The Town of Emerald Isle, North Carolina

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Commissioner's Minutes

 

February 11, 2003 Agenda
February 11, 2003 Minutes

Action Agenda
REGULAR MEETING OF THE EMERALD ISLE
BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 11, 2003
7:00 PM - EMERALD ISLE TOWN HALL

  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Moment of Silence To Honor Space Shuttle Columbia Astronauts
  5. Adoption of Agenda
    (Approved 5-0 vote)
  6. Public Announcements  
  7. Consent Agenda
    1. Minutes of Regular Meeting – January 14, 2003
    2. Tax Refunds / Releases
    3. Revised Resolution Authorizing Grant Application to the NC Division of Water Resources for Entrance Channel Dredging
    4. Budget Amendment – Beach Nourishment Fund
      (Approved 5-0 vote)
  8. Public Comment
  9. Ordinance Amending Chapter 19 – Zoning - Dunes and Vegetation (2nd Reading)
    (Tabled to workshop 5-0 vote)
  10. Ordinance Amending Chapter 19 – Zoning - Dunes and Vegetation (Additional Amendments)
    1. Public Hearing
    2. Consideration of Ordinance
      (Pulled from agenda)
  11. Public Hearing – FY 2003-2004 Budget
    (No comments, No action)
  12. Interim Report from NC 58 Committee - Sidewalks / Bicycle Paths
    (No action)
  13. FY 2003-2004 Budget Calendar
    (Approved 5-0 vote)
  14. Park Development at Coast Guard Road Storm Water Site
    1. Update on Efforts to Date
    2. Selection of Name for New Park
    3. Date for Opening Celebration
      (Approved 4-0 vote , Messer abstained)
  15. Discussion - Solid Waste Service Options
    (No action)
  16. 2003 Street Resurfacing Contract
    1. Budget Amendment
    2. Resolution Authorizing 2003 Street Resurfacing Contract
      (Approved 5-0 vote)
  17. Discussion – Groins and Jetties / Bogue Inlet Channel Relocation Project EIS
    (Letter to be written to Corps and CPE that jetties and groins not be included in EIS - majority of board)
  18. Comments from Town Clerk, Town Attorney, and Town Manager
  19. Comments from Board of Commissioners and Mayor
  20. Adjourn

MINUTES OF REGULAR MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 11, 2003 – 7:00 P.M. – TOWN HALL
            Mayor Schools called the meeting to order at 7:00 P.M.

Board Members present were Mayor Schools, Commissioner Farmer, Eckhardt, Messer, Marks and McElraft.  Others present were Town Manager Frank Rush, Assistant Town Manager Georgia “Mitsy” Overman, Town Clerk Carolyn Custy, Town Attorney Derek Taylor, Inspections Supervisor Carol Angus, Building Inspector James Taylor, Parks and Recreation Director Alesia Sanderson, Interim Public Works Director John Arthur “Artie” Dunn,

            After Roll Call, the Pledge of Allegiance was recited.  Following the Pledge of Allegiance a Moment of Silence To Honor Space Shuttle Columbia Astronauts was held.

Mayor Schools reported that during the blood drive held last week they collected 59 pints of blood. We had over 100 people turn out, and the bloodmobile stayed an hour and a half longer than planned. He thanked everyone who donated and everyone who helped out.  It was a real good turnout.

ADOPTION OF AGENDA

            Commissioner Marks made a motion to adopt the agenda and the board voted unanimously, with a vote of 5-0.  Motion carried.

PUBLIC ANNOUNCEMENTS

Mayor Schools made the following announcements:

February 17th, the Friends of the Western Carteret Library are having their Annual President's Day function at the Swansboro Rotary Club.  The Library is selling tickets

            No definite date has been set yet, but sometime in April, there will be an effort, in combination with the highway program to clean the highways. 

            Applications are needed for persons to fill a vacancy on the Planning Board and the Board of Adjustment.  Anyone interested be sure to apply before March 3rd.

Watch for the next blood drive.

            St. Patrick’s Day will be held on March 15th.  Always a great time by everybody.

CONSENT AGENDA

            Minutes of Regular Meeting – January 14, 2003

            Tax Refunds / Releases

            Revised Resolution Authorizing Grant Application to NC

            Division of Water Resources for Entrance Channel Dredging

            Budget Amendment – Beach Nourishment.

            Commissioner Eckhardt made a motion for approval of the Consent Agenda and the board voted unanimously, 5-0.  Motion carried.

PUBLIC COMMENT

            Mayor Schools asked for any public comments other than for items on the agenda.  Public Comments are encouraged and appreciated.  Keep in mind this affords a time to talk about solutions rather than problems.  Public Comments are to be made directly to the board.  A time limit of 5 minutes for each speaker was set.

            Mr. Jim Heatherly, 8512 WoodCliff Drive, indicated that at the last meeting Mayor Schools made the same comment but he was denied the opportunity to speak and asked if that was going to happen tonight? Mr. Heatherly said he asked a question and he was told that was not a proper question at that time.  Mayor Schools said he thought Mr. Heatherly's question was answered later in the meeting. Mr. Heatherly said he will be here for his 5 minute comment later.

