion? All in favor?  12Page  Town Council Minutes June 3, 2024    TOWN OF  KITTY HAWK  All Council: Aye. year. Right,Jeff? Pruitt: Uh, huh.  Garriss: All opposed? None. Okay, we have al budget. Iso look forward to this conversation next  Clopton: It's going to be a ways. 12. Old Business:  a) Consideration of Ordinance Banning Release of Balloons  Garriss: Okay, Item number 12. Let's talk about some balloons. Consideration of balloon Clopton: Ithink sO. At the last Council meeting, we talked about what we would like to do with the situation of releasing balloons. A question was asked as to whether balloons could be considered litterand part of our litter ordinance. ChiefPalkovics did: some research, andi it cannot be considered litter because you must watch it go up and come down. You must be in the same jurisdiction where it all happens. After talking with Casey, we have proposed a more civil type of ordinance that is modeled after all the other towns as well as Southern Shores. It would have a civil penalty of $250 for anyone witnessing an intentional balloon release. You have the proposed balloon ordinance in front of you tonight for your consideration. I'm sure Casey can answer any questions you may have. Hines: Ihave a question. If you do witness al balloon, come out of someone's hand on purpose, you  ordinances. Melody, is that you?  are witnessing them litter, right? Clopton: No, you wouldn't. Hines: Okay, help me out.  Varnell: It's a great question and the research why Chief Palkovics can speak more to if he'd like. The research wasi interesting to sayt the least. Under the criminal statutes, we've got state code that usurps anything we would try to do. We are not allowed to develop criminal laws and define them;  the state does that. Hines: Correct.  Varnell: Under that definition of litter, you must see the release, you must be able to confirm that the balloon that was released landed and be able to identify the landing spot, trace it back to the original release and again from a jurisdictional standpoint there are a lot of questions there and a whole other set of apples in the cart because of the fact that balloons obviously travel al long way as  13IPage  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Ms. Swick has said many times at meetings. But the differentiating factor here is doing it through town ordinance, we're requiring only the intentional release to be the act in question.  Hines: So, itisbetter? things is concerned. Hines: Good enough for me.  Varnell: Right, sO it does away with requirements from the state as far as the criminal code side of  Garriss: Thank you Chief. Any further questions?  Tillett: Is the penalty $250 consistent with adjacent towns? Is that what we saw?  Varnell: That was modeled right after Southern Shores.  Tillett: Do we feel like that is enough? Is someone willing to spend that just to release some  balloons?  Hines: Idon'tt think it is. back and adjust it. Clopton: We could.  Tillett: In the grand scheme of wedding costs that's just a drop in the bucket. We can always go  Garriss: You kind of touched on it, it will be an enforcement nightmare. Hines: Itwill be, you can go down a rabbit hole with that.  Pruitt: Realistically, if you see your neighbor send off a bunch of balloons you could say saw this  from a reveal party or a wedding you know. Hines: I'm good, there's a lot ofiti in the waterways.  Pruitt: Isaw two yesterday.  Garriss: Alright Council, do Ihave a motion?  Walker, Charlotte: Mr. Mayor, I make a motion to amend the Kitty Hawk town code to adopt an ordinance making it illegal to intentionally release any inflated balloon within the town limits.  Hines: I'm going to second that.  14IPage  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Garriss: Thank you Charlotte and David for your second. Any further discussion? Alli in favor?  All Council: Aye.  Garriss: All opposed? None. Ms. Debbie, are you happy? Idon'tknow of anyone who has worked  harder on this than Ms. Debbie Swick. You have done an outstanding. job.  Swick: Does that mean you're tired of seeing me?  Garriss: You have done an outstanding job. You can come back any time (laughter).  Walker, Charlotte: Ilove the part that biodegradable is not true on the back of your card. There's  no such thing. 13. New Business:  a) Appointments to the Planning Board b) Appointments to the Board of Adjustments c) Appointments to the Recreation Committee  Garriss: Alright, Council, we've got some appointments to make that are expiring. Let's start with the planning board please. We have Brian Parker who is a regular member and alternate Matt Spencer and alternate Blair Meads who are expiring and need to be reappointed. You can consider any names; these aren'tthe only names you can consider. Let'ss start with the regular members. Do Pruitt: Mr. Mayor, Imake a motion to reappoint Brian Parker as a regular member on the planning  Ihave a motion to appoint or reappoint?  board with the term of office to expire. June 30, 2026.  Garriss: Thank you. Jeff. Tillett: Second.  Garriss: Second, by Dylan. Any further names? Okay, all in favor?  All Council: Aye.  Garriss: All opposed? None. Okay, we have appointment or reappointment of Matt Spencer and Pruitt: Mr. Mayor, Imake a motion to reappoint Matt Spencer and Blair Meads as alternates on the  Blair Meads as alternates please.  planning board with a term of office to expire June 30, 2026.  Hines: Second. 15IPage  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Garriss: Second by David. Thank you, Jeff. Any further questions? All ini favor?  All Council: Aye.  Garriss: All opposed? None. We also have Brian Parker would was just reappointed and also served as vice chair. He would need to be reappointed to that position unless the Council feels otherwise. Pruitt: Mr. Mayor, Imake a motion to reappoint Brian Parker as vice chairman oft the planningboard  foraone-yeart term.  Garriss: Thank you. Jeff. Dolhaveasecond?  Tillett: Second.  Garriss: Thank you Dylan. Alli inf favor?  All Council: Aye.  Garriss: All opposed? None. Thank you. Okay, Board of Adjustment. We have four that have all said they would like to be reappointed. Blair Meads, Christine Buckner, Natalie Smith, Kipp Tabb, or any other names that you may have. Ineed a motion to appoint or reappoint please.  Tillett: Can we do them all at once?  Garriss: If you feel like doing them all at one time, they are all regular members.  Tillett: Mr. Mayor,lmake a motion to reappoint Blair Meads, Christine Buckner, Natalie Smith, and Kipp Tabb as regular members to the Board of Adjustments with term of office to expire June 30,  2026.  Garriss: Thank you. Dolhaveasecond?  Hines: Second.  Garriss: Second by David. All in favor?  All Council: Aye.  Garriss: All opposed? None. Also, Blair currently serves as chairman if you would like to appoint or Hines: Iwill make a motion to reappoint Blair Meads as chairman of the Board of Adjustments for  reappoint, Ineed a motion please.  theterm. 16IPage  Town Council Minutes June 3, 2024    owN  TOWN OF KITTY HAWK  Garriss: Thank you David. Pruitt: Iwill second that.  Garriss: Second by. Jeff. Any further? All in favor?  All Council: Aye.  Garriss: All opposed? None. Okay, then we have the recreation committee. We have 3 names here whose terms are expiring and need to be reappointed. Dave Klebitz, Ryan Thibodeau and Kipp Walker, Charlotte: Mr. Mayor, I would like to make a motion to reappoint Kipp Tabb, Ryan  Tabb. Iwill take motions as appropriate to appoint or reappoint.  Thibodeau and Dave Klebitz to the recreation committee for another term.  Garriss: Thank you. Term expires June 30, 2026.  Hines: Iwill second.  Garriss: Thank you David. Any further? All in favor?  All Council: Aye.  Garriss: All opposed? None. Thank you, Council. These appointments and reappointments are  very important to this town.  14. Reports/General Comments from Town Manager Garriss: Ms. Melody, comments from Town Manager.  Clopton: Sure, good evening. lam very excited to announce that we have a fully executed contract for the police department renovation and construction. We have also received all the insurance and bonding information and all the required documents from the contractor. We will be scheduling a kickoff meeting with all the parties. It's going to be a good thing and we're excited about that. Tomorrow night, we're going to have at flood and storm prevention community meeting. The public isi invited to attend, it'sa drop-in from what lunderstand between 5:30 and 7:30 here at Town Hall. They will be talking about and getting the public's feedback on flood prevention and storm protection projects throughout the Town. It'sal busy week. On Wednesday, June 5th the Kitty Hawk Police Department will be holding a medicine drop at the police department from 10 am to 3 pm. This is a free program that allows people to safely and securely dispose of their unwanted over the counter and prescription medicines. That again is at the police department. On. June 29th, the police department will be holding its annual fishing tournament at Kitty Hawk pier. It's from 8 am to 1 pm that'sa Saturday. The suggested age for this event is 61 to 13 years of age but everyone is welcome. There will be prizes awarded as well as food and refreshments. Please contact the police  17/Page  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  department Sargeant Tyler Kouskouris is heading up this event for us but instead of spelling out his name I will just say to contact the police department. lalso want to give a shout out to Peggy Langley. Thank you sO much. She has beautified our circle around our town sign and has been taking care of our plants. Itlooks sO nice and it's nice to have people who do that just because.  Hines: Iknew that was better than a professional landscaper.  Garriss: Thank you Peggy, that is wonderful.  Clopton: That'salllhave.  15. Reports/General Comments from Town Attorney  Garriss: Thank you Melody. Casey? Varnell: Mayor, Ihave nothing.  16. Reports/General Comments from Town Council Garriss: Thank you Casey. Council? David?  Hines: Idon't have a whole lot. lwould like at the next meeting to have an open discussion for alternate members on the planning board. Rob could come up and speak to whatever he feels is  best for the town.  Garriss: Would you like to put that on the agenda fori the next meeting?  Hines: lwould.  Garriss: Melody, can we handle that? Clopton: Ofcourse we can.  Garriss: Thank you. Very good, thank you David. Anything else?  Hines: No sir. Garriss: Okay, Dylan?  Tillett: Iwant to welcome Lauren. Welcome to the Town, thank you. lwant to doac quick mention of one of the items on the consent agenda which was a donation from the Wise family. On behalf ofai family member and friend we lost this year, BB Wise. Mr. Brian Wise. Iwant to thank the Wise family for that donation. It think that was very nice and kind. Lastly, thank you Ms. Langley for  dressing up the sign. That was wonderful, we appreciate it. That'salllhave.  18Page  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Garriss: Thank you Dylan. Jeff?  Pruitt: lalso have here to thank the family of Brian Wise who we all called BB. They gave a donation tot the police department for the community outreach program. lwould like to thank the familyand let them know we're thinking about them. We really appreciate it. I'd also like to thank all of our board members from the planning board, board of adjustments, and recreation committee. Everybody ycame back and asked to be back. Iwant to thank everyone for doing that. Also, welcome Lauren. Welcome to the town, don't use too much of those psychology skills on me. Leave me out Garriss: Thank you Jeff. Summer's here and 11 think we all know that. Thank you to all the staff. Willie, Iknow you're short right now but you have not skipped al beat my friend. Fire department, police department too. Chief and I have a bit of a double booking to speak tomorrow night at the Kitty Hawk Baptist Church, but Chief says we're going there because they are cooking hamburgers and hotdogs. So that's where we'll be speaking tomorrow night. But again, like you. Jeff, everyone we: spoke to would like to be reappointed and said it would be an honor. That'sgreat. Lauren, thank  ofthat. That'sallhave.  you. We're glad you're here. Anything else, Council?  Clopton: Charlotte?  Garriss: I'ms sorry Charlotte. Iwill not hear the end ofthat. (laughter)  Walker, Charlotte: Iwant to thank Chief Talley and the Fire Department for the kickoff lunch the other day. It was amazing, a lot of work went into doing that and it's always a good thing to have Garriss: Thank you Charlotte. We have mentioned this before but Lilliana, you and your staff did a  that kick off to get the summer started. Thank you.  wonderful job on the budget. Charlotte: You absolutely did.  Garriss: You asked for information, and you got it for us right away, whatever we needed. Thank  you sO much. Melody, Iknow you are proud of all your staff.  Melody: Yes,lam.  Garriss: Anything else? Alright, I need a motion to adjourn.  Hines: So, moved. Garriss: Second? Walker, Charlotte: Second. 19IPage  Town Council Minutes June 3, 2024    TOWN OF KITTY HAWK  Garriss: We are adjourned. 17.Adjourned at 6:52 pm  20Page  Town Council Minutes June 3, 2024    Sb  TOWN 1981 HAS  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 AAIOMDONKIYDAMKO9  MEMORANDUM  TO:  Mayor Garriss and Members oft the Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of] Planning & Inspections  DATE: July1,2024  RE:  NC Resilient Coastal Communities - Phase 3 Application  Over the past several month, Kitty Hawk has been participating in the North Carolina Resilient Coastal Communities Program, Phases 1 and 2. During this process, through grant funding from thel NC Division of Coastal Management, we. have developed a draft plan that, through a series of community engagement efforts, identified risks and vulnerabilities, as well as potential projects The primary objective of Phase 3 is toj provide funding to assist communities in the engineering, design and permitting ofa prioritized project identified through Phases 1 and 2. As we are very near completion of Phases 1 and 2, Kitty Hawk is now eligible to apply for Phase 3. There is no cash or in-kind match requirement from the Town to proceed to Phase 3. The prioritized project that has been: identified for Phase 3 is to extend the Ridge Road Emergency Access. Recently a gated, gravel emergency access road was installed feeding off of the north end of] Ridge Road to provide emergency access to the two dwellings on Covered Bridge Road. This project would extend the gravel emergency: north to connect to Colleton Ave. The access road would be restricted during non-emergency conditions, but in the event of flooding on Kitty Hawk Road, would provide ai means of accessing N Croatan Hwy ifk Kitty Approval of the requestioned motion authorizes the Town to apply for the grant funding, the  to improve resilience.  Proposal  Hawk Road and/or The Woods Road were to become impassable. Town has not yet been selected to be awarded said funding.  Town Council Recommended Motion  "Imove to grant approval of the attached Resolution Authorizing Local Government  Execution of Resilient Coastal Communities Grant Contract."    PROJECT MAP (EVACUATION)  us  KittyHawk us15  Current evacuation route Prupased Ridge Rd. Extensiun Wildtire risk ares  Potental alternative evacuation noste via the Ridge Rd Extensicu    PROJECT MAP (PROPOSED ROAD LOCATION)  Existing gravel road Proposedatensisa    RESOLUTION. AUTHORIZING LOCAL GOVERNMENT EXECUTION OF RESILIENT COASTAL COMMUNITIES GRANT CONTRACT  MINUTES OF A REGULAR MEETING OF THE Town Council of Town of Kitty Hawk, North Carolina. A regular meeting of the Town Council of the Town of Kitty Hawk was held in the Smith Room, Town Hall, the regular The Town Council was advised that a proposed contract between the Town of Kitty Hawk and the North Carolina Department of Environmental Quality (DEQ) for Resilient Coastal Communities Program grant funds was presented for the project known as Town of Kitty Hawk Ridge Road Emergency Access and Evacuation Extension and discussed; that,  meeting place, on. July: 1,2024. There were five of Council Members present.  under the terms oft the said contract, the Town of Kitty Hawk will request a1 total of $165,000.  BE IT RESOLVED, BY THE Town Council of the Town of Kitty Hawk:  1) 2)  That a contract between the Town of Kitty Hawk and the North Carolina Department of Environmental That the Mayor and the Clerk be and they are hereby authorized to sign and execute the said contract for and on behalf of the Town of Kitty Hawk and forward the same to the North Carolina Department of That upon final execution, a copy of said contract bei filed with the minutes. Upon motion of Chairman/Mayor), seconded by (Commissioner, Alderman, Council member), said resolution was  Quality be and the same is hereby approved.  Environmental Quality. passed unanimously.  3)  I,Lauren Garrett, Clerk of the Town of Kitty Hawk, North Carolina do hereby certify that the foregoing is at true copy of so much of the proceedings of the Town Council at a meeting held on. July 1, 2024 as related to the contract between the Town of Kitty Hawk and the North Carolina Department of Environmental Quality, relative to the Ridge Road Emergency Access and Evacuation Extension for the Town of Kitty Hawk, North Carolina. WITNESS my hand and the corporate seal of the said Town of Kitty Hawk, North Carolina this the  day of  20  (SEAL)  (Clerk Signature)  ver:4 4/2024    NORTH CAROLINA DIVISION OF COASTAL MANAGEMEN RESILIENT COASTAL COMMUNITIES PROGRAM (RCCP  2024-25 Application Guidance Phase 3 Engineering & Desigy    Table of Contents PROGRAM OVERVIEW. Phase Objective:.. Funds Available:. Eligible Applicants:. Anticipated Project Period:. Maximum request:. Match Requirements.. Eligible Projects:. Program Criteria and Prioritization:. Phase 3 Criteria. Contracting:. Application Checklist. Submission:.  NOTICE OF AVAILABLE FUNDS AND REQUIREMENTS (2024-2025)  Project-Specific Guidelines for Natural and Nature-Based Strategies:  ADDITIONAL PROJECT REQUIREMENTS. Post Grant Funding Award: Project Reporting:  Contract Duration & Extension Requests:. Invoicing and Payment Schedule: Project Deliverables: IFYOUR RECEIVE A GRANT When to start:. Signing the contract: Project scope and costs.. Period reporting:. Completing the project:  1Page    PROGRAM OVERVIEW  The Resilient Coastal Communities Program (RCCP) is a component of the North Carolina Resilient Communities Program, called fori in the 2020 North Carolina Climate Risk Assessment and Resilience Plan. The North Carolina Division of Coastal Management (DCM) has received funding from the NC State Legislature and the National Fish and Wildlife Foundation (NFWF) toimplement the RCCP in coordination with the NC Office of Recovery and Resiliency (NCORR), The Nature Conservancy (TNC),  and NC Sea Grant (NCSG).  The RCCP is a four-phase program that seeks to:  1. Address barriers to coastal resilience in North Carolina at the local level, such as limited 2. Assist communities with risk and vulnerability assessments and developing a portfolio of  capacity, economic constraints, and social inequities;  planned and prioritized projects;  3. Advance coastal resilience projects to "shovel-ready" status; and 4. Link communities to funding streams for proectimplementation.  The four phasesare:  Phase 1: Community Engagement and Risk Vuinerability Assessment Phase 2: Planning, Project Identification, and Prioritization  *Phase 3: Engineering and Design *Phase 4: Project Implementation  To be eligible for Phase. 3 funding a community must complete Phases 1 and 2 or an equivalent level of  planning and community engagement.  DCM is hosting an informational webinar on the Phase 3 and 4 application process on April 19,  2024, from 10-11:30 AM. Register for the webinar HERE.  2Page    NOTICE OF AVAILABLE FUNDS AND REQUIREMENTS (2024-2025) Phase Objective: The primary objective of Phase 3 of the RCCP is to provide funding to assist coastal communities in the engineering, design, and permitting of a prioritized project identified through Phases 1 and 2 of the RCCP and outlined in their Resilience Strategy or an alternative plan that meets the criteria and deliverables outlined in Phases1 and 2 of the RCCP Planning Funds Available: DCM estimates that a total of approximately $2 million will be available for Eligible Applicants: All county and municipal governments within the 20 coastal counties (i.e., counties that fall under the Coastal Area Management Act (CAMA)) and any federal and state- recognized tribes may apply. Adjacent communities may submit a joint application for a regional grant. Applicants may also submit applications for more than one project but must indicate their funding priority and complete and submit a separate application for each project. To reach DCM staff with any questions, please use the contact information at the end of this document. NOTE: All eligible applicants must have completed Phases 1 and 2 of the RCCP (or an equivalent scope of work) to apply for Phase 3. Please see the Resilience Strategy Matrix on page. 5 of the Phase 3 Application to show how you have completed the steps and minimum requirements of  Handbook.  Phase 3 projects in FY 2024-2025.  the program.  Anticipated Project Period: July 2024- - July 2025 (12-months)  Maximum Request: There is no limit on maximum request. However, due to the limited funds available, larger requests may be difficult to accommodate. DCM anticipates the award amounts Match Requirements: There is no cash or in-kind match requirement for applicants. The presence of a match will not impact the scoring of your application. However, if additional funds are necessary to complete the project, the source and availability of those funds must be Eligible Projects: Projects include requests for the engineering, design, and permitting ofa priority resilience project identified by the applicant. Proposals can include preliminary design, site assessment, and baseline monitoring provided that the project can result in a 90-100% design for the project. Proposals for the development of ordinances or policies to further Program Criteria and Prioritization: DCM will review applications and select projects based on available funding and alignment with program goals and objectives. In addition to evaluating 1The minimum requirements of the RCCP can be found ini the Program Planning Handbook.  for Phase 3 will range from $25,000 to $500,000.  identified.  resiliency in the community may also be submitted for consideration.  3Page    applications in accordance with the above eligibility requirements, DCM will consider the  following factors:  Phase 3 Criteria  The applicant has previously participated in and completed Phases 1 and 2 oft the The project's alignment with the community's Resilience Strategy developed in The project produces engineering and design plans for a shovel-ready project or The project ensures equitable consideration of socially vulnerable, historically disadvantaged, and underserved populations (e.g., low-income and minority) The potential transferability of the project to other coastal area municipalities The availability of additional funds required to complete the project, if necessary.  RCCP or an equivalent scope of work.  The project's contribution towards the objectives of the RCCP.  Phases 1 and 2.  at final draft of the developed ordinance or policy. The project incorporates nature-based components.  and counties.  Size and scope of expected benefits. The project's cost-effectiveness.  