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MINUTES OF THE
REGULAR SCHEDULED MEETING
OF THE EMERALD
ISLE BOARD OF COMMISSIONERS
TUESDAY, AUGUST
12, 2003 – 7:00 P.M. – TOWN HALL
Present for the meeting were Mayor Schools, Commissioners
Eckhardt, Farmer, Marks, McElraft, and Messer. Others present were Town
Attorney Derek Taylor, Town Manager Frank Rush, Assistant Town Manager/Finance
Officer Georgia Overman, Town Clerk Rhonda Ferebee, Planning Director Kevin Reed
and Fire Chief Bill Walker.
4. ADOPTION OF AGENDA
Motion was made by Commissioner McElraft to accept
the agenda. The Board voted unanimously 5-0 in favor. Motion carried.
5. SPECIAL PRESENTATION TO FORMER PLANNING BOARD
CHAIRMAN ART DANIEL
Mayor Schools presented former Planning Board Chairman Art
Daniel with a plaque of appreciation in recognition of his service and
dedication to the Town of Emerald Isle. He added that Mr. Daniel had helped
with many difficult situations and projects and that his help over the last
several years was appreciated.
6. PUBLIC ANNOUNCEMENTS
Mr. Rush asked Fire Chief Bill Walker to address the Board
concerning the many water rescues due to the very dangerous riptides over the
last few days and what was being done to keep residents and visitors as safe as
possible.
Fire Chief Walker gave a summary of recent events during
this very unique week as far as weather. He described that one of the boats
from Station 2 went down in the water rescue search in the middle of the sound
during the tornado that went through Morehead City the week before. He noted
that when they assessed the beach the previous Saturday they decided to red flag
the beach and have the beach patrol advise people along the beach that it was
not safe to go in the water. All off duty personnel were called in to assist in
the water rescue calls they were responding to, and said that over Saturday and
Sunday that they pulled out approximately 35 people from the water in rescues
alone. After talking with the National Weather Service it was determined that
they were looking at Thursday before they would get a break in the weather.
Chief Walker added that during one of the rescues the previous week one our own
Firefighters was trapped when the rescue boat took on water and with the
help of Tim Simpson, TowBoat US and the Coast Guard they were able to
bring our Firefighter in to shore to the Emerald Isle EMS. The Firefighter
sustained some injuries and was now resting at home. Mr. Walker also credited
the work of our Police Department. He said that they are taking a very
proactive approach to try and get the word out to the public, through the media
and loud speakers on the beach to stay out of the water until conditions change
and they can go in safely.
Mr. Rush commended those departments saying that they had
really risen to the challenge and had been going non-stop with the water
rescues. He noted one sad event that occurred on the beach the previous
Saturday and that our prayers went out to the family. He felt that the Fire
Department, Police Department, and EMS had all done a terrific job.
Mayor Schools thanked Fire Chief Walker for all the work
they had done.
Commissioner Farmer added how important the beach patrol
had been in the water rescues and also the surfers in Emerald Isle who were
often out helping people who were unable to get in.
Mayor Schools noted that Emerald Isle Realty had sent out a
team from Emerald Isle Realty to all of their renters, particularly oceanfront,
to tell them to stay out of the water.
Mayor Schools mentioned the success of the Blood Drive the
previous Friday. The next Blood Drive should be October 8.
Mayor Schools said that Big Sweep, the beach and street
clean-up was set for September 20th, meeting at the Western Park from
9 a.m. until 12 noon with free hotdogs and drinks following.
Mayor Schools said that the Library would be closing on
August 29 and moving to the new location on Taylor Notion Road in Cape Carteret
opening on October 1.
Pam Minnick, co-coordinator with Emilie Zucker on the Sea
Turtle Protection Program of Emerald Isle, updated the Board about the turtles
in Emerald Isle. She noted that this year so far there are 21 nests and 8 of
those are in the re-nourished sand. She said they can always use more
volunteers.
Commissioner Eckhardt thanked Ms. Minnick, as well as
Emilie and Bernie Zucker for their dedication to this program.
Mayor Schools mentioned that the Town had received a thank
you note from Island Cat Allies for the $1,000 contribution.
Commissioner McElraft added that the Island Cat Allies can
always use money and volunteers.
Mayor Schools then mentioned the upcoming election. He
mentioned that he was running for Mayor as well as his opponent Pete Allen.
