MINUTES OF REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 13, 2001 – 7:00 P.M. – TOWN HALL Mayor Barbara Harris called the meeting to order at 7:00 P.M.

Present were Mayor Harris, Commissioners Wootten, Murphy, Farmer and Trainham. Also present were Town Attorney Derek Taylor, Assistant Town Manager Mitsy Overman, Town Clerk Carolyn Custy, Inspections Department Head Carol Angus, Public Works Director Robert Conrad, Fire Chief William Walker, Parks and Recreation Director Alesia Sanderson and Police Chief Mark Wilson.

Commissioner McElraft did not answer roll call but was due to arrive late for the meeting.

3. MAYOR’S COMMENTS:

Mayor Harris stated that Commissioner McElraft was on her way to the meeting and asked for a motion to excuse her until she arrived.

Commissioner Trainham made a motion to excuse Commissioner McElraft, seconded by Commissioner Murphy. Vote was unanimous, 4-0. Motion carried.

4. ADOPTION OF AGENDA

Commissioner Wootten suggested that the last item on the agenda “Closed Session” be deleted because the land acquisition is a briefing only and no decision is to be made. He feels that that briefing and information should be shared with the new board. The same basic comment applies to the 2^nd half of the Closed Session on Attorney-Client Privilege.

Commissioner Wootten made a motion to delete the Closed Session from the Agenda, seconded by Commissioner Murphy. The vote was unanimous, 4-0. Motion carried.

Commissioner Murphy made a motion on number 8 on the agenda “Discussion – Ordinance Amending Chapter 4 (Animals) Of The Emerald Isle Code of Ordinances to Allow the Permanent Stabling of Horses to be moved from number 8 to 13 (a), just before Public Comments. Commissioner Wootten seconded and the board voted unanimously, 4-0. Motion Carried.

Mayor Harris clarified that number 8 will be moved to 13 (a), just before Public Comments and number 17 “Closed Session” is deleted.

Commissioner Wootten made a motion that number 10 “Consideration of Order Abandoning a Portion of Reed Drive” to be moved right after number 13 “Consideration of Preliminary Plat for Reed Drive Commercial Park. Commissioner Murphy seconded and the board voted unanimously, 4-0. Motion carried.

Mayor Harris clarified that number 10 will come after 11,12 and 13.

There were no other changes made by the board.

5. MONTHLY REPORTS

INSPECTIONS: Carol Angus reported that $19,988.00 was collected in the month of October for fees. Added to the town were 11 new constructions for an estimated value of $2,500,000.00. Inspections had a big month for inspections.

FIRE DEPARTMENT: Chief Walker reported one fire call was received which was a kitchen fire in Point Emerald Villas. The Fire Department is in the process of starting a volunteer recruitment drive to try to get some more volunteers. Posters are going up around town. Pictures in the posters show that other things are done by the Fire Department in addition to fire fighting. The Fire Department will be happy to have anyone who wants to join. Applicants are to contact Chief Walker.

The National Weather Service and National Fire Service will be holding a weather spotter class in the Emerald Isle Town Hall next Tuesday night at 7:00 P.M. and is open to anyone. The National Weather Service is presenting it.

The public education personnel have been doing a lot of work in the schools with puppet shows. Cape Carteret is getting into the schools with the children so Emerald Isle is trying to revamp its program to cover Homeowners Associations, etc.

Chief Walker noted that the North Carolina Department of Labor, OSHA Division, has contacted him and asked him to be a spokesperson for an Ad Campaign person in one of their Ad Campaigns.

The State of North Carolina Forest Service , Fire Chief Associations, and Rescue Association are having a drive that is starting November 23, 2001, for a fund raiser for the Jaycees Burn Center in Chapel Hill.

PARKS & RECREATION: Ms. Sanderson reported that October 25th the Reforestation Committee held their plant planting at the test site at the Western Regional Ocean Access. There was a great turnout, a lot of donated materials from area vendors and individuals. The Committee continues to water every other day and the plantings are looking very good at this point.

On October 26^th the annual Halloween carnival was held where over 300 attended, which is the largest one ever to date. Ms. Sanderson thanked the Fire Department and Police Department for helping out.

The irrigation project on Highway 58 will be complete as of this coming Friday, November 16. The sprinklers on the North side of the highway are working. They are not programmed yet but Phase I will be complete of this Friday. Planting of Rye grass in the trenched area will be performed.

Parks and Recreation Building is a drop off point for the Marine Corps Toys for Tots drive.

POLICE DEPARTMENT: Chief Wilson reported the Police Department answered 366 calls. Year to date 5,428 calls have been answered. 108 traffic traffic stops, and 16 citations issued. He commented on the 911 hang-up calls the Police Department receives. When 911 is called, the name and address pops up on the computer, one lady who fell and was injured could not get to the phone to talk but she did get to dial 911 and help was given.

Chief Wilson also commented that last month, he did not know if it was because the Beach Permits increased to $80.00 last year, the Police Department was getting a lot of complaints regarding people driving on the beach without permits. Chief Wilson leaves it up to the officer as to whether a citation is to be issued or not or write a warning ticket. Chief Wilson has tightened down as far as people riding on the beach. He is going to see that the ordinance is enforced.

A check was received last month for $61.00 from the drug investigations.