Project-Specific Guidelines for Natural and Nature-Based Strategies:  1. Shoreline stabilization proposals should document erosion trends and threatened infrastructure or habitats. "Living shorelines" using biodegradable, natural, and inert materials and vegetation should be prioritized over gray (hard) approaches (bulkheads, revetments, breakwaters) where they can be successfully used given site conditions. 2. Where practical, flood control projects should prioritize nature-based strategies that protect, restore, or replicate the natural capacity of the landscape to store and treat 3. Stormwater control projects should focus on reducing the volume and rate of runoff caused by land use by providing for natural infiltration and other best management practices that restore, enhance, or replicate natural hydrology. Projects may include strategic land or easement acquisition to provide space for wetland restoration or creation, riparian buffer protection or restoration, and redirection of runoff to green space or natural infiltration areas; as well as the use of stormwater management measures outlined in the DEQ Stormwater Manual, such as disconnecting impervious surfaces, rain gardens, bioswales; vegetation, stormwater wetlands, and permeable  flood waters.  pavement.  4Page    4. Coastal wetland and oyster reef restoration projects should analyze habitat trade-offs that may result (e.g., conversion of existing shallow-bottom habitat), and document historical deterioration or loss of wetland or oyster habitats. Proposed oyster reef restoration projects should document early coordination with the NCI Division of Marine 5. Beneficial use of dredged materials proposals should document early coordination with federal and state regulatory agencies, describe any seasonal restrictions that may be required to limit impacts to sensitive coastal and marine resources, and evaluate the compatibility and suitability of the dredged materials for the proposed use. The disposal of dredged materials on coastal wetlands will require more intensive regulatory reviews and likely would require a' Variance from the NC Coastal Resources Commission. 6. Priority should be given to proposals that provide tangible long-term resilience benefits; for example, those that allow for upland migration of coastal wetlands over time, provide infiltration areas for stormwater or floodwaters, or provide natural protection of 7. All projects proposed on (ori impacting) federal, state, local, or private lands should include participation or written support of the relevant management or ownership  Fisheries with respect to site selection and materials.  public or private infrastructure.  entity.  Contracting: DCM will be contracting directly with selected applicants. Selected applicants will  be responsible for conducting their own procurement process.  Application Checklist  DApplication cover sheet DQuestion responses  DSupplemental documentation, if applicable, not to exceed 20 pages  Submission: Submit applications to rcep@deg.nc.gov by 5:00 pm ET Friday, May 31,2 2024.  Direct questions regarding the application to:  Mackenzie Todd, DCM Coastal Resiliency Coordinator mackenzie.toddedeg.ncgov/252)515-5434 Kasen Wally, DCM Coastal Resilience Specialist Esa/CBNSSAN  DCM is hosting an informational webinar on the Phase 3 and 4 application process on April 19,  2024, from 10-11:30 AM. Register for the webinar HERE.  5Page    ADDITIONAL PROJECT REQUIREMENIS  Post Grant Funding Award: After DCM issues the applicant an award notice, the applicant must enter into a contract with DEQ prior to any work being completed. Any changes to the scope of the project or project budget after submission of a grant application will require the written approval of the DCM Grant Administrator and may also require al DEQ contract amendment. In seeking DCM approval, the grantee must submit, at a minimum, a justification for any proposed changes, revised scope of work narrative, and a revised budget. Unapproved changes to the project scope or budget shall not be eligible for reimbursement. ADEQ grant contract is considered 'fully executed' once it has been signed by both a signatory authority of the grantee and DEQ Financial Services. A copy of the fully executed contract will Project Reporting: Consistent with the "Project Timeline" provided in the application, every 2 months the grantee will be required to submit a progress report as to the status of the project. Each report should be packaged alongside its corresponding invoice. The Contract Administrator will provide both the Periodic and the Final Closeout Report Form templates. Adjustments to Contract Duration & Extension Requests: Grant contracts for funds will have a term of 12 months. Grant contracts will be executed between DCM and the grantee. If necessary, grantees may request a no-cost extension. A request for an extension must be submitted in writing on  be provided to the grantee after being signed by DEQ.  the schedule will require approval by the Contract Administrator.  official letterhead and include the following information: 1. Justification for the extension request 2. Summary of the current project status 3. Anticipated project schedule moving forward.  Arequest for an extension must be submitted 45 days prior to the contract expiration date and must be submitted via email to RCCPOdeg.nc.gov. Extension requests that are approved by Invoicing and Payment Schedule: Reimbursements for actual expenses are subject to the Contract Administrator's approval. A reserve of 10 percent of the grant award shall be held pending submittal and acceptance of all final project deliverables. The grantee shall request reimbursement payments not more frequently than once every two months. Final invoices must be received by DCM within 30 days after the end of the grant contract period. Upon approval of the final deliverables, the State will release the final 10 percent of the grant award. Project Deliverables: Engineering and design projects will require engineered site plans that result in a 90-100% design for the project and are ready for submittal to applicable permitting agencies (e.g., DEQ-stormwater, CAMA, etc.). If an ordinance or policy, the final draft document  DCM require a grant contract modification.  6Page    will need to be submitted. The project will be required to be completed consistent with the deliverables outlined in the application. A PDF document of the work called for in the grant application shall be provided for review at the end of the contract period. GIS data must be provided in map package format. A Map Package (.mpk) consists of a map document (.mxd) and the data referenced by the layers it contains, packaged into one portable file. See esri's "Creating a map package" for guidance on creating and sharing a map package. Products must be referenced to the North Carolina State Plane North American Datum 83 US Survey Foot, to Additionally, one digital copy of all the completed work shall be provided on a USB Flash drive for review at the end of the contract period. The digital version of the Map Package should be labeled with both software and version. Additionally, each plan, map, and drawing shall be provided as a single digital file. Acceptable digital formats for document files include: .doc,.docx, .txt, xls, .xisx -ppt, -pptx, and pdf. Acceptable digital formats for image files include: gif, jpg, .bmp, and .tif. CAD or AutoCAD drawings (.dwf, .dxf, and other CAD formats) are not acceptable and should be DCM is hosting an informational webinar on the Phase 3 and 4 application process on April 19,  include Federal Geographic Data Committee (FGDC) compliant metadata.  converted to .pdf for submission.  2024, from 10-11:30 AM. Register for the webinar HERE.  7Page    IFYOU RECEIVE A GRANT  Whentos start:To receive grant funds, a grantee must receive a fully executed contract from DEQ before beginning the access project. A DEQ grant contract is considered fully-executed" once it has been signed by both a signatory authority of the grantee and DEQ Financial Services. A copy of the fully executed contract will be provided to the grantee after being signed by DEQ. Signing the contract: The grantee is required to adopt a Resolution authorizing the manager to enter the grant contract with DEQ. The contract describes the project and the conditions for receiving the grant. This is a legally binding agreement between the grantee and the State of Project scope and costs submitted in the application will be used to develop a scope of work that will be included in the contract and serve as the budget for the project. The grantee is Period reporting: The grantee will be required to submit reports as to the status and progress of the project every 2 months for the duration of the contract. DCM will provide the report Completing the project: The grantee has 12 months to complete a project. Projects may be  North Carolina.  responsible for any additional costs needed to complete the project.  templates.  amended and extended at the discretion of DCM.  8IPage    SC  AGENDA ITEM # Consent  DATE: July 1,2024  SUBMITTED BY: Finance Director SUBJECT: Interlocal Agreement  REF: Annual Interlocal Agreement for solid waste collection services with Dare  County.  BACKGROUND: the citizens of Kitty Hawk.  The Town of] Kitty Hawk contracts garbage collection services with Dare County for As expected the service rates for FY 2024-2025 have increased as follows: Residential new rate x hour $131.80 - FY2023-20245117.14 Commercial new rate x hour $116.53- FY2023-2024510325  DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    County of Dare  PO. Box 1000 I Manteo, North Carolina 27954 I 252.475.5000  CARO  NORTH CAROLINA DARE COUNTY  INTER-LOCAL, AGREEMENT FOR SOLID WASTE COLLECTION SERVICES  THIS AGREEMENT made and entered into this  day of  2024 and  between the County of] Dare, al North Carolina body politic (hereinafter County) and the Town ofKitty Hawk, a North Carolina body politic (hereinafter Town);  WITNESSETH:  WBIEREAS, County is empowered with the authority to collect solid waste pursuant to the laws of the State ofNorth Carolina and under the direction ofi its County Manager and WHCREAS, the Town is also empowered with the authority to collect solid waste within its municipal limits, pursuant to the laws of the State ofNorth Carolina and under the WHEREAS, pursuant to the provisions ofNorth Carolina General Statute Section 160A-11,North Carolina General Statute Section 160A-17,North Carolina General Statute Section 153A-12 and Article 20 of Chapter 160A of the General State ofNorth Carolina, the County and Town are each authorized to enter into inter-local agreements WHEREAS, Town has requested County toj provide for the collection of solid waste within the corporate limits oft the Town and County has agreed toj perform such services NOW,THEREFORE, in consideration of the mutual terms and conditions contained 1. RESIDENTIAL, RECEPTACLES. All residential garbage receptacles shall be 90 gallon rolling carts or such other receptacles as may from time to time be determined by County. Property owneis shall obtain their garbage receptacles by paying unto Town, at the time of their building permit application, a fee set by County to purchase such receptacle. Town shall provide owner with a paid reçeipt and upon delivery ofs such paid receipt to County, County shall provide owner with the garbage receptacle. Property  Board of Commissioners: and  direction ofthe Town Council of the Town ofI Kitty Hawk; and  for the purposes contained herein: and  pursuant to the terms oft this agreement. herein, the parties agree as follows:  nd Af Daainnina    owners may purchase replacement garbage receptacles directly firom County or from other sources, but all receptacles purchased from sources other than County shalll be purchased firom a list ofa approved receptacles provided by County. 2. COMMERCIAL RECEPTACLES. The property owner shall purchase any needed commercial receptacles from a list ofapproved receptacles provided by County. 3. TOWN: DUTIES, The Town shall adopt and enforce such ordinances and regulations  as may bei neçessary to assure that users: A. Utilize only County approved receptacles.  B. Position the residential receptacles on scheduled pick-up days at the places designated by County within two feet oft the abutting pavement or usually traveled tire tracks on C.P Place all receptacles such that they face in the direction oft the abutting street. D. Keep and maintain a clean and sightly area for the placement oft the receptacle. E. Provide that customers allowed to paint such identifying marks or names on such F. Provide that commercial containers shall be placed in locations approved by the County, and that the placement ofreceptacles on such approved sights shall be in a G. Remain as a member of Albemarle Regional Solid Waste Management Authority and enter such agreements as may be necessary to obligate Town to commit its solid waste to 4. TOWN ORDINANCES. The County shall bel bound by ordinances passed by the Town in connection with solid waste sO long as such ordinances are in compliance with this agreement. The rate for services as set forth in this agreement shall be based on current conditions. Should the Town adopt ordinances or amend ordinances which create additional costs to the County, the County may unilaterally amend its per hour fee for services set forth herein and such amendment to the hourly fee shall take effect at the 5. SOLID WASTE MANAGEMENT ACT, The State ofNorth Carolina has enacted the Solid Waste Management Act of1989 that mandates waste reduction and bans several materials from landfills. In accordance with the aforesaid Act, County does not accept waste oil, lead acid batteries or yard waste with municipal solid waste. Additionally, the County does not accept liquid paints, pesticides or other toxic, corrosive or flammable liquids with municipal solid waste. Any of the foregoing items or other items which are  unpaved streets.  portions of the receptacles as the Town may deem appropriate.  direction approved by the County.  County.  time such ordinance or amendment becomes applicable.    subsequently added to the Solid Waste Management Act as prohibited items, found in the Town's waste, will be separated and properly disposed of, the hours and cost documented and the Town billed for those services. Education ofTown residents concerning these 6.1 PAYMENT TERMS. County shall charge Town for its solid waste collection services based upon its cost for fuel, labor, parts, insurance and other variable costs associated with collection of such solid waste as budgeted for the current year, Work sheets and documentation used in calculating such: fees shalll be shared promptly with the Town upon request, Methodology for costs and calculations will be based upon the hourly cost to the County of services instead ofa unit or per cart cost, Following are the A. Residential colleçtion services will bel billed at the rate of $131.80 per hour. County will provide residential solid waste collection twice per week Labor Day through Memorial Day. On the beach side oft thel by-pass only, there will be a1 third pick up per week from Memorial Day through Labor Day and the rest of] Kitty Hawk will remain on B. Commercial collection services will be billed at the rate of$116.53 per. hour. County will provide commercial solid waste collection three times per week January 1, through Memorial Day, four times per week Memorial Day through Labor Day, and three times C. The aforesaid sums shall be thei initial rates and shall remain in effect until June 30, 2024. Unless terminated as provided herein, the rates shall be recalculated based upon the subsequent fiscal year costs as provided above and thei new rates resulting from the recalculation shall be the rates for the subsequent fiscal year, At the end of each fiscal D. The Town shall be responsible for and pay as the same may become due all tipping fees incurred for the disposal ofTown's solid waste. County shall not be required toj pay any tipping fees on behalfofTown or for solid waste generated by Town and such sums 7. TERM. The term of this Contract shall be for a period beginning on July 1, 2024, and end upon termination as provided herein. Ifthis Agreement is not terminated in the manner set forth herein, this. Agreement shall automatically renew for the next fiscal year. Notwithstanding the foregoing, at the end of the 5th fiscal year following the beginning date, this contract shall terminate unless both parties agree to further renewals. 8. BILLING. Payment for the collection ofs solid waste shall be billed as follows:  bans shall be the responsibility of the Town.  fees for collection to be paid to County by Town;  the twice per week pick up only,  per week Labor Day through December 31.  year thereafter, the rates will be recalculated in a similar manner.  are not aj part oft the schedule of fees set forth above.    A. County will bill the Town quarterly in April, July, October, and January for all B. Invoices will summarize the hours expended in the various categories of çollection, The Town has the right to examine the daily reçords/logs oft the drivers. Daily logs and invoices based upon them will indicate the tonnage collected ofmunicipal solid waste  residential and commercial collections.  sent to the landfill.  C. All sums billed shall be due and payable in full within 30 days.  9. TERMINATION. Either party may terminate this agreement upon six months written notice to the other. Such termination shall be effective at the end of the fiscal year during which such termination notice is given provided notice is given six months to the expiration oft the fiscal year. It is the intention oft the parties that in the event of termination, each party shall have a minimum ofs six months prior to the expiration ofits fiscal year toj plan its budget based upon the termination of this agreement. IN WITNESS WHEREOF the parties hereto have duly authorized the signing of this  agreement by their respective appropriate officers.  COUNTYORD DARE BY: P Manager  ATTEST: Clerk  TOWN OF KITTY HAWK  BY: Mayor  This instrument has been pre-audited in the manner required by the Local Government  and Fisqal Control Act iichobkk Town Finance Officer    &  AGENDA ITEM # Consent  DATE: July1,2024  SUBMITTED BY: KHPD Chief Palkovics SUBJECT: Interlocal Agreement  REF: Annual Interlocal Agreement for Motorola Flex system BACKGROUND: In January 2023, the Kitty Hawk Police Department, in conjunction with the Dare County Sheriff's Office and Town Police Departments within Dare County, migrated to a new records management system (RMS), Motorola FLEX. Since that time local law enforcement has been developing an agreement between the involved Towns and Dare The Interlocal Agreement between Dare County and the Town of Kitty Hawk, Town of Nags Head, Town of Southern Shores, Town of Kill Devil Hills, Town of Duck, and the Town of Manteo sets forth the provisions identifying the distribution of responsibilities, system management, and software services pertaining to the Motorola FLEX public safety software. The Interlocal Agreement has been presented to the Dare County Commissioners and signed off by Dare County Manager, Robert L. Outten. It isnow being presented to you for approval of acceptance by the Town of Kitty  County.  Hawk. DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    NORTHCAROLINA DARE COUNTY  INTERLOCAL: AGREEMENT  This INTERLOCAL: AGREEMENT entered by and between Dare County and Town of Southern Shores, Town of Nags Head, Town of Kitty Hawk, Town of Kill Devil Hills, Town of Duck, and" Town of Manteo, hereinafter referred to individually as a' "party" and collectively as "the parties," is executed pursuant to all applicable governing laws of the State of North Carolina. The parties acknowledge they have read and understand the terms and conditions contained herein. This Agreement sets forth provisions identifying the distribution of responsibilities, system management, and software services pertaining to the Motorola  FLEX publics safety software system. Each party does agree as follows:  1.0 DEFINITIONS  PARTIES: The entities directly associated with the Motorola FLEX public safety software system, which include Dare County and the Town of Southern Shores, Town of Nags Head, Town of Kity SERVER SITE:The Dare County Sheriff's Office will herein be referredi to as the Server Site. Assuch, the dedicated server(s) for the software applications will be maintained and stored at the Server CONNECTED SITES: Town of Southern Shores Police Department, Town of Nags Head Police Department, Town of Kity Hawk Police Department, Town of Kill Devil Hills Police Department, Town of Duck Police Department, and Town of Manteo Police Department willl herein be referred to as the Connected Sites. As a shared entity utilizing the server(s) at the Dare County Communication Center, the software owned and operated by the Connected Sites will use the MOTOROLAFLEX: SYSTEM: All references to the system, software, Motorola FLEX, Motorola FLEX system, or Motorola FLEX publicsafety system software referto any version or parts oft the public AUTHORIZED INDIMIDUAL: An Authorized Individual is one whol has been given a unique username and password login to the Motorola FLEX System. Each Authorized Individual must be a current Employee In Good Standing, as defined below, of Dare County, Town of Southern Shores, Town of Nags Head, Town of Kity Hawk, Town of Kill Devil Hills, Town of Duck, or Town of Manteo, or an authorized IT Contractor in Good Standing designated by the Server Site, ora a Connected Site, to assist or perform maintenance on the Motorola FLEX public safety software system at the Server HIGH PRIORITY ISSUE: Issues that are critically impacting the Motorola FLEX public safety soflware MEDIUM PRIORITY ISSUE: Issues that are impacting thel Motorolal AEplicwtysahawesan  Hawk, Town of Kill Devil Hills, Town of Duck, and Town of Manteo.  Site andi its associated facilities.  server(s)at the Server Site.  safety software applications provided by Motorola, Inc.  Site or a Connected Site.  system and the job performance of multiple users. and the job performance of at least one user.  1    LOW PRIORITY ISSUE: Issues that are impacting the Motorola FLEX public safety softwaresystem EMPLOYEE IN GOOD STANDING: An employee of one oft the parties whol has not been terminated for any reason; has not been relieved of duty pursuant toa a criminal ora administrative investigation; has not hadl his or her access tot the Motorolal FLEXP publicsafetysystem: software revoked oterminated for any reason; and has not been charged with ai felony offense, or a misdemeanor offense listed in the most recent publication of the North Carolina Criminal Justice Education & Training Standards Commission/North Carolina Sheriffs' Education and Training Standards TCONTRACTOR IN GOOD STANDING: An employee of an IT company that is under a current contract to provide IT services and assistance to Dare County, Town of Southern Shores, Town of Nags Head, Town of Kity Hawk, Town of Kill Devil Hills, Town of Duck, or Town of Manteo; and who has not had his or her contract to provide such services and assistance terminated directly or indirectly for any reason; and who has not been charged with at felony offense, orar misdemeanor offense listed in the most recent publication of the North Carolina Criminal Justice Education & Training Standards Commission/North Carolina Sheriffs' Education and Training Standards Commission Class BI Misdemeanor Manual; has beeni fingerprinted and remains int full compliance witha allFBI Criminal. Justice Information: Services (CJIS) and NCSBI DivisionofCriminal. Information SYSTEM APPLICATIONS ADMINISTRATOR: Often referred to as a "Super User," is a user of the Motorola FLEX public safety system software who has been given the ability to access all programs in the Motorola FLEX public safety software system and has "Administration Mode" privileges. Further, a Super User canview all partitions, and can access,add, modify, and delete all records on the Motorola FLEX. public safety system software. System Applications Administrators are responsible for adding all new Authorized Individuals, Agency Administrators, and System Applications Administrators to the system. Only employees of the! Server Site who are assigned b administerthe Motorola FLEX publics safety software system and who are sworn law enforcement officers or who have a need to assist in administering the Motorola FLEX public safety system AGENCY ADMINISTRATOR: Appointed by the Agency Head at each Connected Site, Agency Administrators have the ability to access the programs the employing Connected Site has purchased within the Motorola FLEX public safety software system, and the data specific to the Agency Adminstatorsempoyne Connected Site. AgencyAdminstrators cana also view partitions for the applicable Connected Site; access, add, modify, and delete records for the applicable Connected Site; make administrative changes to program settings for the applicable Connected Site; and have full authorization to modify, and delete their Connected Site's own Authorized Individuals' and Agency Administrators' access, rights, or privileges within the Motorola FLEX public safetys software system. Each Agency Head: shall have Agency Administrator privileges. AGENCYHEAD: The chief of police at each Connected. Site and the Sheriff at the Server Site.  but have a minimali impact on the job performance ofusers.  