Nags Head Board Meeting Minutes
June 4, 2008
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
June 4, 2008
The Town of Nags Head Board of Commissioners met in the south wing of Fire Station #16 located at 5314 South Croatan Highway at 9:00 a.m. on Wednesday, June 4, 2008.
COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler;
Comr. Doug Remaley and Comr. Bob Oakes
COMRS ABSENT: Comr. Wayne Gray
OTHERS PRESENT: Town Manager Charlie Cameron; Town Attorney Ike McRee; Cliff Ogburn; Bill Richardson; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Kelly Wyatt; Angela Welsh; Dave Clark; Ralph Barile; Roberta Thuman; Mark Cross; Daniel Herring; Mark Edwards; Charles Dickinson; Chad Motz; 2008 Town Lifeguards; David Masters; Aaron McCall; Irving Bateman; and Town Clerk Carolyn Morris
CALL TO ORDER
Mayor Cahoon called the meeting to order at 9:00 a.m.
MOMENT OF SILENT MEDITATION AND PLEDGE OF ALLEGIANCE
A moment of silent meditation was followed by the Pledge of Allegiance.
COMR. GRAY NOT AT MEETING
Mayor Cahoon noted that Comr. Gray was not present.
INTRODUCTION OF 2008 LIFEGUARDS
Ocean Rescue Director Chad Motz introduced the 2008 lifeguards.
MAYOR CAHOON - RECOGNITION OF MARK CROSS
On behalf of the Board, Mayor Cahoon congratulated Town employee Mark Cross for his recent State Championship win as coach of the First Flight High School Girls Soccer team.
ADOPTION OF AGENDA
MOTION: Comr. Remaley made a motion to approve the June 4, 2008 agenda as presented. The motion was seconded by Mayor Pro Tem Sadler which passed unanimously (Comr. Gray was not present.).
AUDIENCE RESPONSE
Town Attorney Ike McRee opened Audience Response.
AUDIENCE RESPONSE - IRVING BATEMEN
Irving Bateman, Kitty Hawk resident, spoke representing Sugar Creek/Sugar Shack restaurant in Nags Head; on behalf of himself and his staff and the other restaurants, he thanked the Board and Town Manager Cameron for stepping up to the plate and addressing the glass recycling issue; this has meant a lot to the local restaurants as it has made everyone’s job a lot easier by assisting them in conforming to the new State law.
RECOGNITION OF EMPLOYEES WITH YEARS OF SERVICE
On behalf of the Board, Mayor Cahoon recognized and presented Cross pens to the following employees for three years of service: Facilities Maintenance Technician Daniel Herring (introduced by Public Works Director Dave Clark), Firefighter Mark Edwards and Firefighter Charles Dickinson (introduced by Fire Chief Butch Osborne).
CONSENT AGENDA
The Consent Agenda consisted of the following items:
Consideration of Budget Adjustment #10 to FY 07/08 Budget Ordinance
Consideration of Tax Adjustment Report
Consideration of annual write-off of uncollectible water accounts
Approval of Minutes
Consideration of resolution in support of 58th Invitational Surf Fishing Tournament October 8 - 11, 2008
Consideration of Fire / Ocean Rescue / Public Works request for CIP item for Station 16 improvements
Consideration of resolution adopting a policy for mutual assistance with other law enforcement agencies
Request for Public Hearing to consider application for Certificate of Public Convenience and Necessity for A1 Taxicab, Ruslan Haranovich, owner
Request for Public Hearing to consider amendment by Fields Scarbourough of Dare County ABC Board to amend Town Code Section 48-283(6)(e), Signs Permitted in Residential Districts to allow one freestanding governmental identification sign not to exceed 48 sq. ft. in sign area to be permitted at the major entrance to all governmental sites not listed in this section
Request for Public Hearing to consider zoning ordinance text amendments to Town Code Section 48-371, Commercial Design Standards to increase the minimum total number of points required for buildings using residential design standards and to eliminate current “alternative commercial exterior design” standards, making all commercial buildings not using residential design standards subject to a review board (BOC) approval
Request for Public Hearing to consider proposed zoning ordinance text amendments Town Code Section 48-403(c), R-2 District Conditional Uses, adding office/retail group development as a conditional use
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Mayor Pro Tem Sadler which passed 4 - 0 (Comr. Gray was not present.).
