Nags Head Board Meeting Minutes
January 9, 2008
TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
REGULAR SESSION
January 9 , 2008
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, January 9, 2008.
COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler; Comr. Wayne Gray;
Comr. Doug Remaley and Comr. Bob Oakes
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Charlie Cameron; Deputy Town Manager Bill Richardson; Town Attorney Ike McRee; Wayne Byrum; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Bruce Bortz; Kelly Wyatt; Raymond Pate; John Hall; Eric Sheffield; Kurtis Kraft; Mava Sears; Charlan Owens; Bob Muller; Eddie Goodrich; Keith Englemeyer; David Griffin; Neal Conoley; Chip Hemenway; Duncan McFayden; Chris Ivers; Mike Remige; Joe Malat; Ken and Georgia Sehlhorst; Annette and John Ratzenberger; 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.
ADOPTION OF AGENDA
MOTION: Comr. Gray made a motion to adopt the January 9th agenda as presented. The motion was seconded by Comr. Remaley which passed unanimously.
AUDIENCE RESPONSE
Town Attorney Ike McRee opened Audience Response.
AUDIENCE RESPONSE - RAYMOND PATE
Raymond Pate - Carolinian Circle property owner; spoke concerning the proposed ordinance to be considered for limited access street; he feels that the ordinance is contrary to achieving the intended goal which was to preserve as much as possible existing integrity of vegetation adjacent to the roadway; he asked that the issue be tabled so property owners/staff could meet to discuss civil/environmental concerns.
There being no one else who wished to speak, Mr. McRee closed Audience Response at 9:05 a.m.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
Consideration of Budget Adjustment #5 to FY 07/08 Budget Ordinance
Consideration of Tax Adjustment Report
Request authorization to submit CWMTF grant application for sand-bottom tank replacements
Approval of Minutes
Request for Public Hearing to consider zoning ordinance text amendment - option #1 - concerning elimination of top plate requirement - from December 5, 2007 Board meeting
Request for Public Hearing to consider zoning ordinance text amendment by Mr. Eddie Goodrich to Town Code Section 48-864, Village Hotel District to allow up to 50% of required parking for a hotel to be located off-site as well as to allow off-site accessory uses
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Gray which passed unanimously.
The Budget Adjustment #5, as adopted, is attached to and made a part of these minutes as shown in Addendum "A".
The Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum "B".
The memo concerning authorization for CWMTF grant application, as approved, read in part as follows:
"In the fall of 2005 following discussions with the Board of Commissioners staff began working with the UNC School of Government Environmental Finance Center to develop an innovative funding program for the replacement of failed septic systems that are jeopardizing the water resources of the region. At that time the Town estimated that there were as many as 269 sand bottom septic tanks. The total program amount at that time was $504,000 ($200,000 CWMTF, $204,000 Clean Water State Revolving Fund (CWSRF) and the $100,000 set aside by the BOC in the annual budget. Staff anticipated the average cost to replace a non-compliant septic system would be approximately $3,000.
'On December 1, 2005 the Town applied for a grant from Clean Water Management Trust Fund for $200,000. Between January and August 2006 staff worked with representatives from CWMTF, The UNC Environmental Finance Center and CWSRF to refine the plan. On August 1, 2006, the Board of Commissioners requested that the CWMTF grant be withdrawn from CWMTF funding considerations. The grant was withdrawn.
'Staff at this time is requesting authorization to reapply to the CWMTF for this grant in the same amount as previously applied for ($200,000). Staff has been in contact with representatives from CWMTF and the UNC School of Government Environmental Finance Center about reviving this program. If the grant application is authorized, staff will also be contacting representatives from the North Carolina State Clean Water revolving fund to inquire about their participation.
'Sand Bottom Septic Tank Replacement Program details.
The following is a review of the program as it was envisioned prior to withdrawing the CWMTF grant application on August 1, 2006.
'The funding plan for these failed systems will place the majority of fiscal responsibility with homeowners, but provides enough grant incentives to encourage a high level of repairs. The sand bottom replacement tank program will be administered by the Town. Included in the funding mix would be a loan under the State Clean Water Revolving Fund, a grant from Clean Water Trust Fund (CWMTF) and financial contribution from the Town. The Town’s willingness to borrow funds from the CWSRF will mark the first time the CWSRF has been used for this type of decentralized project in the entire southeastern United States. The project was discussed with EPA officials and State CWSRF officials and they were in supportive of the project on its own merits, but also see it as a landmark project that may open the door to similar efforts elsewhere. Once a failed non-compliant septic system has been identified, a funding package would be presented to the homeowner for consideration for the replacement of their system. Repayment of any loan portion of the funding package would be paid back through the water billing account. (NOTE: The existing Munis financial software is not able to perform this function at this time.) The town estimated that it needs $200,000 from CWMTF to make the overall loan/grant package attractive enough to assure the overall initiative’s success. Under a draft funding scenario a homeowner would receive a grant for 35% of the replacement costs. The remaining 65% would be in the form of a low interest loan. As the loans are paid off (through water billing) over a five year period, the interest earned and principal will go back in the “revolving loan” fund to loaned out again. Without this “revolving” loan fund, the Town would only be able to repair about 150 systems. With the interest earned on the loans over a 20 year period the town would be able assist in the replacement of 269 septic systems as well as pay back the $204,000 loan from CWSRF. If funding is approved we anticipate that the program would begin in the fall of 2008."