ORDINANCE AMENDING CHAPTER 19 – ZONING – DUNES AND VEGETATION ( 2ND READING)

            The Planning Board has been working on this particular Ordinance for 8 months.  It was voted on at the January 11, 2003 board meeting but had to be put back on the February agenda for a 2nd reading because it did not received the proper amount of votes to pass it.

            Mrs. Angus again explained the changes made to this Ordinance. 

The proposed ordinance has been through numerous iterations over the past 8 months, and at times it has been confusing to keep up with the changes.  It may be helpful to briefly review the significant new and/or amended provisions in the proposed ordinance.  They are as follows:

  • The proposed ordinance has been slightly re-organized to provide for a better flow of information.

 

  • Several sections have additional language to clarify the requirements of the dunes and vegetation ordinance.

 

  • The proposed ordinance clarifies that the ordinance applies to all properties, both undeveloped and developed.

 

  • The proposed ordinance makes it clear that normal lawn maintenance, replacement and relocation of existing shrubs, removal of weeds and other undesirable growth, removal of dead vegetation, and removal of vegetation less than 3 inches in diameter at a height of 36 inches are all exempt from the ordinance requirements.  No permit or approval is necessary for these activities.

 

  • The proposed ordinance contains strong language prohibiting the intentional harm to vegetation to render it dead, therefore allowing removal without a permit.

 

  • The Town’s current ordinance allows removal of trees with a diameter of 4" or less without approval of the DVPO.  The proposed ordinance reduces this threshold to 3” in an effort to preserve more of the smaller, developing trees that will eventually grow into larger trees, and also to reduce the appearance of clear-cutting.

 

  • The proposed ordinance seeks to minimize alteration to interior dunes to the maximum extent after considering practical issues such as setbacks, wastewater system requirements, driveways, and storm water systems.

 

  • As is already required by the Town’s storm water ordinance, the proposed ordinance requires the submission of a topographical map with permit applications.

 

 

  • The percentage of a lot or parcel that must be retained as “natural area” would increase from 45% to 50% of the lot with the adoption of the proposed ordinance.  Wastewater systems would remain as permitted disturbances in natural areas, however, the ordinance requires the wastewater repair area to be preserved until it is needed, unless the Carteret County Health Department determines otherwise.

 

  • The owner of a lot or parcel has two options to meet the 50% threshold.  The simplest method is to retain 50% of the lot or parcel in its natural, undisturbed state.  The proposed ordinance does provide the option for the owner to temporarily disturb and then revegetate 5% of the area of the lot in order to meet the 50% natural area requirement. 
 

  • The proposed ordinance requires the use of retaining walls for slopes greater than 3:1.

 

  • The proposed ordinance prohibits nearly all disturbance within the CAMA setback area.  The only disturbances permitted in the CAMA setback area are for water-dependent structures, for the installation of rip-rap or bulkheads, poisonous plants, and selective pruning (but not removal) of trees.
 

  • The proposed ordinance prohibits the clearing of a lot or parcel prior to the issuance of a building permit.  Clearing of lots or parcels for marketing purposes or the installation of a wastewater system would no longer be permitted.  Minimal clearing and/or grading to secure a wastewater permit would be allowed, but not to construct the wastewater system.

 

  • The proposed ordinance would require the site to be staked out to indicate the locations of natural areas, structures, driveways, wastewater systems, and other significant features on the lot before a permit is granted.

 

  • The proposed ordinance contains very stiff penalties for violation.  A violation would subject the offender to a $500 civil fine, and also a requirement to restore the areas illegally disturbed.  If those areas are not restored in a timely manner, the offender would be subject to additional civil fines up to $5,000, in addition to having the Town restore said areas at the offender’s expense. 
 

  • The proposed ordinance contains two updated appendices that outline suitable, native species to meet revegetation requirements.

Mr. Rush interjected that the Board should note that Derek Taylor, Carol Angus, and Mr. Rush have made several language changes since the last version that was reviewed by the Board on December 10.  Local attorney Clint Routson suggested many of these language changes.  Derek Taylor, Carol Angus, and Mr. Rush agreed in many cases that Mr. Routson’s suggested language more clearly conveyed the ordinance requirements, and they incorporated Mr. Routson’s suggestions.  It was not their intent to change any of the policy goals or substantive requirements of the proposed ordinance as envisioned by the Planning Board or the Board of Commissioners, and it is not felt that the new language changes any of the desired policy provisions.  In all cases, they have simply clarified statements, deleted redundant language, or inserted language designed to make the ordinance flow better. 

Mr. Rush noted that in Section 19- 352, the phrase “ that is already developed” should be removed. It is clearly the intention of the Planning Board and Town Board to exempt things like lawn mowing, relocating shrubs, cutting trees less than 3 inches so no permit would be required, whether the lot is developed or undeveloped.

            Mr. John Grady, 113 Fawn Drive, expressed his feelings and concerns about the following:  (1) Have enough rules on the books.  (2) Does not know where Inspectors were when permission was given for trees to be taken down on two lots in front of his home (3) Fine of $500 for a 3” tree is absurd. (4) Have rules and cannot enforce what is there. (5) Need to enforce what rules the town already has. (6) Road structures – road graders have rolled over the edge of the roads.  That is a repair someone is going to have to do. (7) Cracks in his ceilings from Page rolling with a roller with a vibrater.  (8) No one has any rights here!

