
TOWN OF OCEAN ISLE BEACH
THREE WEST THIRD STREET
OCEAN ISLE BEACH, NC 28469
BOARD OF COMMISSIONERS MEETING
February 14, 2006
Public Hearing
MINUTES
MEMBERS PRESENT:
Mayor Debbie Smith Mayor Pro Tem C.D. Blythe
Commissioner Richard Donovan
Commissioner D.B. Grantham
Commissioner
Dean Walters Commissioner Suzie
Wooten
Daisy Ivey,
Town Administrator
OTHERS PRESENT:
4 Property Owners & Guests
Sarah Wilson, Brunswick Beacon
Steve Jones, Sun News
CALLED TO ORDER:
Mayor Smith called the public hearing to order and stated that the purpose of the public hearing was to hear comments regarding amendments to the subdivision ordinance. Mayor Smith stated that the proposed amendments are as follows:
1. Section 50
a) The deletion of the following definitions: Building set back line, local
road, minor collector, cu1-de-sac, local residential street, residential
collector street, local street.
b) The deletion of certain provisions within the definitions of density,
dwelling unit, and private street.
c) The addition of language to the definition of lot and private street.
2. The removal of certain sections from the subdivision ordinance which are duplicated in other sections to avoid confusion and also consider replacing language with numerical references. These sections include Section 50-6. Prerequisite to plat recordation; Section 50-11. General procedure for plat approval; and Section 50-16. Amendments.
3. A modification to Section 50-19 that states that the Board of Commissioners may provide for the appointment of a person to serve as the subdivision administrator, in lieu of requiring the appointment.
4. The request for rezoning of property between Winston-Salem & High Point Streets and notated as Parcel #244NI008 owned by Mr. John Reynolds and being Lot 8 Block 41 Section A at 406 E. First Street and Parcel #244NI009 owned by Mr. David M. Hill and being Lot 9 and the east half of Lot 10, Block 41 Section A at 404 E. First Street. Theses properties are presently zoned C-1 but adjoin and are contiguous with other properties that are zoned
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R-1. The recommended rezoning would change the current zoning from C-1 to R-1. Following the public hearing these matters will be addressed by the Board in open session. The Board may adopt the proposed changes and redirect the zoning map to be modified to demonstrate the zoning change.
5. The Board will consider amendments to the Subdivision Ordinance with regard to Section 50, Article II, Procedure for Review and Approval of Subdivision Plats in order to clarify the ordinance and to remove redundant language. The amendments also include the deletion and addition of specified language. The sections which will be considered for modification are as follows:
(a) Section 50-52 that will provide for the denomination of a specific reviewing body and replacing the word “article” with “chapter”.
(b) Section 50-53 which will provide specific section referral references in lieu of “this section” and the deletion of “minor subdivision” as term is defined within the definitions section, and the addition of the definition of Technical Review Committee (TRC) to Section 50-5, the committee to be appointed by the Board of Commissioners.
(c) Section 50-54 Requirements for rights of way, replacing “dwelling envelopes; and” with “building envelopes created by required setbacks”; requirements for review of the Planning Board and submission to said board at least three days prior to the meeting at which it may be reviewed; the ability to table a review in all sections referring to a review process and removing a procedure that the total review process not exceed 135 days; replacing the requirement that the Board of Commissioners transmit the final plat to the Planning Board at least seven days prior with three days prior; removing the scale requirement for map recordation; adding the requirement that the final plat shall meet the specifications in Section 50-58; and the addition of a procedure whereby the Planning Board may table their review of the proposal.
(d) Section 50-55 replace “dwelling envelopes; and” with “Building envelopes created by required setbacks”; require that copies of the sketch plan be submitted and included in the Planning Board packets; require that the sketch plan be submitted to the Planning Board at least three days prior to the meeting at which it will be reviewed and add a procedure whereby the Planning Board may table the plan pending further review; add a procedure whereby the Board of Commissioners may table the sketch plan pending further review and remove the requirement that the total review process shall not exceed 135 days.
(e) Section 50-56 Add the requirement that the preliminary plat shall be submitted to the Planning Board at least three days prior to the meeting
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at which it is to be reviewed; delete “if requested to do so by the Board of Commissioners”; allow the plan to be tabled for review and remove the reference to the Board of Commissioners; add the requirement of action as required in Section (b) (1) of this section in lieu of making a written recommendation; and the addition of a procedure for tabling of the preliminary plat review pending further review.