Also all the current Commissioners were running for re-reelection and then he
introduced all those in the audience that were also running for Commissioner;
Bob Isenhour, Frank Vance, John Wootten, Mark Brennesholtz, and Nita Hedreen.
7. CONSENT AGENDA
Mr. Rush noted to the Board that two of the items on the
consent agenda had been slightly revised; the first being Item 7(f).
Emergency Medical Services Contract Extension, correcting the amount of
compensation to $187,200. Secondly item 7(g). Personnel Policy Amendment
– Small Pox Vaccination Sick Leave, the revised item is identical except for the
addition of another provision that any workers compensation payments that are
made available to the employee would reduce the amount of sick leave that they
would use from the Town for this purpose so that they would receive only 100% of
their salary if they do have adverse medical reactions to the small pox
vaccination.
Commissoner McElraft requested that Item (e) Capital
Project Ordinance Amendment – Emerald Isle Woods Park be removed from the
consent agenda.
Motion was made by Commissioner Farmer to approve the
Consent Agenda. The Board voted unanimously 5-0 in favor. Motion carried.
8. PUBLIC COMMENT
Charles Stuber, 1106 Timber Trail, spoke about the garbage
situation mainly in the rental homes. He had observed that the garbage
containers were not being distributed uniformly on properties when rolled back.
He felt that renters may not be clear about the regulations concerning garbage.
He said the garbage cans were not stable in high winds and often blow over. He
compared his situation the previous year with his sturdy racks versus the
situation this year, also recommending more cans be required per bedroom.
Wayne Cunningham, 2001 Emerald Drive, had a question for
Mr. Rush concerning a walkway that they have had constructed and three times now
there has been a note that it did not pass inspection and there doesn’t seem to
be anything done.
Mr. Rush said that they had the Parks and Recreation
maintenance crew out making some additional adjustments to the walkway and was
not aware that it was presenting any hazardous conditions to anyone.
Mr. Cunningham also mentioned large rocks on the beach
between 19th and 20th Street.
Mr. Rush responded that there had been three comprehensive
clean-ups of rocks on the beach since mid-April. The Public Works crew is out
twice a week picking up trash and also rocks periodically as well.
ITEM E – CAPITAL PROJECT ORDINANCE AMENDMENT –
EMERALD ISLE WOODS PARK
Mr. Rush noted that the attached Capital Project Ordinance
formally establishes the project for the new Emerald Isle Woods Park. The Parks
and Recreation Trust Fund (PARTF) has awarded the Town a $250,000 grant to
construct the park. The Town’s required match is $250,000, which brings the
total budget for the new park to $500,000.
Motion was made by Commissioner Farmer to approve the
Capital Project Ordinance for Emerald Isle Woods Park.
Commissioner McElraft commented that she didn’t want to
rubber stamp this because all along she had been against this, not against the
park, but against the 25 year commitment that this grant creates for the Town of
Emerald Isle on property that we are not sure we will get to keep because it
hasn’t been permitted yet for the stormwater project.
Commissioner Messer added that he didn’t support the grant
because we would have to borrow the money to match it and he felt that was okay
if it was something of absolute necessity but he felt that this was not the
case.
Commissioner Farmer asked if Mr. Rush would discuss the
financing for this and she also added that she appreciated the comments in the
News-Times recently from Rick Shiver with Division of Water Quality, one of the
key permitting agencies for the stormwater project. She felt that permitting
would not be a problem.
Commissioner McElraft said that the Moffat & Nichol project
was supposed to have spraying into the sound at the end of the project, DWQ has
said that is never going to happen unless the waters are shut down for storms
and you could spray into the sound without permits in that circumstance. She
added that they still have EPA to be concerned with also.
Commissioner Farmers said that the fact that they couldn’t
use the spreader bar into the marsh by the sound should not be a problem.
The Board voted 3-2 with Eckhardt, Farmer, Marks in
favor, McElraft and Messer opposed. Motion carried.
9. PROCLAMATION – 2003 EMERALD ISLE FALL CLEANUP
DAY
Mayor Schools said that the State of North Carolina has a
program called Beach Sweep where they are cleaning up the beaches and they also
have another program they call Fall Litter Cleanup which is for the streets.
The Town wants to combine the two of them together and have this on September
20. He encouraged any civic groups or schools groups to be involved in the
program this year.
