Draft Nags Head Board Meeting Minutes
March 1, 2006
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
March 1, 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, March 1, 2006.
COMRS PRESENT: Mayor Renée Cahoon; Comr. Bob Oakes; and Comr. Doug Remaley
COMRS ABSENT: Mayor Pro Tem Anna Sadler and Comr. Wayne Gray
OTHERS PRESENT: Town Manager Seth Lawless; Town Attorney Ike McRee; Deputy Town Manager/Public Safety Director Charlie Cameron; Butch Osborne; Wayne Byrum; Dave Clark; Tim Wilson; Bruce Bortz; Christopher Braddy; John Ratzenberger; Ted Roupas; Delores Roupas; Yogi Harper; Sheila Foster; Dr. Nancy White; Harry Thompson; Joe Duke; Joshua Whitley; Ellis Hankins; Ed Mays; James Caraway; Neil Kirkpatrick; Melissa McAllister; Claudia Jones; Darnell Tillett; Donna Greenlee; Bobby Harrell; Skip Morgan; JoAnne Greene; Randy Graham; Charlie Bunyea; and Town Clerk Carolyn Morris
Mayor Cahoon called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the pledge of allegiance.
AUDIENCE RESPONSE
Town Attorney Ike McRee opened Audience Response for comments.
James Caraway, Surfside Drive property owner; asked Board to allow property owners an easement in the right-of-way to place sandbags to protect their properties.
Neil Kirkpatrick, Surfside Drive property owner; the houses have been uninhabitable for over a year; he would like consideration by the Board to allow property owners an easement in the right-of-way to place sandbags for protection.
Yogi Harper, represents four (4) Surfside Drive property owners; he has been working with various agencies; he would like to keep the houses from being a public nuisance and requested that the Town allow encroachment onto the Town's property for the placement of sandbags.
Delores Roupus, represents a financial interest in the community; she is concerned about Atlantic Cab company as an additional cab company in the area; she would like the Board to look into the saturation level of cabs already present before another company is licensed in the Town.
Melissa McAllister, represents the property owner who purchased the property that was formerly Andy's RV Trailer Park; they are working to improve Forbes Street as a Town street; she would like to set up a meeting with the Board to discuss her proposal.
There being no one else present who wished to speak, Mr. McRee announced Audience Response closed.
PRESENTATION OF 2005 Community Appearance Awards
Mayor Cahoon introduced Citizens Advisory Committee (CAC) representative John Ratzenberger.
Mr. Ratzenberger briefly summarized the function of the CAC and explained the Community Appearance Award Process.
On behalf of the Board, Mayor Cahoon presented plaques to the following recipients of the 2005 Community Appearance Awards:
- Claudia Jones, owner of Sea Tree Gallery, winner of Most Improved Site
- Darnell Tillett, owner of Mutiny Bay Golf, winner of Third Place
- Donna Greenlee, owner of Greenlee Building, winner of Second Place
- Bobby Harrell, owner of Harrell & Associates; and Skip Morgan, owner of Outer Banks Birdwatchers; winners of First Place tie
On behalf of the Board, Mayor Cahoon thanked all the award recipients for their efforts in beautifying their businesses and congratulated them on their awards.
INTRODUCTION OF NEW EMPLOYEE
Deputy Police Chief Wayne Byrum introduced new Police Officer Christopher Alan Braddy who began working for the Town on January 31, 2006.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
- Consideration of Budget Adjustment #8 to FY 05/06 Budget
- Consideration of Tax Adjustment Report
- Approval of Minutes
- Board Retreat - January 30, 2006
- Regular Board Meeting - February 1, 2006
- Recessed Board Meeting - CIP - February 7, 2006
- Recessed Board Meeting - CIP - February 15, 2006
- Recessed Board Meeting - Mid-month meeting - February 15, 2006
- Beach Nourishment Workshop - February 22, 2006
- Consideration of lease/purchase resolution for capital items
- Request to advertise for delinquent taxes
- Request for Public Hearing to consider proposed amendments to Town Code Section 48-7 Commercial/Residential Mixed Development
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Oakes which passed 3 - 0 (Mayor Pro Tem Sadler and Comr. Gray were absent.).
A copy of Budget Adjustment #8, 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 lease/purchase resolution, as adopted, read in part as follows:
"RESOLUTION AUTHORIZING LEASE/PURCHASE OF CAPITAL ITEMS
'The Board approved within the budget financing the purchase of replacement vehicles and equipment in various Town departments.
'WHEREAS, the Town of Nags Head through its Mayor, with the consent and approval of the Board of Commissioners, has entered into a contract with RBC Centura for the purchase of capital items to include:
- Planning pick-up truck
- Public Works Administration sports utility vehicle
- Public Works Facilities Maintenance two (2) pickups, tractor mower, mower side-arm
- Police sports utility vehicle and five (5) automobiles
- Ocean Rescue pickup truck
- Water Distribution pickup truck
- Public Works Sanitation two (2) automated refuse trucks and a flatbed
'WHEREAS, the said contract, bearing the date ______qualifies as a tax-exempt obligation of the Town, pursuant to the Internal Revenue Code of 1986.
