TOWN OF OCEAN ISLE BEACH

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

January 10, 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:

10 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 zoning and subdivision ordinances. Mrs. Daisy Ivey, Town Administrator, stated that the amendments are part of a review of the ordinances by the Planning Board, Cape Fear Council of Government and Town staff. Mrs. Ivey stated that the Town Clerk prepared a notice and submitted the notice to the Town Attorney for review and correction. Mrs. Ivey stated that errors were found in the notice after publication. Mrs. Ivey stated that the errors are as follows:

-Item one of the notice, the deletion of the reference to C-3 Zoning District was not included; nor was the addition of C-3 Highway District.

-Item two of the notice is correct.

-Item three should have read that the amendments were deletions and not

additions.

-Item four did not include an amendment to Section 50-16.

-Items five and six are correct as stated.

Mrs. Ivey recommended that due to the errors, the issues be re-advertised and that another public hearing be held. Mayor Smith asked for comments on the public hearing issues.

Mr. Rube McMullan stated that he felt that the Town should revise their sign ordinance. Mr. McMullan stated that the sign at the Oceanside Center is an example of the need for a revision to the ordinance. Mr. McMullan stated that a sign which is forty-eight square feet for such a business center does not meet the needs of the tenants. Mr. McMullan stated that each tenant must advertise on a one by six foot area of the sign and this does not give the tenant a visibility benefit nor are most tenants willing to pay for such a small sign. Mr. McMullan suggested the Board review the sign ordinance in its

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Public Hearing

January 10, 2006

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entirety and requested that the issue be sent back to the Planning Board. Mr. McMullan further suggested that the Board seek citizen and business input on developing an ordinance that will satisfy the needs of the Town and its businesses. Commissioner Dean Walters stated that input from businesses may be beneficial.

Mr. Larry Cheek, Craven Street, stated that he too would like for the issue of signage to be referred back to the Planning Board for input from businesses. Mr. Cheek stated that there are plans for a large commercial area on the mainland and that the present ordinance regarding signage does not appear to fit with the needs of the commercial centers. Mr. Cheek stated that a workshop would be beneficial for this issue.

Mrs. Cheri Cheek, Craven Street, agreed that the issue of signage should be referred to the Planning Board for additional study.

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

January 10, 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 35 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 December 13^th Public Hearing and Board of Commissioners Meeting and the approval of a request of excused absence from Mr. Don Kauffman from the January Planning Board Meeting. Mayor Smith stated that the consent agenda also needs to be amended to include the approval of the “Yes to Beaches” resolution as requested by the American Beach and Shore Preservation Association. Commissioner Dean Walters made a motion to accept the consent agenda as amended. Commissioner C.D. Blythe seconded the motion and the vote was unanimous.

DISCUSSION & UPDATE IN REGARDS TO BEACH RENOURISHMENT PROJECT

Mayor Smith asked that the order of the meeting be amended in order to accommodate the schedule of representatives from the Army Corps of Engineers present at the meeting. Commissioner Walters made a motion that the first item under Old Business be moved before the Mayor’s report in order to accommodate the Army Corps of Engineers. Commissioner Blythe seconded the motion and the vote was unanimous. Mayor Smith introduced Colonel John Pulliam of the Wilmington District of the Army Corp of Engineers. Colonel Pulliam thanked the Board for allowing a change in the order of business and stated he and the other members will be attending a retirement luncheon for Colonel Alexander and must return to Wilmington. Colonel Pulliam stated that in 2004 the Corps’ survey determined that the Ocean Isle Beach project was not in