10. PRESENTATION – BOGUE BANKS WATER CORPORATION –
PLANNED NEW ELEVATED WATER STORAGE TANK, OCEAN OAKS DRIVE
John McLean with the Bogue Banks Water Corporation Board of
Directors, presented to the Board and the public Bogue Banks Water Corporation’s
plans to construct a new 500,000 gallon elevated water storage tank at the
corner of Coast Guard Road, Ocean Oaks Drive, and Pinewood Place. Mr. McLean
provided information on the overall system, the need for the new tank, the
specifications of the new tank, and the timetable for construction during his
presentation.
Mr. McLean noted that they had owned this well site and
have had a well there for approximately 20 years. It is 200 feet square
approximately. He said that some years ago Alesia Sanderson, Parks and
Recreation Director, had approached him with the request to have a park on their
well site with playground equipment. They said if they mowed the grass they
could have the park and they have been operating under that premise for some
years now. There is also a well house on the corner. Mr. McLean distributed to
the Board and showed the Public a photo of the proposed water storage tank.
Mr. McLean said they are ready to proceed and are now
working on getting permits. He said that Mr. Rush had asked if he would come
and talk about this and he would be glad to answer any questions.
Commissioner Messer asked if there was any way to
accomplish the flow of pressure needed with something not so tall.
Mr. McLean said that these tanks must be exactly level. He
noted that they have between 50 and 60 pounds of pressure throughout the
Island.
Commissioner Messer asked if Bogue Banks Water Corporation
would be receptive to another location if something could be worked out that
would be satisfactory.
Mr. McLean said that he thought that they would discuss
it.
Commissioner Farmer asked if it was possible to do a low
storage tank with a pump or series of pumps. Mr. McLean said they had found
that to be unsatisfactory and they need the elevated storage tank.
Commissioner Farmer said that she knew there were many
upset residents in that neighborhood. She wondered if there was a way to make
less of an impact in that neighborhood and still provide the service and the
pressure that the Fire Department needed.
Mr. McLean said that they have no regulatory problems and
they meet all the criteria that is needed for the State of North Carolina. This
he said is being done because they can borrow the money and they can improve
Emerald Isle.
Commissioner McElraft mentioned the possibility of locating
down near the Coast Guard Station.
Kim Hebert, Ocean Oaks homeowner, speaking on behalf of a
group of residents from the surrounding neighborhoods expressed their concerns
about the proposed water tower being located on this site. She felt it may
lower property values and hoped it could be located elsewhere.
Commissioner Farmer wanted to point out that the Board has
nothing to do with this decision, they had requested that this be on the agenda
so that people could hear what the plans are and have the opportunity to express
their concerns.
Commissioner Eckhardt asked about the timeline for this
project.
Mr. McLean said about six months for the construction
project.
Commissioner McElraft said that there had been a suggestion
about looking at the 40 acres, checking with the Clean Water Trust Fund to see
if there was a possibility of locating it there.
Mr. McLean said get them a 99 year lease and get access and
he felt the Board (BBWC) could be talked into moving it.
After further discussion the Town Board directed to staff
that alternative sites be pursued that would be satisfactory to Bogue Banks
Water Corporation.
11. ORDINANCE AMENDING CHAPTER 19 – ZONING – TO
ALLOW LESS INTENSIVE REZONING REQUESTS WITHIN ONE YEAR OF REZONING DENIAL
Kevin Reed, Planning Director, presented the information
concerning this ordinance amendment to the Board. The Town’s current zoning
ordinance prohibits an applicant from requesting the rezoning of a tract of land
if a previous rezoning request has been denied within the past year. The
attached ordinance amendment would allow an applicant to request a rezoning to a
less intensive zoning district within one year, according to a hierarchy of
zoning district intensity included in the ordinance amendment.
Motion was made by Commissioner Farmer to open the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
There were no comments.
Motion was made by Commissioner Eckhardt to close the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
There was no discussion.
Motion was made by Commissioner Messer to adopt the
Ordinance Amending Chapter 19 – Zoning – To Allow Less Intensive Rezoning
Requests Within One Year of Rezoning Denial.
Commissioner Farmer stated that she fully supported this.
The Board voted unanimously 5-0 in favor. Motion
carried.