(f) Section 50-57 Establish the Director of Public Utilities as the individual to recommend approval of improvement completion and release of guarantee; remove the scale requirement for map recordation; clarify the certificate of approval by requiring that the improvements have been certified by the Design Engineer and accepted by the Director of Public Works; add a procedure that the final plat may be tabled pending review by the Planning Board and that the Board of Commissioners may review, approve or disapprove pending further review of an appeal. Mayor Smith asked if there were any comment on the proposed amendments. Mr. Finley Boney, 30 Duneside Drive, stated that in reference to Section 50-57, that approval of the design and installation of streets, utilities and other required improvements may be certified either by approval of the Town and regulatory agencies in the subdivision or if guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town have been received. Mr. Boney recommended that the format of the approval section be changed by providing a box to check by which method the Director of Public Utilities is granting approval, either by compliance or by guarantees.
Being no additional public comment was heard, 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
February 14, 2006
MINUTES
MEMBERS PRESENT:
Mayor Debbie Smith Mayor Pro Tem C.D. Blythe
Commissioner Richard Donovan Commissioner D.B. Grantham
Commissioner Dean Walters Commissioner Suzie Wooten
Daisy Ivey, Town Administrator Larry Sellers, Asst. Town Admin.
Elva Jess, Town Attorney Curtiss Pritchard, Police Chief
OTHERS PRESENT:
Approximately 25 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 minutes of the January 10th Public Hearing and Board of Commissioners Meeting and the February 1st Open Forum Meeting; the approval of a contract to audit accounts by Thompson, Price, Scott, Adams & Co. P.A.; and the approval of refuse collection contract with Mr. Paul F. Metz. Commissioner Richard Donovan stated that the minutes from February 1st refer to the meeting as a Board of Commissioner, Open Forum Meeting. Commissioner Donovan stated that since a quorum was not present, that Board of Commissioners should be removed from the heading of the minutes. Commissioner Donovan made a motion that the consent agenda be approved with the noted correction to the February 1st minutes. Commissioner Suzie Wooten seconded the motion and the vote was unanimous.
ADOPTION OF AGENDA
Commissioner Dean Walters stated that he did not have adequate time to research material for a discussion regarding amendments to the fencing ordinance; therefore he would like to make a motion that the agenda be approved as presented with the deletion of the discussion of the fencing issue under New Business. Commissioner Donovan seconded the motion and the vote was unanimous.
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REPORTS BY MAYOR
Mayor Smith reported that she and Mrs. Daisy Ivey would be attending a meeting with Senator R.C. Soles in Raleigh concerning the Town’s FEMA flood maps. Mayor Smith also reported that members of the Board would attend the North Carolina Beaches, Inlets and Waterway Association Coastal Communities meeting at Sea Trail on February 16th and 17th.
DEPARTMENTAL REPORTS
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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.
Mr. Sonny Hendricks, 110 Shallotte Blvd., asked if the Board could discuss in depth possible solutions for the East End erosion. Mayor Smith stated that there would be a discussion regarding an update on the beach renourishment project and the East End erosion later in the meeting.
OLD BUSINESS
1. Mayor Smith stated that the first issue under Old Business was a discussion regarding the public hearing issues for proposed amendments to the subdivision ordinance. Mayor Smith stated that the amendments are rather lengthy and were read in their entirety during the pubic hearing prior to the Board meeting. Mayor Smith stated that a resolution has been prepared for the adoption of these amendments. Commissioner Walters made a motion that the resolution be approved as presented. Commissioner Blythe seconded the motion and the vote was unanimous.
2. Mayor Smith stated that the next issue was a recommendation from the Planning Board regarding the rezoning of Parcels #244NI009 and #244NI008 from C-1 to R-1. Mayor Smith stated that these parcels are currently owned by Mr. John Reynolds and Mr. David Hill, respectfully. Mayor Smith stated that at one time these parcels were part of commercial accommodations and that the recommendation would change the zoning to correspond with that of adjacent parcels. Mayor Smith stated that the required public hearing was held and that notification of adjacent property owners has been certified. Commissioner Donovan made a motion that the application is consistent with all of the objectives and policies for growth and development in the Town of Ocean Isle Beach Comprehensive Land Use Plan. The motion was seconded by Commissioner Blythe and the vote was unanimous. Commissioner Donovan made a motion that the application is both reasonable and in the public interest for the following reason: the rezoning will conform to surrounding zoning classification of R-1 (residential). Commissioner Blythe seconded the motion and the vote was unanimous. Commissioner Donovan made a motion that the application is approved. Commissioner Blythe seconded the motion and the vote was unanimous.