PUBLIC WORKS: Mr. Conrad said that this is the time of year when renovations, preventative maintenance, repairs are increased. The flags are now in place in town and Christmas decorations will be put into place very soon. The Town Manager and Mr. Conrad are going to work out something where the flags will stay in place.

After the monthly reports were given, Chief Walker, Alesia Sanderson and Robert Conrad were excused.

6. CONSENT AGENDA

Approval of Minutes of Regular Meeting – October 9, 2001
Tax Refunds/Releases
Resolution Declaring Surplus Items for Sale
Resolution Requesting the State of NC to Release Region P Economic Development Funds to Eastern Carolina Council of Governments.

Commissioner Wootten made a motion to approve the Consent Agenda, items 6 (a), (b), (c) and (d)., seconded by Commissioner Trainham and the board voted unanimously, 4-0. Motion carried.

7. REQUEST TO REZONE A PORTION OF ISLAND HARBOR MOBILE HOME PARK FROM B-3 TO MOBILE HOME (MH)

The applicant has requested that the portion of Island Harbor Mobile Home Park that is directly south of the existing marina be rezoned from B-3 to MH to allow the placement of additional mobile homes on a currently vacant area of the property. B-3 and MH zoning already split the parcel, and the proposed rezoning would simply adjust the boundary between the zones. The existing zoning to the east and south if this portion is zoned MH. A small contiguous boundary to the west is zoned RMH, and the area to the north is and would remain B-3.

a. Public Hearing

Commissioner Trainham made a motion to open the Public Hearing, seconded by Commissioner Murphy and the board voted unanimously, 4-0. Motion carried.

Mr. Bill Reist 8520 WoodCliffe Drive commented he has been to Town Hall and talked to Mrs. Angus in the Inspections Department regarding his concerns. He has no problem with the rezoning. It has no interest to him and he does not take a stand either way. There is one issue Mr. Reist felt should be addressed and that is the road that goes down to the Marina. When he attended a Board of Adjustment meeting approximately 3 or 4 years ,there was a small building on one side and someone wanted to put in a fast food place. At that meeting, as he recalls, it was determined that they could not do it but also the road that went to the Marina, down to the water, actually was town road. He has discussed this with Mrs. Angus a number times after that trying to get an assessment as to whether or not it was a town road or not or whether it was the property owners road. Mrs. Angus said it was determined that it was the property owners road, but the piece of paper she led him to, which was a board meeting, said the road was closed. There are so many properties that seem to be in limbo. There should be some legal determination, a title search or something that goes beyond just someone saying the road was closed. Mr. Reist suggested that a legal determination by made to establish once and for all who in fact owns the road.

Commissioner Wootten asked if there is a problem with the road. Mr. Reist said he does not have a problem with it. All he is saying in the future if there are any challenges or any questions that it would have been researched by the Town Attorney to determine exactly who owns the road. Mr. Reist has tried to determine that on a number of occasions and it has always been very ambiguous.

Commissioner Farmer made a motion to close the Public Hearing, seconded by Commissioner Murphy and the board vote was unanimous, 4-0. Motion carried.

Mr. Rush addressed the issue just raised in the Public Hearing. It is his understanding that it is reflected in the official minutes of the Town that that road has in fact been closed in 1973.

Commissioner Wootten said it has an archway that you have to go through and it says “Private Property”.

Commissioner Farmer remembered a discussion about 3 years ago at a Town Board meeting about some hot dog stand or something and the point of the Commissioners at that time was that the Town did own that road. She said it would be nice to know what the boundaries were on the property that this Board is actually rezoning. She asked if the Town Attorney could look into this. The question still remains “who owns the road”? If the property owner has documentation showing they own it that is fine but if not it should be looked at by the Attorney.

Town Attorney Derek Taylor commented there is a statutory procedure for withdrawing the road. He has no idea without researching minutes if that has been done. There is also a procedure that the private property owner can take to withdraw the property and put it on the Register of Deeds Office. He does not know if this has been done. He does not know if it was publicly dedicated by a plat or even if the Town has ever accepted it. There a hundred questions to be asked and he does not have any answers tonight.

Mrs. Georgia Ricks Murray came forward to say that what is being discussed regarding 3 or 4 years ago was not denied due to a Town street, it was denied because the property was zoned mobile home. Mr. John McLean, who does the

Powell Bill Map for the Town of Emerald Isle, has told her that he made a mistake putting that road on the map. When the Ferry was going back and forth from Cape Carteret to Emerald Isle, the land belonged to Mr. George Spell and Mr. McLean. When the bridge was built, the ferry was not needed anymore, DOT at that point tried to give the road to the town. The property then went back to the owner.

Mrs. Murray said the road never belonged to DOT and it never belonged to the town. It belonged to the property owners.

Mrs. Angus commented that on some of the handouts from the Town Board Minutes of May 1973, it is recorded in Book 352, Page 103 in the Carteret County Register of Deeds Office.

Mr. Rush commented that one other indication, and it certainly is not fool-proof, is that on the GIS System and tax parcel information obtained by the County, that area does not show as a public right-of-way on those tax maps where public right-of-ways are typically shown. This is not fool-proof and is not the level of research that Mr. Taylor would be involved in but another indication that is was in fact given back to the property owner.