12. ORDINANCE AMENDING CHAPTER 10 – LICENSES AND
BUSINESS REGULATIONS – TO REPEAL ARTICLE IV GOVERNING MASSEURS, MASSEUSES,
MASSAGE PARLORS, HEALTH SALONS, AND CLUBS
13. ORDINANCE AMENDING CHAPTER 19 – ZONING – TO LIST
LICENSED HEALTH CARE PROFESSIONALS AS A PERMITTED USE AND DEFINE THE TERM
LICENSED HEALTH CARE PROFESSIONALS
Kevin Reed, Planning Director, requested that he be allowed
to discuss Items 12 and 13 together and with the Town Attorney’s concurrence he
felt it would be appropriate to conduct the Public Hearing for those items
together since they are intertwined.
The Town’s current ordinances prevent legitimate, licensed
massage and bodywork therapy practices from opening in Emerald Isle. The Town’s
current ordinances were adopted in 1986, and are geared toward adult business
establishments that defined their services as “massages” or related services. A
1998 State law was enacted to segregate adult businesses from legitimate
practitioners, and supersedes the Town’s current ordinances. The attached
ordinance amendment would repeal Chapter 10, Article IV, and would rely on the
1998 State law to control massage-related services.
The Table of Permitted uses in the Zoning Ordinance
currently allows doctors’ and dentists’ offices in the B1, B2, and B3 zones.
The attached ordinance amendment changes this label to “licensed health care
professionals” in an attempt to specifically allow other types of health care
practitioners. The ordinance amendment defines “licensed health care
professionals” to include doctors, dentists, chiropractors, podiatrists,
occupational therapists, nurses, acupuncturists, and massage therapists, and
other types of health care professionals licensed by the State of North
Carolina.
A licensed practitioner has requested this ordinance
amendment in an effort to open a practice in Emerald Isle in the near future.
Mr. Reed noted that this matter was presented to the
Planning Board at their July 28 meeting specifically and they unanimously
recommended the approval of the ordinance amendments.
Motion was made by Commissioner Farmer to open the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
Bright Walker, 5415 Cedar Tree Lane, addressed the Board,
noting that she is a licensed Acupuncturist and a licensed Massage Therapist by
the State of North Carolina. She said that she is also nationally certified in
both of these fields. Ms. Walker discussed her experience in this field of
work. She also said that in 1998 Governor Hunt signed into law the North
Carolina Massage and Body Work Therapy Practice Act , within which the North
Carolina Board of Massage and Body Work Therapy was created. She said that this
was a state regulatory board to protect the public and prevent those unqualified
and unethical from practicing massage therapy. She said that they approve
schools of therapeutic massage, they regulate and license massage therapists and
they take very seriously disciplinary action against those trying to practice
who are unqualified or unethical. Ms. Walker cited General Statute Chapter 90
Article 36 as putting massage therapists in the category of licensed health care
professionals, the same category that doctors, nurses, dentists, acupuncturists,
physical therapists, occupational therapists, chiropractors, and podiatrists are
in and are all required by law to have a licensed practice. Ms. Walker noted
that health professionals must obtain a State license and are therefore exempt
from city and county licenses taxes. She gave the Board a copy of what Morehead
City has done in their tax schedule exemption as an example. She also wanted
to address in the ordinance which refers to massage parlors, in its title,
unfortunately historically adult entertainment has used the word massage and
this has created a lot of confusion in understanding the difference between
professional health care and therapy and adult entertainment. She felt it was
important to clarify the difference between massage therapy and “massage
parlor”.
Attorney Derek Taylor said that he had reviewed Ms.
Walker’s suggestions and his suggestion was they should do this. He noted that
in the specific statutes that she points out - the last thing it says is
regulation by county or municipality – it says “however a county or municipality
may not impose regulations that are inconsistent with this Article”. He
concurred that our ordinance is inconsistent and said that there are things in
this statute which provide remedial action for those that would violate the
state law including criminal infractions which could be enforced by our own
Police Department if necessary so there would still be some enforcement control
here as well.
Motion was made by Commissioner Eckhardt to close the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
There was no discussion by the Board.
Motion was made by Commissioner McElraft to adopt the
Ordinance Amending chapter 10 – Licenses and Business Regulations – To Repeal
Article IV Governing Masseurs, Masseuses, Massage Parlors, Health Salons, and
Clubs. The Board voted unanimously 5-0 in favor. Motion carried.
