TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

 

April 11, 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:

            4 Property Owners & Guests

            Sarah Wilson, Brunswick Beacon

            Steve Jones, Sun News

           

CALLED TO ORDER:

            Mayor Smith called the public hearing to order and stated that the purpose of the public hearing was to hear comments regarding several issues.  Mayor Smith stated that the first issue was an amendment to the zoning ordinance Section 66-4 to add the following definition: “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 contains an on-site office for the purpose of renting rooms and such other operational functions normal to these facilities.” Mayor Smith asked for public comment.  No comment was heard. 

            Mayor Smith stated that the second public hearing issue was the addition of a provision to Section 50-95. Streets, that establishes a design standard for one-way streets which will read as follows: “Section 50-95 (e) (1) Right-of-way widths.  b.   “One way streets shall have a minimum right-of-way width of thirty (30) feet per lane.” No public comment was heard.

            Mayor Smith stated that the next issue was the addition of a provision to Section 50-95 Streets, that establishes the minimum pavement width for one-way streets which will read as follows: “         Section 50-95 (e) (2) Street widths.  a. “The minimum pavement width for a one-way street shall be twelve (12) feet per lane.” No public comment was heard.

            Mayor Smith stated that the last issue was the clarification of Zoning Section 66-281 Supplementary Regulations to read as follows: “(p) “Tennis courts, swimming pools and hot tubs are permitted to be installed in rear and side yards provided that a five-foot setback from the side and rear yard property line is maintained.”  Mayor Smith asked for public comment concerning this issue. 

            Mr. Dean Hingson stated that he was an attorney representing Ed and Anne Schenk.  Mr. Hingson stated that the house next to the Schenk’s has been purchased by a

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partnership who intend to offer the house as rental property.  Mr. Hingson stated that the side yard is staked for a swimming pool and that his interpretation of the current ordinance would allow swimming pools in the rear yard.   Mr. Hingson stated that a side yard pool would be mere feet from the Schenk’s bedroom and that the issue today is one of peaceful enjoyment and privacy.  Mr. Hingson stated that pools in side yards would affect the egress of emergency personnel and he urged the Board to exclude the installation of pools in side yards. 

            Mr. Mark Reynolds stated that he was an owner of 5 Anson Street and asked that the Board move forward with this clarification to the ordinance.  Mr. Reynolds stated that installation of a  pool will enhance the experience of the renters of the property.  Mr. Reynolds stated that surveys indicate that pools are an amenity which renters enjoy. 

            Mrs. Anne Schenk, 7 Anson Street, urged the Board to consider her request that pools not be allowed in side yards.  Mrs. Schenk stated that Commissioner Walters appeared at the Planning Board meeting on this issue and indicated the he understood Mrs. Schenk’s concerns.  Mrs. Schenk stated that privacy is an issue that the Board will continue to deal with as the island continues to grow.  No other comment was heard on this issue.

            Mrs. Daisy Ivey stated that staff would recommend that “per lane” be stricken from the recommended amendments to Section 50-95 Streets, items 2 and 3 of the public hearing.  Mrs. Ivey stated that since the items deal with one way streets there is only one lane. 

            Being no additional public comment was heard, Mayor Smith declared the public

hearing closed.

 

 

 

DATED:_____________________                 SIGNED:____________________________

                                                                                                Debbie S. Smith, Mayor

 

 

                          (SEAL)

 

 

 

ATTEST:_____________________________

               Wendy Pittman, Deputy Town Clerk

 

           

 

 

 

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

 

BOARD OF COMMISSIONERS MEETING

April 11, 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 25 Property Owners and Guests

            Sarah Wilson, Brunswick Beacon

            Steve Jones, Sun News

                                                           

MEETING CALLED TO ORDER

            Mayor Smith called the meeting to order with everyone repeating the Lord’s Prayer and pledging allegiance to the flag. 

 

ADOPTION OF CONSENT AGENDA

            Mayor Smith stated that the consent agenda included the approval of the minutes of the March 14th Board of Commissioners Meeting; approval of a resolution to conduct a public auction through GovDeals for surplus property; approval of the placement of a banner for a GOP rally group activity application; approval to release interest on Tax Bill 05-01284; and approval of a resolution in support of CAMA Public Beach and Coastal Waterfront Access Grant application.  Mrs. Ivey stated that there is a correction to be made to the minutes of the March 14th meeting.  Mrs. Ivey stated that the minutes should indicate that the agenda was amended under Executive Session in order to discuss the purchase of property.  Commissioner Richard Donovan made a motion that the consent agenda be approved with the correction to the minutes as noted.  Commissioner Suzie Wooten seconded the motion and the vote was unanimous. 

