Draft Nags Head Board Meeting Minutes
October 4, 2006
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
October 4, 2006
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, October 4, 2006.
COMRS PRESENT: Mayor Renée Cahoon; Comr. Wayne Gray; and Comr. Doug Remaley
COMRS ABSENT: Mayor Pro Tem Anna Sadler and Comr. Bob Oakes
OTHERS PRESENT: Interim Town Manager Charlie Cameron; Town Attorney Ike McRee; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Andy Garman; Kelly Wyatt; Bonita Hurdle; Michael Flowers; Billy Mathias; John Wilkinson; Ron Watson; John DeLucia; Doug Marley; George Moore; Mike Kelly; Webb Fuller; June Fisher; Reed Fisher; Yogi Harper; George Barnes; Coy Tillett; Charlan Owens; Tommy Twiddy; and Town Clerk Carolyn Morris
Call to order
Mayor Cahoon called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the pledge of allegiance.
Mayor Cahoon - Remove Request for Public Hearing item from Consent Agenda
MOTION: Comr. Gray made a motion to remove item #11 (Request for Public Hearing to consider a zoning ordinance text amendment to Town Code Section 48-7 Definition of "Restaurant" to allow an accessory restaurant building to function as a principle building) from the Consent Agenda for discussion later in the meeting. The motion was seconded by Comr. Remaley which passed 3 - 0 (Mayor Pro Tem Sadler and Comr. Oakes were absent.).
Mayor Cahoon - Mayor Pro Tem Sadler and Comr. Oakes not present
Mayor Cahoon noted that Mayor Pro Tem Sadler and Comr. Oakes were not present at today's meeting.
Audience Response
Town Attorney Ike McRee opened Audience Response.
Audience Response - George Moore
George Moore, Nags Head resident; he asked the Board to reconsider the proposed ordinance limiting the days to operate equipment on the beach for sand pushing; the proposed ordinance prohibits equipment on the beach on weekends except in case of emergency; he feels this could greatly hurt the property owner.
Audience Response - Yogi Harper
Yogi Harper, South Nags Head resident; agreed with George Moore's comments; cutting out weekends for beach pushes would cut out approximately 48 days from his work schedule; he requested that the Board reconsider the proposal to prohibit equipment on the beach on weekends.
Audience Response - Bonita Hurdle
Bonita Hurdle, Nags Head employee; she spoke as an employee and as a Red Cross representative; the Red Cross Blood Drive is a joint effort with other agencies; she thanked the Board for supporting her as she participates in the drive each year and also for allowing employees to participate each year; on behalf of the American Red Cross she presented the Board with the Community Courage Award for 2005-2006 which represents the Board's dedication to the community.
Audience Response - Mike Kelly
Mike Kelly, Nags Head resident and business owner; he asked the Board to reconsider the use of asphalt for the US 158 bike path from Eighth Street to Carolinian Circle on US 158 and encouraged the use of concrete as it would be easier for maintenance, etc.; one of the best things the Town has done is the construction of the east side Beach Road bike path and he spoke in favor of the proposed bike path on US 158. Mr. Kelly also thanked the Board for encouraging the development of hotels/motels in the Town.
Consideration of Big Sweep Day Resolution
MOTION: Comr. Remaley made a motion to adopt the Big Sweep Day resolution as presented. The motion was seconded by Comr. Gray which passed 3 - 0 (Mayor Pro Tem Sadler and Comr. Oakes were absent.).
The Big Sweep Day resolution, as adopted, read in part as follows:
"WHEREAS, The Town of Nags Head is rich in natural resources and beauty; AND
'WHEREAS, Water is a basic and essential need for all life; AND
'WHEREAS, Trash fouls our waterways as well as our landscapes; AND
'WHEREAS, Every citizen should contribute to keeping our environment clean and healthy by working together to preserve clean water and the natural beauty of our surroundings; AND
'WHEREAS, North Carolina Big Sweep is a statewide community effort to retrieve trash from North Carolina’s waterways and landscapes; AND
'WHEREAS, During its first nineteen years, North Carolina Big Sweep volunteers have retrieved over 7 ½ million pounds of debris from our environment, including tires, white goods and other solid waste; AND
'WHEREAS, The 2006 North Carolina Big Sweep cleanup is the 20th consecutive annual cleanup event held by North Carolina Big Sweep; AND
'WHEREAS, The Nags Head Board of Commissioners wishes to celebrate Big Sweep’s anniversary by making this the most successful cleanup yet.
'NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Town of Nags Head, North Carolina, meeting on October 4, 2006 does hereby declare October 7, 2006 as NAGS HEAD BIG SWEEP 2006 DAY and does further hereby urge every citizen to do his or her part to restore the beauty and function of our lakes and streams by volunteering to participate in the 20th annual Big Sweep event."
Recognition of employee with years of service
Public Works Director Dave Clark introduced Sanitation Equipment Operator Michael Flowers and the Board recognized him for three (3) years of service.
Introduction of new employees
Fire Chief Butch Osborne introduced Firefighters Billy Matthias and John Wilkinson and the Board welcomed them to Town employment.
Public Works Director Dave Clark introduced Fleet Maintenance Mechanic Ron Watson and the Board welcomed him to Town employment.
Consent Agenda
The Consent Agenda consisted of the following items:
- Consideration of Budget Adjustment #3 to FY 06/07 Budget
- Consideration of Tax Adjustment Report
- Approval of Minutes
- Consideration of resolution to surplus refuse truck
- Consideration of funding source for installation of streetlights across from Outer Banks Hospital
- Request for Public Hearing to consider a zoning ordinance text amendment to Town Code Section 48-7, Definitions of specific words and terms to add a definition for “General Contractor’s Office” and proposed amendment to Section 48-167, Required Parking by Use to add a parking standard for “General Contractor’s Office”
- Request for Public Hearing to consider a zoning ordinance text amendment to Section 48-661 to specifically provide that the Planning Board has the authority to initiate zoning map amendments
MOTION: Comr. Gray made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Remaley which passed 3 - 0 (Mayor Pro Tem Sadler and Comr. Oakes were absent.).
Budget Adjustment #3 will require a Second Reading at the October 18, 2006 mid-month Board meeting as 4/5 of the Board were not present to vote.
The Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "A".
The resolution to surplus the refuse truck, as adopted, read in part as follows:
"WHEREAS, the Board of Commissioners of the Town of Nags Head, North Carolina desires to declare surplus and offer for private sale at negotiated price certain Town owned property.
'NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Nags Head in accordance with GS 160A-266 and GS 160A-267:
'(1) The following described Town owned property is hereby declared to be surplus to the needs of the Town of Nags Head: Public Works Dept; Fixed Asset # 465; Sanitation Truck 2000 Sterling L-850; Truck no longer meets Town's need for service; private sale at negotiated price (to be sold to Dare County for $25,000)
'(2) The Town Manager or his designee is hereby authorized to dispose of the listed item by any legal means allowable to include private sale at a negotiated price.
'(3) The Town Clerk is hereby directed to publish a notice summarizing the contents of this resolution; no sale shall be considered final until ten (10) days after its publication."
The agenda summary sheet concerning the funding source for installation of streetlights, as approved, read in part as follows:
"The Board has previously approved the installation of a street light in the public right of way on the east side of US 158 at the entrance to the commercial center across from the Outer Banks Hospital. The cost of the installation of this street light is $3,995.00.
'Request authorization to continue process with NC Dominion Power for installation of streetlight with funding from Public Works Facilities Contracted Services - 530-5445-00. The monthly cost of the additional streetlight will be funded through Public Works Facilities Utilities 530-532300."
Public Hearings
PUBLIC HEARING to consider a site plan/conditional use/vested right application for KFC Restaurant, applicant Heartland Delaware, Inc. for an expansion to the existing building for additional seating and service area located at 7328 S. Virginia Dare Trail
Town Attorney Ike McRee introduced the Public Hearing agenda item.
Town Clerk Carolyn Morris swore in Albemarle Engineering representative John DeLucia and Zoning Administrator Kelly Wyatt.
