September 10, 2002 Agenda
September 10, 2002 Minutes

ACTION AGENDA
REGULAR MEETING OF THE EMERALD ISLE
BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 10, 2002
7:00 PM - EMERALD ISLE TOWN HALL

  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Adoption of Agenda
    (Adopted with changes 5-0 vote)
  5. Public Announcements
  6. Proclamation – Patriot Day (September 11) – “A Day of Remembrance and Recognition”
  7. Presentation to Planning Board Chairman Phil Almeida
  8. Consent Agenda
    1. Minutes of Regular Meeting – August 13, 2002
    2. Minutes of Special Meeting – May 29, 2002
    3. Minutes of Special Meeting – May 30, 2002
      (Approved with changes 5-0 vote)
  9. Public Comment
  10. Ordinance Amending Chapter 18 – Subdivisions - Regarding Sketch Design Plans and  Other Miscellaneous Amendments
    (Approved by 3-2 vote Eckhardt, Farmer, Marks For, Messer, McElraft Opposed)
  11. Emerald Isle Land Use Plan (LUP)
    1. Resolution Authorizing Contract with William Farris for Preparation of the LUP
      (Approved with amendment 3-2 vote, Eckhardt, Farmer, Marks For, McElraft, Messer Opposed)
    2. Approval of Steering Committee Composition and Appointment of Steering Committee Members
      (Approved 3-2 vote Eckhardt, Farmer, Marks For, McElraft, Messer Opposed)
  12. Eastern Phase – Beach Nourishment Project
    1. Resolution Authorizing Issuance of Bonds
    2. Update – Easement Acquisition / Potential Condemnations
  13. Presentation – Carteret County Economic Development Council
  14. Presentation – Distance Learning Opportunities
    (No Action)
  15. Recommendations to USACE – Bogue Inlet Channel Realignment Project Delivery Team
    (Approved with changes 3-2 vote Marks, McElraft, Messer For, Eckhardt, Farmer Opposed)
  16. Comments from Town Clerk, Town Attorney, and Town Manager
  17. Comments from Board of Commissioners and Mayor
  18. Closed Session - Attorney-Client Privilege, pursuant to NCGS 143-318.11 (a) (3)
  19. Adjourn

UNAPPROVED
MINUTES OF REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 10, 2002
7:00 P.M. – TOWN HALL
            Mayor Art Schools called the meeting to order at 7:00 P.M.

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 AGENDA

            Commissioner 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 ANNOUNCEMENTS

            Mayor 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.

 

 

______________________________

Mayor

 

 

______________________________

Attest

 

 

 

PRESENTATION TO PLANNING BOARD CHAIRMAN PHIL ALMEDIA

In 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 AGENDA

a.                 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 COMMENT

            None.

PRESENTATION – DISTANCE LEARNING OPPORTUNITIES

            Dr. 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

 

 

  • Context:  CCC Mission—To enable all kinds of learning for county and eastern NC citizens
    • Growth of Distance Learning at CCC
    • Western Carteret Library
    • Video-conference capability of the campus Center For Marine & Science Technology (CMAST)

 

  • Who is a Distance Learner?
    • Mid-life adult updating job skills or retooling for a new career
    • Young adult seeking Certificate, Associate Degree, or Baccalaureate degree
    • High school student in dual-enrollment program
    • Retiree who “never got around to taking psychology”
    • One who recognizes the Internet as a viable delivery mode for instruction
 

  • Two Approaches
    • Curriculum courses (for credit)  
    • Continuing Education courses (non-credit)

 

  • Increased # of Courses and Enrollments
    • NEW:  Paralegal Technology, Criminal Justice, Early Childhood Development
    • IN HIGH DEMAND:  Business Technologies
    • VIDEOCONFERENCING:  Aquaculture Technology (In partnership with Brunswick CC)
    • College transfer courses, especially teacher training (In partnership w/ ECU)

 

  • #1 among 58 NC Community Colleges in the % of Online Class Membership Hours Generated
    • Evidence of faculty commitment to distance learning
    • Indication of viability of this form of teaching/learning
    • Affects funding in a very positive way
    • Impetus for continued expansion and enhancement of instructional technology
 

  • Western Carteret Library
    • NOT intended as a “standalone”…..instead:
    • A point of “e-connect” for this part of the county
    • Training in how to use a computer and the Internet
    • Useful to businesses and schools
    • Help for families without a home computer or Internet access

 

  • Share YOUR Knowledge & Serve Your Community:  Become an Adjunct Faculty Member !

