October 9

MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 9, 2001 – 7:00 PM – TOWN HALL

Mayor Barbara Harris called the meeting to order at 7:00 P.M.

Present for the meeting were Mayor Barbara Harris; Commissioner Emily Farmer; Commissioner Patricia McElraft; Commissioner Jay Murphy; Commissioner Emory Trainham; Commissioner John Wootten; Town Manager Frank Rush; Assistant Town Manager Mitsy Overman; Town Attorney Derek Taylor; Planning Board Chairman Ceil Saunders; Police Chief Mark Wilson; Fire Chief William Walker; Alesia Sanderson, Parks and Recreation; Building Inspector James Taylor and Public Works Director Bob Conrad. Absent was Town Clerk Carolyn Custy who was attending Clerks Certification School in Chapel Hill.

Mayor Harris began by recognizing Mr. Harry Wigmore. Mr. Wigmore recently won the Governor’s Award for outstanding volunteer. The Mayor thanked him for the wonderful job he does.

4. ADOPTION OF AGENDA

Town Manager Frank Rush requested that item 10.5 be added to the agenda.

This is an ordinance amending Chapter 19 relating to street access. It is presented in conjunction with item number 10.

Commissioner Trainham moved and Commissioner Wootten seconded to adopt the agenda.

5. Department Head Reports

Fire Department Report – Chief Walker stated that things have slowed down significantly. Calls for the month have dropped from 90 last month to 26 for the month of September. He stated that last year, the fire department had 35 water rescue calls and this year so far, the department has had 73. Chief Walker said last week was fire prevention week, and the department has been busy with children touring the facilities. The Rescue Squad has been very helpful by making available the ambulances. Chief Walker stated that the President of the Volunteers passed away unexpectedly. This is a great loss for the department. The fire department took a truck to Durham to attend his funeral. Chief Walker said the fire department is in need of volunteers so if anyone knows someone that could give their time, please send them to the fire department.

Parks and Recreation Report – Alesia Sanderson said the pre-school class has started a drive to raise funds to get hygiene kits together to send to New York for the relief workers there. They have also raised five hundred dollars in cash donations and these items were sent through the Red Cross. She is proud of their accomplishments. Alesia announced that on October 25^th, the Reforestation Committee will be doing plantings at the Western Regional Access, and anyone who would like to donate plants are welcome to do so. The plantings will be done on Thursday, October 25^th at 9:00 A.M. The annual Halloween carnival will be held on October 26^th at 6:30 P.M. at the Parks and Recreation Community Center.

Public Works Report – Mr. Bob Conrad stated this is the time of year his department will start once-a-week clean-up on the beach strand rather than the normal twice a week in the summer months. The department has serviced and/or repaired twenty-five town vehicles and serviced and/or repaired twenty-one buildings. He said the department has constructed fifty-five brackets and are awaiting the flags to be delivered. The flags will be installed on the same poles as the Christmas lights. The department has also installed 700’ of water main at the Western Regional Access.

Police Department Report – Chief Mark Wilson said the police department answered three hundred and seventy seven calls for the month of September. The department also checked 1,421 businesses/residents. Chief Wilson commented that if residents are going away for a few days, they should call the police department and let them know so the officers can check their house while they are gone. The officers performed 125 traffic stops and of those, 29 citations were issued.

Building Inspections Report – Mr. James Taylor said the Inspections Department, for the month of September, issued a total of seventy-seven permits for a construction value of $2,051,620. The year-to-date construction value totals $4,908,190.

6. CONSENT AGENDA

Approval of Minutes of Regular Meeting of September 11, 2001 and Special Meeting of September 24, 2001. Commissioner Murphy made a motion to approve the minutes as written, seconded by Commissioner McElraft, motion carried.

Tax Refunds and Releases. Commissioner Wootten made a motion to approve the tax refunds and releases as presented, seconded by Commissioner Murphy, motion carried.

