TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

 

NOVEMBER 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:

            23 Property Owners & Guests

            Sarah Wilson, Brunswick Beacon

            Steve Jones, Sun News

           

CALLED TO ORDER:

Mayor Smith called the public hearing to order and stated the first issue was to hear comments concerning the adoption of an ordinance establishing a moratorium with regard to special use permit applications related to Country Clubs, Beach Clubs, Community Buildings and Recreational Facilities:

 

a.       That said moratorium is being sought as a result of the ambiguity that exists regarding special use permits for the above referenced structures.  The Planning Board and the Board of Commissioners want to examine the issue and ascertain how best to address the permitting process due to the number of citizens who have raised questions regarding club/community building locations and uses.

 

b. Citizen input and analysis of the manner in which other communities have handled the country club/beach issue, together with concerns regarding traffic, parking, times of operation and a number of other issues need to be addressed.

 

c.       The proposed length of the moratorium is no more than six months, said time being necessary to allow for analysis, comparison of the allowance of club uses with other municipalities, review by the planning board, staff, Board of Commissioners and public hearings.

 

 

 

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November 14, 2006

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            Mayor Smith asked for comments from the public.

 

            Mrs. Judy Horne, 132 East Second Street, expressed that she was opposed to public clubs and wanted Ocean Isle Beach to remain residential.  Mrs. Horne stated these type facilities should be located in a C1 area.

            Mrs. Barbara Zachow, 105 West First Street, asked for clarification if the public was present to comment on the moratorium or on the beach club issue.  Mrs. Zachow also questioned the ordinance regarding parking related to beach clubs.  Ms. Jess stated the hearing was to discuss the moratorium issue. 

            Mr. Jerry Patton, 29 Newport Street, stated that he was in favor of the moratorium.

            Mrs. Peggy Hughes, 44 Fairmont Street, expressed that she was in agreement of the moratorium.  Mrs. Hughes stated that we do have growing pains that needs to be considered.  Mrs. Hughes also stated that Ocean Isle Beach is a public beach, people are coming and there is no way to stop it.  Mrs. Hughes remarked that parking will continue to be an issue and the developer should be responsible for absorbing some of the expense of the additional parking area rather than the Town funding all of the parking.

            Mr. Colon Little, 203 West First Street, stated that he was very interested in the beach club issue and was in support of the moratorium.  Mr. Little also stated the main interest should be safety and the values of property.  Mr. Little expressed his appreciation to the Board of Commissioners for the safety of the beach and the family orientation that has remained at Ocean Isle Beach.

            Ms. Jess stated the General Statute requires you to consider four separate issues that includes a statement of the problems or conditions necessitating the moratorium, what courses of alternative action to the moratorium were considered by the Town and why those alternative courses were not adequate and also timeframe of moratorium.  Ms. Jess stated this issue derived from an application for a special use permit that was addressed at a Board of Adjustment hearing where it appeared that during the course of the hearing there were several issues the Board of Adjustment and the applicant had concerns with.  Ms. Jess expressed a moratorium would provide time to allow the Board of Commissioners, staff, Planning Board and other interested individuals to research, review and express input.  Ms. Jess stated the second issue is a clear statement of the development approval subject to the moratorium.  Ms. Jess expressed the third issue is a requirement that there be an expressed date of the termination of the moratorium and a statement indicating why the moratorium is necessary.  Ms. Jess stated that six months would allow proper time for review and to gather the appropriate information for public hearings.  Ms. Jess also stated the final issue was a statement and schedule of actions to be taken by the Town during the duration of the moratorium to address problems or conditions leading to the imposition. 

            Mayor Smith stated the last issue of the public hearing was regarding Special Entertainment Uses and Off Street Parking.  Mr. Whiteside stated modifications include addition of purpose, scope, clarification of parking plan, addition of maneuvering,

 

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November 14, 2006

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barriers, drainage and standards for parking facilities and making other grammar and syntax changes for ease of reading.

