TOWN OF OCEAN ISLE BEACH

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

October 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:

7 Property Owners & Guests

Sarah Wilson, Brunswick Beacon

CALLED TO ORDER:

Mayor Smith called the public hearing to order and stated the purpose of the public hearing was to hear comments regarding modifications to Sections 66-55 et. seq. of the Town’s Zoning Ordinance which is denominated “Planned Unit Developments.” Mayor Smith stated the modifications included identifying individuals who are responsible for review and approval by their current respective titles, a clarification of the method by which density is to be calculated, increasing the percentage of commercial use from five percent to twenty-five percent, referring to “open space” as “residential green space,” providing that one may include with a green space calculation those properties under which an underground stormwater system had been installed, reducing the transmittal time from the Board of Commissioners to the Planning Board from seven to three days and making other grammar and syntax changes for ease of reading.

No public comment was heard regarding this modification therefore, Mayor Smith declared the public hearing closed.

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

OCTOBER 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 17 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 the consent agenda included the approval of the minutes from the September 9^th and 12^th Board of Commissioners Meetings and a request for excused absence from Mr. Russell Woody, September-Airport Advisory Board. Commissioner Donovan made a motion the consent agenda be approved. Commissioner Wooten seconded the motion and the vote was unanimous.

ADOPTION OF AGENDA

Mayor Smith requested the agenda be amended to add the following items: discussion regarding a resolution and agreement with North Carolina Department of Transportation to assist with funding of a traffic circle, discussion regarding beach clubs, acceptance of resignation from Mr. Calvin Chandler as a Planning Board member and discussion regarding contract to move the dwelling located at airport. Commissioner Donovan made a motion that the agenda be approved as amended. Commissioner Blythe seconded the motion and the vote was unanimous.

DEPARTMENTAL REPORTS

Fire Department-Commissioner Blythe reported that during the month of September, the Fire Department responded to 47 calls which included 20 fire calls, 20 first responders and 2 water rescues.
Administration-Mrs. Ivey stated the Army Corps of Engineers had awarded the beach renourishment project to Norfork Dredging Company in the amount of

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October 10, 2006

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$8,205,724.00. Mrs. Ivey also stated this project included Ocean Isle Beach, Carolina Beach and Kure Beach. Mrs. Ivey reported the renourishment project will begin at Ocean Isle Beach on or after November 16^th. Mrs. Ivey stated staff had attended the Brunswick County Transportation update meeting. Mrs. Ivey reported a State traffic survey indicated 8400 vehicles visited Ocean Isle Beach on an average daily basis. Mrs. Ivey also reported the Local Government Commission has approved the Town’s application to finance the purchase of property for a new Town Hall facility. Mrs. Ivey stated staff had attended the September 21^st Coastal Resources Commission hearing regarding the static vegetation line. Mrs. Ivey also stated negotiations had begun with HDR Engineering regarding expansion of the Wastewater Treatment and Irrigation Facilities. Mrs. Ivey reported the enclosures and heaters had recently been installed at the Community Center.

Police Department-Chief Curtis Pritchard reported that for the month of September the department solved two breaking and entering cases, two larceny cases and two fraud cases which had been cleared by arrest. Chief Pritchard stated the department also returned one missing person to Virginia.
Water/Sewer/Streets-Mr. Larry Sellers reported Verizon Wireless will begin work to install an antenna on the east end water tank. Mr. Sellers stated the west water tank will be repainted in November.
Building Inspections-Mr. Larry Cook reported the Building Inspections office issued the following permits during the month of September: one new single-family residential permit in the Town with a construction value of $239,850.00. Fifty-one total permits were issued in the amount of $612,275.00.
Planning, Zoning and CAMA-Mr. Justin Whiteside reported that he and Mr. Sellers had been asked to provide a presentation at the August CRC meeting regarding grants. This presentation was in reference to the restroom and beach access grants for the Community Center located at 44 East First Street. Mr. Whiteside stated staff will be attending the November CRC meeting in Atlantic Beach.

COMMENTS

Mayor Smith stated this time had been set aside to allow 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. No public comment was heard.