7. BOND REFERENDUM ACTIONS/PROPOSED BEACH NOURISHMENT PROJECT

Mr. Rush said the two items before the Board tonight are procedural items to meet the statutory requirements to schedule a bond referendum. The Bond Order, which is an official document authorizing the bond referendum, must be introduced. The Board must schedule a public hearing on the bond order for the November meeting, after which the Board may formally adopt the bond order and finalize plans for a March 2002 referendum. Mr. Rush said there was a sample ballot in their packets that was drafted by the bond attorneys. These questions will appear on the March referendum. Mr. Rush also wanted to call to the board’s attention the sworn statement of debt. The town currently has an outstanding debt of $776,000.00 as of June 30, 2001. This is a very low debt ratio based on our assessed value. We will be adding an additional 17,000,000.00 if the bond referendum passes in March. The percentage of net debt will be approximately 1.363%, which is still manageable. Commissioner Wootten commented that the legal debt limit is eight (8) percent of the assessed value, so even adding the additional seventeen million, we are still under two percent.

Commissioner McElraft made a motion to adopt the resolution introducing the Bond Order authorizing the issuance of $17 million Beach Improvement Bonds for the Town of Emerald Isle, seconded by Commissioner Wootten, motion carried.

Commissioner Murphy made a motion to adopt a resolution authorizing a public hearing for the November 13, 2001 meeting. Motion seconded by Commissioner Wootten, motion carried.

8. ORDINANCE AMENDING CHAPTER 19 (ZONING) OF THE EMERLAD ISLE CODE OF ORDINANCES TO PROHIBIT THE CONSTRUCTION OF SWIMMING POOLS IN THE OCEAN SETBACK AREA.

Mayor Harris stated the reason for the public hearing was to consider adoption of an ordinance prohibiting the construction of swimming pools in the ocean setback area. The Coastal Resources Commission recently adopted a new rule that will prohibit the construction of swimming pools in the ocean setback area effective August 2002. The adoption of the proposed ordinance by Emerald Isle will implement the new rule immediately, as opposed to waiting until August 2002.

Commissioner Murphy made a motion to open the public hearing, seconded by Commissioner Farmer, motion carried.

Mr. Rick Farrington, resident of 8802 Sound Drive, said he knew the board had given this item a lot of thought, and he felt somewhat responsible. Mr. Farrington said he was the developer at Pier Pointe where the swimming pool fell in the water. He knew the town participated in the cleanup. The land was filled land, not a natural area. He said swimming pools greatly increase the value of the property. He said the reason he was concerned about the amendment tonight was he thought it would affect 575’ from the sound as well. He understands, however, it is for ocean setback areas only in the described districts.

Mr. Dean McCormick, resident of Connie Street, said he would like the board to take into consideration the type of product used. The pool Mr. Farrington was talking about was of concrete. They have higher quality products now, such as fiberglass. The fiberglass pools can be set with a crane, and if it becomes jeopardized it can be removed. He continued by saying that if the fiberglass pool becomes undermined for some reason, it will not break apart. Mr. McCormick asked Jimmy Taylor, Bldg Inspector, how this will affect permits being issued. Mr. Taylor said as long as the permit was issued prior to the adoption of this ordinance, then the pool could be installed.

Mr.Dan McCormick, resident of Sound Drive, just wanted to add to a previous comment about the one-piece pool. He stated the Board might want to consider, if the one pool concept is acceptable, an engineer’s certification be provided. He asked the Board to reconsider the adoption of the ordinance.

Mr. Harry Wigmore, resident of 105 Purdie Street, said that CAMA has researched this amendment for a long time, and they are very fussy about what they do. They just don’t jump at something. The pools might be strong, but if the dune washes away, the pool will float in the ocean. When you start digging holes in the dune system, you are creating problems.

Bldg. Inspector Taylor said that because the land that Mr. Farrington was referring to was filled land, it probably facilitated the erosion a lot quicker. After the storm events, he had to issue the owner a minor CAMA permit to truck sand to reinforce the pool and re-vegetate. When you install pools, you have to make alterations to the dune system. CAMA will not allow you to alter the primary or frontal dune. Mr. Taylor said they are taking swimming pools out of the setback area; so that doesn’t mean you do not have another suitable place for a pool.