            Mayor Smith asked for any questions or comments from the public.  Commissioner Walters questioned the wording in Section 66-135(h) regarding the stipulation of “no” system.  Ms. Jess expressed this should read “No storm water drainage design system from a parking facility shall cross the surface of any adjoining public right-of-way to reach a storm water drainage system.” 

           

            With no additional comments to be heard Mayor Smith declared the public hearing closed.

 

            Mayor Smith recognized Mrs. Linda Little, daughter of the former Mayor Homer Johnson.

 

 

 

 

DATED: _________________________     SIGNED: ____________________________

                                                                                                Debbie S. Smith, Mayor

 

 

 

            (SEAL)

 

 

 

ATTEST: ______________________________

                    Kitty Coley, Deputy Town Clerk

 

 

           

 

 

 

 

 

 

 

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

 

BOARD OF COMMISSIONERS MEETING

NOVEMBER 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 27 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 the consent agenda included the approval of the minutes of the October 10th and 25th Board of Commissioners Meeting.  Commissioner Walters made a motion the consent agenda be approved as presented.  Commissioner Blythe seconded the motion and the vote was unanimous.

 

ADOPTION OF AGENDA

            Mayor Smith requested the agenda be amended to delete the request of additional funding for the Museum from Item #2 under New Business.  Commissioner Donovan made a motion that the agenda be approved with this deletion.  Commissioner Wooten seconded the motion and the vote was unanimous. 

 

DEPARTMENTAL REPORTS

1.                  Fire Department-Commissioner Blythe reported that for the month of October the Ocean Isle Beach Fire Department had responded to 30 fire calls, 45 first responders and 2 water rescues for a total of 77 calls.  Commissioner Blythe also reported that Ocean Isle Fire Department has hired an additional employee, which gives the department ten full-time certified fire fighters. Commissioner Blythe stated that Mr. Bob Cox has resigned from the Ocean Isle Fire Protection Board and recommended that Mr. Cox be recognized at the December meeting.

 

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November 14, 2006

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2.         Administration - Mrs. Ivey reported the Town has met for a preconstruction meeting with the Corps of Engineers regarding the upcoming beach renourishment project.  Mrs. Ivey stated the notice to proceed will be issued on or around November 15th and the project had been increased to 409,530 cubic yards of sand.  Mrs. Ivey indicated this project will cover an area from Shallotte Boulevard to Southport Street.  Mrs. Ivey stated the Town had been working with engineers concerning the Town’s piggy back plan.  Mrs. Ivey reported that she and Mr. Sellers had attended a mandatory North Carolina Aviation meeting that is a requirement to continued grant funding.  Mrs. Ivey stated the 2006  Economic Impact Study was presented at this meeting and indicated the Ocean Isle Beach Airport has a direct and indirect reduced impact to the area of $6,800,606 dollars.  It is estimated that 11,880 visitors to this area arrive at the Airport.  Mrs. Ivey stated the audit had been finalized and the presentation will be made in the near future.  Mrs. Ivey also stated the fund balance increased substantially and congratulated staff on reducing expenditures.  Mrs. Ivey reported the tax bills would be mailed this week.  Mrs. Ivey also reported the transaction had been completed to purchase the Williams property on the Causeway for the development of the new Town Hall and Police Department facility.  Ms. Jess stated that final approval from the State regarding this purchase had not been released regarding soil contamination and an amount is being held in escrow until the final approval is released.  Mrs. Ivey stated she had spoken with Mr. George Page, Brunswick County Parks and Recreation Director, in reference to the RFP’s for the design on the new park area and Staff will be meeting with the County in regards to the design proposals.  Mrs. Ivey reported the bill board vinyl had been updated that is located at Highway 17 and Ocean Isle Beach Road. 

3.         Police Department-Chief Curtiss Pritchard reported that last month the department made ten arrests resulting in twenty-three charges which included one larceny that was cleared by arrest, one hit and run driver located and arrested and one possession of fire arms by a convicted felon.  Chief Pritchard stated the Oyster festival had a record attendance on Saturday of over 26,000 however was dampened by rain on Sunday.  Chief Pritchard also stated everything was well organized.

