MINUTES OF THE REGULAR MEETING OF THE
EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, DECEMBER 11, 2001 – TOWN HALL – 7:00 P.M.

The meeting was called to order by Mayor Barbara Harris.  Present were Mayor Harris , Commissioners Wootten, Trainham, Murphy, McElraft and Farmer.  Also present were Town Manager Frank Rush, Assistant Town Manager Georgia Overman, Town Attorney Derek Taylor, Town Clerk Carolyn Custy, William Walker Fire Chief, Robert Conrad Public Works Director, Alesia Sanderson Parks and Recreation Director, Carol Angus Inspections Department Head, Mark Wilson Chief of Police.

MAYOR’S COMMENTS

ADOPTION OF AGENDA

Commissioner McElraft made a motion to adopt the agenda as written, Commissioner Farmer seconded and the board voted unanimously.  Motion carried.

MONTHLY REPORTS – DEPARTMENT HEADS

CONSENT AGENDA

a.     Approval of Minutes of Regular Meeting – November 13, 2001

b.     Tax Refunds / Releases

c.      Resolution Authorizing Acceptance of CAMA Grants

Commissioner Trainham made a motion to approve the Consent Agenda as written, Commissioner Murphy seconded and the Board’s vote was unanimous. Motion carried.

Ordinance Amending Chapter 18 (Subdivisions) of the Emerald Isle Code of Ordinances Regarding Private Streets and Other Traffic Issues

The Ordinance Amending Chapter 18 (Subdivisions) of the Emerald Isle Code of ordinances Regarding Private Streets and Other Traffic Issues was approved by the Board on a 3-2 vote in November.  Attorney Richard Stanley has asserted that the November vote required a 4-1 majority vote to finalize the ordinance and he has asked that the Town Board vote on the ordinance again at the December meeting.  A majority of 3-2 will be required to approve the ordinance this time.

Commissioner Murphy made a motion to approve the Ordinance Amending Chapter 18 regarding Private Streets and Other Traffic Issues, Commissioner Wootten seconded the motion.

Commissioner Trainham commented it seems to him that it is somewhat irrelevant to be doing this again when it has already been done twice and he wanted to take into account that the town attorney has given the board advice that they are not even looking at and he would like the board to know that he is going to vote “no” on this issue.

Commissioner Murphy responded that he has looked at that.  “Please don’t speak for me!”

Commissioner Wootten explained that when the town board passes an ordinance like this, the first time it has to be a 4-1 vote or it has to be addressed a second time and the second time it can be passed 3-2.  That is State Law.  What is not totally clear in the State Law is what constitutes a vote.  Clearly, a vote that the town board does constitutes a vote.

There is a well versed opinion that a vote that was taken to refer this matter to the Planning Board was also a vote. Therefore two votes were taken and this issue of the private road was resolved.  He expressed some concern that between the time the vote was taken to pass this issue to the Planning Board and the November vote, there was a significant change to the proposed Ordinance.  It dealt with giving the town more control over access from private commercial properties to town right-of-ways.  The issue is more vague because of the third part. One was to approve private roads in commercial zones, one was to approve the preliminary plat for the commercial development; those two are tied together and if one falls, the other one falls; but the third was the abandonment of Reed Drive.  Reed Drive abandonment cannot be challenged.  That has happened.  Commissioner Wootten said he did not want the town to get into the situation where the idea of private roads in commercial areas could be challenged, possibly overturned, and if that is overturned, the preliminary plat approval would fall also because it is not in the course of the existing ordinances.  There is also the situation where Reed Drive Extension has been given up and the town has received nothing in return.  Commissioner Wootten said he wants to take 5 minutes to vote the issue again.

Mayor Harris called for a vote.  Voting for approval was Commissioner McElraft, Wootten and Murphy.  Voting against was Commissioner Farmer and Trainham. Motion carried with a vote of 3-2.

Ordinance Amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinances Governing Street Access

The Ordinance Amending Chapter 19 Governing Street Access that was entertained and approved in November has the same requirements of Item 7 above. 

Commissioner Wootten made a motion to approve the Ordinance Amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinance Governing Street Access, Commissioner McElraft seconded.  Voting for approval was Commissioner Wootten, McElraft and Murphy.  Voting against was Commissioner Farmer and Trainham.  Motion carried by a vote of 3-2.

Commissioner McElraft made a motion to approve the preliminary plat for Reed Drive Commercial Park as presented on November 13, 2001 with the condition that turning onto the loop road from Coast Guard near Reed Drive be limited to a “right-in” feature only, seconded by Commissioner Murphy. 

