DRAFT Nags Head Board Meeting Minutes
December 3, 2003
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
December 3, 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, December 3, 2003.
COMRS PRESENT: Mayor Robert Muller; Mayor Pro Tem George Farah III; Comr. Doug Remaley;
Comr. Brant Murray; Comr. Anna Sadler; Comr. Elect Wayne Gray; and
Comr. Elect Bob Oakes
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Webb Fuller; Town Attorney Ike McRee; Deputy Town Manager Rhonda Sommer; Tim Wilson; Bruce Bortz; Butch Osborne; Dave Clark; Roberta Thuman; Don Bailey; Jeanne Acree; Dave Masters; Jeanne Kramer; Nancy Matthews; Kevin Schwartz; Scheryl Gray; Chuck Blazek; Susie Walters; Jody Crosswhite; Donna Crosswhite; Steve Burch; Harry Thompson; James Wentz; Christine Boyle; Camille Lawrence; Deborah Bryant; Louanne Woody; Jo Fessler; Ralph Calfee; Joe Maione; Bill Owen; Gail Anderson; Charles Evans; Colleen Oaksmith; Jennifer Frost; Matt Artz; Julia LeDeux; and Town Clerk Carolyn Morris
Mayor Muller called the meeting to order followed by a moment of silent meditation and the Pledge of Allegiance.
FESTIVAL OF THANKSGIVING CERTIFICATES OF APPRECIATION
Mayor Muller offered to the Board for consideration a Resolution of Appreciation for the Festival of Thanksgiving Committee.
MOTION: Mayor Pro Tem Farah made a motion to adopt the Festival Resolution of Appreciation as presented. The motion was seconded by Comr. Murray which passed unanimously.
Festival of Thanksgiving Chair Dwight Gregory accepted the resolution on behalf of the entire Festival Committee and all who assisted with the 2003 Festival of Thanksgiving.
The Festival Resolution, as adopted, read in part as follows:
"RESOLUTION OF APPRECIATION
'WHEREAS, the Festival of Thanksgiving 2003 was held November 21-23, 2003,
'WHEREAS, the following volunteers were essential to the success of the Festival: Dwight Gregory; Peggy Saporito; Matt Artz; JoNell Belsie; Al Byrum; Don Bailey; Courtney Quillin; Suzy Barrett; Ralph Barile; Kevin Brinkley; Barbara Minter; Dave Morton; Lisa Ward; Perry White; The Sommer Family; Pat Moore; The Gregory Family; Susan and Alex Boncek plus numerous others and local businesses; AND
'WHEREAS, much time was contributed and sacrifices were made during the preparation of the Festival which was very much appreciated by the Town of Nags Head; AND
'WHEREAS, the efforts of the Festival of Thanksgiving 2003 Committee enabled the entire community to come together and enjoy a fun-filled schedule of events.
'NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of the Town of Nags Head extends its sincere appreciation to each Festival of Thanksgiving 2003 Committee member for their efforts which resulted in a very successful event from Friday, November 21, 2003, through Sunday, November 23, 2003."
PRESENTATION OF EMPLOYEE OF THE YEAR AWARD
Mayor Muller highlighted some of the accomplishments of the following Employee of the Year (EOY) nominees:
Administrative Services Kim Thompson
Planning and Development Kim Allen
Public Safety – Police Division Kris Merithew
Public Safety - Fire Division John Kenny
Town Clerk's Office Kim Thompson
Public Works Doug Huff
Mayor Muller noted that Doug Huff was not present as he was with his father who was undergoing surgery.
MOTION: Mayor Pro Tem Farah made a motion to approve the Certificates of Appreciation for EOY nominees as presented. The motion was seconded by Comr. Murray which passed unanimously.
On behalf of the Board, Mayor Muller presented the 2003 Employee of the Year plaque to Code Compliance Officer Kim Allen, Planning and Development Department.
REORGANIZATION OF THE BOARD
Town Clerk Carolyn Morris summarized her memo dated November 24, 2003, which read in part as follows:
"REPORT ON RESULTS OF ELECTION
The official results of the November 4, 2003, municipal election are as follows:
'Position of Commissioner No. of votes % of votes received
Wayne Gray 342 28%
Bob Oakes 320 26%
Doug Remaley 317 26%
George Farah, III 240 20%
'Officially elected to the Nags Head Board of Commissioners for four (4) years as Commissioner are:
Wayne Gray and Bob Oakes.
'OATHS OF OFFICE
The Town Clerk will give the oath of office to Comr-elect Wayne Gray and to Comr-elect Bob Oakes.