            Mr. Jim Heatherly, 8512 WoodCliffe Dr. expressed his feelings and concerns about (1) He is against this Ordinance because he feels it violates his basic rights. (2) Related to Section 19-352 (a) & (b) regarding removal of dunes grasses, bushes, shrubs, trees, etc. nothing shall be construed as allowing willful cutting or removal of any live vegetation for any purpose. (3) This violated whole thing. (4) Will reference this in his newspaper articles.

            Mr. Bob Isenhour, 313 Channel Drive, expressed his concerns also about: (1) The proposed Ordinance that provides further restrictions of owners use of their private property. (2) Gave Private Property Definition, which is the right held by the owners to keep, acquire and dispose of said property. Whatever reduces the rights of the owner’s lots, the owner loses a certain amount of property value. (3) Believes most owners will keep as many trees and as much vegetation as they possibly can, that their plan allows without any other restrictive ordinances. (4) Believes good things get done as result of self-interest and the pocket motive. (5) Vegetation and trees enhance value of property. (6) When owner is banned from cutting a small tree in order to improve his property his private property rights are violated resulting in a loss to the owner. (7) John Adams wrote – the moment the idea is admitted into society that property is not as sacred as the laws of God and there is not a point of law in Public Justice to protect it, anarchy and ternary commences. (8) When talking about taking away property owner’s rights, it becomes a slippery slope.  (9) Asked that the board think about that before they vote.

            Ronnie Watson, 9100 Coast Guard Road, agreed with Mr. Isenhour.  Said it is his understanding you have to get a permit to cut a tree limb bigger than 3” off of a tree and asked if that was true.  Jimmy Taylor, Building Inspector answered when they authorize pruning of trees it would require a Dunes and Vegetation Permit to cut down a tree that is greater than 3” measured at 36” above grade.  For a tree limb, there would be a site visit for the proposed limb is authorizing the pruning of the limb in lieu of removing a tree.  Mr. Watson feels a lot of people do not understand this and it needs to be clarified.  He then asked about dead trees?  Mr. Taylor said that would be a tree removal and would require a permit. Mr. Watson said these are questions that need to be answered and feels the board is going a little overboard with this ordinance.  He noted that Mr. Taylor has more important things to do than go chase down tree limbs or dead trees.  He related that the Planning Board and the Board of Commissioners should revisit this ordinance. 

            Commissioner Farmer responded to Mr. Watson’s comments and said in Section 19-352 –(2), in fact removal of dead trees is under normal maintenance and is exempted.

            Commissioner McElraft said you still have to have the DVPO authorize it but there are no fees.   Commissioner Farmer disagreed and said she would argue that because the ordinance does not say you need to have the DVPO come out and authorize the cutting down of dead trees.

Dan McCormick, 2604 Emerald Drive, expressed concern about the amount of land in disturbed vs. undisturbed.  He related that during the 1980’s Planners and State Highway Officials were urging architect homeowners ect. to survey and try to reduce the number of driveways, where houses shared a driveway, entering main roads in order to make the roads more effective and safe.  Emerald Drive is one main road serving the community. He asked consideration for exemption of ½ of a driveway from disturbed area and calculations and discourage development of driveways too small for rescue and Fire personnel.

Mr. McCormick shared concerns that language included in paragraph 19-332 of the January 14th version of ordinance, which applies to all properties including existing, and new – it will be difficult to enforce without clearer wording.  Examples are - a landowner would have to remove his driveway and/or part of his lawn to meet requirements; home under construction might be required to stop, renegotiate a change order with contractor, which is expensive. Plans in review and plans approved should be given consideration.  Existing structures and lots and plans to be modified should be included.  He suggested that a grandfather clause should be inserted to include projects that are not modified after the date of this ordinance is adopted.  Mr. McCormick suggested the following language – Completed projects and those projects under review and projects under construction having valid town permits as of the adoption date of this ordinance shall not be required to upgrade to meet the requirements of this ordinance; however no modifications to plans, to structure or parcel of land are allowed unless the modifications comply with its requirements.

            Mr. Emory Trainham, 7102 Archers Creek Drive, supports the ordinance. He recalls when he served as Commissioner, that too many of their constituencies paid little or no attention to the Dunes and Vegetation Ordinance that was already in force.  Island raping has continued with vegetation and dunes being rapidly destroyed. Feels that opposition is concerned about owners’ rights.  He too is a homeowner for 16 years.  He doesn’t feel his rights are jeopardized by an ordinance that is designed to protect his property.  Proper Dune and Vegetation management over the years would have saved the town from the plagues of storm water problems and all that goes with it.  He mentioned the maritime forest that has withstood hurricanes and nor’easter’s for many years is no longer standing.  Grass and palm trees are now planted instead of vegetation that is germane to the Island. He asked when do individual rights take precedence over being a good neighbor or even saving the Island from destruction.  Two examples on Archers Creek Drive where one has been completely denuded of vegetation and a sand dune has been reduced and hauled away to make flat space for a house.  The other parcel has been carefully developed with a footprint of a house now being built, with vegetation next to the street being untouched, save for a driveway to enter the property.  Owners have done as they pleased without regard to their neighbors and some of it has been done on the weekends when no inspector is available. The board has voiced their opinion and has made changes and still there are those who voice their opposition.  Mr. Trainham hoped the board would go on and approve this ordinance and if anything it does not go far enough.

