View from the Ridge

Call to Action

noreply@blogger.com (BOBXNC) — Wed, 01 Nov 2017 15:11:00 +0000

October 30 at 7:22am

CALL TO ACTION!
Protect Mueller! Fight for a fair tax bill!
There's bi-partisan-congressional legislation to preserve Mueller's independence and to protect him from being fired by 45. With the recent announcement of an imminent indictment and given the environment created by this administration and it's enablers, it's no surprise with this that we need these protections.
Senate:
• S.1735 (The Special Counsel Independence Protection Act) was introduced by Senators Graham (R-SC) and Booker (D-NJ). This would require the Department of Justice seek judicial approval before any firing.
• S. 1741 (The Special Counsel Integrity Act) was introduced by Senators Tillis (R-NC) and Coons (D-DE). This would allow a special counsel to contest any termination after the fact.
House:
• H.R. 3771 (The Special Counsel Integrity Act) was introduced by Representatives Jones (R-NC) and Conyers (D-MI). This would allow the special counsel to challenge his removal in court.
�Script for Sen. Tillis:�I want to thank Senator Tillis for sponsoring The Special Counsel Integrity Act and ask that he co-sponsor The Special Counsel Independence Protection Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia.
Senator Tillis (202) 224-6342
https://www.tillis.senate.gov/public/index.cfm/email-me

Script for Sen. Burr:
I urge Senator Burr to co-sponsor both The Special Counsel Independence Protection Act and to join Sen. Tillis in sponsoring The Special Counsel Integrity Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia. Thank you.
Senator Burr (202) 224-3154
https://www.burr.senate.gov/contact/email

Rep. Jones script:�Thank you Representative Jones for sponsoring The Special Counsel Integrity Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia. Thank you.
Rep. Walter Jones
(202) 225-3415
https://jones.house.gov/contact-me

Vote Against the Tax Bill:
It's reasonable to anticipate with the passage of the budget that Congress will push more for their tax bill. (Remember this is the one where the uber-rich and corporations get major tax breaks while the poor and middle class get little relief and loose some needed deductions.) Important programs like Medicaid and Medicare could also face sharp cuts to pay for the tax cuts.
Let's put the pressure on! Some political talking heads are saying there's a chance this can be defeated.

Script:
Hello, I am a constituent urging Sen./Rep. _________________ to vote against any tax reform bill that would limit the amount of pre-tax money workers can contribute to 401(k)s. Please support a tax bill that preserves the deduction on state and local taxes which help middle class families. We must also preserve the estate tax. Please oppose any tax bill that will gives tax breaks for the wealthy and corporations on the backs of the poor and middle class. Thank you.
Senator Tillis (202) 224-6342
https://www.tillis.senate.gov/public/index.cfm/email-me
Senator Burr (202) 224-3154
https://www.burr.senate.gov/contact/email
Rep. Walter Jones
(202) 225-3415
https://jones.house.gov/contact-me

Bob Muller
Cell #252-207-5287

I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.

Abraham Lincoln

Fwd: [Stronger NC OBX - Outer Banks] CALL TO ACTION!

noreply@blogger.com (BOBXNC) — Wed, 01 Nov 2017 15:09:00 +0000

---------- Forwarded message ----------
From: Jennifer Alexander <notification+zr6fh6v1@facebookmail.com>
Date: Mon, Oct 30, 2017 at 7:22 AM
Subject: [Stronger NC OBX - Outer Banks] CALL TO ACTION!
To: Stronger NC OBX - Outer Banks <strongerobx@groups.facebook.com>

Jennifer Alexander , Sean Marceron McDonald and 3 others posted in Stronger NC OBX - Outer Banks . Jennifer Alexander October 30 at 7:22am CALL TO ACTION! Protect Mueller! Fight for a fair tax bill! There's bi-partisan-congressional legislation to preserve Mueller's independence and to protect him from being fired by 45. With the recent announcement of an imminent indictment and given the environment created by this administration and it's enablers, it's no surprise with this that we need these protections. Senate: • S.1735 (The Special Counsel Independence Protection Act) was introduced by Senators Graham (R-SC) and Booker (D-NJ). This would require the Department of Justice seek judicial approval before any firing. • S. 1741 (The Special Counsel Integrity Act) was introduced by Senators Tillis (R-NC) and Coons (D-DE). This would allow a special counsel to contest any termination after the fact. House: • H.R. 3771 (The Special Counsel Integrity Act) was introduced by Representatives Jones (R-NC) and Conyers (D-MI). This would allow the special counsel to challenge his removal in court. �Script for Sen. Tillis:�I want to thank Senator Tillis for sponsoring The Special Counsel Integrity Act and ask that he co-sponsor The Special Counsel Independence Protection Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia. Senator Tillis (202) 224-6342 https://www.tillis.senate.gov/public/index.cfm/email-me Script for Sen. Burr: I urge Senator Burr to co-sponsor both The Special Counsel Independence Protection Act and to join Sen. Tillis in sponsoring The Special Counsel Integrity Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia. Thank you. Senator Burr (202) 224-3154 https://www.burr.senate.gov/contact/email Rep. Jones script:�Thank you Representative Jones for sponsoring The Special Counsel Integrity Act. These acts would ensure that the President can't unilaterally fire Special Counsel Robert Mueller. We need to protect our democracy from foreign influence and ensure that the President is not being influenced by Russia. Thank you. Rep. Walter Jones (202) 225-3415 https://jones.house.gov/contact-me Vote Against the Tax Bill: It's reasonable to anticipate with the passage of the budget that Congress will push more for their tax bill. (Remember this is the one where the uber-rich and corporations get major tax breaks while the poor and middle class get little relief and loose some needed deductions.) Important programs like Medicaid and Medicare could also face sharp cuts to pay for the tax cuts. Let's put the pressure on! Some political talking heads are saying there's a chance this can be defeated. Script: Hello, I am a constituent urging Sen./Rep. _________________ to vote against any tax reform bill that would limit the amount of pre-tax money workers can contribute to 401(k)s. Please support a tax bill that preserves the deduction on state and local taxes which help middle class families. We must also preserve the estate tax. Please oppose any tax bill that will gives tax breaks for the wealthy and corporations on the backs of the poor and middle class. Thank you. Senator Tillis (202) 224-6342 https://www.tillis.senate.gov/public/index.cfm/email-me Senator Burr (202) 224-3154 https://www.burr.senate.gov/contact/email Rep. Walter Jones (202) 225-3415 https://jones.house.gov/contact-me Contact Me | Congressman Walter Jones Like Comment


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Jennifer Alexander, Sean Marceron McDonald and 3 others posted in Stronger NC OBX - Outer Banks.

Jennifer Alexander

October 30 at 7:22am

Contact Me | Congressman Walter Jones

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Bob Muller
Cell #252-207-5287

I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.

Abraham Lincoln

Nourishment Funding and Beach Access

noreply@blogger.com (BOBXNC) — Mon, 27 Jun 2011 21:06:00 +0000

I have long been a critic of communities that do not provide public beach access, particularly Southern Shores. When I saw this article on the Outer Banks Voice about the relationship between beach nourishment funding and public access I decided to see if I could develop a model policy that met the needs of all the county's communities.

Thanks for stopping by. Enjoy.

Beach Access Policy A Proposal

Dare County needs a public access policy. When Dare County provides public dollars to help rebuild and maintain shoreline, that shoreline should be accessible to the public. We don’t use public dollars to build private roads and we shouldn’t use public dollars to build private beaches. Public access by definition means access open and available to any member of the public without restriction

In developing this policy the County needs to recognize currently access varies widely from no public access to access that meets the rigorous federal standards[see note below] in Kill Devil Hills and most of Nags Head. Access policy must reflect this difference and encourage access where none exists while still enabling necessary investments in our key economic infrastructure, our beaches.

First the county policy should fund planning for projects without regard to access. Restricting planning funds for inaccessible beaches means those beaches will never be nourished and never be able to develop public access.

Secondly the county should require if a nourishment project does not meet a basic standard for access then 5% of the total project cost must be spent improving access. The basic standard might be 10 parking spaces for each mile of beach in the project within a quarter mile of an improved public beach crosswalk. The required access could be in one central location or spread throughout the project. If this basic standard is not met then the nourishment project would have to demonstrate that 5% of the total cost of the project is being used to improve access. This could be in the form of acquiring access easements, constructing parking or other improvements but there must be more access when the project is completed than before it started.

Funding for the access improvements need not be taken from nourishment funds. Money is available from CAMA and the Outer Banks Visitors Bureau to help with access projects. Several beach towns have successfully completed access projects by combining CAMA and OBVB funds with not local cash involved.

This approach, no access requirement for planning and a required investment for nourishment projects, allows all communities to use County funds to protect their beaches and the provides the opportunity to improve public access without penalizing those who have developed without extensive public access.

Note: The Corps regulations and guidance concerning this issue stipulate that an access shall be located every half mile with adequate parking associated with each access. In general, adequate parking has been designated as ten spaces located within a quarter mile of each access. (source Carteret County Shore Protection Office))

Response to Russ Lay in the Outer Banks Voice.

noreply@blogger.com (BOBXNC) — Fri, 11 Feb 2011 12:25:00 +0000

The Outer Banks Voice published my response to Russ Lay;s critique of the Nags Head Board of Commissioner's decision regarding a proposed development in Nags Head Woods.

Full text of Nags Head Code for Response to Russ Lay

noreply@blogger.com (BOBXNC) — Wed, 09 Feb 2011 04:40:00 +0000

Section 44-63 governs when development is not required to connect to Town water.
Secttion 48-442 The first entry the section on Residential Clusters. This is followed by the full SED 80 district regulations including Residential Clusters.

Sec. 44-63. - Connection to town system required; exception
All new development shall be connected to the town water system, in accordance with standards and specifications then in effect, for water supply, with the exception of a single-family residence that meets all of the following requirements:
(1) The structure is proposed for a lot of at least 40,000 square feet in size, or is an existing lot of record that does not front on a dedicated right-of-way, or a lot that has been previously developed without benefit of a water tap;
(2) The lot is located in excess of 500 feet from an existing water main;
(3) The lot is recorded at the county registry and met all subdivision and zoning requirements at the time of its creation; and
(4) The developer obtains all necessary approvals from the appropriate regulatory agencies.
Sec. 48-7. - Definitions of specific words and terms
Residential cluster means the grouping of attached or detached single-family dwellings, whether for one or more families, on a single lot meeting the dimensional requirements for the zoning district for the number of residential units, in an arrangement in which the side yards or distance between units may be less than that required in the zoning district. Residential clusters may normally have the appearance of one structure, and the individual residential units may be connected by common porches, walkways, patios or garages.

Sec. 48-442. - SED-80 special environmental district. (Residential Clusters)

Conditional uses. The following uses shall be permitted subject to the requirements of this SED-80 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:

(1) Residential cluster housing, subject to other requirements of this chapter and provided that the following conditions are met:
a. Residential clusters shall be on single parcels of which at least 50 percent of the parcel is net buildable land.
b. No unit in a residential cluster shall be located within 50 feet of a property line.
c. Residential clusters shall be limited to a maximum of four dwelling units per lot.
d. Area requirements for residential clusters shall be 80,000 square feet of lot per unit.
e. The minimum separation between detached units in a cluster shall be 20 feet.