 

ADOPTION OF AGENDA

            Mayor Smith stated that the Airport Advisory Board made a recommendation to the Board of Commissioners which was not included on the agenda.  Commissioner Dean Walters made a motion that the agenda be approved as presented with the addition of a recommendation from the Airport Advisory Board under New Business.  Commissioner Wooten seconded the motion and the vote was unanimous. 

 

 

 

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REPORTS BY MAYOR

            Mayor Smith reported that the Board held a budget retreat on April 4th to plan for the upcoming fiscal year.  Mayor Smith stated that Department Heads attended the meeting and that the day was very productive.  Mayor Smith reported that the Recreation Advisory Board held a volunteer meeting at the Community Center on April 6th to plan for the upcoming summer activities and to introduce Mrs. Leslie Shoaf, as the new Recreation Director for the Center.   Mayor Smith stated that the volunteers are excited and committed to another great summer of fun for children at the Community Center.  Mayor Smith stated that Congressman Mike McIntyre will be at a Coastal Communities Meeting at Oak Island and at the Calabash Fire Department today.  Mayor Smith stated that she was honored this morning to recognize Town Street Department employee Mr. Jerry Steinberg.  Mayor Smith stated that a property owner informed the Town that Mr. Steinberg rendered assistance to a gentleman at the pier who appeared to be experiencing chest pains.  Mayor Smith stated that Mr. Steinberg contacted 911 and stayed with the gentleman until medical assistance arrived.  Mayor Smith thanked Mr. Steinberg on behalf of the Town for his assistance to someone in need.

 

DEPARTMENTAL REPORTS

  1. Fire Department-Commissioner Blythe reported that during the month of March, the Fire Department responded to thirty-three calls which included eleven fire calls, twenty first responders and two water rescues. 
  2. Administration-Mrs. Ivey stated that the Town’s request for a variance in the height of sandbags was denied by the Coastal Resources Commission.  Mrs. Ivey recommended that the Town file an emergency appeal to the decision which she and the Mayor both feel was unfair.  Mrs. Ivey reported that two bids were received for the shallow draft inlet dredging project and that work should begin within a few weeks at Lockwood Folly Inlet and then proceed to Shallotte Inlet.  Mrs. Ivey stated that engineering proposals regarding the West End dredging project are due by April 27th and will be presented at the May Board  meeting.  Mrs. Ivey reported that surveys have been completed by the Corps of Engineers for the beach renourishment project.  Mrs. Ivey stated that Mrs. Wendy Pittman had resigned effective June 2nd and that staff will be reorganized within the Administration Department.  Mrs. Ivey thanked Mrs. Anne Schenk and the Property Owners Association for their work along Causeway Drive and for the new palm tree and planter area in front of the pier.
  3. Police Department-Chief Curtis Pritchard reported that Spring Break was relatively quiet; however one arrest was made concerning a breaking and entering of a condo.  Chief Pritchard reported that the subject was found asleep inside the condo.  Chief Pritchard stated that long time property owner Mr. George Powell mailed a letter of thanks and a donation in the amount of $4400 to the police department.  Chief Pritchard stated that Mr. Powell stated in his letter that the police department is always professional and helpful and added that Mr. Powell

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      has committed to continue the annual donation and to increase the          amount yearly.

  1. Water/Sewer/Streets-Mr. Larry Sellers stated that maintenance work was completed on the interior of the West End water tank and that garbage receptacles   were being replaced on the beach to prepare for the tourist season.  Mr. Sellers stated that the beach grass planting contract was awarded to Mr. Jason Simmons. 
  2. Building Inspections-Mr. Larry Cook reported that the Building Inspections office issued the following permits during the month of March:  four new single-family residential permits in the Town with a construction value of $1,018,295; one new commercial permit in the Town with a construction value of $131,550; and one new single-family residential permit in the ETA with a construction value of $156,020. 
  3. Planning/Zoning/CAMA-Mr. Justin Whiteside stated that he did not have a report for this month.