'SELECTION OF MAYOR PRO TEM AND OATH OF OFFICE
The Board of Commissioners will elect a Mayor Pro Tem who will then receive the oath of office from the Town Clerk."
Town Clerk Carolyn Morris swore in Comr. Elect Wayne Gray and Comr. Elect Bob Oakes as Nags Head Commissioners.
Doug Remaley and George Farah left their seats and the Board reorganized.
MOTION: Comr. Sadler made a motion to nominate Comr. Murray as Mayor Pro Tem which was seconded by Mayor Muller. It was Board consensus to close the nominations. The motion passed unanimously.
Town Clerk Carolyn Morris swore in Comr. Murray as Nags Head Mayor Pro Tem.
A copy of the oaths of office taken are attached to and made a part of these minutes as shown in Addendum "A".
PRESENTATION OF CERTIFICATES OF APPRECIATION
Mayor Muller read a Resolution of Appreciation for former Commissioner Doug Remaley.
MOTION: Mayor Pro Tem Murray made a motion to adopt the Resolution of Appreciation for former Commissioner Doug Remaley as presented. The motion was seconded by Comr. Sadler which passed unanimously.
The Resolution of Appreciation for Mr. Remaley, as adopted, read in part as follows:
"RESOLUTION OF APPRECIATION
'WHEREAS, Doug Remaley has served the Town of Nags Head as Commissioner from December 6, 1995, until December 3, 2003; AND
'WHEREAS, his service has been marked by exemplary dedication to the best interests of the Town of Nags Head as he worked for the betterment of the town’s economic, cultural and aesthetic development; AND
'WHEREAS, his performance of the duties and responsibilities of a member of the Board of Commissioners has been characterized by excellent and constructive contributions to municipal government in our Town.
'NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head, herein assembled in regular session on this third day of December 2003, does hereby express its sincere appreciation and thanks to Doug Remaley for his distinguished service to the community, and highly commends him for the manner in which he carried out his duties and responsibilities as a Commissioner for the Town of Nags Head.
'BE IT FURTHER RESOLVED, that the Board of Commissioners extends him best wishes for continued success as he leaves this Board."
Mr. Remaley said that it has been a pleasure serving the people of Nags Head.
Mayor Muller read the Resolution of Appreciation for former Commissioner George Farah.
MOTION: Mayor Pro Tem Murray made a motion to adopt the Resolution of Appreciation for former Commissioner George Farah as presented. The motion was seconded by Comr. Sadler which passed unanimously.
The Resolution of Appreciation for Mr. Farah, as adopted, read in part as follows:
"RESOLUTION OF APPRECIATION
'WHEREAS, George Farah, III, has served the Town of Nags Head as Commissioner from December 6, 1995, until December 3, 2003; AND
'WHEREAS, his service has been marked by exemplary dedication to the best interests of the Town of Nags Head as he worked for the betterment of the town’s economic, cultural and aesthetic development; AND
'WHEREAS, his performance of the duties and responsibilities of a member of the Board of Commissioners has been characterized by excellent and constructive contributions to municipal government in our Town.
'NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head, herein assembled in regular session on this third day of December 2003, does hereby express its sincere appreciation and thanks to George Farah, III, for his distinguished service to the community, and highly commends him for the manner in which he carried out his duties and responsibilities as a Commissioner for the Town of Nags Head.
'BE IT FURTHER RESOLVED, that the Board of Commissioners extends him best wishes for continued success as he leaves this Board."
INTRODUCTION OF NEW EMPLOYEES
Public Works Director Dave Clark introduced new Water Plant Operator, Nancy Loomis, to the Board.
Public Safety Director Charlie Cameron introduced new Police Officer, Shawn McKimmey, to the Board.
Assistant Fire Chief Butch Osborne introduced new Fire Fighter, Matthew Laricos, to the Board.
RECOGNITION OF EMPLOYEE WITH YEARS OF SERVICE
Billy Murray, firefighter with Dept. of Public Safety was recognized by the Board for three (3) years of service with the Town and received a Cross pen with Town emblem.
AUDIENCE RESPONSE
No one spoke during Audience Response.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
- Consideration of Budget Adjustment #5 to FY 03/04 Budget
- Consideration of Tax Adjustment Report
- Request for public hearing to consider modification to Chapter 22 Zoning pertaining to Village at Nags Head Architectural Point System
- Consideration of Personnel Committee recommendations for minor updates to the Personnel Policy for clarification
- Consideration of annual certification of firefighters
MOTION: Mayor Pro Tem Murray made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Sadler which passed unanimously.
