DRAFT BOC Meeting Minutes

July 11, 2001

DRAFT TOWN OF NAGS HEAD

BOARD OF COMMISSIONERS

REGULAR SESSION

July 11, 2001

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, July 11, 2001.

COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem George Farah III;

Comr. Doug Remaley; Comr. Brant Murray; and Comr. Paula Flynn

COMRS ABSENT: None

OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Thomas White Jr.; Rhonda Sommer; Kim Kenny; Roberta Thuman; Gary Ferguson; Bruce Bortz; Courtney Gallop; Wayne Byrum; Skip Lange; John Richeson; Jim Northrup; Barbara Minter; Steve Kovacs; Chuck Thompson; David Masters; Chuck Thompson; Jeff DeBlieu; Mark Kasten; Sonny Cobb; Joe Duke; Ron Halyshyn; James Wentz; Carolyn McCormick; Warren Judge; Bill Owen; Mike Costin; Lilias Morrison; Bob Oakes; Peggy Saporito; Megan Fisher; Michelle Wagner; Matt Artz; and Town Clerk Carolyn Morris

The meeting was called to order by Mayor Muller at 9:00 a.m. He noted that today’s meeting was rescheduled from the first Wednesday of the month because of the July Fourth holiday.

A moment of silent meditation was observed followed by the Pledge of Allegiance.

PRESENTATION OF CERTIFICATE OF APPRECIATION – JAMES WENTZ - JENNETTE’S PIER

On behalf of the Board, Mayor Muller presented a Certificate of Appreciation to James Wentz, owner of Jennette’s Pier, for his support and permission to use Jennette’s Pier for the July 6th town fireworks display. Mr. Wentz stated that as long as he owns the pier, the town is welcome to use it for fireworks.

PRESENTATION OF READER’S CHOICE AWARD

Mayor Pro Tem Farah introduced and welcomed Dare County Commissioner/Tourism Board Chairman Warren Judge and Outer Banks Visitors Bureau Director Carolyn McCormick.

Warren Judge presented the Board with the NC Outdoor Recreation Guide Reader’s Choice Award plaque. He explained that the Guide sent a poll to 50,000 readers who, when asked their favorite beach, overwhelmingly responded that Nags Head/Outer Banks was their favorite beach.

Mayor Muller thanked Mr. Judge and, on behalf of the Board, thanked the Dare County Tourism Board for all their advertising efforts which contributed to the town’s receipt of the award.

Mr. Judge noted that the town was one of the first towns to participate in the Tourism Board’s restricted fund grant programs and he congratulated the Board on the progress of its multi-use path.

Comr. Murray congratulated staff and especially Town Manager Fuller for his efforts in assisting with the Board’s vision for the town.

Mayor Muller thanked Ms. McCormick and Mr. Judge for attending today’s meeting and for presenting the Reader’s Choice Award to the town.

AUDIENCE RESPONSE – CHUCK THOMPSON – TOWN SLOGAN AND TOWN TRAFFIC

Chuck Thompson, Nags Head resident, stated that he had previously suggested that the town establish a town slogan and he again suggested “Your Vacation Destination”; he stated that it saddens him to see so much congestion/traffic in the town as it may be one reason that a lot of families stay away in the future.

AUDIENCE RESPONSE – CHUCK THOMPSON – AUTOMATED CARTS

Chuck Thompson, Nags Head resident, stated that the town’s service of rolling carts back off of the Beach Road is a valuable service that is only provided on the Beach Road and not anywhere else in the town; he suggested that rental companies be charged a fee each time the town has to roll carts back that are in their rental program; he asked the Board to consider providing this service to all areas in town and not just the Beach Road.

AUDIENCE RESPONSE - DAVID MASTERS – AUTOMATED CARTS

David Masters, Nags Head resident, stated that he agrees with Mr. Thompson concerning rolling back the automated carts; he said that he thought in the original discussions about automated carts that all carts in town would be rolled back and not just those on the Beach Road.