'NOW, THEREFORE BE IT RESOLVED, that the Nags Head Board of Commissioners authorizes the aforesaid contract, bearing the date ______by and between the Town of Nags Head and RBC Centura together with the amount to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986."
The memo concerning the request to advertise for delinquent taxes, as approved, read in part as follows:
"Request for approval for advertisement:
In accordance with NCGS 150-369 Advertisement of tax liens on real property for failure to pay taxes “…The Municipal tax collector shall advertise municipal tax liens by posting a notice of the liens at the city or town hall and by publishing each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period of March 1 thru June 30…The posted notice and newspaper advertisement shall set forth the following information: The name of each person to whom is listed real property on which the taxing unit has a lien for unpaid taxes, together with a brief description of each parcel of land to which such a lien has attached, and a statement of the principal amount of the taxes constituting a lien against the parcel; a statement that the amounts advertised will be increased by interest and costs and that the omission of interest and costs from the amounts advertised will not constitute waiver of the taxing units claim for these items; and a statement that the taxing unit may foreclose the tax liens and sell the real property to the liens in satisfaction of its claim for taxes.”
'With your approval, staff intends to advertise the liens in the Coastland Times on March 5, 2006 in accordance with NCGS 105-369. Included for your information is a list of unpaid taxes that are liens on real property as of the 21st of February which will be advertised on March 5th. Any payments received between the 21st and noon on Wednesday March 1st will be removed from list.
'Request for authorization to begin In-Rem Foreclosure process on 2005 taxes:
In accordance with NCGS 105-375, In Rem method of foreclosure “Docketing Certificate of Taxes as Judgment. In lieu of following the procedure set forth in GS 105-374, the governing body of any taxing unit may direct the tax collector to file with the clerk of superior court, no earlier than 30 days after the tax liens were advertised…”
'With your direction, staff will begin the In Rem Foreclosure process where necessary on the 2005 delinquent taxes thirty days after advertising."
PUBLIC HEARINGS
PUBLIC HEARING to consider Atlantic Cab application for public convenience and necessity
The memo from Town Clerk Carolyn Morris dated February 20, 2006 was presented to the Board and read in part as follows:
"On December 22, 2005, 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.
'This application is from Atlantic Cab, Joshua Ian Whitley, owner. The application was verified by the applicant under oath and the applicant has paid the $50.00 application fee.
'Section 46-73 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 46-74 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. Consideration of GS 160A-304, regulation of taxis.
7. Such other relative facts as may be deemed necessary and advisable.
'Section 46-76 (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 46-74 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 46-76 (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 46 of the Town Code, or that the requirements in Section 46-74 favor disapproval of the application.
'The application and background information was forwarded to the Police Division for processing; a favorable response has been received after investigation."
Town Attorney Ike McRee announced the Public Hearing open at 9:11 a.m.
Joshua Whitley, applicant; taxi cabs are important for residents and tourists; he has seen that improvements are needed with existing cab companies in the area of safety and customer service; he will operate 24 hours/day for anyone in Dare County; he wanted the Board to know that he takes his application very seriously.
Public Safety Director Charlie Cameron stated that Mr. Whitley has not purchased any fleet vehicles yet and that Mr. Whitley understands he would have to comply with the Town's taxi-cab ordinance if approved; Mr. Whitley has a quote from the insurance company but no certificate of insurance as he has not yet purchased vehicles; Mr. Whitley understands he would have to meet all of the requirements, including adhering to the rate schedule identified in the Town's ordinance.
Comr. Remaley confirmed with Chief Cameron that background checks on Mr. Whitley were excellent.
Mr. McRee invited others interested in the Public Hearing to speak:
JoAnne Greene, Kitty Hawk resident; she travels a lot and is always impressed when she utilizes taxi-cabs that are clean and safe; she is financially backing the applicant Joshua Whitley and stands behind him.
Joe Duke, Coastal Cab; six years ago he received a certificate of public convenience and necessity for Coastal Cab and he has learned a lot since then; cab companies are very regulated by ordinance and it is difficult to make a profit; he does not see the need for another cab company on the Outer Banks and is opposed to the application by Mr. Whitley.
Ted Roupus, he has a financial interest in Bayside Cab Co.; it is not easy to make a profit in the business; currently Bayside Cab Co. is not making a profit and another company would make it that much harder; too many cab companies mean more of a chance of illegal drugs in the community; he does not feel the applicant has shown the need for another company.
Comr. Remaley questioned why an additional taxi-cab company would increase drug use in the community; Mr. Roupus stated that he has heard of the use of cabs for drug transactions.