September 10,
2002 Agenda
September 10,
2002 Minutes
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ACTION
AGENDA
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UNAPPROVED Present were Mayor Schools, Commissioners Eckhardt, Farmer, McElraft, Messer and Marks. Staffs present were Town Manager Frank Rush, Asst. Town Manager/Finance Officer Georgia Overman, Town Attorney Derek Taylor, Town Clerk Carolyn Custy. After the Roll was called, the Pledge of Allegiance was recited. ADOPTION OF AGENDACommissioner Farmer asked that the presentation by the Carteret County Economic Development and the presentation of Distant Learning Opportunities to after the Consent Agenda. She feels strongly that when the town has outside visitors who are giving presentations they should be accommodated by putting the at the beginning of the meeting. Town Manager Rush asked that the board add to the Closed Session “Acquisition of Real Estate” to be discussed in Closed Session. Commissioner Farmer made a motion to adopt the Agenda with the changes noted above. The board voted unanimously, with a vote of 5-0. Motion carried.PUBLIC ANNOUNCEMENTSMayor Schools reminded everyone of the Big Sweep / Litter Sweep on September 21, 2002 beginning at 9:00 A.M. The group will meet at the Western Ocean Regional Access. All volunteers are welcome. Also volunteers are being recruited for the Coast Guard Road Park. Volunteers will provide labor for clearing paths, reports to the community on the progress of the park project, a possible fund-raising source, a core group that will develop their own plans for supporting the park, much like the Friends of the Western Carteret Library. Mayor Schools encouraged citizens to sign up for this project.PROCLAMATION – PATROIT DAY (SEPTEMBER 11, 2002 – “A DAY OF REMEMBRANCE AND RECOGNITION” Mayor Schools has proclaimed September 11, 2002 as “Patriot Day” in the Town of Emerald Isle to reflect upon the events of September 11, 2001, remember the courage, bravery, and sacrifice that occurred that day, and express appreciation for our country. The proclamation has been posted on the Town’s web site and distributed to various locations in Emerald Isle. Emerald Isle citizens are encouraged to fly the American flag and observe a moment of silence on September 11. A local program, organized by the Carteret County Chamber of Commerce, is scheduled for 6 pm on September 11 on the Morehead City waterfront, and Emerald Isle citizens are encouraged to attend. Mayoral Proclamation Patriot Day - "A Day of Remembrance and Recognition" Whereas, the attacks on America on September 11, 2001 have become a defining moment of our generation and have added new meaning in our country to "United We Stand;" and Whereas, we must never forget the innocent victims of the terrorist attacks nor the many heroes who gave their lives to save others; and Whereas, we can honor their memories by resolving to be good citizens, to volunteer to help others, to respect all cultures and to work toward global peace and goodwill; and Whereas, we thank our fire, law enforcement and emergency personnel for their untiring public service and for the important work they do every day to protect our communities; and Whereas, we remember and support the brave men and women of our country now on military duty around the world, fighting terrorism and protecting the principles upon which our country was founded – freedom, liberty and justice; and Whereas, the United States Congress has officially designated September 11 as "Patriot Day" and has asked the people of this country to observe the day with appropriate programs and displays of patriotism, Now, therefore, I, Arthur B. Schools, Jr., Mayor of the Town of Emerald Isle, North Carolina, do hereby proclaim September 11, 2002 as “Patriot Day” in the Town of Emerald Isle and encourage the people of Emerald Isle to remember the courage, bravery and sacrifice Americans witnessed that day. I call upon citizens of our community to fly the American flag, to observe a moment of silence, and to gather at 6 PM on September 11 at the Gazebo at the west end of the Morehead City waterfront for a program of reflection, remembrance and appreciation for our great country, the United States of America. PRESENTATION TO PLANNING BOARD CHAIRMAN PHIL ALMEDIAIn recognition of his service and dedication to the Town of Emerald Isle, Mayor Schools presented a plaque of appreciation to outgoing Planning Board Chairman Phil Almeida. Mr. Almedia has served on the Planning Board for the past two and a half years, beginning his service in January 2000. He was named Chairman of the Planning Board in December 2001, and continues to serve in that role. Mr. Almedia has resigned his seat on the Planning Board effective September 30. On behalf of the staff, Town Manager Rush thanked Mr. Almedia for his assistance with planning matters, and wished him well in the future. The Board of Commissioners will need to appoint Mr. Almedia’s replacement during the October 8 regular meeting in order to have a full Planning Board for their October 28 meeting. An advertisement has been posted on the Town’s web site, and applications are being accepted until September 27. CONSENT AGENDAa.
Minutes of Regular Meeting – August 13, 2002 b.
Minutes of Special Meeting – May 29, 2002 c.
Minutes of Special Meeting – May 30, 2002 Commissioner Marks asked that a correction be made to the Minutes of May 30, 2002, page 1, the middle paragraph talking about “EMS and an apartment they are building”. It should read “an apartment above the building they are renting”. Commissioner McElraft made a motion to approve the Consent Agenda with corrections noted above. The board voted unanimously with a vote of 5-0. PUBLIC COMMENTNone.PRESENTATION – DISTANCE LEARNING OPPORTUNITIESDr. Kay Dennis, Distance Learning Director at Carteret Community College, made a presentation to the Board of Commissioners.Dr. Dennis updated the Board and the public about distance learning opportunities available through Carteret Community College, and plans for the use of technology at the new Western Library and Learning Center in Cape Carteret, scheduled to be completed next year. Dr. Dennis also presented a handout as noted below: Distance Learning Update Dr.
Kay Dennis, Distance Learning Director Emerald Isle Town Board Meeting September
10, 2002
Carteret County Community College is very proud of their distinction of even though they are not the small college, they are probably in the lower 5 in terms to their size. They learned last April that they are number 1 among 58 colleges by their percentages of classes that are offered on-line. This generates a certain amount of dollars in FTE, which means on-line classes generated almost 1/2 million dollars for the college last year.After going over key points listed
above, Dr. Dennis encouraged people to get involved in distance learning.
