TOWN OF OCEAN ISLE BEACH

TOWN OF OCEAN ISLE BEACH

THREE WEST THIRD STREET

OCEAN ISLE BEACH, NC 28469

BOARD OF COMMISSIONERS MEETING

August 8, 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:

8 Property Owners & Guests

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 amendments to the Town’s Zoning Ordinance specifically Section 66 – 41 through 66 – 49 as follows:

(a) Planning Director shall be substituted for Building Inspector in sections regarding issues related to boundary concerns and zoning map location.

(b) Deletion of sections regarding reconstruction of two family dwellings, certain parking requirements, minimum rear yard set back for accessory structures and rear yard water contact provisions.

(c) Adding a provision that requires all new or substantially improved structures to comply with the National Flood Insurance Program requirements, Flood Insurance Rate Maps and any regulations imposed by the Town.

(d) Requiring the rear yard set back to comply with CAMA requirements.

(e) 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.

(f) Specifying that the maximum height of structures in single family and two family districts, for other than utility purposes, and R-2M (multifamily residential district mainland) shall be measured such as to allow for the construction of two floors, limited to 36 feet measured from grade.

(g) Specifying the number of bedrooms that can be constructed based upon the square footage of the lot, also considering the front footage of said lot.

(h) Establishing a commercial accommodation table within the multifamily residential district that established a lot of 10,000 square feet, a lot width of

Board of Commissioners

Public Hearing

August 8, 2006

Page 2

100 feet, a front and rear yard set back of 25, a side yard set back of 7 feet and a maximum building height of 31 feet.

(i) Providing that exterior walls of all dwellings shall be located no closer than seven feet from the side property lines.

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

August 8, 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 20 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 July 11^th Board of Commissioners Meeting; Resolution accepting and endorsing the Solid Waste Management Plan for Brunswick County; Request for excused absences from Mr. Calvin Chandler and Mrs. Carol Grantham from the July Planning Board Meeting and a Resolution in support of ensuring the Oak Island and Sunset Beach Bridge projects proceed without further delays. Commissioner Wooten made a motion the consent agenda be approved as presented. Commissioner Donovan seconded the motion and the vote was unanimous.

ADOPTION OF AGENDA

Mayor Smith requested the agenda be amended to delete Item #3 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.

REPORTS BY MAYOR

Mayor Smith reminded guest and property owners of the upcoming Open Forum Meeting to be held on September 11, 2006 at 6:00 pm in the Betty S. Williamson Meeting Hall. Mayor Smith read several letters from parents and youth commending the Police Department for their dedication and professionalism during an incident that occurred this summer.

Board of Commissioners

August 8, 2006

Page 2

DEPARTMENTAL REPORTS

Fire Department-Commissioner Blythe reported that during the month of July, the Fire Department responded to one hundred twenty-four calls which included fifty-three fire calls, fifty-six first responders and fifteen water rescues.
Administration-Mrs. Ivey stated the legislative bill regarding a request for the Town’s participation in the State Health Plan did not proceed past Committee and will be presented again during the next legislative session. Mrs. Ivey reported that the bill regarding use of ATV’s on the island by police and Town personnel and the moving of the ABC Store was approved during this session. Mrs. Ivey reported the two billboards on Highway 17 are being replaced and will have a new look. Mrs. Ivey stated on July 27^th the Corps of Engineers released the plans and specifications for bids on the renourishment project for this year. Bids are scheduled to be opened on August 30^th and awarded by mid September. Mrs. Ivey reported the preliminary total estimated cost of this project will be $4,570,000.00. The non-federal portion will be $1,600,000.00 of which $1,300,000.00 has already been submitted to the Corps. Mrs. Ivey stated 75% of the remaining funds due have been secured from the State of North Carolina leaving $75,000.00 to be funded by the Town. Mrs. Ivey stated the workshop regarding discussion on the west end dredging has been rescheduled until September 9, 2006 at 9:00 am in the Betty S. Williamson Meeting Hall. Mrs. Ivey reported that N. C. Fish and Wildlife will be installing new smaller buoys in the Shallotte Inlet within the next four to six weeks according to Gordon Myers. Mrs. Ivey also reported Mr. Myers stated that additional property at this ramp has been allotted to N. C. Fish and Wildlife in order to create more parking. Mr. Myers anticipates this project should be completed by next season. Mrs. Ivey stated that due to new CAMA regulations, the sandbags at Columbia Street area could not be raised. Mrs. Ivey reported the Community Center has averaged 22 children per day with a total in attendance through week eight being 401. Mrs. Ivey stated that Fall Activities have been planned for Tuesday nights during the months of September through November. The first Tuesday of each month will be Pot Luck Dinner and on the third and fourth Tuesday’s shagging lessons will be taught.
Police Department-Chief Curtis Pritchard reported that the month of July was a very good month. Chief Pritchard stated that the department issued 286 Town Ordinance violations in addition to seventy-two fire works calls. Chief Pritchard also reported that five larceny cases had been cleared; three homes, seven autos one boat had been broken into with all cases cleared by arrest. Chief Pritchard reported during July there were a total of twenty arrests resulting in forty-one charges and thirty-seven state citations resulting in fifty-two charges. Chief Pritchard personally thanked his officers for their dedication of duty in directing traffic during the extreme heat. Chief Pritchard also expressed his gratitude to