After no further comments, Commissioner McElraft made a motion to close the public hearing, seconded by Commissioner Murphy, motion carried.

Commissioner Farmer made a motion to adopt the ordinance amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinances to prohibit the construction of swimming pools in the Ocean Setback Area. Motion seconded by Commissioner Trainham.

Commissioner McElraft said when the Board first brought this item up for discussion, the CRC had not decided what they were going to do. This has been a request from the inspections department for some time. She was not willing to go out on a limb until she had the ruling from CRC. The dunes are very fragile and we need to protect them.

Commissioner Farmer wished it was passed in July, 2000 when it was discussed by the Board. We have given people fifteen months to get all the permits they want.

The Mayor called for a vote on the motion. Vote was unanimous to adopt the ordinance as presented.

9. Ordinance Amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinances to clarify language regarding building face and roof lines.

The Mayor read the proposed amendment as follows: 1. Section 19-62 is amended by adding the following definition: Façade/Face (Building) means that portion of a building that faces any street, which includes NC 58. 2. Section 19-74 is amended to read as follows: The placement of towers, spires, and other structurally non-functional additions to any commercial structure must be placed so that no portion extends above any existing or proposed roof line.

Commissioner Farmer made a motion to open the public hearing, seconded by Commissioner Murphy, motion carried.

There were no comments from the public, therefore, Commissioner Wootten made a motion to close the public hearing, seconded by Commissioner Trainham, motion carried.

Commissioner Wootten made a motion to adopt the ordinance amending Chapter 19 clarifying language regarding building face and rooflines.

Motion seconded by Commissioner Murphy, motion carried.

10. DISCUSSION - ORDINANCE AMENDING CHAPTER 18 (SUBDIVISIONS) FOR THE EMERALD ISLE CODE OF ORDINANCES TO SPECIFICALLY AUTHORZE THE USE OF PRIVATE STREETS IN SUBDIVISONS.

The Mayor asked Commissioner Farmer to read the proposed amendment. (See copy attached).

Mr. Rush said the Planning Board at their August meeting, approved a preliminary plat for the Reed Drive Commercial Park. The plat did include a private street that would link Reed Drive with Pebble Beach. Mr. Rush said the Subdivision Ordinance does not specifically authorize private streets in that circumstance. The Planning Board expressed interest in amending the subdivision ordinance to specifically authorize the use of private streets in other types of subdivisions in Emerald Isle. This concept was discussed briefly at the September 24^th workshop and there was significant interest to generate this proposed ordinance. This ordinance would maintain the current standards for private streets. In chapter 17, Street and Sidewalks, there are standards spelled out for both public and private streets. This amendment would bring the existing streets into compliance and correct the oversight of not having private streets specifically authorized in the subdivision ordinance. Hopefully it will eliminate confusion between Chapters 17 and 18 in the future.

Mr. Rush wanted to touch on some of the significant points in the proposed ordinance. The documents of the owners association providing for maintenance of private improvements will be required at the final plat stage only. The requirement to present documents creating the homeowners association, showing annual maintenance budget etc., currently exist in our subdivision ordinance for planned unit developments, condo’s, group housing. This should provide some mechanism for maintaining these private streets.

Commissioner Trainham asked Mr. Rush if this ordinance made any distinction between residential streets and streets such as the one at Emerald Plantation Shopping Center. Mr. Rush said this ordinance make no distinction between residential or commercial.

Commissioner Murphy wanted to know if there is commercial property in existence now with private streets. Mr. Rush said there is one at Emerald Plantation Shopping Center, the portion from Highway 58 to the residential gate. Commissioner Trainham asked the police department to check and see if we could enforce such things at stop signs violations at Food Lion. He said this was what concerned him with commercial operations. Mr. Rush said we do have the power to enforce ordinances within private streets. Chief Wilson said the officer could enforce the stop sign violation if it is a duly erected stop sign and the ones at Emerald Plantation are small and made of wood. If it is a private street in a subdivision, we can enforce the law because it comes under the General Statute of public vehicular area.