Motion was made by Commissioner Eckhardt to adopt the
Ordinance Amending Chapter 19 – Zoning – To List Licensed Health Care
Professionals as a Permitted Use and Define the Term Licensed Health Care
Professionals. The Board voted unanimously 5-0 in favor. Motion carried.
14. ORDINANCE AMENDING CHAPTER 15 – SOLID WASTE
MANAGEMENT – TO IMPLEMENT CHANGES TO THE TOWN’S YARD WASTE PROGRAM
Mr. Rush described to the Board the new yard waste
collection system scheduled to begin on October 1, 2003. The new program offers
more frequent collection (every Monday), relaxes the requirements for yard waste
preparation (the only limit is that tree segments be no longer than 8 ft.), and
is less expensive than the current service. Mr. Rush said that Waste Industries
currently provides this service but they will cease providing this service on
September 1. During the budget process the Board approved up to $85,000 for the
purchase of a new automated truck that will greatly improve the service that we
provide and make it more efficient. It will enable us to provide this service
in-house with one staff person in the Public Works Department.
Mr. Rush outlined the details of the new service plan:
- The Town will continue to require property owners to
call in yard waste collection points, i.e. the “reservations system”.
- The Town will now collect yard waste every Monday
on the “reservation system”. Service is currently provided on the 1st
and 3rd Wednesdays only. This new schedule will provide more
frequent collection and will also remove yard waste piles immediately after
weekend cleanup work by our property owners.
- The town will internally dedicate every Thursday as an
extra yard waste collection day if the number of collection points/yard waste
volume on the preceding Monday is too great to collect all in one day. The
Thursday collection day will not be advertised, but will be reserved if
necessary. The new truck will be operated by the same Public Works employee
who is responsible for trash can roll-back service, and his “light days” for
the roll back service are Mondays and Thursdays, so this schedule works out
very well from an operational standpoint.
- The Town will not collect construction debris. (No
change from current practice.)
- The Town’s current guideline requires yard waste to be
assembled in 4 ft. segments that are no larger than 5 inches in diameter in
order to be picked up. The new guidelines will be maximum 8 ft. long
segments and no limit on the diameter. This should make it easier for our
property owners to prepare their yard waste for pickup. The new automated
truck will be able to pick up the larger yard waste items with no difficulty.
- The Town will continue to require loose yard waste to be
bagged or containerized.
- The Town’s service is available to “do it yourselfers”
only. The Town will not pick up yard waste generated by a commercial
service. This is sometimes difficult to determine, and we will continue to
rely on the judgment of the Town’s personnel to determine whether or not the
Town will pick up the yard waste.
Mr. Rush said that originally they had estimated they would
save about $5000 - $10,000 per year with this new program, part of the original
plan included taking the debris to a site owned by L. B. Page which was
basically worth about $5,000, they were going to accept it free of charge
instead of the current destination which is the transfer station on Hibbs Road.
They learned that L. B. Page did not have the proper permits for this so they
would still be taking it to Hibbs Road, nonetheless, they still project a
savings of at least $5,000 annually.
Commissioner McElraft asked about lots that are cleared.
Before they have only picked up on lots with houses because they are the people
paying the waste fees.
Mr. Rush said that is correct and that policy will remain
in place. He said that it is not included in this ordinance because that was
not previously codified. The amendment here tonight is amending the
codification which dealt with preparation requirements. He said they could
incorporate that into the ordinance if they would like but it has been handled as an internal
policy for the Town that they will not pick up a vacant lot that has been
handled by a commercial contractor.
Commissioner McElraft asked about someone hand clearing
their lot because actually they are paying the taxes on this now as they are
buying the brush truck and that is not in the solid waste ordinance fee if that
is correct.
Mr. Rush said that the whole debt service on the brush
truck is funded by the solid waste fee. He added that every solid waste
function that the Town performs is funded by that fee.
Commissioner McElraft said that one other question was that
a lot of seniors do hire someone to come and do their yard waste and have to pay
the contractor a hauling fee and she questioned why those people who are paying
the same taxes for their debris and trash service had to pay the commercial
person to haul it off if it is something that came off of their lot.
Mr. Rush understood this concern and said they could amend
this if the Board would like it amended but that had been the past practice here
for several years, the notion being that the contractor is many times charging a
fee to the homeowner for that service and that they should be required to haul
it away as part of their fee.
