DRAFT Nags Head Board Meeting Minutes

August 6, 2003

DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

August 6, 2003

The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 9:00 a.m. on Wednesday, August 6, 2003.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem George Farah III; Comr. Doug Remaley;

Comr. Brant Murray; and Comr. Anna Sadler

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Deputy Town Manager Rhonda Sommer; Town Attorney Ike McRee; Kim Kenny; Tim Wilson; Todd Krafft; Bruce Bortz; Courtney Gallop; Andy Garman; Charlie Cameron; Butch Osborne; Don Hutson; Pattie Austin; Shane Hite; Chris Stevens; Gary Cannon; Dave Clark; Sandy Semans; Joe Schwarzer; Thomas Harty; Mark Amber; Sonny Cobb; Deborah Bryant; Kevin Schwartz; David Masters; Camille Lawrence; Dr. Johnny Farrow; Pogie Worsley; Duke Geraghty; Chuck Blazek; Andy Tillett; Richard Hess; Harry Thompson; David Masters; John DeLucia; Matt Artz; Julia LeDeux; and Town Clerk Carolyn Morris

Mayor Muller called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the Pledge of Allegiance to the United States flag. Mayor Muller asked for a remembrance of Sally Nunemaker who recently passed away.

AUDIENCE RESPONSE

Audience Response – Sandy Semans

Sandy Semans, Outer Banks Sentinel, presented to the Board framed articles from the Sentinel and from the Latvian newspaper that covered memorial ceremonies that took place simultaneously honoring the Ciltvaria ship that sank off the coast of Nags Head in 1942.

Joe Schwarzer, Outer Banks Sentinel; provided a brief history of the Ciltvaria ship; he noted that many of the survivors of the Ciltvaria settled in the United States.

Mayor Muller thanked Ms. Semans and Mr. Schwarzer as well as Sarah Downing of the Outer Banks History Center who assisted in providing valuable information about the Ciltvaria’s history.

Audience Response – Thomas Harty

Thomas Harty spoke concerning his application for taxicab driver renewal which was denied by the Public Safety Dept. due to his previous criminal record, which he failed to report on the taxicab driver application. Mayor Muller noted that he would bring this issue forward for further discussion later in today’s meeting.

Audience Response – Mark Amber

Mark Amber, Nags Head resident; spoke about his concerns about the odors from the Village at Nags Head wastewater treatment plant; Public Works Director Dave Clark provided a brief update and explained that in response to complaints received concerning this issue, he contacted a representative from the Division of Water Quality (DWQ); DWQ is lacking resources and asked for the Town's help in investigating and notifying them in writing of issues; DWQ is to respond and identify where in the process the odor is coming from and issue a notice of violation.

There being no one else present who wished to speak, Mayor Muller closed Audience Response at 9:27 a.m.

PRESENTATION OF NAGS HEAD OCEAN RESCUE UNITS FIRST PLACE AWARD RECEIVED FROM SOUTH ATLANTIC/UNITED STATES LIFESAVING ASSOCIATIONS COMPETITION

Ocean Rescue Director Don Hutson thanked Board members for their support of the Ocean Rescue Unit; he thanked Board members for the increase in lifeguard salaries which helps to keep Nags Head competitive; and he thanked Board members for their support of the lifeguard competitions.

On behalf of the Board, Mayor Muller accepted from Mr. Hutson the Nags Head Ocean Rescue Unit’s First Place Award they received from the South Atlantic/United States Lifesaving Associations competition.

INTRODUCTION OF NEW EMPLOYEES

Assistant Fire Chief Butch Osborne introduced Shane Hite; Dept of Public Safety – Firefighter who began work for the Town on June 9, 2003.

Planning Director Tim Wilson introduced Gary Cannon; Planning and Development - Building Inspector; who began work for the Town on July 14, 2003.

Public Safety Director Charlie Cameron introduced Chris Stevens; Dept of Public Safety – Police Officer; who began work for the Town on July 14, 2003.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

Charlie Cameron introduced and recognized employee Office Assistant Patti Austin who has completed three (3) years of service with the Dept. of Public Safety.