Sec. 48-442. - SED-80 special environmental district (Complete)

(a)

Basis and purpose. The Nags Head Woods is an irreplaceable maritime forest occupying the northwest corner of the town. Nags Head Woods was the home of the first settlers. Nags Head Woods is one of a few remaining maritime forests in the state and consists of ecologically important marshlands, pine hammocks, bay forest, the ridge forest, hardwood and pine forests, ponds and dunes. Each part of this natural system is important to the survival of the whole system. The least adverse environmental impacts would result from development in the bay and hardwood forests and away from the ponds and marshes. The Woods is also environmentally significant because of its natural role in the integrity of the coastal region, and in 1974, Nags Head Woods was designated by the United States Congress as a National Natural Landmark.

(b)

Intent. This SED-80 district is created to permit development that is compatible with the environmentally sensitive nature of Nags Head Woods and to preserve land in a natural state where such land is considered to be a vital link in the groundwater replenishment cycle of the outer banks and where the destruction of natural vegetation would have a harmful effect on the stability of the soil and its resistance to erosion. More specifically, the SED-80 district is designed to:

(1)

Provide for the paramount public concern for these natural resources in the interest of health, safety and general welfare of the residents of and visitors to the town.

(2)

Preserve the natural features and functions of the area necessary for safe and compatible development on the entire outer banks. Such features include, but are not limited to, the following:

The components of the groundwater storage and recharge system which are necessary for the growth and maintenance of the maritime forest vegetation. Such components include ponds, lowlands, marshes, bay forests and wetlands.

Vegetation acting as soil stabilizers or which provide significant protection from storm or salt intrusion, including the dune ridge plant communities and scrub forest.

(3)

Protect the fragile ecosystems of Nags Head Woods from the effects of fire, storms, flooding and other natural and manmade disasters.

(4)

Prevent pollution of the estuary and the sound which might otherwise adversely affect the biological productivity of the sound.

(5)

Permit low-density residential development of those portions of the SED-80 district suitable for residential use and to encourage open space and limited passive recreational use of portions not suitable for residential use.

(6)

Prohibit commercial and industrial use of the land and any other use not compatible with the ecological carrying capacity of the area.

(7)

Preserve the cultural heritage, features and integrity of Nags Head Woods as a maritime forest.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Building site means the maximum area within a lot of disturbed land and vegetation required for placement of principal structures (exclusive of decks) and accessory structures, its accessways and utilities, including areas disturbed for parking lots, power lines, driveways, septic tank nitrification fields, cemeteries and hiking trails.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, and specifically excluding crematories, mausoleums and mortuaries.

Estuarine frontal dunes means the dunes which are the first mounds of sand located landward of the estuarine waters of the Roanoke Sound and having a minimum elevation equal to or greater than the mean flood level plus six feet (nine feet plus six feet). For the purpose of this article, estuarine frontal dunes occur in the area southerly of the northwest boundary of Parcel 13, Tax Map 185, as shown on Tax Maps 185 and 186. The estuarine frontal dunes extend southward and terminate at the southwest boundary of the SED-80 district.

Forest canopy means (collectively) the light-intercepting layer formed by all of the tree tops and ultimate leaf bearing branches in a forest; the uppermost layer of vegetation in a forest. In the Nags Head Woods, the forest canopy may be kept to near constant height by the pruning effect of salt mist nearer the ocean or it may become irregular in height where salt impact is less.

Forest subcanopy means a light-intercepting understory layer formed by shade-tolerant saplings, shrubs and small trees beneath the canopy of a forest. The Nags Head Woods subcanopy species include dogwood, muscle wood, hop hornbeam and holly.

Groundwater recharge area means a catchment basin or watershed underlain by layers of alternating permeable and impermeable strata such that excess rainfall not lost by evapotranspiration or runoff is retained and stored in subterranean porous layers of soil. Essentially the entire Nags Head Woods acts as a groundwater recharge area since porous sandy soils permit little runoff of excess precipitation. For the purposes of this chapter, components of this system include ponds, wetland swales, bay forests, dunes and marsh.

Migrating dune means an area of unstabilized sand subject to movement under the influence of winds. Migrating dunes occur in the Nags Head Woods along the eastern boundary of the dune ridge maritime forest.

Net buildable land means that portion of any lot that does not include estuarine marsh, fresh water marsh, ponds, wetland swales or streams (as determined or defined by CAMA or the U.S. Army Corps of Engineers).

Pond means a small body of standing water with rooted plants growing across it (or at least capable of supporting plants all the way across). In Nags Head Woods, ponds often exhibit moderate seasonal variations in water depth.

Public water supply well field means a well or series of wells operated by a governmental entity to provide water for its citizens.

Ridge line forest means a type of maritime forest in which the pruning effect of salt mist is moderated by distance from the ocean source. The forest canopy is dominated by various evergreen oaks (live, laurel, water) and an understory subcanopy of dogwood, muscle wood, hop hornbeam and holly. In the Nags Head Woods, the dune ridge maritime forest typically occupies the highest dunes along a major north-south oriented dune ridge near the eastern boundary of the district.

Roanoke Sound dune ridge means the western ridges of the westernmost north-to-south oriented dune. This dune ridge forms a natural barrier between the high ground of the dune ridge and the lower terrain to the west. For the purpose of this section, the Roanoke Sound dune ridge is located in the area northward of the northwest boundary of Parcel 13, Tax Map 186, as shown on Tax Map 185 and 186, and generally west of the Nags Head Woods Road, and extends northward to the town's northern limits.

Salt marsh means a flat bed of salt-resistant grasses, sedges and/or rushes that is periodically flooded by salt or brackish water. In Nags Head Woods, salt marsh extends in an irregular band along the foot of the westernmost forested dunes westerly to the edge of the estuary. Characteristic plants include: cattails, giant cordgrass and black needle rush.

Site plan means a map and accompanying report detailing existing vegetation and topography (pursuant to the requirements of subsection (g) of this section), which must be submitted to develop any subdivision or building site.

Soil erosion and sedimentation control plan means a plan designed by the Soil Conservation Service or a comparable organization that will ensure the stabilization and subsequent revegetation of all areas that have been disturbed to the extent that bare land has become exposed.

Surficial groundwater means groundwater stored between the geographical surface and the first confining impermeable subsurface strata.

Tree means any woody plant of multiple or single trunk with a caliper of four inches or more at one foot above the ground.

Tree removal means removal of a tree means any act which causes a tree to die within a period of two years including, but not limited to, damage inflicted upon the root system by machinery, storage of materials and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; or paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.

Wetland swales means seasonally flooded or water-saturated depressions located between drier adjacent dune ridges. The vegetation cover includes a tree canopy. The general aspect of a swale greatly resembles that of a forested swamp, of which it may be considered a subunit. In the Nags Head Woods, dominant wetland swale vegetation includes sweet gum, black gum, red maple, buttonbush and cattails. Swales may become flooded seasonally or following heavy rainfall.

(d)

Permitted uses. The following uses shall be permitted by right in the SED-80 district:

(1)

Detached single-family dwellings, each on its own individual lot. Single-family dwellings containing five bedrooms shall be subject to the applicable requirements specified in section 48-370.

(2)

Watershed conservation areas.

(3)

Nonprofit wildlife and ecological preserves.

(4)

Hiking trails.

(5)

Municipal estuarine access facilities.

(6)

Private docks, as permitted by CAMA, and storage buildings, not to exceed 300 square feet.

(7)

Estuarine bulkheads.

(8)

Accessory uses and structures limited to private swimming pool, private tennis court, detached garage, storage building, roof top wind energy facilities and private dock. Any accessory use or structure shall meet the front, rear and side setbacks required for principal structures, except for water-dependent structures, which may be excluded from water-side setback only.

(9)

Boardinghouse, subject to other requirements of this chapter and provided that the following conditions are met:

Boardinghouses may not exceed two rooms, which are intended to be rented.

Occupancy by tenants shall not exceed more than two persons per bedroom and shall be for durations of generally greater than one week.

Individual rooms shall not contain independent cooking facilities; this however shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants.

Boardinghouses shall be owner occupied and serve as the primary residence of the owner.

(10)

Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met specified in section 48-370.

(e)

Conditional uses. The following uses shall be permitted subject to the requirements of this SED-80 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:

(1)

Residential cluster housing, subject to other requirements of this chapter and provided that the following conditions are met:

Residential clusters shall be on single parcels of which at least 50 percent of the parcel is net buildable land.

No unit in a residential cluster shall be located within 50 feet of a property line.

Residential clusters shall be limited to a maximum of four dwelling units per lot.

Area requirements for residential clusters shall be 80,000 square feet of lot per unit.

The minimum separation between detached units in a cluster shall be 20 feet.

(2)

Cemeteries, subject to other requirements of this chapter and provided that the following conditions are met:

All cemeteries shall have perpetual care.

All graves or burial plots shall be set back not less than 30 feet from any public right-of-way and be not less than 50 feet from any lot line.

When a cemetery abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the cemetery from the residential development.

The site shall be approved by all necessary regulatory agencies including, but not limited to, the county department of environmental health and the state cemetery commission.

(3)

Nonprofit, special "environmental awareness" areas of low-intensity use, subject to other requirements of this chapter and provided that the following conditions are met:

When an environmental awareness area abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the environmental awareness area from the residential development.

Lighting shall be prohibited.

(4)

Municipal government passive recreational uses, specifically excluding motorized recreational activities, horse stables and riding trails, lighted ball fields, amusement parks, miniature golf courses, race and go-cart tracks, theaters of all kinds and similar uses which would tend to create a high concentration of activity and associated light, noise, dust, stormwater runoff, erosion, vegetation damage, or which would cause other similar adverse environmental effects, subject to other requirements of this chapter and provided that the following conditions are met:

When a passive recreational use abuts a residential use, a 25-foot-wide undisturbed area of natural vegetation shall buffer the passive recreational use from the residential development.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes and shall be in accordance with article IX of this chapter.

(5)

Municipal government facilities owned and operated by the town shall be limited to police firing range, public safety and governmental offices subject to other requirements of this chapter and provided that the following conditions are met:

Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with article IX of this chapter.

A police firing range shall be located a minimum distance of 500 feet from any residential use.

Public safety and governmental office facilities may have a municipal heliport as an accessory use subject to other requirements of this chapter and provided that the following conditions are met:

Compliance with and evidence of compliance with any applicable requirements of the department of transportation, division of aviation, the Federal Aviation Association, and any other federal, state or local agency having jurisdiction over operation of helicopter flights, landings, and the environmental impact thereof.

Submission of a conditional use application with the town planning and development department, in addition to the following materials:

A site plan prepared in accordance with the applicable section provisions of 48-525, including a map showing the locations, height and first floor elevations or foundation elevations above mean sea level of all structures, utility and street rights-of-way, existing power lines, towers, undeveloped residential lots, and other similar uses within the approach and protection area described in this section or within 500 feet of the center of the helicopter landing pad, whichever is the greater distance. The names and addresses of all property owners within this area shall be provided by the applicant.

ii.

The applicant shall provide an environmental assessment in accordance with G.S. 113A-1—113A-10 consisting of an analysis of the impact of noise within 500 feet of the heliport performed by a qualified audio engineer or other appropriate professional; an analysis of the socioeconomic issues relating to the heliport; and viable site alternatives both within the site and within the town. The analysis is to be submitted not later than 20 days prior to the regular meeting of the planning board at which the application is to be considered.

iii.