Commissioner Wootten commented this is exactly the same thing present last month and is linked to the approval of the private roads in commercial property, therefore it has to be voted on again to be sure this is well documented and taken care of.

Mayor Harris asked for a vote.  Voting for approval of the preliminary plat for Reed Drive Commercial Park was Commissioner Wootten, McElraft and Murphy.  Voting against was Commissioner Farmer and Trainham. 

Recognition of Retiring Police Dispatcher Bobby Caffin – by Mayor Harris and Chief Wilson

Mayor Harris and Police Chief Mark Wilson presented Bobby Caffin a plaque for dedicated service.  Mr. Caffin is retiring after 5 years and 7 months employment with the Town of Emerald Isle.  Chief Wilson told the public that a lot of times when they are home in bed and something happens when the Police Department is dialed, Bob is the one who answers those calls.  Some people don’t know that Bob is an ordained minister.  He is the Police Department Chaplain.  It is nice to have a Chaplain when you have a Police Department the size of the one Emerald Isle has.  Chief Wilson read the Certificate for the benefit of the public. 

            The Retirement Certificate read as follows:

RETIREMENT CERTIFICATE

IN RECOGNITION OF HONEST AND FAITHFUL SERVICE TO THE TOWN OF EMERALD ISLE THIS CERTIFICATE OF HONORABLE SERVICE IS HEREBY AWARDED TO

BOBBY R CAFFIN

          You will be missed both professionally and as a friend and we extend our very best wishes for continued success in your life’s pursuits.

          In recognition of services rendered, this certificate is presented this  11th day of December, 2001.

                                                                    ______________________

                                                                     Barbara M. Harris, Mayor

  Recognition of Planning Board Members Josey, Saunders, and Vance – by Mayor Harris

      Mayor Harris presented Certificates of Appreciation to Ceil Saunders, Frank Vance and Fred Josey for their service on the Planning Board.  Mrs. Saunders has served from January 1996 to December 2001, Mr. Josey from March 2001 to December 2001 and Mr. Vance from January 2000 to December 2001. 

Presentations

d.     To Commissioners Murphy, Trainham, and Wootten – by Mayor Harris

Mayor Harris presented Plaques to retiring Board members Jay Murphy, Emory Trainham, and John Wootten who served as Commissioners in great appreciation for their dedication and loyalty in serving the citizens of this town and their foresight in planning for the future while preserving the past.  The plaques were dated December 1999 to December 2001.

e.     To Mayor Harris – by Town Clerk Custy

Town Clerk Carolyn Custy presented a Plague to Mayor Barbara Harris in great appreciation for her dedication and loyalty in serving the citizens of this town and her foresight in planning for the future while preserving the past. Mayor Harris has served as Mayor from December 1999 to December 2001.

Installation of New Elected Officials

a.     Oaths of Office to new Commissioners Eckhardt, Farmer, Marks, McElraft, and Messer – by Representatives Jean Preston and Ronald Smith

Representative Ronald Smith administered the oaths of office to the new Board of Commissioners Pat McElraft, Emily Farmer, Floyd Messer, Richard Eckhardt, and Dorothy Marks.

Representative Smith commented to the outgoing Commissioners and audience, he has enjoyed working with them and the Mayor. They have accomplished a lot together especially the Beach Renourishment program that the town is getting ready to get into.  They are very fortunate to be a part of that and he was fortunate to have served, some 25 years ago, as our building inspector, plumbing inspector, as your sand dune inspector and your tax collector and assessor.  He noted this is the first time he has been to a swearing in of a town board and Mayor and he appreciated being allowed to be here.  To those leaving, he has enjoyed it and to those who are coming in, he looks forward to working with them.

b.     Oath of Office to new Mayor Schools – by Representatives Jean Preston and Ronald Smith

Representative Jean Preston administered the oath of office to new Mayor Arthur Schools.

Representative Preston commented she and Mr. Smith have served together for four terms and they have worked well together to represent the Town of Emerald Isle and she has been so proud to call Emerald Isle her home.  She appreciates so much the service the outgoing board and Mayor have provided.  There were many issues that they worked very closely on and she looks forward to serving with the new Mayor and the re-elected and new members of the Commission.  She wished them good luck and for them to call her when they needed her.