It is not just for the young but for everyone who is interested in
continuing their education. It meets almost everyone’s schedule especially for
those who have jobs. You can even
take classes at other institutions in Texas or New York that is not offered
locally through the distance learning process. PRESENTATION – CARTERET COUNTY ECONOMIC DEVELOPMENTMr. Dave Inscoe, Executive Director of the Carteret County Economic Development Council, made a presentation to the Board of Commissioners. Mr. Inscoe updated the Board on the EDC’s recent activities and discussing the EDC’s Strategic Plan for 2002-2003. He indicated this is the first opportunity he has had to meet with a municipal government in the County since he arrived last November. The EDC is working today and planning for the future. EDC was created in 1971 by a group of concerned citizens and business people in Carteret County because of the lack of economical development activity in Carteret County. A non-profit corporation was formed and is supported by membership. About 25% of the budget is from this membership and 75% comes from Carteret County. It is supported by approximately 250 businesses, individuals and government entities. The Board of Directors is comprised of a President, 12 people appointed by the County and 7 elected by membership. Mr. Inscoe related that the Vision of the Economic Development Board is to create and implement programs and plans that are to attract and retain industry and business that provide high quality jobs for citizens and increase the tax base in Carteret County. The Mission is to recruit new environmentally compatible industry and business to the County to retain that business and industry that exists in the community and to work within the community to help develop a work force to meet the needs of this existing and potential industry and business. To assist the community in development of physical and social infrastructure to meet the needs of existing business and industry. Being a membership organization, they have to work to promote and develop memberships that support the mission of that development council. Simplify from all of that is the three “R” of economic development – Recruit, Retain and Readiness. RECRUIT - One of the primary tools in attracting industry is a County owned industrial park located in the west part of Morehead City that was developed in 1999. There are 58 acres, 4 lots have been sold, 1 industry is in the park, 7 lots remaining on the water, sewer and roads the infrastructure is in place and a grant has been recently received to do further environmental studies and get it certified as a highly markable piece of property by North Carolina. There is another industrial park, a very unique niche industrial park in the County, Jarrett Bay on the Intercoastal waterway. This is 170 acres developed by Jarrett Bay and has 31 lots. It has a 220-ton travel lift that is the largest in North Carolina on the Intercoastal waterway. It is a one-stop shop for boaters. The primary focuses are marine
trades, the marine support industry, marine science and aquaculture, which are
compatible with the community. Another
major focus is supporting the military. There
is a tremendous potential for growth in the community and around it.
The FA-18 Super Hornet squadron that has been proposed for Cherry Point
represents a 20 million dollar economic impact in this area and it will produce
8/10 of a million dollars in new tax revenue in Carteret County just from the
spill over. The base closure and realignment Commission will be meeting
in 2005 and it is look at as an opportunity to go out and work with the military
to bring new military support industry to the community.
RETAIN – the existing industry. The goal in existing industry is to
establish and maintain value added relationships with the management of
businesses here. There is access to
financial assistance and counseling. EDC works very closely in work force
development to make sure the needs of the existing industry are being met.
They support the manufacturer’s association and keeping what we have in
our military.
Mr. Inscoe, the President of EDC Board and a representative from the
Employment Security Commission are visiting every industry in Carteret County
and it is incredible the diversity of the existing industry. They include
Atlantic Veneer, Bally Refrigeration, a cut and sew operation, Frank Door
Company making doors for large walk-in coolers, Jarrett Bay building some of the
finest quality boats in the world, Parker Boats with a world wide distribution
building 900 to 1100 boats a year, Hankinson Dry Division making dryers for
refrigeration equipment and some very highly work skill going on in that
industry and of course the existing industry in the military.
Mr. Inscoe went on to say it is not well realized that the military has
the largest economic impact of any industry in North Carolina and it also has a
huge impact here in Carteret County with a direct payroll of 121 million dollars
a year from the people who are employed. It
is the largest employer in the County with over 2000 employees.
When you add up the active civilian, retired and family, it is 8400
people or about 14% of the County’s population is associated with military.
There is a lot of work going on with the military affairs committee;
there is a military support coalition that has been formed and the EDC works
together on military.
Another major existing industry, a very important one to the community,
is ports. 14 million dollar a year
economic impact creating 300 jobs and those jobs are some of the best paying
jobs within the county with an average of 159% above what the county’s wage
level is. They have invested 72
million dollars in the past 6 years in that facility and last year alone 727
million dollars worth of cargo going through.
Radio Island is one of the most strategic on the East Coast for the
future of US Shipping and of course they have a tremendous support for our
military.
READINESS – is one of the most understood and probably the most
overlooked in economic development in having the community ready for what you
are trying to recruit and retain. Workforce preparedness is very important.
EDC works very closely with the schools, the community college to meet
the recruiting and programs that exist. You
have to have the trained work force. A groundbreaking will be held soon on a marine education
center at the college reinforcing the goals to work with marine trades and
marine support and the continuing education program and the commerce development
center on the college campus, and the county schools.
Infrastructure development includes highway access, water, sewer,
telecommunication and ports. A
presentation was recently made to the Department of Transportation about the
needs for Highway 70 and why it is so critical for the economic prosperity and
growth of our communities. EDC is
working to improve the business climate. Mr.
Inscoe has been working for the past 8 months with the rural net access
authority in trying to get affordable high-speed internet access in the
communities. He has been successful
in securing grants, a literacy grant, the college has received to improve the
quality of education on the internet and a public access grant to develop a
public access center at the Boys and Girls Club over in Beaufort and just
recently announced a $575,000 grant to add communications, better known as Cape
Lookout Communications Service. They will be working to bring high-speed internet access
throughout eastern North Carolina with that grant. EDC supports the quality of life enhancements and work in
those communities.
They also support tourism development because it is a large part of the
economy and they proactively support individuals and organizations in developing
tourism. They do not get into the
user end. They develop the product,
working with the Atlantic Beach redevelopment project that will be coming on and
they are working with a convention center task force to develop a new convention
center in the community and the completion of a very important asset for the
eastern part of the county, Core Sound Waterfowl Museum.
Newsletters and other mailings are done to enhance information about the
area. A website is being worked on
that will enhance the image of Carteret County and they work with people like
municipalities to educate and provide more information what EDC is to a
community and of course public awareness. BACKGROUND: The
second reading of an ordinance amending the subdivision ordinance regarding
sketch design plans and other miscellaneous amendments is scheduled for the
September 10 meeting. This
ordinance amendment was approved by a 3-2 vote at the August 13 meeting. Because the ordinance amendment did not receive the required
4-1 super-majority vote on its first reading, it has been scheduled for the
second reading on September 10. A
simple 3-2 majority vote on the second reading would officially approve the
ordinance amendment. A
copy of the same supporting materials that were distributed to the Board of
Commissioners prior to the August meeting for easy review of the issues
associated with this ordinance amendment has been provided for this meeting. The Board discussed this ordinance at the July 9 meeting. The attached ordinance reflects additional language to address some of the concerns raised at the July 9 meeting. An explanation of these changes is included in the summary bullets below. The Board should also note that a formal public hearing has been scheduled to receive public comment on the proposed ordinance. Town Attorney Derek Taylor recently informed us that state law requires a public hearing on all amendments to the subdivision ordinance, just as one is required for amendments to the zoning ordinance. It is Town Manager Rush’s understanding that the Town has never advertised or conducted public hearings for subdivision ordinance amendments in the past, but we will do so for all future amendments. The specific revisions included in the attached ordinance amendment are as follows:
Commissioner Farmer made a motion to approve the Ordinance Amending
Chapter 18 – subdivisions – regarding sketch design plan and other
miscellaneous amendments. The board voted with a split vote of 3-2.