Commission Class B Misdemeanor Manual.  (DCI) requirements.  software may possess System Applications Administrator rights.  2.0 DATAENTRY, ANDUSE 2.1 STANDARDS COMMITTEE  2    AS Standards Committee willl be established. The Standards Committee willl be chaired byt the Dare County Sheriff's Office Director of Communications and will include one member from each Connected Site, whoi is appointed byt the chiefo of police from each ConnectedSite. Eachappointee The Standards Committee shall initially meet within thirty (30) days after the execution of this Agreement and shall thereafter meet at least monthly to address issues arising with regard to: this Agreement;the. Motorola FLEX publitcsafetysoftware: system; polices, standards, and changes tot the use oft the Motorola FLEX public safety software system; or any otheri issue properly before the Standards Committee. At their initial meeting, the Standards Committee shall establish regulardates andt times for its monthly meetings, andj proceduralrules fori its meetings. The Server Site shall be responsible for scheduling the initial meeting of the Standards Committee with the The Standards Committee shall also schedule special meetings upon the written request of any member oft the Standards Committee or Agency Head, which special meetings may be to address Each member of the Standards Committee shall have one vote, with a simple majority needed, when voting to approve or disapprove standards and proposed changes to the Motorola FLEX Members of the Standards Committee will also serve as the primary point of contact for communication regarding the Motorola FLEX public safety software system, between the Server Site and the Connected: Site. Troubleshooting requests will be made electronically usingat tracked system. Members of the Standards Committee should receive regular communication from the The Standards Committee shall be responsible for making all decisions regarding standards, substantive changes, and policies regarding the Motorola FLEX public safety software system and its design and usage but shall not be responsible fort the daily oversight of the said system. The Server Site will make decisions, without a vote by the Standards Committee, regarding the  should be an Agency Administrator fort their respective agency.  Agency Heads or, ifappointed, the Standards Committee member.  anyi item set forthi ini the paragraph above.  public safety software system.  Server Site regarding the Motorola FLEX publics safety software system.  standards and changes tot the Motorola FLEXCAD and. Jail modules.  2.2 DATAENTRY: STANDARDS  Terms of consistency are to include consistent vocabulary and references throughout the Motorola FLEX System as well as definitions for all codei tables throughout the system.  2.3 GEOBASE SETUP AND ONGOING MAINTENANCE  It will be the responsibility of the Server Site to develop, update, and maintain all GeoBase files for all parties, including street center lines, partial layers, police zones, and common place names. The Connected Sites will have full authorization to work collaboratively with the Server Site to define these specifications for system users, and the Server Site shall update the GeoBase files  based on input from the Connected Sites.  3    2.4 DATASHARING  The Server Site shall allow the Connected Site to maintain separate records and data specific to each party's Motorola! FLEX publicsafety: software system. Each party willl have access to computer programs and stored data within the Motorola FLEX public safety software system. Access toi the Connected. Site's data willl be established and directed by the Server Site withi the ConnectedSite's participation and approval. Data entered into the system by any party becomes a part of the server database and will be subject to maintenance or archival procedures as determined by the Server Any Connected Site may partition data applicable to its GeoBase files or entered into the Motorola FLEX public safety software system by its own Authorized Individuals or Agency Administrators into the Motorola FLEX public safety software system, so that no other Connected Site may access that partitioned data ("Partitioned Data"). Each party shall have access to data entered into the Motorolal RbXpubicsaletysaliware system by another party unlesst that datai is Partitioned Data. No party will sell, give, loan, lease orotherwise transfer title, possession, or allow access or use of any of the data or screens by any person, firm, corporation, or association, other than the party's respective Authorized Individuals, Agency Administrators, or System Applications Administrators, without prior written approval from all parties. Each party acknowledges and agrees that any party Dissemination of data or information is the responsibility of each party and shall be consistent with the provisions of this Agreement. Each party shall ensure that its Authorized Individuals, Agency Administrators, and System Applications Administrators, as applicable, do not disclose data obtained through the Motorola FLEX public safety software system except as permitted by  Site, the Standards Committee, or as required by law.  2.5 USEOFDATA  may deny the aforementioned acts tol be undertaken by the other party.  this Agreement or as required by law.  2.6 NON-PUBLICRECORDS  Pursuant to NCGS Sections 132-1.4 and 132-1.4A, records entered into the Motorola FLEX public safety software system may not be subject to disclosure pursuant to the North Carolina Public Records Act, NCGS Section 132-1 et seq. Thus, before any records enteredi intot the Motorola FLEX public safety software system is treated as a public records subject to disclosure under NCGS Sections 132-1 et seq., the party proposing to disclose the records as public records shall make a determination as to whether the records are exempt from such disclosure pursuant to NCGS Sections 132-1.4 and: 132-1.4A and shall share its determination with the other parties before any  data is disclosed as public records.  2.7 SYSTEMUSE  The Motorola FLEX public safety software system is intended for use by the Server Site and Connected Site's public safety employees only, and then only to the extent that the public safety employees are Authorized Individuals, Agency Administrators, or System Applications  Administrators.  4    Use of the Motorola FLEX public safety software system shall be in compliance with U.S. Department of Justice, Federal Bureau of Investigations, Criminal Justice Information Security  Policy, and NC State Bureau of Investigation Policy.  3.0 SECURITY  Extent of access shall conform to the regulations seti forth in applicable federal, state, and local  law.  3.1 SECUREDSYSTEM. ACCESS  Access to the Motorola FLEX public safety software system will only be allowed through a virtual  private network(VPN) established and maintained by Dare County.  3.2 AUTHORIZED INDIVIDUAL USERS  Subject to the limitations provided in this Agreement, each Connected Site will have full authorization to add, modify, and delete that Connected Site's own Authorized Individuals and Agency Administrators' access, rights, or privileges within the Motorola FLEX public safety The Server Site will not add, modify, or delete any access, rights, or privileges of an Authorized Individual or Agency Administrator employed! bya Connected Site within the! Motorola FLEXI public safetysoftware system without written consent from the applicable Connected: Site.  software system.  3.3 USER PERMISSIONS  Each user of the Motorola FLEX public safety software system shall have a unique user account witha unique password, thereby identifying the user's identity and the users access authoritya as an Authorized Individual, Agency Administrator, or System Applications Administrator. Authorized individual permissions shall include, as appropriate, system rights of the user, accessibility to specific modules and applications, ability to view, modify, delete, and print any aspect oft the Motorola FLEX public safety software system as defined by approved permissions for  each Authorized Individual user.  Auser's account will provide a method of accounting for access to information. Sharingofaccounts withina Connected Site is express'yprohibited.  3.4 SECURIYPAIMLEGES  Connected: Sitest reserve the right to make decisions and establish alls security privileges pertaining tothe Connected: Site's data stored within the Motorola FLEX public safety software system.  3.5 SECURITYAND INTEGRITY  5    The Server Site's network shall remain, and the Server Site shall ensure that its network remains protected from internet threats with firewall security to prevent unauthorized access via the internet or internally. The Connected Site is responsible for securing its own organization's By the tenth 10th day of each month, the Server Site shall provide each Agency Head with ai full audit report for the month juste tended that shows: all authorized userso ofthel Motorola FLEX public safety software system; whether each such user is an Authorized Individual, Agency Administrator, or Systems Applications Administrator; which of the appliable Connected Site's files were accessed by each user of the Motorola FLEX public safety software system; and when such files were accessed. Any such report shall also be provided by the Server Site for any specified period upon at least five (5) days prior request from an Agency Head requesting the report and applicable  computer resources against all unauthorized access.  period for which the report shall be provided.  4.0 SYSTEM ADMINISTRATION  The Server site will only allow personnel employed by the Server Site who are assigned to administer the Motorola FLEX public safety software system to possess System Applications Administrator rights. The Server Site shall enact internal policythat prohibits System Applications Administrators from disseminating information protected by law or manipulating or altering, in any way, data within thel Motorola FLEXs system without the consent of the Standards Committee. The Server Site shall provide each Agency Head with a copy of their internal policy within By: majority vote oft the Standards Committee, an Authorized individual employed by a Connected Site may be granted System Applications Administrator rights. If an Authorized Individual is granted these rights, the employing Connected Site shall enact internal policy that prohibits the System Applications Administrator from disseminating information protected by law or manipulating or altering, in any way, data within the Motorola FLEX system without the consent of the Standards Committee. The Connected Site shall provide the Server Site and each Agency Head with a copy of their internal policy within 90 days of the date an Authorized Individual employed by that Connected Site is granted System Applications Administrator rights. Each Connected. Sitei is entitled to two Agency Administrators, in addition to its Agency Head, who will have full system access to administer the modules and features specific to the Connected Site's Motorola FLEX public safety software system. Each Agency Administrator will have full access and authorization to add, modify, and delete any data or information from the areas within the Motorola FLEX public safety software system that are specifictothe Connected  90- days of the date this agreement is executed.  Site that employees the Agency Administrator.  5.0 EQUIPMENT & CONNECTIVITY 5.1 EQUIPMENT AT THE SERVER: SITE  The! Server Site, at its own cost and expense, shall maintain the network, server(s), firewall, backup devices, etc. that run and house the data applicable to the Motorola FLEX public safety software  system.  6    5.2 SERVER CONNECTIVITY  Each party is responsible for maintaining its own internet connectivity to the Server Site.  5.3 HARDWARE MAINTENANCE  The Server Site shall, at its own cost and expense, maintain a maintenance contract, with all hardware vendors at all times, including backup generator(s) or reserved power supplies, for all hardware that supports the Motorola FLEX public safety software system. The Server Site shall  renew these hardware contracts as necessary with all involved entities.  5.4 MINIMUM END-USERHARDWARE SPECIFICATIONS  Computers (laptops or PCs) with access to the Motorola FLEX public safety software system that are owned, leased, or otherwise under the control of each Connected Site, will meet or exceed the' "minimum hardware pedfiation'establshed by Motorola, Inc. for the Motorola FLEX public  safety software system.  Each party will be responsible to maintain its own end-user hardware. 5.5 ACCESSTOMOTOROLAFIEXSYSTEMPUBLCSAFEIYSOFIWARESYSTEM  The Server Site will do everything within reason to ensure that the Connected Sites are able to access to the Motorola FLEX public safety software system 24x7x365. Should availability to the Motorola FLEX public safety software system be disrupted or terminated for any reason whatsoever, the Server Site will immediately notify the Connected Sites of the lapse in system Each party is responsible for its own access to the server. Should access tot the server lapse fora party, the individual partyi is responsible to work with appropriate parties to restore system access as soon as possible, and to further provide notification to the other parties when system  access.  availability is restored.  5.6 MOTOROLAFLEXSYSTEMPUBUCSAFETYSOFTWARE SYSTEMI NETWORKAVALABLITY The Motorola FLEXI public safety software system availability objective is 959624x7x365. 5.7 MOTOROLAFEXSSTEMI PUBLICSAFENYSOFTWARE SYSTEM NETWORK MAINTENANCE  The Motorola FLEX public safety software system and the Server Site network willl be available as  seti forth int this section with thei following exceptions: 5.7.1 SCHEDULED PREVENTATIVE MAINTENANCE  The Server Site reserves the right to schedule preventative maintenance on all systems. Preventative maintenance will be scheduled on a normal cadence. The Server Site will provide the Connected: Sites with a minimum of two weeks' notice, via electronic mail, before preventative maintenance is performed. The Server Site will attempt to minimize the  7    impactst to the Connected Sites while preventative maintenance is being performed. All parties agree and acknowledge that scheduled preventative maintenance may result in loss of service to thei Motorola FLEX publicsafety: software system for a period oft time.  5.7.2 SOFTWAEANDHAEDWANE UPGRADESORI MODIFICATIONS  If upgrades, additional modules, or new hardware are determined necessary and acceptable by all parties, the Server Site will determine the most appropriate time for Software and hardware upgrades or modifications differ from normally scheduled maintenance, ini that the Motorolal FLEXP publicsafetysoftware system mayl be unavailable for duration of the upgrade, which conceivably may be 24-hours or longer. The Server Site will provide the Connected Sites with a minimum of one month's notice, via electronic mail, before software or hardware upgrades or modifications are performed. The Server Site will attempt to minimize the impacts to the Connected Sites while software or hardware upgrades or modifications are being performed.  scheduled modifications to minimize the impact to all parties.  5.7.3 EMERGENC/ANTENANCE  The Server Site will coordinate emergency maintenance with the Connected Sites  whenever necessaryand possible.  5.8 SERVER SITE INFORMATION ECHNOLOGYSUPPORT  The Server Site's Information Technology Department will provide 24x7x365 support for system For Low Priority Issues, the Connected Site's designated Standards Committee Member should submit a service ticket to the Server Site's Information Technology Department via the Server Site's automated ticketing system. The Server Site shall use its best efforts to resolve any Low Priority Issues within 72 (seventy-two) hours after beingi informed of such issue. For High priority issues that arise during business hours, Connected Site's supervisors should contact the Dare County Sheriff's Office Communications Director by telephone. The Server Site shall use its best efforts to resolve any High Priority Issues within 8 (eight) hours after being informed of such issue. The Server Site shall use its best efforts to resolve any High Priority Issue For High priority issues that arise outside business hours, Connected Site's supervisors shouldcall the 9-1-1 Communication Center at 252-473-3444 and report the issue tot the on-duty supervisor. The on-duty supervisor will make the appropriate notification to the on-call System Applications  servers that support the Motorola FLEX public safety software system.  within 24 (twenty-four) hours after beingi informed of such issue.  Administrator from the Server Site's Information Technology Department.  8    5.8.1 SERVICETICKETING  The Server Site will use an automated ticketing system to accept, process, assign a priority level (i.e., Low, Medium, or High) and log the resolution of Motorola FLEX public safety software system issues, regardless of whether such issues are reported by emall the Server Sites automated ticketing system or telephone, as set forth in Section 5.8, above. When a support ticket is entered, the automated ticketing system will route the servicetickettothel Dare CountySherffsOficeDredorofCommunications,Agency, Heads, Agency Administrators, and the system administrators assigned to administer the Motorola FLEX public safety software system. The Server Site shall also ensure that all Agency Administrators and the Standards Committee shall alsoreceive confirmation dthe  issue submission and an explanation of the service ticket resolution.  5.9 MOTOROLAINFORMATON TECHNOLOGYSUPPORT  The Server Site will ensure that Agency Heads,Agency Administrators, and the IT Contractor in Good Standing at each Connected Site are authorized to contact Motorola technical support via telephone or online portali to obtain technical support related to thet functionality of programs and  modules within the Motorola FLEX public safety software system.  5.10 CONFIGURATIONI MANAGEMENT  All configuration changes toi the Motorola FLEX publicsafety: software: system willl be made by the Requests for configuration changes to the Motorola FLEX public csafetys software system from the Connected Sites may come fromi the Connected Site's designated Standards Committee Member, The Server Site shall not to perform any configuration changes toi the Motorola FLEX public safety software system server(s), with the exception of configuration changes to the Motorola FLEX CAD or Jail modules, the without majority consent from the Standards Committee. Ifachangei isan Motorola FEXpubicsaitelysplemsotemiofwareorharwart upgrade, modification, or configuration affecting all parties, refer to subsection 5.7.21 for the notification requirement. Connected Sitesshall not perform any configuration changes tot the Server Site's hardware.  Server Site in coordination with the Connected Sites.  or the Agency Administrator.  5.11 DISASTER RECOVERY, BACKUP, & ARCHIVING  The Server Site's is responsible for ensuring full nightly backups are completed successfully. In addition to nightly backups, the Server Site will ensure that disaster recovery procedures are h place and current in orderto accommodates system failures, infrastructurefalures, etc. sot thatthe Motorola FLEX public csafety software system will be accessible from the secondary data center. The Server Site shall enact an internal data breech policy and an IT disaster recovery plan. The Server Site shall provide each Agency Head with copies of these documents within 90-days of the The Server Site, in cooperation with all Connected Sites, shall coordinate and execute a planned  date this Agreement is executed.  9    fail-over tot the secondary data center on a quarterly basis. The Server Site shall provide to Agency Heads, in writing, documentation of the testing and the outcome of said testing.  6.0 TERMS OF CONTRACT  6.1 TERMINATONOFMOTOROLAFIEXUCENSE OR SUPPORTAGREEMENT  Ifa any party should terminate its Motorola FLEX public safety software system license or support contract with Motorola Inc., the party will provide written notice to the other parties at least 30 days prior to the contractstermination. Upon such termination, said party shall no longer be a party to this Agreement, but this Agreement shall remain in full force and effect as to the Any party mayt terminate its status asap partytothis Agreement upon at least sixty(60) dayswritten notice to the other parties. Upon such termination, said party shall no longer be a party to this Agreement, but this Agreement shall remain ini fulli force and effect as to the other parties. The party maintaining the license or support contract with Motorola FLEX reserves the right to keepi its own license and/or support contract with the vendor as well as all system data belonging At such time as the Motorola FLEX public safety system software is no longer used by the parties andi is replaced with any other software, Dare County, ati its own expense, shall be responsible for migrating all datai from the Motorola FLEX public safety system software to the new software. 6.2 TERMINATION OF INTERLOCAL AGREEMENT BETWEEN SERVER SITE AND CONNECTED SITE This Agreement may be terminated upon mutual agreement of all parties by providing written notice ofs such termination. Termination willl be effective on the date stated int the notice so long as the notice is properly given at least 120 days prior to such date. This Agreement may! be immediately terminated without notice upon an event of default. Should an event of default occur,t there will be 10 business days allowed for the defaulting party to remedy the situation prior to Agreement termination. Events of default include but are not limited to thei following: a) One party uses data or gives someone access to data from the Motorola FLEX public safetysystem software in a manner that is inconsistent with this Agreement. b) Unauthorized copying of data entered into the Motorola FLEX public safety system c) The Agreement is determined to be in conflict with Federal or state law, or Town resolutions, or ordinances which are in effect at the time of this Agreement or may be imposedi int the future and such conflict cannot be remedied byt the Standards Committee. d) One party sells, gives, leases, or loans access to the screens of the data contained in the Motorola FLEX public safety system software to any person other than an Authorized Individuals, Agency Administrators, and System Applications Administrators without the e) One party allows access tot the screens of the data contained ini the Motorola FLEX public safety system software to be used as a list of individuals for commercial purposes. One party allows the connection, directly or indirectly, of a computer network that can access the Motorola FLEX public safety system software when the connecting person or entity is outside of the Server Site's or the Connected Site's control.  