 

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.  No public comment was heard.

 

OLD BUSINESS

1.       Mayor Smith stated that the first issue under New Business was approval of a request for a stormwater system from Coggelshall Therrell Properties LLC.  Mayor Smith stated that Mrs. Elizabeth Nelson, East Coast Engineering, would present the request.  Mrs. Nelson stated that the property owners were requesting an exemption to the stormwater ordinance requirement that stormwater control devices are not included in open space areas.  Mrs. Nelson stated that the property owners would like to install an underground stormwater system.  Mrs. Ivey stated that this request for an exemption comes from a misinterpretation by staff on the CAMA permit requirement; therefore creating a hardship for the owner in meeting State requirements.  Mrs. Ivey stated that the space will remain open and the system will be completely underground thereby keeping with the intent of the ordinance.  Commissioner Blythe made a motion that the request for approval of the stormwater system to be erected in the open space area be approved.  Commissioner Donovan seconded the motion and the vote was unanimous. 

2.       Mayor Smith stated that the next issue was a proposal from Mr. Ken Flowers, Verizon Wireless, to install an antennae on the Town’s West End water tank.  Mrs. Ivey stated that she and Mr. Sellers had met with Mr. Flowers and were impressed with his willingness to work with the Town to resolve issues of concern from the previous presentation made by Verizon. Mr. Flowers stated that Verizon is proposing to place the antennae in the existing corral and to place an

 

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      enclosure on the corral which will improve the appearance of the equipment.      Mrs. Ivey stated that Verizon has contacted Alltel and has offered to replace the         existing black cable with a white cable to further improve on the appearance of         the tower.  Mrs. Ivey reported that Verizon has offered a monthly rental fee of   $2500 to the Town.  Commissioner Walters stated that he was encouraged by     the offer to “beautify” the existing area of equipment on the water tank.  Commissioner Donovan made a motion that the Board accept the concept of the           Verizon proposal and ask that Mr. Flowers submit a lease contract to the Town to   be reviewed by the Town Attorney.  Commissioner Wooten seconded the motion           and the vote was unanimous. 

3.       Mayor Smith stated that the next issue was a request for approval of a group activity by Mr. Brant McMullan for the Jolly Mon and Fall Brawl Fishing Tournaments.  Mayor Smith stated that Mr. McMullan has proposed that the Fall Brawl Tournament be held October 20-22, 2006 which is the weekend after the Oyster Festival.  Commissioner Donovan made a motion to approve the Fall Brawl Fishing Tournament for October 20-22, 2006.  Commissioner D.B. Grantham seconded the motion and the vote was unanimous.  Commissioner Donovan stated that he was in favor of allowing the Jolly Mon Tournament on a weekend during the month of June; however he was not in favor of “blanket” approval for a tournament the same time next year.  Commissioner Wooten stated  that the tournament is a family event which is very important to Ocean Isle Beach and added that the public has been very disappointed by the previous disapproval of the Jolly Mon Tournament.  Commissioner Donovan made a motion that the Jolly Mon Tournament be approved for June 22-25, 2006.  The motion was seconded by Commissioner Wooten.  Commissioners Donovan, Wooten and Grantham voted in favor of the motion.  Commissioners Blythe and Walters were opposed to the motion. 

4.       Mayor Smith stated that the next issue was recommendations from the Planning Board.  Mayor Smith stated that the first recommendation regarded the request for approval of the sketch plan for The Peninsula.  Mayor Smith stated that the Planning Board recommended that the Board first approve the public hearing issues regarding one way streets before considering this sketch plan.  Mayor Smith stated that the second recommendation from the Planning Board concerned an amendment to Section 66-281 “Supplemental Regulations” which would clarify the placement of tennis courts, swimming pools and hot tubs.  Mayor Smith stated that the Planning Board agreed that this issue should be sent to public hearing.  Mayor Smith stated that the Planning Board also made a recommendation regarding bedroom limitations.  Mayor Smith stated that the Planning Board recommended an amendment to Section 66-45(11) which concerns regulations for six and eight bedrooms both including sixty feet of front footage.  Mayor Smith stated that the Planning Board recommends in order to

 

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      clarify this section that it be corrected to read “more than 60 feet for eight          bedrooms”.  Commissioner Donovan made a motion that the issue be referred to           public   hearing on May 9th at 8:30 a.m.  Commissioner Grantham seconded the      motion and the vote was unanimous.  Mayor Smith stated that the last    Planning Board recommendation concerned several amendments to the        subdivision ordinance which are part of an ongoing revision of the subdivision    and zoning ordinances. Commissioner Wooten made a motion that the   amendments to the subdivision ordinance be referred to public hearing on          May     9th at 8:30 a.m.  Commissioner Blythe seconded the motion and the vote was     unanimous. 