Voting for approval were Commissioners Eckhardt, Farmer and Marks.
Voting against were Commissioners McElraft and Messer. EMERALD ISLE LAND USE PLAN (LUP) a.
Contract with William
Farris for preparation of the LUP b.
Approval of Steering
Committee Composition and appointment of Steering Committee members. BACKGROUND: The Board of Commissioners is asked to take two actions at the September 10 meeting regarding the development of an updated Emerald Isle Land Use Plan. First, the Board is asked to approve the attached contract with William B. Farris for consulting services associated with the land use plan. The total amount of the contract is $48,500, and this contract will be funded primarily with CAMA grant revenues over the next two fiscal years. Second, the Board is asked to approve the formation and composition of a Steering Committee to oversee the development of the land use plan. Specific appointments to the Steering Committee can be made at the September 10 meeting, or at a later date. William B. Farris is an experienced city planner, and is also a former city manager. Mr. Farris also consulted for the NC Division of Coastal Management during its recent revisions to its coastal land use planning program, and is well-qualified to assist the Town of Emerald Isle. Mr. Farris will serve as the primary coordinator and support person for the land use plan update. He will work closely with the Steering Committee, compile necessary background data, facilitate public input, and prepare the draft land use plan for consideration by the Board of Commissioners. A complete scope of work is included in the attached contract as Attachment B. Mr. Farris’ projected schedule estimates approximately 18 months to complete plan, with formal Board adoption targeted for February 2004. Mr. Farris recommends the appointment of a “lead planning group”, or “Steering Committee”, to oversee the development of the land use plan. Mr. Farris recommends a group of 9 to 12 individuals, representing various community interests, for the Steering Committee. After consulting with Mr. Farris, Town Manager Rush suggested that the Board of Commissioners appoint individuals from each of the following groups:
1 - Resident from eastern 1/3 of town limits 1 - Resident from
central 1/3 of town limits 1 - Resident from
western 1/3 of town limits 1 - Member of Town
Planning Board 1 - Member of NC
58 Committee 1 - Commercial
developer who resides in Emerald Isle 1 - Residential
developer who resides in Emerald Isle 2 - Retail
establishment owners who reside in Emerald Isle 1 - Real estate /
rental company owner who resides in Emerald Isle 1 - Member of
Bogue Banks Beach Preservation Association who resides in Emerald Isle 1 - Member of NC
Coastal Federation who resides in Emerald Isle. The suggested
composition calls for a total of 12 members, which is on the high side of Mr.
Farris’ recommendation. The Board
may choose to alter the suggested composition, however, in the interest of an
efficient committee and planning process and Mr. Rush suggested that the overall
size of the Steering Committee not exceed 12 members.
The development of
a land use plan is one of the most important projects a community will
undertake. The land use plan should
involve detailed research, analysis, and public involvement, and should include
all segments of the community. The
final product should be an articulate description of the community’s vision
for the future, and should be relied upon by future elected boards, advisory
boards, Town Managers, and Town staff when making land use policy and capital
improvement decisions. In Mr.
Rush’s view, this particular land use plan update is especially important, as
it is his recommendation that the Board proceed with a comprehensive update of
all of the Town’s development ordinances (zoning, subdivision, etc.) upon
completion of this land use plan update. Ideally,
the land use plan will articulate the vision and policy goals that can then be
incorporated into the Town’s development ordinances. Many of our development ordinances are in dire need of a
comprehensive update, and the development of an updated land use plan is the
most prudent first step in such a comprehensive update.
Mr. Rush also envisions seeking a planning consultant to rewrite the
Town’s development ordinances after the land use plan is completed.
Mr. William Farris gave a review of the process involved in updating a
CAMA Land Use Plan. The following
is a synopses of that process.
The public participation requirements are as follows:
Land Use Plan
Management Topics are: Categories of
local policies essential for proper use, development, and protection of natural
and manmade resources … plan policies must address -
public access -
land use compatibility -
infrastructure carrying
capacity -
natural hazard area -
water quality -
local areas of concern Taking Stock: §
Community concerns and
aspirations sets the stage for plan. The three main elements are: -
existing and emerging
conditions which is the
background for identifying issues and developing the vision. -
Planning issues
… problems and assets related to the management topics -
Vision …
describes what community wants to be and what it wants to look like in future
… must have high level of consensus Trends and
Conditions: §
Documents where the
community is and where its headed … 6 parts -
population, housing, and
economy -
natural systems analysis
… composite map required -
land use and development -
community facilities …
water, sewer, roads, drainage, and other important local facilities -
land suitability analysis
… combines natural systems, existing development, and community facilities …
DCM model available. -
Review of effectiveness
of current policies … may be linked to CP process Plan for the
Future: §
3 required parts … -
land use and development
goals -
policies to achieve these
goals -
future land use map …
shows application of policies “on the ground” §
Policies must address MTs -
must be able to
demonstrate that policies will guide development in manner consistent with MTs -
must evaluate impact of
policies on management topics … negative impacts need a mitigation strategy §
Future land use map -
must be consistent with
natural systems and land suitability analysis -
planned land uses must be
consistent with projected needs Tools for
Managing Development: §
Define the role that the
plan will play in community’s land use and development decisions §
Describe existing
development program – zoning, subregs, etc. – and its role in implementing
the plan §
Describe any additional
tools that will be used to implement the plan -
ordinance amendments -
new ordinances -
projects §
Outline an action plan
and schedule … what, when and who Schedule: 1.
Citizen Participation Plan
Early October `02 2.
Concerns and aspirations
November `02 3.
Existing and Emerging Trends
March `03
and Conditions 4.
Plan for Future
September `03 5.
Revisions and DCM review
December `03 6.
Public Hearing
Jan – Feb `04
This being the process, and there being no public questions, the board
asked their questions.
Commissioner Eckhardt asked, that in working with other groups what the
level of commitment as far as the Steering Committee is concerned?
He thinks he has read that they are talking about possibly monthly
meetings. Mr. Farris answered
the monthly meetings become a key part of the participation process because they
need to be advertised so that interested citizens will attend and are able to
hear what is being discussed and then make comments on it.
It becomes an interval part of the participation process.
The members of that committee act as information sharers also with the
community and so they have to be willing to disburse information, listen to
comments and bring them back to the Steering Committee.
There will be public participation events and that will be outside the
monthly meetings. Generally the
members of the Steering Committee are asked to take an active role in that, not
to just sit and watch, but actually facilitate small groups and that sort of
thing. Whatever they feel
comfortable with, Mr. Farris said they want them to participate in the meetings
and that requires some getting up to speed on how to do that.