AUDIENCE RESPONSE - DAVID MASTERS – BYPASS TRAFFIC/CONGESTION

David Masters, Nags Head resident, stated that the bypass is in turmoil with all the traffic/congestion and he does not believe DOT has anything planned to alleviate the problem; he would like to offer a temporary solution by removing the center lane and installing yellow poles on the edge of the roadway for left turns for drivers; he feels there is currently a dangerous situation on the bypass with some persons using the center lane to pass; he also suggested that the speed limit be lowered to 35 MPH, especially in the summer months; he stated that he is hopeful that a better/safer traffic pattern could be put in place in time for next year’s summer season.

INTRODUCTION OF NEW EMPLOYEE

The Board welcomed Roberta Thuman to town employment. Ms. Thuman began work with the town in the Administration Department as Administrative Assistant on June 25, 2001.

RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE

The Board recognized the following employees for years of service with the town:

Barbara Minter, Administrative Services, celebrated five (5) years of service with the town on June 26, 2001.

Steve Kovacs, Public Safety Department – Fire Division, celebrated three (3) years of service with the town on July 1, 2001.

CONSENT AGENDA

The Consent Agenda consisted of the following items:

- Consideration of Tax Adjustment Report

- Report on Police Division drug fund expenditure

- Request for PUBLIC HEARING to consider proposed amendments to Section 22-118 Building Exterior Wall Finish of the Nags Head Code of Ordinances to regulate glass facades

- Request for PUBLIC HEARING to consider proposed amendments to Section 22-832 Commercial 2 District (The Village at Nags Head) and Section 22-834 Hotel District (The Village at Nags Head) pertaining to height of signs

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 the tax adjustment report, as approved, is attached to and made a part of these minutes as shown in Addendum “A”.

The report from the Police Division concerning the drug fund expenditure, as approved, read in part as follows:

‘This letter is to advise the Mayor and Board of Commissioners that I have authorized the expenditure of $477.13 out of the Drug Forfeiture Fund, Account Number 615-5733. These funds will allow for the acquisition of an Epson Stylus Photo Printer, Model #1280, which will be used to produce professional looking photographs taken with the Police Division’s digital cameras.

‘There are sufficient funds in this account to permit the acquisition of this Epson Stylus Photo 1280 printer.”

PUBLIC HEARING TO CONSIDER AN APPLICATION BY COROLLA CAB, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Deputy Police Chief Wayne Byrum summarized the Police Division memo dated July 3, 2001, which read in part as follows:

“On April 9th, 2001 Mr. Ronald Halyshyn filed with the Town’s Clerk, an Application for a Certificate of Public Convenience and Necessity to operate a taxicab business, to be known as Corolla Cab Company, in the Town of Nags Head. In the application Mr. Ronald Halyshyn listed and identified himself as the owner/operator of Corolla Cab Company.

‘As required in Chapter 19: Taxicabs, Section 28 of the Code of Ordinances of the Town of Nags Head, an appropriate investigation was conducted by the Police Division in the Department of Public Safety.

‘As a result of that investigation, it was determined that Mr. Ronald Halyshyn did not meet the qualifications of Chapter 160A-304 (a) (1) Regulation of Taxis of the General Statutes of the State of North Carolina (attachment #1) or Chapter 19 Section 29 (attachment #2) paragraphs (f) and (g) of the Code of Ordinances of the Town of Nags Head.

‘The Public Safety Director met with Mr. Halyshyn in the Police Division at which time I advised him that I would not recommend that the Board of Commissioners approve his application. I furnished Mr. Halyshyn with copies of the applicable General Statutes of the State of North Carolina and of Chapter 19 of the Code of Ordinances of the Town of Nags Head.

‘It is therefore the recommendation of the Department of Public Safety that the Board of Commissioners not approve the issuance of Certificate of Public Convenience and Necessity to Mr. Ronald Halyshyn to operate Corolla Cab Company in the Town of Nags Head.”

The Town Clerk’s memo dated July 3, 2001, read in part as follows:

“On April 6, 2001, the attached application for a Certificate of Public Convenience and Necessity was received in the Town Clerk’s office, the applicable fee was paid, and a copy forwarded to the Police Division for investigation. The request for public hearing was approved by the Board at the June 6, 2001, Board meeting.