 

  • For More Information
    • Distance Learning in general:  Kay Dennis, 222-6397 (ksd@carteret.cc.nc.us)
    • Corporate & Community (Continuing) Educ.:  Kris Workman, 222-6204 (krw@carteret.cc.nc.us)
 

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 DEVELOPMENT

Mr. 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.

 

ORDINANCE AMENDING CHAPTER 18 – SUBDIVISIONS – REGARDING SKETCH DEISNG PLANS AND OTHER MISCELLANEOUS AMENDMENTS

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.

            Also The Board of Commissioners is scheduled to consider several proposed amendments to the subdivision ordinance at the August 13 meeting.  These ordinance amendments address several separate issues that are summarized with bullets below.  The proposed amendments are indicated in the attached ordinance with the underline feature (identifying new language) and the strike-through feature (identifying deleted provisions). 

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:

  • The most significant revision is a new requirement for a sketch design plan that would be submitted prior to the preliminary subdivision plat.  This sketch design plan would not include the level of detail included in a preliminary plat, and would not necessarily have to be prepared by a design professional.  The sketch design plan would include a general representation of the site conditions and the applicant’s general plan for the subdivision of the site.  The intent of the sketch design plan is to promote dialogue between the applicant, staff, and Planning Board at an early stage of the development review process, prior to the expenditure of significant amounts of time and money on the part of the developer.  This is a fairly common practice in other jurisdictions, and although it represents an additional step in the review process, it is the belief that it would foster better relations between applicants and the Town’s representatives.

 

  • A narrative from the applicant describing the proposed subdivision would be required at the preliminary plat stage.  The new ordinance would also require the applicant to submit a statement that the subdivision proposal is in conformance with applicable town ordinances.

 

  • At the preliminary plat stage, proposed finish grades would be required in addition to existing topographical features.  In practice, it will be important to recognize that the proposed finish grades may only represent the applicant’s best intentions at the time of subdivision (if there are no immediate plans for construction), and that these grades may be adjusted when actual construction occurs on the site.   

 

  • The proposed ordinance requires all new utilities, including electric lines, to be installed underground.  This is a common practice in new subdivisions in other jurisdictions, and will enhance the appearance of the community.  In response to a question at the July 9 meeting, Planning Board member Art Daniel contacted Carteret-Craven Electric Cooperative to discuss this issue.  Carteret-Craven indicated that it is their policy to require all new electric lines to be placed underground in their service area, but that they have deviated from that policy on two occasions in recent years, both in Emerald Isle.  

 

  • The proposed ordinance requires the construction of new sidewalks on one side of the street in new commercial subdivisions.  There was some discussion about the timing of sidewalk installation at the July 9 meeting, but no consensus emerged to change the language that was presented.  As it is currently written, the proposed ordinance would require the installation of sidewalks prior to final plat approval, and would be handled in the same manner as new road construction.  The Board should note that this provision would only apply to new commercial subdivisions, and would not apply to already-subdivided commercial property in Emerald Isle.  In the future, the Board may want to consider whether or not this provision should be extended to all new commercial properties (on already subdivided lots) as they develop.  Such a requirement would be incorporated into the zoning ordinance.

 

  • The proposed ordinance includes more specific guidelines for conditional approval of preliminary plats.  In response to comments at the July 9 meeting, additional language has been inserted that requires the signature of the Planning Board chairperson on an updated preliminary plat (that contains the required changes) that would be submitted to the Board of Commissioners for consideration.  In essence, a preliminary plat granted conditional approval by the Planning Board must be updated to reflect the changes before it is considered by the Board of Commissioners.

