Commissioner's Minutes

March 11, 2003 Agenda
March 11, 2003 Minutes

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

1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adoption of Agenda
   (Approved 5-0 vote with deletion of #16)
5. Public Announcements
6. Special Presentation to Mark Penry, Retiring Parks Superintendent
7. Consent Agenda
   1. Minutes of Regular Meeting – February 11, 2003
   2. Minutes of Special Meeting – February 7, 2003
   3. Minutes of Special Meeting – February 24, 2003
   4. Minutes of Special Meeting – March 3, 2003
   5. Tax Refunds / Releases
   6. Resolution Authorizing Contract for NC 58 Sidewalk Construction
   7. Budget Amendments – NC 58 Sidewalk Project
   8. Resolution Authorizing Contract for Western Ocean Regional Access Parking Lot Improvements
   9. Budget Amendments – Western Ocean Regional Access Parking Lot
   10. Resolution Authorizing Contract Amendment with CSE for Additional Turtle Trawling for Eastern Phase Beach Nourishment Project
   11. Budget Amendment – Community Center Damage
   12. Resolution Authorizing Sale of Bond Anticipation Notes for Completion of Eastern Phase Beach Nourishment Project
       (Approved 5-0 vote)
8. Public Comment
9. Final Plat – Sunset Harbor #6
   (Approved 5-0 vote)
10. Resolution Accepting Christina Court and a Segment of Osprey Ridge Drive into the Emerald Isle Street Maintenance System
    (Approved split vote 4-1 Opposed Marks)
11. Bogue Inlet Channel Relocation / Western Phase Beach Nourishment
    1. Status Report
    2. Determine Revised Project Schedule / Scope
       (Approved 5-0 vote to revise project schedule)
12. Ordinance Amending Chapter 15 – Solid Waste Management – to Implement a New Solid Waste Service Plan
    (Approved split vote 3-2 Opposed Messer, McElraft - Requires 2nd Reading)
13. Appointments
    1. 4 Seats – Planning Board
       (Jim Craig)
    2. 1 Alternate – Board of Adjustment
       (Russell Adams)
14. Comments from Town Clerk, Town Attorney, and Town Manager
15. Comments from Board of Commissioners and Mayor
16. Closed Session – Attorney-Client Privilege pursuant to NCGS 143-318.11 (a) (3)
    (Removed from agenda)
17. Adjourn

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

Mayor Schools called the meeting to order at 7:00 P.M.

Commissioner Messer made a motion to adopt the agenda and the board voted unanimously, 5-0.  Motion carried.

PUBLIC ANNOUNCEMENTS                                       

      Mayor Schools announced that:

(1)   The opening of the park on Coast Guard Road is tentatively scheduled for April8 at 10 AM.

(2)   St. Patrick’s Day festivities will be this Saturday, March 15, 2003

9 A.M. to 5:P.M.  Everyone was again encouraged to attend the festivities.

(3)   There will be a blood drive on March 28^th at the Community

Center.

(4)   Commended Jeff Waters for his dedication and work this past year with the DARE program at White Oak Elementary Thanked Lieutenant Waters and Chief Wilson for the Police Department's  participation in this project.

(5)   Mayor Schools, Police Chief Mark Wilson and two personnel from the Fire Department participated in the annual reading day at White Oak Elementary School.

(6)   The Dunes and Vegetation Committee (Reforestation) will have a new committee chairperson Peggy Brown.  The committee is always looking for volunteers.  If the public is interested contact Peggy Brown, Barbara Dolan or Emily Zucker.

(7)   There will be a Spring Cleanup Day some time in late April.

            Town Manager Frank Rush reported that after over 18 excellent years with the Town of Emerald Isle, the Town Clerk Carolyn Custy will be retiring effective July 1, 2003. This bombshell was dropped on him yesterday.  There will be a celebration at the appropriate time.  Frank wished Mrs. Custy the best in retirement.

            Mr. Rush made people aware again of how proud he is of the Town of Emerald Isle’s website which was actually developed by Mayor Schools when he was a volunteer for the Town.  There is a wealth of information about the town on the website including all of the agenda items that the Board of Commissioners have in their packets at this meeting.  The public can access that information usually by the end of the day on Friday prior to the Tuesday board meeting.  He invited those who do not have access to a computer to come by on Monday mornings and get copies of the agenda items so they will have the exact information that the board has. 