other parties.  to the party.  software.  express written approval of the other parties.  10    6.3 DATAI MIGRATION  Upon the termination of this Agreement as to any one or all of the parties, each party whose status as a party tot this Agreement is being terminated shall have the right, within 120 days after said termination, to have its data migrated from the Motorola FLEX public safety system software that is governed by this Agreement to the terminated party's own software system. Dare County and the Server Site shall assist and cooperate, at their own cost, with this data migration.  6.4 LIMITATION OF LIABILITY  Thei information supplied by the Server Site or by any Connected Site described herein is provided The obligations of each party and the rights and remedies of each party set forth int this Agreement are exclusive andi in substitution for allt the warranties, obligations, and liabilities oft the applicable All concerns will be brought forth to the Standards Committee and if required, escalated to the appropriate governing authority. If any legal action is required it will be resolved, if possible, through North Carolina mediation rules. The parties would ber responsible fort their own costs and  on an' "as is" basis "with all faults."  party.  split any mediation fees equally.  6.5 REPLACEMENT OFF PRIOR INTERLOCAL: AGREEMENTS  Dare County and the Town of Duck enteredi intoac certain Interlocal Agreement on or about Dec. 19, 2022 regarding the Motorola FLEX public safety software project (the "Duck Agreement"). Dare County and the Town of Southern Shores entered into a certain Interlocal Agreement onor about Dec. 19, 2022 regarding the Motorola FLEX public safety software project (the "Southern Shores Agreement"). Dare County and the Town of Nags Head entered into a certain Interlocal Agreement on or about Dec. 19, 2022 regarding thel Motorola FLEX public safety software project (the "Nags Head Agreement"). Dare County and the Town of Kity Hawk entered into a certain Interlocal Agreement on or about Dec. 20, 2022 regarding the Motorola FLEX public safety software project (the "Kity Hawk Agreement"). Dare County and the Town of Kill Devil Hills entered into a certain Interlocal Agreement on or about Dec. 20, 2022 regarding the Motorola AEXpubicsaletysofware eproject (the "KillDevil Hills Agreement"). Dare Countyand the Town of Manteo entered into a certain Interlocal Agreement regarding the Motorola FLEX public safety software project (the "Manteo Agreement"). This Agreement is intended to, and shall, replace the Duck Agreement, Southern Shores Agreement, Nags Head Agreement, Kity Hawk Agreement, Kill Devil Hills Agreement, andI Manteo Agreement (collectively, the' "Prior Agreements). Uponthe execution of this Agreement by all parties, the Prior Agreements shall become null and void and  of not force or effect and shall be replaced in their entirety by this Agreement.  7.0 ACCEPTANCE  The governing! boards of Dare Countyandi thel Towno ofSouthern Shores, Town of Nags Head, Town of Kitty Hawk, Town of Kill Devil Hills, Town of Duck, and Town of Manteo hereby mutually  acknowledge and accept the terms and conditions of this Agreement.  11    Dare By: Name A Robert L.Outien mGtmmp/Aan Date: G1S174 Town of Southern Shores:  Townof Nags Head: By: Name: Title: Date:  By: Name: Title: Date: Town of Duck: By: Name: Title: Date: Town ofManteo: By: Name: Title: Date:  Town of Kity Hawk: By: Name: Title: Date:  Town of Kill Devil Hills By: Name: Title: Date:  [signatures continued ont the following pages]  12    The undersigned hereby agrees to become bound by, andl byi its signature shall become bound by, the provisions of the Agreement applicable tot the Server Site and the Dare County Sherriff's Office. Dare County Sherriff's Office:  By: Name: Title: Date:  Each of the undersigned hereby agrees to become bound by, and by its signature shall become bound by, the provisions oft the Agreement applicable toi it as a Connected Site and as an Agency Head. TownofSouthern Shores Police Department:  By: Name: Title: Date:  Town nofDuckPolicel Department:  By: Name:_ Title: Date:  TownofManteo Police Department:  By: Name: Title: Date:  [signatures continued on the following page]  13    Town of Nags Head Police Department:  By: Name: Title: Date:  Town of KityHawk Police Department:  By: Name: Title: Date:  Town of Kill DevilHills Police Department:  By: Name: Title: Date:  14    St  AGENDA ITEM # Consent  DATE: July1,2024  SUBMITTED BY: Finance Director  SUBJECT: Audit contract fiscal year end June 30, 2024  REF: Annual contract with Johnson, Mizelle Straub & Consolvo, LLP  BACKGROUND:  The Town ofl Kitty Hawk contracted the audit services for a fee of$24,000  DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item        JOHNSON  MIZELLE,  Partners:  Richard B. Mizelle, Jr., CPA Richard D. Straub, CPA,PC George C. Consolvo, CPA  STRAUBACONSOLYOU CERTIFIED PUBLIC ACCOUNTANTS  June 18, 2024  Members ofthe Town Council Town of Kitty Hawk Post Office Box 549 Kitty Hawk, North Carolina 27949 Hawk for the year ended June 30, 2024. Audit Scope and Objectives  We are pleased to confirm our understanding oft the services we are toj provide the' Town ofk Kitty  We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information including the disclosures, which collectively comprise the basic financial statements, of1 the' Town of Kitty Hawk as of and for the year ended June 30, 2024. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the Town of Kitty Hawk'sl basic financial statements. Such information, although not aj part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part ofour engagement, we will apply certain limited procedures to the' Town of) Kitty Hawk's RSIi in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist ofi inquiries of management regarding the methods of preparing thei information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because thel limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSIi is required by GAAP and willl be subjected to certain limited procedures, but will not be audited:  1. Management'sl Discussion and Analysis  2. Local Government Employee's! Retirement System' 's Schedules of the Proportionate Share oft the! Net Pension Asset (Liability) and Contributions 3. Law. Enforcement Officers' Special Separation Allowance Schedules The objectives of our audit are to obtain reasonable assurance about whether the: financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor's report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP. Reasonable assurance isa  MEMBERS OF AICPAAND NCACPA  pb: 252.261.2333 A252.261.0414- Post Office Box 2229, 40161 N. Croatan Highway, Kitty Hawk, NC: 27949 . outerbaunlsaccounting.on    Town of Kitty Hawk Page Two  high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government. Auditing Standards will always detect a material misstatement when ite exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually ori in the aggregate, they would influence the judgment ofa reasonable user made based on the financial The objectives also include reporting on internal control. over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have ai material effect on the financial statements in accordance with Government Auditing  statements.  Standards.  Auditor's Responsibilities for the Audit of thel Financial Statements  We will conduct our audit in accordance with GAAS and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records ofTown ofKitty Hawk and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in ai manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are: free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations oflaws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalfoft the government. Because the determination of waste and abuse is subjective, Government. Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable Because ofthe inherent limitations of an audit, combined with thei inherent limitations ofinternal control, and because we will not perform a detailed examination of alli transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations oflaws or governmental regulations that do not have a direct and material effect on the financial statements. However, we willi inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations ofl laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for  and maintain professional skepticism throughout the audit.  assurance of detecting waste or abuse.  which we are not engaged as auditors.    Town of Kitty Hawk Page Three  We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered int the aggregate, that raise substantial doubt about the government's ability to Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests ofthe physical existence ofinventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from Wel have identified the following significant risk(s) ofmaterial misstatement as part of our audit  continue as a going conçern for ai reasonable period oftime.  your attomeys as part oft the engagement.  planning:  Revenue may bei improperly recognized.  Wei may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security ofyour information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality ofyour personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we willi take reasonable precautions to determine that they have appropriate procedures in placet to prevent the unauthorized release ofyour confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked toj provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service Our audit of financial statements does not relieve you of your responsibilities.  providers.  Audit Procedures- Internal Controls  We will obtain an understanding oft the government and its environment, including the system of internal control, sufficient toi identify and assess the risks of material misstatement oft the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate toj provide al basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the: financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The: risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override ofinternal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit,    Town of Kitty Hawk Page Four  we will communicate to management and those charged with governance internal control: related matters that are required to be communicated under. AICPA professional standards, Government  Auditing Standards, and the Uniform Guidance. Audit Procedures Compliance  As] part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests ofthe Town ofl Kitty Hawk's compliance with provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government  Auditing Standards.  Responsibilities ofManagement for the Financial Statements  Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are: free from material misstatement, whether due toi fraud or error, and for evaluating and monitoring ongoing activities toh help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable. and properly reported. Management is also responsible fori implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation oft the financial statements, and all accompanying information in conformity with accountingp principles generally accepted in the United States of America, and for compliance with applicable laws and You are also responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification ofall related parties and all related-party relationships and transactions, and other matters; (2) additional information that wei may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine itr necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; compliance with laws, Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the management representation letter that the effects of any uncorrected: misstatements aggregated by us during the current engagement andj pertaining to the latest period presented arei immaterial, both individually and in the aggregate, to the financial  regulations and the provisions of contracts and grant agreements.  regulations, contracts, and grant agreements; and related matters.  statements of each opinion unit taken as a whole.    Town of Kitty Hawk Page Five  You are responsible fort the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles ini internal control, and (3) others where the fraud could have ai material effect on the financial statements. Your responsibilities includei informing us ofyour knowledge of any allegations of fraud or suspected fraud affecting the government: received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to: remedy fraud and noncompliance with provisions of You are responsible for the preparation ofthe supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles (GAAP). You agree to include our report ont the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree toi include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1): you are responsible for thej presentation of the supplementary information in accordance with GAAP;(2): you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP;(3)1 the methods of measurement or presentation have not changed from those used ini the prior period (or, ifthey have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary Management is responsible for establishing and maintaining a process fori tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management' 's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for thei report, and for the timing and format for providing that information.  laws, regulations, contracts, and grant agreements that we report.  information.  Engagement Administration, Fees, and Other  We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the Town; however, management is responsible for distribution oft the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available The audit documentation for this engagement ist thej property of. Johnson, Mizelle, Straub, & Convolvo, LLP and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon  for public inspection.    Town ofl Kitty Hawk Page Six  request and in a timely manner to the Local Government Commission or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes ofa quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. Ifrequested, access to such audit documentation will be provided under the supervision of Johnson, Mizelle, Straub, & Consolvo, LLP personnel. Furthermore, upon request, we: may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by thel Local Government Commission. Ifweare aware that ai federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying Richard D. Straub is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our Our fee for these services will $24,000.00. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended ifyour account becomes 30 days or more overdue and may not be resumed until your account is paid in full. Ifwe elect to terminate our services for nonpayment, our engagement willl be deemed to have been completed upon written notification of termination, eveni if wel have not çompleted our reports. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above feei is based on anticipated cooperation from you personnel and the assumption that unexpected circumstances will not be encountered during the engagement. Ifsignificant additional time is necessary, we will keep you informed of any problems we encounter and our  the audit documentation.  audit on approximately August 1,2024.  fees will be adjusted accordingly.  Reporting  We will issue written reports upon completion of our audit. Our reports will be addressed to members of the Town Council oft the Town of] Kitty) Hawk. Circumstances may arise in which our report may differ from its expected: form and content based on the results of our audit, Depending on the nature oft these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor'sreport, or ifnecessary, withdraw from this engagement. Ifour opinions are other than unmodified, we will discuss thei reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to: form or have not formed opinions, we may decline to express We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions oflaws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government, Auditing Standards. The report on internal control and on compliance  opinions or issue reports, or we: may withdraw from this engagement.    Town of Kitty Hawk Page Seven  and other matters will state that (1) the purpose of thei report is solely to describe the scope of testing ofi internal control and compliance and the results oft that testing, and not toj provide an opinion on the effectiveness of the entity'si internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government. Auditing Standards in considering the entity'sinternal control and compliance. The report will also state that the report is not suitable for any other purpose. Ifduring our audit we become aware that the Town ofE Kitty Hawk is subject to an audit requirement that is not encompassed in the terms ofthis engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or We appreciate the opportunity to be ofs service to the' Town of Kitty Hawk and believe this letter accurately summarizes the significant terms of our engagement. Ifyou have any questions, please let us know. Ifyou: agree with the terms of our engagement as described in this letter,  contractual requirements.  please sign the attached copy and return it to us.  Very truly yours,  Johnson, Mizelle, Straub st Consolvo, LLP JOHNSON, MIZELLE, STRAUB, & CONSOLVO,LLP  Certified! Public Accountants RESPONSE:  This letter correctly sets forth thçunderstanding ofthTown ofKitty Hawk.  Management signature: Title: Toun Date:  zhn    Governance signature: Title: Date:    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  The Governing Board Town Council of Primary Government Unit Town of Kitty Hawk  and Discretely Presented Component Unit (DPCU) (f applicable)  Primary Govemment Unit, together with DPCU |(fapplicable), hereinafter referred to as Govemmental Unit(s)  and Auditor Name Auditor Address  Johnson, Mizelle, Straub, & Consolvo, LLP P.O. Box 2229, Kitty Hawk, NC2 27949 Hereinafter referred to as Auditor  for Fiscal Year Ending 06/30/24  Date Audit Willl Be Submitted tol LGC Must be within four months OfFYE  10/31/24  hereby agree as follows:  1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUS, each major governmental and enterprise fund, and the aggregate remaining fund information (non- major government and enterprise funds, the internal service fund type, and the fiduciary fund types). The basic financial statements shall include budgetary comparison information in al budgetary comparison statement, rather than as RSI, for the General Fund and any annually budgeted Special Revenue funds. Ataminimum, the Auditor shall conduct the audit and render the report in accordance with GAAS. The Auditor shall perform the audit in accordance with Government. Auditing Standards (GAGAS) if the Governmental Unit expended $100,000 or more in combined Federal and State financial assistance during the reporting period. The auditor shall perform a Single Audit if required by Title 2US Code of Federal Regulations Part 200 Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F(Uniform Guidance) or the State Single Audit Implementation Act. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires a federal single audit in accordance with the Uniform Guidance ($200.501), itis recommended that the Auditor and Governmental Unit(s)j jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance ($200.512).  2.  Effective for audits of fiscal years beginning on or after. June 30, 2023, the LGC will allow auditors to consider whether a unit qualifies as a State low-risk auditee based upon federal criteria in the Uniform Guidance $200.520(a), and (b) through (e) as it applies to State awards. In addition to the federal criteria in the Uniform Guidance, audits must have been submitted timely to the LGC. Ifi in the reporting year, or in either of the two previous years, the unit reported a Financial Performance Indicator of Concern that the audit was late, then  Page 1    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  the report was not submitted timely for State low-risk auditee status. Please refer to Discussion of Single Ift the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board). 3. Ifan entity is determined to be a component of another government as defined by the group audit standards, the entity's auditor shall make a good faith effort to comply in at timely manner with the requests of 4. This contract contemplates an unmodified opinion being rendered. Ifduring the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC Staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final.report is issued. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully 5. Ifthis audit engagement is subject to the standards for audit as defined in Govemment Auditing Standards, 2018 revision, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/shehas met the requirements for a peer review and continuing education as specified in Government Auditing Standards. The Auditor agrees to provide a copy of the most recent peer review report to the Govemmental Unit(s) and the Secretary of the LGC prior to the execution of an audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC fora If the audit engagement is not subject to Govemment Auditing Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this 6. Itis agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted to LGC Staff within four months of fiscal year end. Ifit becomes necessary to amend the audit fee or the date that the audit report will be submitted to the LGC, an amended contract along with a written 7. Itis agreed that GAAS include a review of the Governmental Unit's (Units') systems of internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement That written report shall include all matters defined as "significant deficiencies and material weaknesses" in AU-C265 of the AICPA Professional Standards (Clarified). The Auditor shall file a copy of that For GAAS or Government Auditing Standards audits, if an auditor issues an AU-C $260 report, commonly referred to as Governance Letter," LGC staff does not require the report to be submitted unless the auditor cites significant findings or issues from the audit, as defined in AU-C $260.12-.14. This would include issues such as difficulties encountered during the audit, significant or unusual transactions, uncorrected misstatements, matters that are difficult or contentious reviewed with those charged with govemance, and other significant matters. If matters identified during the audit were required to be reported as described in AU-C $260.12-.14 and were communicated in a method other than an AU-C $260 letter, the written  Audits in North Carolina" on the LGC's website for more information.  the group auditor in accordance with AU-6 $600.41 -S $600.42.  explained in an attachment to this contract.  peer review analysis that may result in additional contractual requirements.  contract or in an amendment.  