A proposed heliport lighting plan demonstrating the technology and technique for retaining light on the site and prevention of light or light glare from affecting traffic using streets and highways in the area. Lighting of the helipad or final approach and takeoff areas shall comply with FAA regulations but shall be ground-level based using cutoff or restrictive features to minimize overspill of light from the activity area itself.

iv.

Proposed approach and departing flight paths shall be shown on the site plan required in subsection (e)(5)a.2.i of this section.

The applicant shall protect the approach and departure protection areas, as defined in chapter 3, section 25, Heliport Design Advisory Circular 150/5390-2, U.S. Department of Transportation, Federal Aviation Administration, dated January 4, 1988, as amended, by acquiring fee simple title to the property.

The heliport shall be ground-based only. No rooftop facility shall be permitted.

The heliport shall comply with the latest edition of the FAA regulations in its design, size and use.

No fixed based operations or refueling facilities shall be permitted on the municipal heliport site.

Property line setbacks for the helipad or final approach and takeoff areas shall be at a minimum the same as for any other principal building. The full takeoff and landing area, as defined by the FAA and determined by the size of the helicopter, shall fall within the property lines of the lot of the municipal heliport.

Fire protection and safety measures shall be in accordance with NFPA guidelines and shall include one readily accessible fire hydrant capable of delivering 1,000 GPM. The location of the fire hydrant shall be determined by the town's fire chief.

The use of sound buffers, proper facility siting, separation distances or other natural or manmade barriers as identified in FAA Heliport Design Advisory Circular 150/5390 2, Aviation Noise Effects, FAA-EE-85-2; Noise Control and Compatibility Planning for Airports, FAA AC 150/5020-1; and Airport Noise Compatibility Planning 14 CFR Part 150, Revised January 18, 1985, shall be made a part of the municipal heliport approval process.

(6)

Medical offices, nursing homes, and convalescent homes, provided that all such uses shall be located in that area as is now designated or may hereafter be designated for such uses by the town pursuant to chapter 1160 of the Session Laws of 1973 of the North Carolina General Assembly, as amended, subject to the following:

A minimum lot area of 80,000 square feet shall be required for each principal building on the site.

Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with article IX of this chapter.

Along the side and rear property lines, a 25-foot-wide undisturbed area of natural vegetation shall be provided.

An evacuation plan shall be provided and shall be subject to review by the town.

(7)

Medical office. Medical offices shall be located in that area as is now designated or may hereafter be designated for such uses by the town pursuant to chapter 1160 of the Session Laws of 1973 of the North Carolina General Assembly, as amended, subject to the following:

Lighting shall be the minimum amount that may be required for security purposes and shall be in accordance with article IX of this chapter.

Along the side and rear property lines, a 25-foot-wide undisturbed area of natural vegetation shall be provided.

(8)

Public water supply well fields, provided that the following conditions are met:

Land clearing and grade changes around individual well point sites shall be limited to the least amount necessary to provide access for installation and maintenance of the well and pumps. In no case shall clearing and grading exceed a 30-foot radius around the well point.

Water line placement shall be accomplished in a manner that reduces the need to remove vegetation and shall be placed, where feasible, along existing roads or pathways.

When feasible, access to well sites shall be provided along established roadways or along existing pathways which can be improved to accommodate service vehicles.

All utilities shall be placed underground.

All development shall be in accordance with subsection (g)(2) of this section.

(f)

Dimensional requirements. Within the SED-80 district, the following dimensional and setback requirements shall be in effect:

(1)

For single-family detached dwellings and all principal nonresidential buildings on an individual lot, unless otherwise specified:

A minimum lot area of 80,000 square feet is required for each principal building on a site.

The minimum required front yard is 30 feet, subject to the provisions of this section and subsection (g)(3) of this section.

The minimum required side yard is 20 feet, subject to the provisions of this section and subsection (g)(3) of this section.

The minimum required rear yard is 20 feet, subject to the provisions of this section and subsection (g)(3) of this section.

(2)

For all single-family detached dwellings, all residential clusters and all principal buildings:

The minimum required lot width as measured at the building line is 200 feet.

No structure or parking lot shall be located closer than 50 feet to any pond, stream, marsh or other wetlands.

No structure or parking lot shall be located closer than 130 feet of the eastern boundary of the ridge line forest, and no removal of vegetation shall be permitted within 100 feet of the eastern boundary of the ridge line forest.

Principal and accessory structures shall meet all requirements of subsection (g)(2) of this section.

Maximum building height is 35 feet. However, the height of a structure meeting the minimum roof pitch requirements of section 48-370 (d) shall be allowed a maximum total height of 42 feet. The provisions of section 48-81, structures excluded from height limitations, shall not apply to the SED-80 district, except flagpoles and chimneys may exceed 35 feet in height.

The lot coverage shall not exceed 15 percent. In the case of lots abutting estuarine waters (as defined by Division of Marine Fisheries and used by CAMA), lot coverage shall be in accordance with the standards listed above, except that in the area waterward of the U.S. Army Corps of Engineers 404 fill line, lot coverage shall not exceed 15 percent. If the Corps of Engineers 404 fill line is not evident or located within the estuarine AEC, as defined by CAMA, lot coverage within the estuarine AEC shall not exceed 15 percent. Lot coverage allowances shall not be transferred from one portion of the lot to another. The area necessary for shared accessways in accordance with section 48-90(a) shall be excluded from the total lot coverage allowance for an individual lot.

In those instances where a Roanoke Sound dune ridge is not evident, no principal structure may be placed closer than 70 feet of the mean high water line. In those instances where an estuarine frontal dune is not evident, no principal structure may be placed closer than 50 feet of the mean high water line.

(g)

Special development standards, conditions and requirements.

(1)

Site plan requirements. Development of a building site for any lawful use as authorized by this chapter shall require the submission of a site plan with proposed improvements for review and approval. This site plan shall be in addition to the requirement for a building permit.

The site plan shall be drawn to at least a one inch to 40 feet scale and include at least the following minimum requirements:

Existing topographical conditions of the lot showing at least two-foot contour intervals.

Components of the groundwater recharge system including streams, ponds, marshes, dunes and lowlands, bay forests and wetland swales.

Location and slope of any dunes with greater than 40 percent slope and height greater than eight feet.

Direction of movement and location of any migrating dunes on or near the lot.

Proposed building sites.

All existing trees which are at least a 16-inch caliper at one foot above the ground within the proposed building site and within a 20-foot perimeter around the building site and within a five-foot perimeter around required accessways, parking areas, utility installation sites, cemeteries, hiking trails and accessory buildings.

Areas where trees are to be removed.

Specifications for the protection of existing trees during construction.

Grade changes or other land disturbing activities or construction activities adjacent to trees which could adversely affect the health of the trees, with specifications on how the grade, drainage and aeration will be maintained around the trees.

10.

North arrow, scale, existing rights-of-way and easements.

11.

If required, an approved soil erosion and sedimentation control plan.

12.

Proposed location of septic tanks and drainfields.

The proposed building site shall be staked on the lot.

All trees which are to be removed shall be clearly marked on-site with tape, paint, ribbon or other appropriate means.

(2)

Site design. The following design criteria shall be satisfied, except where the board of commissioners finds an alternative design scheme which provides equal or better performance standards regarding the intent of this chapter and to protect the natural features of the SED-80 district protected under this section:

The filling or dredging of ponds or marshes or streams or wetland swales is prohibited unless permitted by CAMA or the Corps of Engineers.

The grading or other alteration of dunes with greater than 40 percent slope and height greater than eight feet is prohibited.

The removal of any tree with a caliper 16 inches or greater is prohibited, whether or not they fall within any building site, septic area, driveway, road or utility easement, except as provided in subsection (3)a.3 of this section.

The removal of any tree with a caliper greater than four inches measured at one foot above the ground is prohibited except for those trees which are exempt under subsection (3)a.3 of this section, or those trees that are:

Within the principal building site, exclusive of decks, and within a 20-foot perimeter around the principal building.

Within a required accessway, parking lot, driveway, utility installation sites, cemeteries, hiking trails and accessory buildings and a five-foot perimeter around these areas.

Within the septic tank nitrification field and an area around such field as determined by the county department of environmental health as to ensure proper functioning of the septic system.

Trees less than four inches in caliper and weeds, vines, bushes and similar ground vegetation may be removed, provided that no land disturbing activity occurs and that the leaf litter, mulch, topsoil and similar materials are left undisturbed. However, no vegetation shall be removed from the western slope of the Roanoke Sound dunes ridge or the western slope of the estuarine dune ridge.

The sewage septic tank and other utilities shall be located to the maximum extent feasible on the edges of areas that have been cleared for access and building purposes and shall satisfy the legal requirement of county, state and federal authorities.

The draw-down of groundwater, except for on-site wells designed to serve buildings on individual lots, and the alteration of natural drainage patterns are prohibited.

No building, vegetation removal or land disturbing activity shall occur on the western slope of the Roanoke Sound dune ridge. No building shall be permitted within 70 feet and no vegetation shall be removed or land disturbing activity shall occur within an area 50 feet easterly of the western ridge of the Roanoke Sound dune ridge. No building shall be permitted within 70 feet and no vegetation shall be removed and no land disturbing activity shall occur within 50 feet westerly of the toe of the western slope of the Roanoke Sound dune ridge.

On lots which are adjacent to the Roanoke Sound and where the elevation of the estuarine frontal dunes exceeds 15 feet above mean sea level, the topography of the dune may be altered as follows:

The area graded shall be of minimum size necessary for the placement of a principal structure on a building site.

Finished graded height of the dune shall be equal to or greater than 15 feet mean sea level.

Vegetation may be removed from the top and eastern slope of the dune.

No grade alteration, land disturbing activity or vegetation removal will be permitted on the western slope of the dune.

Any sand removed shall be relocated in such a manner as not to damage existing trees greater than four inches in caliper.

The finished topography shall be aligned with and graded with existing neighboring dunes in such a manner as to minimize erosion.

All principal structures shall be set back 50 feet from the western toe of the estuarine frontal dunes.

Areas where land disturbing activity has occurred shall be stabilized with appropriate erosion control measures within 30 days of the beginning of land disturbing activity.

All pedestrian accessways from the top of the dunes to the Sound shoreline shall be raised on pilings and shall be no more than six feet wide.

All structures shall be located at least 130 feet westerly of the eastern boundary of the ridge line forest vegetation. The removal of any vegetation within 100 feet westerly of the ridge line forest shall be prohibited except as provided by this chapter.

The clearing of land to provide access to the building site shall be minimized; including the clearing of the forest under story. The use of shared driveways is encouraged. Driveways shall be a maximum width of 12 feet which will allow for access by one vehicle, however when serving three or more residences the driveway width may be increased up to 20 feet. Driveways shall follow the natural contour lines of the land insofar as possible and shall be clay, gravel, porous asphalt or like-porous surface.

Uncovered decks may extend into the 20-foot perimeter around principal structures and to any area which does not require the removal of trees greater than four inches in caliper and/or any areas which do not require grade changes or land disturbing activity. Decks shall not extend beyond the point of beginning of the western slope of either the Roanoke Sound dune ridges or the estuarine frontal dunes.

The board of commissioners may permit the removal of vegetation and may permit land disturbing activity through the Roanoke Sound dune ridge area or the ridge line forest area as regulated in this section to allow reasonable access to a principal building sites. In granting such access, the board of commissioners may require additional environmental protection measures to secure the basis and purpose and intent of this chapter.