            Mr. Rush continued that due to the hard work of Carol Angus and Jimmy Taylor, there is some very good news to report to the property owners.  He asked Ms. Angus to report on this.

            Ms. Angus related to a letter she received just today concerning the Community Rating System preliminary reverification. A total of 1506 credit points have been identified for Emerald Isle resulting in a CRS Classification of 7.  This means property owners should receive 15% reduction on their flood insurance.

RESOLUTION AUTHORIZING CONTRACT FOR NC 58 SIDEWALK CONSTRUCTION.

            Mr. Rush explained that the town received 5 bids, one of which was Johnson Construction in Maysville, N.C. in the amount of $51,550.  This project involves approximately 1,580 linear feet of new sidewalks from the new Jordan’s Restaurant parking lot on Bogue Inlet Drive south to NC 58, then east to Live Oak Street.  Sidewalk segments along Bogue Inlet Drive will be 5 ft. wide, and the segments along NC 58 will be 6 foot wide.  Approximately 160 linear feet of new curbing will be installed and up to 5 parallel parking spaces will be constructed on the Bogue Inlet Drive right-of-way for general public use.  This redesigned right-of-way will eliminate potentially hazardous perpendicular parking spaces, and along with the planting of grass and shrubs will enhance the appearance of this key intersection. A total of $50,000 is available for this project from NCDOT grant funds and Powell Bill reserves.  A budget amendment allocating an additional $3,000 for this project was included to be approved by the board.

            Commissioner Marks made a motion to approve the Resolution Authorizing Contract for NC 58 Sidewalk Construction and the board voted unanimously, 5-0.  Motion carried.

SPECIAL PRESENTATION TO MARK PENRY, RETIRING PARKS SUPERINTENDENT                     

CONSENT AGENDA

      a.   Minutes of Regular Meeting – February 11, 2003

2. Minutes of Special Meeting – February 7, 2003
3. Minutes of Special Meeting – February 24, 2003
4. Minutes of Special Meeting – March 3, 2003
5. Tax Refunds / Releases
6. Resolution Authorizing Contract for NC 58 Sidewalk Construction
7. Budget Amendments – NC 58 Sidewalk Project
8. Resolution Authorizing Contract for Western Ocean Regional Access Parking Lot Improvements

12. Budget Amendments – Western Ocean Regional Access Parking Lot.

10. Resolution Authorizing Contract Amendment with

CSE for Additional Turtle Trawling for Eastern Phase

Beach Nourishment Project.

11. Budget Amendment – Community Center Damage
12. Resolution Authorizing Sale of Bond Anticipation Notes

            for Completion of Eastern Phase Beach Nourishment Project.

PUBLIC COMMENT

Gail Smy, who was present in behalf of the Outer Banks Wildlife Shelter, reminded the board that budget time was coming up and asked that they be remembered again.  They do not have a reserve fund. They increased services 12% this year in care for animals.

Pat Patteson, resident of Emerald Plantation, noted that a sign belonging to Larry Watson’s property has come down.  He thanked Larry for his cooperation.

Thomas Eatmon, 5202 Bogue Sound Dr, commended the town for the large ballooned tire wheelchairs.  He has two handcapped grandchildren and they were able to enjoy the beach on more than one occasion.

Mr. Eatmon feels secure while he is here because the police are so visible and he appreciates that.  The town does a great job with the amount of taxes received. 

Mr. Eatmon commented on a boat ramp, which is an unsafe thing, has been designated as a public access and assumes that makes it a public boat ramp.  It is adjoining his property at 5202 Bogue Sound Drive.  He is frustrated, feels deceived and feels like there must be some negliance on someone’s part because when he bought his lot, he saw there was a 25-foot strip beside his lot.  At that time there was a big sign saying “Public Walkway”, not a public boat ramp. He did not accept that as fact. He tried to look into it, he talked to the neighbor who had lived there approximately 20 years and he assured Mr. Eatmon during that time it was a public walkway. His attorney came up with a subdivision plat that says on the plat it was approved 26 plus years ago by the Board of Commissioners of the   Town of Emerald Isle, Map Book 14 Page 24, that strip of land says walkway. The Covenants were dated the 11^th day of October 1972, and say that the canal running through the subdivision shall be maintained and repaired by the owners of the lots of the subdivision. Everyone says it is a public walkway not a boat ramp.  It was approved 26 plus years ago saying it is a walkway.  He is confused now because the town thinks it is town right-of-way. 