 

  • A new requirement for detailed construction drawings for proposed subdivision improvements (streets, drainage features, etc.) to be submitted with the preliminary plat.  This is a common requirement in other jurisdictions.  Town Manager Rush will soon be soliciting qualifications from professional engineers to provide periodic general engineering assistance to the Town, and the review of these detailed construction drawings will be one component of the engineer’s work for the Town.

 

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: 

  • Citizen participation is the central element of the process.  A “Lead Planning Group” is required and that is a local government’s decision.  At least two participation methods must be used, i.e. town meeting, forum, open house, etc.  The process must be tailored to the Town’s objectives and groups to be involved.  It must offer opportunity for non-resident property owners to be involved. 
  • Adoption of the CP Plan is required and the early target is October. 

 

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.

            Commissioner McElraft made a motion that these 14 members be approved for the Project Delivery Team, 1 resident from the eastern 1/3, a resident from the central 1/3 of town limits, a resident from the western 1/3 town limits, a member of the Planning Board, a member of the North Carolina Hwy 58 Committee, a commercial developer who resides in Emerald Isle, a residential developer who resides in Emerald Isle, 2 retail establishment owners who reside in Emerald Isle, 1 Real Estate Company owner who resides in Emerald Isle, a non-resident property owner, a Commissioner, a sound front resident and an ocean front resident.

            Commissioner Eckhardt remarked he thought some of the numbering the board was having problems with is he was assuming there would be 1 retail establishment owner on it.  Commissioner Messer agreed that is what he thought too.

            Mayor Schools asked if the board was clear on the 14 people and they all indicated they were.

            Commissioner Eckhardt had one other item and said he did not want to put anyone on the spot but he was interested in Pat Patteson’s input as far as the commercial and residential developer is concerned because he has done both.  Commissioner Eckhardt agreed with Commissioner McElraft that as far as the ordinances are concerned it two different things but he thought one person could be picked to cover the whole thing.  Mr. Patteson also agreed with Commissioner McElraft that what we have going on in the future is an awful lot of commercial development and he thought we need to be very concerned about that.  He thought the town would need somebody who is more commercially.

            Commissioner Farmer commented she thinks there are developers in town who can do both and who are familiar with ordinance for both and familiar involved.  She thinks that could be cut down to one.

            Commissioner Eckhardt asked to go over, one more time, where the board ended up.

            Mayor Schools gave the following list.  1 from the eastern 1/3, one from the central 1/3, one from the western 1/3, one member of the Planning Board, one member of NC 58 Committee, one commercial developer, one residential developer, two retail establishment owners, one Real Estate owner, one sound front, one oceanfront, one Board of Commissioners and one non-resident owner.

            Mayor Schools called for a vote.

            The board voted, with a split vote of 3-2.  Voting to approve the list were Commissioners McElraft, Messer and Marks.  Commissioners Farmer and Eckhardt were opposed.  Motion carried.

            Mayor Schools reminded the public that the town will need their input for the land use plan.

            Commissioner Eckhardt commented he feels the town can really get into getting people interested in the project.  It is probably one of the most important things and he was wondering how that could be done and asked for any ideas.  The town really needs to really let the people know what their level of input is going to have to be, what they are going to be doing, etc.

            Mayor Schools commented that he assumes that everyone agrees that this land use plan is probably the most important thing for the next 15 to 20 years.  We need to get the word out to all of the citizens that it is very important and those who have a desire for a long-term benefit for Emerald Isle that this is the time to make their voices heard.

            Mr. Rush said town hall will make people aware of this issue and will post it on the website.  He also feels the best way is by “word of mouth”.

            Mr. Farris said he has scheduled an informational segment for the Board meeting in October and at the same time adopt the Citizen Discussion Plan. 

            Mr. Rush said he has anticipated getting an AD together that would spell out the composition, communicate the time frame and give people until Friday, September 27th to get a letter of interest in and be able to circulate that to the board the next day and have appointments ready by October 8th. 

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