Commissioner Farmer said, the information says Public Hearing concerned closing the abandoned portion of Old Ferry Road. Another concern of Commissioner Farmer is if it wasn’t the town’s road, why was there a motion made on it back in 1973?

Attorney Taylor asked if Mrs. Angus had the document that was recorded back in 1973? She said “no”.

b. Consideration of Rezoning Request

Commissioner Murphy made a motion to approve the rezoning of a portion of the Island Harbor Mobile Home Park from B-3 to Mobile Home as indicated on the tax map. Commissioner Wootten seconded the motion.

Commissioner Wootten commented said he can’t get the significance of the status of the road in terms of the rezoning request. The Board is rezoning a piece of property and not a road. Discussion is about the use of the property within the road and who owns the road and what the maintenance of the road is not directly germane to the issue. He is having a difficult time understanding.

Commissioner Farmer said that’s why if the property owner owns the road, that is part of the property and they can put the road wherever they want. It really is part of the rezoning. She asked Attorney Taylor how long it would take to investigate this issue. She does not want to hold the owners up but she feels it should be researched.

Attorney Taylor asked if she was interested in calling a Special Meeting for this particular process or was she talking about the next meeting. It could be done by the December meeting.

Commissioner Murphy commented there is a motion on the floor and a second. He called for a vote.

Mayor Harris called for a vote. Voting for the motion was Commissioner Murphy and Commissioner Wootten. Voting against the motion was Commissioner Farmer and Commissioner Trainham.

Commissioner Farmer said she would like to see this researched. Commissioner Trainham said he would also like to see it researched and tabled until the next meeting.

Mayor Harris said she already has a motion, a second and a vote of 2-2. She asked Mrs. Ceil Saunders, Chairman of the Planning Board if the Planning Board was satisfied that this should go forward. Mrs. Saunders answered, “Yes, we were”. This problem was discussed and Mrs. Murray came up with information to the satisfaction of the Planning Board that they did own the property with it being recorded and everything. The vote of the Planning Board was unanimous.

Mayor Harris voted “yes”.

Commissioner Farmer asked if the Town Attorney could research this issue? Mr. Taylor indicated if it is the Board’s desire to have him look into it, he would proceed.

BOND REFERENDUM ACTIONS – PROPOSED BEACH NOURISHMENT PROJECT

The Board will consider the official bond order and a resolution associated with the proposed beach nourishment bond referendum. These actions authorize the referendum, set the maximum amount of bonds at $17 million, finalize the language for the ballot question, and set March 5 as the date of the referendum. A public hearing is required and has been scheduled. The Board may act on the bond order and the resolution after the public hearing. These are the final Board actions necessary to schedule the referendum.

Public Hearing

Commissioner Farmer made a motion to open the public hearing, seconded by Commissioner Murphy and the Board voted unanimously, 4-0. Motion carried.

Mr. Harry Wigmore, resident, asked “When you say referendum do you mean a vote on this? We will get a chance to vote if we want to put this bond up or not”? Mayor Harris clarified that the voters would vote on the bond.

Commissioner Wootten noted that this is one of the processes we have to go through in order to go to a referendum in March 2002. Mr. Rush expanded on this further. He said this is the last thing the Board has to do. We will be publishing the appropriate notices in the meantime, inform people where they can register to vote, etc. This document is required to have a referendum.

Consideration of Bond Order for $17 Million for Proposed Beach

Nourishment Project

Commissioner Trainham made a motion calling for the adoption of $17,000,000 Beach Improvement Bond Order. Commissioner Wootten seconded and the Board voted unanimously with a vote of 4-0. Motion carried.

Resolution Calling for Beach Nourishment Bond Referendum

Commissioner Murphy made a motion to adopt the resolution calling for a bond referendum. Commissioner Wootten seconded and the board voted unanimously, 4-0.

ORDINANCE AMENDING CHAPTER 18 (Subdivisions) OF THE EMERALD ISLE CODE OF ORDINANCES REGARDING PRIVATE STREETS AND OTHER TRAFFIC ISSUES

The ordinance would amend the subdivison ordinance to specifically authorize private streets in new subdivisions. The ordinance would also insure that the location of new subdivision streets minimizes traffic congestion and the risk to public safety, and would clarify the purposes of the subdivision ordinance. A public hearing has been scheduled. Following the public hearing, the board may consider the approval of the ordinance amendment.

Public Hearing

Commissioner Trainham made a motion to open the public hearing, seconded by Commissioner Murphy. The board voted unanimously with a vote of 4-0.

Mr. Larry Spell, developer of Cape Emerald Subdivision that is a private subdivision asked for clarification under 3 (b) It states “for any plat submitted incorporating private roadways, streets, easements, and other rights-of-way - - -“

Mr. Spell asked if the other rights-of-way would refer to walkways to either the ocean or sound, depending upon where the subdivision was located? Mr. Rush indicated that it does include walkways and could include something else as well. Mr. Rush said this ordinance simply provides reasonable assurance for the board for new subdivisions that include private infrastructure, that they are going to be maintained.

Mr. Spell asked, “If there is a private subdivision and within that area a normal walkway would fall, you still have to take it to a public street and not just a private

street within the subdivision that you create?” Mayor Harris answered “yes”.