Commissioner McElraft stated she did not want taxpayer money paying for street maintenance in a private subdivision or shopping center. She would prefer the developer be responsible for the maintenance of these streets.

Paxon Holz said there have been private accesses to commercial properties in Emerald Isle since the town was built. She said every store along Hwy 58 has a private component to that access, whether you call it a parking lot, driveway, or street. You can call it what you want, but it is asphalt and people drive on it. Mrs. Holz said she was informed there was no specific wording in the ordinance that allowed a private street. She requested a letter stating this was the case and received the letter. I went back to the drawing board and proposed using the existing, dedicated, accepted by the town, public street to serve the Reed Drive property. Her engineer attended a meeting on her behalf some months ago and the town raised concern with the plan submitted and wanted to know why the engineer brought them the plan. The board told her engineer they wanted a loop road. So, we are back here again. I have always said I would prefer the public, already dedicated road, I’ll just improve it.

Ted Williamson wanted a clarification of the proposed ordinance. He wanted to know if the ordinance has any effect on existing subdivisions with private roads. Mr. Rush said the only effect it would have on private roads is that it would bring them into compliance with the ordinance. The answer to Mr. Williamson is no, it has no effect on existing subdivisions.

Mr. Rick Farrington said typically a private street is forty (40) feet wide and he has not heard anyone mention that tonight. Commissioner Wootten said the road width, between public and private, is Chapter 17. This section has not changed; the standards are there and have been there since 1987. Commissioner Wootten says we are talking about Chapter 18 that specifically authorizes private roads in commercial subdivisions. All we are doing here tonight is moving the exact same words from Chapter 17 to apply to Chapter 18 as well. Commissioner Wootten continued by saying that the only difference between the design specifications of a public or private road is the width. A public road has a right-of-way of fifty (50) feet and a private road has a right-of-way of forty (40) feet, with a five-foot easement on each side. Mr. Phil Almeida of the Planning Board said we need to have some rationale for actions taken, and the only rationale that appears to drive the request for a forty (40) foot right-of-way seems to be the desire to keep the disturbed area under one acre. The change in the ordinance is targeted to one piece of property that is under review, and that is wrong. It is favoring that particular project. He did not think this was reason to change the ordinance.

After no further comment, Commissioner Wootten made a motion to refer the proposed ordinance amendment to the Planning Board for comments and schedule the proposed ordinance for formal consideration at the November meeting. Motion seconded by Commissioner Murphy.

Commissioner McElraft said a comment was made about favoring one subdivision, and that is not the case. We are going back and rectifying what could be a potential legal problem. Commissioner McElraft read a list of streets that are existing private streets not located in PUD’s, Group Housing or Commercial Condominiums projects. One of those streets was Marsh Cove, which Commissioner McElraft stated had asked the Board to consider making their road public. The Board said no. We have already set precedents for private roads in subdivisions and we don’t want to go back now and pay for all those roads. We are just trying to rectify what is not legal in our ordinance.

Commissioner Farmer disagreed with Commissioner McElraft. We certainly are favoring subdivisions. The Board is being asked to consider several issues tonight regarding commercial development. Commissioner Farmer said she was concerned that we are fixing one mistake by replacing it with another. I support private roads in residential areas, but I have a great deal of difficulty supporting them in high traffic commercial areas where we have to be concerned with public safety. Commissioner Farmer continued by saying she has concerns about the allowable width of the right-of-way in the current ordinance. The right-of-ways serve a number of important purposes. The land on either side of the pavement is there for running current and future utilities, act as a swell or vegetative buffer and contain storm water from the road. It also provides a physical and visual buffer between cars and pedestrians. She looked at other communities, such as Nags Head, Atlantic Beach and Ocean Isle. They do not allow right-of-ways narrower than fifty feet. I question whether forty feet is adequate.

