TOWN OF OCEAN ISLE BEACH
THREE WEST THIRD STREET
OCEAN ISLE BEACH, NC 28469
BOARD OF COMMISSIONERS MEETING
JULY 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
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 amendments to the Town’s Zoning and Subdivision Ordinance. Mayor Smith stated the first issue was to consider an amendment to the Town’s zoning ordinance, specifically Sections 66 – 1, 3 and 4.
Section 66 – 1 Short Title shall be amended to state that the zoning map shall be on file in the office of the Zoning Administrator.
Section 66 – 3 Terminology shall be amended to delete all information stated under this section and this section shall now become a “Reserved” section.
Section 66 – 4 Definitions
(a) Bed and Breakfast shall be defined as “the commercial use” of a private home and shall require that the operation comply with any state or federal rules governing sanitation.
(b) The definition of “bedroom” shall be amended to add “Fully enclosed interior room as shown on the building plan for the structure having as a minimum, a doorway, window and closet.”
(c) Building setback line shall be amended to add “the property line of record” as one means of determining the setback and specifying that “roof overhangs shall not be included in these calculations.”
(d) The definition of condominium shall not change, but one will be referred to the definition of Motel (Condotel).
(e) Front side of structure shall be defined as “that side so designated by the zoning administrator who shall use the consistency in 911 numbering as the primary criteria.”
Board of Commissioners
Public Hearing
July 11, 2006
Page 2
(f) The definition of “lot” and “street” shall be amended to refer one to Chapter 50-5 of the Subdivision ordinance for additional definitions.
(g) The definition of “Yard front” shall be amended to read “the minimum open space required between the front lot line and the front building line of a principal building or structure, projected to the side lot lines of the lot.”
No public comment was heard regarding these proposed amendments.
Mayor Smith stated the next issue for discussion was a modification to Section 50-94 of the Subdivision Ordinance Subdivision Design (d) Open Residential Green Space Requirements, to read as follows:
(d) Open areas that are required as part of a stormwater control device or septic system area shall not be included as provision of open space for the purpose of meeting the requirements of this section. However any part of the stormwater system that is completely underground can be considered when calculating the residential green space requirement.
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
JULY 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 14 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 June 13th and 27th Board of Commissioners Meetings; Request for excused absence for Mr. Russell Woody from the June Airport Advisory Board Meeting; Request for approval of Resolution regarding increasing the Natural Canal Special Tax District Fee as presented and approved in the F/Y 2006-2007 Budget and a request for a three month extension of Mr. Finley Boney’s contract for engineering services. Commissioner Walters made the motion to move discussion of Mr. Boney’s contract to New Business. The motion was seconded by Commissioner Wooten and the vote was unanimous. Commissioner Donovan made a motion the consent agenda be approved as amended. Commissioner Blythe seconded the motion and the vote was unanimous.
ADOPTION OF AGENDA
Mayor Smith requested the agenda be amended to include the discussion of Rental Key drop locations under New Business. Commissioner Donovan made a motion that the agenda be approved with this addition. Commissioner Blythe seconded the motion and the vote was unanimous.
Board of Commissioners
July 11, 2006
Page 2
REPORTS BY MAYOR
Mayor Smith commended the Police Department for their efforts and advanced planning to expedite the flow of traffic during the July 4th holiday. Mayor Smith reported that with upcoming needs for expansion of the Wastewater Treatment Plant, Town officials had recently met with Brunswick County in regards to the possibility of joining a regional sewer effort. Mayor Smith stated additional options are also being researched to accommodate the Town’s growth. Mayor Smith also reported the Fourth of July parade was a huge success again this year with over one hundred participants.
DEPARTMENTAL REPORTS
COMMENTS
Mayor Smith stated that 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.
Board of Commissioners
July 11, 2006
Page 3
OLD BUSINESS
1. Mayor Smith stated the single item under Old Business was discussion in regards to the public hearing issues in conjunction with modifications to Sections 66 1, 3 and 4 of the Town’s Zoning Ordinance and Section 50-94 of the Town’s Subdivision Ordinance. Mayor Smith stated these modifications are housekeeping issues and that no public comment was heard during the Public Hearing. Commissioner Walters made the motion to approve these modifications as presented. Commissioner Blythe seconded the motion and the vote was unanimous.
NEW BUSINESS
1. Mayor Smith stated the first item of New Business was a rezoning request from Atlantic Coast Development, Inc. for Ocean Isle Estates I. Mr. Bob Lasiter and Mr. Dan Koeller were present representing Atlantic Coast Development, Inc. Mr. Lasiter stated Atlantic Coast Development, Inc. is requesting the property located between Waterway and Aquatic Drive and adjacent to Hwy 179 be rezoned from R-1M to R-2M. After a brief discussion Commissioner Walters made a motion to refer this issue to the Planning Board for their discussion and review. The motion was seconded by Commissioner Donovan and the vote was unanimous.
