TOWN OF OCEAN ISLE BEACH

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

September 12, 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:

31 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 purpose of the public hearing was to hear comments regarding a rezoning request and amendments to the Town’s Zoning Ordinance.

Mayor Smith stated the first issue of the public hearing was regarding a rezoning request from Atlantic Coast Development, Inc. to rezone 43.42 acres of Parcel #243NB001 and further identified as residential property located along Highway 179 between Waterway and Aquatic Drive. This property is currently zoned R-1M and this request would change this zoning to R-2M. Mayor Smith stated this time had been set aside to allow citizens to speak in regards to issues relating to this matter.

Mr. Charles T. Mercer, 6404 Pigott Avenue and 6405 Live Oak Avenue, requested this area remain as a residential area.

Mrs. Helen Odum, 1782 Waterway Drive, stated her family relocated to this area to avoid condos and golf courses. Mrs. Odum expressed that she was opposed to the zoning change for this area. Mrs. Odum thanked to Board of Commissioners for allowing her to speak and for their service to the community.

Mrs. Frances Gravit, 1776 Waterway Drive, stated most roads in this area are currently only two lanes and overcrowded. Mrs. Gravit expressed this area has been filled with growth of mobile homes, condos, golf courses and cookie cutter houses. Mrs. Gravit also stated the public schools are overcrowded. Mrs. Gravit urged the Board of Commissioners to vote against these zoning requests until a formal, presented and approved plan is available. Mrs. Gravit thanked the Board of Commissioners for their service to the community.

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Mr. Michael Soyars, 6405 Pigott Avenue, stated he recently moved to the area from Myrtle Beach to get away from these types of developments. Mr. Soyars expressed he is not opposed to single family homes however he is not in favor of changing the zoning of this area from R1 which would allow condominiums, multi-family dwellings and apartments.

Mr. Bob Pigott, 6379 Pigott Avenue, stated he was not opposed to development in the area, however, he is opposed to changing the zoning of this area.

Ms. Nell Harrelson, 6393 Live Oak Avenue, stated she has lived in this area since 1964. Ms. Harrelson expressed this area has already become unsafe to children.

Ms. Donna Cutsforth, 1659 Pierce Street and 1662 Waterway Drive, stated that she is opposed to the zoning changes.

Mrs. Anita Anderson, 1700 Waterway Drive, expressed that she is opposed to the proposed zoning changes.

Ms. Jayne Anderson, 1700 Waterway Drive, questioned what would changing this area of zoning to R2M bring to Ocean Isle Beach. Ms. Anderson stated she is not opposed to these changes however, the roads need improvement to support the additional traffic.

Mr. Thomas Wooldridge, 1738 Waterway Drive, stated that he is also opposed to these zoning changes.

Ms. Kathleen Witthohn, 1744 Waterway Drive, expressed that she is opposed to any development of condominiums or town homes.

Mr. Dan Koeller, Atlantic Coast Development, commended these residents for attending the meeting and expressing their opinions. Mr. Koeller expressed that rezoning this area from R1M to R2M will not change the density. Mr. Koeller stated that currently the R1M zoning allows duplexes and single family homes. Mr. Koeller also stated that duplexes are basically for rental purposes. Mr. Koeller stated by changing this zoning to R2M it would allow for town homes, single family homes and increases the green space. Mr. Koeller expressed that he would be available after the meeting to answer any questions or concerns by property owners.

Mr. Pigott expressed that he felt with these changes the traffic would dramatically increase.

Mrs. Ivey clarified that R1M presently allows for residential and multi-family dwellings at six units per acre where the R2M zoning allows for residential and multi-family dwellings that can include condominiums.

Mayor Smith stated the last item of the Public Hearing is the modifications to Sections 66-50 through 66-54 of the Town’s zoning ordinance as follows:

(a) Deletion of references to planned development in Section 66-50.

(b) Adding a provision that requires all new or substantially improved structures to comply with the National Flood Insurance Program

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Public Hearing

September 12, 2006

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requirements, Flood Insurance Rate Maps and any regulations imposed by the Town.