There will probably 3 of those meetings. There will be the meetings for draft with the Planning Board
and the Commissioners. It would be
hoped that one or more of those folks along with the Commissioners would attend
the Coastal Resources Commission and make a presentation when the plan comes up
for certification. This committee
is not a non-working committee. It
is a working committee.
Commissioner Farmer noted this is exciting.
The town got the funding for this ahead of schedule for this. The Land Use Plan is out of date. The board has been going on the answers they received from
the Land Use survey that was sent out in 2000 that was patterned after a survey
that had been sent out in 1990-91. That
is helpful but more than that is needed.
Mayor Schools asked Mr. Farris if he anticipates doing a survey?
Mr. Farris replied if the board wants a survey he would certainly do one.
He is not a great surveyor. He
thinks you have to be very careful with some things and someone told him early
on if he was going to use a survey to make important decisions, which he thinks
the land use decisions are important, that he best get someone who is an expert
in that to do the survey. It
bothers Mr. Farris a little to actually do a survey.
It is more like a canvass than a scientific survey.
He would hope that they would be able to use techniques that would
involve an eyeball to eyeball meetings and discussions and participation by the
people who live here and own property here in developing the policy.
Mayor Schools asked about at least several meetings outside board
meetings for citizen participation. Mr.
Farris said the town has to have at least one event, one opportunity.
One town he worked with handled that by having an event in a park on
Saturday and made sure everyone was invited and hot dogs, sodas, and etc. were
served.
Mayor Schools asked about getting citizens more involved. He thinks there are some who have been involved but they are
so far away it is hard to keep them that way.
Mr. Farris said another community he has worked with has had some success
in using their web site for a tool for allowing people who did not live there to
participate and he thinks we want to get this information as it is available
posted on the web site and also make sure people know it is there.
Commissioner Marks made note that there are more non-residents than
full-time residents on Emerald Isle and an effort really needs to be made to get
them involve and get the information to them.
Mr. Farris noted in developing the citizens participation plan he would
spend more time on that issue.
Commissioner McElraft said if we could find non-residents who would be on
the Steering Committee if he would like to have that?
Mr. Farris said if someone can be found that has the time and could
participate, he thinks that is a good idea.
If it is going to be spotty and they don’t have the full information
that is available and develop a relationship with the other Steering Committee
members, it might be a problem.
Commissioner Farmer asked how Mr. Farris knows if the non-resident is
representative of the other non-residents?
Mr. Farris replied he does not think you really every know.
In the Steering Committee the board can do the very best job in the world
of picking people to be on the steering committee but he thinks we need to be
very careful about making that net sweep that these are necessarily
representative of anyone other than the 12 people that on the committee.
He also thinks that people who come to public participation events may
represent almost a focus group, but you would not want to necessarily believe
that the represent the entire community. Mr.
Farris said he has to be careful about checking back with the board because it
does represent the entire community and making sure that a lot of thought is
given to the input that is received.
Carol Angus, Inspections Department Head, ask, in reference to the
schedule dates, what is the approximate time frame for consideration of the
issues that are going to be addressed? Will
Mr. Farris just continue taking these public comments and as the Steering
Committee may come up with something, is that over so many months and then at
that point these are the objectives we work toward?
Mr. Farris said at a certain point, they have to start developing policy.
You stop accepting that kind of input and then you develop policies.
The Steering Committee reviews the policies and makes any adjustments
they want to make and then those go back to Mr. Farris and the community gets a
chance to look at them again and see if in fact they represent what they are
interested in.
Mayor Schools asked for motion for approval of the contract with Mr.
William Farris for coordination and development of the Emerald Isle Land Use
Plan.
Commissioner Eckhardt made a motion to approve the Contract with
Mr. William Farris for coordination and development of the Emerald Isle Land Use
Plan.
Mr. Rush interjected that technically the town has to have permission
from the Division of Coastal Management to name Mr. Farris the planner in charge
for the update. This is just a technicality and he has full confidence that the
permission will be given to the town by CAMA.
He has requested but has not received it from CAMA yet.
He asked that the contract be contingent upon receiving the official word
from the Division of Coastal Management authorizing Mr. Farris as the planner in
charge.
Commissioner Eckhardt amended his motion to include the words
“contingent upon receiving permission from the Division of Coastal Management
authorizing Mr. William Farris as the Planner in Charge. The board voted with a
split vote of 3-2 with Commissioners Marks, Farmer and Eckhardt voting for and
Commissioners McElraft and Messer voting against.
Motion carried.
Commissioner Farmer
referred to attachment “B”, page 2 of the contract 4E. that states,
“Policies related to inlet stabilization and beach nourishment.
Land use and development policies to complement the Bogue Inlet project
and related programs to create healthy beaches”. She asked that the wording be changed to: “Policies related
to the erosion. Land use and
development of policies to address oceanfront, sound front and inlet erosion.”
Commissioner Eckhardt again amended his motion to also include the
wording Policies related to erosion. Land
use and development of policies to address oceanfront, soundfront and inlet
erosion. The board voted with a
split vote of 3-2 with Commissioner’s Eckhardt, Farmer and Marks voted for and
Commissioners McElraft and Messer were opposed.
The next issue concerning the Land Use Plan to be discussed was the
composition of the Steering Committee. Commissioner
Eckhardt noted he would like to see a balance of a strong business and a strong
input from residents who have only interest in their property and town and
develop categories. He would like
to see this balanced. Commissioner Farmer agreed with Commissioner Eckhardt that
we need to nail down what the categories are.
Mr. Rush noted that the website could be used for recruitment.
Mr. Rush said the board would need to appoint the Steering Committee for
developing the plan. This is a
starting point and is intended to be balanced and the number of 12 was arrived
at. If you get much larger than 12 it gets more difficult to manage the group
and he encouraged the board to stay within that range.
Commissioner Marks suggested deleting the Bogue Banks Beach Preservation
Association because what they see is solely on the beachfront and most of these
people are not residents of Emerald Isle and the Coastal Federation has a
separate entity.
Commissioner Farmer agreed with both of those changes.
She does think that we do need representation for sound front and
oceanfront. The list has just been
cut down so maybe one from the sound front and one from the oceanfront.
She also noted that no member of the Board of Commissioners is on it and
would like to see one member added to the list.
Commissioner Marks agreed to go along with this in place of the two she
suggested to delete.
Commissioner McElraft said she feels there should be no member from the
Board of Commissioners on it. She
thinks it needs to be free of any kind of political maneuvering.
She does believe there will be a balance of citizens here and they will,
as Board of Commissioner members, have a chance to give input.
She thinks it would better if one of them is not on it.
Commissioner Eckhardt disagreed with Commissioner McElraft, saying being
a member of a committee recently, they did not have active participation from
the board on that committee and he did not feel the board sanctioned that
committee. He thinks it is important that someone from the board be on that
committee if for nothing else to add credibility to the committee and to
sanctioned the committee from the boards standpoint.