Commissioner Farmer said her greatest concern was why we are rushing this through. Reed Drive Extension is a town road with a sixty-foot right-of-way. The owner of the land that surrounds it wants to develop that property and has every right to. The owner, however, wants to make this public road private. This will give her more buildable area and allows her to circumvent state storm water requirements that she would be required to meet with a fifty or sixty foot right of way. Further, the Board received a letter from adjacent property owners, Quail Ridge Homeowner’s Association stating their concerns with potential flooding. To say we will deal with storm water later just repeats the mistakes of the past.

Commissioner Farmer said another issue we will be talking about tonight is the abandonment of Reed Drive Extension in preparation of preliminary plat approval for this commercial subdivision.

Commissioner Farmer wanted to make sure everyone understands what is going on. The Town spent $16,000 on two studies and has a letter from DOT that the primary entrance to this parcel has to be at Pebble Beach. DOT stated that in order to maintain acceptable levels of traffic operations, the main entrance to the shopping center could only be located at the intersection of the southwest property border. Most of the traffic will be coming from Highway 58, and it doesn’t take a genius to realize the entrance will be whatever cars come to first. The preliminary plat the majority of the Board wants to approve will 1)use Reed Drive Extension as the entrance. According to one of the developers of this parcel, this plan was agreed to by some of the commissioners and the developer before the Planning Board ever saw it. Commissioner Farmer said she can assure everyone that she, nor Commissioner Trainham, were involved. We do not support the behind the scenes dealings with the plan. She wanted to know what happens to Highway 58 and Coast Guard Road if we follow this pre-approved plan. As Commissioner Wootten said in a letter to a concerned resident, and I quote, “We need five lanes on Coast Guard Road from Hwy 58 to Reed Drive---we also need two right turn lanes from 58 onto Coast Guard Road. The inner-most or southwest lanes would go directly and only to the commercial property at Reed Drive. The second turn lane would proceed down Coast Guard Road, pass Reed Drive and split into a through traffic in a right turn only lane for the commercial property.” Highway 58 will be widened to five lanes, giving the developer a dedicated turning lane on this major road directly into her property. Commissioner Farmer said she would assume it would require a large sign at the bridge on Hwy 58 telling people to get in the far right hand lane to get to her stores. Talk about fantastic advertising. So what happens to Coast Guard Road? It too will be widened to five lanes and after Reed Drive, it will be four lanes. What a deal for the developer. These so called road improvements were never discussed in any detail at Planning Board meetings, nor have they been discussed at our meetings. No one has considered whether we are willing to take these drastic measures. No one has considered, from a future planning prospective, tying up one lane on this major highway to serve only one commercial development is a smart thing to do. We don’t even know if NCDOT will allow it. Commissioner Farmer said the Board passed a resolution some months ago stating we didn’t want DOT to widen 58 to five lanes.

Mayor Harris interrupted at this point. The Mayor asked the attorney if she had the right to stop Commissioner Farmer. The attorney said the Mayor has the right to control the meeting. Attorney Taylor told Commissioner Farmer she could ask for a motion to override the Mayor’s call. Commissioner Wootten told Commissioner Farmer to continue. The Mayor asked Commissioner Wootten if he was overruling her. He stated he was not.

Mayor Harris said there was a motion and a second to refer the proposed ordinance amendment to the Planning Board for comment and schedule a public hearing for the November meeting. Voting in favor was Commissioner Wootten, McElraft and Murphy. Voting against were Commissioner Farmer and Trainham. Motion passed 3-2.

10.5 – ORDINANCE AMENDING CHAPTER 19 (ZONING) OF THE EMERALD ISLE CODE OF ORDINANCES GOVERNING STREET ACCESS

Mayor Harris said this was an ordinance amending Chapter 19 governing street accesses. Mr. Rush has suggested that the proposed ordinance amendment be referred to the Planning Board for comments and schedule a public hearing on the ordinance amendment for the November 13^th meeting.