Board of Commissioners

August 8, 2006

Page 3

Mr. Mike Allen and the Ocean Isle Fire Department for supplying bottled water for these officers during this time.

Water/Sewer/Streets-Mr. Larry Sellers reported he had received approximately seven requests for proposals from engineering firms for the sewer expansion project. Mr. Sellers stated the bids for the Stormwater Phase II were advertised on July 28^th.
Building Inspections-Mr. Justin Whiteside reported that the Building Inspections office issued the following permits during the month of July: four new single-family residential permits in the Town with a construction value of $1,242,740.00 and four new single-family residential permit in the ETA with a construction value of $934,130.00.

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 recommendation from the Planning Board for a rezoning request from Atlantic Coast Development to rezone Ocean Isle Estates from R1-M to R2-M and to increase the density to allow for multi-family dwellings. Commissioner Walters made a motion to hold a public hearing regarding this request on September 12^th at 8:30 a.m. The motion was seconded by Commission Wooten and the vote was unanimous.
Mayor Smith stated the next item of business was regarding addition of, Section 66-251 to the Town’s Zoning Ordinance. Ms. Jess, Town Attorney, recommended a public hearing be held to make modifications to the Zoning Ordinance and this be placed in the police power ordinance. Mrs. Ivey stated the modification to the Zoning Ordinance would be to designate that the Code Enforcement Officer and any agent of the Police Department would have the authority to enforce this ordinance. Commissioner Donovan made the motion to adopt these changes to the police power ordinance and to hold a public hearing on September 12^th in regards to the zoning ordinance amendment. Commissioner Wooten seconded the motion and the vote was unanimous.
Mayor Smith stated the next item of business was to discuss the public hearing issues in regards to modifications of the Town’s Zoning Ordinance, Section 66-42 through 49. Commissioner Walters made a motion to adopt these modifications and the motion was seconded by Commissioner Blythe. The vote was unanimous.

Board of Commissioners

August 8, 2006

Page 4

Mayor Smith stated the next item of business was regarding modification to the Town’s Flood Damage Ordinance to be in compliance with FEMA. Mayor Smith stated the modification would be to delete the words “maximum of” when referring to required freeboard which is three feet. Ms. Jess stated this issue would require a public hearing. Commissioner Walters recommended holding a public hearing in regards to these modifications on September 12^th. Commissioner Donovan seconded the motion and the vote was unanimous.

New Business

1. Mayor Smith stated the first item under New Business was regarding a group activity request from South Brunswick Interchurch Council to hold a Half Marathon and 5K Run on January 6, 2007. Mrs. Ivey stated that approvals had been received by Town departments. Commissioner Donovan stated the South Brunswick Interchurch Council had requested the group activity fee be waived. Mrs. Ivey reported this group is non-profit, therefore if the Board so chooses, the fee could be waived and reimbursed to them. Commissioner Donovan made a motion to approve this request and to refund the application fee. Commissioner Wooten seconded the motion and the vote was unanimous.

2. Mayor Smith stated the next item of business was a request for final plat approval for The Peninsula. Mrs. Ivey reported that no deviations have been made since the original sketch plan approval. Commissioner Donovan made the motion to approve the final plan for The Peninsula with a second by Commissioner Blythe. The vote was unanimous.