Commissioner Farmer suggested combining the commercial developer and
residential developer and Commissioner McElraft disagreed saying they are two
totally different people in two different zoning areas.
Mayor Schools asked if 14 people would be workable or not workable.
Mr. Farris replied the recommendation he made to Mr. Rush was 9 to 12
members. There were two
considerations there (1) if it gets too large it is difficult to get a quorum
and (2) a large committee sometimes has trouble with decision making.
He said he could not really say 14 are bad and 12 are good.
It needs to stay on the 12 side. If
the board wanted to put 14 on the committee, Mr. Farris feels that would be
something he could work with.
Commissioner Farmer said she would like to try to find a developer who
does both commercial and residential.
Commissioner McElraft said she would like to get rid of the Commissioner
position before getting rid of a developer because of the zoning information is
different and a residential and commercial developer are two different people.
Commissioner Farmer said we do have developers who do both residential
and commercial development. EASTERN
PHASE – BEACH NOURISHMENT PROJECT
a.
resolution Authorizing Issuance of Bonds b.
Update – Easement Acquisition / Potential Condemnations BACKGROUND: Final preparations continue for the implementation of the eastern phase of the beach nourishment project. Two items related to the project appear on the September 10 meeting agenda. First, the Board must consider the attached resolution authorizing the issuance of the bonds for the eastern phase of the project. Second, staff will provide an update on the status of easement acquisition for the eastern phase at the September 10 meeting, and inform the Board and the public about additional actions that may be required prior to the November 16 start date. The bond sale to finance the eastern phase is scheduled for October 8, and a resolution must be approved by the Board in order to proceed with the bond sale. The attached resolution was prepared by Ed Lucas, the Town’s bond attorney, and authorizes the sale of $9.4 million of bonds to finance the vast majority of the eastern phase of the project. The resolution specifies that annual principal payments will be made on February 1 of each year beginning in FY 2004, and that bi-annual interest payments will be made on August 1 and February 1 of each year, beginning in 2003. The term of the bonds is 8 years, and principal will be paid in 8 equal installments of $1,175,000 each. The interest rate will be determined on the date of sale, and is dependent upon market conditions and the Town’s bond rating. The Mayor, Town Manager, and Assistant Town Manager / Finance Officer are scheduled to travel to New York City to meet with the bond rating agencies on September 17. We are hopeful that the Town will receive an “A” bond rating or better, and we are hopeful that this will translate into interest rates in the 3.5% to 4% range for our bonds. Commissioner Farmer suggested she was comfortable with this arrangement. The Town has Edwin Lucas as a bond attorney and a very good town manager. Commissioner Farmer made a motion to adopt the Resolution Authorizing the Bond Sale and the board voted unanimously with a vote of 5-0. Motion carried.GENERAL DISCUSSION: The total project budget for the eastern phase is nearly $10.2 million. In order to secure the most favorable interest rate, it is necessary for the Town to keep its annual debt issues less than $10 million in each calendar year. We intend to issue bond anticipation notes, a form of short-term borrowing, in March or April of 2003 in an approximate amount of $1.3 million in order to finance the balance of the eastern phase project cost and the engineering / permitting work for the western phase. The $1.3 million bond anticipation notes would then be refunded when bonds are sold for the western phase project in the fall of 2003. It should be noted that the term of the bonds is 8 years, however, because of the split nature of the bond sale, principal and interest payments extend into a 9th year. This change will not affect the timing or duration of the special district property taxes used to finance the bulk of the debt service payments. The special district property taxes will remain in place for 9 years; the same schedule presented to the voters prior to the referendum. Town staff and the Town Attorney continue to work hard to secure the necessary easements for the eastern phase project. We will provide an updated status report to the Board at the September 10 meeting. We remain hopeful that the vast majority of oceanfront property owners will return the easements, however, it will likely be necessary to initiate condemnation proceedings for some properties. The Town Attorney and Mr. Rush will present the Board with a list of properties to be condemned either at a special meeting to be held on Friday, September 27 (date is flexible, can be held on September 25 or 26 if necessary) or at the regular October meeting scheduled for October 8. The condemnation process is fairly straightforward. After the Board authorizes the condemnations, the Town Attorney will file necessary documents with the Clerk of Court, and the condemnation would be effective 30 days after filing. This schedule will insure that necessary easements are in place prior to the November 16 start date of the project. Mr. Rush updated the board on where the bid packages are on nourishment. Mr. Rush is in the process of drafting a portion of an addendum for the bidders. That was sent out this afternoon. There will be a more detailed addendum faxed to bidders tomorrow. Essentially, the bid package has been amended to change the scope of the eastern phase of the project. Initially, the document had been prepared for a base bid of about 1.5 million cubic yards of sand over a 4 and one-half mile stretch of beach that would go from the Indian Beach Town line to roughly Cedar Tree Lane. Also there were two alternates, each for 230,000 cubic yard and each was roughly 1 and one-fourth miles. Alternate 1 would go from Cedar Tree Lane to Santa Maria and Alternate 2 would cover the area from Santa Maria to Cedar Street. In response to some concerns from the dredging companies at the pre-bidding meeting last week, the scope of the project has been amended. The alternates have been eliminated and essentially combined the original base bid and the original Alternate 1 into the project so that the project now involves a total of approximately 1.8 million cubic yards of sand spread over approximately 5.7 miles of beach. It is felt that will make the bids more attractive for dredging companies. It is also the belief that the town will have ample time in the dredging window to complete that work. The second significant change is in strategy regarding turtles. As far as a hopper dredge is concerned, and the town is requesting both hopper and cutter head dredge bids, with the cutter head dredge there is very little possibility of taking turtles. It could happen but is very unlikely. Hopper dredges are the mechanism that would involve turtle risks. The bid document has been amended such that the town would compensate the dredging companies for downtime associated with turtle takes. The town would also provide time extensions. This should result in a more competitive bid price for hopper dredges. The bids are due on Thursday, September 19th at 2:00 P.M. Initially the deadline had been set for September 17th and the town has provided an extra couple of days in order to meet the legal deadlines and also provide a few extra days for the dredging companies to recheck their numbers. These changes will require some careful budgeting based on the actual bids received in order to wind up with a project that is within budget and that will provide the necessary storm protection. A meeting will be set up for Friday, September 27, 2002 at 9:00 A.M. for the board to discuss the bids received. There is some possibility that meeting will need to be rescheduled if the required 3 bids are not received on the bid date. An awful lot of work has been completed in the last month or so to make the bond sale a reality. Mr. Rush said both he and Ms. Overman have put a lot of time into that. Commissioner Marks asked if we should run into a problem with the quality of sand could we ask them to stop and move? Mr. Rush said we can move them as often as we like. In terms of meeting our costs as well as providing for a efficient operation, they will generally move every couple of days. Anchoring, from his understanding, takes some time and once you get them anchored, you pretty much want to keep them anchored for a couple of days in terms of maintaining efficiency. We can certainly redirect and move them to another location. Some downtime charges may be incurred for doing that and this is one of the things he would like the board to discuss when evaluating cutter head Vs. hopper dredges at the Special Meeting. It can be done but it will not be done without costs in order to do it the same day. Hopper dredges, to his understanding, is very easy to move. Commissioner Farmer said significant information was received yesterday as they had been told by the contractor that the control the town would have over the quality