On behalf of the Board, Mayor Muller presented Ms. Austin with a Cross Pen with Town emblem in recognition of her three (3) years of service.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Consideration of Budget Adjustment #1 to FY 03/04 Budget

- Consideration of Tax Adjustment Report

- Consideration of modification to Town/NEST agreement concerning liability insurance

for operation of ATV

- Consideration of amendment to Personnel Policy to include Smallpox Vaccination Policy

- in accordance with House Bill 273

- Consideration of amendment to Consolidated Fee Schedule for clarification of Zoning Map Fee

- Consideration of Sonic Drive-In request for free-standing sign

- Request for public hearing to consider proposed amendments to Article III Application of Regulations and Section 22-153 Definition of Specific Words and Terms of the Town Code pertaining to luminescent and reflective materials

- Request for public hearing to consider proposed amendments to Section 22-254 Regulations Governing Signs and Outdoor Advertising Structures of the Town Code pertaining to free- standing signs in commercial zoning districts

- Consideration of Standard Detail Manual update with residential Turfstone™ detail

Mayor Muller noted that he would be bringing agenda item #7 concerning the Town/NEST agreement liability insurance back to the Board for further discussion under his agenda later in today's meeting.

Comr. Sadler questioned agenda item #12 concerning freestanding signs in commercial zoning districts; Mayor Muller explained that there is no moratorium associated with the request for public hearing.

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

A copy of Budget Adjustment #1, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".

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

A copy of the revised Town/NEST agreement to include liability insurance information, as approved, is attached to and made a part of these minutes as shown in Addendum "C".

A copy of the amendment to the Personnel Policy to include the Smallpox Vaccination Policy, as approved, is attached to and made a part of these minutes as shown in Addendum "D".

The amendment to the Consolidated Fee Schedule which clarifies the zoning map fee, as approved, increases the cost for each zoning map be increased to $17 to more accurately reflect the actual cost. It was also approved that the line "Maps (Street, Zoning, etc.)" be deleted as the maps are listed separately.

The memo dated August 18, 2003, from the Planning Board and Planning and Development staff concerning the Sonic Drive-In request for a free-standing sign, as approved, read in part as follows:

"An individual business located in the Village Commercial 2 District may erect an on-site free-standing sign in accordance with Nags Head Code of Ordinance Section 22-832(g) (1). The opportunity to erect a sign and the sign area is dependent on the development points accumulated in three categories relative to site development. Those categories are the following: Building Architecture, Landscaped Space and Intensity, Building and Site Design.

'For your review, please find attached the summary of development points accrued by Sonic Restaurant within each of the above categories. Based on the total number of points, Sonic Restaurant may erect a twenty-four square foot free-standing sign.

'Attached is a rendering of the free-standing sign that Sonic Restaurant is proposing to erect with approval from the Planning Board and Board of Commissioners. The proposed sign features the red, yellow and blue Sonic logo plus two lines of changeable copy. The sign would be internally illuminated which is allowed by the zoning ordinance.

'Planning Board Recommendation:

The five (5) Planning Board members in attendance at their regular July 15, 2003 meeting voted unanimously to recommend approval of the proposed Sonic restaurant free-standing sign as presented. Planning Board members Paula Farah and Bill Jones were not present that evening.

'Staff Recommendation:

Staff recommends approval of the attached sign request application."

A copy of the Standard Detail Manual update with residential Turfstone™ detail, as approved, is attached to and made a part of these minutes as shown in Addendum "E".

PUBLIC HEARINGS

PUBLIC HEARING to consider conditional use application for Dare County Recreational Park, 227 West Satterfield Landing Road

Planner Andy Garman summarized the Planning and Development staff memo dated July 25, 2003, which read in part as follows:

"Albemarle Engineering, representing the Dare County Parks and Recreation Department, has submitted the attached site plan/conditional use application for the construction of a County recreation park on the 13.26 acre, town-owned Twiford Tract located west of Kelly’s restaurant and the Carolinian Colony subdivision. The proposed park consists of two multi-purpose recreation fields (shown as soccer fields on the site plan), a concession area, parking, passive recreation, and area for future tennis courts.