3. Mayor Smith stated that the next issue was a discussion regarding the relocation of Town Hall, Police Department and ABC Store properties. Mayor Smith stated that it would be very beneficial to the function of the Town if staff were in
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a position to better respond during emergencies such as hurricanes. Mayor Smith stated that she and staff have been working as directed at the January meeting to identify properties available on the mainland for relocation of the Town’s properties. Mayor Smith stated that the Board will be discussing price and other material terms during Executive Session. Mayor Smith stated that the properties being discussed are located on Causeway Drive and Rick Street, owned by Williams Rental of OIB, LLC, formally the Sunset Grille property, and the IGA property along Causeway Drive and Culpepper Street owned by Causeway Investment Company LLC.
4. Mayor Smith stated that the last issue under Old Business was a discussion regarding an update of the beach renourishment project, East End erosion and public accesses. Mrs. Ivey stated that the Army Corps of Engineers has formally deleted Ocean Isle Beach from negotiations with Great Lakes and that it appears that the Wrightsville Beach and Masonboro Inlet portions of the project will proceed. Mrs. Ivey stated that the Corps will conduct a survey of the beach in March to determine the necessary volume of sand and that the Ocean Isle Beach project could be a project added to the contract for dredging Carolina and Kure Beach. Mrs. Ivey stated that staff is requesting that the Corps modify the East End permit and allow the Town to either haul sand or dredge to this area, if the opportunity should arise. Mrs. Ivey stated that the Town has located a sand source which has previously been approved by the Corps of Engineers for use at Holden Beach; however, the sand source would still be subject to quality assurance for compatibility with sand at Ocean Isle Beach. Mrs. Ivey stated that Coastal Science & Engineering has agreed to provide the quality assurance testing of the sand source for $1500. Mrs. Ivey stated that staff has researched the possibility of bulldozing and has determined that the process would not be feasible. Mr. Jim Gregson, CAMA, stated that CAMA does not recommend bulldozing in that the action may worsen present conditions. Mrs. Ivey stated that the Town may request a variance from the Coastal Resource Commission (CRC) to allow repair and maintenance of existing sandbags. Mrs. Ivey stated that CRC deadlines would require all documentation be submitted prior to February 22, 2006. Mrs. Ivey stated that the Town has expended $554,744 for protection of East End infrastructure since October 12, 2004. Mrs. Ivey stated that in addition to this amount, the Department of Transportation has spent approximately $160,000 to $180,000 along East Second Street. Mrs. Ivey stated that the Town has received numerous complaints from boaters and fishermen concerning the shallow condition of the Shallotte Inlet and the dredging of Shallotte Inlet could result in the deposit of sand on the eastern end of the island. Commissioner Blythe asked if the Town could raise the height of the sandbags along East Second Street and possibly backfill the area after the winter storm season. Mr. Gregson stated that the sandbags could be raised to the elevation of adjacent properties. Commissioner Blythe made a motion that the Town proceed
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with a request to modify the permit for the East End project and to proceed as an agent in the request for a variance from the CRC regarding the height of the sandbags. Commissioner Walters seconded the motion and the vote was unanimous.
NEW BUSINESS
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appointment. Mrs. Ivey stated that it is the Town’s usual procedure to advertise board vacancies. Commissioner Dean Walters made a motion that the Town accept Mrs. Medley’s resignation and advertise for the board vacancy. Commissioner Donovan seconded the motion and the vote was unanimous.
current Town ordinance does not define “condotel” and that conversion to condos would not be possible due to current setbacks. Commissioner Walters made a motion to refer the issue to the Planning Board for further study and review. Commissioner Blythe seconded the motion and the vote was unanimous.