Mrs. Doje Marks, 134 Sandcastle Drive, said she strongly opposes the inclusion of wording which would permit private streets in commercial subdivisions. The argument has been made that it will save taxpayer dollars. However, once the roads are constructed, the maintenance of the road surfaces would be paid for by North Carolina’s Powell Bill funds. These are state funds that are allocated to improve and maintain existing roads. Powell Bill funds presently pay for the repaving of streets in Emerald Isle. The biggest downside to private roads is in terms of public health and safety. Mrs. Marks continued that Police Chief Wilson has said that DWI and careless and reckless driving violations are the only violations that can be enforced in non-gated subdivisions with private roads. Speeding tickets cannot be issued on a private street and stop sign violators cannot be cited for stop sign violations within the private subdivision. The Police Department can enforce “DO NOT ENTER” and “NO LEFT TURN” violations provided the signs are located on public right-of-way. Mrs. Marks said she believes that “NO PARKING IN A FIRE LANE” can be enforced.

Mr. Phil Almedia, Barracuda Drive, reported that there are about 20 locations within the town that have private roads except for one. The one near Food Lion was approved and then about 4 or 5 years later, an access was provided to the shopping center. The point he would like to make is most of the comparable towns in this area require a 50-foot right-of-way in commercial subdivisions and many do not allow private roads in commercial subdivisions. If you look at the town standards you can only accommodate the paved areas, shoulders and the roadside ditch as specified in the ordinance in using a 40-foot right-of-way. The right-of-way needs to be wider to accommodate all that is required by the town standards. This amendment would compound the problem that already exists. If in the wisdom of the board, they feel that this amendment is necessary, he suggested that a sunset provision be added so that the amendment expires in a month.

Consideration of Ordinance

Commissioner Murphy made a motion to close the public hearing, seconded by Commissioner Wootten. The board voted unanimously, 4-0. Motion carried.

Commissioner Wootten made a motion to approve the Ordinance Amending Chapter 19 (subdivisions) of the Emerald Isle Code of Ordinances Regarding Private Streets and Other Traffic Issues. Commissioner Murphy seconded the motion.

Commissioner Wootten reviewed the situation. Chapter 17 is not being discussed but it lays out all of the specifications for private roads in town. To the best of Commissioner Wootten’s knowledge the only difference in the specifications charts between the private and public roads is the right-of-way, not the surface that is paved, the right-of-way. In a public road it is 50 feet. In a private road it is 40 feet with two 5-foot easements on the side. This has been in existence for as long as the ordinance has been in existence. What the board discovered, a couple of months ago, was even though the specifications, the intent of around the roads was never brought over into Chapter 18 and Chapter 19. This is considered an oversight of this board because it was done for other developments. It was not done in commercial and this is viewed as an oversight. Mr. Wootten does not see this as a big issue in terms of relating to the development of the property on Coast Guard Road other than the builder will bear the expense of building and maintaining the road. We do get State money to maintain public roads but we won’t have to spend that money to maintain private roads. The upfront expense is the big part. Mr. Wootten said he would favor amending Chapter 18 and Chapter 19.

Commissioner Trainham commented he differentiates between a private road in a residential development from a public road in a commercial zone. He does not see that differentiation in what is being proposed. He raised the question of not being in favor of private roads into any kind of a commercial development because of the very reasons that were stated tonight. He asked if these two could be separated?

Commissioner Farmer agreed with Commissioner Trainham, but she does not agree with Commissioner Wootten. She supports private roads in residential subdivisions, gated subdivisions. Obviously there is an error in the code book. We have allowed those in residential areas and we need to fix that error. She does not see their being excluded from commercial areas an error. She sees it as good judgment. She does not think there is enough police patrol in a commercial area. She feels there is a lot more pedestrian traffic. A narrow right-of-way reduces visibility for those pedestrians as they are crossing to go from a parking lot across the main road into the stores. She thinks the less pervious area you have from narrower right-of-ways, the more storm water you are likely to have. Commissioner Farmer said she feels that private streets in commercial areas are contrary to the meaning of protecting the safety, health and welfare of the public.

Mayor Harris said a motion is on the floor and she called for a vote.

Commissioner Wootten and Commissioner Murphy voted for approval of the Amendment to Chapter 18 (Subdivisions) of the Emerald Isle Code of Ordinance regarding Private Streets and Other Traffic Issues and Commissioner Farmer and Commissioner Trainham voted against approval.

Mayor Harris voted yes.

ORDINANCE AMENDMENDING CHAPTER 19 (Zoning) OF THE EMERALD ISLE CODE OF ORDINANCES GOVERNING STREET ACCESS

This ordinance would amend the zoning ordinance to maintain consistency with the subdivision ordinance.

Public Hearing

Commissioner Murphy made a motion to open the public hearing, seconded by Commissioner Wootten. The board’s vote was unanimously 4-0.

No public comment came forth.

Commissioner Murphy made a motion to close the public hearing, seconded by Commissioner Farmer and the board voted unanimously, 4-0.

Consideration of Ordinance

Commissioner Murphy made a motion to approve the Ordinance Amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinances Governing Street Access, seconded by Commissioner Wootten.

Commissioner Farmer said “ditto” to her comments on Agenda Item #11, the public hearing before this one.