Mayor Schools thanked everyone for coming to the meeting.  He noted there were former Commissioners and Mayors of the town in the audience, along with Planning Board members and all of us really appreciate the efforts that they put into the town for the years they served.

c.     Nominations and Election of new Mayor Pro-Tem – by new Board of Commissioners

Commissioner Floyd Messer, in keeping with tradition of the one who received the highest number of votes being named Mayor Pro-Tem, nominated

d.     Oath of Office to new Mayor Pro-Tem – by Representatives Jean Preston and Ronald Smith

Representative Jean Preston administered the Oath of Office to Mayor Pro-Tem Patricia McElraft.

Commissioner Farmer related that the Marine Corps have come out with a recent map that shows two potential zones in town.  The last copy of that was a draft map. She asked if that had been finalized yet.  The answer was No, it is still in draft form.  Commissioner Farmer asked if Mr. Hines knew if it had changed at all and he was not certain. He thinks if any changes were made it would be made to the  sound and noise zone.  He does not think the accident potential zones would change that much.

Commissioner Farmer clarified why she was asking these questions and it was because later on the Agenda there are three preliminary plats that are going to come before the board, that will contain three six plexes that will be going in the accident potential zone. This is the area that the Marine Corps is saying should not have residents at all.  The board is between a rock and a hard place while this process is going on because of the developers who want to develop and yet we have to be aware of what the Marine Corps is asking the town about encroachment and how it might affect its mission.

Mr. Hines said he does not have any answers on that but would be happy to look into it.

Commissioner Farmer commented her understanding that the JLUS recommendation will be information that comes from the Marine Corps in their ACUZ.  This is essentially their planning document.  They apparently have a draft that was supposed to be finalized about a year ago and she asked if that had been finalized?  Mr. Hines said it is still a draft form.

Mayor Schools introduced Mr. Greg Rudolph who is the “Sand Man” of Carteret County.  He was just appointed December 3^rd or 4^th.  He will be involved with renourishment of the beaches of Bogue Sound.  Mr. Rush said his official title is “Shore Protector Manager” and he is an employee of Carteret County working for the County Manager and also working very closely with the newly appointed Beach Commission.  We are happy to have Greg on board.  He brings a lot of knowledge and experience to the commission and the town is looking forward to working with him.  He is also a resident of Emerald Isle.

Presentation – FY 2000-2001 Financial Audit – by Joy Bell, Bell and Company, CPAs

The analysis of Current Tax money (Page 44) shows the total levy collection percentage was 99.13%.  The registered motor vehicles tax collection percentages is 85.7%.  Mrs. Bell reminded the board that the motor vehicle levy is administered by the

Mrs. Bell reminded the new board if there was anything they did not understand in this report, they were welcome to give her a call or visit her office.

Mr. Rush commended Mitsy Overman, Finance Officer, for the outstanding job she does.  He said the town is fortunate to be served by some very qualified individuals.

Commissioner McElraft made a motion to accept the Fiscal Year 2000-2001 Financial Audit as presented.  Commissioner Farmer seconded and the board voted unanimously.  Motion carried.

1.                  Modification of the existing federal dredging project in Bogue Inlet to relieve erosion pressures at the Pointe.

2.                  Use of the NCDOT Ferry Division dredge to provide a solution commensurate with its capabilities.

3.                  Main channel relocation using a harbor dredge inside the COLREGS demarcation line, possibly in combination with the proposed beach nourishment project.

4.                  Main channel relocation using an ocean-certified dredge, in combination with the proposed beach nourishment project.

Dr. Tim Kana and Bill Foreman gave a presentation on erosion study at the point by Coastal Science and Engineering (CSE), a Columbia, S.C. firm.

To summarize, CSE has concluded that alternative 4 above is the most feasible solution to the erosion problems at the Pointe. If the Town moves forward with its proposed beach nourishment project that will be decided by the voters in March 2002, CSE believes that the main channel can be relocated approximately 3,000 feet west of its current location in a cost-effective and environmentally-friendly manner.  CSE has noted that conditions in the mid-inlet shoal (in terms of shoal locations and flow volumes over the shoals) are favorable for an effective relocation of the main inlet channel.  CSE has also determined that the sand in the mid-inlet shoals is compatible with the native beach sand along western Emerald Isle and would be suitable material for the proposed nourishment project.  The volume of sand available is more than sufficient to accomplish nourishment of the western reach.