5.       Mayor Smith stated that the next item was in reference the public hearing issues.  Mrs. Ivey stated that a resolution had been prepared for the amendment to Section 66-4 adding the definition of a “condotel.”  Commissioner Walters made a motion that the resolution be approved as presented.  Commissioner Donovan seconded the motion and the vote was unanimous.  Mayor Smith stated that the next two items on the public hearing dealt with amended criteria for one-way streets.  Mayor Smith stated that a resolution has been prepared and that staff recommended striking the wording “per lane” from both items as a one-way street typically is only one lane.  Commissioner Walters made a motion that the resolution be approved with the deletion of “per lane” for both items.  Commissioner Donovan seconded the motion and the vote was unanimous.  Mayor Smith stated that the last issue concerning public hearing items was an amendment to Section 66-281 concerning tennis courts, swimming pools and hot tubs in side yards as well as in the rear yard.  Mayor Smith stated that staff feels that this amendment is a clarification of the current ordinance and that pools have been previously been allowed in side yards.  Commissioner Walters asked to be recused from this issue due to a potential conflict with his swimming pool company.  Commissioner Donovan made a motion that Commissioner Walters be recused from voting on this issue.  Commissioner Grantham seconded the motion and the vote was unanimous.  Mayor Smith stated that during the public hearing, comments were heard from Mrs. Anne Schenk, 7 Anson Street and her attorney Mr. Dean Hingson, and the adjacent property owner Mr. Mark Reynolds.   Mayor Smith stated that pools in side yards must still meet all setback requirements.  Commissioner Blythe stated that the issue was referred to the Planning Board which recommended approval of the amendment.  Commissioner Blythe made a motion that the application is consistent with all of the objectives and polices for growth and development contained in the Town of Ocean Isle Beach Land Use Plan.  Commissioner Wooten seconded the motion and the vote was unanimous.  Commissioner Blythe made a motion that the application is both reasonable and in the public interest for clarification of present zoning ordinance intent.  Commissioner Wooten seconded the motion and the vote was unanimous. 

 

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      Commissioner Blythe made a motion that the application is approved.    Commissioner Wooten seconded the motion and the vote was unanimous.

6.       Mayor Smith stated that the next issue was a request for sketch plan approval from The Peninsula at OIB, LLC.  Mayor Smith stated that the Planning Board has reviewed the sketch plan and recommends approval as does Town staff.  Commissioner Donovan made a motion to approve the sketch plan.  Commissioner Grantham seconded the motion and the vote was unanimous. 

7.       Mayor Smith stated that the next issue was a discussion regarding a resolution concerning the FEMA Flood Maps.  Mayor Smith stated that she and Mrs. Ivey attended a meeting with Senator R.C. Sole’s and Mr. John Dorman of the NC Floodplain Mapping Section.  Mayor Smith stated that Mr. Dorman agreed to move Ocean Isle Beach to first priority when his office begins a review of the flood maps upon approval of the new State budget.  Mayor Smith stated that Mr. Dorman also recommended that the Board consider seeking Federal legislation that beach renourishment be considered in flood map zones and that Mr. Dorman would assist the Town in this effort.  Mayor Smith stated that Senator Soles asked that the Town prepare a formal letter and resolution requesting that he  make an official request to the Floodplain Mapping Section concerning the flood map review.  Commissioner Walters made a motion that the resolution be approved.  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 presentation regarding a trolley system by Mr. Jim Pierce.  Mayor Smith stated that Mr. Pierce was not present therefore the Board would proceed to the next item.