3. Mrs. Ivey reported the next item of business had been deleted.

4. Mayor Smith stated the next item of business was a request for approval of the preliminary subdivision sketch plan for The Landing at Ocean Isle Beach. Mayor Smith stated that Mr. Rick Moore, Engineer with Crescent Development, was present to answer any questions relating to this matter. Mr. Moore introduced himself to the Board and presented exhibits of the 120.5 acre track and stated that Crescent Development has proposed a subdivision for the entire track. Mr. Moore stated that 98 acres were dedicated for residential land use with 22.5 acres for commercial use. Mr. Moore also stated the commercial area included 10.5 acres for a grocery retailer and additional retail space with the remaining 12 acres for various commercial uses. Mr. Moore presented examples of the layout for the commercial grocery area. Mr. Moore also presented photos from the new Lowe’s Foods located in Little River, South Carolina and stated they anticipated this store would be similar in design. Commissioner Walters asked Mr. Moore how many entrances there would be to the commercial area. Mr. Moore replied that two entrances from Hwy 179 and one entrance from Ocean Isle Beach Road had been

Board of Commissioners

August 8, 2006

Page 5

proposed. Commissioner Walters asked what had been done on the traffic analysis for this area. Mr. Moore stated that traffic counts had been prepared by traffic consultants. Mr. Moore also stated these consultants have prepared a traffic study which had been presented to the Wilmington office of Department of Transportation. Mr. Moore indicated the Wilmington office was not prepared to make a final approval of these recommendations and had referred this issue to the Raleigh for the State Congestion Management Department to review and determine if the proposed improvements were adequate to serve the needs of the traffic in this area. Mrs. Ivey reported the Town has also sent a letter to this department on behalf of the Town and Crescent Development to expedite the traffic study for this area. Commissioner Walters expressed concerns regarding an increase of traffic in this area. Mayor Smith stated that North Carolina Department of Transportation had traffic counters placed on the roads in the area during the past several weeks. Mr. Dave Niekamp of Crescent Developing stated that Mr. Rob Ross, Traffic Consultant with Kimley & Horn located in Raleigh, had been contracted to prepare a traffic study for the area. Mr. Niekamp stated that the North Carolina Department of Transportation recommendations will have a dramatic impact on this intersection. Mr. Niekamp also stated that Crescent Development has plans of having the proposed roads completed prior to the tourist season in Spring 2007. Commissioner Walters asked what were the plans for beginning construction on the shopping center area. Mr. Niekamp stated the shopping center is proposed to open in Spring 2008. Commissioner Walters made a motion to refer this plan to the Planning Board. Commissioner Blythe seconded the motion and the vote was unanimous.

5. Mayor Smith stated the next item of business was a recommendation from the Planning Board regarding amendments to Section 66-50 through 54. Mayor Smith stated these amendments would require a public hearing. Commissioner Walter made a motion to hold a public hearing regarding amendments to Section 66-50 through 54 on September 12^th. The motion was seconded by Commissioner Blythe and the vote was unanimous.

6. Mayor Smith stated the next item was a resolution for financing authorization to allow the Town to apply for funding of the land acquisition of the property for the new Town Hall/Police Department facility. Mayor Smith stated in conjunction with this resolution a public hearing would be required. Mrs. Ivey stated that it would be necessary to hold the public hearing prior to our next scheduled meeting in order to meet application deadline submittals for the Local Government Commission. Commissioner Donovan made a motion to hold the public hearing on August 29^th at 9:00 a.m. Commissioner Blythe seconded the motion and the vote was unanimous. Commissioner Blythe suggested holding the public hearings for amendments to Section 66-251 of the Town’s Zoning ordinance and amendments to the Town’s Flood Damage Prevention Ordinance be held at this time also. Commissioner Donovan amended the motion to adopt

Board of Commissioners

August 8, 2006

Page 6

the resolution and to send this issue regarding the financing agreement to public hearing on August 29^th at 9:00 a.m. The motion was seconded by Commissioner Blythe and the vote was unanimous. Commissioner Walters made a motion to also hold the public hearing for the housekeeping amendments to Section 66-251 and the Town’s Flood Damage Prevention Ordinance to on this same date. Commissioner Donovan seconded the motion and the vote was unanimous.