OLD BUSINESS

Mayor Smith stated the first item of Old Business was discussion regarding public hearing issues as related to Planned Unit Developments. Commissioner Walters

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October 10, 2006

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made a motion to adopt a resolution to accept the recommended changes regarding Planned Unit Developments. Commissioner Blythe seconded the motion and the vote was unanimous.

2. Mayor Smith stated the next item of business was discussion of the West End Dredging Project Workshop that was held on September 9^th. Mayor Smith also stated a map of the proposed project had been posted on the website along with the information and cost projections of the project. Mayor Smith reported the total estimated construction, design and contingency cost for this project range from $3,992,530.00 to $5,086,460.00. Mrs. Ivey stated the estimated cost per linear foot of canal is $213.50 to $272.00 per linear foot which calculates from $10,675.00 to $13,600.00 for a fifty foot lot. Mrs. Ivey also stated the timeframe for completion of this project would be eighteen to twenty-four months. Mayor Smith stated staff was seeking direction from the Board of Commissioners on how to proceed with this project. A motion to mail an additional survey to property owners was made by Commissioner Donovan. Commissioner Blythe seconded the motion and the vote was unanimous.

Mayor Smith stated the next item of business was regarding the addition of two members to the Recreation Advisory Board. Mrs. Ivey stated during the September Board of Commissioners meeting the Board voted to add two additional members to the Recreation Advisory Board. Mrs. Ivey also reported these positions were advertised and letters of interest were received from Ms. Janie Withers and Mrs. Judy Horne. Mrs. Ivey commented the Recreation Advisory Board had expressed their support for these two individuals stating they are both very active volunteers. Commissioner Donovan made a motion to appoint Ms. Withers and Mrs. Horne to the Recreation Advisory Board. A second to the motion was made by Commissioner Blythe and the vote was unanimous.

4. Mayor Smith stated the next item of business was a recommendation from the Airport Advisory Board regarding moving of airplanes. Mrs. Ivey stated the Airport Advisory Board had re-visited the issue regarding moving planes in the event of an emergency. Commissioner Wooten made a motion to amend Section 5t of the Aircraft Operations Regulations to add “The owner of any airplane that is parked and tied down in an apron area owned or leased by the airport must register such plane with the Town of Ocean Isle Beach. Information should include name of owner, address, plane information and 24-hour phone number in order to be contacted in the event of any emergency. From time to time it is necessary that aircraft be removed from apron areas. Upon contacting the airplane owner, if the Airport Manager does not receive any response within 24 hours, the Airport Manager has the right to relocate the airplane to another destination. For this reason, brakes should not be engaged on the airplane so that it can be easily relocated”. This motion was seconded by Commissioner Donovan and the vote was unanimous.

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October 10, 2006

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5. Mayor Smith stated the last item of Old Business was the approval of a resolution and agreement with North Carolina Department of Transportation for funding to construct a roundabout at SR 1272. Mrs. Ivey stated the resolution and agreement needed to be adopted in order for this request to be forwarded to the Raleigh office of the Department of Transportation for approval. A motion was made by Commissioner Blythe to approve this resolution and agreement in order to move forward with this project. The motion was seconded by Commissioner Donovan and the vote was unanimous.

New Business

Mayor Smith stated the first item under New Business was a request from Mrs. Cynthia Tart regarding adoption of a resolution in support for the Brunswick County Expo Center. Commissioner Walters made a motion to adopt this resolution. A second of the motion was made by Commissioner Blythe and the vote was unanimous.
Mayor Smith stated the next item of business was a request from Ocean Isle Beach, LLC regarding an amendment to Section 66-45 of the Town’s Zoning Ordinance. Mr. Steve Byrd requested the ordinance be amended to allow non conforming duplexes to construct additional living space but not increase the number of bedrooms. A motion was made by Commissioner Walters to refer this issue to the Planning Board. Commissioner Grantham seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was a presentation from Ms. Gloria Hillenburg regarding the Ocean Isle Beach Turtle Watch Program. Mrs. Ivey stated Ms. Hillenburg had requested to address the Board of Commissioners in regards to using the Community Center one night a week to conduct their turtle educational program. Ms. Hillenburg stated the Ocean Isle Beach Turtle Patrol was requesting to hold a Turtle Watch Program at the Community Center on Tuesday evenings from Memorial Day through Labor Day. Commissioner Blythe expressed that Ocean Isle Beach serves the tourist well in holding the programs. Commissioner Donovan recommended the Town consider the placement of a Turtle Sanctuary sign for the Island. A motion was made by Commissioner Blythe to allow the Ocean Isle Beach Turtle Patrol to hold a weekly program each Tuesday at the Community Center. The motion was seconded by Commissioner Wooten and the vote was unanimous.
Mayor Smith stated the next item of business was a request for approval of a Group Activity request submitted by Mr. Stan Gurganus to hold the Thanksgiving Flounder and Trout Classic on November 24^th and 25^th. Commissioner Blythe made a motion to approve this request. Commissioner Donovan seconded the motion and the vote was unanimous.