Commissioner Wootten added an additional comment. The town is not unique in having private roads. There is a list that lays out the specifications of Emerald Isle Vs. other localities around here. He asked it be remembered when this went to the Planning Board was to fix a problem of what was perceived to be an oversight of previous boards for not including it in Chapter 18 and 19. The Planning Board came back to the present board with these amendments.

Mayor Harris called for a vote. Voting for the approval was Commissioner Murphy and Commissioner Wootten. Voting against the approval was Commissioner Farmer and Commissioner Trainham. Mayor Harris voted yes.

CONSIDERATION OF PRELIMINARY PLAT FOR REED DRIVE COMMERCIAL PARK

This item is consideration of the preliminary plat for the proposed Reed Drive commercial Park subdivision. The plat involves the subdivison of a 7+ acre tract at the intersection of Coast Guard Road and NC 58 into 2 smaller tracts that would be accessed by a new private loop road. This preliminary plat appears be in compliance with the subdivision ordinance with the passing of the two previous amendments tonight.

Commissioner Wootten asked for comments from the public to be heard, if possible.

Mayor Harris called for public comment.

Mr. Harry Wigmore, resident, 105 Purdie Street, said he has been on the island since 1957. Mrs. Holz and her group have owned property here since the beginning but one thing worries him is where is that street access going to be. It is going to be Reed Drive or it is going to be around the corner? Mr. Wigmore feels it will cause an awful traffic problem if it is not put around opposite Pebble Beach. Mrs. Holz owns the property, she has the right to do what she wants with it as long as she abides by the environmental things and she has assured Mr. Wigmore that she would do that. The main thing if Mrs. Holz will put the street around and the road is abandoned and he thinks that exchanging Reed Road to her to use, that she would make a deal with the town to put the street where it would be proper. That is all he is asking.

Mayor Harris said the private loop road would run from Reed Drive intersection through the property to the Pebble Beach intersection.

Mr. Phil Almedia, Barracuda Court, expressed his concerns regarding potential flooding. This parcel sits in a bowl that water does not run off. He related to a pond being filled about 5 years ago. No meeting for storm water check has been done on this parcel. That being the case, the question is raised of “what should be done about it?” When the State issued the permit to fill the pond 5 years ago, one of the conditions was that a storm water management plan be done before the parcel is developed. Mr. Almedia said to his knowledge, none has been submitted so far. Instead, claims have been made that this site is not being developed. He disagrees with the interpretation. He mentioned that a storm water plan should be in place before the property is developed. If it is not and a catch basin is required later, who will bear the cost of it. He asked that the board consider the implications for the future.

Mayor Harris asked Mrs. Saunders if the majority of the Planning Board agreed? Mrs. Saunders’ answer was yes.

Mark Brennesholtz, 9322 Ocean Drive, came forward. There have been many discussions on the development of this area and his recollection is that a loop road at Reed Drive coming out at Pebble Beach was one of the original suggestions by the developer and it has been rejected a number of times, both by the previous board and this board. As someone who travels that area several times a day, down Coast Guard Road and past that area, he feels there is going to be a very serious problem and no matter how you just do right turns in at Reed Drive and right turns out of Reed Drive Extension, there is going to be a lot of extra traffic congestion in that area. He strongly suggested, since ultimately that property is going to be developed one way or another, a single entrance at Pebble Beach either with 4- WAY STOP signs or with a traffic light would be highly preferable to having a loop road. With one way entrances and exits, at some point there are going to be people trying to come out and they discover they cannot turn left, or they are not supposed to turn left, and they try it, there are going to be dividers in the middle of the road. He feels this is going to be a design nightmare if that intersection at Reed Drive continues all the way across.

Commissioner Wootten said the decision that came in front of the board, even the previous board, was the developer wanted to use Reed Drive and develop on both sides of that street. This board tabled it because we all knew that was not the solution.

Mr. Brennesholtz made a point that the proposals on this have always been rejected for some reason or another. Commissioner Wootten said the only tabling has been the use of the public road because the board and planning board have been struggling to find an alternative to that.

Mr. Brennesholtz asked if this plan is different from the ones in the past, because there is development only on one side of the road and not permitted insode the loop? Commissioner Wootten said when the developers came in, the planning board rejected it and then it came to the town board who tabled it, was to allow her to use Reed Drive as it is today for entrance to three lots on the north side of that road. This is the only action that has been taken.

Mr. Brennesholtz asked if this current proposal with a loop road were approved it would not limit her ability to develop both sides of that property. Commissioner Wootten said no, he is just trying to address things that have happened previously.

Mrs. Doje Marks of Sandcastle Drive said she has been before the board and on the planning board before on this situation. It will be a nightmare in terms of public health and safety. She thinks one of the factors that has not been considered is that during the summer when traffic is backed up on Emerald Drive, people use Reed Drive as an alternative to get down Coast Guard Road and if you allow a right turn out on that piece of road, then people coming out of Reed Drive trying to get down Coast Guard Road, everybody will merge coming right out of that subdivision. She could live with a right turn into that subdivision for people coming off of Emerald Drive, but, she pleaded, don’t make a right turn out of there. The congestion at that intersection at this time is bad and it is not going to get anything but worse. Consideration has to be given to the 2,000 + people who live down Coast Guard Road. This is the only entrance and exit that is available in that area.