All parts of all principal structures within a residential cluster of three or four units shall be located within 250 feet of a fire hydrant. Existing lots and parcels shall have no fire hydrant requirement unless to be developed as clusters of three or four units. Lots and parcels created after the effective date of this chapter, August 4, 1993, except those to be developed as clusters of three or four units, shall have fire hydrants spaced in accordance with the requirements of chapter 38, subdivisions, of this Code.

(3)

Standards of review and approval procedure; intent and purpose. When selecting the building site, the applicant shall adhere to the following standards and to the intent and purpose of this section:

Building site selection. The board of commissioners or planning and development staff, whichever the case may be as described in subsection (g)(3)b of this section, shall review and may approve the proposed improvements site plan indicating the proposed building sites before a building permit can be issued. The most suitable building sites are those areas that require the absolute minimum alterations of the natural vegetation, topography and groundwater systems. Evaluation of site suitability shall use the following additional criteria:

Existing unforested land areas shall be considered as the most suitable building sites, unless such a selection would threaten the health of the vegetation by stimulating dune migration or cause extensive salt mist intrusion into the Woods or would involve alterations or development prohibited elsewhere in this section.

Where vegetation must be removed for the building sites, the most suitable sites will be the sites which disturb the minimum number of healthy trees and vegetation. In approving the building sites, the board shall consider the density, height and variety of the vegetation to be removed, so as to preserve those forest stands which provide the most protection from storm and salt spray and maintain the unique natural diversity of the plant species in the Woods.

The planning and development department may approve the removal of any tree which:

Poses a safety hazard to pedestrians or vehicular traffic or threatens to cause disruption of public service;

ii.

Poses a safety hazard to a building; or

iii.

Is diseased or weakened by age, so as to pose a safety hazard.

The board of commissioners shall review and may approve the removal of any tree greater than four inches in caliper where:

The board of commissioners find in their opinion no reasonable alternative building site and/or supporting facilities can be located on a lot; or

ii.

The removal is necessary to construct proposed improvements as a result of: need for access around the proposed structure for construction equipment; need for access to the building site for construction equipment; essential grade changes; surface water drainage and utility installations. However, removal of trees greater than 16 inches in caliper is prohibited unless subsection (g)(3)a.3.i, ii, iii or subsection (g)(3)a.4.i of this section apply.

The topography of the site shall be evaluated for overall development suitability so that all structures shall be constructed below the canopy of existing tree cover.

Site plan approval process.

Single-family and clusters of two units. Site plans for single-family and clusters of two dwelling units shall be reviewed by the planning and development department. The planning and development department may approve site plans when the dimensional requirements and standards of this chapter are met and when no trees 16 inches or greater are requested to be removed.

Clusters of three or four units and all other development. The planning and development department shall review the proposed site plan and forward the site plan to the planning board and board of commissioners for review and approval. In granting approval, the board of commissioners shall consider, in addition to this article, article XIV of this chapter and all other applicable town codes and ordinances.

Subdivisions. Subdivisions shall be as provided for in chapter 38 of this Code.

(h)

Mitigation requirements. In order to protect and reestablish natural vegetation during and after construction, the following mitigation actions are required:

(1)

The approved soil erosion and sedimentation control plan shall be in effect within 30 days following completion of land disturbing activity and vegetation removal. Suitable native vegetative cover shall be established within the next growing season. Prior to the issuance of any required building permit, a soil erosion and sedimentation control plan shall be approved by the town.

(2)

The developer or his agent of the property for which a site plan has been approved shall notify the planning and development department before any vegetation is removed. The notification shall indicate when the vegetation will be removed, and the building inspector shall conduct the necessary inspections to ensure that the vegetation removal is in accordance with the approved soil erosion and sedimentation control plan and that the approved soil erosion and sedimentation control plan is properly in effect.

(3)

To eliminate pest and disease damage to vegetation, any pruning or damage done to trees during construction should be properly attended to using accepted silviculture practices.

(4)

Tree damage: Any tree damaged during construction, or damage occurring as a result of such construction, shall be dressed and patched according to accepted arboriculture and silviculture practices. Tree damage shall be repaired prior to the issuance of a certificate of occupancy.

(5)

Site plan: Prior to the issuance of a certificate of occupancy for the development site, the planning and development director or his designee shall inspect the site for the purpose of certifying compliance with the requirements of the site plan. Posting surety in lieu of actual compliance with an approved site plan may be permitted, provided that compliance with the approved site plan shall be obtained within 180 days.

(i)

Enforcement. Enforcement in the SED-80 district shall be as follows:

(1)

Failure to comply with the requirements of the approved site plan shall be considered a violation and shall be subject to the immediate issuance of a stop work order by the building inspector and to the other procedures and remedies of this section, this chapter and this Code which may apply.

(2)

Any sand, soil, dirt or earth which has been removed, relocated, graded, excavated, added to, filled or disturbed in violation of this chapter or any applicable town ordinance, and any naturally occurring trees, shrubbery, grass or other naturally occurring vegetation which has been killed, damaged, destroyed or removed in violation of this chapter shall be restored or replaced within 60 days of notice from the building inspector. All replacement trees shall be at least ten feet in height or have a caliper of not less than two inches. Each day after the 60-day period that the violator fails to perform such restoration or replacement shall constitute a new and separate violation.

(3)

Additional remedies: In addition to the criminal penalties provided by this article and section 1-6, the town may initiate proceedings before a court of competent jurisdiction to obtain enforcement of any provision of this article by prohibitory injunction, mandamus, affirmative injunction or order of abatement, as provided by G.S. 160A-175. Enforcement may be by one, all or a combination of such remedies.

(Code 1990, § 22-352; Ord. No. 03-08-040, §§ 19, 20, 38, 8-20-2003; Ord. No. 03-10-046, § 7, 10-1-2003; Ord. No. 05-12-050, § I, 12-7-2005; Ord. No. 08-02-008, § XI, 2-6-2008)

Fairness and taxes

noreply@blogger.com (BOBXNC) — Mon, 07 Jun 2010 16:13:00 +0000

A lot has been written lately and even more said, about how tax revenues are shared amongst the towns and Dare County. The Outer Banks Voice reported that Manteo's elected leader's considered raising taxes just to protect their share of shared revenues. Rob Morris put his two cent's worth in yesterday in both the OBXVoice and the Va. Pilot. writing:

As a former English major, I have a hard time explaining the math behind how they carve up the proceeds of various taxes among Dare County and its six towns.
I have an even harder time understanding why they continue to do it that way.
So does Kill Devil Hills Mayor Ray Sturza. “It’s sad, it’s silly, it’s counter-productive,” he said last week.

I thought I would lay out the specifics (and the math) that underly the problem and then look at the impact any changes might have on the town budgets. Finally I hope to share a few words about tax fairness and how that might play into the discussion.
The Taxes
First lets look at the tax revenues involved: Local option sales tax, a share of the occupancy tax and the land transfer tax. Each one has it's own story and a little different sharing revenue.
Sales Tax: There are actually 3 local option sales taxes. 2 half cent taxes and 1 full cent tax. They are collected by the state and returned to Dare County for distribution. By state statue the county can chose to distribute either based on population or by adding up all the property taxes levied by the county and towns and giving each government a share equal to its percentage of the total of taxes levied. Currently the county uses the levy method. The table below shows this better:

	Tax Levy	% of total
Dare	$45,288,315	71.7%
Duck	$2,442,750	3.9%
Kill Devil Hills	$5,328,985	8.4%
Kitty Hawk	$2,476,750	3.9%
Manteo	$1,405,000	2.2%
Nags Head	$4,513,424	7.1%
Southern Shores	$1,670,000	2.6%
	$63,125,224

Here is a graphic representation of the current distribution;

Occupancy tax: Dare County collects 5% occupancy tax on lodging. one cent goes to the Dare County Visitors Bureau and another goes to the Beach Nourishment fund. The remaining three cents are split between the county and the towns on a fixed percentage. As set by the statute authorizing the tax, the town's share is distributed to each municipality based on its tax levy as a percentage of all the municipal property taxes levied.

Land Transfer Tax: This tax was levied around 1990 to fund capital projects for the county and the Town's. Initially Dare County received two thirds of the revenue and the towns the remaining third. After 12 years the ratio was reversed and now the towns share 2/3s of the revenue based on the percentage of levy formula used in occupancy tax. Dare County gets the remaining third.
There is a slightly dated but still good presentation about the particulars on the Dare County Finance Dept. website.
The Distribution Formula
There are four distribution formula commonly suggested in debates about these revenues,. the levy formula currently in use, per capita (by population) point of origin and assessed value.
Levy: as previously explained each entity gets a share equal to the percentage of the total property taxes it levied.
Population (Pop,) This formula allocates money based on the percentage each entity has of the sum of the populations of the participating governments. The table below shows these totals and percentages using 2000 census data.


County and towns	Pop,	%
Dare	29,967	66.2%
Duck	448	1%
Kill Devil Hills	5,897	13%
Kitty Hawk	2,991	6.6%
Manteo	1,052	2.3%
Nags Head	2,700	6%
Southern Shores	2,201	4.9%
Total	45,256

Point of Origin: Under this method taxes would be returned to each jurisdiction based on where the tax was paid. Revenue from rental cottages in Nags Head would go back to Nags Head, Manteo revenue to Manteo. There is data for this for the occupancy tax, though it is very closely held. I used data from 2005, the most recent data I have access to. This could also be computed for the land transfer tax but I do not know that anyone has actually done that. My expectation would be that it would be similar to the ratio of assessed value assuming properties sell somewhat randomly throughout the county. There is no data for the origin of sales tax at the municipal level so this formula could not be used to distribute sales tax revenue.
Property Value: This method would reward the towns based on their total assessed valuation as opposed to their tax levy.
The table below compares the 4 methods for the municipalities.


	Levy	Population	Origin	Property Value
Duck	11%	3%	27%	18%
Kill Devil Hills	30%	39%	21%	23%
Kitty Hawk	15%	20%	5%	12%
Manteo	8%	7%	3%	6%
Nags Head	26%	18%	36%	27%
Southern Shores	10%	14%	8%	15%

It is easy to see that each formula has big winners and losers. The choice of a distribution formula has very real implications for tax rates in each of the towns and the county. Given that it is important the formula have some type of equity or fairness basis. The next chart show the % change in distribution for each entity if the County converted to population from levy and second shows the % change in distribution for each town for each of the possible formula

There are clear winners and losers for each formula. Dare County loses revenue if it choses to use population to distribute sales tax so there is no incentive for it to change. Our focus then will turn to the occupancy and land transfer taxes shared by the towns.
Lets talk first about the arguments for each method:
Population: This method assumes that the need for money is based on the number of people and generally this is the case however, as we see so often in Dare County using census population data skews the results since the census does not account for summer tourist load and non resident property owners. Under the population formula towns with large permanent populations get big shares regardless of either their need for the money or the actual amount of service they are providing. Towns with large tourist populations (Duck and Nags Head) are the big losers.
Point of Origin: This formula assumes that the money should go back to where it is generated. that there is a correlation between the commercial activity the generates the tax and the need for the funds. This formula also skews the current distribution model with the towns that lose in population winning big in point of origin. It punishes towns with large permanent resident colonies that don't pay occupancy taxes.
Assessed Value This formula assumes that the property value equates to the need for services. It acutally shows little change from the levy method and would offer the advantage of not being impacted by tax increases. However linking tax value to the need for dollars misses the distorting impact of high value ocean front properties
Levy: The current formula assumes that every dollar paid in property taxes is equal. It rewards towns who provide high levels of service and rewards tax increases. It does provide a level of uncertainty when there are shifts in tax rates though I would argue that uncertainty is dwarfed by the uncertainty in just how much money will be generated by these taxes. We have seen land transfer tax reduce government revenues more than any shift in the formula ever would.
Unlike the population method, the levy system accounts for non resident population and unlike point of origin it accounts for areas of permanent homes that don't pay occupancy tax. It treats every tax dollar equally. A dollar paid in Southern Shores gets the same match as a dollar paid to Manteo. Every other distribution method treats taxpayers unequally, rewarding or punishing depending on the type of town they happen to own property in.