Mr. John Wootten, 103 Eagles Nest, said nobody is in favor of lots being cleared; everyone in the room tonight is sensitive to the things that have happened in the past in lot clearing and the board is trying to correct it. He went on to say this should not apply to developed lots; when the people start talking about developed lots and require all these restrictions to developed lots, you as a governmental body are saying we are going to tell you how to maintain your own property because you are not smart enough to do it on your own.  Questions are being raised about developed lots.  Pittosporum bushes cannot be removed he planted to give him some screen while cedar trees grew.  They now cannot be removed because they are more than 3” around.  Don’t apply ordinance to developed properties. 

            Mr. Elton Matheson, 7008 Sound Drive, does not support ordinance.  Thinks town is on shakey ground in a Constitutional sense and loss of property rights, relative to the 5th Amendment and the 14th Amendment and surprisingly the Civil Rights Amendment.  If there is a regulatory taking, there is economic damage as the result of this ordinance. Need to think about other impacts with this ordinance.  He also noted that if people are happy with an ordinance, it will enforce itself.

            Bill Reist, WoodCliffe Drive, said he was attracted by vegetation, etc. when he moved here.  He would like to see it apply to business district as well.

Ted Williamson, Lands End, thinks the board is going too far on this ordinance.

Jimmie Lou Rutter, 108 White Sands Drive, thinks it should not apply to bushes.  She feels no one is taking advantage of the Island and the rights of people should be protected.

Tom Sneed, 145 Conch Court, said he paid cash for his property and he “Can’t cut down a tree without the town’s permission”?  Two thirds of his lot is completely wild, the way it was when he bought it and the way it was a long time ago.  His neighbor does not like snakes and he went down the line and took out everything except trees so he could see the snakes.  He had the right to do that. He bought that piece of property, he does not want the town on it telling him what he can do with it at all, for any reason whatsoever unless he is doing something illegal and he is not.  He is just cutting a tree.

Eric Starnes, 8604 Woodpecker Lane, owner of Starnes Tree Service, questioned the knowledge of the town to diagnosis trees that are  a hazard.  The knowledge of the people inspecting the trees to know whether they really do have a reason for a tree being cut down.  There is equipment the town could buy to test the interior of a tree.  He gave several possible things that would initiate the cutting of a tree.  A few are, two trees joined together, trees near foundations and breaking up driveways.  Mr. Starnes passed along information about equipment that x-rays a tree.

Jimmy Farrington, 7119 Canal Drive, spoke on behalf of landscaper’s point of view.  Worst problem is septic system, a lot of clearing, etc. When comparing to Pine Knoll Shores, they have sewer systems and some people do not know that.  People don’t want to cut trees down.  He suggested that those who wish to, come and see them set a house out on a piece of property, see how they are grading it, what trees are left, which are usually the worst looking trees on the property.  He suggested that the town talk to Jimmy Taylor, Building Inspector, and ask him if the process is working because maybe it is.  He suggested the builders should be commended by what they are doing for Emerald Isle.

Hank Mahns, 108 Jackson Street, owns lot at that address that does not have a house on it. Wonders why the existing Ordinance does not work.  Obviously there is a breakdown in how it is applied.  Is worried about authority and background of Dunes and Vegetation Protection Officer.  Town is not enforcing ordinances.

Jerry Stockdale, 8521 Ocean View Drive, feels people are against taking away personal rights and confiscation of ownership.  Distrust of people’s intelligence if the board passes this ordinance.  It will also alienate a lot of people if this law is passed.  If town is willing to spend money on a DVPO to go around and check on everybody, the board would probably be better off spending that money on education for people to let them know they should not be cutting trees unless they are endangering property like houses. Mr. Stockdale related there was no vegetation on his lot when he bought and he probably would not plant a tree because he might not ever be able to take it down.  Mr. Stockdale agreed with just about everyone who has expressed opposition to this ordinance.

Dan McCormick, resident, again stated the issues of safety, security and compassion are enough to make you want to reconsider tabling it for restudy and he asked that the removal of comments made for “doing this for reasons of increasing tax value”. This ordinance could ultimately decrease tax values if the town is faced with devastation from a major storm.

Billy Farrington, 8108 Sound Drive, feels it will hurt the majority of the people in town.  Only a few people are violating it.  It takes 3 days now to get a Building Inspection so when are these inspections going to be done for trees?  Mr. Farrington related when a house is built, there should not be a tree within 10 foot of the house.  When a septic system is put in, you should not have a tree within 5 foot of the septic system.  There are about 12 subdivisions in town that are not built on and they range from 7,000 square feet to 12,000 square feet. Those are the subdivisions who are going to be hurt.  5% does seem like much but 5% in the area of a subdivision where there is 10,000 square feet in the lot, that takes away 500 square foot of the house.

Does not feel this is right.

            Mr. Clint Routsen, Green Glen Dr, supports what everyone has said in opposing the ordinance change.  Mr. Routsen asked what about the live tree he has on his lot that he wants to remove?  It appears he would need a topographic survey before he can get a permit to cut down a tree.  This ordinance does not give you any exemption for a live tree.  He asked if he backed up and knocked down a tree if he had violated the ordinance then?  If the wind knocks down a tree does everyone have to call the DVPO to take it down?  The board has in essence said the prior board and prior officers were not enforcing the ordinance as written so this board is redrafting the ordinance in lieu of enforcing the prior ordinance.  Hopes the board will take it into consideration and say let’s enforce what is on the books now.