The estimated cost to relocate the inlet and nourish the western reach of Emerald Isle is approximately $6.2 million.  This cost estimate includes all permitting, engineering, mobilization, dredging, and post-construction monitoring costs.  The scope of such a project would include the dredging of a new channel approximately 3,000 feet to the west of the existing channel to a depth of 18 feet, which is considerably deeper than the current 8 foot channel maintained by the Corps of Engineers across the ocean bar.  A total of approximately 1,135,000 cubic yards of material would be dredged from the inlet, with approximately 100,000 cubic yards placed directly on the Pointe and the remaining 1,035,000 cubic yards placed on the approximate 5 miles of beach located between Shipwreck Lane (in Spinnaker’s Reach) and an area in the general vicinity of Ebb Tide Drive in central Emerald Isle.  The project would not include a complete filling of the existing channel, but CSE believes that the construction of the new, deeper channel in the center of the Bogue Inlet shoals (3,000 feet to the west) would naturally become the predominant channel for tidal flows through the inlet, and that, over time, the existing channel would close naturally.  The initial 100,000 cubic yards to be placed on the Pointe would provide some immediate relief for residents and property owners directly at the Pointe until a natural filling of the old channel occurs.

Because of the navigation interests in Bogue Inlet, and the Corps of Engineers’ ongoing commitment to maintain a sufficient navigation channel through the inlet, it will be important to gain the Corps’ approval of the proposed solution.  CSE believes this can be accomplished, and may actually result in a short-term cost savings for the Corps.  The Corps would gain a deeper ocean bar channel, which should decrease the initial frequency of dredging.  The initiation of this project could also eliminate the Corp’s need to dredge the channel for a period of 1-3 years, which would yield significant annual cost savings that could be applied to other Corps projects in the area.            

Mr. Rush feels it should be remembered that the proposed $17 million Emerald Isle nourishment project includes approximately $5.6 million for the nourishment of the western reach of Emerald Isle.  (The currently proposed borrow area for the nourishment project is an offshore borrow source located off of eastern Emerald Isle.)  Thus, the additional cost associated with the use of Bogue Inlet shoals for the nourishment project is approximately $600,000.  The actual dredging and pumping cost is essentially the same to implement this solution, however, the cost estimates for dredge mobilization, permitting, and post-project monitoring are slightly higher with this solution than is included in the original $17 million project budget.  The Board should note, however, that the $17 million budget for the proposed beach nourishment project includes a $1.1 million contingency that could be made available to implement this solution.

During deliberation, it should also be remembered that the western portion of Emerald Isle, under the current schedule, would be nourished in the winter of 2003-2004 and that is when this inlet relocation would occur as part of that nourishment.  The project is anticipated to move forward in two phases if the Referendum is accepted, nourishment of the eastern part of town next winter and the western part of town the following winter. 

            Commissioner Eckhardt said his problem is that subsequent to the approval of the original plats, we have had this map come out and it shows this extension of 18 more units in what they call “Accident Potential Zone 1”.  Basically, you are not supposed to have any residents in this area and now we have multi-family here. He indicated he would like to have some questions answered before going any further.  He would like to find out how we interpret the establishment of these zones, how high density encroaches on Bogue Field, if we are going to be considering the encroachment, which he would like to be considering.  He thinks the Marine Corps are going to listen to our concerns of noise and safety much more if we are also considering their encroachment concerns.  He would like to find out if the Town could be considered negligent at all by allowing development in the accident potential zone.  He would like to consider whether there is a point to have a disclosure on hazardous property if it is considered hazardous property.  The AICUZ study is coming out in January.  He would like to defer consideration of this, go back to the Planning Board and ask them to answer these questions that have been outlined and to answer any other questions they might have relative to these accident potential zones.

            Commissioner Eckhardt made a procedural motion to defer approval of the Preliminary Development Plan for Sunset Harbor Condominium Project, Buildings 5,6 and 7, for further consideration.

            Commissioner Messer said the way he sees it is that these zones and maps are in draft stage and are not final.  We are dealing with a situation now that the entire project was approved some time ago and all the board is doing, the planning Board has approved it, is trying to get the final stage in.

            Commissioner McElraft said when a draft is out there at the Marine Corps doesn’t mean it is going to be adopted.  Something they promise in January might be 10 years from January.  She said “I think we have to be careful holding up a project like this for something that “might be””.  If we are worried about the people that we put into these buildings, I think we would be worried about the people we have already put into the buildings that are already built.  I think looking at what may happen or what may be out there in draft form right now, I think we might be in a little legal trouble to hold up a project like that.

            Commissioner Messer said he recalls a statement by one of the gentlemen that the study would not be concluded until May of 2002.  Commissioner Eckhardt said that is the JLUS Study itself.  The AICUZ Study, the latest estimated time, is January.  Mr. Hines said it is the end of January, but again, that is only an estimate.  That time line could certainly change.