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January 10, 2006

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need of renourishment at that time. Colonel Pulliam reiterated that when the project was scheduled for the spring of 2005, bids came in over the Corps’ estimated budget for the project. He further stated that the project faces the same issue this year. Colonel Pulliam informed the public that the bid for the Ocean Isle project was a combined with Wrightsville Beach project in order that mobilization cost could be minimized. Colonel Pulliam stated that unfortunately the past two years have resulted in a high number of hurricanes and that only one bid was received from Great Lakes in the amount of $12.4 million. Colonel Pulliam stated that the Corps’ projected cost for the entire project was $8.2 million. Colonel Pulliam reiterated that the budget for the Ocean Isle Beach project was $2.8 million and that the bid received from Great Lakes was $3.7 million; however. Great Lakes has agreed to negotiate with the Corps and has filed a protest of the government estimate. A formal protest of the estimate will allow both the government and the contractor to determine how each arrived at their costs. Colonel Pulliam further stated that he felt that the Corp would be able to favorably negotiate with Great Lakes but that both local and state government agencies may have to increase their funding shares. Mayor Smith asked how soon the Corps must complete negotiations in order to complete the project within the environmental window. Colonel Pulliam stated that the environmental window for the project closes May 1^st with the beginning of turtle season. Corp Pulliam stated that the negotiations would be complete within two weeks or they would not be “worth their salt” at negotiating. Commissioner Richard Donovan asked what would happen if negotiations fail with Great Lakes. Mr. Ben Wood, Corps Program Chief, stated that if negotiations fail with Great Lakes, the Corps would have to advertise the project again and that work would not begin until the fall after turtle season has ended. Mr. Wood stated that the funding would still be available and possibly more contractors interested in the project. Mr. Wood stated that he understood that there are some “hot” areas but that the overall project was not in an emergency situation. Commissioner Donovan asked Ms. Mary Ellen Stevens how Congressman Mike McIntyre has proposed to deal with this issue. Ms. Stevens stated that Congressman McIntyre talks weekly with the Corps to received updated status reports on the project. Ms. Stevens stated that Congressman McIntyre is dedicated to work with the Town and the Corps to ensure that the negotiations succeed. Commissioner Blythe stated that the Town appreciates the Corps efforts and that Town staff is ready to help in any way. Mayor Smith thanked the Corps members for attending today’s meeting and for working to secure the renourishment project for the Town.

REPORTS BY MAYOR

Mayor Smith reported that she would be attending a meeting of coastal communities at Figure Eight Island next week and that one of the topics would be beach renourishment.

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DEPARTMENTAL REPORTS

Fire Department-Commissioner Blythe reported that the Fire Department responded to a total of twenty-nine calls during the month of December.
Administration-Mrs. Daisy Ivey reported that the Town was continuing efforts with the State concerning the shallow draft inlet project in the Shallotte Inlet. Mrs. Ivey stated that if Shallotte Inlet was dredged, approximately 50,000 cubic feet of sand could be deposited on the East End of the island. Mrs. Ivey stated that the Town was also working to obtain the necessary agreements for the use of the spoil area for the natural, commercial and concrete canal dredging project.
Police Department-Chief Curtis Pritchard stated that the month of December was relatively quiet for the Police Department; however officers did make several driving under the influence and larceny arrests.
Water/Sewer/Streets-Mr. Larry Sellers advised that minor patch repairs to some of the city streets would be completed in the upcoming week.
Building Inspections-Mr. Larry Cook reported that the Building Inspections Department issued the following permits during the month of December: nine single-family residential permits in the town with a construction value of $2,506,100 and two single-family residential permits in the ETA with a construction value of $367,580.
Planning/Zoning/CAMA-Mr. Justin Whiteside reported that the Coastal Resource Commission meeting will be held in Atlantic Beach and that the CRC would be discussing the Town’s request for an alternate line of vegetation and also the expense of public funds in ocean hazard areas.

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. Jeff Achferberg, 455 E. Third Street, stated that he was concerned about the cost involved in continued repairs to the road on E. Third Street. Mr. Achferberg stated that a solution should be found so that money is not continually spent to make repairs.

Mrs. Bobbie Fox, 448 E. Third Street, stated that she was very concerned about the East End erosion and feels that the situation is at a very critical point.

Mr. Chris McKenzie, 480 E. Third Street, stated that some property owners on the East End have expressed interest in placing bags on top of the Town’s sandbags, at the owner’s expense.