Should we base our formula on a method that ignores the commercial realities of high tourist loads (population) or should we reward the town's that handle the commercial traffic at the cost of shortchanging the town's with large permanent resident populations? I would argue we should do neither but that we should use a formula that treats everyone equally and the only formula that does that is levy. Yes it gives more to those who tax more but it allocates the funds based on real need not on some other construct that misses a key component of the community.

I hope this discussion clarifies the various formula and the relative impacts of each one. Maybe now that English major will rethink his call for change and endorse the only fair distirbution formula for Dare County.
Ciao

Postponing the Storm or Why You Should Thank Your Commissioner

noreply@blogger.com (BOBXNC) — Sat, 20 Mar 2010 16:27:00 +0000

If you own property in Dare County the odds are you got a tax cut on Monday night. The Dare County Board of Commissioners postponed the county-wide property tax revaluation from next year to 2013. If you don't own ocean front property you can call your Commissioner and say thanks. The odds are very good they just saved you a bunch of money.
Here's the skinny, when the county last revalued property for tax purposes the value of ocean front property was at an all time high, both in absolute terms and relative to other coastal property. This means that ocean front property assumed a major share of the property tax burden. In Nags Head, under the current valuation, property east of the beach road accounts for about more than third of the total property value for the town. Even though it is about 20% of the total parcels in the town. Ocean front owners felt the sting of revaluation in 2005 when their bills jumped substantially more than the 10% that tax revenue was increased.
Now the situation is reversed. In the declining real estate market ocean front and other high value properties will result in a tax bill decrease for those owners whose property has dropped in value much more than the more affordable homes in the County and an increase for the majority of non ocean front owners. While ocean front homes are seeing prices drop by as much as 50%, homes in the lower price ranges have only declined 10% -15%.
So what does this mean for revaluation? Its pretty simple, if the county uses current values a much greater share of the ad valorum tax burden will fall on residents and non ocean front owners.
To try to get a handle on just how much I worked up an example. I used 3 properties. An oceanfront with an old value of $1,000,000, two Westside properties valued at $500,000 and $300,000 respectively. For the purpose of the example I used a tax rate that generated a total $1,000 in taxes from the properties. Then I adjusted the values to reflect the new reality, decreasing the Ocean front value by 50% and the Westside by 25% and 10% respectively. This results in a tax savings of over 20% for the oceanfront and a tax increase of over 40% for the lowest value property. The table at the close of this piece lays out the numbers, The chart below shows the change in dollar amounts for each property.

This chart does not perfectly reflect the distribution of value from oceanfront to the west side but it does provide a sense of the potential impact of revaluation. You can make your own calculations if you desire.
Imagine the storm of protest when the Commissioners adjust the tax rate to reflect the new values 70% plus see increases ranging from 10% to 40%. The county staff noted that revaluation "will result in a small tax increase for a significant number of Dare County residents" (see Note 2 for the staff's full discussion) No one knows exactly what the impact would be but there is not doubt that for the lowest value properties in the county the increase could be substantial.
The Commissioners made a decision to postpone the storm for a few more years. Interestingly, both the initial postponement from 2010 to 2011 and the second to 2013, had the effect of placing the change in a year with municipal elections rather than county commissioner balloting. If there is going to be a storm, I guess it will fall on town leaders. You will have to wait a year to let the county board know what you think at the ballot box.
Revaluation is often combined with effective tax increases. Many years ago it was pretty easy to hide this effect but the state now requires that local governments publish the revenue neutral tax rate - the rate that would maintain the amount of tax levied. Any increase from the revenue neutral rate is a tax increase. In the last revaluation the county had a significant tax increase that was hidden from most tax bills by the effects of revaluation. This time it will be different. Any revenue enhancement (tax increase) will come on top of the shift in relative value to bulk of the taxpayers.
Thanks Commissioners. I appreciate the tax break but you can't postpone the storm forever. I hope you have your slickers on.
Ciao

Note 1:
This table lays out the calculations I used for the chart.

Impact of New Property Values on Tax Bills
	Old Values		New values
Total tax revenue	$2,000		$2,000
Tax rate	$0.111		$0.175

Location	Ocean Front	West side 1	West side 2
Value	$1,000,000	$500,000	$300,000
Property Tax	$1,111	$556	$333

Change in Value	50%	25%	10%

New Value	$500,000	$375,000	$270,000
New Tax	$873	$655	$472

Tax increase or decrease	-$238	$99	$138
% Change	-21%	18%	41%

Note 2: This is the text from Commissioners board packet explaining the current situation regarding revaluation.

Back in the fall the Board postponed until 2011 the ad valorem tax revaluation that was scheduled for 2010. At that time the Board discussed the possibility of revisiting this issue and further postponing the revaluation until 2013 when revaluation is required by the state statutes. Since the fall real estate values have not changed significantly. As such, using a revenue neutral rate for a 2011 revaluation will result in a small tax increase for a significant number of Dare County residents and will generate no new revenue for Dare County. We are at a point in the revaluation process where, to avoid added expenses and unnecessary work, the Board needs to decide whether to postpone revaluation until 2013 or continue with the revaluation for 2011.

Who's fleecing who?

noreply@blogger.com (BOBXNC) — Thu, 18 Mar 2010 21:28:00 +0000

For what it's worth I sent the following comment to NC Nightly News about this segment on the Fleecing of America

You opened with and ended with scenes of communities fighting flood risk. One seemed heroic and one horrific. You piece on the raging rivers in Fargo focused on a plan to divert the Red River. You failed to mention the cost of that project is the hundreds of millions of dollars. It would protect an area that has seen repeated flood damage and claims under flood insurance. Bravo for the people of Fargo, they are fighting the flood waters.
Lets look at a different community, coastal North Carolina. These communities are also threatened by flooding, flooding by hurricanes. Flooding the threatens the homes and businesses of just as Fargo is threatened. These communities didn't have a flood last year or the year before that but they are trying to prepare themselves in advance of the flood.
What I don't understand is why Kure Beach is fleecing America while Fargo is not. Both communities are trying to deal with floods. In both communities the projects protect value far beyond their cost. Yes the nourishment projects will need additional sand to maintain them, just as Fargo's levees will need to be maintained. The only difference is that nourishment projects will also provide a recreational amenity for the largest industry in America – tourism. How is building economic infrastructure and storm damage protection a bad thing. It may be good television but its bad journalism.
Finally lets look at New Orleans. The Nightly News broadcast has trumpeted the federally funded recovery of a great American city. This is a great story but it begs the question if we rebuild a city that is built BELOW SEA LEVEL and spend billions protecting it from flooding, why shouldn't a town in coastal North Carolina receive the same benefits. Maybe one day you will explain the difference.

Ciao

Food Tax Errors or Learning to Love Crow

noreply@blogger.com (BOBXNC) — Wed, 03 Mar 2010 18:33:00 +0000

My previous post: Food Tax redux or Fiscal Dieting 101 used the wrong data. I mistakenly picked up the Land Transfer Tax numbers instead of the Prepared Foods Tax receipts. In fact Prepared Foods tax receipts have fluctuated within a 10% range of the last three years and rose a total of 15% the 2 years prior to that.
I guess folks are still eating out about as much as they were.
I am sorry for any trouble my mistakes may have caused anyone.
Thanks to Ray at EOD and Sandy at the Outer Banks Sentinel for questioning my numbers.

BTW: Anybody know a place that serves black birds - preferably fried crow?
Ciao

Food Tax redux or Fiscal Dieting 101

noreply@blogger.com (BOBXNC) — Tue, 02 Mar 2010 16:11:00 +0000

This post is all wrong. I used Land Transfer Tax reciepts not Prepared Food tax receipts. Thanks to those who questioned my numbers

Reading Russ (Russ's Outer Banks Journal) and Ray (Eye on Dare) debating the impact and equity of Dare County's Prepared Meals tax got me wondering what the impact of our economic downturn has been on restaurant revenues. We hear from the Outer Banks Visitors Bureau that vistors are still coming but the meals tax revenue tells a different story. Collections have dropped dramatically from a high of $15,186,779 in FY 04-05 to a mere $4,029,807 last year with little relief in site.
The chart above provides graphic proof of the downward trend. The bars are monthly collections and the red line is a rolling 3 month average that smooths out the collection peaks and provides a better seasonal trend line.
What this says is that everyone - tourists and locals alike are spending a lot less money on eating out and that means a lot less money in the pockets of all the wait staff and kitchen staff not to mention restaurant operators. I suspect that restaurant spending is mirrored in souvenir spending. The food tax numbers are much easier to extrapolate the the sales tax numbers that include so many different types of goods.
Russ and Ray had different takes on the impact of this tax on locals. Ray saying pointing out that locals paid it along with our guests while Russ points out that the actual amount of the tax on each meal is immaterial. Actually both are right and I will show you how.
Russ already demonstrated that $1 tax on a $100 dinner probably is not the deciding factor in most peoples minds. I know that my choice of a large coffee as opposed to the double mochachino that Russ drinks isn't based in the 3 cents tax savings. However locals do eat out. wander into Mama Kwans or Island Pizzaria or the Bubba's Bar B Que and you will see your friends and neighbors, more now than in the summer but every meal gets taxed.
Lets assume that half the meals tax revenue in the winter months is paid by locals. That is a conservative assumption for starters, Looking at the monthly totals we see that winter collections are about two thirds of the summer month collections. That means that even in summer, locals generate about a third of the meals tax (assuming their eating habits are consistent). For the peak year this means that locals paid about $4,000,000 in FY 03-04 or $1,600,000 last fiscal year. Assume 30,000 locals and thats $147 for every man woman and child in the county in FY 03-04 or $52 last year. Multiply that times 2 or3 or 4 family members and it starts to add up. You can argue the assumptions at the margins but any way you figure it the locals ante up a healthy (or unhealthy depending where you eat or what kind of tea party you like) amount in prepared foods tax.

OK so what? you already knew all this from reading Russ and Ray. What this points out is that while the prepared food tax hits locals there is a tax that doesn't. When you compare the occupancy tax to the prepared meals tax the differences is dramatic. For meals the low is about 66% of the peak but for occupancy the Feb. revenues are no more than 3% of the peak. There are virtually no tourists in Feb and hence no taxes. If you want a tax that tourists pay and locals don't then occupancy is your tax of choice. I know you wanted another chart so here is the same chart as above but for occupancy tax. Wow what a difference.
Which finally leads us back to Nags Head and beach nourishment. When Mayor Bob Oakes drafted his funding plan for local nourishment projects he chose a new occupancy tax as the primary funding source. This is both a shrewd political and financial choice. This tax has been more stable and more palatable. It undercuts opposition to nourishment based on the "I don't want to pay for it" rationale. Assuming it gets levied, it will be interesting to see if this tax gets repealed as the sales tax was overturned. It will be a harder sell since its pretty clear that locals don't pay much of this tax.