            Commissioner Farmer said what was approved a couple of years ago was actually the subdividing of the land.  There was never an approval for buildings on all of the lots.  This really isn’t a preliminary approval.   She believes that the APZ itself is not likely to change, what would change if anything is the noise contour.  Joe McKinney said he did say that if anything was likely to change it would be the noise but he hates to go on record saying that the APZ is going to change or not change.  He is waiting for the answer just as the board is. 

            Commissioner Farmer said the bigger issue is encroachment.  The reason why we agreed with the Marine Corps to go into this JLUS Study was because of their concern on encroachment, that we are, by developing where we are developing, put in their mission.  She does not think this is the town’s goal.  On the other hand, she recognizes that Billy and Ricky Farrington have a right to develop their property.  She would certainly support turning it over to the Planning Board to see if some answers can be gotten.  The board is not going to hold the developers up until June or July but see what the Planning Board can carry out.  To make sure we are on “OK” legal grounds to be able to go ahead despite warning from the Marine Corps that this is an accident potential zone; to make sure  that we are “OK” to be allowing residential development there.

            Mr. Stanley said Lori Morris is here tonight so if the board has any technical questions, she can answer them.  He said he is very concerned about what the board is doing because the board has absolutely no ordinances to hold the developers up.  May 8^th, in response to a question from Commissioner Farmer, as to the same APZ, “your town attorney addressed this, unless they (the Marine Corps) has some statutory authority to controlling how the town does its approvals in its own ordinance scheme, I doubt seriously that they cannot control what the town does”. Mr. Stanley said in May or June when their recommendations come out, you can take whatever changes you want with your own ordinances and zoning maps but right now your Town Manager and Town Attorney will tell you that you do not have anything in your ordinances or your zoning map to keep you from giving approval tonight.  The question about this is that his clients are in fact entitled to a reasonable use of their property.  It was approved several years ago. At the present time, there have been condominium buildings just like this already built on Lots 1, 2 and 3.  There is one on Lot 4 next door to 5 that is 90% complete and will be coming before this board probably in January for final approval.  There are only 7 lots and these are the last 3 lots in this subdivision. 

            Commissioner Eckhardt said this was prior to the AICUZ Study that was published in January.  Attorney Stanley asked Commissioner Eckhardt if he understood that the AICUZ and these studies are not regulations.  They have nothing to do with your town code; that what his clients are requesting to do is perfectly legal and they have a right to do that.

            Commissioner Eckhardt said he understands that they are “our” responsibility; working with the Marine Corps.  Attorney Stanley said “No Sir. Not Yet.  They are not any justification for turning this down, No Sir, not until you have incorporated it as part of your ordinances.  What my clients are seeking to do is absolutely permitted by your ordinances, right now and they have done it on 4 other lots.  What they are going to suffer are a lot of damages by holding them up, interest, construction and things like that and it is not fair to them for you to do that while you are studying this when these regulations may be years off and that is why we are seeking approval tonight.”  Attorney Stanley said “I just want to say that at the May meeting, the whole subject was covered at that point.”

            Mayor Schools asked Town Attorney Derek Taylor for his opinion.

            Attorney Taylor said unless specifically asked, he does not generally give legal opinions in open meetings about issues of this type but if you have a specific question, he would be glad to do it.

            Commissioner McElraft indicated she has a specific question and asked, “Do we have a legal right to hold this project up?”  Attorney Taylor answered, “You would be on legal soft ground”.  Commissioner McElraft noted the town already has two law suits that are  probably on soft ground and it will probably cost the town $60,000 to defend them.”  She said she is not willing to spend taxpayer money in that way.

            Commissioner Farmer said she finds it hard to believe that the town does not have the legal right to defer this one month while it tries to get some questions answered.  The buildings that are already there, were there before this APZ was put on top of the town.  There is a map that has draft APZs.  The town has told the Marine Corps that it would work with them to try to prevent further encroachment on them and she guesses the question is, in her mind, “Are we serious about working with them or are we not because if we are not serious , I am not clear why we are in the JLUS.  It seems to me that is an awful lot of money we are talking about wasting.”  She still supports deferring this for one month and see if some answers from the Planning Board. She would like to make this a motion.

            Attorney Taylor said there are two motions on the floor (one being a procedural motion).  Commissioner Farmer will need to second Commissioner Eckhardts motion to proceed on that.

            Commissioner Farmer seconded Commissioner Eckhardts motion above to defer this action until further study could be done. Voting in favor of deferring was Commissioner Eckhardt, Commissioner Farmer and Commissioner Marks.  Voting against the motion was Commissioner McElraft and Commissioner Messer.