PUBLIC HEARINGS
Public Hearing to consider zoning ordinance text amendment to Town Code 48-361 Temporary uses to allow temporary communication towers to be erected on same site as existing tower and on parcels within C-2, General Commercial and C-3, Commercial Services zoning district - from December 5, 2007 Board meeting
Town Attorney Ike McRee introduced the Public Hearing concerning allowing temporary communication towers to be erected on same site as the existing tower; Planning Director Tim Wilson summarized the Planning and Development memo which read in part as follows:
"Attached is a proposed zoning ordinance text amendment, initiated by the Town of Nags Head Board of Commissioners, to better address the issue temporary communication towers. Currently, the zoning ordinance regulates communication towers based upon height and the use of guy wires. Minor communication towers, towers seventy (70) feet in height and less are permitted by right as customary accessory uses in the Residential Zoning districts (R-1, R-2 and R-3) in the Commercial/Residential District (CR), in the Commercial Zoning Districts (C-1, C-2, C-3 and C-4) and in the SPD-20, Special Planned Development District. Minor communication towers can utilize guy wires. Major communication towers, towers over seventy (70) feet in height are allowed by conditional use permit in the C-3, Commercial Services District and a limited area within the R-3, High Density Residential District. Major communication towers cannot utilize guy wires.
'The purpose of the proposed ordinance is to allow the permitted of temporary towers limited to the replacement and continuation of communication services provided by existing communication towers and/or platforms rendered unusable due to required repair or replacement. This proposal would allow temporary towers to be permitted on the same site as the existing tower or communication platform it is to temporarily replace, or may be located on other developed or undeveloped properties classified C-2, General Commercial District or C-3 Commercial Services District. Temporary towers shall not exceed a maximum height of one hundred (100) feet and may utilize guy wires. Temporary towers shall be erected for a period not to exceed eighteen (18) months.
'This text amendment is in response to the upcoming demolition of the existing water tower at the Town Hall site and the subsequent need for those providers co-located on the tank to provide temporary services while a new monopole is erected.
'Town Staff met with representatives from the three providers currently co-located on the water tank (Verizon, AT&T and Intelos). At this meeting Town Staff heard from each of the providers what would best suite their needs, each provider expressed a need to provide a temporary tower over seventy (70) feet in height. All three providers stated that if allowed to install their temporary towers at a height of one-hundred (100) feet, with guy wires, cellular service to the town citizens would be greatly increased over that coverage acquired when using a seventy (70) foot tower. This text amendment would also be advantageous in the event of storm damage as temporary communication facilities could be erected more efficiently than with the two-month conditional use permitting process.
'Land Use Plan Consistency Review
The proposed text amendment is considered consistent with the Land Use Plan.
'Staff Recommendation
Staff recommends approval of the zoning ordinance text amendment as presented.
'Planning Board Recommendation
The Planning Board, at its December 13, 2007 meeting, voted four (4) to one (1) to recommend approval of the proposed ordinance."
Notice of the Public Hearing was published in the Coastland Times on Thursday, December 26, 2007 and on Thursday, January 2, 2008 as required by law.
Questions from the Board:
Comr. Gray confirmed with staff that if a hurricane were to take down the communication tower, the proposal would allow another tower to be installed in its place.
Town Attorney Ike McRee declared the Public Hearing open at 9:09 a.m.
There being no one present who wished to speak, Mr. McRee declared the Public Hearing closed at 9:09 a.m.
MOTION: Comr. Gray made a motion to adopt the ordinance concerning temporary communication towers as presented. The motion was seconded by Comr. Remaley which passed unanimously.
A copy of the ordinance concerning temporary communication towers, as adopted, is attached to and made a part of these minutes as shown in Addendum "C".
Public Hearing to consider zoning ordinance text amendment by Mr. Eric Sheffield to Town Code Section 48-407(b), Permitted Uses within the C-2, General Commercial Zoning District to list new use of “Bed and Breakfast” as permitted use within the C-2 District
Town Attorney Ike McRee introduced the Public Hearing concerning the new use of "Bed and Breakfast"; Zoning Administrator Kelly Wyatt summarized the Planning and Development memo which read in part as follows:
"Mr. Eric Sheffield has submitted the attached zoning ordinance text amendment to add a use definition for “Bed and Breakfast” and to amend the pertinent sections of the ordinance to 1) define the use, 2) list this use as a permitted use within the C-2, General Commercial Zoning District and 3) to create a specific parking standard for this use.
'Bed and Breakfasts are not permitted in any zoning district at this time, however staff would submit that the use does meet the intent of the C-2, General Commercial District as such uses should serve the entire community.
'Land Use Plan Consistency
Staff finds that the proposed text amendment is consistent with the Town Land Use Plan.
'Staff Recommendation
Staff recommends approval of the zoning ordinance text amendment as presented.
'Planning Board Recommendation
The Planning Board, at their November 20, 2007 meeting voted unanimously to recommend approval of the proposed ordinance as presented."
Notice of the Public Hearing was published in the Coastland Times on Thursday, December 26, 2007 and on Thursday, January 2, 2008 as required by law.
No questions were received from Board members.
Town Attorney Ike McRee announced the Public Hearing open at 9:12 a.m.
There being no one present who wished to speak, Mr. McRee declared the Public Hearing closed at 9:12 a.m.
MOTION: Comr. Remaley made a motion to adopt the ordinance to list “Bed and Breakfast” as a new C-2 District permitted use as presented. The motion was seconded by Comr. Oakes which passed unanimously.
A copy of the ordinance concerning “Bed and Breakfast” as a new C-2 District permitted use, as adopted, is attached to and made a part of these minutes as shown in Addendum “D”.