            Lee Lipsitz, 1007 Inlet Drive, opposes the ordinance.  Anything that keeps people like Mr. Starnes, who is living and working here, from doing his work, he is against.

            Ronnie Watson, 9100 Coast Guard Road, commented that the town should be proud of the way the island has developed.  It has not been raped.  He suggested people take a drive around the island and take a look.  The ordinance is working now.  He is proud in being involved in the way the island has developed.  Citizens are building and landscaping to make it look beautiful.  This is a democracy.  It is not a communist country.  Let’s keep it that way.

         Ricky Farrington, 8802 Sound View Court, is a builder in Emerald Isle. He spends $2,000 for grading per lot and $12,500 per lot revegetating.

            Mayor Schools asked if there were any more comments, and since there were none, he reminded everyone that the public comment period is now closed and comments would be taken from the board at this time.

            Commissioner Farmer made a motion to table the Dunes and Vegetation Ordinance and go back and look at it.  The board voted unanimously, 5-0.

            Commissioner Eckhardt commented a lot of things have been heard tonight on this issue.  Some of them have left a mark and there area others he disagrees with. The Planning Board has been working on this ordinance for 8 months.  Commissioner Eckhardt takes exception with that.  The other thing he takes exception with is that constituents will do the right thing. Now Commissioner Eckhardt is looking at a debt of over $20 million dollars with the erosion control and with the storm water control. Commissioner Eckhardt calls it a violation from lowering dunes, taking out forests, building in wetlands and there is nothing that can be done about storms.  The statement that the board should not do anything is the wrong thing.

            Commissioner Marks said some have said there is no reason to redo this ordinance.  Most of the wording that is in the new ordinance is in the old ordinance and it was said that people would do the right thing, which they have not done.  For many years the ordinance was ignored.  Very few substantial changes in this and you have to have permission to take down a tree on developed property.  All it was was the DVPO would come in and say go ahead.  That has not changed.  What the board is trying to prevent is people clearing lots from lot line to lot line.  The forest covered this whole island originally and we have cleared most of it.  It is not only 6% of the lots remaining to be developed, but is 20% left to be developed, whether large tracts or individual tracts.  When lots are cleared, they are opened up to salt spray and the board is trying to protect against that.  This ordinance takes some away but some is also given, i.e. it was said you could not include the septic area and now you can.

            Commissioner Farmer said she does not want to give the impression that she does not think something needs to be done – she does think something should be done.  She would like to set up a workshop with the Planning Board and have everyone come including the whole town board based on a lot of the input that was given tonight and see if those problems can be straightened out. 

           

Commissioner McElraft noted that Commissioner Marks had said there are minimal changes in this ordinance.  There are very severe changes in this ordinance.  One of them is if you own a sound front lot that has trees on it, you are not going to get a view.  She said that you could bet Commissioner Farmer has her sound front view. All of those who have sound front property cut trees so they could get their view but you cannot cut a tree except to make your walkway down to the water. If CAMA says that you can cut trees in the 30-foot setback area, Emerald Isle is now going above the CAMA, the State Regulations on this, and is making it a lot more stringent.  Now you are going to have to consider where you are putting your house because of interior dunes.  Even if you have plans for putting a house on your lot, the DVPO can come in and tell you that you cannot put your house there because there is an interior dune structure that cannot be moved out anymore.  You are going to have to design your house around a dune.  There are several places in this ordinance where the DVPO has authority to add more than what is in there.  Mr. Reist has said the board needs to accept personal responsibility and Commissioner McElraft agrees.  She stated, “We need to decide when that tree is threatening the lives of someone in their bedroom”.  We don’t need the town to tell us that.  When a tree has more rights than a property owner and a person who is fearful for their safety, that is a sad state.  If the board goes along with this, it is preventing people from building on these small lots.  Commissioner McElraft informed the public that when the workshops are being held, they had better be there because this same ordinance will be up again if they did not come and try to do something about it.

            Commissioner Farmer, commented that in terms of having a sound front piece of property and not being able to have a view at all is absolutely ridiculous.  It is totally fictitious.  She did encourage everyone to come to the workshop whenever a date is set.  There will probably be more than one and the board does want the publics’ input.

            The question was asked if the workshops would be open to public comment and Commissioner Farmer said they are all always open for public comment.

            Commissioner McElraft interjected she has just been called a liar.  When you get this ordinance you read it for yourselves (the public) and you decide if you cannot cut trees from a sound front lot that is heavily wooded, where is the view.

            Commissioner Marks commented there have been Planning Board meetings for over 8 months.  Every single one of those are open to the public and unlike the previous Planning Board, comments are welcome.  She urged the public to attend.

ORDINANCE AMEMNDING CHAPTER 19 – ZONING – DUNES AND VEGETATION (ADDITIONAL AMENDMENTS)

This item was pulled from the Agenda as it is in conjunction with the above Dunes and Vegetation Amendment, which was tabled for further discussion at a workshop.

