Board of Commissioners

Public Hearing

December 13, 2005

Page 2

1. e. That the owners address and telephone numbers shall appear on all plats, together with identification of mortgages.
2. f. That all final plats must include a copy of the erosion control plan approved by the appropriate state agency, if applicable.
3. g. That all preliminary plats must contain topographic maps with specific contour information and must delineate 404 wetland areas as determined by the Corps.

Mayor Smith stated that these modifications result from an update of our zoning ordinances by the Cape Fear Council of Government.

No public comment was heard. With no additional business, Mayor Smith declared the public hearing closed.

DATED:_____________________ SIGNED:____________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:_____________________________

Wendy Pittman, Deputy Town Clerk

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

December 13 2005

MINUTES

MEMBERS PRESENT:

Mayor Debbie Smith Mayor Pro Tem C.D. Blythe

Commissioner Bill Benton Commissioner Dean Walters Commissioner Suzie Wooten Commissioner Richard Donovan

Daisy Ivey, Town Administrator Larry Sellers, Asst. Town Admin.

Elva Jess, Town Attorney Curtiss Pritchard, Police Chief

OTHERS PRESENT:

Approximately 16 Property Owners and Guests

Sarah Wilson, Brunswick Beacon

Steve Jones, Sun News

MEETING CALLED TO ORDER

Mayor Smith called the meeting to order with everyone repeating the Lord’s Prayer and pledging allegiance to the flag.

ADOPTION OF CONSENT AGENDA

Mayor Smith stated that the consent agenda included the approval of the November 8^{th Public Hearing and Board of Commissioners meeting; a request for an excused absence from Mr. Russell Woody for the November Airport Advisory Board Meeting; and the approval of a professional services contract for Mr. Finley Boney for engineering and land surveying services. Commissioner Richard Donovan made a motion that the consent agenda be approved as presented. Commissioner C.D. Blythe seconded the motion and the vote was unanimous.}

ADOPTION OF AGENDA

Commissioner Donovan made a motion that the agenda be approved as presented. Commissioner Bill Benton seconded the motion and the vote was unanimous.

REPORTS BY MAYOR

Mayor Smith stated that she and staff would be attending a meeting with Senator R.C. Soles regarding the FEMA Flood Maps. Mayor Smith stated that Mr. Tim Kana, Coastal Science & Engineering, would also attend the meeting. Mayor Smith stated that Coastal Science & Engineering conducted the sensitivity study which was submitted to the NC Floodplain Mapping Section regarding the Town’s appeal of the flood maps. Mayor Smith stated that the flood maps are scheduled for final adoption by the State in June, 2006. Mayor Smith stated that she recently attended a meeting with other

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December 13, 2005

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Brunswick County elected officials and that the biggest issue discussed at the meeting was traffic concerns throughout Brunswick County. Mayor Smith stated that the East End continues to suffer erosion. Mayor Smith stated that the sand bags at the end of Columbia Street may need to be refurbished.

DEPARTMENTAL REPORTS

1. 1. Fire Department-Commissioner Blythe reported that the Fire Department responded to thirty-five calls during the month of November. Commissioner Blythe stated that Mr. Cody Cassidy was named "Fireman of the Year" at the annual Ocean Isle Fire Department Christmas Party. Commissioner Blythe stated that the Fire Department thanked the Town for its continued support.
2. 2. Administration-Mrs. Daisy Ivey stated that the Army Corps of Engineers will open bids for the renourishment project on December 15^th.
3. 3. Police Department-Chief Curtiss Pritchard thanked Commissioner Bill Benton for his many years of service to the Town of Ocean Isle Beach. Commissioner Benton thanked Chief Pritchard and stated that his years as liaison to the Police Department were among his most enjoyable years of service.
4. 4. Water/Sewer/Streets-Mr. Larry Sellers stated that design work will begin soon on Phase 2 of the stormwater project. Mr. Sellers stated that the Town had asked Mr. David Nash, Brunswick County Extension Office, to survey the island for beach vitex, which is a parasitic plant. Mr. Sellers stated that Mr. Nash has surveyed approximately one-third of the beach and has found no signs of the plant, including addresses where the plant was reported to have been located.
5. 5. Building Inspections-Mr. Larry Cook reported that during the month of November, the Building Inspections Office issued the following permits: one multi-family residence with a construction value of $896,520; four single-family residences with a construction value of $1,024,900; and one single-family residential in the ETA with a construction value of $148,015.
6. 6. Planning/Zoning/CAMA-Mr. Justin Whiteside stated that he did not have a report for this month.