Commissioner Wootten agreed with the idea of eliminating the right turn out on Reed Drive.

Mrs. Marks was concerned in areas regarding accidents, fire, EMS needs in that area because everyone is land-locked there. Residents are trapped down there.

Commissioner Wootten made a motion to approve the plat contingent or subject the elimination of the “right turn out” feature of the plan from Reed Drive. The only way Reed Drive would be used would be for entrance into the property from Coast Guard Road. “Right Turn In Only”. Commissioner Murphy seconded the motion.

Commissioner Trainham, said he has for a long time been saying the best solution for this whole thing is an “In” and an “Out” at Pebble Beach intersection. The current road that the board is talking about is too close to Highway 58 and he does not see it being moved down around the corner until you get to Pebble Beach. He cannot understand why it is the board is still fooling around with the extension, the paper road, where the Pebble Beach entry and exit would certainly satisfy the need for getting access into that property.

Commissioner Farmer agreed with Commissioner Trainham. She felt it is unfortunate that they are not using Pebble Beach as the “In” and “Out” access for this parcel. She agrees that Reed Drive Extension is too close to Highway 58 which was DOT’s conclusion. She had some other concerns. The Corps of Engineers had agreed in July to modify the developer’s permit to fill 404 wetlands in the road. In that permit, it states the developer is required to have a 401 water quality certification from the State. She asked if that certification was rendered? Commissioner Farmer went on to say that on the original certification it states “written approval from DVM, which is now Division of Water Quality, for stormwater management as required for this development.” She asked if that written approval has also been obtained? Attorney Stanley had a copy.

Attorney Richard Stanley said they have been at this about one year and it has gone from what was a public street during 1973, which under normal circumstances could have been developed or blocked off, and it has gone from a 7-acre tract with the possibility of numerous lots to two lots. She has given quite a bit, all in the interest of the Town of Emerald Isle. He asked that the board approve it. It is in everyone’s best interest and is the only way Mrs. Holz could make a use of the land and she is entitled to do that.

Commissioner Wootten said there are two issues, one is the stormwater and one is the use of the road and what this loop road is going to look like. He reviewed the history beginning with two years ago. The Department of Transportation came in and before there was any development plans at all, said don’t use the Reed Drive paper route as the entrance into the shopping center. The report says to the town, consider trading off Reed Drive for an entrance farther on down. Get the entrance as far away from Highway 58 as you can. The town then commissioned two studies, paying good money to Benchmark and Kimley Horn, traffic analysis experts.

Commissioner Wootten’s recent conversations with DOT and our Town Manager agreed that the flow of traffic into this shopping center on Reed Drive, right across from the Texaco, with a short turning lane right there, get the traffic in, is the best way to go. It makes sense. Commissioner Wootten said he wants to get the traffic into the shopping center as quickly as possible and let the congestion become the developer’s problem. There is one entrance in, one at Reed Drive and exit at Pebble Beach. The Department of Transportation has also agreed to look at changing the timing on the light at Highway 58.

Commissioner Wootten said the other issue is storm water. Some have said this is going to create all kinds of havoc with storm water. That could be resolved within the Town Ordinance for development because as individual lots are developed or buildings are developed, the developer has to come back to the Planning Board and comply with our Town Ordinance for Storm Water Plans. Right now that is basically containing one and one-half inch of water on the property so that it will not flow. The idea of forming a road he does not see as a serious problem to storm water management at this time.

Commissioner Wootten made a motion to approve the Preliminary Plat for Reed Drive Commercial Park, seconded by Commissioner Murphy. Commissioner Wootten and Murphy voted for, Commissioner Trainham and Farmer voted against. The Mayor voted yes.

ABANDONMENT OF A PORTION OF REED DRIVE

An order would abandon the portion of the existing, unimproved Reed Drive right-of-way that is located west of Coast Guard Road. The Board may close this ROW if it determines that (1) the closing of this ROW is not contrary to the public interest, and (2) that no individual owning property in the vicinity would be deprived of reasonable ingress and egress to his/her property.

Public Hearing

Commissioner Wootten made a motion to open the public hearing, seconded by Commissioner Murphy and the Board voted unanimously, 4-0. Motion carried.

No public comments were forthcoming.

Commissioner Farmer made a motion to close the public hearing, seconded by Commissioner Murphy. The board voted unanimously, 4-0. Motion carried.

b. Consideration of Order Abandoning a Portion of Reed Drive

Commissioner Wootten made a motion to approve an order abandoning a portion of Reed Drive, the abandonment of this portion of Reed Drive is not contrary to public interest and would not deprive any nearby property owner of ingress and egress from his/her property, seconded by Commissioner Murphy.

Commissioner Farmer said she feels this piece of road is worthless to the town but because of traffic problems, she is going to vote against it.

Commissioner Wootten said Commissioner Farmer is right. This is an interical piece of the whole solution of the problem. He would like to say for those who keep track of trade-offs, this is what the town is doing – trading off a public road to the developer, 1.02 acres of Reed Drive for .99 acres of private road on the other side of the property.

Commissioners Wootten and Murphy voted for, Commissioners Trainham and Farmer voted against. The Mayor voted yes.