A copy of Budget Adjustment #5, as adopted, is attached to and made a part of these minutes as shown in Addendum "B".
A copy of the Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "C".
The Personnel Committee memo dated November 20, 2003, concerning drug and/or alcohol testing, as approved, read in part as follows:
"Attached for your review is the Substance Abuse and Controlled Substances portion of the Personnel Policy. The personnel committee is recommending several wording changes to the policy to clarify when drug and/or alcohol testing may be requested/required under the town’s policy.
'In addition, the Personnel Committee is recommending that qualified Law Enforcement be specified as the official to administer alcohol testing as we currently do not have local availability of blood alcohol testing. This wording has been added under Article VI, Section 6, Testing Procedures, Item 4, section (e)."
The annual roster of firefighters, as certified, is attached to and made a part of these minutes as shown in Addendum D".
PUBLIC HEARINGS
PUBLIC HEARING to consider proposed amendments to Section 22-153 Definition of Specific Words and Terms and Section 22-255 Outdoor Lighting of the Nags Head Code of Ordinances to allow soft lighting
Zoning Administrator Courtney Gallop summarized the Planning Board and Planning and Development staff memo dated October 28, 2003, which read in part as follows:
“Ms. Kerstin Everhart, a local restaurant owner has filed the attached zoning text amendments which if adopted would:
· Allow a business to install up to three lighted merchandise items along each of its right-of-way frontages as long as they are no farther than 12 feet from the principal building.
Staff has reviewed this proposal and has several concerns including the following:
· The proposed text amendment is not consistent with the 2000 Land and Water Use Plan which states;
“The Town shall recognize and shall take appropriate actions to mitigate the effects of commercial enterprises’ such as light, noise, and visual clutter may have on adjacent residential uses.” In staff’s opinion these amendments as written are likely to exacerbate rather than mitigate the effects of commercial activity on residential uses.
· The term stock merchandise is not defined. Staff is unclear as to what this term could encompass. This could include a car, a wave riding vehicle, a desk, a trailer, a bicycle, a rack of t-shirts, or a sofa. Each of these items would look dramatically different and have dramatically different impacts when illuminated.
· It may be the applicant’s intent that the illuminated items be items currently in stock within a premises. If this is the case, it would be difficult or impossible for staff to enforce this requirement on a regular and consistent basis.
· The proposed 12 foot maximum distance the merchandise could be from a principal building conflicts with the five foot minimum commercial side yard. This ordinance does not clarify where the merchandise would be located if a building is located less than twelve feet from the property line. This could lead to an applicant wanting more than three items on a right of way if they could not utilize the allowed 12 foot clearance from the building.
· The proposed text amendment lacks language to prevent these items from creating a glare and nuisance to adjacent properties.
· With respect to the proposed ordinance itself, staff finds that if adopted as written, this ordinance would have a generally negative affect on the Town’s visual appeal and would open the door to a general deterioration of the town’s highly effective and valued lighting and potentially sign regulations.
'Planning Board Recommendation:
At their October 21, 2003 Planning Board meeting the Planning Board members discussed this request. The Planning Board members concurred with staff that the language as proposed is too broad and lacks the specificity necessary for the ordinance to be applied as intended by the applicant. The Planning Board members determined that attracting attention to a business is more appropriately a signage issue as opposed to a lighting issue. The Planning Board members voted unanimously not to recommend approval of the proposed text amendment.
'Staff recommendation:
Staff strongly recommends against the approval of this proposed text amendment for the reasons stated above."
The applicant, Kerstin Everhart, provided the illuminated palm tree from her restaurant Bushwacker's, to show Board members what she would like displayed on her property.
Notice of the public hearing was published in the Coastland Times on Thursday, November 20, 2003, and on Thursday, November 27, 2003, as required by law.
Mayor Muller announced the public hearing open at 9:43 a.m.
Kerstin Everhart, applicant and owner of Bushwacker's Restaurant; stated that she has received positive feedback from her guests concerning the palm tree outside of her restaurant; many guests use it as a landmark for finding her restaurant as it sits back off the bypass and is not in a brightly lit area; she feels it is a good way to attract guests without lighting up the entire restaurant and it fits with her restaurant’s theme; she praised Kim Allen for his work with her on this proposal; she suggested that the ordinance be modified to indicate that only manufactured items that are meant to be illuminated should be included; she asked the Board for some direction as to how they could help her make it work.
There being no one else present who wished to speak, Mayor Muller announced the public hearing closed at 9:48 a.m.
Comr. Gray confirmed with Ms. Gallop that with the proposal presented anything in the store can be lit outside of the restaurant.