COMMENTS

Mayor Smith stated that this time had been set aside to allow our citizens to speak in regards to issues relating to agenda items. Mayor Smith stated that due to time constraints, each speaker should limit their comments to three minutes.

Mrs. Cheri Cheek stated that the Town should be sensitive to signage restrictions and consider changes in the sign ordinances which encourage quality growth.

Mr. Ray Gillis, Asheville Street, stated that the Board granted approval for residential development of the OIB golf course property; however the Board did not grant

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December 13, 2005

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approval for a fishing tournament on the basis of traffic. Mr. Gillis stated that if the Town were truly concerned about traffic as a large issue, it would look at the impact of the golf course development on area traffic.

Mrs. Wendy Sheffield stated that she hopes that the Board stands firm on its decision concerning the group activity request on the agenda.

OLD BUSINESS

1. 1. Mayor Smith stated that the first issue under Old Business is a discussion of the public hearing issues. Mayor Smith stated that the first two issues in the public hearing issue concerns the addition of definitions to Chapter 42-33 regarding concrete bulkhead repair and the establishment of criteria for concrete bulkhead repair. Commissioner Dean Walters asked that upon approval of this addition to the ordinance, that the criteria and definitions be mailed to the concrete canal property owners. Commissioner Walters made a motion that definitions and criteria for concrete bulkhead repair be approved as presented. Commissioner Blythe seconded the motion and the vote was unanimous. Mayor Smith stated that the next issue in the public hearing was an amendment to the zoning and subdivision ordinance regarding public vs. private streets. Mayor Smith stated that CAMA regulations prohibit the use of public funds for streets located in ocean hazard areas. Commissioner Blythe made a motion that the resolution be approved as presented. Commissioner Donovan seconded the motion and the vote was unanimous. Mayor Smith stated that the last public hearing issue was amendments to the subdivision ordinance regarding Section 50-54, 50-55, 50-57, and 50-58 dealing with procedures for review of minor subdivisions, sketch plan for major subdivisions, final plat submission and review, certificate of approval of the design and installation of streets, utilities, and other required improvements and information to be contained in or depicted on the preliminary and final plats. Commissioner Walters made a motion that the resolution be approved as presented. Commissioner Blythe seconded the motion and the vote was unanimous.
2. 2. Mayor Smith stated that during the November Open Forum, Mr. Barrett McMullan asked about the status of an encroachment agreement for curb and gutter on Old Causeway Drive. Ms. Elva Jess, Town Attorney, stated that she has prepared an agreement between the town and McMullan Partners with changes suggested by Mr. Rube McMullan regarding the addition of the word "public" in regards to parking. Ms. Jess stated that the Town must be comfortable with the agreement due to the fact that if McMullan Partners do not fulfill the terms of their agreement with the Department of Transportation, then the Department will seek compliance from the Town. Commissioner Blythe asked how many parking spaces would result from the project. Mr. Whiteside stated that the project would add approximately fourteen parking spaces. Commissioner Walters stated that if someone is willing to take on a project such as this, it could be a "win-win"