Commissioner Murphy asked for a break at 8:35. A 10-minute break was approved.

The meeting resumed at 8:45 P.M.

DISCUSSION – ORDINANCE AMENDING CHAPTER 4 (ANIMALS) OF THE EMERALD ISLE CODE OF ORDINANCES TO ALLOW THE PERMANENT STABLING OF HORSES

Mr. Pete Cochran had requested that a referendum be held on the issue of stabling of horses in Emerald Isle. An ordinance, in Chapter 4 of the Emerald Isle Codification prohibits such activity. The referendum was held in an advisory referendum only and simply posed the question of whether or not the Town Board should amend the Code of Ordinances to allow the permanent stabling of horses. The referendum vote was 811 (62%) to 497 (38%).

Because of the vote submitted by the registered voters of Emerald Isle the below listed Ordinance Amendment has been prepared for the Board of Commissioners consideration. A note should be made that because the referendum was advisory only, the Board does have the legal latitude to adjust conditions associated with the permanent stabling of horses if they should so desire or to do nothing at all. A copy of the Ordinance Amending Chapter 4 is attached at the end of these minutes.

Commissioner Murphy made a motion to adopt the Amendment to Chapter 4 (Animals) allowing stabling of two horses in the Town of Emerald Isle subject to the conditions set forth in Ordinance 01-11-13-01, seconded by Commissioner Wootten.

Commissioner Farmer said she has a number of issues that she would like the Planning Board to look at. She would be willing to hold any special meetings that need to be held in order to get this to the December Board meeting under Old Business.

She feels a problem in the old ordinance, Section 4.4, says “Every stable and place where cattle, horses or other animals may be kept - - -”, she would like to make it clear that she would prefer we not have cows in town. She asked that that language be changed to “Every stable and horses or other animals - - - -“. In Section 4-23, the town has the Pooper Scooper Ordinance for people to clean up after their dogs. She knows that Mr. Cochran, at one time, talked about diapering horses. She would like this to be considered or require the people to clean up the beach. She was also concerned about the 5 acres of land. The Board knows that Mr. Cochran’s property is fine but there are probably some other properties in town, some that are probably not even known about at this point. Those 5 acres under this ordinance could be wetlands and she would like for that to read “5 upland acres”. It is also said “immediately adjacent property owners”, which should be immediately surrounding property owners so that people who might also be impacted across the street could comment. There is a slight change from the language that was in the Referendum on this new ordinance in terms of picking up the waste so that it had to be removed daily. This says it has to be moved monthly. Commissioner Farmer said she is concerned again about odors. There is nothing in the ordinance in fact that deals with odors as a nuisance on other property owners. She feels this should be included. This Ordinance has been written for Mr. Cochran and his property but it should be remembered there are others that may or may not be as considerate of their neighbors as Mr. Cochran is being. There is nothing in the new ordinance that gives the Town the authority to revoke the Permit for non-compliance and she asked for a new section for this. Bottom line is that she would like to take this to the Planning Board and have them turn it around as quickly as possible so it can be acted on in December.

Note is made that Commissioner McElraft arrived at the meeting at 8:45 P.M.

Mayor Harris asked Commissioner Farmer to read the proposed Ordinance Amendment 4.6 (b) that is attached to the end of these minutes.

Commissioner Farmer made a motion to bring Commissioner McElraft into the meeting, seconded by Commissioner Murphy and the board voted unanimously, 4-0. Motion carried.

Mr. Rush clarified that the proposed ordinance was written in near conformance with the question that was on the ballot for the voters. The issue of temporarly storing the waste in a designated compost pile and removing that temporary compost pile monthly was inserted to trigger a discussion from the Board to determine what to do with this waste after it is collected daily. This was a concern raised by a few people prior to the actual election. Mr. Rush wanted to trigger a discussion as to whether it should be collected from the compost pile daily, monthly, weekly or whatever. It certainly can be adjusted according to the Board’s wishes. One other thing that was changed from the language that was included in the ballot question is the statement that requires the owner of the horses also to be the owner of the private property. That was not clear in the questions that were presented. After talking to the Town Attorney, it was decided to insert that. Again, this is a discussion point for the Board.

The section that talks about permits for parades, etc., is in the ordinance now and was just carried over.

Commissioner Murphy asked if Mr. Rush’s recommendations were in addition to what was there now and Mr. Rush said they are incorporated into what is there now.

Mr. Rush asked for direction from the Board on a definition of immediate adjacent property owners and whether or not that would apply to properties that are located across the street or across some other public right-of-way.

Mayor Harris said her opinion is that “adjoining is adjoining”. It meets. Commissioner McElraft said with a town right-of-way 30 feet on both sides she does not see a problem. It needs to be adjacent which is adjoining property owner.

Mr. Rush said he would prefer there be more specific language to that effect included in this Ordinance if and when it is approved.

Commissioner Wootten offered “ written approval from all adjacent property owners with common property lines” as a possible language.

Attorney Taylor said it would be good for Mrs. Angus to have a clear idea of what the Boards intention is. The common property lines make it relatively clear for the purposes of Ordinances. You want to make it as clear as possible so that the public knows what it is that you are trying to accomplish. He suggested that it be made very clear by saying “ For purposes of determining common property lines, properties separated by rights-of ways or bodies of water will not be included.”