            Commissioner Farmer asked to put this item back on the Agenda in January and send the issue to the Planning Board.

The Board of Commissioners is asked to consider the attached contract between Emerald Isle Emergency Medical Services, Inc. and the Town of Emerald Isle for EMS services.  The attached contract would take effect on January 1, 2002, and remain in effect until June 30, 2002.  The contract amount is $100,000 for the initial term (January 1 – June 30), and subsequent contract amounts will be determined by the Board during the annual budget process.  The contract provides for annual renewals after the Town has developed its annual budget each year, and these renewals would be presented to the Town Board for consideration each June.

The two provisions that the Town Board may want to consider re-instating into the final contract are in Sections 7C and 7D.  Section 7C of the original draft would have required EI EMS to provide a listing of the salaries and benefits of all personnel with their annual budget request, and Section 7D would have required EI EMS to include an estimate of all projected revenues and expenditures (not just those financed by the Town of Emerald Isle’s contribution) with their annual budget request.  The inclusion of this information may make it easier for the Town Board to judge the merits of the EI EMS budget request each year, and provides a mechanism to keep the Town fully informed about EI EMS’ staffing levels and availability of other financial resources.  EI EMS was reluctant to make a contractual commitment to provide this information. 

The Town Board may be comfortable with the budget submission requirements that are outlined in the contract version that is presented for consideration on December 11.  If so, the Board should consider approval of the attached contract version.  If the Board’s desire is to include any other provisions, these provisions should be indicated during the meeting, and the final contract document will be amended to incorporate the changes.  The Board should keep in mind that the inclusion of any additional provisions may cause EI EMS to reject the contract. 

Town Attorney Taylor has reviewed and approved the initial draft of the contract.  The changes included in the attached contract version being considered by the Board are not legal in nature, and should not affect his opinion of the contract.

Commissioner Farmer commented that actually public comments have already been talked about for the town board meetings and she thinks it is important the public be heard. Commissioner Farmer agrees that workshops are informal and she does not feel it would be appropriate to have the workshop agenda opened up the way the town board meetings are opened up, but a public comment period is a great way to do it.  At some of the budget workshops, some people who have made comments and they seem to be very frustrated that they cannot speak.  It is not specified at all in this draft when the public comment will be, how often; it is left opened ended.

Ordinance Amending Chapter 13 (Planning and Development) of the Emerald Isle Code of Ordinances Regarding the Planning Board

This Ordinance Amendment to Chapter 13 (Planning and Development) of the Town Code would specifically require public comment at all Planning Board Meetings, and also clarifies the powers and duties of the Planning Board.  This Amendment was placed on the agenda at the request of Commissioner Farmer.

A copy of the Ordinance Amending Chapter 13 (Planning and Development) of the Emerald Isle Code of Ordinances Regarding the Planning Board is attached at the end of these minutes.

 Commissioner Farmer indicated a few changes regarding the Planning Board having the authority to develop and recommend policies and administrative procedures for carrying out the comprehensive plan.  Clarification is being made with the new changes that the Planning Board actually has the authority to carry out planning related duties. It does not have to be a comprehensive plan.  The second thing is that people have made comment they had no idea the Planning Board met on Wednesday after the regular Planning Board meetings for their map review committee meeting.  These should be posted so those who want to attend will know when they are.  One issue in the past campaign was public comment at the Planning Board meetings.  This is very important.

Commissioner Farmer made a motion to send the Ordinance Amending Chapter 13 (Planning and Development) of the Emerald Isle Code of Ordinances Regarding the Planning Board to the Planning Board for their consideration of the language and to be placed on the January Agenda for a Public Hearing, seconded by Commissioner Marks.  The Board voted unanimously with a vote of 5-0. 

Mr. Rush noted the Planning Board will be meeting Monday, December 17^th and this will be scheduled for their agenda at that time. He said if the board would like for it to be advertised as a Public Hearing, please direct us to do that otherwise public comment will be scheduled on January 8^th without advertising for a Public Hearing. Note was made that Public Comment will suffice.   

Discussion - Ordinance Amending Chapter 19 (Zoning) of the Emerald Isle Code of Ordinances to Clarify the Zones in Which Dwellings, Townhouses, and Condominiums are Permitted

The Category “Dwellings, Townhouses, and Condominiums” is listed twice, presumably inadvertently, in the table of permitted and special uses.  The first entry indicates that these are permitted uses in the MH-1 district and the second entry indicates that these are permitted uses in the RMF (Residential Multi-Family), INT (Institutional), and RMH (Residential Motel-Hotel) districts.  It is believed that the listing permitting these uses in the MH-1 district was in error, however, in reviewing the minutes where this was approved, the Town Board specifically authorized “Dwellings, Townhouses, and Condominiums” in the MH-1 district in March 1993, acting on the recommendation of the Planning Board. 