of material is pretty much the same with hopper dredges and cutter heads and what was heard last night from Mr. Rush was that in fact they stay in place for two days and you either end up with two days of quality material or you stop and pay a penalty. What would be important for her to hear is what short of penalty is being talked about and what sort of conditional charge would there be to move? Mr. Rush replied as part of the bid, they would be giving a cost for downtime whether it be for turtles or relocating the cutter head dredge, etc. The town would be able to make an assumption in doing that. Once the bids are in hand, Mr. Rush feels the board will be able to make an assumption and estimate what that cost might be. Mr. Rush gave an update on the easements for the beach nourishment as of this date. A total of 370 out of 483 easements that are suitable for recording or have already been recorded. That leaves the town with 176 that are still outstanding. Reminder letters have been sent out to people after the last board meeting in mid-August. The town is still waiting. Quite a few have been received back in the last few weeks. At some point in time, in the very near future, Mr. Rush will be approaching the board with a list of properties that will need to be condemned for the beach nourishment project. It is certainly the goal of the town that list be small as possible but at this point it is intended for the list to be brought to the board either at the September 27 Special Meeting or the October 8 regular board meeting. Mr. Rush would like to stretch it to the October 8 board meeting to provide an ample amount time for the people to get the easements back. It is a fairly straightforward process. Once the board approves the property for which the easements will be condemned, an action will be filed with the Clerk of Court for a 30-day period, and then the condemnation is effective. The Town Attorney can explain the legal process in more detail but this is essentially what is entailed. Attorney Taylor, in answer to a question from Commissioner McElraft regarding the condemnations, replied there is a statutory requirement for us to give a Notice of Condemnation or Notice of Action. He would not let it go out “cold”. There will be a letter trying to explain the towns position. We are not trying to be “mean”. This is because a pipe traveling down the beach cannot stop at one property line, skip over and go to the next. That is just what we have to do. We have to bring this condemnation proceeding. He will then generally explain the towns position that we have quick take authority which means once we have actually filed action, we have a right to start doing what we want to do with the property and the only thing left is whether is should be bated or not. He also always recommends that they talk to their attorneys but he will give the statutory references. There will be some people that the town will be working with that have died, people who have divorced, people who have transferred things into trust with no trust documents recorded for us to know who has statutory authority to sign these easements. We have a vast array of these complicated situations that we are still trying to resolve on a daily basis. We can actually notify people of condemnation to meet the statutory requirements but we don’t really intend to take their property so that needs to be in the letter. “We have to do this now and we recognize that you are one of these people who have responded in the past and we are talking to you about fixing the problem. This is statutory in nature and we have not said we are going to take your property. You are not really in the group but in case we don’t work it out, you have been notified that we are going to consider taking the easement, not the whole property, that we need to do beach nourishment”. Attorney Taylor said he and the board would talk about what they wanted in the letter but he would have some suggestions for change in softening it or hardening it. Attorney Taylor said it is his hope that many, and he thinks a percentage of the 176, have stuck it in a file somewhere and the next letter comes and that goes in the same file, that the Notice of Condemnation says no more files. We have to do this now. He is still getting phone calls from people who say they have laid the letter down and forgot about it. “I got that letter and it sounds nasty. Maybe I had better do something with it”. Attorney Taylor said the next one would be even worse. It will not be mean but it will be absolute. Ms. Overman indicated she was going to get on the phone next week and start doing some reminders. Commissioner Farmer agreed with Commissioner McElraft that people need to know how easy this is to do. Commissioner McElraft asked if in the letter it could be mentioned that it is a long process, it is an inconvenience for the town and it is costing citizens and taxpayers a lot of money and the town is going to do it anyway. Attorney Taylor said he would have flexibility on anything the board wanted included in the letter. He thinks this is a legitimate thing to include. Mayor Schools asked when the letter would go out? Attorney Taylor replied either it would be at the September 27th Special Meeting where he will provide the board with a list and ask for permission to go ahead and get a letter then or it can be done at the October meeting. He will need a 33-day time limit. 30 days required by Statute and another 3 days for mail. Commissioner McElraft asked about sending the letter Certified Mail. Attorney Taylor indicated he did not think it was necessary but if the board said spend the extra money, he would send them Certified or Registered. Attorney Taylor said on some, they have an address of an owner but that owner is one of five owners and we do not have the addresses for the other four owners. We have to communicate to the one owner to find out how to get in touch with the other four owners. Mr. Wayne Yelverton, 6611 Ocean Drive, said he has received the letter. Condemnation seems serious in his mind. First of all, you must compensate for taking. His son is involved in these things in Raleigh and it costs his developer literally hundred of thousands of dollars to condemn. The easement does not give us a definite story of what you are talking about. In talking to a fellow who handled these things down at Kure Beach, etc. say you have a plat or a plan telling you what they are taking, say the easement portion. We say it is from the line of vegetation to the high water mark. On his plat it says he owns so many feet. The portion, he guesses what is being talked about on his property, is assessed at $80,000. It is pretty important property. He is paying $800.00 a year taxes on that now. He would imagine that he is not alone when others say, “wait a minute. What are we talking about here? Are they taking our land forever”? Mr. Yelverton related to a case on a Mr. Basnight on the outer banks who got a statement from the legal people and the State, which brings up another question. It says that public money is used to nourish or cover land reverts to the State. In so doing, he would assume he would no longer own it therefore he should no longer be taxed on it. These are things that should be worked out. The board may get a lot of information or rejections from the 100 or so, particularly those out-of-state who have investment property here. Mr. Yelverton said these are his concerns and questions and has sent them to Mr. Rush and the Board in which he expressed these points and conversation part. It is called “takings” when you take someone’s property with condemnation and it cannot be done without compensation or at least this is his understanding. He is an engineer not a lawyer. He has always dealt with property in practically absolutely free of terms and he feels this should be his concern and others concern as to these terms and whether they are or are not valid. Mayor Schools thanked Mr. Yelverton for his comments.RECOMMENDATIONS TO USACE – BOGUE INLET CHANNEL REALIGNMENT PROJECT DELIVERY TEAM BACKGROUND: The Town is moving forward with the development of the environmental impact statement (EIS) for the Bogue Inlet Channel Realignment project. In an effort to keep the various resource agencies and stakeholders knowledgeable and involved in the project, the Corps of Engineers is forming a Project Delivery Team to participate in the development of the EIS.The Project Delivery Team is being created by the Corps, and the ultimate decisions on the members of the Project Delivery Team rest with the Corps. (Technically, the Bogue Inlet EIS is being prepared by the Corps, however, they are delegating responsibility for preparing the document to the Town and its consultants. If the Corps finds the EIS acceptable, they will essentially put their “cover sheet” and “seal of approval” on the document, and it will officially become their document.) The Corps is soliciting recommendations from the Town regarding other interested stakeholders that the Town would like to include on the Project Delivery Team. The Project Delivery Team does not have any official authority in the EIS process; it is simply a mechanism to solicit input from interested stakeholders and to keep them informed about the project. Final decisions are