1. 3. Mayor Smith stated that the next issue was a request for approval of a group activity by Mr. Brant McMullan for the Jolly Mon King Classic. Mr. McMullan stated that he has presented an alternative plan for the Jolly Mon King Classic and is asking that he be allowed to hold the tournament on June 29, 30, and July 2^{nd. Mr. McMullan stated that he has made arrangements for Saturday weigh-in activities to be held at Betty’s Waterfront Restaurant at Holden Beach. Mr. McMullan stated that Saturday has been the Board’s focus with the traffic issue and that the arrangement with Betty’s Waterfront will move the weigh-in activities away from Ocean Isle Beach. Mr. McMullan stated that there will be no activities relating to the tournament at Ocean Isle Beach on Saturday. Mr. McMullan stated that he could place a schedule of activities on the front railing of the Fishing Center and would not date the leader board until the conclusion of the tournament. Mr. McMullan asked that he not be required to remove the tents and banners on Saturday while the activities are held at Betty’s Waterfront. Mr. McMullan also asked that the Board consider changing the ordinance to allow groups forty-eight hours for set-up for events. Commissioner Suzie Wooten stated that the recommendation from the Police Chief at the last meeting was that no group activity permits be issued on Saturday from June to August. Commissioner Wooten stated that she had one exception with the plan submitted today by Mr. McMullan. Commissioner Wooten stated that Mr. McMullan has asked that he be allowed to have promotional items in the Fishing Center parking lot on Saturday. Commissioner Wooten stated that promotional items will draw a crowd and she feels that he would have to remove those items on Saturday. Commissioner Wooten stated that she has fished the Jolly Mon tournament before and that the bulk of the traffic is on Saturday; however, Mr. McMullan’s plan is to have Saturday weigh-in at Holden Beach. Commissioner Wooten stated that she wants all of the businesses be successful and she wants traffic reduced. Commissioner Wooten stated that she also wants to be fair and balanced. Commissioner Wooten stated as long as there were no promotional items in the parking lot on Saturday, she would be in favor of approving Mr. McMullan’s request. Commissioner Donovan stated that as a board member, he must look at a number of issues when making decisions. Commissioner Donovan stated that he feels that there was a misunderstanding and that Mr. McMullan should have been directed to plan an event Monday through Friday. Commissioner Donovan stated that he felt that the Town needs a policy that requires special events from mid-June to mid-August to be held Monday through Friday. Commissioner Donovan stated that the Town knows that traffic is an issue. Commissioner Donovan stated that he feels that the Town should appoint a committee to work with area realtors}

1. 1. Mayor Smith stated that she has had the pleasure of working with Commissioner Benton on a number of Boards over the years. Mayor Smith stated that Commissioner Benton has offered great advice to the Town during his tenure. Mayor Smith stated that she was honored to present Commissioner Bill Benton with a plaque from the Town in appreciation of many years of dedicated service. Mayor Smith stated that she would also like to present Commissioner Benton with a present from the Town. Commissioner Benton stated that he has seen a lot of change during his time on the Ocean Isle Board, including the installation of water and sewer systems and the beach renourishment project. Commissioner Benton stated that he welcomes Mr. D.B. Grantham to the Board. Commissioner Benton stated that he has enjoyed working with this present Board and would especially like to thank C.D. Blythe for his friendship. Mrs. Ivey administered the oath of office to Mayor Smith, Commissioner Blythe and Commissioner D.B. Grantham. to come forward for the administration of the oath of office. Mayor

1. 2. Mayor Smith stated that the next issue was the presentation of the financial statement for the fiscal year ending June 30, 2005. Mr. Brian Scott stated that he would be representing the accounting firm of Thompson, Price, Scott, & Adams today in the absence of Mr. Greg Adams. Mr. Scott stated that the Board has a copy of the complete financial statement as prepared by Mr. Adams. Mr. Scott referred the Board to the summary page and reviewed the funds. Mr. Scott stated that the Town received an unqualified opinion which is the highest opinion that can be given during an audit. Mr. Scott stated that Mr. Adams wished to thank the staff for their cooperation during the audit. Mr. Scott stated that the Town is in very solid financial condition. Mayor Smith stated that the Town’s financial condition was a credit to Mrs. Ivey, who in addition to serving as Town Administrator, also serves as Finance Officer.
2. 3. Mayor Smith stated that the Recreation Advisory Board has recommended that they be allowed to schedule adult activities at the Community Center from the months of March through November. Mrs. Ivey stated that the activities will be similar to those held recently in the months of October and November. Commissioner Walters stated that he is in favor of maximizing the use of the building. Commissioner Walters made a motion to approve the recommendation from the Recreation Advisory Board allowing adult activities to be scheduled from March through November. Commissioner Wooten seconded the motion and the vote was unanimous.
3. 4. Mayor Smith stated that Mr. Wendell Hughes’ term on the ABC Board has expired. Mayor Smith stated that Mr. Hughes has expressed interest in being re-appointed to the Board. Mayor Smith stated that the board vacancy was advertised; however no other resumes were received. Commissioner Blythe made a motion that Mr. Hughes be re-appointed to the ABC Board. Commissioner Walters seconded the motion and the vote was unanimous.
4. 5. Mayor Smith stated that the next issue was a discussion regarding the deed of dedication for utilities with Coggelshall-Therrell Properties LLC at the West