7. Mayor Smith stated the final item of New Business was regarding personal items being left on the beach. Mayor Smith reiterated this issue has become a problem. Mayor Smith stated the police department reported a count of cabanas on the beach for August 7^th at 315. Mayor Smith stated these cabanas are remaining setup 24 hours a day. Mrs. Ivey stated that she and Chief Pritchard have been diligently working on this problem for several weeks. Mrs. Ivey also stated that Town Hall had been inundated with complaints regarding cabanas this year. Mrs. Ivey presented photos to the Board of cabanas that were left overnight during a recent storm and stated the Street Department removes these abandoned items from the beach resulting in additional tipping fees being charged to the Town. Mr. Sellers reported that since April, the Town has spent $1,800.00 on tipping fees dumping these items. Mr. Sellers also stated that during the period of a week, the Street Department averages three employees spending approximately 26 man hours to remove these items from the beach. Mr. Sellers stated whenever there is a storm; it creates an additional day of cleaning resulting in an average of three employees, totaling 16 man hours, in order to remove this debris. Mr. Sellers reported the cabanas were also being placed in the waste receptacles therefore, filling up these cans and creating liter issues. Mr. Sellers indicated that some tourist are removing the canvas top and leaving the frames on the beach. Mayor Smith stated that it was obvious that some cabanas are being left up for the entire week if not longer. Commissioner Grantham ask Mrs. Ivey what were the nature of the complaints that have been received by Town Hall. Mrs. Ivey stated the complaints range from not being able to get between the cabanas to access the beach to property owners stating that tourist are homesteading in front of their property. Mrs. Ivey stated that this has become an issue for the Beach Patrol Officers as well as Town Hall. Mrs. Ivey recommended that if the Board chooses to act on this matter that an educational process be implemented by working through the realtors, Channel 8 and other avenues to make the public aware of the ordinance changes. Mrs. Ivey stated that staff was not recommending staunch enforcement of such an ordinance. Mrs. Ivey also stated the Turtle Patrol has complained about the cabanas too. Mrs. Ivey reported that several complaints had been received regarding safety issues of people walking at night and tripping over the stakes. Mrs. Ivey reiterated that there have been issues in front of the Community Center where the children’s activities could not be held on the beach due to the cabanas. Commissioner Walters commented that

Board of Commissioners

August 8, 2006

Page 7

even if there is a policy stating the cabanas are to be removed on a daily basis this still doesn’t solve the problem of homesteading or being able to conduct activities on the beach at the Community Center during the day. Commissioner Walters expressed his concern on this issue and stated he felt that it needed to be addressed; however he did not want the situation to occur similar to Sunset Beach where citations were issued resulting in additional complaints. Mrs. Ivey explained that Sunset Beach did not have an educational process and that warning tickets were issued the first year and citations the second year. Mrs. Ivey stated she did not feel this works because you do not have the same people from year to year. Commissioner Blythe stated that he felt that an education process would be beneficial to the visitors. Mayor Smith stated that this issue has become a detriment to the live ability and the environment that is promoted here at Ocean Isle Beach. Mayor Smith also stated that she certainly does not want to prohibit anyone from having shade, being out of the heat or protecting their children and grandchildren, however she felt that this would reduce the amount of cabanas on a daily basis if they were to be removed each day. Commissioner Donovan asked if the real issue was the cabanas or the cabanas being left overnight. Mayor Smith stated the issue is not only the cabanas but additional personal items such as coolers, beach chairs, t-shirts hanging on the cabanas all of which are being left on the beach overnight. Mayor Smith also stated that a volleyball net had been permanently installed on the west end for at least a month. Mayor Smith stated this had also become an issue with Waste Industries not being able to empty the waste receptacles located on the beach. Mayor Smith felt this issue has worsened in the past several years and if action was not taken that it would continue to be a problem. Mayor Smith stated that this action needed to be handled in a courteous manner, however if the owner of the items refused to remove them as instructed, the beach patrol officer should have the authority to enforce the ordinance. Mayor Smith reported that Mrs. Ivey’s staff had contacted the rental companies of these cabanas, reminding them that their permit to place the cabanas on the beach stated that the cabanas are to be removed on a daily basis. Mrs. Ivey stated that in contacting these companies they did not feel the need to remove their cabanas daily since others were not removing their cabanas on a daily basis. Mayor Smith stated in order to enforce this issue it was necessary to have this information in an ordinance. Commissioner Grantham stated that he was aware of visitors that build their vacation around their cabana for the week from early in day to evening. Mrs. Ivey stated that staff had a meeting with the realtors regarding this issue and they were all willing to assist the Town in informing visitors. After a lengthy discussion Mayor Smith recommended that a committee be formed to investigate further options regarding this issue. Members for this committee were Mayor Smith, Commissioner Donovan, Chief Pritchard, Daisy Ivey, Marty Cooke; representing rentals companies, Carol Grantham; representing the Ocean

Board of Commissioners

August 8, 2006

Page 8

Isle Beach Property Owners Association and Carol Berryhill; representing the Ocean Isle Turtle Watch Association. Mayor Smith also stated that a decision should be made in time for the public to be informed prior to next year’s rental season. Mrs. Ivey reiterated that in order for the realtors to provide this information to the public in their rental brochures that a decision should be made as soon as possible.