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October 10, 2006

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Mayor Smith stated the next item of business was regarding approval of a resolution approving financing terms at BB&T for purchase of the John Williams property. Commissioner Donovan made a motion to adopt this resolution approving financing terms and to authorize Mayor Smith to sign any and all documents relating to the financing. Commissioner Grantham seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was discussion regarding a Memorandum of Agreement with the North Carolina Department of Transportation for Emergency Removal of Debris. Mrs. Ivey stated the Town had been notified by Brunswick County Emergency Management Services that it has become mandatory to enter into a Memorandum of Agreement with North Carolina Department of Transportation for emergency removal of debris during a declared disaster. Mrs. Ivey also stated in order for the Town to be able to remove this debris in a more effective time manner and to request reimbursement from FEMA, this form must be executed each year. A motion was made by Commissioner Donovan to adopt this agreement with North Carolina Department of Transportation for emergency removal of debris. Commissioner Grantham seconded the motion and the vote was unanimous.

7. Mayor Smith stated the next item of business was recommendations from the Planning Board regarding amendments to Article III entitled Special Entertainment Uses and Article IV entitled Off Street Parking. Commissioner Walters made a motion to hold a Public Hearing on November 14,2006 at 8:30 a.m. regarding these issues. This motion was seconded by Commissioner Donovan and the vote was unanimous.

8. Mayor Smith stated the next item of business was the approval of a resolution to conduct electronic auctions through Gov Deals for surplus equipment. Mrs. Ivey stated the Town has several pieces of equipment that needs to be disposed of and this resolution is necessary in order to conduct electronic auctions through Gov Deals. A motion was made by Commissioner Blythe with a second by Commissioner Donovan to proceed with the disposal of this equipment through Gov Deals. The vote was unanimous.

9. Mayor Smith stated the next item of business was the discussion of Beach Clubs. Mrs. Ivey stated that an application had been filed for a Special Use Permit to construct a beach club and presently the R-1 District Special Uses does not address beach clubs. Commissioner Blythe questioned the definition of beach clubs. Commissioner Blythe made a motion to hold a public hearing on November 14, 2006 at 8:00 a.m. to hear public comment regarding the establishment of a moratorium regarding special use permit applications relating to beach clubs. The motion was seconded by Commissioner Donovan and the vote was unanimous. It was also the consensus of the Board to refer this issue to the Planning Board to begin a review of rules and regulations regarding beach clubs.

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October 10, 2006

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10. Mayor Smith stated the next item of business was the acceptance of resignation of Mr. Calvin Chandler from the Planning Board. Mrs. Ivey stated Mr. Chandler had submitted his resignation as a member of the Ocean Isle Beach Planning Board. Commissioner Donovan made a motion to accept the resignation of Mr. Chandler. This motion was a seconded by Commissioner Wooten and the vote was unanimous. Mrs. Ivey also stated a notification of position vacancy would be advertised in the Brunswick Beacon.

11. Mayor Smith stated the final item of New Business was the discussion and approval of an agreement with Milligan, Inc. Mrs. Ivey stated this agreement is necessary in order to allow Milligan, Inc. to remove the dwellings located at the Airport to prepare for the construction of the FBO structure. A motion was made by Commissioner Blythe to accept the agreement with Milligan, Inc. and proceed with the removal of the dwellings. Commissioner Donovan seconded the motion and the vote was unanimous.