reserved for the Corps of Engineers and the NC Division of Coastal Management, after consulting with the various state and federal resource agencies. The Corps has already identified over 40 individuals / entities for the Project Delivery Team. Notable members include representatives from the various state and federal resource agencies, Corps personnel from other divisions within the Corps, Carteret County, Onslow County, Hammocks Beach State Park, the NC Coastal Federation, the Bogue Banks Beach Preservation Association, the NC Shore and Beach Preservation Association, and the Environmental Defense Fund. The Corps has requested that the Town recommend property owner(s) near the Point to serve on the Project Delivery Team, and will also consider any additional recommendations from the Town. Mayor Schools has previously contacted the Board about possible recommendations from the Town. Two property owners at the Point identified to serve on the Project Delivery Team are Mr. Ed Murphrey, 11203 Inlet Drive (oceanfront), and Mr. John Kilgore, 105 Bogue Court (on the channel). In addition to the individuals / entities already included on the Corps list, the following individuals / entities have been suggested by various Board members: Fishing / boating interests Mr. Clyde Phillips, Commercial Fisherman – Swansboro Town of Swansboro Mayor Paul Egerton or Town Manager Larry Faison Geologist Dr. John Wells, UNC Institute of Marine Sciences Bird Expert Mr. John Fussell, Consultant – Morehead City Mayor Schools and Town Manager Frank Rush will serve as the official Town representatives on the Project Delivery Team, however, other Board members are welcome to attend these meetings if interested. The Board will need to finalize its recommendations for the Project Delivery Team at the September 10 meeting. If there are other potential recommendations beyond those identified above, please be prepared to discuss them at the September meeting so the Town’s recommendations can be forwarded to the Corps. The Corps has requested that Carteret County be named as a co-sponsor for the Bogue Inlet EIS and permit process. This request was initiated by the Corps because of the County’s sponsorship of the federal Shore Protection Project, which is currently in the Feasibility Study phase. The Corps’ regulatory unit would like to include the County because Bogue Inlet is also being considered as a potential sand source for the Shore Protection Project, and there may be some related issues. Additionally, the County is the co-permittee, along with the towns of Emerald Isle, Pine Knoll Shores, and Indian Beach, for the local Bogue Banks beach nourishment projects. The Board will need discuss this request at the September 10 meeting and convey its position to the Corps. DISCUSSION: Commissioner Eckhardt commented as he went through the list he tried to think of a filtering mechanism. The town is paying the full amount on this thing and he feels we have a steak in making sure we have a good committee.Mayor Schools indicated in the meantime he had called those on the list and asked if they would like to be represented and all have said yes. Mr. Clyde Phillips came to the first meeting that was held and was concerned about what is going to happen with the inlet regarding the fishing industry. Commissioner Eckhardt said he could go along with that but Swansboro he is still struggling with. Mayor Schools said this is a recommended list for the Corps of Engineers and they will decide whom to appoint anyway. Commissioner Eckhardt said he did not want these to be political. He wanted people who respresents our community and people who represent adjacent communities who might be affected. Mayor Schools said if it was decided not to put some of the names on the list, if they were still interested, they could contact the Corps and ask to be considered. Mayor Schools asked if what he was hearing was that the list be sent back with the exception of Swansboro? Commissioner Eckhardt clarified the list by reading the names of John Kilgore, Ed Murphrey, Clyde Phillips, Mayor Schools, Frank Rush, Cedar Point, Dr. Wells, and Mr. Fussell. Commissioner Farmer commented she still had some problems. The board has been struggling with this one and the issue is whether the Bogue Banks Beach Preservation Associations should be on it. Commissioner McElraft feels very strongly they should be. She feels equal strongly that they should not. The people who are on the BBBPA who live in Emerald Isle, that live at the Pointe, have already been put on. They are representing themselves. She does not see why there is representation for Indian Beach and Pine Knoll Shores on Emerald Isle’s project. The solution that Mayor Schools had suggested was that John Kilgore be not only a representative for the Pointe Homeowners Association but he also be a representative for the BBBPA’s point liaison committee. Commissioner Farmer was willing to compromise with that but she does not really understand why they need another seat. Mayor Schools said the Corps was not asking whether these folks be recommended by the town, they have put them on there. Commissioner Farmer said she understands that but she would like for the town to request they be removed. She would also like the town to request that NC Shore and Beach be removed. They are not an environmental group and know nothing about the environmental impacts. They cannot help the town with that. They are certainly a lobbying group for beach renourishment but the voters in Emerald Isle have already decided we are going to do beach renourishment. She does not see they are bringing anything to the table. Furthermore, the person who is requesting to be put on the PBT, Harry Simmons, Mayor of Oak Island, and she thinks Oak Island’s project is a perfect example of why we want a good EIS. They ended up with rocks all over their beach. They ended with a moot between the beach and ocean front properties that the town then had to fill at additional taxpayer expense. She does not see they would be bringing anything to Emerald Isle’s Project Deliver Team at all. Mayor Schools said if we want to put the request in but the Corps has said they really didn’t want an attitude to take off or add. Commissioner Farmer said that was not her understanding because the e-mail Mickey (Sugg) sent to her was that they could add or remove. Commissioner McElraft argued the Corps has already gotten letters from these people and they have as much reason to be on that board as the Coastal Federation does. This is a project development team. They are for the project. They want to develop the project and they should be on there and they are on there. Commissioner Farmer commented she wanted the town request they be removed. Commissioner Marks noted they may represent ocean front owners and ocean front concerns. This project has been approved by the voters in Emerald Isle and the town is going forward with the project. The concern now is the environmental issues that are coming before the town with this project. It is not whether or not it is going to happen, we are not trying to sell anyone on the idea, it will happen. It is a case of what are the environmental impacts with this move and what kind of constraints do we have in making this move. Will we have a 300-foot wide channel? She does not think so. She thinks that would have a large impact on Swansboro and Cedar Point but she does not think we need groups who are pro beach nourishment to sit on an environmental project and discuss environmental issues. Commissioner McElraft argued that Bogue Banks Beach Preservation and NC Shore and Beach are advocates for this project. She felt we need advocates to deal with the permitting agencies as much as those who are against this are needed. Commissioner Marks said if the town were against it, they would have stifled this project a long time ago. The board has said from day one, whatever the owners voted, they would go along with and now it is a case of getting an Environmental Impact Study done that will facilitate this. Commissioner McElraft said the Coastal Federation has come out against the project. Commissioner Farmer interjected “They absolutely have not”. Commissioner McElraft said we need a balance on here and she thinks the Corps of Engineers have already sent letters to the Bogue Banks Beach Preservation and they have already selected their member. The NC Shore and Beach have selected their member and they are on the project development team according to the Corps of Engineers. Commissioner McElraft further said she does not wish to ask the Corps to take them off. Commissioner Eckhardt said he talked about a filtering mechanism before and he is going to stick by it. He thinks we are talking about two motions. (1) to recommend the people that is being recommended from the town perspective and (2) to decide whether the board wants to recommend to the Corps or request the Corps take someone off. Mayor Schools asked for a motion. Commissioner Marks made a motion to recommend John Kilgore, Clyde Phillips, Ed Murphrey, Jane Koroly of Town of Cedar Point, John Fussell a bird expert.COMMENTS FROM THE TOWN CLERK, TOWN ATTORNEY AND TOWN MANAGER There were no comments from the Town Clerk nor the Town Attorney. Mr. Rush also updated the Beach Access / Parking Plan.