explanation of the change shall be submitted to the Secretary of the LGC for approval.  report with the Secretary of the LGC.  documentation must be submitted.    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  8. All local government and public authority contracts for audit or audit-related work require the approval of the Secretary oft the LGC. This includes annual or special audits, agreed upon procedures related toi internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's records for audit, financial statement preparation, any finance-related investigations, or any other audit- related work in the State of North Carolina. Approval is also required for the Alternative Compliance Examination expenditures as allowed by US Treasury. Approval is not required on audit contracts and invoices for 9. Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. This also includes any progress billings [G.S. 159-34 and 115C-447). All invoices for audit work shall be submitted in PDF format to the Secretary oft the LGC for approval. the invoice marked 'approved' with approval date shall be returned to the Auditor to present to the Governmental Unit(s) for payment. This paragraph is not applicable to contracts for audits 10. Inc consideration of the satisfactory performance of the provisions oft this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary of the LGC if required, the fee, which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. This does not include fees for any pre-issuance reviews that may be required by the NC Association of CPAS (NCACPA) Peer Review Committee or NC State 11. If the Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC Staff, either in the notes to the audited financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC Staff simultaneously with the Governmental Unit's (Units') audited financial statements any other bond compliance statements or additional reports required by the authorizing bond documents, unless otherwise specified in the 12. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, the following information: (a) Management's Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required fort full disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor shall furnish the 13. Ifthe audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC tol have a pre-issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shal! be performed prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shall accompany the  Engagement for auditing the Coronavirus State and Local Fiscal Recovery Funds system improvements and similar services of a non-auditing nature.  of hospitals.  Board of CPA Examiners (see Item 13).  bond documents.  required number of copies of the report of audit to the Governing Board uponcompletion.  audit report upon submission to LGC Staff.  Page 3    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  14. Thé Auditor shall submit the report of audit in PDF format to LGC Staff. For audits of units other than hospitals, the audit report should be submitted when (or prior to) submitting the final invoice for services rendered. The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copyi int the offices oft the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary of the LGC. These audited financial statements, excluding the Auditors' opinion, may be used in the preparation of official statements for debt offerings by municipal bond rating services to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and for other lawful purposes of the Governmental Unit(s) without requiring consent of the Auditor. Ift the LGC Staff determines that corrections need to be made to the Governmental Unit's (Units') financial statements and/ or the compliance section, those corrections shall be provided within three business days of notification unless 15. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval by the Secretary of the LGC, this contract may be modified or amended to include the increased time, compensation, 16. If an approved contract needs to be modified or amended for any reason, the change shall be made in writing and pre-audited if the change includes a change in audit fee (pre-audit requirement does not apply to hospitals). This amended contract shall be completed in full, including a written explanation of the change, signed and dated by all original parties to the contract. It shall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC. 17. Acopy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit(s), shall be attached tot this contract, and except for fees, work, and terms not related to audit services, shall be incorporated by reference as if fully set forth herein as part of this contract. In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this contract shall take precedence. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 30 of this contract. Engagement letters containing 18. Special provisions should be limited. Please list any special provisions in an attachment. 19. A separate contract should not be made for each division to be audited or report to be submitted. Ifa DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and as separate audit report is issued, a separate audit contract is required. If a separate report is not to be issued and the DPCU is included in the primary govemment audit, the DPCU shall be named along with the primary govemment on this audit contract. DPCU Board approval date, signatures from the DPCU Board chairman and 20. The contract shall be executed, pre-audited (pre-audit requirement does not apply to hospitals), and physically signed by all parties including Govemmental Unit(s) and the Auditor, then submitted in PDF format to 21. The contract is not valid until it is approved by the Secretary of the LGC. The staff of the LGC shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the 22. Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners' Retention of Client Records Rule 21 NCAC 08N .0305 as it relates to the provision of audit and other attest services, as well as non-attest services. Clients and former clients should be familiar with the requirements of this rule prior to  another deadline is agreed to by LGC Staff.  or both as may be agreed upon by the Governing Board and the Auditor.  indemnification clauses shall not be accepted by LGC Staff.  finance officer also shall be included on this contract.  the Secretary of thel LGC. contract is approved.  requesting the return of records.  Page 4    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  23. This contract may be terminated at any time by mutual consent and agreement of the Governmental Unit(s) and the Auditor, provided that (a) the consent to terminate is in writing and signed by both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c)no 24. The Governmental Unit's (Units') failure or forbearance to enforce, or waiver of, any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or 25. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved 26. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of 27. Applicable to audits with fiscal year ends of June 30, 2020 and later. For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct and Government Auditing Standards, 2018 Revision (as applicable). Financial statement preparation assistance shall be deemed a "significant threat" requiring the Auditor to apply safeguards sufficient to reduce the threat to an acceptable level. If the Auditor cannot reduce the threats to an acceptable level, the Auditor cannot complete the audit. If the Auditor is able to reduce the threats to an acceptable level, the documentation of this determination, including the safeguards applied, must be included in the audit workpapers. All non-attest service(s) being performed by the Auditor that are necessary to perform the audit must be identified and included in this contract. The Governmental Unit shall designate an individual with the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the services and accept responsibility for the results of the services performed. If the Auditor is able to identify an individual with the appropriate SKE, s/he must document and include int the audit workpapers how he/she reached that conclusion. Ift the Auditor determines that an individual with the appropriate SKE cannot be identified, the Auditor cannot perform both the non-attest service(s) and the audit. See "Fees for Audit Services" page of this contract to disclose the 28. Applicable to audits with fiscal year ends of June 30, 2021 and later. The auditor shall present the audited financial statements including any compliance reports to the government unit's governing body or audit committee in an official meeting in open session as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary. The auditor's presentation to the goverment unit's governing body or audit committee shall include: a) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related to the internal controls or fiscal health of the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing c) the values of Financial Performance Indicators based on information presented in the audited d) notification to the governing body that the governing body shall develop a' "Response to the Auditor's Findings, Recommendations, and Fiscal Matters,'lfrequired under 20 NCAC 03 .0508. 29. Information based on the audited financial statements shall be submitted to the Secretary for the purpose of identifying Financial Performance indicators and Financial Performance Indicators of Concer, See 20  termination shall be effective until approved in writing by the Secretary of the LGC.  default on any subsequent occasion or instance.  by the Secretary of the LGC. NCGS Chapter 64, Article 2.  person identified as having the appropriate SKE for the Govemmental Unit.  standards set by the Accounting Standards Board ori its successor;  b) the status of the prior year audit findings;  financial statements; and  NCAC 03 .0502(c)(6).  Page 5    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  30.All of the above paragraphs are understood and shall apply to this contract, except the following  numbered paragraphs shall be deleted (See Item 171 for clarification).  31. The process for submitting contracts, audit reports and invoices is subject to change. Auditors and units should use the submission process and instructions in effect at the time of submission. Refer to the N.C. Department of State Treasurer website at mtps.Mmwandteasurercomlsiateanskoca- govemment-finance-divsion/ocal-goverment-commsson-submitting-your-audm to the email addresses provided on the signature pages that follow.  32. All communications regarding audit contract requests for modification or official approvals will be sent 33. Modifications to the language and terms contained in this contract form (LGC-205) are not allowed.  Page 6    LGC-205  CONTRACT TO AUDIT ACCOUNTS FEES FOR AUDIT SERVICES  Rev. 11/2023  1. For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct (as applicable) and Govemment Auditing Standards,2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Auditor; contracts Financial statements were prepared by: DAuditor Govermental Unit Third Party If applicable: Individual at Governmental Unit designated to have the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the non-attest services and accept responsibility for the  presented to the LGC without this information will be not be approved.  results of these services:  Name:  Title and Unit/Company:  Email Address:  OR Not Applicable (Identification of SKE. Individual on the LGC-205 Contract is not applicable for  GAAS-only audits or audits with FYES priori to. June 30, 2020.)  2. Fees may not be included in this contract for work performed on Annual Financial Information Reports (AFIRs), Form 990s, or other services not associated with audit fees and costs. Such fees may be included in the engagement letter but may not be included in this contract or in any invoices requiring approval of the LGC. See 3. The audit fee information included in the table below for both the Primary Government Fees and the DPCU Fees (ifapplicable): should be reported as a specific dollar amount of audit fees for the year under this contract. If any language other than an amount is included here, the contract will be returned to the audit form for correction. 4. Prior to the submission of the completed audited financial report and applicable compliance reports subject to this contract, or to an amendment to this contract (if required) the Auditor may submit interim invoices for approval for services rendered under this contract to the Secretary of the LGC, not to exceed 75% of the billings fori the unit's last annual audit that was submitted to the Secretary of the LGC. All invoices for services rendered in an audit engagement as defined in 20 NCAC .0503 shall be submitted to the Commission for approval before any payment is made. Payment before approval is a violation of law. (This paragraph not applicable to contracts  Items 8 and 13 for details on other allowable and excludedfees.  and invoices associated with audits of hospitals).  Primary Government Unit  Town ofl Kitty Hawk  Audit Fee (financial and compliance if applicable) $24,000.00 Fee per Major Program (if not included above) Financial Statement Preparation (incl. notes and RSI)s AII Other Non-Attest Services TOTAL AMOUNT NOTTO EXCEED Discretely Presented Component Unit Audit Fee (financial and compliance if applicable) $ Fee per Major Program (if not included above) Financial Statement Preparation (incl. notes and RSI) $ AlI Other Non-Attest Services TOTAL AMOUNT NOT TO EXCEED  $  Additional Fees Not Included Above (if applicable):  $ $  $  Additional Fees Not Included Above (if applicable):  $ $ Page7    LGC-205  CONTRACTTO AUDIT ACCOUNTS  Rev. 11/2023  SIGNATURE PAGE AUDIT FIRM  Audit Firm*  Johnson, Mizelle, Straub, & Consolvo, LLP Authorized Firm Representative (typed or printed)*  Richard D. Straub, CPA Date* 06/18/24   Email Address* staub@outerbanksaccounting.com  GOVERNMENTAL UNIT  Governmental Unit" Town of Kitty Hawk Date Governing Board Approved Audit Contract* (Enter date in box to right) Mayor/Chairperson (typed or printed)*  Signature* Email Address*  Date  Chair of Audit Committee (typed or printed, or "NA") Signature  Date  Email Address  GOVERNMENTAL UNIT-PRE-AUDIT CERTIFICATE  Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts. This instrument has been pre-audited ini the manner required by The Local Govemment Budget and Fiscal  Control Act or by the Schooll Budget and Fiscal ControlAct.  Sum Obligated by This Transaction: kliana Mobe Date of Pre-Audit Certificate*  $24,000 1  Primary Governmental Unit Finance Officer* (ypedorpthnted Signature*  Hlicaohoekt  Email Address*  jne20.3004  Inobled Kikoucioun.net  Page 8    LGC-205  CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE-D DPCU (complete only if applicable)  Rev.11/2023  DISCRETELY PRESENTED COMPONENT UNIT  DPCU*  Date DPCU Governing Board Approved Audit Contract* (Enter date in box to right) DPCU Chairperson (typed or printed)*  Signature* Email Address*  Date*  Chair of Audit Committee (typed or printed, or "NA") Signature  -Date  Email Address  DPCU - PRE-AUDIT CERTIFICATE  Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts.  This instrument has been pre-audited. in the manneri required by The Local Govemment Budget and Fiscal  Control Act or by the School Budget and Fiscal Control Act.  Sum Obligated by this Transaction: DPCU Finance Officer (typed or printed)* Date of Pre-Audit Certificate*  $ Signature* Email Address*  Remember to print this form, and obtain all required signatures prior to submission.  PRINT  Page 9        74  TOWN  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 WWAIOMTOKEYTAMKO9  MEMORANDUM  TO:  Mayor Garriss and Members ofthe Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: July1,2024  RE:  Text Amendment: 42-1, Definitions - Accessory workforce habitation;  Accessory workforce housing  Note: A zoning text amendment decision is a legislative decision. The purpose oft thel hearing is to solicit public comment and opinion on the matter. Council may use public opinion to weigh options  and use judgement to determine what is in the best interest of the Town.  Proposal 42-1.- Definitions  Accessory use worlforce habitation means the use ofa building or portion ofa building for habitation by seasonal or year-round Outer Banks workforce as an accessory use to approved permitted or special uses within non-residential zoning districts, or as an accessory use to approved permitted or special use multi-family residential uses; short-term occupancy by any individual(s) intended for a period ofless than thirty (30) consecutive days is specifically Accessory worlforce housing means: real property improvement specifically for the purpose of housing accessory workforce habitation; housing may be within or attached to aj primary structure, or may be a separate accessory structure, within an non-residential zoning district or an approved multi-family development site; housing gross area shall not exceed ten percent (10%) ofthe approved primary use gross floor area; a dwelling unit shall not exceed 750 square feet gross area, and shall not have an occupancy of greater than two (2) persons plus a dependent of either oft the two (2) aforementioned persons; no on-site parking space shall be required provided  excluded from this definition.  for each dwelling unit. Background & Analysis  The proposed language would provide commercial property owners in Kitty Hawk with greater flexibility, providing the opportunity to develop small scale residential uses on site to provide for As an example, a commercial development that has a gross floor area of15,000 sq. ft. would be permitted up to 1,500 sq. ft. (10%of15,000 sq. ft.) to dedicate as accessory workforce! housing. As the definition caps the size oft the dwelling at ifbuilt to the maximum 750 sq. ft., this could  housing for the workforce in the area.  result in two units on the commercial site.    Text Amendment: Accessory Workforce Housing  July 1,2024 Page2  All setback and lot coverage requirements, and any other zoning requirements would still apply  tot the development.  Currently, the Town allows apartments over permitted commercial uses as a special use permit. This definition differs from that use ini that what is currently allowed as a special use permit has no size limit for the dwelling, or for the overall square footage that can be used as residential. It also requires one additional parking space per bedroom. This proposal differentiates itselfin that the dwelling is not required to be located over an existing commercial use. Instead, it could be located over, or attached laterally, or detached from the commercial structure altogether. There are also no prohibitions on short term rentals in the apartments that can be permitted as a special During the Planning Board review, discussion came up with the idea of also setting a minimum square footage for these potential units, but ultimately there were: no modifications made to the The following policies and objectives relevant to this application are stated in the CAMA Policy 3.5: Encourage affordable and workforce housing in and around Kitty Hawk. > Affordable and workforce units should bel located within or near the Invest and Improve areas > Consider adjustments in dimensional requirements and density allowances to allow for > Consider increasing allowances for small-scale attached housing (i.e. duplexes, triplexes or quadplexes) in some areas with performance design standards. (minimum lot size, buffer  use.  proposed language. Land Use Plan:  on the Future Land Use Map.  additional housing types in some zoning districts.  requirements, etc.).  Planning Board Recommendation proposed text amendment.  Ati its May 16, 2024 meeting, the Planning Boad unanimously recommended approval oft the  Town Council Recommended Action tabling of the proposed text amendment.  Action by the Town Council may include approval, denial, approval with modifications or Ifapproval of the proposed text amendment is sought, then the following motion can be used: "I move to approve the proposed text amendment to. add the definitions of'accessory use workforce habitation' and 'accessory workforce housing, to Sec. 42-1, as presented in this staff report. Town Council has found this proposal to be consistent with the Town's  adopted land use plan."    Text Amendment: Accessory Workforce Housing  July1,2024 Page3 could be used:  Should Council wish to deny the proposed text amendment to Sec 42-1, the following motion "I move to deny the proposed text amendment to Sec 42-1.Town Council finds that this proposal isi inconsistent with the Town's adopted land use plan, [insert any additional  reason(s) for denial)."        Tb  TOWN 1981 YHA MEMORANDUM  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252) 261-3552 Fax (252)261-7900 PPAIOMDONMITVDAMKOY  TO:  Mayor Garriss and Members of the Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: July1,2024  RE:  Text Amendment: 42-1, Definitions - Minimum Lot Size Sec. 42-247, 42-248, 42-249, 42-273, 42-274, 42-275  Note: A zoning text amendment decision is a legislative decision. The purpose of the hearing is to solicit public comment and opinion on the matter. Council may use public opinion to weigh options  and use. judgement to determine what is in the best interest of the Town.  Proposal 42-1-Definitions  Minimum lot size means the minimum lot area as required by the various zoning districts. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, may not be used for thei minimum lot size. All upland areas must be continuous, contiguous, and connected toi meet the minimum lot size requirements except as provided by the various zoning districts. BR-1; 42-247(d)1: The minimum lot size is 15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, and areas waterward ofthe oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area ofone and one- half(1%) acres, uplands shall not bei required to be continuous, contiguous, and connected. a.For single-family detached residences, ai minimum lot size of15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, and areas waterward oft the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area ofone and one-half(1') acres, uplands shall not bei required to be continuous, b.For duplexes, a minimum lot size of25,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State and Local Agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for1 lots comprising a minimum oftwo (2) acres, uplands shall not be required tol be continuous, contiguous, and connected. c.For multifamily dwellings, rshaepeatwA a minimum lot size of1 15,000  BR-2; 248(d)(1)The minimum lot size is as follows:  contiguous, and connected.    Text. Amendment: Minimum lot sizes  July 1,2024 Page2  square feet of uplands for the first dwelling unit and ai minimum lot size of9,520 square feet of uplands for each additional dwelling unit. Marsh and wetland areas, as determined by Federal, State and Local Agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum of one and one-half(1%) acres, uplands shall not be  required to be continuous, contiguous, and connected. BR-3; 42-249()(1)The minimum lot size is as follows:  a.For single-family detached residences, ai minimum lot size of15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, and areas waterward oft the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the: minimum lot size requirements, except that for lots comprising a minimum area of one and one-half(1%) acres, uplands shall not bei required to be continuous, b.For duplexes, a1 minimum lot size of25,000 square feet of uplands. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising ai minimum of two (2) acres, uplands shall not be required to be continuous, c.For multifamily dwellings, a minimum lot size of 15,000 square feet of uplands for the first dwelling unit and a minimum lot size of9,520 square feet of uplands for each additional dwelling unit. Marsh and wetland areas, as determined by Federal, State and Local Agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum of one and one-half(1%) acres, uplands shall not be: required to be VR-1; 42-273(d) The minimum lot size is 15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area ofone and one- half(1%) acres, uplands shall not be required to be continuous, contiguous, and connected. a.For single-family detached residences, a minimum lot size of 15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area of one and one-half(1) acres, uplands shall not be required to be continuous, b.For duplexes, ai minimum lot size of25,000 square feet foreach-aere of uplands. All upland areas must be continuous, contiguous, and connected to meet thei minimum lot size requirements, except that for lots comprising a minimum oftwo (2) acres, uplands shall not bei required to be  contiguous, and connected.  contiguous, and connected.  continuous, contiguous, and connected.  VR-2; 42-274()(1)The minimum lot size is as follows:  contiguous, and connected.  continuous, contiguous, and connected.    Text Amendment: Minimum lot sizes  July 1,2024 Page3  c.For multifamily dwellings, foreach-aere, ai minimum lot size of15,000 square feet of uplands for the first dwelling unit and ai minimum lot size ofs 9,520 square feet of uplands for each additional dwelling unit. Marsh and wetland areas, as determined by Federal, State and Local Agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to: meet the minimum lot size requirements, except that for lots comprising a minimum ofone and one-half(1%) acres, uplands shall not be required to a.For single-family detached residences, ai minimum lot size of15,000 square feet of uplands. Marsh and wetland areas, as determined by Federal, State, and Local Agency regulations, may not be used for thei minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprisinga minimum area of one and one-half(1%) acres, uplands shall not be required to be continuous, b.For duplexes, ai minimum lot size of25,000 square feet for-each-acre of uplands. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum oftwo (2) acres, uplands shall not be required to be c.Formultifamily dwellings, foreach-aere, ai minimum lot size of 15,000 square feet of uplands for the first dwelling unit and ai minimum lot size of9,520 square feet of uplands for each additional dwelling unit. Marsh and wetland areas, as determined by Federal, State and Local Agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum ofone and one-half(1%) acres, uplands shall not be required to  be continuous, contiguous, and connected.  VR-3; 42-275(d) (1)The minimum lot size is as follows:  contiguous, and connected.  continuous, contiguous, and connected.  be continuous, contiguous, and connected. Background & Analysis  Within the past 6-8: months, a text amendment was adopted that excluded any type ofv wetland from being included in: minimum lot size calculations. A subsequent text amendment was submitted, and approved, which nowi require the upland areas be "contiguous, continuous, and As was noted during public comment during both the Planning Board review and the Public Hearing for the second text amendment. Thel language as was adopted will likely have an adverse impact on wetlands ifaj property owner desires to subdivide their land. A property owner could simply take the required steps to fill wetlands to create 15,000s sq. ft. of"contiguous, continuous, The applicant has proposed language that would incentive a developer to subdivide into fewer, larger parcels, as it creates an exemption from the "contiguous, continuous, and connected" requirement if the proposed lots are greater than 1.5 acres for single-family dwellings, 2 acres for duplexes, and 1.5 acres per dwelling unit for multi-family dwellings. This could potentially  connected."  and connected" uplands prior to submitting a subdivision application.    Text Amendment: Minimum lot sizes  July1,2024 Page 4  negate the need for the developer to take on the expense of purchasing fill material, and hiring labor to do the work to fill wetlands to create the required amount of upland area. In turn, this Its should be noted that this proposal does not require that a potential developer take this route, they would still have the option of disrupting the natural landscape to create the 15,000 square foot of upland area ifthey desired to develop more, smaller lots, assuming all necessary The: following policies and objectives relevant to this application are stated in the CAMA Policy 3.1: Manage land use and development to minimize primary and secondary impacts on  would also reduce the density of the development.  permitting was done ahead oft time.  Land Use Plan:  resources and existing residents through standards for developments. Policy 3.4: Encourage residential that fits Kitty Hawk's character.  > Maintain zoning regulations that protect the character of] Kitty Hawk's neighborhoods. Policy 4.1: Encourage the preservation of maritime forest, floodplains, marshes and wetlands Atits May 16, 2024 meeting, the Planning Board voted to recommend disapproval ofthe  through development regulations and land protection initiatives.  Planning Board Recommendation proposed amendment by a vote of3-2. Town Council Recommended Action tabling of the proposed text amendment.  Action by the Town Council may include approval, denial, approval with modifications or Ifapproval ofthe proposed text amendment is sought, then the following motion can be used: "I move to approve the proposed text amendment to the definition of 'minimum lot size', Sec. 42-1, and relevant district regulations, as presented in this staff report. Town Council has found this proposal to be consistent with the' Town's adopted land use plan." Should Council wish to deny the proposed text amendment to Sec 42-1, the: following motion "I move to deny the proposed text amendment to Sec 42-1 and associated district regulations, keeping the existing definition of 'minimum lot size'. Town Council finds that this proposal is inconsistent with the Town's adopted land use plan, [insert any additional  could bei used:  justification for denial)."    7c-  TOWN 1981 HI  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252) 261-7900 APAIOMTORKIYDAMKOT9  MEMORANDUM  TO:  Mayor Garriss and Members of the Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: July1,2024  RE: Proposal  Text Amendment: 42-1, Definitions; 42-528.- Accessory dwelling units  The applicant has revised ai text amendment proposal that aims to have the following outcomes: 1)Properties in the VR-1 district that have an accessory dwelling unit on site must have a long 2)Pre-existing ADUS used for transient rentals can continue with a long term resident or homeowner in principle dwelling Non conforming properties have a grace or transition period Please note that language ini red below is language being proposed, while the text in black is  term occupant living on the subject property. too convert over aj period of one year.  existing town code. Sec. 42-1.- Definitions  Long-term tenant means a person or persons using a dwelling unit for living, sleeping, cooking,  or eating purposes for a period of31 or more continual days.  Sec. 42-528. -4 Accessory dwelling units.  (a)Accessory dwelling units may be attached (located within the principal residence) or ina a detached structure on the lot, provided requirements for lot coverage and setbacks for the district (b)Accessory dwelling units shall not bel larger than 50 percent of the living area of the primary (c)One additional off-street parking space shall be provided for the accessory dwelling unit. (d)No more than one accessory dwelling unit shall be permitted on a single residential lot. (e)Detached accessory dwelling units shall not exceed 28 feet in height, measured from finished grade, or the height of the principal dwelling on the property, whichever is lower. (f)The owner must obtain aj permit from the county environmental health department that indicates the septic system is sufficient for thei increased occupancy. Total occupants residing on the property shall not exceed the number specified by the septici improvement permit. (g)Accessory dwelling units may be used for home occupation uses, in compliance with section 42-522, but in noi instance shall more than onel home occupation be conducted or permitted on a  are: met.  residence, or 800 square feet, whichever is lesser.    Text Amendment: Accessory Dwelling Units  July1,2024 Page 2  single lot.. Additionally, the accessory dwelling unit is not permitted to used entirely for In addition to the requirements of Sec 42-528 a.-8, the following shall apply to ADU's located (h) Accessory dwelling units located ini the VR-1 zoning district shall have a long term tenant or () Properties located in the VR-1 zoning district with an existing açcessory dwelling unit as of [adoption date] and having no long term resident or owner on the subject property shall have  commercial purposes.  within the VR-1 zoning district:  owner residing in a dwelling on the subject property, as defined in Sec. 42-1.  period of12 month period to finalize conversion and compliance.  Background  Since the January 2024 Planning Board meeting, several components oft the applicants proposal have been amended and/or removed. Ifapproved, the proposed amendment would require that if an ADU: is being constructed ini the VR-1 district, the owner or other long-term resident would bei required two occupy one of the dwellings on site. Additionally, properties that are currently developed within the VR-1 district that have both the primary dwelling and ADU being used as short-term rentals would have 12 months from the date of adoption to bring the property in It should be noted that typically, when an ordinance is created that creates ai nonconforming use, rather than setting a timeframe for the use to come into compliance, that nonconforming use is "grandfathered". In other words, the use: is permitted to continue, until such a time that the property owner ceases that use for aj period of12 months. At that point, any subsequent use of the property is required to conform with the new regulations. Staffi is aware of two properties in Town that the proposed language would create existing nonconforming uses, those being 5004 Radcliffe Ct and 3729 Herbert Perry. There is a third parcel that staffi is aware ofbeing developed, that it is assumed would be used in this manner as well, at 3710 Herbert Perry. The following policies and objectives relevant to this application are stated in the CAMA Policy 3.1: Manage land use and development to minimize primary and secondary impacts on >1 Maintain zoning regulations that protect the character ofKitty Hawk's neighborhoods. > Monitor trends and reduce impacts of Accessory Dwelling Units (ADUS) and Short-term >Current regulations allow ADUS as long as lot coverage and other standards are followed. > Consider modifications to design requirements that could include additional setbacks or buffering in VR districts, especially if the unit is accessed via a separate driveway.  compliance with the proposed occupancy requirements.  Land Use Plan:  resources and existing residents through standards for developments. Policy 3.4: Encourage residential that fits Kitty Hawk's character.  Rentals (STRs) in Village Residential zoning districts.    Text Amendment: Accessory Dwelling Units  July 1,2024 Page3  Policy 3.5: Encourage affordable and workforce housing in and around Kitty Hawk. Goal 11: Encourage an adequate supply ofa affordable and workforce housing stock to serve the Policy 11.1: Evaluate targeted actions to enhance the amount ofh housing available for year- Policy 11.3: Consider incentives or other actions for keeping housing used as long-term rentals.  needs of year-round residents. round residents.  Planning Board Recommendation  concern regarding the requirement that nonconforming properties would be required to be brought into compliance within 12 months, a motion wasi made to recommend denial oft the A subsequent motion to recommend approval as proposed was made, which passed 3-2.  proposed text amendment. The: motion failed by a vote of2-3.  Town Council Recommended Action tabling of the proposed text amendment.  Action by the Town Council may include approval, denial, approval with modifications or Ifapproval oft the proposed text amendment is sought, then the following motion can be used: "I move to approve the proposed text amendment to Sec. 42-1 and 42-528 relating to ADUS within the VR-1 zoning district, as presented in this staff report. Town Council has found Should Council wish to deny the proposed text amendment to Sec 42-1, the following motion "I move to deny the proposed text amendments to Sec 42-1 and 42-528. Town Council finds that this proposal isi inconsistent with the Town's adopted land use plan, [insert any  this proposal to be consistent with the Town's adopted land use plan."  could be used:  additional reason(s) for denial)."    7d  TOWN 1981  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 OPAIOMTOIYTAMKO9  MEMORANDUM  TO:  Mayor Garriss and Members of the Town Council  FROM: Rob' Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: July1,2024  RE:  Zoning Text Amendment: 42-225, 42-247, 42-248, 42-249, 42-250, 42-251, 42-  253, 42-273, 42-274, 42-275, 42-276, 42-277, 42-278  Note: A zoning text amendment decision is a legislative decision. The purpose of the hearing ist to solicit public comment and opinion on the matter. Council may use public opinion to weigh options  and use judgement to determine what is in the best interest oft the Town.  Proposal Text ini red is proposed.  42-247.- BR-1 low density beach residential  (b) Permitted uses. The following uses shall be permitted by right:  (1) Detached single-family dwellings, not to include mobile or manufactured homes. Single family dwellings shall not have ai maximum septic capacity to serve more than 14 overnight occupants, and shall not exceed 6,000 square feet ofconditioned living space.  Background & Analysis  Kitty Hawk's recently adopted Future Land Use Plan identifies the community vision as "The Town of] Kitty Hawk is a community-focuse4, family oriented, low-key Outer Banks village that prioritizes enhancing natural resources, preserving history and improving resiliency. We strive tol balance the needs of Kitty Hawk's year-round residents and visitors while improving everyday Goal 3 in the adopted plan is to "Reinforce Kitty Hawk's unique, coastal identity and sense of community through high quality design and protection of natural and cultural resources." As we have seen in neighboring communities, the development of oversized dwellings result in large scale structures that can house 40-50 people in some cases. Kitty Hawk's scale ofincreasing side yard setbacks based on the size ofaj proposed dwelling has prevented this type of development to a large degree on our oceanside lots. However, a trend that is becoming more common is the old beach box cottage is being demolished, or relocated, and a new. house being built in its place. It is conceivable that side-by-side lot could be purchased, cottages removed, properties combined into onel large parcel and construct these large scale single-family  coastal living."  dwellings.    Text Amendment: Maximum Occupancy and dwelling size  July 1,2024 Page2  The proposed language above isi in thel BR-1 district, it would be repeated in all oft the districts that allow for single-family residences 0R1,2.BC1,2BEVVR,2.VC1,23. As noted above in Goal 3, and in the relevant policies listed below, ofthe adopted future land use plan, this type oflarge-scale, oversized single family dwelling is contrary to the character of NCGS 160D-702(b) prohibits localities from regulating building design elements, except in certain scenarios. Per 160D, the phrase "building design elements" means exterior building color; type or style of exterior cladding material; style or materials of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and types ofr rooms; and the interior layout of rooms. The phrase "building design elements" does not include any oft the following: (i) the height, bulk, orientation, orl location ofa structure on a zoning lot, (ii) the use ofbuffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or toj protect the privacy ofneighbors, or (ii) regulations adopted pursuant to this Article governing thej permitted uses ofland or structures subject to the North Carolina Residential Code for One- and Staffanalysis oft tax information of over 100 properties in town indicate that setting an upper limit of 6,000 square feet would not create any nonconforming structures as it relates to conditioned space size. There are three single-family dwellings that have occupancy greater than The following policies and objectives relevant to this application are stated in the CAMA > Maintain zoning regulations that protect the character ofKitty Hawk's neighborhoods. Continue to maintain regulations that encourage mostly single family homes to maintain the  KHW).  Kitty Hawk.  Two-Family Dwellings.  the proposed 14. Land Use Plan:  Policy 3.4: Encourage residential that fits Kitty Hawk's character.  overall residential character of] Kitty Hawk Planning Board Recommendation proposed text amendment. Town Council Recommended Action tabling oft the proposed text amendment.  Atits April 25, 2024 meeting, the Planning Board unanimously recommended approval oft the  Action by the Town Council may include approval, denial, approval with modifications or Ifapproval of the proposed text amendment is sought, then the following motion can be used: "Imove to approve the proposed text amendment to Sec 42-225, -247,-248, -249,-250,-251, 15,.73.274.375.274, ,-277,-278 relevant district regulations, as presented in this staff    Text Amendment: Maximum Occupancy and dwelling size  July1,2024 Page3  report. Town Council has found this proposal to be consistent with the Town's adopted Should Council wish to deny the proposed text amendment to Sec 42-1, the following motion "Imove to deny the proposed text amendments related to maximum dwelling size and occupancy. Town Council finds that this proposal is inconsistent with the Town'sadopted  land use plan." could be used:  land use plan, [insert any additional justification for denial)."    64  TOWN A  1981 YHA MEMORANDUM  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 WwAtOMDORKITyDAMkOY  TO:  Mayor Garriss and Members of the Town Council  FROM: Rob Testerman, AICP, CFM, CZO Director of Planning & Inspections  DATE: June27,2024  RE:  Text. Amendment: 42-414(b) Specific special uses  Note: A zoning text amendment decision is a legislative decision. Thej purpose of thel hearing is to solicit public comment and opinion on the matter. Council may use public opinion to weigh options  and use. judgement to determine what is in the best interest oft the Town. 1. Proposed language regulating mini-warehouses. 2. Map ofapproved Planned Commercial Developments 3. Supplemental information provided by applicant  Attachments:  Proposal  The applicant has proposed a text amendment to the recently adopted "mini-warehouse" special use in the Planned Commercial District overlay. The proposed amendment would increase the maximum building size for these specific uses within the PCD. The following language is i. Building(s) shall consist ofa total building footprint dedicated to mini-warehouse not to exceed 40,000 square feet. Where multi-story buildings are utilized, thei total floor area allowed on the parcel shall not exceed 40,000 square feet times the: number off floors constructed.  proposed to be added to 42-414(b):  Background  Planned Commercial Developments are intended to provide developers with an option by which they can achieve flexibility of design, the integration of mutually compatible uses, and optimum land planning with greater efficiency, convenience, and amenity than may be permitted as of right under other parts of the zoning ordinance. PCD's can be approved in within the BC-1, BC- 2, BC-3 and BH-1 zoning districts in town [42-411(d)], if certain site requirements are met. A PCD must be at least five contiguous acres in size, with not less than 500 feet of total road frontage on US Highway 158 or NC Highway 12, except that portions of the site may be Inal PCD overlay, unless otherwise specified by the PCD ordinance, the zoning regulations from  separated by public or private rights-of-way not more than 601 feet in width.  the underlying zoning district apply.    Text Amendment: 42-414(b) Specific special uses  July 1,2024 Page2 limitation:  Oft the four zoning districts that allow a PCD, the BC-1 and BC-2 district have the following size BC-1 - No use of an owner or tenant on the site shall exceed a maximum area of25,000 sq. ft. of BC-2-1 No use of an owner or tenant on the site shall exceed a maximum area of 40,000 sq. ft. of As proposed, in conjunction with the height limit of 35', a mini-warehouse located within an approved Planned Commercial Development could be constructed at a size of up to 120,000  building area as shown on the commercial site plan. building area as shown on the commercial site plan.  square feet oftotal floor area (40,000 sq. ft. footprint x 3 floors)  Consistency with Land Use Plan  The following policies and objectives relevant to this application are stated in the CAMA Land Goal 3: Reinforce Kitty Hawk's unique, coastal identity and sense of community through high Policy #3.2: Encourage commercial development at appropriate scales in areas zoned for  Use Plan:  quality design and protection of natural and cultural resources.  commercial (BC and VC)  Encourage larger scale commercial development to bel located along US 158.  Planning Board Recommendations  The Planning Board will hear this proposal at their June 27, 2024 meeting. Their recommendation will be provided to Council prior to the. July 1 meeting.  Town Council Recommended Motion  "I move to set a public hearing at the Town Council meeting on August 5, 2024 to consider the proposed text amendment to Sec 42-414(b), related to mini-warehouses within Planned  Commercial Developments."    Text Amendment: 42-414(b) Specific special uses  July 1,2024 Page3  ATTACHMENT 1. PROPOSED LANGUAGE Division 4. - Planned Commercial Development Sec. 42-414.- Permitted and special uses. (b). Specifics special uses. be subject to the following conditions:  (4). Mini-warehouse. In addition to general requirements, mini-warehouse storage facilities shall a. All storage for mini-warehouse storage facilities shall be within a completely enclosed building. Keeping, storing, or parking of any type ofmotor vehicle or equipment outdoors is prohibited. A moving truck owned by the storage facility is allowed on site to bei made available b.As street level loading areas shall be permitted as part of the storage facility, pit loading c. Storage ofhazardous and flammable materials shall not be permitted. d. Tenant identification signs and advertising signs are prohibited. All signs shall complement the exterior building design and construction. All building signage shall be e.M Mini-warehouse storage facilities shall be designed to emulate multi-family or office f.Access to thel building(s) shall be monitored by electronic security and/or facility staff at g. Mini-warehouse facilities shall not be used as a base of operations for any  to tenants for move-in and move-out only.  docks are not permitted.  consistent with Division 3 (Signs) of this chapter.  buildings. all times.  