(d) Specifying that motor homes, travel trailers and campers shall not be used as sleeping quarters and providing that at no time may the vehicle

be connected by electrical cord or jump cord into the power source of any existing permanent structure, except in a state of emergency.

(e) Establishing a limitation of bedrooms based upon platted lots containing an area of 5,000 square feet are limited such that the construction of a house thereon shall contain five or fewer bedrooms.

Platted lots containing an area of more than 5,000 square feet, with a 60 foot or less frontage are limited such that the construction of a house thereon shall contain six or fewer bedrooms. Platted lots containing an area of more than 5,000 square feet, with a frontage of more than 60 feet are limited such that the construction of a house thereon shall contain eight or fewer bedrooms.

(f) Specifying that density shall be calculated by utilizing a standard that provides for every 2,000 square feet of commercial space located in a C-1 and C-2 area shall be considered as a unit;

(g) Clarifying the permitted uses in C-2, but not expanding upon the current uses

(h) Establishing the maximum building height in C-2 at 31 feet.

(i) Deletion of sections regarding certain parking requirements, minimum rear yard set back for accessory structures and rear yard water contact provisions.

(j) Establishing permitted uses in C-2M, Commercial Causeway mainland, specifying the lot requirements including width, setbacks and building height.

(k) Increasing the fence height in the commercial highway district from four feet to eight feet, creating a maximum height of 55 feet and the number of habitable floors to three;

(l) Calculating the square footage of a lot by reference to the subdivision plat, unless a deed of recombination is filed and the additional property is landward of the mean high water, the 404 line or any designated wetlands and the first line of stable natural vegetation as defined by CAMA;

(m) Establishing permitted uses in C-3A, Commercial Annexed District, specifying the lot requirements including width, setbacks and building height.

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Being 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

September 12, 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 21 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 requested the consent agenda be amended to add the approval of a grant contract for public parking on Winnabow and Chadbourn Streets. Mayor Smith stated the consent agenda included the approval of the minutes from the August 8^th and 29^th Board of Commissioners Meeting; request for excused absences from Mr. Don Kauffman, August - Planning Board Meeting, Mr. Russell Woody and Mr. Frank Williamson, August - Airport Advisory Board and Mrs. Patsy Calhoun, September - Board of Adjustment Hearing and a resolution to continue membership in the North Carolina Interlocal Risk Management Agency Worker’s Compensation Program. Commissioner Wooten made a motion the consent agenda be approved with this addition. Commissioner Donovan seconded the motion and the vote was unanimous.

ADOPTION OF AGENDA

Mayor Smith requested the agenda be amended for discussion of the addition of an emergency access on the west end of the island. Commissioner Donovan made a motion that the agenda be approved with this addition. Commissioner Blythe seconded the motion and the vote was unanimous.

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REPORTS BY MAYOR

Mayor Smith stated the Army Corps of Engineers has opened bids on the beach renourishment project and will award this bid within the next several weeks. Mayor Smith also stated the Ocean Isle Property Owners Association will sponsor their annual Trash Bash on September 30^th to begin at 10:00 a.m. in the parking area of the Museum of Coastal Carolina. Mayor Smith reminded property owners and guest of the fall activities being held at the Community Center during September, October and November. Mayor Smith stated the activities scheduled are a “Pot Luck Dinner” to begin at 6:00 p.m. on the first Tuesday of each month and “Shag Lessons” held from 7:00 p.m. until 8:30 p.m. on the third and fourth Tuesday’s.