Commissioner Farmer said that she did not have a problem
with this service being available to everybody.
Commissioner McElraft said that it would just be a matter
of deleting this one point concerning “do it yourselfers”.
Mr. Rush said that if it was the Boards pleasure then they
would certainly amend this policy.
Commissioner Marks said that another concern after
hurricanes had been people putting debris into the yard waste that was not yard
waste.
Mr. Rush said that they will not pick up construction
debris.
Motion was made by Commissioner Marks to adopt the
Ordinance Amending Chapter 15 – Solid Waste Management – To Implement Changes to
the Town’s Yard Waste Program.
Mr. Rush noted that the removal of the portion concerning
“do it yourselfers” would be handled internally.
Commissioner Eckhardt wondered if we could take some of the
load off of the Town’s people during September by possibly putting that in the
Islander that the Town would not be having this service during September to
possibly take some of the load off.
Mr. Rush said they could certainly consider this and he
realized that they have been asking a lot of our Public Works Department
lately. He said the goal was to maintain the continuity of service during
September. Mr. Rush said that the estimated delivery date of the brush truck is
September 7 and if that comes in they would start using it then.
The Board voted unanimously 5-0 in favor. Motion
carried.
15. LEASE-PURCHASE INSTALLMENT FINANCING AGREEMENT –
NEW AUTOMATED BRUSH TRUCK
Mitsy Overman, Assistant Town Manager, briefed the Board
concerning the lease-purchase installment financing agreement. The Board of
Commissioners is asked to approved the attached resolution authorizing a
lease-purchase installment financing agreement with Bank of America Leasing and
Capital, LLC to purchase a new automated brush truck for the Town’s new yard
waste program. The total amount financed is $76,170, and the term of the
agreement is 4 years. The annual interest rate is 2.92573%. Bank of America
submitted the lowest interest rate of 4 lending institutions that responded to
the Town’s request for financing proposals. The annual debt service payment
will be $19,874.
Motion was made by Commissioner Farmer to open the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
There were no comments.
Motion was made by Commissioner Marks to close the
Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.
Commissioner McElraft asked how firm were the rates and for
how long due to interest rates skyrocketing.
Mr. Rush said there was no concern, there is a lock in
period.
Motion was made by Commissioner McElraft to approve
the resolution authorizing a lease-purchase installment financing agreement.
The Board voted unanimously 5-0 in favor. Motion carried.
16. DISCUSSION – ORDINANCE AMENDING CHAPTER 5 –
BEACH AND SHORE REGULATIONS – TO ALLOW SAILBOAT STORAGE ON FRONTAL DUNES
Mr. Rush said that the attached ordinance is presented for
discussion and to potentially consider amending the Town’s front dune protection
ordinance. The attached ordinance amendment adds “small sailboat storage” to
the list of permitted activities on the frontal dunes. This ordinance amendment
is presented in response to recent concerns expressed by oceanfront property
owners utilizing the frontal dunes for “small sailboat storage”.
Mr. Rush included this item on the agenda for
“discussion/possible consideration”. In accordance with the Board’s two-meeting
policy for ordinance amendments, it would be appropriate to discuss this
ordinance amendment at the August meeting and delay formal consideration until
the September meeting. However, because this ordinance amendment is rather
simple, the Board may wish to formally consider it at the August meeting. Any
decision on the timing is completely at the Board’s discretion.
After the new ordinance was adopted earlier this year, the
Town’s beach patrol officers (Fire and Police) were instructed to identify any
small sailboats (i.e.,Hobie Cats, Sunfish, and other similar small sailboats)
currently being stored on the frontal dunes. We then contacted the owners of
these 3 sailboats to inform them of the new ordinance. The owners were
frustrated by the new limitation, and cited 1) that in their locations, there is
very little or no flat beach left to store the sailboats on, thus making them
subject to being washed away by the tide, 2) one of the things they enjoy best
about Emerald Isle is the opportunity to take their sailboats into the ocean on
a routine and convenient basis, and 3) the fact that no driving is permitted on
the beach in the summer, thus there is no easy way to put the sailboat into the
water during the summer months. Because I believe these are reasonable
concerns, I have brought this issue to the Board’s attention.