business/tenant utilizing storage space within the facility. h. Building(s) shall consist oft the following elements:  1. Buildings shall be oriented to the street, with a functional primary entrance on 2. Provide façade treatments with the greatest amount of detail and refinement at the  their façade.  street. A variety of the following features shall bei incorporated into each building façade design:  i. Color and/or texture differences iv. Peaked or articulated roof forms V. Raised corniced parapets i.E Brick or brick masonry veneer. iri. Integral colored textured concrete block. iv. Metal panel siding.  ii. Recesses or projections, including roof eave overhangs  iii. Awnings  vi. Canopies or porticos over actual pedestrian entryways 3. Primary materials shall include, but are: not limited to:  ii. Stone.  i. Building(s) shall consist ofa total building footprint dedicated to mini-warehouse not to exceed 40,000 square feet. Where multi-story buildings are utilized, the total floor area allowed on thej parcel shall not exceed 40,000 square feet times the number of floors constructed.    Text Amendment: 42-414(b) Specific special uses  July1,2024 Page 4  CD e :    TOWN 981  P.O. Box 549 Kitty Hawk, NC 27949 252-261-3552Tel. 252-261-7900 Fax  Town of Kitty Hawk 101 Veterans Memorial Dr.  Planning & Inspections Development Permit Application  Project: The Woods at Kitty Hawk Owner(s): GEG Real Estate, LLC Address: P.O. Box 3629 City, State, Zip: Kill Devil Hills, NC 27948 Phone: 252-475-0874 Email:  Location: 6100 N Croatan Hwy, Lot 7-12, Block 63, Kitty Hawk Beach, Kitty Hawk, Dare County, NC  FAX:  EodleGoodnch@vilagerealyobx.com  Authorized Agent: Gordon H Kolb, Jr Address 3920 Magazine Street City, State, Zip New Orleans, LA70115 Phone: 504-866-7300 Application Requested: Commercial Site plan [ J Sketch Plan [ ] Final Subdivision! 1 Text amendment RJ Home occupation [ ] Planned Unit Development (PUD):  FAX or Email: gordo@gnkinc.com  Commercial Site plan amendment! ] Preliminary Subdivision! ] Rezoning! 1 Conditional Use[ ]  Preapplication conference[ ] Rezoning I 1 Preliminary Plan [ ]  Final Site Plan! I ]  Planned Commercial Development (PCD):  Preapplication conference[ ] Rezoning! ] Preliminary Plan[ 1 Final Site Plan! ]  Conceptual Review [I  The undersigned requests approval of this application and certifies that all requirements set forth in the Kitty Hawk Zoning Ordinance, the Subdivision Ordinance, other appropriate ordinances, and the Land Use Plan are I, the landowner for the above listed property do hereby authorize the Town staff or any Town official to enter the  complied with in the application.  property for pyrposes ofevaluation offhis application request.  Owner:, Zgfinit Authorized Agent: hk2Rs  Contract purchaser:  Date: 05/08/2024    A request for a text amendment to modify Sec 42-414 to add criteria to clarify total building area  for ai mini-warehouse to read as follows: Division 4. - Planned Commercial Development Sec. 42-414.- Permitted and special uses. (b). Specific special uses. be subject to the following conditions:  (4). Mni-warehouse. In addition to general requirements, mini-warehouse storage facilities shall a.All storage for mini-warehouse storage facilities shall be within a completely enclosed building. Keeping, storing, or parking of any type of motor vehicle or equipment outdoors is prohibited. A moving truck owned by the storage facility is allowed on site to be made available b.A street level loading areas shall be permitted as part of the storage facility, pit loading C. Storage of] hazardous and flammable materials shall not be permitted. d. Tenant identification signs and advertising signs are prohibited. All signs shall complement the exterior building design and construction. All building signage shall be e.) Mini-warehouse storage facilities shall be designed to emulate multi-family or office f.Access to the building(s) shall be monitored by electronic security and/or facility staff at g. Mini-warehouse facilities shall not be used as a base of operations for any  to tenants for move-in and move-out only.  docks are not permitted.  consistent with Division 3 (Signs) of this chapter.  buildings. all times.  business/tenant utilizing storage space within the facility. h. Building(s) shall consist of the following elements:  1.E Buildings shall be oriented to the street, with a functional primary entrance on 2. Provide façade treatments with the greatest amount of detail and refinement at the  their façade.  street. A variety oft the following features shall be incorporated into each building façade design:  i. Color and/or texture differences iv. Peaked or articulated roof forms V. Raised corniced parapets i.E Brick or brick masonry veneer. iii. Integral colored textured concrete block. iv. Metal panel siding.  ii. Recesses or projections, including roof eave overhangs  iii. Awnings  vi. Canopies or porticos over actual pedestrian entryways 3. Primary materials shall include, but are not limited to:  ii. Stone.  i. Building(s) shall consist ofat total building footprint dedicated to mini-warehouse not to exceed 40,000 square feet. Where multi-story buildings are utilized, the total floor area allowed on the parcel shall not exceed 40,000 square feet times the number of floors constructed.    ExtraSpace Storage  2795E. Cottonwopd Parkway, Suite 300  Salt] Laké City, UT 84121  November 4, 2021  To Whom it May Concern:  Extra Spaçe Storage (EXR) is a publicly traded REIT currently operating oyer. 2,000 properties in 42 different states. EXR has been in business since 1977 and specializes in the operations and management ofs self-storage facilities nationwide. A: self storage property has relatively low foot and vehicle traffic. In our experience, a property should have between 6to 8 parking spots plus any code required ADA The average property gènèrally encounters 20 to 45 visitors a day. Most ofthese visitors will be accessing the property only and won't be parking in the designated Please feel free to réach out to me ifthere are other questions or concerns.  parking spot(s). This is sufficient for most self-storage facilities.  office parking areas.  Sincerely,  A SE Aaron Lubeck  Director, Third Party Management  extraspace.com    Kimley>Horn  TECHNICAL MEMORANDUM  To: Date:  Gordo Knob, Jr. - GHK Developments, Inc.  From: Jonâthan Guy, PE, AICP, PTOE-H Kimley-Hom Subject: Public Storage Parking Generation  December 20, 2021  Since the development of parking requirements establishment in the 1940's, many communities and cities! have required developments to provide a set number of parking spaces ont their proposed development. Many of these thresholds or parking minimums are developed using parking statistics collected by engineers and planners, which in tur is published by planning and engineering professional organizations such as thé Institute of Transportation Engineers (ITE) ITE publishes parking generation data in Parking Generation, 5th Edition for available land uses. ITE Land Use Category 151:Mini Wârehousès provides the following description for the land use: A mini warehouse is a building in which a number of storage units or vaults are. rented for the storage of good. They are typically réferred to as "self-storage" facilities, Each unit is physically separated from other units, and access is usually provided through an overhead door or other ITE Parking Generation, 5th Edition provides guidance for the calculation of parking spaces needed for thé subject land use. ITE expresses the parking generation through both ai fitted Curve equation  Parking Generation and the Urban Land Institutes (ULI)shared use parking.  common access point.  and average rate. The fitted curve equation is as follows: Ln (P)=0.85 Ln(x) +0.59 where Pand X are as follows; X=number of storage. units in 100-unit increments The average rate is expressed as 1.36 spaces per 100 units.  P= required parking  For the proposed 1,100 storage facility, ITE Parking Generation 5th Edition projects the following  parking space generation: Fitted Curve Equation: 13 spaces Average Rate: 15 spaçes  The above calculations aret for an average weekday (Monday-Friday) for the peak parking demand  within a general urban/suburban setting.  1  46610272    Kimley>>Horn  ITE Parking Generation, 5th Edition provides guidance for the Saturday peak period as well. Based on an average rate of 0.94 spaces per 100. storage units, an 1,100-unit facility would néed approximately 11 spaces during thé peak period of demand whichi is projected to bel between1p pm Based on a review of local communities around the Madison, Wisconsin area and their minimum  and 5 pm on a typical Saturday.  parking requirements for personal storage. facilities yielded the following:  Sun Prairie, Wisconsin -1 1 space for each employee on the largest work shift Stoughton, Wisconsin -1 space for each employee on the largest work shift Milwaukee, Wisconsin - no minimum parking requirements  Based on the proposed land use à minimum of 15 spaces should be provided for thé proposed  public storage facility.  2  46610272    In support of a request for at text amendment to modify. Sec 42-414 to add criteria to clarify total building areai for a mini-warehouse in al Planned Commercial Development (PCD) please accept thei following  explanation for the request.  Planned Commercial Developments are also subject to their underlaying base zoning. Fora PCDi inaBC- 2 Beach Commercial District the ordinance states within the BC-21 text that' "no use of an owner or tenant on the site shall exceed the maximum area of 40,000 square feet of building area as shown on the  commercial site plan." "  The original request for the text amendment for Sec 42-414 contemplated single story self-storage buildings accessed from open vehicular drive aisles. This type of self-storage is often seen in older  developments but is being replaced with higher quality multi-story projects.  Self-storage is a complimentary use for local residents and returning visitors. As trends in housing have called for more density in housing and housing cost rise resulting on owners focusing their budget on living spaces, self-storage has provided a cost effective way for people to store belongings more efficiently when the cost or availability of space in their home is limited. In areas where people enjoy al location as a visitor, they often rent storage units to allow them to return to vacation destinations often and have some gear or personal items tor make them feel more at home. While supporting resident needs, self storage is al low  impact use as daily trip generation is 20-45 visitors per day.  Newer multi-story self-storage developments offer advantages over older designs. The same desire for efficient land use that drives density in housing also drives self-storage. Consumer trends also now favor  more secure facilities that are climate controlled.  When facilities are designed as an integrated facility with limited points of entry in a single building there  are the following advantages:  The area of paving per storage uniti is reduced resulting in less surface runoff, higher quality  landscaping and more efficient stormwater management.    Facilities are more secure. Customers access the facility through modern access control systems with individual access codes required to open gates limiting vehicular traffic and again to enter the Customers are provided with a designated loading and unloading area with proper lighting SO that Because access tot the individual uniti is within the building, the exterior walls oft the building stay weather tight and allow for climate control that is effective unlike when unit doors are exposed to Facilities integrate better into their surroundings as a single building that can be designed with Amuti-story facility allows the building footprint to be more compact per unit maintaining larger distances to adjacent properties compared to similar single story developments. Amulti-story facility can provide more efficient land use by meeting the consumer demand within the current footprint and height limits by utlizing the full volume oft the allowed area and height. This type of higher quality project requires a more substantial initial investment and requires that a multi- story facility be constructed as the efficiency and benefits noted above come from being constructed as a  building.  they may access thet facility out of the weather.  the exterior as in older shed designs.  higher quality exteriors, landscaping and lighting.  multi-story facility.  The requested text amendment is to add language to allow for the facility to be an multi-story facility with a larger total building area within a maximum 40,000 sf footprint. This allows for an overall benefit to the community by allowing the consumer demand tol be met in al higher quality project thati is still within the  approved 40,000 sf footprint and building height limits.    %  TOWN - 1981 TYHP MEMORANDUM  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC27949  Phone (252)261-3552 Fax (252)261-7900 OPAIOMTOKIYTAMKOT  TO:  Mayor Garriss and Members of the' Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: July1,2024  RE: Proposal  Text Amendments: Lot coyeragepermeable pavement  Note: red text is proposed new language, black text is existing, strikethrough is proposed for  deletion from town code Sec 42-1.-1 Definitions  Lot coverage means ai measure oft the developed intensity of1 land use. The term "lot coverage" includes, but is not limited to, all areas covered by buildings, parkingareas, accessory structures, improved driveways, roads, sidewalks, decks and any area of concrete or asphalt. Permeable Pavememtfsepemaaepmmdasepallerelawdpensieplan appreval-by-thetewn,bythebult-upemareaBUA/ereditesiabishedipseiencs,Permeable Pavement,etthe-NCDBSHerRaterDesign-Manuallatesteditediten,eFiaprepesed-permeable pavementBUA-erei-has-metbeerassigned-by-te.NCDEQStermwater.Design-Manua,the BUAeredt-wilbeaseentmneeby-NCDBQSeRRaer-sesiemupon-evaluatien: (1)The "wet" or water area ofas swimming pool shall be exempt from the lot coverage calculations up to 500 square feet. Any pool water area in excess of5 500 square feet will  count towards lot coverage calculations. (2)1 For single-family residential applications:  (a) artificial turf, plastic turf reinforcing grids (PTRGS or geocells) shall be exempt from lot coverage calculations, provided that the materials and construction methods have been certified by a state licensed engineer to be 100 percent pervious and will remain sO for the life of the installation. (b) Uncovered open-slatted decks that allow water to penetrate through to open, pervious material shall be exempt from lot coverage calculations. (C) Gravel or loose stone used for walkways, patios or landscaping shall be  exempt from lot coverage calculations.  Lot coverage physical area means the total area of all areas physically covered by buildings, parking areas, accessory structures, driveways, roads, sidewalks, any area of concrete or asphalt including impervious areas and permeable lot eeverage-Witheutrednetien-erberbut-upon-area eredits. Lot coverage physical area shall not exceed thel limits set out in the dimensional  requirements ofe each zoning district.    Text Amendment: Lot coverage/permeable pavement  July1,2024 Page2  Permeable pavement means pedestrian or vehicular pavement materials installed, operated, maintained, tested and repaired to permit passage ofwater through the pavement, including porous concrete, porous asphalt, permeable interlocking concrete pavers, concrete grid pavers (e.g., turfstone), reinforced turf, pavement edge restraints, and other similar proven technologies. Pemmeablepavementhal-benetestham-10peremtpervouserhul-uponare-eredit-des eeverage-eredityas-esiaHShed-R.Ste-C-S,Pemmeabe-PavemenkzeftheNCDEQStermwater Desiga-Mansaylakesteditien,er All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition); for permeable pavement not evaluated by the NC DEQ Stormwater Design Permeable pavement confinement means concrete, timber, corrosion resistant metal, or other pavement perimeter confinement means approved by the town to retain permeable pavement (other than permeable concrete or permeable asphalt) within approved site plan limits. Permeable pavement failure means aj permeable pavement condition at any time after installation that cannot be, or is not, promptly corrected and restored to the condition and performance represented for the permeable pavement at the time ofTown of Kitty Hawk approval and initial Permeable pavement operation, maintenance, testing and repair means operation, maintenance, testing in accordance with North Carolina State University Simplified Infiltration Test, and repair as appropriate ofaj permeable pavement installation in accordance with recommendations and requirements oft the permeable pavement manufacturer, supplier, or trade association; the NC DEQ Stormwater Design Manual; and/or the Town of Kitty Hawk approval. Testing shall be required for all permeable pavement installations unless such requirement is waived by the' Town ofKitty Hawk. Testing shall be executed at least annually commencing with the date of the certificate of occupancy for the facility being served by the permeable pavement, and test results shall be provided to the Town ofl Kitty Hawk within 30 days of execution. Permeable pavement  Manual, as confirmed by NCI DEQ Stormwater Section upon evaluation.  installation.  repairs, as appropriate, shall be completed promptly.  Residential Zones:  The maximum allowable lot coverage by principal use and all accessory structures is 30 percent. Maximum lot coverage physical area of38 percent, provided that any lot coverage physical area in excess of30 percent is comprised of permeable pavement. Permeable pavement failure shall require that the failed permeable pavement is removed and replaced by a pavement meeting the definition ofpermeable pavement herein with design pavement performance equal to, or better The maximum allowable lot coverage by principal use and all accessory structures is 60 percent. seetpermmeabepavementhaalowa mMaximum lot coverage physical area of72 percent, provided that any lot coverage physical area in excess of 60 percent is comprised of permeable pavement. Permeable pavement failure shall require that the failed permeable pavement is removed and replaced by a pavement meeting the definition of permeable pavement herein with design pavement performance equal to, or better than, the represented performance ofthe  than, the represented performance of the approved pavement.  Commercial Zones:  approved pavement.    Text. Amendment: Lot coveragepermeable pavement  July 1,2024 Page3  Background & Analysis  The first change proposed specifies that improved parking areas and driveway will be counted as lot coverage. As currently written, and as has been inj practice, an unimproved driveway/parking area counts towards lot coverage calculations the same as a concrete driveway. This requires an owner who has no intention of paving a driveway to indicate an area on their survey to be the driveway and parking area, which is then calculated as lot coverage, even when it remains The portion of the definition ofl lot coverage that is proposed for deletion is done sO to simplify the language. Asi is currently written, it states that permeable pavement lot coverage shall be reduced by the BUA credit int the stormwater manual, however, thel lot coverage language itself in the various commercial zoning districts do not mention any lot coverage reduction, but rather The next proposed addition to the definition ofl lot coverage identifies additional items that are either a) currently counted as lot coverage; or b) not addressed in the current language. Attached to this staff report are examples oft the alternative ground cover materials that are referenced in (2). Staffhas proposed to allow uncovered and open slatted decks that allow water to penetrate through to open ground to be exempted from lot coverage. Ifthe ground under the deck remains open and pervious, the rainwater is still infiltrating in that vicinity, and it is not acting as an impervious surface. This change would also align the town regulations with that oft the NC The proposed amendment to the definition of permeable pavement is aimed at simplifying the Finally, the proposed amendment that would apply to all residential development, would allow for additional covered area in situations when permeable pavement, as defined, is used. Itis staffs opinion that the Town should be encouraging homeowners to use: more permeable materials, in an effort to retain stormwater on their ownj properties, rather than deflecting it off with standard impermeable materials. Often these permeable concrete materials can be more expensive that standard concrete, SO allowing for additional covered area can be viewed as an Previously, there has been concern that permeable materials in residential uses would not be properly maintained, and it would eventually act as impervious surfaces. There is language in the proposal (and in the existing language for commercial uses) that would: require permeable pavement to bei removed and replaced in the event of failure. This would bel handled as would any other zoning violation. Once a complaint is lodged, the Code Enforcement Officer would investigate, and should that investigation indicate the permeable pavement was no longer  natural and unimproved.  a "bonus" covered area for using permeable pavement.  DEQ.  existing definition, and tol keep it consistent with current standards.  incentive for the owner.  functioning as designed, the zoning violation process would begin.    Text Amendment: Lot coveragepermeable pavement  July 1,2024 Page4 Duck  Practices of neighboring towns  LOTCOVERAGE. That portion oft thel lot area, expressed as aj percentage, that is occupied and obstructed by an improvement or a structure above the ground, including but not limited to buildings, covered decks, concrete patios, gazebos, pools, concrete, asphalt, or similar paved parking areas, concrete, asphalt, or similar paved private sidewalks, concrete, asphalt, or similar driveways and roadways, and any accessory use or structure requiring location above ground. (1) Impervious components ofinnovative wastewater systems to bei installed shall be (2) Uncovered decks and open arbors, pergolas, overhangs and similar structures located over pervious surfaces shall be excluded from the calculation of LOT COVERAGE. (3) For single-family dwellings, gravel over a sand base or plastic grid reinforced gravel pavement systems shall be excluded from the calculation of LOT COVERAGE. (4) On commercially zoned properties, gravel driveways, drive aisles, and parking spaces constructed in accordance with $ 156.112 shall be excluded from the calculation ofLOT (5) For residential and commercial uses, paving block (turfstone or equivalent), permeable interlocking concrete pavers (PICPS), and porous concrete installed on a pervious base (not to include clay) shall be considered 60% impervious for the purposes ofLOT COVERAGE calculation. Porous concrete shall be designed and installed in accordance with ACI specifications, or equivalent standard, with hydrological operation and maintenance considerations in accordance with those described in Ch. 18, Permeable Pavement, NCDENR, Division ofWater Quality, Stormwater Best Management Practices Manual, latest edition. Installation shall be conducted by a contractor certified in thei installation of this type of (6) Alternative ground cover materials that are entirely permeable, including pervious pavers, artificial turf, and other surfaces, shall not bei included in the calculation ofl LOT COVERAGE. However, such materials must either be certified to be 100% permeable by a state licensed engineer or installed according to the manufacturer's specifications for the base and surface. It is the responsibility oft the property owner to provide sufficient documentation, including owner certification, ofinstallation consistent with manufacturer's standards and to maintain the surface according to the manufacturer's specifications to ensure maximum (7) Ground mounted components of solar energy systems shall be excluded from the calculation oflot coverage; however, no more than 5% of the total lot areai may be covered with (8) Public sidewalks and similar public improvements located on privately owned properties Maximum allowable lot coverage by principal use and all accessory structures: 30%. Lot coverage may be increased to 35% provided that stormwater management improvements (a) Stormwater runoff from the built-upon area oft the site must be directed into an approved stormwater management system designed to accommodate the volume ofrunoff generated by 1.5 inches ofr rainfall over a 2 hour period (1.5 inch design storm).  