DEPARTMENTAL REPORTS

Fire Department-Commissioner Blythe reported that during the month of August, the Fire Department responded to seventy-nine calls which included thirty-three fire calls, thirty-nine first responders and seven water rescues. Commissioner Blythe stated the Ocean Isle Beach Fire Department has recently employed their first full-time female fire fighter.
Administration-Mrs. Ivey stated a Volunteer Luncheon will be held on September 14^th for the volunteers of the Community Center and invited the Board of Commissioners to attend. Mrs. Ivey also stated that staff will be attending the Coastal Resources Commission meeting on September 21^st which will include discussion of the static vegetation line. Mrs. Ivey reported staff will be attending a meeting on September 26^th with Brunswick County for discussion of the Brunswick County Transportation Plan Update. Mrs. Ivey expressed that additional flooding and erosion issues have occurred at the east end of the island.
Police Department-Chief Curtis Pritchard reported that the month of August has ended the Beach Patrol with another successful season. Chief Pritchard stated the department has solved five breaking and entering cases that have been ongoing since January, 2006 and have now been cleared by arrest with one additional arrest pending; seven property damage cases were cleared by arrest with prosecution declined due to restitution; one residential breaking and entering case, one assault charge, two larceny charges and one fraud charge all of which were cleared by arrest.
Water/Sewer/Streets-Mr. Larry Sellers reported bids for the repainting of the water tank are scheduled to be opened on September 13^th. Mr. Sellers stated the survey for the wetland delineation is nearing completion in order to obtain the final map for the expansion design. Mr. Sellers also reported the Town has applied for grant permits for the expansion of CAMA parking areas for Winnabow and Chadbourn streets.

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Building Inspections-Mr. Larry Cook reported the Building Inspections office issued the following permits during the month of August: two new single-family residential permits in the Town with a construction value of $675,400.00 and two new single-family residential permits in the ETA with a construction value of $283,315.00.
Planning, Zoning and CAMA-Mr. Justin Whiteside stated the zoning and flood maps will be available for viewing on the Town’s website in the near future. Mr. Whiteside also stated that he and Mr. Sellers will provide a presentation at the CRC meeting regarding beach access and restroom grants.

COMMENTS

Mayor Smith stated 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. No public comment was heard.

OLD BUSINESS

Mayor Smith stated the first item of Old Business was a request for rezoning of 43.42 acres of parcel #243NB001 by Atlantic Coast Development which was discussed during the public hearing. Commissioner Walters requested comments from the Planning Board Chairman, Mr. Wayne Patterson. Mr. Patterson stated the Planning Board made this recommendation based on their views this would not increase density, traffic or any thing that would not be allowed with the current zoning of R1M. Mr. Patterson also stated with rezoning this area to R2M would allow for additional green space as opposed R1M. Commissioner Donovan expressed with this area being zoned R1M you would be allowed to build single-family homes and duplexes. Commissioner Donovan stated with rezoning this area to R2M the developer would have the ability to construct single-family homes and town homes. Commissioner Donovan also stated that typically duplexes were rented where town homes were normally occupied by the owner. Commissioner Grantham expressed rezoning this area will enhance the property values and does not change the density. Commissioner Grantham made a motion to approve the rezoning of this area from R1M to R2M. Commissioner Donovan seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was a discussion regarding the Public Hearing issues from August 29^th and September 12^th. Mayor Smith stated the first issue is an amendment to Section 66-251 of the Town’s Zoning Ordinance regarding an amendment to the sign ordinance by implementing a fee for violation of $250.00. Commissioner Blythe made a motion to amend Section 66-251 of the Town’s Zoning Ordinance with the addition of the sign

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code enforcement and fee for violation. This motion was seconded by Commissioner Wooten and the vote was unanimous. Mayor Smith stated the next issue was an amendment to Section D of the Town’s Flood Damage Ordinance. Mayor Smith stated this section would be modified to clarify “Base Flood Protection Elevation with three feet of freeboard.” Commissioner Walters made a motion to make this modification to the Town’s Flood Damage Ordinance. Commissioner Donovan seconded the motion and the vote was unanimous. Mayor Smith also stated the last item of Public Hearing issues was amendments to Section 66-50 through 66-54 of the Town’s Zoning Ordinance. Commissioner Donovan made a motion to adopt these modifications with a second by Commissioner Blythe. The vote was unanimous.