FINAL PLAT – SUNSET HARBOR # 6

            A letter of Substantial Completion is on file.  The Planning Board has recommended approval to the Town Board.

            Commissioner McElraft made a motion to approve Final Plat – Sunset Harbor # 6 and the board voted unanimously, 5-0.  Motion carried.

RESOLUTION ACCEPTION CHRISTINA COURT AND A SEGMENT OF OSPREY RIDGE DRIVE INTO THE EMERALD ISLE STREET MAINTENANCE SYSTEM

            The Board is asked to consider accepting Christina Court and a segment of Osprey Ridge Drive into the Town’s street maintenance system.  When the final plat for Osprey Bluff subdivision was approved by the Board in March 2002, there was a one-year waiting period for formal acceptance of the street into the town’ s street maintenance.  A recent inspection found no significant deficiencies. 

            Commissioner Messer made a motion to approve acceptance of Christina Court and a segment of Osprey Ridge Drive into the Emerald Isle Street Maintenance System.  The board voted 4-1 for approval, with Commissioner Marks casting the dissenting vote.  Motion carried.

BOGUE INLET CHANNEL RELOCATION/ WESTERN PHASE BEACH NOURISHMENT

a.       Status Report

b.      Determine Revised Project Schedule / Scope

            Mr. Tom Jarrett, Coastal Planning and Engineering, presented an update on the Bogue Inlet Channel / Western Phase Beach Nourishment Project.  Mr. Jarrett indicated that because of the many steps that have to be completed in the permitting process, it is extremely unlikely that permits will be in hand so that dredging can occur in January 2004. It is now anticipated that permits will be granted in August 2004, and bids will be requested for dredging in the December 2004 - March 2005 timeframe.  Mr. Jarrett noted that the material is 100% compatible with the present beach material.

            He said that since the permitting process for the Inlet Project will not be completed this year, the Board the Board should decide to either (1) wait until the 2004-2005 dredging window to move the inlet channel and nourish the west end or (2) nourish the west end during the 2003-2004 dredging window using the offshore borrow area and forego the inlet project?  He also made note that the town could be required to nourish Bear Island should erosion take place on Bear Island as a result of the channel relocation.  (A copy of the Power Point Presentation is attached at the end of these minutes).

            Commissioner Farmer was concerned about erosion on the western oceanfront.

            Commissioner McElraft asked about the possibility of an 1135 environmental restoration project.  Mr. Jarrett said he would look into it.

            Mr. Rush was asked to look into replacing habitat at the Point if the project works.  

            Mr. Jarrett remarked it looks as if the erosion on the last 6 miles on the western end has slowed. It does not look as if a lot of critical erosion is taking place in that area at this time.  The area is reasonably intact.

            Rudolph Gregory, Beach and Shore Protection Officer, related that the cost of the Section 933 project at the other end of Bogue Banks is $38 million. The 933 Project includes a 10% contingency, and Mr. Jarrett is using a 15%, which is conservative.

            Commissioner Farmer made a motion that the town continue with the Bogue Inlet relocation and attempt to secure necessary permits to complete the project in the 2004-2005 dredging window.

            Commissioner McElraft asked when the offshore permits expire and Mr. Rush replied, “It expires in December 2004”.  Mr. Rush also replied that if the board wanted to reserve the right to go to the offshore borrow area, for whatever reason, during the 2004-2005 window it would be a good idea to reserve that right for a period of one year.

            Commissioner Farmer amended her motion to include that the Town should request a one year extension on the permit that it presently has for using offshore borrow areas to nourish Emerald Isle beaches.  The board voted unanimously, 5-0 for approval.  Motion carried. 