4.         Water/Sewer/Streets-Mr. Larry Sellers stated the Phase II Stormwater Project had begun and is progressing. 

5.         Building Inspections-Mr. Larry Cook reported that the Building Inspections office issued the following permits during the month of October: one new single-family residential permit in the Town with a construction value of $340,770.00 and one new single-family residential permit in the ETA with a construction value of $107,360.00. 

 

 

 

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November 14, 2006

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6.         Planning/Zoning/CAMA-Mr. Justin Whiteside stated the CRC will be meeting this week in Atlantic Beach and is scheduled to meet on Wednesday regarding the static vegetation line.  Mayor Smith stated Mr. Whiteside will be giving a presentation to the CRAC regarding the sandbag heights and limitations.

 

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. Bob Setzer expressed his concern regarding the easement to the Museum and asked the Board of Commissioners to grant the easement.

 

OLD BUSINESS

 

  1. Mayor Smith stated the first item of Old Business was recommendations from the Planning Board.  Mrs. Ivey stated the Planning Board had recommended that the Sections of the ordinance dealing with impervious surfaces be amended to state “impervious surfaces shall not exceed fifty percent (50%) of the total deeded lot area”.  Mrs. Ivey also stated as the ordinance is currently written it allows for slightly over fifty percent (50%) of the lot but placement of this surface is limited to certain areas and states that the footprint cannot exceed thirty-six percent (36%), no more than twenty four percent (24%) is allowed in front yard setback and thirty-five percent (35%) in rear yard setback.  Mrs. Ivey indicated this issue will need to be referred to Public Hearing.  Commissioner Walters stated current properties can not exceed fifty percent (50%) and will need to prove they have not exceeded this amount.  A motion was made by Commissioner Walters to send this issue to Public Hearing on December 12th at 8:30 a.m. The motion was seconded by Commissioner Donovan and the vote was unanimous.  Mrs. Ivey stated the Planning Board was also in agreement that duplex homeowners should have the right to enlarge their structure with conditions and referred this matter to the Town Attorney for proper language necessary to amend this ordinance.  Mrs. Ivey stated this change would deal with Sections 66-44 and 66-45 of the Town’s Zoning Ordinance.  Mrs. Ivey also stated this would not increase the number of bedrooms or exceed the current limitations.  Ms. Jess stated these changes should comply with the current ordinances. Commissioner Blythe made a motion to conduct a public hearing on December 12th.  The motion was seconded by Commissioner Donovan and the vote was unanimous.
  2. Mayor Smith stated the next item of business was regarding the Public Hearing issues.  Mrs. Ivey stated this issue was in regards to the modifications of Article III – Special Entertainment Uses and Article IV – Off Street Parking.  Mrs. Ivey stated these modifications were in conjunction with the Zoning Ordinance update.  Commissioner Blythe made a motion to approve these modifications.  The motion


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November 14, 2006

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was seconded by Commissioner Wooten and the vote was unanimous.  Mayor Smith stated the next issue under Public Hearing was discussion of the adoption of a moratorium regarding Special Use Permit Applications as related to Country Clubs, Beach Clubs, Community Buildings and Recreational Facilities.  Commissioner Blythe commended Ms. Jess and Mr. Whiteside for their preparation of this resolution.  A motion was made by Commissioner Walters with a second by Commissioner Blythe to adopt the moratorium ordinance. The vote was unanimous.