OK, that's my 2 cents worth. Hope I have enough left to cover the tax on a "No Name" at Country Deli - tax or no tax still the best sandwiches east of Jockeys Ridge.
Ciao

Nags Head's Bad Decision

noreply@blogger.com (BOBXNC) — Thu, 18 Feb 2010 15:35:00 +0000

The Nags Head Board of Commissioners made a really bad decision with a recent appointment. They sent a loud and clear message that they are not to be crossed and that they aren't interested in what Nags Head residents have to say about their policies. No, I don't mean the appointment of former Mayor Renee Cahoon to fill the vacant Commissioner's seat though some might view that action as an insult to Nags Head voters. I am referring to the BOC's decision not to reappoint John Ratzenberger to the Town's Planning Board. It was a clear signal from the board's majority "if you disagree with us, we will punish you".

A little background is probably in order here, Ratzenberger is still listed as the Chairman of the Town's Citizen's Advisory Committee (CAC). That group has not met in over 6 months and the Town's web site lists its schedule as “meets as needed”. This board used to meet every month then shifted to bimonthly. During 2009 meetings became less and less frequent despite attempts by the Chairman to hold meetings. The BOC questioned the need for the CAC and discussed disbanding it. The CAC is a forum for public opinion. The Chairman wanted to use it to explore issues facing the town like environmentally sensitive development. The BOC wasn't interested. Ratzenberger discussed the role of the CAC with elected leaders and even sarcastically suggested disbanding the group if the BOC didn't want them. After Bob Oakes' election as Mayor, Ratzenberger spoke openly about hoping to revive the committee and increase public input into the Town's policy making process.

Now Ratzenberger is off the Planning Board, not reappointed after his first term. The reason given by the board members who opposed his reappointment was that “the Planning Board needed new blood”. An interesting position to take as they choose to reappoint two members who had served longer than Ratzenberger. They needed blood alright, Ratzenberger blood. The message was clear “Cross us at your own peril”. [the vote was 4-1 with Mayor Oakes opposed]

This seemingly petty decision takes on an entirely different role when viewed through the lens of the Town's efforts to restore the our beaches. John Ratzenberger and his wife Annette have been leaders in this struggle. What's more they have been leaders on the front lines, for they live in south Nags Head, not on the ocean front but in the area most impacted by erosion. John Ratzenberger worked tirelessly to convince voters to support the 2007 referendum and is probably more responsible for its passage amongst ocean front property owners than other individual. Annette Ratzenberger served with me on the Finance Committee for the bond plan. Her work was essential in crafting that model and in the efforts to pass the financing plan.

After the 2007 vote the Ratzenbergers remained stout advocates for an engineered solution to the beach. They supported the Commissioners in their quest for permits to nourish the beach and their efforts to find ways to pay for the project. As recently as last month they were circulating drafts of Mayor Oakes' financing plan and providing feedback to help improve it. In short they were the most vocal and hardworking advocates the Board had for its single most important initiative.

And the Commissioners fired them. Annette Ratzenberger has resigned from the Town's Board of Adjustments. I don't know the reason she gave if she gave one. She didn't need to, the timing speaks volumes.

The Ratzenbergers are smart, active people. They have plenty to do without their Town involvement. They may stay peripherally involved in the erosion issue but not because they need to, only out of selfless sense of duty. They same sense of duty that motivated their years and years of service to the US Army ~~Corps of Engineers~~ [note: John and Annette were Army not CoE - my mistake]. They don't need the town.

But the Town desperately needs them and a lot more like them. There is no groundswell of popular support for beach nourishment. There may be a growing acceptance that something needs to be done but even that is but a whisper in most corners of Nags Head. The Board of Commissioners needs active, outspoken advocates like the Ratzenbergers and nowhere do they need them more than in south Nags Head. I don't know where the Board will find them when people see how the Board treats its friends.

Let me close as I should have opened, by thanking John and Annette Ratzenberger for their service to our community; for their hard work to build a better Nags Head and for their willingness to speak truth to petty powers. I know that you will survive the hurt the Town has handed out but I am not sure the Town will survive if it keeps hurting its closest allies.

Ciao.

Good Advice

noreply@blogger.com (BOBXNC) — Mon, 01 Feb 2010 16:41:00 +0000

I appreciate the notes and comments from people who have missed my missives. When I was growing I had a single refrain drummed into my head. My mother was a wise woman and if she told me once she told me a hundred times "If you can't say anything nice don't say anything at all."

.....

Ciao

What Happened in 2009

noreply@blogger.com (BOBXNC) — Thu, 31 Dec 2009 18:13:00 +0000

Time to look back at the past year and try to pick out some of the highlights. You can compare what happened to what I said Would Happen in 2009. 2009 didn't start very well but it ended with some very exciting events and portends a great 2010.

We got puppies. (see below)
I had medical problems early in the year. In fact I was in the Outer Banks Hospital for 5 days in Feb. with an infection in my leg. All of Feb, March and April were spent on my back with my leg elevated with only small amounts of time up and moving around. The issues finally started in straighten out as summer came but it appears I will have some manageable but chronic issues with my legs.
I started the year planning to take part in the Avon walk for Breast Cancer. My goal was to complete a marathon and a half marathon over 2 days. My leg problems cut this effort off at the knees (so to speak). I did however complete a half marathon while training and have now resumed walking (intermittently). My sincere thanks to everyone who supported my Avon efforts. Even though I didn't get to walk your contributions helped a good cause.
2009 marked my (hopefully brief) return to Nags Head politics. No, I didn't run for office but I did play a role in Bob Oakes successful campaign for the office of Mayor. We started in July and worked through election day. We created the web site, Facebook page and other campaign items. It was fun to see a plan come together and, of course, it is always better when you win. That said I have no intention of playing an active role in the Town's decisions. I have a great deal of faith in Bob and the other board members to do a good job.
We got puppies. In December Carole and I became the proud parents of Lizzie and Macy, 2 gorgeous miniature schnauzer puppies. They have taken a large part of my time this month and will for years to come. I refer to them as the poopies because it sometimes seems that poop is all the know. Still they are affectionate and very lovable.
It was a down and up year for the Outer Banks site of the Duke Nonprofit Management training program. Spring classes were lightly attended but the fall semester went very well. All 3 classes were more than half full. Here's hoping I have learned something about how to get the word out about classes. Facebook has been good for this.
Facebook played a role in this year as well. I spent time nearly every day touching base with friends and neighbors around the country and a few overseas. I haven't been blogging much and FB takes some of the blame. Without a doubt FB has filled time previously used for positing. I enjoy Facebook and even dabbled in Twitter some. Facebook is a great way to reach people and share information. Perhaps the best example of this is the FB group that was started in an effort to show public support for keeping the original name for the new pier being built in Nags Head. Over a weekend we had 500 members and in a week over 1,000. We had enough members that even the Governor noticed and recognized the importance of the cause at the groundbreaking.
I continued to feed my geek side with a major milestone in May. For my birthday I built (assembled) a new PC from parts I selected. It booted on the second try and I am working on it as I write. I learned a lot about computers through the process and plan to keep doing work in this vein. For my fellow geeks my machine sports and AMD quad core processor, 8 Gb. of RAM, a gig of video ram and a terrabyte and a half of disk space. It boots in 3 different OSs Vista, Win 7 (beta) and Ubuntu linux. The 2 MS products will be consolidated to a single Win 7 partition soon.
One Sunday afternoon my 5 year old buddy Dylan called down to see if he could come over. When told I was busy he observed "I guess he has a meeting". Yes I do meetings. Meetings for the Outer Banks Commnunity Development Corporation, Outer Banks Create the Future Initiative, Eure Outer Banks Arts Center, the Jennette's Pier advisory Committee, the Dare County Democratic Party and a few more. Hopefully I am adding something to each. It was good to see construction start on the new pier after 6 years of work. The OBCDC should see big progress in 2010 but this year was a learning year mostly. OBCFI made big organizational progress and is primed for major successes next year, while the Eure Center did not succeed and now appears dead in the water. These meetings share a common purpose of trying to make the Outer Banks a better place to live both in the short and long term. These meetings bring me in contact with a group of very talented and committed people, a list to long to detail here. Let me just say thank you to everyone associated with these efforts. Thank you for your dedication and commitment, it is an inspiration to me.
Did I mention we got puppies. I did,OK.
2009 marked the 40th anniversary of my graduation from the Westtown School, a coed Quaker boarding school outside Philadelphia. Our reunion was a lot of fun and keeping up with classmates on Facebook has made it even better.
Finally, and perhaps most importantly 2009 marked the 20th anniversary of my marriage to Carole. She has been a great partner and I don't know what I would do with out her. All my love and thanks to her for putting up with me this year and in years past.

Thanks for being a part of my 2009. I hope your year was at least as good as mine and your 2010 is even better.
Ciao

Serendidipity must go.

noreply@blogger.com (BOBXNC) — Wed, 18 Nov 2009 17:00:00 +0000

Sad Future originally uploaded by esc831976

The Island Free Press is reporting that Serendipity, the iconic house from the movie Nights in Rodanthe, must be moved or demolished. This may begin to answer the question I posed in this blog post about what position the County will take on homes that now sit in the ocean. Read the article for a sense of the personal loss and bureaucratic problems associated with condemning the home.

Sturza says the county will “light a fuse,” to get the process going, but that several agencies are involved in the final solution.

“We just think it’s time,” Sturza said.

Serendipity’s septic tank and drainfield have been destroyed or damaged in several recent storms, including this week’s. Under current Coastal Area Management Act laws, an owner gets one exemption to replace it.

Sturza thinks Serendipity’s owners have had that chance.

He says a bigger issue is whether the house is still on private property or whether the beach has eroded so much that it is now in the intertidal zone -- state public trust waters.

The story continues.
Ciao

Storm sprouts new blog finds

noreply@blogger.com (BOBXNC) — Tue, 17 Nov 2009 14:39:00 +0000

One of the unexpected consequences of extraordinary events like the November nor'easter is new news sources. Following the storm and finding images led me to two blogs originating on Hatteras Island. One is by respected photographer Michael Halminski, the other by surf shop owner Drew.
Check them both out. Great photos and insight into Hatteras Island.
The Pursuit of Paradise
and
Michael Halminski Photography

Both highly recommended.