A copy of Budget Adjustment #10, 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".
The memo concerning the annual write-off of uncollectible water accounts, as approved, read in part as follows:
"At this time it is requested that the BOC approve the write-off of all accounts currently considered to be uncollectible. A detailed list of these accounts is attached.
'The requested write-off (Grand Total) is $879.08 for fiscal year 2007/2008.
'Also attached is a list of accounts of $50.00 or less that will be written off in June 2008 in the amount of $268.70. The amount requested for Board approval for balances greater than $50.00 is $610.38.
'As in the past, if circumstances should change for any of these accounts, every effort will be made to recover the bad debt."
The resolution approving the 2008 annual Nags Head Surf Fishing Tournament, as adopted, read in part as follows:
"RESOLUTION REGARDING THE ISSUANCE OF BEACH DRIVING PERMITS FOR THE NAGS HEAD SURF FISHING TOURNAMENT TO BE HELD OCTOBER 8 - 11, 2008
'WHEREAS, the Nags Head Surf Fishing Club is sponsoring its annual Nags Head Surf Fishing Tournament on October 8, 9, 10, and 11, 2008; AND
'WHEREAS, in accordance with Section 5-63 (b)(3) of the Nags Head Code of Ordinances, the Nags Head Surf Fishing Club submitted a request on May 16, 2008 for the Town of Nags Head to issue 282 (3 per team plus 42 for judges and scorers) short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament.
'NOW, THEREFORE BE IT RESOLVED by the Town of Nags Head Board of Commissioners that the Town of Nags Head is pleased to offer its assistance for the Nags Head Surf Fishing Tournament again this year.
'BE IT FURTHER RESOLVED as follows:
1. The Town Clerk is authorized to issue 282 short-term beach driving permits to the Nags Head Surf Fishing Club to be distributed to participants in its annual Nags Head Surf Fishing Tournament to be held Wednesday, Thursday, Friday, and Saturday, October 8, 9, 10, and 11, 2008.
2. These special permits will be valid for a four-day period from Wednesday, October 8, 2008, through Saturday, October 11, 2008.
3. Only three (3) shall be allowed per team fishing in the tournament.
4. The Nags Head Surf Fishing Club is responsible for the distribution of all short-term beach driving permits for the 2008 Nags Head Surf Fishing Tournament. No short-term permits for the tournament will be issued by Staff at Town Hall.
5. The name of the team and town to whom a permit is issued shall appear on each permit.
6. Prior to the start of the tournament, the Nags Head Surf Fishing Club shall provide the Nags Head Town Clerk with a list showing the team name or tournament official and the numbers of the permits issued to each.
7. A pamphlet (to be provided by the Town) on Regulations Governing Beach Vehicular Traffic in the Town of Nags Head shall be supplied with each permit distributed by Nags Head Surf Fishing Club.
8. Each permit shall be displayed on the inside front windshield on the passenger side of the vehicle, even if a normal Nags Head Beach Driving Permit is already displayed.
9. All three short-term beach driving permits MUST be in the possession of the team at all times. The permits are not transferable.
10. The Town of Nags Head Beach Driving Ordinance is to be strictly enforced by the Nags Head Police Department.
11. Should the weather or high tide call for the closure of the beach or a section of the beach, the Town Manager will close the beach."
The memo concerning the Fire/Ocean Rescue/Public Works request for Station #16 improvements, as approved, read in part as follows:
"Attached CIP request/project description details request for Fire Station 16 improvements to include: Bay heating system, Administration Dept. HVAC unit, and dehumidifier for north HVAC system.
'Funds are available in current year's budget for purchase of Bay heating system."