2.        Mayor Smith stated that the Town has received a request from Mr. Don Eggert, Rural Planning Organization Coordinator, for consideration of a resolution for a toll on Proposed I-74.  Mayor Smith stated that the State is considering the use of toll roads in order to expedite the construction of I-74.  Commissioner Donovan stated that the State gas tax supports road construction.  Commissioner Walters made a motion to approve the resolution supporting a toll on proposed I-74.  Commissioner Blythe seconded the motion.  Commissioners Walters, Blythe, Wooten and Grantham voted in favor of the motion.  Commissioner Donovan was opposed to the motion. 

3.        Mayor Smith stated that the term of Mr. Don Kauffman on the Planning Board expires in April and that there is also a vacancy on the Planning Board due to the resignation of Mr. Finley Boney.  Mayor Smith stated that Mr. Kaufman has requested to be re-appointed and that the Town received a letter of interest from Mr. Larry Cheek.  Commissioner Donovan stated that Mr. Kauffman has been a valuable member of the Planning Board, therefore he would make a motion that Mr. Kauffman be re-appointed to the Planning Board.  Commissioner Blythe

 

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      seconded the motion and the vote was unanimous.  Commissioner Donovan made         a motion to recommend that Mr. Larry Cheek be appointed to fill the

      unexpired term of Mr. Finley Boney.  Commissioner Blythe seconded the motion           and the vote was unanimous. 

4.        Mayor Smith stated that the next issue was a discussion regarding the updated flood damage prevention ordinance.  Mrs. Ivey stated that the Town is required to adopt the new Flood Damage Prevention Ordinance and Maps prioer to June 2, 2006 in order to remain in the National Flood Insurance Program.  Mrs. Ivey stated that it will be necessary to conduct a public hearing on the issue May 9th and that other notification is also required for the affected properties in the city limits and the ETA.  Commissioner Blythe made a motion that the issue be sent to public hearing on May 9th.  The motion was seconded by Commissioner Wooten and the vote was unanimous. 

5.        Mayor Smith stated that the next issue was a request from the Ocean Isle Fire Protection Association regarding a donation for funding of training.  Commissioner Blythe stated that the Fire Department wishes to participate in a three day training airport safety session sponsored by Brunswick Community College.  Commissioner Blythe stated that the Fire Department is requesting a donation of $1000 to purchase supplies and fuel necessary for the training.  Commissioner Walters made a motion to approve a budget adjustment for a donation of $1000 to the Fire Department. Commissioner Blythe seconded the motion and the vote was unanimous. 

6.        Mayor Smith stated that the Museum of Coastal Carolina has submitted a request for group activity for its annual Family Day on April 15th.  Mayor Smith stated that this has been a very successful event for the Museum in years past.  Mr. Ivey stated that all criteria of the application has been met and that the Museum is requesting to place a banner at the Museum and on the fence at the Putt-Putt.  Commissioner Donovan made a motion to approve the request for group activity with the noted exemptions.  Commissioner Blythe seconded the motion and the vote was unanimous. 

7.        Mayor Smith stated that the last issue under Old Business was a recommendation from the Airport Advisory Board that additional members be appointed to the Board.  Commissioner Donovan stated that the Airport Board is requesting one additional regular member and one alternate member be added to the Airport Advisory Board.  Commissioner Donovan stated that several letters of interest were received when the expiring terms of Mr. Brandon Sauls and Mr. Frank Williamson were advertised.  Commissioner Donovan stated that  Mr. Sauls and Mr. Williamson were both reappointed, and the Airport Advisory Board wished to increase the membership in order to utilize citizen interest in the Board.  Mayor Smith stated that the Airport Advisory Board is generally a unanimous board that rarely deals with issues that are controversial amongst its members.  Mayor Smith stated that with the anticipated signing of the FBO lease agreement,

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      the necessity of an Airport Advisory Board may be evaluated.  It was the          consensus of the Board to table the recommendation at this time. 

 

EXECUTIVE SESSION

            The Board adjourned to Executive Session upon a motion of Commissioner Walters with a second by Commissioner Blythe.  Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the March 14th meetings per G.S. 143-318.11(1) 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 Walters with a second by Commissioner Blythe.  The vote was unanimous.  Mayor Smith stated that during the Executive Session, the minutes of the March 14th meeting were approved unanimously upon a motion of Commissioner Donovan with a second by Commissioner Wooten.  Mayor Smith also reported that during the Executive Session the Board agreed on the concept of the FBO and requested that the developer and Town Attorney work together to develop a final lease for approval by the Board.

 

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