TOWN OF OCEAN ISLE BEACH
THREE WEST THIRD STREET
OCEAN ISLE BEACH, NC 28469
BOARD OF COMMISSIONERS MEETING
March 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 15 Property Owners and Guests
Sarah Wilson, Brunswick Beacon
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 February 13th Open Forum meeting; February 14th Public Hearing and Board of Commissioners meeting; February 17th Reconvened Board of Commissioners meeting; the acceptance of the resignation of Mr. Finley Boney from the Planning Board; the approval of a resolution designating official to sign documents in conjunction with the mosquito control grant; and the approval of a mutual assistance agreement with the Town of Sunset Beach Police Department. Mrs. Ivey stated that the minutes of the February 14th minutes contain an error on page four relating to the Carolina/Kure and Wrightsville Beach/Masonboro Inlet Corps of Engineers projects. Mrs. Ivey stated that the minutes should read that the Wrightsville Beach and Masonboro Inlet projects will proceed and that the Ocean Isle Beach project could be added to the contract for dredging Carolina and Kure Beach. Commissioner Richard Donovan made a motion that the consent agenda be approved with amendment to minutes. Commissioner C.D. Blythe seconded the motion and the vote was unanimous.
ADOPTION OF AGENDA
Commissioner Blythe made a motion that the agenda be adopted as presented. Commissioner Donovan seconded the motion and the vote was unanimous.
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REPORTS BY MAYOR
Mayor Smith stated that the Town recently hosted the NC Beaches, Inlets and Waterways Association Coastal Communities meeting which was attended by approximately 100 area elected officials. Mayor Smith stated that she and Mrs. Daisy Ivey traveled to Raleigh to meet with Senator R.C. Soles and Mr. John Dorman of the NC Floodplain Mapping Office regarding the Town’s protest of the proposed flood maps. Mayor Smith stated that the maps will be adopted by the State in June; however, the mapping office did agree that the Ocean Isle Beach maps will be the first maps reviewed for inaccuracies. Mayor Smith stated that the review will not begin until after the adoption of the State’s 2006-2007 budget and that the process may take up to two years. Mayor Smith stated that she, Mrs. Ivey and Mr. Justin Whiteside will attend the Coastal Resource Commission (CRC) hearing on March 23rd concerning the request for variance in the height of sandbags on the East End of the beach. Mayor Smith stated that Mrs. Ivey contacted the Corps Tuesday afternoon for an update regarding the shallow draft inlet project. Mayor Smith stated that all but one of the resource agencies have granted approval of the extension of the environmental window which would allow dredging of the Shallotte Inlet to start in April. Mrs. Ivey stated that NC Fish and Wildlife have not approved the extension; however the Corps is confident that their concerns will be addressed, bids received and awarded by April 9th and the work completed by August 17th. Mayor Smith stated that Mrs. Ivey is to be commended for her diligent efforts regarding the shallow draft inlet, East End and beach renourishment projects.
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. Chris McKenzie, East Third Street, asked if the Town could assist in providing contacts regarding sand sources. Mr. McKenzie stated he and Mrs. Judy Hughes have been contacting East End homeowners concerning the erosion in an attempt to raise funds to help protect the area. Mr. McKenzie stated that property owners want estimates on how much sandbagging and backfill will cost.
Mrs. Judy Hughes, Shallotte Blvd., stated that there are a few property owners who have firmly stated that they will not participate in a sandbag project; therefore there is approximately a 125 foot section between the current sandbags. Mrs. Hughes stated this is the area she was referring to in her request to the Board.