1. 6. Mayor Smith stated that the next issue was a discussion regarding State stormwater regulations. Mr. Justin Whiteside stated that several homes in Maritime Place subdivision have exceeded their low density impervious surface permit limit and the State Division for Stormwater Control has asked that the Town withhold its certificate of occupancy until such time as the violations can be corrected. Mrs. Ivey stated that the homes comply with Town requirements. Mrs. Ivey stated that this is a State issued permit and the State agency is requesting that the Town enforce State regulations. Mr. Whiteside stated that one of the homes in question received its certificate of occupancy before the violation letter was issued. Ms. Jess stated that the State is seeking assistance from the Town in providing compliance with State regulation. Mrs. Ivey recommended that a letter be sent to the State Division informing them that a certificate of occupancy will be issued by the Town within ten days and that the State should advise the Town within that time concerning compliance with State regulations. It was the consensus of the Board that the Town notify the State of the Town’s intention to issue a final certificate of occupancy unless they are advised by their office not to do so.
2. 7. Mayor Smith stated that the next issue was a discussion regarding the dredging project for the natural, concrete and commercial canals. Mrs. Ivey stated that she has talked with Mr. Jeff Troutman, Criser, Troutman & Tanner Engineering, concerning the permit phase of the project. Mrs. Ivey stated that agreements have been mailed to underlying property owners of the proposed spoil area. Mrs. Ivey stated that Mr. Troutman has concerns regarding the processing period once the consent agreement is received by the Army Corps of Engineers to be processed. Mrs. Ivey stated that it is very unlikely that the permits will be completed in order to allow sufficient construction time prior to the beginning of turtle season. Mrs. Ivey stated that the amount originally projected and budgeted for this year’s project is also insufficient to cover bid estimates. Mrs. Ivey stated that the Town can continue the permit process this year and renew the permit when sufficient money is received next year to begin a project. It was the consensus of the Board that staff continue the permit process for the dredging project.
3. 8. Mayor Smith stated that the next issue was recommendations from the Planning Board. Mayor Smith stated that the first recommendation was the approval of the master land use plan for Ocean Isle Beach Golf Course Planned Unit

1. 9. Mayor Smith stated that the next issue was a discussion regarding recent changes to FEMA flood maps. Mrs. Ivey stated that Mr. Larry Cook, Building Inspector, has stated that flood insurance rates are discounted for every foot that the lowest floor system is elevated above the base flood elevation up to a maximum of three feet. Mrs. Ivey stated that the Town’s current ordinance currently requires that the structure must remain within two feet of the base flood elevation. Mrs. Ivey stated that Mr. Cook is recommending that the Town amend the ordinance to indicate three feet above base flood elevation be allowed in lieu of two. Commissioner Walters made a motion to send the issue to public hearing on January 10^{th. Commissioner Wooten seconded the motion and the vote was unanimous.}
2. 10. Mayor Smith stated that the Board has discussed in the past, the possibility of the relocation of the ABC Store and Town Hall off the island. Mayor Smith stated that the ABC store has outgrown its present location. Mayor Smith stated that in the event of evacuations, Town staff is taken away from all equipment and records. Mayor Smith stated that the Town’s ability to return to operation would be seriously impacted if this area experienced a disaster such as the Gulf suffered this year. Mayor Smith stated that she feels it is time for the Town to consider the relocation of its Town Hall and the ABC store to an off island location. Mrs. Ivey stated that the present Town Hall is a wonderful building; however it is not very user friendly. Commissioner Blythe stated that there would certainly be advantages in having Town Hall in a location off the island and that the idea was worth exploring. Commissioner Blythe made a motion directing staff to explore options for relocating Town Hall and the ABC Store to an off island location.

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December 13, 2005

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EXECUTIVE SESSION

The Board adjourned to Executive Session upon a motion of Commissioner Walters with a second by Commissioner Donovan. Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the November 8^{th meeting per G.S. 143-318.11(1) and to discuss a legal issue with the Town Attorney per G.S. 143-318.11(6). The Board returned to regular session upon a motion of Commissioner Walters with a second by Commissioner Blythe. The vote was unanimous. Mayor Smith stated that during the executive session, the minutes of the November 8th meeting was approved unanimously upon a motion of Commissioner Donovan with a second by Commissioner Blythe.}

Mayor Smith stated that no other action was taken by the Board during Executive Session.

ADJOURN

Being no additional business to be heard, the meeting was adjourned upon a motion made by Commissioner Blythe with a second by Commissioner Walters.

DATED:_____________________ SIGNED:____________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:_____________________________

Wendy Pittman, Deputy Town Clerk