ORDINANCE AMENDING CHAPTER 15 – SOLID WASTE MANAGEMENT – TO IMPLEMENT A NEW SOLIE WASTE SERVICE PLAN

The attached ordinance amendment implements new requirements for refuse containers and recyclable containers, eliminates the placement of solid waste racks on the public right of way, and establishes timetables for the roll-out and roll-in of containers, along with other related changes to the Town’s solid waste program.

The changes in the solid waste program that would be implemented with the attached ordinance are summarized briefly below:

• All residential units, regardless of type of residential use, would be required to provide “adequate containment” of all refuse and recyclables.
• All residential units would be required to use standard 65-gallon or 90-gallon rollout containers.
• All residential rental units would be required to use one standard 90-gallon rollout container per 3 bedrooms.
• Solid waste racks would no longer be permitted in the Town’s right-of-way or the front setback area.
• All residential units would be required to use standard 18-gallon recycling containers or 35-gallon rollout recycling containers.
• All residential rental units would be required to use one standard 35-gallon rollout-recycling container.
• Containers would need to be rolled-out to the street no earlier than 3 pm the day before collection, and rolled-back no later than 9 am the day after collection.  The property owner would be responsible for making sure the containers are rolled-out and rolled-back in a timely manner.  Real estate rental companies, other private companies, and/or Waste Industries may be available to provide this service for an additional fee between the property owner and the third party.
• Waste Industries would roll containers out and back for elderly or disabled individuals free of charge upon submission of a note from a doctor.
• The Town would purchase and distribute either 65-gallon or 90-gallon rollout refuse containers to all residential units that do not currently have one. 
• Residential units that require more than one container would be responsible for purchasing these containers themselves.
• The Town would hire a full-time enforcement officer to enforce the new ordinance.
• The Town’s annual solid waste fee would increase from $130 per year to $144 per year, an increase of $1.17 per month.

The ordinance reflects the conceptual changes in the Town’s solid waste program that were presented at the Board’s March 3 workshop.  The attached ordinance, however, does contain many changes from the draft ordinance that was distributed to the Board on March 3.  The substantive provisions are nearly identical, however, there has been re-organization of the entire Chapter 15 – Solid Waste Management – because many of the provisions in the current ordinance are no longer relevant, and the ordinance has not had a comprehensive revision in several years.  .

The Board directed staff to consider two other issues after the March 3 meeting.  First, a suggestion was made to consider adding an additional pickup for the oceanfront area on a Saturday or Sunday.  This suggestion has been explored with Keith Stroud, Waste Industries.  The Newport Transfer Station is not open after 12 Noon on Saturdays and is closed on Sundays.  It is not possible for Waste Industries to collect refuse on Saturday mornings in time to get to the Newport Transfer Station before they close without starting very early in the morning, before many residential units will have placed their refuse at the street, either in a container in the rack or in a container rolled-out to the street.  It is unlikely that the Town of Emerald Isle could convince the Coastal Regional Solid Waste Management Authority, who operates the transfer station, to stay open later because that would in turn require the landfill in Tuscarora to remain open later.  (The landfill in Tuscarora remains open for 2 hours after the transfer station closes.)  In addition, the volume of trash collected from the oceanfront is likely to be greater than that which can be stored in the refuse collection trucks without a dump at the transfer station.  For these reasons, this option does not appear to be feasible under the Town’s current arrangement with Waste Industries.

The Board also asked staff to consider the possibility of establishing a community solid waste “convenience site” on the island where our residents could voluntarily transport household refuse and dispose of it in lieu of using the Town’s collection service.  The cost associated with this proposal is minimal, and could be accommodated in the town’s budget.  It is believed that the Town could also identify a suitable location for such a facility, however, the Town’s past experience with the recycling center near the tennis courts at Town Hall was not positive.  According to Town staff, many residents abused this center and left unacceptable refuse scattered in the area.  The recycling center became a drop-off point for all kinds of refuse, and also caused odor, pest, and animal problems.  In their view, the only way the Town could provide a quality facility would be to staff it with full-time coverage, which would add additional expense for minimal gain.