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OLD BUSINESS

Mayor Smith stated that the first issue under Old Business was a discussion and update on the beach renourishment project. Mayor Smith stated that the Board received the Corps’ update earlier in the meeting in order to accommodate the Corps’ schedule. Mayor Smith stated that the Town has received a letter from property owners requesting that they be allowed to use the Town’s existing permit in order to place additional sandbags along E. Second Street. Mr. Chris McKenzie stated that he has received commitments from four property owners in the area and plans to talk with others. Mr. McKenzie stated that the plan would be to place additional sandbags on top of the Town’s existing sandbags. Mr. McKenzie stated that once the sandbags are placed, the property owners would be able to back-fill their property. Mrs. Ivey stated that Mr. McKenzie is seeking permission from the Town to use its sandbag permit. Mr. McKenzie stated that Mrs. Virginia Williamson was allowed to place bags on an empty lot which she owns under the Town’s permit because the placement of the bags protected the Town’s infrastructure. Mrs. Ivey stated that if the property owners place additional bags, staff would recommend that the Town backfill along at Columbia Street. Mrs. Ivey stated that such action would require an agreement between the property owners and the Town and that the cost of the backfill was approximately $3600. Commissioner Blythe made a motion that the Board direct the Town attorney to prepare the necessary agreement granting permission to the property owners along E. Second Street to use the Town’s sandbag permit, and that the Town expend no more than $5000 to backfill the area as requested by staff. Commissioner Walters seconded the motion and the vote was unanimous.
Mayor Smith stated that the next issue was a discussion regarding the West End dredging survey. Mrs. Ivey stated that the survey deadline was December 30, 2005 and that out of the 157 surveys mailed, 109 surveys were returned. Mrs. Ivey stated that seventy-eight owners were in favor of a dredging project; twenty-four were opposed to the project and fourteen did not indicate either in favor or opposed. Commissioner Blythe stated that the he felt the next step was to obtain a cost estimates and specifications engineers. Commissioner Blythe made a motion that staff solicit engineering bids regarding this project. Commissioner Donovan seconded the motion and the vote was unanimous.
Mayor Smith stated that the next issue was an update regarding beach vitex. Mrs. Ivey stated that Mr. David Nash, agriculture extension office, completed a survey of the beach and found no evidence of beach vitex. Mrs. Ivey stated that Mr. Nash has asked the Town to adopt a resolution which prohibits this plant from being introduced, planted or maintained on the island. Mrs. Ivey stated that the restriction will be added to Chapter 22 (environmental section) of the Town’s ordinances. Commissioner Walters made a motion to approve the resolution. Commissioner Donovan seconded the motion and the vote was unanimous.

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Mayor Smith stated that the next issue was a discussion regarding the proposed agreement between the Town and McMullan Ventures for parking along Old Causeway Drive. Mrs. Ivey stated that at the December meeting, the Board directed the Town attorney to prepare an agreement and forward to Mr. McMullan. Mr. Rube McMullan stated that he is in receipt of the agreement and will be in contact with the Board at a later date.
Mayor Smith stated that the next issue is a discussion regarding the public hearing issues. Mayor Smith stated that that there was a request from the audience during the public hearing that the issues concerning the sign and parking ordinances receive further review from the Planning Board with possible input from area businesses. Mrs. Ivey stated that item #3, 4 and 5 of the public hearing should be returned to public hearing and that clarification be added to the notice. It was the consensus of the Board that items #1 and 2 be referred to the Planning Board for additional review and that items #3, 4 and 5 be re-advertised for pubic hearing on February 14^th. Commissioner Blythe made a motion that item #6 regarding an amendment to Section 66-45(33) Lots be approved as presented. Commissioner Suzie Wooten seconded the motion and the vote was unanimous.
Mayor Smith stated that the last issue under Old Business was a discussion regarding the Jackson/Hill Lease Agreement for an FBO at the Ocean Isle Airport. Mrs. Ivey stated that both Mr. Tim Jackson and Mr. David Hill were present. Mrs. Ivey stated that staff and Ms. Jess have been working with Jackson/Hill Aviation to prepare a lease agreement. Mrs. Ivey asked what exactly were the expectations concerning the demolition of the property which currently contains two brick houses. Mr. Jackson stated that the Town is expected to remove the houses and clear the land for construction. Mr. Jackson stated that he understands that the Town does not provide sewer at the site and that sewer service would be an expense of Jackson/Hill Aviation. Mr. Jackson stated that it is expected that the Town also provide a security fence around the perimeter of the fuel tank. Mr. Sellers stated that he estimates a fence to secure the fuel tanks may cost approximately $10,000. Mrs. Ivey stated that she has spoken with Mr. Patrick Milligan concerning the removal of the houses. Mrs. Ivey stated that Mr. Milligan will not charge the Town to remove the houses if he is allowed to take possession of the houses. Ms. Jess stated that she is concerned that Jackson/Hill Aviation is proposing to use their lease agreement as collateral. Ms. Jess stated that if Jackson/Hill Aviation defaults on the loan, the Town would be held liable. Mr. Jackson stated that he and Mr. Hill may not finance the project. Mr. Jackson stated that the Town could place a limit on the amount which may be financed in order to protect the Town’s interests. Commissioner Donovan made a motion that Ms. Jess continue to negotiate a lease agreement with Jackson/Hill Aviation for an FBO at the Ocean Isle Airport.