DISCUSSION – SOLID WASTE SERVICE OPTIONS

            Mr. Rush made a comment about the dunes and vegetation discussion.  He noted that regardless of how you feel about the policy role in that ordinance, whether you oppose them, he has talked to a lot of people everyday that oppose them and he wanted to make it clear to the board and public that the staff in the Planning and Inspections Office does everything they can to enforce those ordinances.  Fortunately the town has two people, Carol Angus and Jimmy Taylor, working in the Planning and Inspections office and they are doing their best to enforce those ordinances.  He just wanted people to know that and keep that in mind.  Certainly policy should be debated and we have had a very healthy discussion tonight.  He just wanted to remind everybody how hard these people do work in the Planning and Inspections Office.  There was a round of applause for this statement.

            Mr. Rush commented a workshop was held this past Friday, February 21st.  He gave a short brief on three options that have been discussed and introduced a 4th option.  The goal behind all options is to eliminate over flowing trash from rental properties and some of the 2nd row homes and some permanent residents.  The options presented are designed to include relatively few things that can be put into place this year and solve the vast majority of the problems.  Another goal is to remove the racks from the right-of-way in an effort to approve the appearance of Oceanside and other streets in town.  A goal is to keep Waste Industries Service much the same as they provide now.  To provide a solution that is most likely to guarantee the issues get resolved.  To provide options for folks in recognizing that demographic scale of rental property, permanent residents and 2nd home owners.  Mr. Rush went through all three options, a copy of which is attached at the end of these Minutes along with the new 4th option introduced. Mr. Rush recommended that racks be kept off the right-of-way and allow the property owner to put them anywhere on their property they would like but not within the building setbacks. He did not recommend screening because in reality if 90-gallon containers are required the only folks who would move their racks from the right-of-way to their houses or somewhere in their yard are the folks who have the racks that accommodate 90-gallon containers now.  Would not allow 30 gallon or 40 gallons containers.  An education effort would be entertained to inform residents and visitors of the rules and regulations governing garbage.  He also suggested a workshop meeting on Monday, February 24 along with the Planning Workshop on the same date.

            Jim Craig, resident, wants the board to retain the right of a variance for unanticipated situations.

            Sally Waters, resident, favors roll-in and roll-out and the removal of streetside storage of trash.  She also favors variances for hardships.

            Lee Lipsitz favors Option 2 during the summer time only.

            Rick Farrington thought it is needed for Oceanfront.  He is afraid of people near his home and also asked what happens if those picking up the trash bump into a car in the driveway – who would be responsible?

            John Grady, 113 Fawn Drive, pays a lot of taxes.  He suggested enforcing the ordinance that is already on the books.

            Jim Heatherly felt rental agencies should handle the problem.  He likes the racks.  The town should enforce the ordinance it already has.  The money used for this would be better spent on other things.

            John Wootten, 103 Eagles Nest, felt the town should define that the problem is rentals and 1st/2nd row homes.  Thinks the town should look at other alternatives beyond 90-gallon cans and racks.  It must also remember that 41% of Emerald Isle is older than 55.  Charge violators. 

            Mary Helen Casey, Lands End Resident, supports the new Option 4 presented.

            Catherine Easley, 109 Sea Dunes Dr, wanted to know who was responsible for the liability of someone scratching her car?  Commissioner McElraft answered that she asked Waste Industries about that and their comment was that no town would give them a waiver.  She feels that Waste Industries does not intend to be responsible. 

            Mr. Rush commented that this is not finalized yet and that is the reason the town asked for public comment, which the board will take into consideration.

            Jack Seikman, resident of Lands End, thought his 30-gallon can is okay.

            Jimmie Lou Rutter, doesn’t want to look at garbage cans every day.

            Joe Eckert, 7229 Archers Creek Drive, thought the cost should not be brought up because it is everyone’s problem.  For what is paid per year, we are talking about someone coming to your house once or twice a week to pickup your garbage and residents pay $130 for that.  He asked if the owners were going to complain about the cost of garbage when they pay $420 a year for cable TV, $1200 a year in power, pay for yard service etc. etc.  He did not see a problem with Option 3.

            Brad Fischer, resident, felt town should buy containers and sell to the homeowners at a discount?  Mr. Rush felt it could be done that way.

            Jim Heatherly, resident WoodCliffe Drive, felt Waste Industries is the problem.

            Elaine Harris, 7502 Sound Dr, favors roll-out cans and commented it would not be safe for anyone going up her driveway because she has a dog that would bite so please don’t send anyone there.

            Mr. Rush commented there was one comment made tonight that he was going to do a little extra work on before the 24th and that is maybe providing back yard – under the house service during the tourist season.

PUBLIC HEARING FY 2003-2004 BUDGET

            The purpose of the February 11 public hearing is simply to receive comments or suggestions from Emerald Isle citizens regarding budget priorities for the coming fiscal year.  The hearing will give citizens a chance to voice their concerns about the tax rate, suggest funding for certain programs or projects, etc. 

            Commissioner Farmer made a motion to open the public hearing and the board voted unanimously, with a vote of 5-0.  Motion carried.

            There were no comments from the public.

            Commissioner Marks made a motion to close the public hearing and the board voted unanimously, with a vote of 5-0.  Motion carried.

            Mr. Rush announced that the Grant for the 10-foot wide bike trail had been approved in the amount of $124,000.