Zoning Administrator Kelly Wyatt summarized the Planning Board and Planning and Development staff memo dated September 19, 2006 which read in part as follows:
"Albemarle & Associates, LTD., has submitted the attached conditional use/vested right site plan application on behalf of Heartland Delaware, Inc. for expansion and improvements to the existing KFC Restaurant located at 7328 S. Virginia Dare Trail. Proposals include:
- Dining/customer service area expansion.
- Enclose the existing covered entry.
- Modify deck and ramp at entrance.
- New deck addition on the northern side of the building, to match existing decking.
- Placement of new coolers and relocation of existing propane tanks.
- Signage to be replaced in conformity with Town Code.
'In addition to the above listed expansions and improvements numerous areas of non essential pavement and curbing are proposed to be removed. Taking into consideration the existing lot coverage, areas of lot coverage to be removed and minimal areas of new coverage, this proposal results in a lot coverage decrease of 204 sq. ft. below what is currently on-site. The existing KFC does not conform to the current Nags Head zoning ordinance pertaining to architectural design or the Flood Hazard Prevention Ordinance. The proposed improvements will not exceed 50 percent of the assessed value of the structure therefore not creating substantial improvement which eliminates the requirement to address these existing non-conformities.
'The project proposal does not impact the existing internal circulation pattern and has been reviewed and approved by the Town Engineer. Lighting, signage and parking requirements have been reviewed and approved by Planning Staff.
'Planning Board Recommendation:
On September 19, 2006 the members of the Planning Board reviewed the attached site plan/conditional use/vested right application. They voted unanimously to recommend approval of the site plan/conditional use application as presented.
'Staff recommendation:
Staff has determined that the proposed improvements will not increase the degree of site non-conformities and therefore recommends approval of this project as presented.
'The Board of Commissioners is required to make the following affirmative findings of fact for this and all conditional use applications:
1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.
2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.
3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town."
Notice of the Public Hearing was published in the Coastland Times on Tuesday, September 19, 2006 and on Tuesday, September 26, 2006 as required by law.
Town Attorney Ike McRee announced the Public Hearing open at 9:20 a.m.
John DeLucia, Albemarle Engineering, represented the applicant; he said that he will be available to answer any questions the Board may have.
Mr. McRee verified that no one present had any evidence to present. The evidentiary Public Hearing was closed at 9:21 a.m.
MOTION: Comr. Gray made a motion to make the following findings of fact:
- That the applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances
- That the use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted
- That the use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town
And to approve the site plan/conditional use/vested right application for KFC as presented. The motion was seconded by Comr. Remaley which passed 3 - 0 (Mayor Pro Tem Sadler and Comr. Oakes were absent.).
PUBLIC HEARING to consider an amendment to the Town's Land and Water Use Plan to allow the filling of tidal adjacent wetlands along the estuarine shoreline in the area of highway US 64/264
Town Attorney Ike McRee introduced the Public Hearing agenda item.
Deputy Planning Director Bruce Bortz summarized the Planning Board and Planning and Development staff memo dated September 26, 2006 which read in part as follows:
"The Board of Commissioners at their August 16th meeting requested staff to prepare an amendment to the Town’s 2000 Land and Water Use Plan which would allow the filling of Tidal adjacent or contiguous wetlands under limited circumstances.
'The Town’s 2000 Land and Water Use Plan contains a policy statement that prohibits the filling of these wetlands. Typically these wetlands are found adjacent to the estuarine shoreline. The existing policy would be modified as follows:
'Chapter 8, policy 11 . Estuarine Waters and Shoreline Plan be amended to read as follows:
11. US Army Corps of engineers
· The Town supports vigorous enforcement of the US Army Corps of Engineers regulations on filling of wetlands.
· The Town’s policy on filling wetlands is as follows:
· Isolated wetlands.
¨ Policy: Isolated wetlands (either jurisdictional or non-jurisdictional) located outside the Conservation (E- 1 or E-2) Land Use Classification zone can be filled and the applicant shall obtain a COE permit if a COE permit is required.