‘The subject property is located in the R-2 Medium Density Residential zoning district where municipally-owned recreation facilities are allowed as a conditional use. The proposed lot coverage, buffering, parking, lighting, vegetation preservation, pedestrian access, density, lot width, and building height and floor area requirements shown on the site plan comply with the applicable provisions of the zoning ordinance. Staff does have some comments on the site plan, which are incorporated into the recommendations below.

‘Staff Recommendation:

Staff recommends approval of the Dare County Recreation Park site plan/conditional use application provided that the following conditions are met:

  1. The applicant obtains all the necessary permits from the State – these include a soil erosion and stormwater permit.
  1. As part of the shared use agreement for the site, the Town must obtain either a variance or declaratory ruling from the CRC to the CAMA Small Water Supply Watershed septic system limitation of 480 gpd. This ruling will be required prior to the issuance of a building permit for the concession area.
  1. That parking is in compliance with the required setbacks prior to issuance of a building permit.

‘Staff will submit an ordinance text amendment to the Planning Board in August that will propose to modify the setback requirements for parking, buildings, tennis courts, and recreation fields at municipally owned recreation facilities to exclude right-of-way as adjacent R-2 property. It was not Staff’s intent when drafting this ordinance to include right-of-way as adjacent property in the calculation for setbacks.

  1. Although ingress/egress for the parking lot was approved by the Town engineer at the technical review meeting, further modifications to the site plan will require his review and approval prior to the issuance of a building permit.

‘All other comments presented at the technical review meeting have been addressed.

‘Staff recommends approval of the attached site plan with the aforementioned conditions.

'Planning Board Recommendation

The Planning Board concurred with Staff at their July 15, 2003 meeting, recommending unanimously that the Board of Commissioners approve the proposed site plan as presented."

Notice of the public hearing was published in the Coastland Times on Tuesday, July 22, 2003, as required by law.

Comr. Sadler expressed her concern about those that have property in the area of the proposed school; she wants to make sure that what happened at the YMCA site does not happen to the school site. She confirmed with staff that the clearing/buffering requirements of the school site will be met.

Mayor Muller announced the public hearing open at 9:51 a.m.

There being no one present who wished to speak, Mayor Muller announced the public hearing closed at 9:51 a.m.

John DeLucia, Albemarle Engineering; explained the buffering for the site.

MOTION: Mayor Pro Tem Farah made a motion to make the following findings of fact:

  1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.
  1. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.
  1. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town as said facilities and capabilities would exist on the completion date of the conditional use for which the application is made.

And to approve the site plan with the following conditions as recommended by staff:

  1. The applicant obtains all the necessary permits from the State – these include a soil erosion and stormwater permit.
  1. As part of the shared use agreement for the site, the Town must obtain either a variance or declaratory ruling from the CRC to the CAMA Small Water Supply Watershed septic system limitation of 480 gpd. This ruling will be required prior to the issuance of a building permit for the concession area.
  1. That parking is in compliance with the required setbacks prior to issuance of a building permit.

Staff will submit an ordinance text amendment to the Planning Board in August that will propose to modify the setback requirements for parking, buildings, tennis courts, and recreation fields at municipally owned recreation facilities to exclude right-of-way as adjacent R-2 property. It was not Staff’s intent when drafting this ordinance to include right-of-way as adjacent property in the calculation for setbacks.

  1. Although ingress/egress for the parking lot was approved by the Town engineer at the technical review meeting, further modifications to the site plan will require his review and approval prior to the issuance of a building permit.

The motion was seconded by Comr. Remaley which passed unanimously.

PUBLIC HEARING to consider conditional use application for Dr. Johnny Farrow's Med-Spa Massage Therapy Center, 3022 South Croatan Highway (Pirate's Quay Shopping Center)

It was noted that there are two (2) parts to this agenda item:

Part I – Dr. Farrow's privilege license application for the operation of a massage therapy center, and

Part II - Dr. Farrow's conditional use application to add massage therapy services to an existing medical office offering aesthetic skin treatments in the Pirate’s Quay shopping center. The massage therapy center must operate in accordance with Chapter 10 of the Nags Head Town Code of Ordinances.