OLD BUSINESS
1. Mayor Smith stated that the Planning Board tabled a request for sketch plan approval for The Peninsula at Ocean Isle Beach in order to address road standard issues. Mayor Smith stated that the Planning Board considered a request from the Board of Commissioners concerning condotel regulations. Mrs. Ivey stated that the Planning Board agreed with the concept of condotels and have provided a definition to be included in Section 66-4 of the Town’s ordinance. Mrs. Ivey stated that the definition was modeled after that of the Town of Wrightsville Beach; however the Ocean Isle Beach Planning Board did not include Wrightsville’s square footage requirement. Mrs. Ivey stated that the recommendation would require a public hearing. Town Attorney Elva Jess suggested that the Planning Board’s recommendation be clarified in its language and read as follows: “Hotel/Motel/Condotel means one or more buildings containing sleeping units with individual access to the outside in which accommodations are offered to transient guests for compensation and contain an on-site office for the purpose of renting rooms and such other operational functions normal to these facilities.” Commissioner Dean Walters made a motion that the amendment to Section 66-4 concerning condotels be referred to public hearing on April 11th at 8:30 a.m. with the recommended language proposed by the Town Attorney. Commissioner Blythe seconded the motion and the vote was unanimous.
NEW BUSINESS
1. Mayor Smith stated that the first issue under New Business was a request for conducting a group activity from Mr. Stuart Cooke. Mrs. Ivey stated that Mr.
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Cooke is requesting approval to conduct a catered GOP rally. Mrs. Ivey stated that the application has been reviewed and approved by the fire and police departments and that Building Inspections and Public Utilities Department will provide their approval upon setup of the event. Chief Pritchard stated that he has provided his approval of the application; however he requests that the applicant be reminded that no alcohol may be distributed at the event. Commissioner Suzie Wooten made a motion that the application for conducting group activity by approved. Commissioner Donovan seconded the motion and the vote was unanimous.
2. Mayor Smith stated that with the retirement of Commissioner Bill Benton, the Town needs to appoint a commissioner to make recommendations to the NC ABC Commission on ABC permit applications. Commissioner Walters made a motion to nominate Commissioner Donovan. No second was heard. Commissioner Wooten made a motion that Commissioner Blythe be nominated to make recommendations on ABC permit applications. Commissioner Grantham seconded the motion and the vote was unanimous.
3. Mayor Smith stated that the next issue was a discussion and appointment to several boards. Mayor Smith stated that the first appointment was to fill the unexpired term of Mrs. Ann Medley as a member of the Recreation Advisory Board. Mayor Smith stated that resumes were received from Ms. Dianne Middleton, Mr. Robert Griffin, Mrs. Carol Fancher, and Ms. Carol Bachl. Mayor Smith stated that Ms. Middleton volunteered at the Community Center last summer and that the Recreation Advisory Board has recommended that she be appointed. Commissioner Walters made a motion that Ms. Dianne Middleton be appointed to the Recreation Advisory Board. Commissioner Blythe seconded the motion and the vote was unanimous. Mayor Smith stated that the terms of Mr. Brandon Sauls and Mr. Frank Williamson have expired as members of the Airport Advisory Board. Mayor Smith stated that both Mr. Sauls and Mr. Williamson have provided letters of interest asking to be reappointed to this board. Mayor Smith stated that resumes were also received from Mr. Dennis Fancher, Mr. Steve Varnum and Mr. Robert Griffin. Commissioner Wooten made a motion that Mr. Sauls and Mr. Williamson be reappointed to the Airport Advisory Board. Commissioner Donovan seconded the motion and the vote was unanimous. Mayor Smith stated that Mrs. Carol Grantham’s term on the Planning Board had expired and that Mrs. Grantham has requested to be reappointed. No other letters of interest were received. Commissioner Donovan made a motion that Mrs. Grantham be reappointed to the Planning Board. Commissioner Wooten seconded the motion and the vote was unanimous. Mayor Smith stated that Mr. Ralph McClure’s term as an alternate member of the Board of Adjustment had expired and that Mr. McClure has expressed that he will not seek reappointment to the Board. Mayor Smith stated Mr. Dennis Fancher has provided a letter of interest and resume regarding this position. Commissioner
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Blythe made a motion that Mr. Fancher be appointed as an alternate member of the Board of Adjustment. Commissioner Wooten seconded the motion and the vote was unanimous.