Mayor Smith stated the next item of business was regarding a resolution requesting North Carolina Department of Transportation participate with the Town of Ocean Isle Beach in funding a traffic circle on Causeway Drive. Commissioner Donovan made a motion to adopt this resolution. The motion was seconded by Commissioner Blythe and the vote was unanimous.
Mayor Smith stated the next item of business was a recommendation from the Committee regarding cabanas and other beach equipment that has been left on the beach strand. Mayor Smith stated this has been an ongoing issue the Board had chosen not to address previously. Mayor Smith expressed this issue had worsened this year needed to be addressed. Commissioner Donovan stated these recommendations were too harsh and needed to be revised. Mayor Smith stated these recommendations were not intended to be offensive to the guest however rather to assist them with their personal items and the safety of others. Commission Grantham stated we should educate the public rather than to legislate. Mayor Smith expressed the concerns of this Committee were to educate the public of this ordinance however, to also give the enforcement officers the ability to enforce these issues. Mr. Sellers recommended the area of tent location be extended to possibly 12 feet from the waste receptacles to allow Waste Industries ample space for waste collection. Commissioner Wooten stated additional area should be allowed at the Community Center to allow for activities also. Commissioner Donovan recommended this issue be tabled until the October Board of Commissioners meeting to allow the Committee to refine these recommendations. Commissioner Walters seconded the motion. The motion was denied based on a three to two vote. Commissioner Blythe, Commissioner Grantham and Commissioner Donovan opposed the motion and Commissioner Walters and Commissioner Wooten were in favor.

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New Business

Mayor Smith stated the first item under New Business was the discussion and approval of a grant through the North Carolina Governor’s Highway Safety Program. Mayor Smith stated if approved, this grant will allow for the hiring of one additional police officer and associated equipment cost. Mayor Smith expressed this grant was for a three year period with the first year cost for personnel and associated equipment totaling $89,785.00. Of this amount, Mayor Smith explained the State would fund $77,410.00 and the Town would be responsible for $12,375.00. Mayor Smith stated after the third year of participation by the State, the Town would be responsible for all costs related to this position. Chief Pritchard stated that he had originally requested two officers however, was grateful of the one officer that he has been granted. Chief Pritchard expressed this officer would be designated as a traffic safety officer. Chief Pritchard stated the State required this position to complete basic requirement on a monthly basis such as one DUI check point, one seat belt check point and enforcing all speeding regulations along with standard police officer duties. Commissioner Donovan made the motion to approve this grant application with a second by Commissioner Blythe. The vote was unanimous.
Mayor Smith stated the next item of business was a recommendation from the Recreation Advisory Board to purchase an outdoor sound system for use at the Community Center and to increase their membership from eight to ten members. Mrs. Ivey stated a boom box and karaoke machine has been used with little success in keeping these items in operation. Mrs. Ivey expressed concern with having a sound system installed that would be available when the Community Center was being rented and could create additional noise issues. Mrs. Ivey also stated the expense of a heavy duty boom box would average $350.00 to $450.00 where having a sound system installed would cost approximately $950.00. Commissioner Wooten expressed concern that speakers being installed would not hold up to the coastal environments. Commissioner Blythe questioned would the boom box be adequate for their needs. Mrs. Ivey stated it had worked temporally however needed to be more environmentally friendly. Commissioner Walters made a motion to purchase a boom box and increase the membership by two members for the Recreation Advisory Board. Commissioner Wooten seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was regarding a recommendation

from the Planning Board for approval of the sketch plan for The Landing at Ocean Isle Beach. Mrs. Ivey stated the developers have presented plans to the North Carolina Department of Transportation and are currently waiting for their approval. Commissioner Donovan made a motion to accept the sketch plan for The Landing at Ocean Isle Beach with a second by Commissioner Blythe. The vote was unanimous. Mayor Smith stated the Planning Board had recommended

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several amendments to the Planned Unit Development Section of the Town’s Zoning Ordinance. Mayor Smith also stated it would be necessary to conduct a Public Hearing on these issues. Commissioner Donovan made a motion to send this issue to Public Hearing on October 10^th at 8:30 a.m. Commissioner Blythe seconded the motion and the vote was unanimous.