One issue that was raised by the public during the recent workshop meetings was the fact that many permanent and second-home residents do not truly need the second pickup of the week during the summer months.  It is believed this comment is valid, and Mr. Rush will be working closely with Waste Industries over the next couple of months to design a system whereby permanent and second-home residents would only receive once a week service at a lower cost.  Regardless of whether or not such a system is implemented in the future, it is still the staff’s recommendation to implement the requirements in the attached solid waste ordinance amendment presented for review on March 11.  It is also likely that the mandatory use of 65-gallon and 90-gallon rollout containers would enhance the potential for reducing to once a week service for permanent and second-home residents in the future because many would then have higher containment capacities.

It is recognized that this issue is a controversial and emotional issue, and that there is no solution that is perfect for everyone.  Mr. Rush, as Town Manager and staff, are charged with developing recommendations that consider the overall impact (positive and negative) on the entire community, and believe that the attached ordinance provides the greatest potential for addressing the solid waste issues in Emerald Isle.  If the Board does not believe this is the correct approach, staff will be happy to develop solutions involving the use of solid waste racks.  Mr. Rush strongly suggested, however, that the Board standardize the type of containers used and develop specific standards for the construction and placement of these racks.  Finally, as is the case with the concept implemented with the attached ordinance, Mr. Rush strongly suggested the employment of a dedicated enforcement officer.

Mr. Rush answered that if there is a violation, it is $100 fine. However that person could have that ticket waived if they purchase a new container and put it in service.

            Commissioner Marks reported she has been getting lots of e-mails, pro and con. She guesses her feeling is, having been a second homeowner for 6 years until they moved permanently, that every second homeowner have other expenses like phone, electricity and water bills.  You pay them.  Those add up to far more than what is being discussed about trash.  She would like to see the town look better.  She asked, “Why are we constantly fighting about everything?”  Most agree there is a problem.  When the ordinance was changed last time, she stood up and asked that the full-time residents not be penalized and required to go to a 90-gallon roll out when they do not need one.  The town is taking two of their top people to try and enforce the present ordinance. She asked to give it a try.

            Commissioner Farmer noted there has been a lot of misunderstanding.  She thinks people are thinking that racks are no longer allowed.  What is being said is they are not allowed on the right-of-way.  They will have to be at least 30-feet back from the road.  For those who do not have a lot of vegetation, she advised to keep their racks because otherwise, they are going to be blowing all over the place.

            Commissioner McElraft has a rental property, she has her trash contained, she never got a ticket, she never had overflow and she has racks on both sides of the duplex.  There are many residents who contain their own trash in the rental area.  She will buy the 90-gallon trashcans and roll it out if she has to but it is not fair for the people who are not causing the problems, the permanent residents and second homeowners.  She stated, “We are throwing the baby out with the bath water”. She does not mind paying a part-time person to go out and take the burden off those people.  She also suggested getting out there and making the ordinance we have work.  She is opposed to the proposed ordinance and will not vote for it.

            Commissioner Messer commented there are some things in the ordinance he likes and some things the town needs.  There are more things he doesn’t like and he will not be able to support it as it is.

            Commissioner Marks commented about neighbors helping neighbors.  That is what this is all about.

            Commissioner Eckhardt commented some accused him of just looking at short-term objectives.  That surprised him a little because he considers the board is looking at long-term objectives.  For the past 10 years, every board has dealt with this problem.  This board is looking at it long term.  The existing ordinance has been on effect two years.  It does not work.  Three of the main goals were approve appearance, which he disagrees is unimportant; they looked at sanitation and  containment.  The ordinance addresses all three of those.  In addressing sanitation, the 40, 60, and 90-gallon cans have lids that stay on.  They are not flying around; they are not upside down.  They are good containers.  The town cannot say that now.  When appearance was addressed, Commissioner Eckhardt invited everyone to drive down any community or drive down to Pine Knoll Shores who allows racks.  All the other communities along the coast do not allow racks in the front yard.  No one can drive around and tell him it looks good because it does not look good.  It looks better without them.  The format in this ordinance is simple.  There is adequate containment and getting trash onto private property rather than putting it on the ROW.  He will vote for the ordinance realizing it does not serve everyone but everyone has the opportunity to support the ordinance.