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NEW BUSINESS

Mayor Smith stated that the next issue was a request from the Ocean Isle Property Owners Association for approval of group activities to be held between May and November 2006. Mrs. Ivey stated that the first activity is the July 4^th parade which begins at the Museum and proceeds to LaGrange Street and First Street.

Mrs. Ivey stated that the OIPOA is requesting an exception that they be allowed to place a banner on the fence located along on the Causeway and on East Second Street more that twenty four hours before the event. Mrs. Ivey stated that the next event is the annual Trash Bash to be held on September 16^th. Mrs. Ivey stated that the OIPOA will serve food and would also like to place banners on the Causeway and East Second Street. Mrs. Ivey stated that the next event is the Christmas Parade on November 25^th. Mrs. Ivey stated that as with the other events, the OIPOA would like to place banners on the Causeway. Mrs. Ivey stated that the Summer Concert Series is planned for May through September with a concert held each Friday night. Mrs. Ivey stated that for the concert series the OIPOA asks that only two portable toilets be required due to the restroom facilities that are available at the Museum. Mrs. Ivey stated that since a concert will be held each Friday, the OIPOA requests permission to leave the stage set up for the entire thirteen weeks. Mrs. Ivey stated that the OIPOA requests that the fees be waived for all events due to the non-profit nature of the association. Commissioner Blythe made a motion that the OIPOA requests for group activity be approved as presented with notated exceptions. Commissioner Donovan seconded the motion and the vote was unanimous.

Mayor Smith stated that the next issue was a request for rezoning of property located between Winston-Salem & High Point Streets and notated as parcels 244NI009 and 244NI008. Mayor Smith stated that this property was formally a part of the Winds hotel and is still zoned C-1. Mayor Smith stated that in an effort to keep zoning up to date, she would like to recommend that the zoning be changed from C-1 to R-1. Ms. Jess stated that all adjoining parcels are zoned R-1. Mrs. Ivey stated that this issue requires a public hearing. Commissioner Walters made a motion that the request for rezoning to sent to public hearing on February 14^th. Commissioner Wooten seconded the motion and the vote was unanimous.
Mayor Smith stated that the last issue under New Business was recommendations from the Planning Board concerning amendments to subdivision ordinances. Mrs. Ivey stated that the recommended amendments are a part of the continuing review of the zoning and subdivision ordinances by staff and the Cape Fear Council of Government. Commissioner Walters made a motion that the recommendations be sent to public hearing on February 14^th at 8:30 a.m. Commissioner Blythe seconded the motion and the vote was unanimous.

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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 December 13^th meeting per G.S. 143-318.11(1) and to receive an update on a legal issue from the Town Attorney per G.S. 143-318.11(6). The Board returned to regular session upon a motion of Commissioner Blythe with a second by Commissioner Donovan. The vote was unanimous. Mayor Smith stated that during the executive session, the minutes of the December 13^th

meeting was approved unanimously upon a motion of Commissioner Blythe with a second by Commissioner Wooten.

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 Grantham with a second by Commissioner Walters.

DATED:_____________________ SIGNED:____________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:_____________________________

Wendy Pittman, Deputy Tow