  1. Mayor Smith stated the last item under Old Business was regarding discussion of the Maintenance Dredging Project.  Mayor Smith indicated that Commissioner Wooten had requested this item be placed on the agenda for discussion.  Mayor Smith stated that in April 2005 the Town entered in an agreement with Criser Troutman & Tanner Consulting Engineers to perform engineering work to dredge 18,500 linear feet of canals that encompassed the four residential canals located between Laurinburg and Concord Streets, the commercial canal located between Causeway Drive and Laurinburg Street as well as the entrance canals located north of residential canals #8 and #3 (between Raeford & Union Streets and Cumberland & Moore Streets, respectively).  Mayor Smith also stated a portion of the western end of the header canal extending from approximately the center of canal #5, located between Leland and Pender Streets to the western end was also included in this project.  Mayor Smith indicated the dredge prism consisted of a forty (40) foot wide maximum cut except at modified areas around the commercial canal where the maximum width will be twenty (20) feet wide and will be dredged down to a minus six (6) foot mean low water elevation. Mayor Smith stated that Mr. Troutman had begun working at that time on permits necessary for this project.  Mayor Smith expressed that one of the requirements for this permit was a letter of consent from underlying property owners to place spoil material in the Corps spoil site.  This consent is needed from Mr. H. V. Thompson and Ocean Isle Developing Company.  Mayor Smith stated the total cost for this project is estimated to be between $400,000.00 and $450,000.00.  Mayor Smith reported the Town is in their second year of collections for the special tax district.  Mayor Smith stated that in 2006 the Town had collected $247,999.27 from the natural concrete property owners and the amount anticipated to be collected in 2007 is $274,483.00.  Mayor Smith stated that after these amounts are collected in 2006-2007 the Town should be near the estimated amount needed for this project.  Mayor Smith reinstated the Town missed the Spring 2006 deadline for this work due to the need for the consent letter.  Mr. Troutman informed Mayor Smith that if we get the consent letter immediately the Town could once again start the process however, still may not be able to dredge prior to the April 2007 window closing.  Mayor Smith stated the permit process (which is all contingent on the consent letter) will take approximately ninety (90)

 

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November 14, 2006

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days and construction was estimated at ninety (90) days.  Mayor Smith indicated that it could possibly be the Winter of 2007 before dredging could begin.

           

NEW BUSINESS

 

1.        Mayor Smith stated the first item of New Business was a presentation from Ms. Helen Gabriel with the Brunswick County Literacy Council.  Ms. Gabriel thanked the Board of Commissioners for allowing her to speak expressing her gratitude for the contribution and support the Town of Ocean Isle Beach has given to the Brunswick County Literacy Council.

2.        Mayor Smith stated the next item of business was regarding a request from the Ocean Isle Museum Foundation for an easement for use of the paved portion of Third Street that adjoins the Museum.  Mr. Tom Deacon, Chairman of the Board of Trustees for the Ocean Isle Museum Foundation, addressed the Board of Commissioners requesting the Town to continue the usage of Third Street and to close this area to vehicular traffic.  Commissioner Walters stated this area is used for several activities of the Island.  Commissioner Walters also stated if this property is sold an easement would go with the property.  Mr. Deacon stated the Museum had used this area since 1995.  Mrs. Ivey stated supported this request but recommended a letter of agreement in lieu of an easement.  Ms. Ivey stated this would allow the Town to revoke such an easement in the case of an emergency.  Ms. Jess recommended a memorandum of agreement to be renewed annually.  Commissioner Donovan made a motion that the Town Attorney prepare a memorandum of agreement to be reviewed at the December Board meeting.  The motion was seconded by Commissioner Walters and vote was unanimous.

3.        Mayor Smith stated the next item of business was a presentation from the Ocean Isle Beach Land Conservancy regarding a joint partnership with the Town for a park area to be constructed at Shallotte Boulevard and the Intracoastal Waterway.  Mr. Howard Petrea, Ocean Isle Beach Land Conservancy Chairman, stated the organization began in 2003 and currently has a membership of 1000.  Mr. Petrea presented plans of a proposed park area to include dock access, gazebo, children’s play area and a picnic area.  A committee of Commissioner Grantham, Mrs. Ivey, Mr. Sellers and Mr. Whiteside was established to work in conjunction with the Ocean Isle Beach Land Conservancy to move forward with this project.