4. Mayor Smith stated that the next issue was a recommendation from the Recreation Advisory Board for solicitation of funds to purchase weather enclosures at the Ocean Isle Beach Community Center. Mrs. Ivey stated that the Recreation Board would like permission to solicit donations of funds from property owners and businesses for the purchase of these enclosures. Mrs. Ivey stated that the enclosures will be similar to those used at the Giggling Mackerel restaurant. Mrs. Ivey stated that the Recreation Board would like to acknowledge the donations with some type of plaque placed at the Center. It was the consensus of the Board that staff obtain quotes on the cost of the enclosures, including installation and to report back to the Board at a later date.
5. Mayor Smith stated that the next issue was a recommendation from the Planning Board for an amendment to Section 50-95 Streets., which would require minimum right of way and paving widths for one way streets. Commissioner Donovan stated that he had concerns over the lack of a definition of “right-of-way”. Town Attorney Elva Jess recommended that the following language be used: “one-way streets shall have a minimum right-of-way width of thirty feet per lane” and that “the minimum pavement width for a one-way street shall be twelve feet per lane.” Commissioner Walters made a motion that the issue be sent to public hearing on April 11th at 8:30 a.m. Commissioner Grantham seconded the motion and the vote was unanimous.
6. Mayor Smith stated that the next issue was a discussion regarding a part-time activity director position at the Ocean Isle Beach Community Center. Mayor Smith stated that two resumes were received for the position and that she and Mrs. Ivey interviewed Mrs. Leslie Shoaf. Mayor Smith stated that both she and Mrs. Ivey were impressed with Mrs. Shoaf’s experience and the interest she expressed in the position during the interview. Mrs. Ivey stated that she was recommending that Mrs. Shoaf be hired to fill this position at a salary of $10 per hour and that she be allowed to work approximately twenty-five hours per week. Mrs. Ivey stated that Mrs. Shoaf’s salary and taxes will require a budget adjustment to the Accommodation Fund. Mrs. Ivey asked that Mrs. Shoaf begin work the first week of April in order to meet with the Recreation Board and volunteers and begin planning the summer activities. Commissioner Donovan made a motion that Mrs. Leslie Shoaf be hired as the Recreation Director for up to thirty hours per week, at the discretion of the Town Administrator and that the budget be amended to accommodate her salary and taxes. Commissioner Walters seconded the motion and the vote was unanimous.
7. Mayor Smith stated that the next issue was a discussion regarding a change to the Sewer Department capital outlay budget. Mrs. Ivey stated that Mr. Larry Sellers
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was approved to expend funds from the capital outlay budget for the purchase of a metal building; however the Sewer Department is now in need of a new maintenance vehicle. Mrs. Ivey stated that this change in expenditures will not require a budget amendment only a change in item. Mrs. Ivey stated that the building will be included in next year’s budget. Commissioner Blythe made a motion to approve the change in the Sewer capital outlay budget. Commissioner Donovan seconded the motion and the vote was unanimous.