Attorney Taylor also said the motion that is currently on the floor needs to be amended if this is going to be done because what is on the floor is that it be approved as written.

Commissioner Wootten said his intent was, when he approved it for Referendum, Mr. Cochran would have to get the approval of anyone who lived on the north side of Coast Guard Road.

Commissioner McElraft’s opinion was that it needed to be anyone who shared property lines with Mr. Cochran. If there were a property located behind him, it would be an adjacent- adjoining common property line sharer. For anyone across the street

It would be hard to establish which neighbor was across the street. You could have a whole line of neighbors possibly. She feels it should be said “anyone who has adjoining property line, common property line.”

Mrs. Angus said for 19 years she has been doing it as adjacent. Parked right beside it. Commissioner McElraft asked that this comment be included in the Minutes.

Commissioner Farmer asked to go back through it more slowly. She is concerned about a minimum of 5 acres of land. Five acres of dry land for two horses is more than adequate. A parcel of 5 acres where 4 of those 5 acres is wetlands is not. She feels the Board should be clarifying, in case someone does apply for a permit and who does have a large lot like that, that we are meaning dry land.

Commissioner McElraft said the area designated for horses does not include wetlands. Commissioner Farmer said it is not stipulated how much land must be designated for horses. There could be 5 acres of dry land where your house is and maybe a postage stamp area for horses.

Mayor Harris called for a vote. Commissioner Farmer said she would like to continue her discussion as there are other points she would like to bring up. When this was language drawn up to go to Referendum, it was agreed that this was not going to be the final language and in fact it would be open for discussion.

Commissioner McElraft said she does not feel a veterinarian who is going to be caring for this animal would allow, or the SPCA allow an animal, two horses to be on a postage stamp area of land. Those horses will be stabled properly and they will not be stabled in wetland.

Commissioner Farmer continued, “The Town Manager also asked the Board for clarification of how frequently the compost pile needs to be removed. Commissioner Murphy said he has no problem with what is already there. Commissioner Farmer indicated her concern with leaving it there is again for the wetlands and it may be leaving it open for odor.

Commissioner McElraft asked the Board approve this with a caveat that the new Board could go back and decide it needed to be removed weekly or whatever if that odor became a problem.

Commissioner Wootten said the statement “The Town of Emerald Isle reserves the right to impose additional conditions on these permits, if deemed necessary, to protect public health, safety, and welfare” leaves it open.

Commissioner Farmer brought one up final thing. “We are asking people on the beach to scoop up pet waste but we apparently are not going to be asking that of people who ride on the beach. Commissioner Murphy asked, “What do you mean by we? I made someone pick up a pile of it the other day.” Commissioner Farmer apologized and changed her statement to “The Town of Emerald Isle is telling people that we have an ordinance that requires pet owners to pick up their waste on the beach but we have no such ordinance for horses.”

Commissioner McElraft suggested going back and address that issue with that ordinance later.

Mayor Harris called for a vote.

Voting in favor of the motion were Commissioners Murphy, Wootten, McElraft and Farmer. Voting against was Commissioner Trainham. Motion carried.

Mr. Rush asked for clarification purposes, if it that included the suggested amendment concerning common property lines? The answer was no.

Mr. Rush said the Annexation Statutes in North Carolina state that immediately adjacent property would exist on the other side of a road or a creek and that was the reason for seeking clarification.

PUBLIC COMMENTS

None.

COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, TOWN MANAGER

Ceil Saunders, Planning Board Chairman, has openings. She commented lots of applications were needed.

Town Clerk Carolyn Custy, nor Town Attorney Derek Taylor commented.

Mr. Rush informed the public the Town’s program for picking up white goods requires anyone who has white goods to come to town hall and secure a sticker at an associated $10.00 fee at which time the Town’s contractor will pick those things up on the second Friday of each month. It has to be scheduled by calling town hall.

Mr. Rush also commented on the Fiscal Year 2000 Audit Report. He announced that no problems are indicated in that report. The Town is in good financial shape and the full report will be coming from the Auditor at the December meeting.

The CSE Report on the erosion at the Point will be presented at the December meeting also.

COMMENTS FROM TOWN BOARD AND MAYOR

Commissioner McElraft apologized to the citizens for being late. She thanked everyone who came out to vote and all present at this meeting who are still interested in town government. She thanked everyone who voted for the horses.

There were no comments from Commissioner Murphy, Commissioner Farmer, and Commissioner Wootten.

Commissioner Trainham thanked to the people who voted for him. He is most grateful that they did not make it. He did thank them for having come out in large numbers. He thinks it is a marvelous thing for the town. He has seen this thing happening over the years where we have a larger proportion of people who are actually going out and voting and he thinks it is great.

Mayor Harris had no comments.

CLOSED SESSION

Land Acquisition, pursuant to NCGS 143-318.11 (a) (5)

Attorney-Client Privilege, pursuant to NCGS 143-318.11 (a) (3)

DELETED FROM AGENDA.

ADJOURN

Commissioner McElraft made a motion to adjourn, seconded by Commissioner Murphy and the Board voted unanimously with a vote of 5-0. Motion carried.

The meeting was adjourned at 9:10 P.M.

Respectfully submitted,

Carolyn K. Custy
Town Clerk