Mayor Smith stated the next item of business was regarding a recommendation from the Airport Advisory Board regarding emergency removal of planes in the Apron Area. Mrs. Ivey stated this issue came about during the recent repaving of the apron area when staff was unable to locate an owner of a plane. Commissioner Walters questioned the liability to the Town. Ms. Jess expressed the liability would be significant. Mrs. Ivey reported that in talking with neighboring airports it is standard procedure to leave the brakes disengaged. Commissioner Walters stated the information of the plane owner is necessary. Commissioner Donovan made a recommendation to return this issue to the Airport Advisory Board for further discussion.
Mayor Smith stated the next item of business was discussion and awarding of the bid for Phase II Stormwater Project. Mrs. Ivey stated on August 25^th the Town had received only two bids in conjunction with Phase II of the Stormwater Project and due to General Statutes were unable to open bids with not having received three competitive bids. Mrs. Ivey reported it was necessary for the Town to re-advertise to receive bids again on September 11^th and bid tabulations and recommendations for the award were being presented to the Board of Commissioners today. Mrs. Ivey reported the lowest bid received was $437,500.00 and was higher than the anticipated project estimate of $277,725.00. Mrs. Ivey stated that Mr. Boney had contacted the State to request additional grant funding of this project in the amount of $50,000.00. Mrs. Ivey also stated if this was approved it would be necessary for the Town to make a budget adjustment in the amount of $109,765.00 or to reduce the scope of this project. Commissioner Blythe stated this is a very important project and felt the Town should proceed. Commissioner Donovan made a motion to make a budget adjustment and proceed with awarding the Phase II Stormwater Project. Commissioner Grantham seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was the discussion regarding clarification of Section 66-45(6) of the Town’s Zoning Ordinance pertaining to the 36% impervious rule. Mr. Whiteside explained that on standard 50’ x 100’ lot the 36% “footprint” number works well, however with newer developments, lots are larger and will have extra area left over after you have taken out the front, rear and side setbacks. Mr. Whiteside questioned will the “extra” area be allowed for the placement a pool with concrete decking or a concrete patio. Commissioner Blythe made a motion to send this recommendation to the Planning Board with a second by Commissioner Donovan. The vote was unanimous.

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7. Mayor Smith stated the next item of business was the discussion and award regarding the engineering request for proposal of the 2006 Expansion of Wastewater Treatment and Irrigation Facilities. Mrs. Ivey stated the Town has recently received and reviewed request for proposals from seven engineering firms regarding the sewer expansion project. Mrs. Ivey indicated that staff has

ranked each of these firms based on criteria including: size of staff, location/proximity of office to Ocean Isle Beach, years of overall experience, years of experience in coastal sewer design project, completion timeframe and staff to be assigned to the project. Mrs. Ivey stated that based on this criteria staff is recommending the selection of HDR Engineering. Inc. as the top ranked firm for this project. Mrs. Ivey stated HDR has 130 locations worldwide with their nearest office in Calabash, NC. Mrs. Ivey stated HDR had performed numerous coastal projects including projects in Sullivans Island, Georgetown and Brunswick County. Mrs. Ivey reported the estimated overall project completion will be 26 months from October 2006 to December 2008. Commissioner Donovan made a motion to begin negations with HDR Engineering. Commissioner Wooten seconded the motion and the vote was unanimous.

8. Mayor Smith stated the final item of New Business was discussion regarding the addition of a West End Emergency Access. Mrs. Ivey stated the Town had received an engineering proposal from Criser, Troutman & Tanner Consulting Engineers for the designs, plans and specifications of the construction for a hatteras ramp at the Starboard Street Access which will supply an emergency access at the west end of the island. Mrs. Ivey stated the estimated total cost of this project would range from $30,000.00 to $35,000.00 which was included in the 2007 budget. Commissioner Blythe made a motion to accept the engineering proposal and proceed with the project. Commissioner Wooten 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 consultation with Town Attorney regarding pending legal issues 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 Blythe with a second by Commissioner Walters. During regular session the Board also authorized the May to execute agreements between the Town and Mr. Rube McMullen regarding recent legal issues.

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ADJOURN

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

DATED:_____________________ SIGNED:____________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:_____________________________

Kitty Coley, Deputy Town Clerk