‘The Board of Commissioners adopted a revised taxi-cab ordinance at its June 6, 2001, Board meeting.

‘This application is from Corolla Cab; Ron Halyshyn, owner.

‘The application was verified by the applicant under oath and the applicant has paid the $50.00 application fee.

‘Section 19-28 of the Town Code requires the Board of Commissioners, before making any decision with respect to the issuance of a Certificate, cause to be made a full and complete investigation of all facts and may, if it desires, subpoena witnesses and utilize the services of the Public Safety Director, or his designee, or any officer or employee of the Town.

‘In determining whether a public convenience and necessity requires the granting of a certificate, Section 19-29 of the Town Code requires the Board of Commissioners to take into consideration the following factors:

1. Whether or not the public convenience and necessity satisfies the requirement for public safety and availability within the town.

2. The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible, and satisfactory.

3. The number and conditions of taxicabs to be operated.

4. The schedule of the proposed rates and fares to be charged.

5. The experience of the applicant in the taxicab business.

6. Such other relative facts as may be deemed necessary and advisable.

‘Section 19-31 (a) of the Town Code requires the Board of Commissioners to grant a certificate when the applicant has established to the Board of Commissioners’ satisfaction that the public convenience and necessity would be served, that the requirements of this chapter are complied with, and that the factors considered by the Board, as set out in Section 19-29 favor the issuance of a certificate. Each certificate may contain such terms and conditions as the Board of Commissioners may consider desirable to impose for the public welfare, safety, convenience or necessity.

‘Section 19-31 (b) of the Town Code requires the Board of Commissioners to deny a certificate to an applicant who does not establish to the Board's satisfaction that the issuance of a certificate would serve the public convenience and necessity, or when, in the considered opinion of the Board, the applicant would not comply with the provisions of Chapter 19 of the Town Code, or that the requirements in Section 19-29 favor disapproval of the application.

‘The application and background information was forwarded to the Police Division for processing and the Police Report is provided as Attachment #5.”

Notice of the public hearing was published in the Coastland Times and the Outer Banks Sentinel on Thursday, June 28, 2001, and on Thursday, July 5, 2001, as required by law.

Mayor Muller read the factors from the recently adopted taxicab ordinance, Section 19-29, that the Board is to consider when issuing a certificate of public convenience and necessity which read in part as follows:

“In determining whether the public convenience and necessity require the granting of a certificate under this chapter, the Board of Commissioners shall, among other things, take into consideration the following factors:

‘Whether or not the public convenience and necessity satisfies the requirement for public safety and availability within the Town;

‘The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory;

‘The number and condition of taxicabs to be operated;

‘The schedule of the proposed rates and fares to be charged.

‘The experience of the applicant in the taxicab business.

‘Consideration of North Carolina General Statute Section 160A-304. Regulation of Taxis.

‘Such other relative facts as may be deemed necessary and advisable.”

Mayor Muller announced the public hearing open at 9:20 a.m.

Ron Halyshyn, Corolla Cab owner, was sworn in by the Town Clerk; he stated that he has been issued a Nags Head taxi driver permit and he also drove for Bayside Cab, Island Cab, Beach Cab, and Coastal Cab; each application he filled out stated that he had a conviction for assault 36 years ago; the conviction did not affect anything until he wanted to open his own cab company; he feels he has a right to earn a living and something that happened 36 years ago should not affect him now; he believes there is a definite need in this area for another cab company as taxicab drivers in this area do not want to drive to Corolla; he asked the Board not to punish a corporation for an individual’s arrest 36 years ago.

Joe Duke, Coastal Cab manager; was sworn in by the Town Clerk; he stated that he does not travel to Corolla which is why he does not advertise for that area; it would not be feasible for him to go to Corolla; he acknowledged that Mr. Halyshyn did drive for him at one time but he stated that he would not hire Mr. Halyshyn again because of the manner in which he operated his cab.