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approximately 50,000 cubic yards of sand on the East End of the island. Mrs. Ivey stated that the Town has received a formal commitment from Brunswick
County to share the local cost of the project. Mrs. Ivey stated that the local share would be approximately $125,000 or $67,500 each for the Town and the County. Mrs. Ivey stated that the Town would sign a memorandum of agreement with the State of North Carolina for the Town’s share of the project cost. Mrs. Ivey stated that the remaining cost of the project will be shared by the State of North Carolina and the Federal government. Commissioner Blythe made a motion that the Town approve a memorandum of agreement with the State for the Town to fund up to $67,500 for the shallow draft inlet project. Commissioner Wooten seconded the motion and the vote was unanimous.
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Elva Jess recommended one toilet for each sex for each 200 participants, with a maximum of twenty portable toilets. Mayor Smith referenced Section 38-157.
Defined. (4) and suggested that the item read “Are unlike the customary or usual day-to-day activities associated with the principal use of the property…”. Mrs. Ivey stated that the current ordinance requires that each independent vendor must obtain a privilege license from Town Hall prior to the event. Mrs. Ivey stated that the license would be classified as “itinerant” and that the charge would be $100 per vendor. Mrs. Ivey stated that staff recommends that this requirement be deleted. Mayor Smith asked if the penalty for violation under Section 39-160 could be increased from $100.00 per day. Ms. Jess stated that she was unsure of the maximum allowed and that the penalty could be “the maximum allowed by statute.” Mayor Smith stated that on page five of the application, she would suggest that (h) read “Electrical Power needs and source if any:” and that (i) read “Water needs and source if any:” Mayor Smith stated that the current wording may give the impression that the Town will supply electrical and water needs. Commissioner Donovan made a motion that the group activity ordinance and application be adopted as presented with the aforementioned changes. Commissioner Blythe seconded the motion and the vote was unanimous. Mrs. Ivey stated that since the Board had adopted the new group activity ordinance, it could now consider the two requests for holding group activities. Mrs. Ivey stated that the first application from the Chamber of Commerce requests an exemption to hang a large banner over the Causeway periodically throughout the year to promote the Oyster Festival. Commissioner Blythe made a motion to approve the application from the Brunswick County Chamber of Commerce to conduct the 2006 Oyster Festival with the requested exemption concerning the banner. Commissioner Walters seconded the motion and the vote was unanimous. Mrs. Ivey stated that the next issue was a request from the OIB Turtle Patrol to conduct the 2006 Turtle Day. Mrs. Ivey stated that the Turtle Patrol has requested to use the Community Center for this event, therefore they have asked for an exemption of the portable toilet requirement. Mrs. Ivey added that the Turtle Patrol is a non-profit organization and request that the application fee be waived. Commissioner Walters made a motion that the application for group activity by the OIB Turtle Patrol be approved with the requested exemptions. Commissioner Wooten seconded the motion and the vote was unanimous.
EXECUTIVE SESSION
The Board adjourned to Executive Session upon a motion of Commissioner Donovan with a second by Commissioner Wooten. Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the January 10th meeting per G.S. 143-318.11(1); to receive an update on a legal issue from the Town Attorney per G.S. 143-318.11(3); to discuss the qualifications and conditions of employment for Code
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Enforcement Officer/Assistant Building Inspector as per G.S. 143-318.11(6); and to discuss negotiating price and other material terms of property for relocation of Town properties as per G.S. 143-318.11(5). The Board returned to regular session upon a motion of Commissioner Wooten with a second by Commissioner Blythe. The vote was unanimous. Mayor Smith stated that during the executive session, the minutes of the January 10th meeting were approved unanimously upon a motion of Commissioner Blythe with a second by Commissioner Wooten. Mayor Smith also reported that during the executive session it was the consensus of the Board to accept the qualifications of Mr. Keith Dycus to fill the position of Code Enforcement/Assistant Building Inspector. Mrs. Ivey stated Mr. Dycus would begin working with the Town in May at a salary of $30,000 annually. Mayor Smith stated the Board also discussed material terms of property for relocation of Town Hall; however no decision was made.
ADJOURN
In order to further discuss the issue of negotiating price and other material terms of property for relocation of Town properties, the meeting was recessed to reconvene on Friday, February 17th at 3:00 p.m. upon a motion made by Commissioner Walters with a second by Commissioner Wooten.
DATED:_____________________ SIGNED:____________________________
Debbie S. Smith, Mayor
(SEAL)
ATTEST:_____________________________
Wendy Pittman, Deputy Town Clerk