Alesia Sanderson, Parks and Recreation Director and Mr. Rush continue to develop
a specific beach access / parking plan for the Board and the public to review
later this fall. Ms. Sanderson
escorted representatives from the Corps of Engineers on a tour of the public
access and parking available in Emerald Isle last week, and we are hoping to
receive additional feedback from the Corps in late September or early October.
Depending on the timing of this feedback, Mr. Rush anticipates that Ms.
Sanderson and he will present their recommendations to the Board and the public
in either October or November.
Mr. Rush cleared up a confusion in the community is that this parking
plan and any parking requirements are in no way associated with any the locally
funded beach nourishment project that the town is getting ready to undertake.
That parking issue as far as the beach nourishment, according to Corps
standards is really a long-term federal beach nourishment project which is
currently in a study period and construction, if it occurs, would likely be
sometime before the end of this decade. The parking issue has nothing with the
locally funded beach nourishment project. The town is proceeding on with those
projects and expects to start construction on November 16th, 2002.
On a related note, there is currently one regular parking space in the Ocean Drive right-of-way behind the Emerald Isle Mini-Mart (Citgo) near the 15.5 mile marker. This space is limited to 30 minutes only, and has existed for several years. Ms. Sanderson’s staff will soon be constructing aesthetic and functional improvements to this parking space to illustrate to the community what potential spaces at other locations in the Ocean Drive right-of-way might look like. Property tax bills were mailed on Friday, September 6. These tax bills include the special district taxes for beach nourishment, and there may be some property owners who question the larger tax bills this year. We had hoped to have the tax bills mailed by late August, however, Town staff had to spend considerable time updating tax and solid waste information in the Town’s computer system. With low mortgage interest rates this year, there were also many refinancings that required updating of information. Penalties and interest on unpaid taxes begin in January. Thanks to Gustauv, we were spared the blunt of the storm but did have a lot of rain at the end of August. The town did implement pumping at three locations in the vicinity of Coast Guard Road, Island Circle and Wyndtree Drive on Labor Day. Mr. Rush thanked the Public Works staff for their efforts regarding this matter. They were called and they responded in excellent fashion. The pumping has helped relieve some of the flooding in those areas. It did make a positive impact but it may be have been exactly what the people wanted. The water from those pumps are being discharged into a dune trough out on the ocean front which is completely legal and acceptable and the town contacted the Division of Water Quality and the Division of Shellfish before doing that. The water has not reached the ocean. It is still going into the sand. Another issue for update is the continuing efforts for enforcing the Solid Waste Ordinance. There does not appear to be as many problems after the Labor Day Weekend that we would have had if the weather had been a little nicer. Ms. Georgia Overman, Assist. Town Manager and Finance Officer said that since April 7th, she has sent notifications to 168 residents in town for violation of the garbage ordinance. She focused on overflow. She did not take the time to stop and say “well that house looks like it has 5 bedrooms so it should have 5 more cans or whatever”. Her intent, at the beginning of this, was to take the Real Estate Rental Broachers, because it lists the number of bedrooms in those broachers and make a spread sheet so that when she got to a persons place on Ocean Drive or where ever, she would know by the rental broacher and the spread sheet how many cans she should see on the street. You cannot just look at a house and know how many cans they should have. In every one of the instances, she sent the property owner a copy of the ordinance and highlighted the section on tight fitting lids, the minimum on rental per 30 gallon per bedroom and other sections that were prominent that the town is trying to enforce. The first time, she sent a letter along with a copy of the ordinance. She ran into a lot of them had been sold so a lot of them were returned. The other problem was “what do you want me to do about it. I am not there. What can I do about it”? In turn they called the real estate company and got more cans provided or did whatever they had to. Ms. Overman feels the town should take a longer look at the garbage ordinance because there are just some things that are not working. You do have repeat offenders. She related to what she and Mr. Rush saw today which was a 90 gallon cart in a rack, it faces the street and it is suppose to have the opening facing the street; however this person had the 90 gallon can in a rack that was facing the street but he had a board stapled across the front if it. You cannot take the can out of the rack. The ordinance does need some work. Commissioner Eckhardt encouraged Ms. Overman to do it sooner than later because last winter went by a lot sooner than he thought it would. He encouraged her to come to the board as soon as possible so they could get started on it. Mr. Rush said his and Ms. Overman’s efforts would be to come up with some alternatives for the board to consider at by January 1st so decisions could be made and there would be ample time to implement them prior to tourist season.A Special Meeting has been set for September 27, 2002 at 9:00 A.M. to discuss the Eastern Phase Beach Nourishment Project. The bids for the beach nourishment project are due on Thursday, September 19. However, it is possible that we will not receive the required 3 bids at that time, and will be required to re-advertise for an additional week before opening bids. We may also discuss condemnation of oceanfront easements at this special meeting if necessary. COMMENTS FROM THE BOARD OF COMMISSIONERS AND MAYOR
There were no comments from Mayor Schools, Commissioners McElraft,
Messer, Marks, Farmer and Eckhardt. Commissioner Farmer made a motion to go into closed session and the board voted unanimously with a vote of 5-0. Motion carried. Commissioner made a motion to return to regular session and the board voted unanimously, 5-0. Motion carried.Commissioner Farmer made a motion
to adjourn with the board voting unanimously, 5-0.
Motion carried.
The meeting was adjourned at 10:40 P.M.
Respectfully submitted,
Carolyn K. Custy
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