8. Mayor Smith stated that the last issue was a discussion regarding proposed legislation. Mrs. Ivey stated that there are several issues that the Board needs to request be addressed by the Legislature during the upcoming session. Mrs. Ivey stated that following the passage of the special tax district for canal dredging it was discovered by staff that there are variances in lot sizes on some of the canals and several conflicts arose regarding the assessment of the tax by parcel number. Mrs. Ivey stated that staff is requesting that the legislation be amended to allow for assessment of the tax based upon footage of the lot. Ms. Jess stated that local bills may be presented during the upcoming session if they are budget-related issues and/or non-controversial issues. Ms. Jess stated that she felt the issue of the special tax district meets the qualification of a budget-related issue. Commissioner Donovan made a motion that the Town attorney prepare a resolution requesting that Representative Bonner Stiller introduce a local bill allowing the Town to assess the special tax district for canal dredging on a footage basis. Commissioner Wooten seconded the motion and the vote was unanimous. Mayor Smith stated that she spoke with Mayor Harry Simmons concerning the porous groin issue and the reintroduction of the bill for a pilot project. Mayor Smith stated that Mr. Simmons advised that the opportunities for support of the bill may be better at a later date and recommended that the Town not seek reintroduction of the bill at this time. It was the consensus of the Board to table the issue of the porous groin project at this time. Mrs. Ivey stated that the Town of Leland was recently exempted from a local act prohibition on Brunswick County ABC stores being located within seven miles of another Town with an ABC store. Mrs. Ivey stated that the proposed relocation of Town Hall properties may create a conflict with this prohibition. Commissioner Walters made a motion that the Town attorney prepare a resolution requesting that the Town of Ocean Isle Beach be exempt from local prohibition regarding distance between towns with ABC stores. Commissioner Blythe seconded the motion and the vote was unanimous. Mrs. Ivey stated that the last issue was an amendment to an existing law to add the Town of Ocean Isle Beach to the list of municipalities in which law enforcement officers and public utility workers which may operate unregistered all-terrain vehicles on highways with speed limits of 35 mph or less. Mrs. Ivey stated that both the police department and utility/street departments utilize all-terrain vehicles. Commissioner Walters made a motion that the Town attorney prepare a resolution requesting that the
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Town be added to the list of municipalities in which police officers and public utility workers may operate all-terrain vehicles on highways with speeds of 35 mph or less. Commissioner Blythe seconded the motion and the vote was unanimous.
EXECUTIVE SESSION
Mayor Smith stated that the agenda should be amended to discuss acquisition of real estate as per G.S. 143-318.11(5). Commissioner Donovan made a motion that the agenda of executive session be amended to discuss acquisition of real estate. The motion was seconded by Commissioner Wooten and the vote was unanimous. 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 February 14th & 17th meetings 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); and to discuss a FBO Lease Agreement as per G.S. 143-318.11(5). The Board returned to regular session upon a motion of Commissioner Blythe with a second by Commissioner Wooten. The vote was unanimous. Mayor Smith stated that during the Executive Session, the minutes of the February 14th & 17th meetings were approved unanimously upon a motion of Commissioner Donovan with a second by Commissioner Grantham. Mayor Smith stated during Executive Session the Board explored potential options of property purchases for the relocation of Town Hall facilities. These properties included the Williamson, Cooke and Williams properties. Also discussed during executive session was the conditions and terms of the FBO lease agreement. The Town Attorney was directed to re-draft the lease to include recommendations from the lessee regarding fuel cost, lease cost and term. Mayor Smith stated during Executive Session the Board also requested legal advice from the Town Attorney in regards to a letter received from Attorneys Ward & Smith questioning the Building Inspector’s interpretation of the Town Ordinance pertaining to the placement of tennis courts and pools in side yards. The Town Attorney raised questions with regards to the legislative history of this provision in the supplemental regulations. Commissioner Donovan made a motion to refer Section 66-281 (p) of the supplemental regulations to the Planning Board for clarification that would permit tennis courts, swimming pools and hot tubs to be installed in rear and side yards provided that a five-foot setback from the side and rear yard property line is maintained. This motion was seconded by Commissioner Wooten. Commissioner Walters requested to be recused from voting on this issue due to a pending pool permit with the Town of Ocean Isle Beach. Commissioner Blythe made a motion that Commissioner Walters be recused from voting. Commissioner Wooten seconded the motion and the vote was unanimous. The original motion moved to vote and the vote was unanimous. Commissioner Donovan also moved that this issue be sent to public hearing on April 11th. Commissioner Blythe seconded the motion and the vote was unanimous.
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ADJOURN
With no other business to discuss, the meeting was adjourned upon a motion by Walters with a second by Commissioner Blythe.
DATED:_____________________ SIGNED:____________________________
Debbie S. Smith, Mayor
(SEAL)
ATTEST:_____________________________
Wendy Pittman, Deputy Town Clerk