included in the calculation ofl LOTCOVERAGE.  COVERAGE.  pavement system.  permeability.  asolar energy system.  shall not be included in the calculation ofLOT COVERAGE. meeting the following criteria are provided on the development site:    Text Amendment: Lot coveragepermeable pavement  July 1,2024 Page5  (b) The stormwater management system shall be designed in accordance with the standards, methodology, and procedures prescribed in the state Stormwater Best Management (c) Storage capacity (interstitial storage) within existing soils and/or fill material shall not be counted towards the volume requirement for the stormwater management design. (d) The designed stormwater management system may include any oft the following low- impact development principles and best management practices as the primary method for the  Practices Manual (NCDENR BMP. Manual).  treatment of stormwater:  1. Landscaped swales; 2. Infiltration basins; 3. - Bioretention or rain gardens; 5. Subsurface drainage systems;  4. Rainwater harvesting to include cisterns and/or rain barrels; 6. Other methods approved by the Zoning Administrator.  (e) Thel bottoms of stormwater swales and basins should maintain 12 inches above the seasonal high-water table to avoid long periods ofs standing water due to elevated water tables. The seasonal high water table elevation must be verified by a soil inspection by a licensed soil scientist or may be verified by a County Health Department wastewater site evaluation. (f) The stormwater management systems shall adhere to all setbacks, separations, and standards required by the state on-site wastewater regulations and building code. In no instance (g) Rainwater harvesting, rain barrels or cisterns must include plans for the ultimate disposal of the collected rainwater (pump to irrigation, slow release through drip tubing etc.). (h) The stormwater management plan must clearly delineate water sheds or drainage areas within the subject property. This should include ai roof plan depicting roofrunoff and the method to collect or direct the volume from each portion oft the roof area towards the stormwater management system. In some situations, the plan may require a detailed topographic survey and (i) Stormwater plans must be prepared by a state licensed professional engineer or surveyor and shall include volumetric calculations. Prior to thei issuance of a certificate of completion for the project, a statel licensed professional engineer or surveyor shall certify that the proposed improvements have been constructed in accordance with the project design. () Ifpermeable surfaces, such as pervious pavement or artificial turf, are used as part of the lot coverage calculation, then the property owner must provide written certification that the surface material was installed and will be maintained according to the manufacturer's  shall open drainage systems be located beneath al building. Open systems must include plans to prevent mosquito breeding.  a detailed grading plan.  specifications. Southern Shores  Lot coverage means that portion oft the lot area, expressed as aj percentage, that is occupied and obstructed by any structure above the ground including, but not limited to, building, decks, pools, parking areas, accessways, private sidewalks, driveways, and roadways, and any accessory use or structure requiring location on or above the ground. Government owned and maintained sidewalks and multipurpose pathways located on private property are excluded from  the calculation ofl lot coverage.  Residential)Maximum allowable lot coverage.    Text Amendment: Lot coverage/permeable pavement  July 1,2024 Page6 stations; stations.  a.Maximum allowable lot coverage shall be 30 percent, except for town-owned facilities and fire b.Maximum allowable lot coverage shall be 85 percent for town-owned facilities and fire d.Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of25 percent oft the total footprint area ofaj permitted single-family dwelling on the same e.Those allowances and/or exemptions listed in sub-section d. of this paragraph (6) shall be available only upon presentation ofas survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36- In the case of an oceanfront lot, only that area landward of the first line of stable natural vegetation (as defined by CAMA) shall be used for calculating lot coverage. (Commercial) Maximum allowable lot coverage by principal use and all accessory structures shall be 60 percent except as allowed under the following conditions: a. Commercial lots shall be allowed the use of permeable pavement as defined by the NCDENR Stormwater BMP Manual ("Manual"). Employment of this permeable solution shall be granted the Built Upon Area (BUA) Credit as specified in the Manual. b. Group Developments which incorporate the use of permeable pavement as outlined above in excess of five percent oft the total lot coverage shall be allowed a maximum allowable lot coverage by principal use and all accessory structures ofno greater than 67 percent.  c.Gravel walkways shall not contribute to lot coverage.  lot, shall not contribute to lot coverage.  171(3)ofthe' Town Code of Ordinances.  Kill Devil Hills  Permeable pavement lot coverage calculations.  (a) For lots 7,500 square feet in area or greater, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers and permeableinteloceking concrete pavers for parking spaces, drive aisles, and vehicular circulation areas, shall allow fora reduction in the calculated lot coverage. Material to fill the open cells of the pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium to high permeability rates. All permeable paving systems shall comply with the criteria oft the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following  calculated reductions are allowed:  1. Porous concrete without washed stone base: 40% reduction.  2. Porous concrete with at least six inches of washed stone base: 60%1 reduction. 3. Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least four inches of washed stone base: 40% reduction. 4. Porous asphalt concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least seven inches ofwashed stonel base: 60% reduction. 5. The pavement section shall consist of the surface course or layer fori infiltration, a bedding course (as required), an aggregate storage layer, and a woven geotextile fabric layert to 6. Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids to confine the pavement installation. Thej pavement  prevent clogging.    Text Amendment: Lot coverage/permeable pavement  July1,2024 Page7  surface course structural properties shall be designed to withstand the applied vehicular loading (b) In no case shall the total area that is occupied and obstructed by any structure above the ground, including but not limited toj parking and drive aisles exceed 45% of the area ofthe (c) For additional coverage under the previous pavement reduction, 50% of the required  pursuant to the specified application.  lot.  parking shall be outside oft the footprint of any structure or covering.  Nags Head  8.6.6.6. Special Requirements, for the Use of Permeable Pavement. Due to the stormwater management benefits associated with the use of! permeable pavement, permeable pavement shall 8.6.6.6.1.1. Permeable pavement materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, TurfstoneTM, gravel as defined in Appendix A Definitions, reinforced turf products, and other proven technologies available as covered in the NC Best Management Practices Manual and as approved by the Town Engineer for appropnateness to the site and existing conditions. Porous concrete shall be designed and installed in accordance with ACI specifications, or equivalent standard, with hydrological, operation and maintenance 8.6.6.6.1.2. Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and similar typei installations to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied 8.6.6.6.2. Location. No porous concrete shall be used east of SR 1243 or NC 12. Compacted 8.6.6.6.3. Calculation. For the purposes of determining lot coverage, the total square footage of  count at ai reduced lot coverage based on the standards below.  8.6.6.6.1. Materials.  considerations.  vehicular loading pursuant to the specified application. gravel shall not be considered permeable pavement. permeable pavement materials is multiplied by 0.67.  Manteo (Residential)  Lot coverage. Percentage ofl lot area covered by impermeable surface. Sidewalks and dedicated Maximum allowable lot coverage: 30 percent except that the lot coverage may be increased by eight percent as an incentive providing the increased lot coverage is in detached structures such as garages, barns, accessory dwelling units, and other customary outbuildings.  alleyways exempt from lot coverage calculations.    Text Amendment: Lot coverage/permeable pavement  July 1,2024 Page 8 Use Plan:  The following goals and policies relevant to this application are stated in the CAMA Land Policy 2.4: Require stormwater management systems in new development that mimic pre- >Consider additional incentives for green stormwater infrastructure including pervious Policy 3.1 Manage land use and development to minimize primary and secondary impacts on  development runoff conditions.  pavements, bioswales, rain gardens and green roofs  resources and existing residents through standards for developments. Policy 3.4: Encourage residential that fits Kitty Hawk's character.  > Maintain zoning regulations that protect the character of Kitty Hawk'sr neighborhoods. The Planning Board will review this proposal at its. June 27, 2024 meeting. The Board's recommendation will be provided to Council prior to the July 1 Council meeting.  Planning Board Recommendation  Town Council Recommended Motion  "I move to set a public hearing at the Town Council meeting on August 5, 2024 to consider the proposed text amendment to Sec 42-1 and relevant residential and commercial zones as  related to lot coverage and permeable materials."    RC  TOWN  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252) )261-3552 Fax (252)261-7900 WWAOMTOINVTAMKO9  MEMORANDUM  TO:  Mayor Garriss and Members oft the Town Council  FROM: Rob Testerman, AICP, CFM, CZO Director of] Planning & Inspections  DATE: July1,2024  RE:  Special Use Permit: Mini-warehouse, 6100 N Croatan PCD  Note: Special use permits are quasi-judicial evidentiary based hearings. Comments that are considered in the decision making process by Council should be limited to "competent, material, and substantial evidence". If the evidence supports that zoning standards and other conditions  are: met, then the applicant is entitled to the special use permit.  Proposal 414(b)(4)  The applicant is requesting approval of a special use permit to a 105,000 sq. ft. mini-warehouse facility. These facilities are permitted in a PCD as a special use, with the conditions listed in 42- Approval of the size of thei mini-warehouse is dependent on the text amendment running subsequent to this proposal. A full size set of plans will be provided prior to the. August  evidentiary hearing. Background Information  The subject properties are presently zoned Beach Commercial (BC-2) with a Planned Abutting the subject property is a separate parcel that is part ofthe PCD, zoned BC-2 containing a gas station and convenience store. There are also two properties zoned BC-2, containing a cabinet shop and auto-mechanic. To the south is also zoned BC-2 and is occupied by Dominion Energy. There are two undeveloped parcels abutting the site to the west and north that are  Commercial Development (PCD) overlay. The site is currently unimproved.  owned by the state, and are part oft the Coastal Reserve. Lot Area: The development area is 5.08 acres in size  StaffAnalysis  Number of] Buildings: 42-419(2) states that more than one principal building may be permitted on a lot in a PCD, provided each is designed and arranged to conform with a development plan Building Size: 42-251(d)1 states no use ofa an owner or tenant on the site shall exceed the maximum area of 40,000 square feet ofbuilding area as shown on the commercial site plan. The proposed 105,000 square foot structure is not compliant with this requirement, and is dependent  approved by the Planning Board and Town Council.  on the adoption oft the proposed text amendment.    SUP: Mini-warehouse July 1,2024 Page2  Lot Coverage: Per the site plan, the proposed impervious area ofthis portion of the PCD is2.47 acres (48.6%). In a PCD, thei total ground area occupied by all principal buildings and parking lots shall not exceed 50% ofthe total area oft the PCD. Driveways, walkways and streets shall When combined with the lot coverage oft the gas station portion oft the PCD, and the area of the proposed access road is removed from calculations, the overall proposed PCD coverage is Building Height: Maximum building height is thirty-five feet (35') from the existing grade to the peak oft the roof, exclusive of chimneys, flagpoles, communication masts and aerials. The site plan indicates a building height of34' for the mini-warehouse and 18' for the retail structure. It should be noted that the elevation drawings indicate ai roof ridge of34' and aj parapet height of Building Setbacks: The BC-2 district requires 15' front, 20' rear and 10' side setbacks. All Access: Per Sec. 42-419(8) There should be one primary accessway from the planned commercial development property to a public or private right-of-way. If the planned commercial development fronts on US Highway 158, then it shall have one access to said highway. The planning board may approve one or more secondary accessways if additional access points are needed in order to ensure orderly and safe traffic movement within the district and between the The proposal provides two accesses to development site, in addition to two accesses to the gas station. It is staff's recommendation, in this scenario, that the additional accesses would better ensure orderly and safe traffic movement within the district and adjoining areas. Without the additional access, traffic to the site would be forced to route through the gas station parking lot. Parking: Town code does not include any minimum parking standards for the proposed mini- warehouse use. The applicant has proposed 161 total spaces. For reference, the existing mini- storage facility on' The Woods Road appears to have 10 spaces. As the uses for the separate commercial structure have not yet been determined, ai minimum requirement cannot be stated. Thej proposal indicates 30 parking spaces for the commercial uses, there are an additional 6 Buffers: Buffers shall be required between all uses in commercial zones and abutting residential zones. The only abutting residential zone in this scenario is the golf course to the west. Itis staff'si interpretation that a buffer is not required in this scenario as an EMS station is not a commercial use, and the MS-1 district is not a traditional commercial zone. Lighting: A lighting plan has not yet been submitted, but will be required prior to issuance of any permits. Requirements Sec 42-515 will be need to be met in order to gain approval. Signs: No signage has been proposed at this point, should the applicant desire to have signage, a  not count towards lot coverage.  approximately 45.9%  36'  building setback requirements appear to bei met.  district and adjoining areas.  spaces in front oft the storage facility that are not behind the gate.    SUP: Mini-warehouse July 1,2024 Page3 3  sign permit will be applied for and reviewed by staff for compliance. Department will be required prior to the issuance of any building permits.  Wastewater Disposal: Septic improvement permits from The Dare County Environmental Health Public restrooms: 42-419 (13) states that public restrooms shall be required on each commercial retail building. The public restroom shall be located such as to be convenient to the public and shall be maintained by the operator or applicant in a clean and sanitary condition. The location of all restrooms shall be clearly marked. Buildings used solely for offices or offices and residential use shall not bei required to contain public restrooms. A public restroom is not indicated on the Fire Hydrants: The Fire Department is in receipt of the site plan and will provide comment. In addition to the typical zoning requirements, the proposed use must also meet the recently  site plan, but would be required for permitting.  adopted requirements of 42-414(b)(4):  All storage for mini-warehouse storage facilities shall be within a completely enclosed building. Keeping, storing, or parking of any type ofr motor vehicle or equipment outdoors is prohibited. A moving truck owned by the storage facility is allowed on site to This requirement would be an ongoing condition that would be addressed ife ever A street level loading areas shall be permitted as part of the storage facility, pit loading  be made available to tenants for move-in and move-out only.  in violation docks are not permitted.  This has been provided in the site plan  Storage ofhazardous and flammable materials shall not be permitted.  This requirement would be an ongoing condition that would be addressed ife ever Tenant identification signs and advertising signs are prohibited. All signs shall complement the exterior building design and construction. All building signage shall be This would be reviewed for compliance when issuing sign permits Mini-warehouse storage facilities shall be designed to emulate multi-family or office Proposed elevation drawings and renderings have been provided Access to the building(s) shall be monitored by electronic security and/or facility staffat o This requirement would be an ongoing condition that would be addressed ifever Mini-warehouse facilities shall not be used as a base of operations for any business/tenant This requirement would be an ongoing condition that would be addressed ifever  in violation  consistent with Division 3 (Signs) of this chapter.  buildings. all times.  inv violation  utilizing storage space within the facility.  in violation façade.  Building(s) shall consist ofthe following elements:  1. Buildings shall be oriented to the street, with a functional primary entrance on their    SUP: Mini-warehouse July 1,2 2024 Page4  2. Provide façade treatments with the greatest amount of detail and refinement at the street. A variety ofthe following features shall bei incorporated into each building  façade design:  i.Color and/or texture differences iv. Peaked or articulated roof forms V. Raised corniced parapets i. Brick or brick masonry veneer. iii. Integral colored textured concrete block. iv. Metal panel siding.  ii. Recesses or projections, including roofeave overhangs  iii. Awnings  vi. Canopies or porticos over actual pedestrian entryways  3. Primary materials shall include, but are: not! limited to:  ii. Stone.  Conditional Use Findings  Per the standards of Section 42-99(b)(7), in order to approve this application, the Town Council  must make findings that the proposed conditional uses: a. does not materially endanger the public health or safety,  If all of the required State and other permits are obtained, then the authorized agencies will have reviewed and permitted the driveway designs and locations, septic systems, water lines, stormwater management, and erosion and sediment control plan. Therefore, it can be presumed that these improvements will bei made in a safe manner. If the proposed text amendment is approved, and the Board determines that the parapet is exempt from the 35' height maximum, then all other conditions and C. will not substantially injure the value of adjoining property or be a public nuisance, and The applicant will need to supply evidence that this requirement is met ahead of the d. will be in harmony with the area in which it is located and be in general conformity with This area isi identified as "Invest and Improve" by the CAMA Land Use Plan  b. does meet all required conditions and specifications,  specifications appear to bei met. evidentiary hearing the comprehensive plan. Planning Board Recommendation  The Planning Board will review the SUP proposal at its June 27, 2024 meeting. Their recommendation will be provided to Council prior to the July 1 meeting date.  Town Council Recommended Motion  "I move to set a public hearing at the Town Council meeting on August 5, 2024 to consider the proposed Special Use Permit and commercial site plan for a mini-warehouse in the  PCD located at 6100 N Croatan Hwy." Directions to the Subiect Property  (from Kitty Hawk Post Office, N. Croatan Highway & Kitty Hawk Road) Drive approximately 3.6 miles north on N. Croatan Highway. The subject property is located on the left (west) side oft the highway, behind 7-11    ON "EHA Aniy puspoome euo NVId J3SWW G3SOdOud  -  O1        T                L        IOa  TOWN  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 eAtoAnONkIyDaMkOg  MEMORANDUM  TO:  Mayor Garriss and Members of the Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of] Planning & Inspections  DATE: July 1, 2024  RE:  Planning Board Composition  Atit's June 3, 2024 meeting, Council requested a discussion regarding the Planning Board and the membership types. Per Sec. 26-20(a) ofTown Code, the Planning Board is composed offive In practice, the alternate members prepare for meetings ini the same manner as thei regular members and also are free to participate ini the discussions oft thei matters that come before the Board. Alternate: members are only able to vote on ai matter if one or more oft the regular members are absent from the meeting. Ifa single regular member is absent, the alternate member Currently, with five regular members, a quorum of three members in attendance is required in order to conduct business. Ifthe alternate members were to be converted to regular members, creating a seven member Board, in addition to amending Sec. 26-20(a), an amendment to Sec 26- Staffhas provided the composition oft the other Planning Boards in Dare County, for reference:  members and two alternate members who shall be residents ofthe Town.  ist typically chosen on an rotating schedule.  22 would bei required to change the quorum to four.  Duck: 5r members Southern Shores: 5 members 2. Alternates 1ETJ Representative Kill Devil Hills: 7N Members Nags Head: 7N Members Manteo: 5N Members Dare: 7N Members    Planning Board Composition July 1,2024 Page2  Town Council Recommended Action  Staffi is requesting direction from Council for direction as to whether the desire is to maintain the current composition oft the oft the membership oft the Planning Board, or whether there are tol be any changes. Should Council wish to make any changes, amendments to the relevant sections of  Town Code can bej prepared for the August meeting.