            Commissioner Farmer noted she has said she also supports this ordinance.  She thinks containment was the major spur for the board to do something.  She thinks the other equally important thing to her is the appearance of the town.  She does not think showcasing the trans cans on the street is attractive.   She thinks there are very few towns that will allow you to do that.  It may be convenient for some, and would probably be very convenient for her to have a rack sitting there when she goes out of town, but she has found she can pay kids a couple of bucks to roll it in and out for her.  She can ask a neighbor to do it.  In fact, she does not know of anyone on her street that has racks.  Commissioner Farmer is comfortable with the proposed ordinance and will support it.  It will make a tremendous difference.

            Commissioner Farmer made a motion to adopt the Ordinance Amending Chapter 15 – Solid Waste Management – to implement a new Solid Waste Service Plan revised at 5:00 p.m.

            Mr. Rush commented that another method would be to have town employees available to roll containments back.  He encouraged the board, it they adopt this ordinance and find that is becoming a bigger problem, they can look at that as an alternative solution somewhere down the line. It would be relative inexpensive to solve that problem.        

            Commissioner Farmer asked Attorney Taylor to look into the process time. 

            Town Attorney Taylor noted it would take some time and process in getting started based on what he has heard, the town is going to get the containers, and there is a schedule to get the containers out.  There will be some time in implementing this ordnance.  He said, you can pass it as is or take that out either way.  He can research to see if this needs to be done either in tandem or some other matter in the process.  We are talking about the use of property and it has to be done in due process.  He does know these ordinances are in place all over the place based on the public good.  Generally these things are passed to keep litter off the streets.  He will reserve his opinion to change his mind if he finds research with more points that would steer him in the other direction.

            The board voted with a split vote, 3-2.  Commissioners Farmer, Marks and Eckhardt voted to approve the Ordinance Amendment and Commissioners Messer and McElraft were opposed.

            This ordinance will be up for a 2^nd reading at the Special Meeting of the Board of Commissioners on Thursday, March 27, 2003.

APPOINTMENTS

a.       4 seats on the Planning Board

b.      1 Alternate – Board of Adjustment

            Nominated to the Planning Board by Commissioner Farmer, were Pat Patteson, Art Daniel, Pam Minnick and Jim Craig for terms ending March 15, 2005 and the board voted unanimously, 5-0.  Motion carried.

            Nominated to the Board of Adjustment by Commissioner Marks was Russell Adams for the unexpired term ending May 15, 2003 and to the term ending may 15, 2005 .  The board voted unanimously, with a vote of 5-0.  Motion carried.

COMMENTS FROM TOWN CLERK, TOWN ATTORNEY AND TOWN MANAGER.

            There were no comments from the Town Clerk nor Town Attorney.  Town Manager Rush reported on the following.

Public Hearing on Amendment to Primary Benefit Special Tax District  - Mr. Rush has previously asked the Board to schedule a public hearing to remove a portion of Bogue Inlet Pier from the Primary Benefit (oceanfront) special tax district for the March 11 meeting.  Because he was unable to meet the statutory notification requirements, this public hearing will be rescheduled for either the April 8 or May 13 regular Board meeting.  This issue is not expected to be controversial, and must simply be completed prior to June 30 in order to take effect next fiscal year.

Joint Planning Board / Board of Commissioners Workshop on Dunes and Vegetation Ordinance - A staff committee comprised of Carol Angus, Brad Fischer, and Michael Harvey (planning consultant) is hard at work on an alternative, staff-developed proposal to improve the Town’s dunes and vegetation ordinance, and I hope to present this proposal to both Boards at a special meeting in the near future.  The Planning Board is also holding a special workshop meeting on March 10 to discuss the status of the dunes and vegetation ordinance, and I hope they will provide additional guidance to the staff. 

Eastern Phase Beach Nourishment

Beach Access Parking Plan On Hold - Emerald Isle, along with the other towns on Bogue Banks, is currently pursuing a federal Shore Protection Project through the US Army Corps of Engineers that would provide significant federal funding for periodic nourishment of Emerald Isle’s beach.  The project is currently in the Feasibility Phase, with construction tentatively scheduled for the latter part of this decade. 

COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR

            There were no comments from the Commissioners nor Mayor.

ADJOURN

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

Respectfully submitted,

Carolyn K. Custy
Certified Municipal Clerk