What Next for South Nags Head

noreply@blogger.com (BOBXNC) — Mon, 16 Nov 2009 16:26:00 +0000

The aftermath of the November nor'easter raises some interesting questions for the Town of Nags Head and Dare County.   The South Nags Head area has been hit hard while it appears that some parts of northern Nags Head actually gained sand from the storm. I posted a slide show of photos form the storm in my Picasa gallery. The photo to the left shows the area that demonstrates the challenges the town faces.
This is the Seagull Dr. area. Homes here have been sitting below the high tide line, protected by a large wall of sandbags, since hurricane Isabel.   The owner of the homes has added bags, replaced septic systems and generally done everything he could to keep the rental homes habitable. The homes were protected by sandbags before Isabel and some people, including me, believe that these bags increased erosion directly to the south of the area.
As the photo shows the bags have finally failed, the homes sit clearly in the ocean and sand and street behind the homes has been taken by the ocean. IT IS TIME FOR THESE HOMES TO COME DOWN. and this is the question facing local governments. I have no doubt that the owner will apply for permits to haul sand to the site to fill in behind the homes and to install new sandbags. He needs the sand so he can install new septic systems for the homes.   It may be that he will decide the ocean has finally won but this area has a history of coming back again and again and the owner has a history of appealing to the town for one more permit. To his credit he has invested his money, not the public's, in protecting his homes but the town and the Dare County health department has enabled his actions by providing permits.
The Town has condemned the houses for a variety of reasons, no water, no septic and structural problems. Water will be restored to the area to serve the homes in the next row to the east. Likewise the town will have to help solve access problems for these homes as well.   This could involve restoring the gravel road that served this area for the past few years. Hopefully the Town will look for access from the west, behind the homes rather than try to restore the road. Physcially the homes can be restored, stairs replaced etc. What is most problematic is the septic systems. The Dare County Health dept has a history of providing septic permits that allow tanks and drain fields to be installed very close to the high tide line, right on the beach. I suspect that county doesn't want to block reconstruction through inverse condemnation (the taking of property through permiting rather than purchase). If the owner can't get septic permits then the properties are useless.    Don't count on the health dept to block reconstruction.
It will fall to the Town to take steps to insure the removal of these homes. The town has the legal authority to force removal but it has proven problematic over the years. Board members are loath to tell owners their homes have to go. They hear passionate pleas about the financial loss and generally give owners one more chance. Sometimes the owners just disappear, forcing the town to go to court to get the property torn down. or the owners try to block the town by challenging its condemnation orders and fighting the battle in court hoping the town will tire and allow the home to used one more season.
The first round in this fight will come this Wed. Undoubtedly the board will be asked to restore the road and the water lines. The board will hear from property owners who want to rebuild. and reinstall sandbags walls to cut off the beach. Hopefully the board will not follow their past path but will just say no.    Time will tell.
One Nags Head resident, commenting on my photos, put the issue in a very good perspective:

Sad to see South Nags Head as a construction waste dump which was totally avoidable if these "known" in the ocean houses were demolished by local business on a "calm day" rather than relying on our biggest ocean front demolisher, the Atlantic Ocean.
"Hopefully these places are going to be demolished and brought down. Its sad to see South Nags Head as literally a dump for construction waste from all these "in the ocean" houses. There should be a strong proactive movement to bring them all down in an orderly manner as compared to allowing the Atlantic to create this huge mess.

Ciao

Results

noreply@blogger.com (BOBXNC) — Wed, 04 Nov 2009 02:44:00 +0000

It takes a lot to make me happy these days. But I am gleeful about the results in the 2 major contested municipal races. Bob Oakes defeated Renee Cahoon by a meager margin 54% to 46% with rounding. More gratifying however was Hal Denny's stunning defeat of incumbent Mayor Don Smith. The margin was a whopping 70% to 30% It was so one sided that it got a write in candidate elected over Brian Madonald, a fairly popular incumbent who was tied too closely to Smith.
Here are the final totals - unofficial until certified next week but unlikely to change.

More later but it is a good night for good government on the Outer Bank.
Bob

Nags Head and SS elections - endorsements and more

noreply@blogger.com (BOBXNC) — Fri, 30 Oct 2009 14:26:00 +0000

Let's get this straight up front. I am Treasurer of the Committee to Elect Bob Oakes. I have been working on his campaign since he decided to run. I am definitely not a disinterested bystander but then I am not sure that I would be in any Nags Head election.
I support Bob because he is the best candidate to get Nags Head focus on deciding what is wants to be in 20 years then moving us towards that future. Towns are a lot like rivers. They have a lot of activity but don't change course very often. Only consistent effort over long periods of time dictates where they end up. Nags Head needs to refocus on specific elements of vision and then start to implement them, not just in zoning code but it political and social dialog action. Nags Head didn't get The Village at Nags Head, the Outer Banks Hospital or the Nags Head Elementary school by passing rules. It got them because boards under three different mayors made phone calls, held meetings and solve problems to get these community assets located in the Town. The current board has lost that drive and focus. I believe that Bob Oakes is better equipped than his opponent to achieve that.
I am not alone feeling this way. Take a look at what Russ Lay has to say about his choice in the Nags Head Mayor's race. I know Bob appreciates the support of the Outer Banks preeminent blogger.
If you want to learn more about Bob Oake's stands then visit oakesformayor,net, our campaign website.

The local blogosphere has really heated up over the race in Southern Shores. Former Mayor and my good friend Hal Denny is running againgst incumbent Mayor Don Smith. This blog has not been kind to Don Smith over the years but I won' relive those battles. I will suggest that you visit 3 blogs with great insight into the races.
Eye on Dare has a good piece that sets the stage for the race.
Dave Sander's Southern Shores Times has several pieces about the relationship between Mayor Smith and the SS Volunteer Fire Dept. My guess is he doesn't support Smith. You read it and see what you think.
What was initially a cake walk for incumbent Brian MacDonald has become a bit more heated as long time SS volunteer George Kowalski has mounted a write in campaign. Kowalski has a blog that details his reasons. It makes for interesting reading.

I strongly urge Southern Shores voters to support Hall Denny. He was and will be an excellent Mayor.

Take a look at these sites if you live in Nags Head or Southern Shores and then, whatever town you live in, get out and vote on Tues.
Ciao

Nonprofit training classes on the Outer Banks

noreply@blogger.com (BOBXNC) — Wed, 07 Oct 2009 20:06:00 +0000

Registration is now open for fall classes in the Duke Nonprofit Management Program. To register go to the Duke program site. For more information call Bob Muller @ 252-207-5287 or visit obxlearn.org Classes on the Outer Banks Include:

Event Management Alice Lutz Class ID# 12528
Learn the essentials of event management whether you are: "fund raising," "friend raising," or "fun raising." This class will outline a basic approach to event management including: committee and volunteer development, planning and implementation, securing appropriate resources, underwriting and in-kind donations, methods for evaluation, and follow-up strategies. Through examples of events (both small and large), participants will see how critical event planning is to setting the stage for success and contingencies for failure. Alice Lutz, CFRE is a seasoned nonprofit manager with 20 years experience and operates her own nonprofit management firm, Oxygen.
1 hour networking lunch
Thursday October 22, 2009 9:00 AM - 4:00 PM
The Nature Conservancy Office at Nags Head Woods Education Pavilion, Kill Devil Hills
Enrollment Fee: $ 98 6 hours Materials Fee: $7

Grassroots Fundraising Ruth Peebles Class ID# 12530
Perfect for the newcomer to fundraising, this course will take you through the most effective and successful methods of raising money. You will discover the nuts and bolts ideas and activities to help you fundraise. Learn about current trends in giving, annual giving programs, direct mail, prospecting new donors, and managing your donor base. You will be guided from "the ask" to the acknowledgment and will find that fundraising is a simple process anyone can learn. Ruth Peebles, MPA has more than 18 years of hands-on-experience in nonprofit management, fundraising and development. She is the Founder and President of The INS Group (Innovative Nonprofit Solutions) providing consulting services for nonprofits, educational institutions, and faith-based institutions nationally.
1 hour networking lunch
Thursday November 10, 2009 9:00 AM - 4:00 PM
The Nature Conservancy Office at Nags Head Woods Education Pavilion, Kill Devil Hills
Enrollment Fee: $ 98 6 hours Materials Fee: $7

Grant Proposals: Planning for Positive Results Amy Montgomery Class ID# 12529
Does "grant writing" sound like a daunting task? Are you or could you be a grant writer? A grant writer is a passionate person on a mission to solve a problem or an unmet need. Successful grant writers know that writing is the easy part, especially if you have someone who will edit your work. Passion for your work is your number one tool to get funded. You know your target audience, what they need and how to help. With some solid research, careful and realistic planning, strong and strategic relationships, and a good editor, you can be a successful grant writer. Participants will finish this personalized course with a checklist and road map, definite Do’s and Don’ts, and completely convinced that they have what it takes to be a successful grant writer. Amy Montgomery earned her Master’s in Health Education from East Carolina University. Beginning her career in public health, Montgomery had to learn the ins and outs of getting grants to be able to fund important community health programs. With over 10 years of grant writing experience in the areas of public health, education, and human services, Montgomery has earned millions of dollars in grant funds for projects such as mobile dental services for children and affordable housing for teachers. Montgomery is currently the Executive Director of the Dare Education Foundation, a 501(c)3 non-profit.
1 hour networking lunch Amy Montgomery
Thursday, November 19, 2009 9:00 AM - 4:00 PM
The Nature Conservancy Office at Nags Head Woods Education Pavilion, Kill Devil Hills
Enrollment Fee: $ 98 6 hours Materials Fee: $5

ORV The battle continues. How Lying liars lie.

noreply@blogger.com (BOBXNC) — Tue, 06 Oct 2009 13:53:00 +0000

I have not been writing much about the debate over beach driving rules lately. The matter is now in the hands of the National Park Service and we will see a draft of the new rules soon. Unfortunately others have not been so lucky. There are those on both sides of the debate who seem to live to keep the debate going. The environmental groups that engage in this activity do so because it promotes their primary goal - raising money to continue their operations. For the opponents the motives are less clear, some fight because they can't accept the defeats they have suufered and some simply like the limelight.
An editorial in the Outer Banks Sentinel highlighted the hijinks on both sides. It is recommended reading. It debunks the enviromentalists claims that the beach closures have been good for tourism and chastises their foes for just generally acting ugly. Just how ugly this whole thing has gotten is memorialized in an excellent post by Russ on the Outer Banks Journal. He details an exchange with the fringe supporters of beach access that should be used as a lesson in how NOT to win supporters to your side.

Neither post paints a pretty picture so I won't post one either. However if you want to see some photos from Ocracoke that will remind you of why people get so passionate about the area take a look at this slideshow.

Ciao

Buxton Wind meeting

noreply@blogger.com (BOBXNC) — Sun, 27 Sep 2009 19:25:00 +0000

Sen Basnight opens the meeting

I drove to Buxton on Friday to listen to the report on the feasibility of industrial scale wind generation in our area. I came away encouraged, impressed and more than a little concerned. I was encouraged and impressed by the report. They committee did what appeared to be a good job of reviewing the various factors that would keep a wind site form working. After eliminating most of the Pamlico and Albemarle Sounds but not the ocean, they estimated where the winds were suitable for turbines. The answer came up a small area in the sound west of Avon NC and most of the ocean off southern Hatteras, Ocracoke, Portsmouth Islands and south down to Morehead. You can review the full report and a summary at the Wind Committee's web site.
What worried me was the tone of many of the comments. The anger of many Hatteras Island residents was predictable but there was an edge to them that was reminiscent of the health care debate. Nasty, angry and with no trust. The consensus comments were - Fix our access problems and The environmental groups will never let you build the turbines. Don't even try. There were some strong supporters and a couple of very insightful comments about the lack of economic impact. There was not study of the effect on tourism, good or bad, No estimate of jobs created, if any or other costs or benefits to the area. There was a commitment to involve the Hatteras Electric Membership Coop in the project, an involvement that could mean big bucks for the coop - but don't count on it.
The best moment for me was after the most aggressive anti government comment, one that basically get government out of our lives, let the private sector do it, stop subsidies and a call to get the Bonner Bridge replacement started. It was a Tea Party diatribe that ended with an overt threat to get with the small government program or get voted out of office. Sen,. Basnight rose and responded that a.) the wind project needed to be done and b.) don't talk about cutting govt spending and ask for $400 (corrected) million dollars for a new bridge. It is hypocritical (my word not his). He got a nice ovation.
Manny Madieros got up and denied global warming, denied any viability of wind power as a generating source, exagerated the problems and ignored the impacts of his proposed solution - nuclear power. It was the predictable moment that reminded everyone that this was just one step in the long path to finding answers to our energy needs. We have heard Manny before and we will hear him again.
What's next? There seemed to be a commitment from Duke Power to built a demonstration project with 2 or 3 big turbines in the Pamlico Sound off Avon. they would be marginally visible from the shore. This will involved a lot more studies and meetings and arguments, discussion and probably blog posts. That said you got the sense that people were serious about moving forward with this. There was no pie in the sky rhetoric (well not much) There was a realistic acceptance of the strengths and drawbacks of off shore wind generation. There was an clear acceptance of the imperative for change on the part of both those on the dais and those in the audience.