A copy of the Ordinance Amending Chapter 19(Zoning) is attached at the end of these minutes.

Commissioner Farmer indicated she thought this was an error in the Town Code of Ordinances. During the investigative process, it was revealed that the Town Board, in 1993, did approve Townhouses and Condominiums in MH-1 districts. 

A town survey, 2 years ago, was sent to people and it asked what types of development should be encouraged in Emerald Isle.  Under Multi-family and Condos, 10% felt that it should be encouraged, 31% were neutral and 53% felt that they should be discouraged. 

Commissioner Farmer’s point is the town board should have the opportunity to discuss when a mobile home parcel is re-developed.  With the zoning the way it is, it allows Townhouses and Condominiums automatically and the board looses a lot of that discussion.  This use should be removed from that permitted area.  She is asking this go to the Planning Board. 

Commissioner Messer asked if she is referring to duplexes also?  Commissioner Farmer replied she does not believe the zoning allows for duplexes.  She thinks it is single family. 

Mr. Rush clarified that the current zoning for MH-1 in this table permits mobile homes, single family dwellings ,duplexes, townhouses and condominiums.  They are all included in the table for permitted uses for that zone. 

Mrs. Angus stated the only thing that concerns her is the term “condominium” because so many of the duplexes are now condominimized and she would not want to have a situation where a condominimization would be a non-conforming use when in fact it is a duplex.  The definition of condominium is “3 units or more”.      

Commissioner McElraft suggested clarifying this when it goes through the Planning Board process to make sure it will allow condominimized duplexes. 

Commissioner McElraft noted this is making this area more restrictive.  She asked of there was any legal procedure the board needs to do like notifying people.  Attorney Taylor said “It is not a rezoning but some people might say it is, but it is not a rezoning per se”.  He suggested for the purposes of serving the public interest, everyone that can be notified should be, but there is no legal requirement to do so as a rezoning. 

Mr. Rush commented we are required to advertise this as a Public Hearing and that this would be considered and actually conduct the Public Hearing in order to make this change.

Commissioner McElraft expressed a concern about people who may be considering putting a Condominium on a tract of land in the MH-1 area.  Mr. Rush implied the majority of the existing MH-1 zones are small, typical, family type lots.  If someone were to build Condos or townhouses in that district, they would have to purchase several lots and recombine them in order to do that because there are no vacant large tracts available. 

Mrs. Angus commented with the board’s concern regarding mobile home kind of thing, she does not have any objection, nor does Mr. Rush, with writing letters to the owners of the mobile home parks. They would have the largest interest in being able to develop townhouses and condos. 

Commissioner Farmer made a motion to refer the Ordinance Amending Chapter 19(Zoning) to clarify the zones in which dwellings, townhouses and condominiums are permitted to the Planning Board for review and schedule a Public Hearing for January 8th, seconded by Commissioner McElraft and the board voted unanimously with a vote of 5-0. 

Update on Implementation of New Solid Waste and Animal Ordinances

Mr. Rush updated the board and public on the steps taken so far on the implementation of the Solid Waste and Animal Ordinances.  Some of the steps are:

(1)               Efforts to this point on solid waste have focused more on education as opposed to strict hard line enforcement.  Many people may not be aware of the change.

(2)               Steps taken to educate people thus far are a blurb in the Island Review and information posted on the town website informing the people about the new Solid Waste Ordinance. 

(3)               Identifying specific locations where there is a violation with the new ordinance has been started and to date approximately 330 warning letters to individuals who are in violation letting them know they are in violation and if it is not corrected, a civil penalty will follow in the near future.

(4)               Working with the Real Estate Rental Agencies cooperatively since that is where the majority of the problems are with solid waste.  A program has been arranged where the town arranged a purchase of additional 90 gallon containers at a reduced cost for the rental companies and the town has ordered over 300 cans for rental companies.

A concern being heard from Waste Industries is that it will take some time during the summer to return the cans to the 3-sided racks.  It is not an issue in the winter months but is in the summer months because of the volume of garbage.

An adjustment may have to be made in Waste Industries Contract.  This will be discussed at a later date.