Commissioner Murphy made a motion to refer the proposed amendment to Chapter 19 governing street accesses to the Planning Board for comments and schedule a public hearing for November 13, 2001. Motion seconded by Commissioner Wootten. Voting in favor were Commissioners Murphy, McElraft and Wootten. Voting against were Commissioners Farmer and Trainham. Motion passed 3-2.

11. RESOLUTION OF INTENT TO ABANDON A PORTION OF REED DRIVE

Mayor Harris said the attached resolution indicates that the Board will consider the permanent abandonment of the portion of Reed Drive located west of Coast Guard Road at the November meeting. The resolution schedules a public hearing for the November meeting and directs the Town Clerk to advertise such for a period of four successive weeks.

Commissioner McElraft made a motion to approve the Resolution of Intent to close a portion of Reed Drive. Motion seconded by Commissioner Murphy.

Commissioner Farmer said she would like to make a comment. I do support the abandonment of Reed Drive Extension. We have three traffic studies that say it is useless to the Town because of the traffic problems it will create. I think before we abandon Reed Drive Extension, we need to direct the Planning Board to write a new ordinance that will give the town authority to locate streets and driveway entrances based on traffic and public safety concerns. A lot of towns already have that authority. I will not support abandoning Reed Drive Extension, or any other road, until that is done. Commissioner Trainham agreed with Commissioner Farmer.

Commissioner McElraft said the Planning Board was unanimously selected by the Board of Commissioners. The Planning Board made a majority decision that the road needs to be abandoned. This Board is very much concerned about safety, and so is the Planning Board. Commissioner McElraft said she appreciates the Planning Board’s decision on this issue.

Voting in favor of the motion were Commissioners McElraft, Murphy and Wootten. Voting against were Commissioners Farmer and Trainham. Motion passed 3-2.

Mr. Rush, as a matter of clarification, said we would advertise for a public hearing on this matter for the November meeting.

12. PUBLIC COMMENT

Mayor Harris said the public was welcome to make comments on town business only. If the public wanted to talk to some of the candidates here tonight, they could do so after the meeting was adjourned.

Dick Eckhardt, resident of 4304 Ocean Drive, wanted to comment on the meeting tonight. He said one of the commissioners asked someone in the back of the room to be quiet, but didn’t give that same degree of respect to a commissioner. It’s not only disrespectful, but the comment made during the meeting was beyond disrespect.

Paxon Holz said she would appreciate receiving a copy of Commissioner Farmer’s statement. Mayor Harris asked Commissioner Farmer to provide Mrs. Holz with a copy immediately.

Pete Cochran, resident of Coast Guard Road, said he had a major CAMA permit to build a pier on his property. The ordinance states a pier can extend 400’ and it should read 400’ (or) until you hit water. The permit he has exceeds the 400’ requirement. He would like for the Mayor and Commissioners to consider looking at the ordinance to that footage can be adjusted. Mr. Cochran says he needs 575’.

Gus Farmakidis, resident of Loblolly, says he had attended 132 meetings, and before, the public was not allowed to talk. He said the Mayor was a good parliamentarian and does a great job. The Mayor told Mr. Farmakidis he could not address any one person. He thought the idea of staggered terms needed to be mentioned again. He said the board had come a long way in a very short time.

Mr. Rush stated that the Carteret County Commissioners approved the room occupancy tax last night at their meeting. The new tax will go into effect on January, 2002. This tax includes some short-term beach nourishment money for the Town of Emerald Isle to the tune of approximately $540,000. It also sets aside money to provide a local match for any federal nourishment projects that may come along. Secondly, he requested the October 22^nd workshop be postponed. There is nothing pressing at this time.

There being no further business, Commissioner Wootten made a motion to adjourn, seconded by Commissioner Murphy, motion carried.

The meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Carolyn K. Custy
Town Clerk