The resolution concerning mutual assistance with other law enforcement agencies, as adopted, read in part as follows:
"RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES
'WHEREAS, pursuant to North Carolina General Statutes § 160A-288, the governing body of a town may adopt appropriate guidelines for the purpose of mutual assistance with other municipal and county law enforcement agencies; and
'WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and
'WHEREAS, it is deemed to be in the best interests of the citizens of the Town of Nags Head to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can both be rendered to and obtained from other governmental jurisdictions; and
'WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of the Town of Nags Head;
'NOW, THEREFORE, BE IT RESOLVED THIS 4th DAY OF JUNE, 2008, by the Town of Nags Head Board of Commissioners, North Carolina, that:
'1. The Chief of Police is hereby authorized to enter into mutual assistance arrangements with other municipal and county law enforcement agencies, provided that the head of the requesting law enforcement agency makes such request in writing;
'2. The Chief of Police is hereby authorized to permit officers of the Town of Nags Head Police Department to work temporarily with officers of the requesting agency, including in an undercover capacity, and the Chief of Police may lend such equipment and supplies to requesting agencies as he deems advisable;
'3. All such requests and authorizations shall be in accordance with North Carolina General Statutes § 160A-288, as applicable;
'4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those the officer normally possesses; and
'5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of the officer’s superior officers in the requesting agency, but the officer shall for personnel and administrative purposes, remain under the control of the officer’s own agency, including for purposes of pay. An officer shall furthermore be entitled to worker’s compensation and the same benefits to the extent as though he were functioning within the normal scope of the officer’s duties;
'6. The Chief of Police is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies."
PUBLIC HEARINGS
Public Hearing to consider zoning ordinance text amendment prohibiting roof top signs in the SPD-C Village at Nags Head (C-1, C-2, Hotel, Institutional) zoning districts
Town Attorney Ike McRee introduced the Public Hearing agenda item concerning a zoning ordinance text amendment prohibiting roof top signs in the SPD-C Village at Nags Head zoning districts. He announced the Public Hearing open at 9:16 a.m. Deputy Planning Director Bruce Bortz summarized the Planning and Development memo which read in part as follows:
"This item was on the Board of Commissioners consent agenda for May 7, 2008. At that meeting the commissioners entered into discussion about this proposal and requested that staff proceed with the text amendment as it pertained to the SPD-C, Village at Nags Head District only. Staff was directed to further study the situation of roof top signs within the Town’s commercial districts.
'During a recent review of an application for a sign permit for a business located within the Village at Nags Head, it was brought to Staffs attention that while the Towns Zoning Ordinance allows roof top signs, however the Declaration of Development Standards for the Village at Nags Head does not.
'Staff is proposing a zoning ordinance text amendment prohibiting roof top signs in the Village at Nags Head (C-1, C-2, Hotel and Institutional) Zoning Districts. Currently, the zoning ordinance allows roof top signs in these districts however staff submits that the zoning ordinance should be consistent with the Village at Nags Head Declaration of Development Standards (attached).
'Village at Nags Head (SPD-C)
While the zoning ordinance allows roof top signs in the Village SPD-C District the Declaration of Development Standards for the Village at Nags Head specifically prohibits them. Due to the fact that the Declaration of Development Standards prohibits roof top signs and the that the Village Architectural Review Committee cannot approve roof top signs the Town cannot issue the required zoning permit to erect them as stated in the agreement made between the Town Planning Department and the Village at Nags Head Property Owners Association on July 14, 2006 (see attached). Also, a copy of the Declaration of Development Standards for The Village at Nags Head is attached for your convenience.
'The Planning Board, at its April 15, 2008 meeting voted unanimously to initiate this proposed zoning ordinance text amendment as it pertained to both the Village and the Town’s Commercial Districts."
Notice of the Public Hearing was published in the Coastland Times on Thursday, May 22, 2008 and on Thursday, May 29, 2008 as required by law.
Comr. Remaley confirmed with Mr. Bortz that the proposal constituted a housekeeping ordinance to clean up a conflict in the Code.
There being no one present who wished to speak, Mr. McRee announced the Public Hearing closed at 9:17 a.m.
MOTION: Comr. Remaley made a motion to adopt the zoning ordinance text amendment prohibiting roof top signs in the Village as presented. The motion passed 4 - 0 (Comr. Gray was not present.).