On the Animal Ordinance – again education has been the most focused point.  The primary change was the implementation  of a “Pooper Scooper Law”.  The same type of education has been done as has been done for the solid waste.  Signs have been installed at each access in town (over 50) to warn people that it is a violation of town law and they are subject to a civil penalty for that.

A couple of things being looked into at this time, but not implemented, is trying to find some ways to make it more convenient and encourage people to clean up after their pets on town right-of-ways and on the beach.  Investigation of the cost of installing some doggie bag dispensers at the beach accesses and trash cans on the road side of the beach accesses.  This will have to be considered by the board at the planning retreat as a possible budget item for next year. 

An annual report to the citizens from the town to highlight the achievements during the past year including some look-ahead features of what is coming down the road in 2001, some financial information, and want to make the Dog Ordinance and Solid Waste issue a prominent feature in that document. Estimated mailing date – January or February 2002.

Mayor Schools related to a community in Florida that in 1993 (Jupiter Beach) was going through what the Town of Emerald Isle is going through now. They have a group of “Responsible Dog Owners” who talk with irresponsible dog owners about being more responsible.  Pooper Scooper bags are installed and are paid for by donations.  They have parties, put advertisements on the bags, etc.

Commissioner Messer indicated he does not have a problem with the receptacle for the doggie bags but he does have a problem with the town furnishing the dispensers and bags.  He felt this is the responsibility of the pet owners to furnish their own bags.  The town has the responsibility to furnish the receptacle.  As far as the bags for the kids to take out and fill up with sand and sea shells, he has a problem with it.

Mrs. Nita Hedreen, a resident of West Harbor Drive, came forward.  She said she supports and applauds the town in having a dog ordinance that includes the picking up of the excrement.  She showed a dog lease that had a small container attached that held 7 bags for clean-up.  She said she would like to see the hard line enforcement, since it is so easy to clean–up after a pet.

Her concern was who would monitor this process if the bags are there.  If someone comes along without a bag and no bags are at the receptacle, has the town given them a ready made excuse?

Mr. Rush said that expense could be transferred to the dog owner since it is very clear that this is the disposition of the board. The intent was to make it convenient for people to actually take that initiative to do that.  It is hard for Police Officers and Beach Patrol Officers to be at every location at one time. 

  The issue of hooking and unhooking chains on the 3-sided garbage racks was briefly discussed.

Appointments

a.     Planning Board – 3 Vacancies

- Term Expiring March 2002

- Term Expiring March 2002

- Term Expiring March 2003

b.     Board of Adjustment – 2 Vacancies

- Term Expiring May 2003

- Alternate 1, Term Expiring May 2002

 - Alternate 2, Term Expiring May 2003

c.     Eastern Carolina Joint Land Use Study Policy Committee

Commissioner Farmer made a motion to appoint Mayor Schools and Commissioner Eckhardt to serve on the EC JLUS, seconded by Commissioner Messer and the board voted unanimously with a vote of 5-0.

d.     Eastern Carolina Council of Governments General Membership Board

Commissioner Farmer made a motion that Commissioner Messer be appointed to serve on the General Membership Board of the Eastern Carolina Council of Governments, seconded by Commissioner McElraft and the board voted unanimously, with a vote of 5-0.

Resolution Proclaiming December as Shop, Stay, and Dine in Carteret County Month

Public Comments

If these dates are not available, alternative dates can be set.

Comments from Town Board, Mayor

      There were no comments from Board Members.  Mayor Schools thanked everyone for coming, particularly Representative Smith and Preston.

      Representative Preston commented that we are going to be working together and that the town should feel free to contact her if she can help out with anything.

Closed Session

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

b.  Attorney-Client Privilege (Holz/Howe v. Town of Emerald Isle), pursuant to NCGS 143-318.11 (a) (3)

Commissioner McElraft made a motion to go into Closed Session regarding Land Acquisition, pursuant to NCGS 143-318.11 (a) (5) and Attorney-Client Provilege (Holz/Howe V. Town of Emerald Isle) pursuant to NCGS 143-318.11 (a) (3), seconded by Commissioner Messer and the board voted unanimously with a vote of 5-0. 

The Board went into Closed Session at 10:10 P.M.

Commissioner McElraft made a motion to return to open session, seconded by Commissioner Farmer.  The Board voted unanimously to return to open session at 11:45 p.m.

Adjourn

There being no further business, Commissioner Messer made a motion to adjourn, seconded by Commissioner Marks.  The Board voted unanimously to adjourn. 

      The meeting was adjourned at 11:48 p.m.

Respectfully submitted

Carolyn K. Custy, CMC