INTERIM REPORT FROM NC 58 COMMITTEE – SIDEWALKS AND BICYCLE PATHS

            Brad Fischer, Chairman of the Highway 58 Committee gave a report on the work the Highway 58 Committee has done since appointment by the Board of Commissioners in April 2002.  They first met in May and selected three subcommittees, which were – Streetscape – Pedestrian and Bike Safety and Legislative.  They concentrated on the primary business district, which runs from the Langston Bridge to Town Hall.  Within this district, also Reed Drive and Crew Drive parallel Emerald Drive.  Future consideration should be given to expanding the scope east of Town Hall and west of the Coast Guard Road Park.  The corridor concerns were appearance, pedestrian and bike safety, vehicle traffic, access to businesses and parking.  A long-term focus of Emerald Isle is to enhance the natural beauty of this family beach environment b y providing a venue for safer pedestrian and bicycle recreational activity.  Crosswalks would provide for safe and continuous access across 58 to commercial areas.  Mr. Fischer pointed out that there are signalized intersections at Coast Guard Road, Loon, Mangrove, and Bogue Inlet Drives.  Landscaping and amenities would be provided along roadsides, sidewalks and bike paths to enhance the natural beauty of the island.

Mr. Fischer pointed out several suggested landscape plants such as Indian Hawthorn, Nerium Oleander, Carolina Cherry Laurel and Oleander.  Native trees pointed out were Holly and Live Oak.  Slides of plans showing pathways, crosswalks and sidewalks were viewed by the board and public.  Benefits of this project will improve the appearance, give better opportunities for recreational shopping, afford healthful exercise and provide safer crossings. 

Funding is State and Federal grants and matching funds, private grants, private donations and the town budget.

No decisions were made at this time.

FY 2003-2004 BUDGET CALENDAR

            Mr. Rush presented a Budget Calendar with key dates as follows:

            February 11 Initial public hearing on FY 2003-2004 budget

February 24            Board of Commissioners general planning workshop to review preliminary budget Projections and establish budget goals

February 25            Kickoff of budget process with Town departments

March 24            Department budget requests due to Town Manager and Assistant Town Manager

April 28            Town Manager and Assistant Town Manager finalize revenue estimates

May 13            Town Manager presents Recommended Budget to Board of Commissioners

            June 3            Formal public hearing on FY 2003-2004 budget

            June 10            Projected budget adoption date.

 

Commissioner Marks made a motion to approve the Budget Calendar as presented by Mr. Rush and the board voted unanimously, with a vote of 5-0.  Motion carried.

PARK DEVELOPMENT AT COAST GUARD ROAD STORM WATER SITE

            Ms. Alesia Sanderson commented that inmate labor has opened the main road on the property. A trail to the North has also been opened.  There were a lot of fallen trees from previous storms but things look good at this point.  She also commented that volunteers were needed to mark the trails, draw maps, etc. She would like to do some parking but bumpers are not in place so the cars could not go on the property at this time. The proposed opening date of Tuesday, April 8, 2003 at 10:00 A.M. was also mentioned.  Names have been suggested for the park and it would be great to have it by April 8, 2003. It should also be known by May if the town received the grant applied for to develop this park.

            Those inmates worked 6 ¼ days on that property and did a lot of clearing.

Commissioner Farmer made a motion to name the park EMERALD ISLE WOODS and the board voted unanimously, with a vote of 5-0.  Commissioner Messer abstained, and his vote was counted as a positive vote.  Motion carried.

 2003 STREET RESURFACING CONTRACT

            Mr. Artie Dunn, Interim Public Works Director, presented the board the results of the Street Bid Opening of February 4, 2003.  Bids received were from Barrus Construction Co in the amount of $154,561.92; Onslow Grading and Paving, Inc. in the amount of $169,754.68; C.R. Peele Construction Company in the amount of $160,808.29. 

            Also included in this bid was 5 short pedestrian / bicycle paths in the “breaks” along Ocean Drive.

            Commissioner Eckhardt made a motion to approve the Resolution authorizing the 2003 Street Resurfacing Contract and award the street resurfacing contract for the year 2003 to Barrus Construction Company, the low bidder.  The board voted unanimously with a vote of 5-0. Motion carried.

            Mr. Rush also presented the board with a budget amendment allocating $20,000 of Powell Bill reserve to cover the deficit due to the price increases for this fiscal year. 

            Commissioner Eckhardt made a motion to approve the Budget Amendment.  The board voted unanimously, with a vote of 5-0.  Motion carried.

DISCUSSION – GROINS AND JETTIES / BOGUE INLET CHANNEL

            Commissioner Eckhardt related he attended the Bogue Inlet Project Team Meeting coordinated by the Corps of Engineers.  The coordinator, Mickey Sugg, asked for, at that time, alternatives to the movement of the channel within the Inlet such as do nothing, do nothing with sand bags, and that type of thing.  At that time, Commissioner Eckhardt was surprised to hear Groins and Jetties mentioned since they have nothing to do with the EIS.  There was considerable discussion on it.  While the Corps seems to think it was a wrong thing to put in at that time or even mention as an alternative that CPE would analyze and would document within the EIS.  Commissioner Eckhardt would like for the board to consider whatever it takes to prevent CPE from analyzing and documenting this.  He thinks it is a waste of taxpayer’s money.  Groins and Jetties are not even legal.  He knows this is a stretch but why didn’t “we” consider dynamiting, which was used several years ago by the Corps in the Inlet.  It is the same thing.  It is not legal.  Commissioner Eckhardt said he would like the board to consider this, strongly going back to the Corps eliminating this from our EIS.  He really hates to see CPE spend another dime on it. 