EXECUTIVE SESSION

The Board adjourned to Executive Session upon a motion of Commissioner Donovan with a second by Commissioner Wooten. Mayor Smith stated the purpose of the Executive Session was to approve the minutes of the July 11^th meetings 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 July 11^th meter were unanimously approved upon a motion of Commissioner Walters with a second by Commissioner Blythe.

ADJOURN

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

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

AUGUST 29, 2006

PUBLIC HEARING

MINUTES

MEMBERS PRESENT:

Mayor Debbie Smith Mayor Pro Tem C.D. Blythe

Commissioner Richard Donovan Commissioner Dean Walters Commissioner Suzie Wooten Daisy Ivey, Town Administrator

Larry Sellers, Asst. Town Admin

MEMBERS ABSENT:

Commissioner D. B. Grantham

OTHERS PRESENT:

2 Property Owners

CALLED TO ORDER:

Mayor Smith called the public hearing to order and stated the purpose of the public hearing was to consider the filing of an application with the Local Government Commission, for approval of a financing agreement in the amount of $1,800,000.00, authorized by North Carolina General Statute 160A-20. Mayor Smith stated the purpose of this financing agreement is to purchase property in conjunction with construction of a new Town Hall/Police Department facility.

Mr. Ray Gillis, 12 Asheville Street, requested an explanation as to what type of due diligence had been made on this property. Mayor Smith stated that the Town had performed an appraisal, survey and Phase I Environmental Impact Study on this property. Mr. Gillis stated he felt the Town should complete a needs assessment study to determine future needs prior to making this commitment. Mayor Smith stated several properties had been explored along with preliminary projections as to size of building which could be constructed on this property to ensure proper space for future needs. Mayor Smith stated the Board of Commissioners had determined this property was more suitable to the current and future needs of the Town.

With no additional comments being heard, 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

AUGUST 29, 2006

PUBLIC HEARING

MINUTES

MEMBERS PRESENT:

Mayor Debbie Smith Mayor Pro Tem C.D. Blythe

Commissioner Richard Donovan Commissioner Dean Walters Commissioner Suzie Wooten Daisy Ivey, Town Administrator

Larry Sellers, Asst. Town Admin

MEMBERS ABSENT:

Commissioner D. B. Grantham

OTHERS PRESENT:

1 Property Owner

OVERVIEW OF HEARING:

Mayor Smith called the public hearing to order and stated the first item for discussion was regarding an amendment to Section 66-251 of the Town’s Zoning ordinance to read as follows: The Code Enforcement Officer or any agent of the Police Department shall cause to be removed any unauthorized, permanent, temporary or portable sign erected or situated upon public property. The Code Enforcement Officer or any agent of the Police Department shall cause to be removed any unauthorized, permanent, temporary or portable sign erected or situated upon private property by citing the owner or agent of the owner of the property with a notice of violation and requesting immediate removal. Failure to immediately remove the sign upon notice shall result in a fine of $250.00, said fine accruing each day that the sign is permitted to remain, such that each day a violation continues shall be considered a separate offense. Mayor Smith asked for public comment regarding this amendment. No comment was heard.

Mayor Smith stated the next issue was an amendment to the Town’s Flood Damage Prevention Ordinance. Mayor Smith stated this Section would be amended to delete the words “a maximum of” when referring to required freeboard. Mayor Smith stated this Section would now read: “In special flood hazard areas where Base Flood Elevation (BFE’S) has been determined, this elevation shall be the BFE with three (3) feet of freeboard.”

No public comment was heard in conjunction with this issue. With no additional issues to address, Mayor Smith declared the public hearing closed.

DATED: ________________ SIGNED: _________________________________

Debbie S. Smith, Mayor

(SEAL)

ATTEST:

____________________________________

Kitty Coley, Deputy Town Clerk