Same topic different thought.
I continue to be impressed with the power of social networking. I decided to post microblog posts during the meeting using Twitter. I found out later that a couple of people actually found the stream of tweets and followed them. I have attached the full stream of tweets as a reference for how I saw the meeting while it was going on. I find it remarkable that using a handheld device (an Iphone) I was able to post messages read by people who were interested in what I was posting. I continue to be impressed by the power of tools like Twitter, Facebook and Flickr to increase communication between people with similar interests but little chance for random contact. If you aren't leveraging some of this power to increase your quality of life you are missing a great chance. It is not hard and it can be very rewarding.
The Tweets follow (tip the links are to photos. The photos aren't great) - Ciao

Basnight kicks off buxton wind energy meeting http://twitpic.com/j24m5 #nc #wind9:07 AM Sep 25th
Basnight if we turn our back on global warming we have made a big mistake9:11 AM Sep 25th
Basnight. Don't want to see towers up close but at a distance is ok Now introducing Gov9:14 AM Sep 25th
http://twitpic.com/j25fd purdue speaks. Son getting married ln Ocracoke on Sat9:17 AM Sep 25th
Gov purdue. The new gold will be green . Intro e Green czar John Morrison9:19 AM Sep 25th
Purdue. Nc can position herself as a world leader in green energy. NC wll will do evething we can to do lead9:21 AM Sep 25th
Rep Tim Spear up next. Here to listen to presentation &people9:22 AM Sep 25th
#nc #wind. Presentation to start. Feasibty study. Dr. Joe Simon duke power to start Study area Pamlico & albemarle sounds and ocean9:28 AM Sep 25th
#nc #wind. Turbines up to 500ft w/ up to 50 turbines in farm. Looked at wind resource & enviro impact9:31 AM Sep 25th
#nc #wind. Buxton wind energy summit live tweet. Good wind in east Pamlico sound9:34 AM Sep 25th
#nc #wind. 40% wind capacity on offshore waters is very promissing. Winds over sounds s of hatteras also good9:39 AM Sep 25th
#nc #wind. High bird conflict along coast. We can reduce risk. Avoid white colors9:43 AM Sep 25th
#nc #wind fish conflicts mimic bird conflicts. Human use similar as well9:46 AM Sep 25th
#nc #wind synergies turbine bad provide substrate for oysters. Could help water quality9:48 AM Sep 25th
#nc #wind foundation either big piling or gravity disk weighted w/2000 tons of rock9:52 AM Sep 25th
#nc #wind. Excluded all no go areas for any reason. Eastern pamlico small area ok. Offshore lot of space is good9:57 AM Sep 25th
#nc #wind. Best winds off Raleigh & onslow bay offshore9:59 AM Sep 25th
#nc #wind. Develop about one sixth coul provide 20% of power for NC10:01 AM Sep 25th
#nc #wind. Need more wind estimates Get transmissio corridor resoved Pamlico Sound could be demo area for 1 to 3 turbines10:03 AM Sep 25th
#nc #wind. Cost 12 milion per turbine At 10 miles would be visible from the beach10:05 AM Sep 25th
http://twitpic.com/j2agg. Model of turbine. Need more research on hurricane impact10:07 AM Sep 25th
#nc #wind. Ad for Duke Energy as state partner in project. Questions next10:09 AM Sep 25th
#nc #wind duke power on what we are doing to save the world. 2 things important fix grid eliminate carbon10:16 AM Sep 25th
#nc #wind questions. What is process? How do we make sure it is no impact as promised?10:21 AM Sep 25th
#nc #wind process us many meetings. Web site for study google nc wind study10:22 AM Sep 25th
#nc #wind. What is economic impact. & ROI for wind energy10:23 AM Sep 25th
#nc #wind. Beach access issue mentioned as government impact Answer is a few turbines don't provide good ROI. Big projects can bee good10:26 AM Sep 25th
#nc #wind. Comment wind investment is good for economy Comment. Need commiment fron Feds and enviro will stop the project10:34 AM Sep 25th
#nc #wind. comment about replacement of bonner bridge & access issues demonstrate power of enviros10:35 AM Sep 25th
#nc #wind. Comment. Get government out of it. Let private industry out of it stop spending our taxes dollars on these projects10:37 AM Sep 25th
#nc #wind. Basnight bridge permits in Feb. fish & wildlife not our friends.10:41 AM Sep 25th
#nc #winds. Basnight don't say you want small government. Then ask for tax dollars for bridge10:42 AM Sep 25th
#nc #wind. Comment. Fear the enviromental groups. Comment. Use local electric coop10:43 AM Sep 25th
#nc #wind comment. Economy is bad. Fix access issue. Nothing to with wind10:49 AM Sep 25th
#nc #wind comment from. Billy Mosely. Surfer dude. He supports thanks.10:52 AM Sep 25th
#nc #wind. http://twitpic.com/j2fym. Bobby Owens NC Utility Comm10:56 AM Sep 25th
#nc #wind comment manny mederios. Anti wind blow hard. I will bring balance10:58 AM Sep 25th
##nc #wind Maderios. Myth of global warming. Wind needs back up power increases cost. Wind provides wimpy power. W/ lavish subsidies11:01 AM Sep 25th
#nc #wind maferios. Wind power is socialism. Global warming is bunk11:03 AM Sep 25th
#nc #wind Prof Stan Riggs rebuts mederios on global warming. Meeting losing people at good clip11:05 AM Sep 25th
#nc #wind Peterson defends enviros and says this all needs to happen or face the consequences11:11 AM Sep 25th
#nc #wind question. How restricted is acess to water around turbines.11:12 AM Sep 25th
#nc #wind ? Acess fishing around turbine. Answer not much impact from demo project in sound. Could improve rec fishing11:16 AM Sep 25th
#nc #wind meeting continues with anti wind skeptics and & advocates for hatteras economy. Time for me to go. Ciao11:21 AM Sep 25th

9-11 redux

noreply@blogger.com (BOBXNC) — Fri, 11 Sep 2009 11:19:00 +0000

Two years ago a the world famous Paula of Sammie's Surf Report ran a series of pieces written by people about where they were on 9-11 and what insights about the event time has given them. Thought I would post a link to my contribution since I am thinking about that fateful day and find that my insights haven't changed much.
Hope this finds you safe and well.
If you miss Paula as I do, you can find her blogging still from her base in DC.
Ciao

Jennette's Pier Photos Late Aug.

noreply@blogger.com (BOBXNC) — Mon, 31 Aug 2009 17:34:00 +0000

Here are some recent photos of the construction at Jennette's Pier

	The ocean was a little rough at the south trestle on Saturday morning as Hurricane Bill made it’s way north, well east of the Outer Banks.

	The Wastewater Treatment building as it appeared on Monday.

	The Wastewater Treatment building as it appeared on Friday.
	South Ramp piles being driven at pile bent #(-1), piles at pile bent #(-2) have been washed down and will be driven next. You can see the east gable end wall of the Wastewater Treatment building in the background.

	Six 24”x24’ piles for the Pier House arrived this week (one per trailer load). The 18”x18” pile to the left will be used to finish the south Ramp.

	Temporary steel sheet piles installed between the north and south trestle at the dune line (near pile bent line #(-5)).

Clean water NRDC style

noreply@blogger.com (BOBXNC) — Fri, 14 Aug 2009 14:21:00 +0000

The Natural Resources Defense Council has released their annual report on water quality at our nation's popular recreational beaches. Not surprisingly Dare County fares pretty well in the report. The detailed state section (scroll down for results) showed that most of the water quality problems were in the sound rather than the more popular ocean beaches.
The worst offender (and a perennial problem site) was the Private Sound Acess in Southern Shores. Water quality here failed to meet the state's standards over 10% of the time. The Jockeys Ridge public soundside access and the swimming beach in Colington Harbor also reported at least one failed testing cycle. On the Ocean side each of the 3 ocean outfalls in KDH had a single failure while the rest of the county's sites tested clean for the entire year.
An interesting feature of the report is an interactive map showing results for the 200 most popular beaches in the country. Nags Head made the list showing 4 out of five stars for the ocean beaches and 3 out of 5 for the soundside. (note the 2 soundside sites shown in this section are actually the same place in the sound about 100 yds. north of Basnights Lone Cedar Cafe). All the sites did not receive star for testing frequency since NC tests once a week not twice a week as the NRDC recommends. The soundside site missed the grade for water quality history since the site had failing readings within the last 3 years. All the sites got credit for good quality in 2008, for post advisories promptly onlince and on the beach.

This is an annual report - I posted about it 4 years ago in the early days of this blog - the report has been a catalyst for increasing awareness about recreational water quality. Take a minute to read through the NC section and I think you will be pleased. North Caroina ranked 5th out of the 30 states listed in the report.

It should be noted that the state's testing is done on a regular schedule weekly and is not dependent on factors that contribute to water borne pollution, particularly rainfall. The UNC Coastal studies institute has monitoring stations set up in the outfall ditches in KDH and Nags Head. There testing shows substantial spikes in bacteria following rain events. Since salt water is not a good environment for bacteria these organisms generally die quickly when then enter the ocean therefore state testing will only catch these pollution peaks if their sample happens to coincide with a rain event. On the other hand the samples taken in the pipe do not reflect conditions in the ocean even at the mouth of the pipe since the 2 environments are so different.
OK what I as trying to say is that the State's testing may miss some of the pollution while the CSI doesn't test the water people swim in.

Ok enough for now - The rain has stopped so I guess I will go to the beach and go for a swim.
Ciao

New Local Blogs

noreply@blogger.com (BOBXNC) — Mon, 27 Jul 2009 14:51:00 +0000

Nancy Proctor is a busy lady. Its not enough that she has started a weekly newsletter focusing on the activities and needs of the Outer Banks nonprofit community, she is also producing a fascinating blog that targets environmental news and issues with local relevance.
I found the CommonGood E-newsletter when a copy was forwarded to me by the leader of a local group that provides help for families with memory loss (dementia) issues. I immediately subscribed. The newsletter provides information about upcoming events, volunteer opportunities and area nonprofit programs. It offers a wealth of timely and accurate news for the Dare-Currituck area. The CommonGood site has recent newsletters archived and a link to subscribe.
Perhaps more interesting, though no more important, for frequent visitors to this space is Nancy's OBX Common Ground blog. The site focuses on environmental issues that effect our area particulalrly global warming the impact of sea level rise. Nancy provides links to good data and studies as well as current news articles. All material that can't be ignored when public policy about this issues is debated. Wind power, land conservation and green shopping on the OBX have been featured in recent posts. I hope you will stop by, take a look and welcome Nancy to the local blogosphere.
Ciao
PS : For my friends who follow these posts on FaceBook here are the links.
CommonGood site. http://commongoodnews.wordpress.com/
Common Ground blog: http://obxcommonground.wordpress.com/