4.        Mayor Smith stated the next item of business was a presentation from HDR Engineering, Inc. for expansion of the Wastewater Treatment Facilities.  Mr. Eric Williams, HDR Engineering, Inc. Project Manager, presented a plan for the proposed expansion.  Commissioner Walters made a motion to table this item to the December meeting to allow a meeting with Brunswick County regarding the possibility of selling the Town’s facility to the County.  The motion was seconded by Commissioner Donovan and the vote was unanimous.

 

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November 14, 2006

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5.        Mayor Smith stated the next item of business was an appointment to the Planning Board to fill an unexpired term of Mr. Calvin Chandler.  Mrs. Ivey stated the Mr. Chandler had resigned his position as an ETA Member of the Planning Board.  Mrs. Ivey reported this position had been advertised and the Town had received a resume from Mr. Douglas Keill.  A motion was made by Commissioner Blythe to appoint Mr. Keill to fill the unexpired term ending May 2008.  Commissioner Walters seconded the motion and the vote was unanimous.

6.        Mayor Smith stated the next item of business was regarding annexation of the Airport Property.  Mrs. Ivey stated that staff is recommending the Board of Commissioners consider annexation of the Airport Property.  Mrs. Ivey indicated the annexation would include all airport property located on the east side of Ocean Isle Beach Road.  Mrs. Ivey also stated to begin this process it would be necessary to adopt a resolution and schedule a public hearing.  Commissioner Donovan made a motion to adopt the resolution and to schedule a public hearing on December 12th at 8:30 a.m. The motion was seconded by Commissioner Wooten and the vote was unanimous.

7.        Mayor Smith stated the next item of business was in regards to a resolution of support for a Bicycle and Pedestrian Planning Grant Initiative application to the North Carolina Department of Transportation. Mrs. Ivey stated that staff is requesting authorization to submit an application to North Carolina Department of Transportation for a Planning Grant Initiative for the development of a Master Bicycle and Pedestrian Plan.  Mrs. Ivey also stated this grant will allow the Town to develop a Master Plan for use of future development and grant request.  Mrs. Ivey stated this request must be submitted to the Cape Fear RPO for their resolution of support prior to November 15th.  A motion was made by Commissioner Donovan to adopt the resolution of support to proceed with the grant application.  The motion was seconded by Commissioner Wooten and the vote was unanimous.

8.        Mayor Smith stated the next item of business was regarding a resolution to obtain engineering proposals for an improvement project at the intersection of Causeway Drive (NC904) and First Street.  Mrs. Ivey stated in order to proceed with the roundabout project it is necessary to adopt a resolution to exempt the Town from the Mini Brooks Act relating to the hiring of an engineer.  Commissioner Donovan made a motion to adopt the resolution to obtain engineering proposals with a second by Commissioner Blythe.  The vote was unanimous.

9.        Mayor Smith stated the final item of New Business was regarding an amendment to Section 66-410.  Mrs. Ivey stated staff is recommending that Section 66-410 (4), Procedure for Special Use Permits, be amended to delete the requirement of review and approval by the Board of Commissioners.  Mrs. Ivey also stated that since the Board of Adjustment is a Quasi-Judicial Board, approval of the Board of Commissioners is not necessary.  Mrs. Ivey stated a public hearing would be

 

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November 14, 2006

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necessary to make this change.  Commissioner Blythe made a motion to schedule a public hearing on December 12th regarding this amendment.  Commissioner Wooten seconded the motion and the vote was unanimous.

 

EXECUTIVE SESSION

            The Board adjourned to Executive Session upon a motion of Commissioner Wooten with a second by Commissioner Donovan.  The vote was unanimous.  Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the October 10th Executive Session as per G.S. 143-318.11(1) and to consult with Town Attorney regarding pending legal issues as per G.S. 143-318.11(3).  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 during Executive session the Board unanimously approved the minutes of the October 10th meeting upon a motion of Commissioner Blythe with a second by Commissioner Donovan.

 

 

 

ADJOURN

 

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

           

 

DATED:_____________________                 SIGNED:____________________________

                                                                                                Debbie S. Smith, Mayor

                       

 

                          (SEAL)

 

 

 

ATTEST:_____________________________

               Kitty Coley, Deputy Town Clerk