EXECUTIVE SESSION

The Board adjourned to Executive Session upon a motion of Commissioner Blythe with a second by Commissioner Donovan. Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the August 8^th meeting 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). Mayor Smith stated during Executive Session the minutes of the August 8^th meeting was unanimously approved upon a motion of Commissioner Donovan with a second by Commissioner Blythe.

ADJOURN

With no other business to discuss, the meeting was adjourned upon a motion by Commissioner Blythe with a second by Commissioner Wooten. The vote was unanimous.

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

SPECIAL MEETING

OCTOBER 25, 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 D. Sellers, Asst. Town Administrator

OTHERS PRESENT:

3 Property Owners & Guests

Steve Jones, Sun News

CALLED TO ORDER:

Mayor Smith called the meeting to order and stated the purpose of this meeting was discussion regarding the Town’s project for east end beach renourishment. Mayor Smith stated the Town had received an engineering proposal from Coastal Science and Engineering for design and construction administration for this project. Mrs. Ivey stated the Town had applied to the Corps of Engineers to piggy back on their renourishment project. Mrs. Ivey reported the Corps project had been awarded to Norfolk Dredging Company and is scheduled to begin on November 16, 2006.

Mayor Smith stated Dr. Tim Kana, Coastal Science and Engineering, would present his firms proposal to the Board. Dr. Kana reported the proposed project will involve placement of up to 135,000 cubic yards of beach-quality sand along 2,700 linear feet of shoreline from approximately Charlotte Street to Shallotte Inlet. Dr. Kana stated based on the requirement of the Town, the scope of the proposed project would consist of determining the condition of the beach with field data collection, reviewing the location and quality of sand source for nourishment, meeting with state and federal regulators regarding permitting and compliance issues, preparing plans, specifications and construction documents, provide limited weekly construction observation services and determining the final condition after construction by reprofiling the dune and beach with comparison of preconstruction conditions and provide recommendations for post-project maintenance. Dr. Kana also stated the work plan of the tasks required to develop a final design for nourishment would involve a beach condition study, geotechnical analyses, engineering and design analyses, environmental and permit coordination, final plans, specifications and construction documents, contract bid coordination, construction observations and administration and post construction condition survey. Dr. Kana indicated the condition survey will determine how much sand has been lost since the last survey which will require several days to perform. Commissioner Donovan questioned what Norfolk Dredging will do regarding the conditions report. Dr. Kana stated there

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October 25, 2006

Page 2

will be a rolling survey completed of how the sand has sifted from each area of the entire beach. Commissioner Walters expressed concerns regarding a ridge left from the dredge pipe after the completion of the 2001 renourishment. Dr. Kana stated the contractor is required to complete surveys prior to and after dredging to alleviate this issue. Mrs. Ivey stated the Town’s permit requires weekly analysis to be sent to the Corps of Engineers. Commissioner Donovan questioned what time frame Coastal Science and Engineering anticipates for this project. Dr. Kana remarked to prepare final plans, specifications and contract documents would require several weeks. A motion was made by Commissioner Blythe to accept and approve the contract from Coastal Science and Engineering and move forward with this project. Commissioner Donovan seconded the motion and the vote was unanimous. Mrs. Ivey stated Coastal Science and Engineering was well known and respected by dredging companies.

Mrs. Ivey stated adoption of a resolution would be necessary to clarify the emergency situation of the East End Dune Project and to authorize the Mayor of the Town of Ocean Isle Beach to enter into a contract with Norfolk Dredging to construct a frontal dune beginning at Shallotte Boulevard and running eastwardly for approximately 2700 linear feet of beach adjacent to the inlet. Mrs. Ivey included this resolution will also require the Mayor to report her findings in regards to these negotiations to the Board of Commissioners for a final determination by the Board regarding appropriations of funds for this project. Commissioner Donovan made a motion to adopt this resolution with a second by Commissioner Blythe. The vote was unanimous.

ADJOURN

With no other business to discuss, the meeting was adjourned upon a motion by Commissioner Donovan with a second by Commissioner Wooten.

DATED:_____________________ SIGNED:____________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:_____________________________

Kitty Coley, Deputy Town Clerk