2. Mayor Smith stated the next item of New Business was a group activity request from Ocean Isle Fishing Pier to conduct a Christian Worship event on July 14, 2006. Due to a conflict with the Ocean Isle Property Owners Concert previously scheduled for this date, Mrs. Melanie Long, representing the Ocean Isle Fishing Pier, requested the date be changed to July 27, 2006. Mr. Sellers recommended that two port-a-johns be provided for the event. Commissioner Blythe made the motion to approve the event with the stipulation that Mrs. Virginia Williamson authorized her approval of the event on the alternate date. Commissioner Walters seconded the motion and the vote was unanimous.
3. Mayor Smith stated the next item of business was a recommendation from the Planning Board regarding modifications to Article II of the Town’s Zoning Ordinance for Sections 66-41 through 49. A motion was made by Commissioner Blythe with a second by Commissioner Donovan, to send these modifications to Public Hearing on August 8, 2006 at 8:30 a.m. The vote was unanimous.
4. Mayor Smith stated the next item of business was a recommendation from the Airport Advisory Board regarding modifications to the rules, regulations and minimum standards governing the airport. After a brief discussion a motion was made by Commissioner Blythe to approve these modifications as presented. Commissioner Wooten seconded the motion and the vote was unanimous.
5. Mayor Smith stated the next item of business was discussion regarding the State Soil Sedimentation and Erosion Control Program. Mr. Justin Whiteside stated staff had recently met with an official from the State’s Soil Sedimentation and Erosion Control Department regarding the inclusion of the Town as a part of this program. Mr. Whiteside reported the Town has their own ordinance regarding erosion control and also enforces CAMA regulations. Mr. Whiteside stated the Town’s current policy is to request these projects be reviewed by the CAMA Land Resources Division in Wilmington. A motion was made by Commissioner Blythe with a second by Commissioner Donovan to request the Town be rescinded from the program. The vote was unanimous.
6. Mayor Smith stated the next item of business was discussion regarding the use of banners on the Island. Mayor Smith reported that on weekends businesses are displaying banners. Mrs. Ivey stated the current ordinance prohibits banners and reads the Building Inspector must give a 48 hour notice to the business to remove the banner and a penalty of $25.00 is assessed for each day the business is in violation. Mrs. Ivey stated that in most cases the 48 hours has passed and the banners have been removed prior to Town employees arriving for work on Monday morning. Mrs. Ivey stated due to staff not being available on the weekend this issue has fallen to the Police Department to enforce. Mrs. Ivey reported that banners may be permitted through the group activity application. Commissioner Donovan made a motion that the 48 hour notice be removed, the fine be increased from $25.00 to $100.00 and for noncompliance the Code Enforcement or any agent from the Police Department be allowed to enforce these ordinances immediately. Commissioner Wooten seconded the motion and the vote was unanimous.
7. Mayor Smith stated the next item of business was regarding Stream Restoration. Mr. Sellers reported that Mr. Christian Preziosi, Land Management, has approached the Town in regards to participating in a stream restoration program. Mr. Preziosi stated if eligible, this program would allow the Town to receive a minimum of $100 per linear feet for the total amount of the stream which would qualify. After much discussion Commissioner Donovan made a motion to table the issue until the August Board of Commissioners meeting for further review. This motion died due to the lack of a second. A motion was then made by Commissioner Donovan that the Town not participate in the Stream Restoration Project. This motion also died due to the lack of a second. Mayor Smith stated it was the consensus of the Board not to participate in this program at the present time.
8. Mayor Smith reported the next item of business was in regards to the extension of contract for Mr. Finley Boney to perform engineering services for the Town. Mrs. Ivey stated that staff has requested that Mr. Boney’s contract be extended for an additional three month period to allow sufficient time for Mr. Boney to complete pending projects that he is assisting the Town with. A motion was made by Commissioner Blythe to accept staff’s request to extend this contract for an additional period of three months. The motion was seconded by Commissioner Wooten and the vote was unanimous.
9. Mayor Smith stated the last item of business was in regards to Realtor Key Drop-off. Mayor Smith reported that several realtors have recently performed a trial roadside key drop off in order to help expedite traffic. Ms. Betty Williamson, Williamson Realty, stated that she has stood in her parking area for the past several years to receive keys from their weekly renters so this traffic can move along as quickly as possible. Ms. Williamson also stated this gives an added personal touch to these clients along with them not having to get out of their car. Mr. Marty Cooke, Cooke Realty, stated for the past several weeks their staff has stood on the sidewalk area near their office to receive keys from weekly renters. Mayor Smith stated she felt this was a good suggestion but requested the Police Department monitor this situation to ensure traffic was moving along. Mayor Smith also reminded the realtors that Town Ordinance prohibited brochures from being distributed in this fashion and requested that the realtor adhere to this policy. It was the consensus of the Board to allow this procedure at the present 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 June 13th and 27th meetings per G.S. 143-318.11(1) and to consult with the 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 Wooten with a second by Commissioner Grantham. The vote was unanimous. Mayor Smith stated that during Executive Session, the minutes of the June meetings were approved unanimously upon a motion of Commissioner Blythe with a second by Commissioner Walters.
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:_____________________________
Kitty Coley, Deputy Town Clerk