            Mayor Schools said he had talked to the Corps about the EIS.He is under the impression, that actually the EIS is the Corps of Engineers document, it is not the Town of Emerald Isle’s document.  To him it just needs another paragraph that says it was looked at and is not feasible and will not be looked at anymore. To Mayor Schools to either contact the Corps or tell them the town is not going to do it, it is going to cost more than just putting a paragraph saying it will not be looked at.

            Commissioner Eckhardt said the terminology that was used was that it would be included in the discussion of the alternatives.  He does not know what that means. Why include it in the discussion of the alternatives if it is not even legal.

            Commissioner Farmer said she guesses the thing that bothers her is that jetties keep turning up all over the place in discussions.  They are in the Carteret County Hazard Mitigation Plan, which is ridiculous when they are illegal in North Carolina.  She does not think that the town needs to be going down that route.

            Mayor Schools said he could not disagree with Commissioner Farmer but it is not “our” document, it is the Corps of Engineers document.

            Commissioner Farmer replied, “we are paying for it and I would like to direct the Town Manager to send a letter to the Corps and also to CPE stating the following language and made this as a Motion.

Section T15A: 07H .0308(a)(1)(B) of the NC Administrative Code states: "Permanent erosion control structures may cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach, and, therefore, are prohibited. Such structures include, but are not limited to: bulkheads; seawalls; revetments; jetties; groins and breakwaters."

Furthermore, the Town of Emerald Isle Land Use Plan Section IV states: "The town

objects to the construction of permanent shoreline stabilization structures in ocean hazard areas and any changes in state standards which would allow such structures." The town board supports this position.

Jetties are therefore not feasible.The town of Emerald Isle as applicant will not waste time or taxpayer dollars in the pursuit of options for Bogue Inlet that are not feasible and wants the option of jetties removed from discussion and study in the EIS.

            Commissioner McElraft said, “May I ask one favor please and that is I don’t want it to say the Town of Emerald Isle.  I would like it to say the majority of the Board of the Town of Emerald Isle. 

            Commissioner Eckhardt said he would like to object to Commissioner McElraft’s request of majority of the board. 

            Commissioner Farmer said there is also the town’s Land Use Plan which - - -

Commissioner McElraft interjected, but if two of the members of the board object to putting this in and interfering with an EIS that is already limiting what we are going to be able to do at the Pointe to get this settled quickly.  The person who is on the PDT says It would be quicker to let this thing go and with two rejections on this board, I think we have the right to say to the Corps it is not all of the Board of Commissioners.

            Commissioner Farmer replied she would like to go back to the original concern about putting North Carolina Shore and Beach on the Emerald Isle PDT.  This is one of their big pushes to jetty all of the Inlets as they have done in Florida and this has no business being in our EIS.

            Mayor Schools replied I am going to write the letter and I am going to say the majority of the board voted in favor of the motion. If anyone else wants to write a letter that is up to them.

            Commissioner Farmer said that is fine but my motion did contain the language.  If she wants to say that the majority of the town board supports the town’s Land Use Plan, that is fine too.

            Commissioner Farmer said there is one sentence you are going to have to deal with Art.  It is my motion, which says “Furthermore the Town of Emerald Isle Land Use Plan – the sentence is the Town Board supports its position.

            Mayor Schools said if you want to add it in - - - - Commissioner Farmer interjected, “the majority of the board took its position in the Land Use Plan.  Mayor Schools answered, “Right”.   Commissioner Farmer said, “OK that is fine”.

(The Mayor wrote a letter to the Corps setting forth the motion as made and stating that a majority of the Board voted in favor of it.)

COMMENTS

            There were no comments from Town Clerk Carolyn Custy and Town Attorney Derek Taylor.

            Town Manager Frank Rush made the following announcements.

Annual Planning Workshop
The annual planning workshop is scheduled for Monday, February 24 at the Trinity Center in Pine Knoll Shores.  The workshop will begin with coffee and snacks at 7:30 am, and will adjourn by 2:00 pm. 

Audit Committee Meeting
The first meeting of the new Audit Committee is scheduled for Monday, February 17 at 10 am at Town Hall.  Members of the committee are Floyd Messer, Dick Eckhardt, and Art Schools.

Next Bogue Inlet PDT Meeting
The next meeting of the Bogue Inlet Project Delivery Team is Wednesday, February 19 at 10 am at Town Hall.

Coastal Municipalities Meeting
The annual Coastal Municipalities Meeting is scheduled for February 20 and 21 in Kure Beach.  A copy of the agenda is attached.       

            There were no comments from Board Members, Floyd Messer, Dorothy Marks, Pat McElraft, Richard Eckhardt, Emily Farmer and Mayor Schools.

Commissioner Farmer made a Motion to adjourn and the board voted unanimously, 5-0.  Motion carried.

            The meeting was adjourned at 10:35 P.M.

Respectfully submitted,

Carolyn K. Custy, CMC

 




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Emerald Isle, North Carolina ~ Incorporated July 1957
7500 Emerald Drive. Emerald Isle, NC 28594
Phone (252) 354-3424, Fax (252) 354-5068