If the Board amends the attached ordinance amendment,
oceanfront property owners and their agents (i.e., any one that they allow) will
be permitted to store small sailboats on the frontal dunes. The ordinance does
provide that if the storage of the sailboat compromises the integrity of the
frontal dune that the Town can direct the owner to remove the sailboat or face a
penalty for violation. I envision invoking this provision if attempts are made
to store small sailboats on the new frontal dunes constructed as part of the
recent nourishment project while recently planted vegetation is still
vulnerable.
If the Board does not wish to amend the ordinance, we will
begin issuing citations for sailboat storage on the frontal dunes.
Mayor Schools asked if there were any comments.
Wayne Yelverton, 6611 Ocean Drive, objected to listening to
the rattle of aluminum masts in the wind.
Gail Weldon, 105 Jackson Avenue, said that she and her
husband both owned a Hobie Cat. She said that they have not stored their boat
on the beach but they have used it on the beach during the season. The location
they use is by the drive-on access and there is an easement that they use and
push it on the frontal dune right there. They push it up enough to keep it away
from the tides but never enough to destroy anything. She said she is very
environmentally conscience in protecting the dunes and encouraging others to do
so. She said it is a source of entertainment and they would like to be able to
continue to do this during the season. She also noted concerning the clanking
noise mentioned before, that can be adjusted.
Bill Reist, 8520 Woodcliff Drive, thought the Board should
consider a couple of things. First he asked if they are considering frontal
dunes up where they want grass to grow? He also wondered if you are setting a
precedent, would this open the barn door for everyone else to start pulling
their boats up. He was mainly concerned with trying to get the sea grass
growing. He thought they could consider maybe a particular place right next to
their walkway and have a lift or something to keep them in place.
Mr. Rush said that there is also language that says if the
storage of the sailboat is undermining the Town Dune in the Town Inspection
Officer’s judgment then we could prohibit the storing of the sailboat there.
Mr. Rush said that he intentionally included that language to deal with the new
dunes that had been constructed on the east end because at this time they
wouldn’t want to allow that on the new dunes.
Commissioner McElraft in responding to Mr. Reists comment
about opening the barn door, the ordinance has allowed this in the past and they
now only have 4 or 5.
Lisa Guarino, 117 Azure Drive, wanted to add that she
thought that the boats are fine on the beach and the only time they need to be
up on the dune is when there will be a high tide. She also said that over the
past 12 years she has watched the few Hobie Cats on the beach and usually the
most she had seen were about 7 boats on all of Emerald Isle. She said they act
as a natural sand fence.
Commissioner Marks said that she is a Hobie Cat owner. She
said there is an access at Island Harbor Marina and they can sail out the inlet
which is what she does. Her concern was they have been trying to protect the
dunes and she wondered how they would get it over the dune to begin with –would
they drag it over the newly constructed dune.
Commissioner Messer said they would take them through the
access – by putting them on the beach before the accesses are closed and taking
them off after reopened.
Commissioner Marks said they currently don’t want pets or
kids on and in her mind it was a contradiction and she was concerned about this.
Commissioner Farmer agreed that ttthis was an inconsistency
that we are trying to keep people off the dunes and now we are saying maybe
boats, but on the other hand they are talking about 4 boats. If at some point
they end up with 50 boats then this may need to be revisited but she could see
nothing wrong with letting people do this.
Motion was made by Commissioner McElraft to adopt the
Ordinance Amending Chapter 5 – Beach and Shore Regulations – To Allow Sailboat
Storage on Frontal Dunes. The Board voted 5-0 in favor.
Commissioner Marks abstained, and her vote was
counted as a positive vote. Motion carried.
17. TOWN OF EMERALD ISLE FISCAL POLICY
Mr. Rush presented the Board with a formal fiscal policy
which is attached for the Board’s consideration. This formal fiscal policy is a
statement of the Board’s philosophy on the financial management of the Town, and
should reflect the Board’s financial goals for the Town. The recommended fiscal
policy is for the Board to consider and revise as desired or necessary.
The policy is intended to establish guidelines for the
Board of Commissioners to use during annual budget deliberations and other
financial deliberations throughout the year, and also to provide guidance to the
Town Manager and
Town staff on financial issues. The policy was drafted by
me, using a policy from another NC municipality as a model. The model policy
was revised significantly to reflect Emerald Isle’s situation, and also after
input from the Assistant Town Manager/Finance Officer, department heads, and the
Town’s auditor.
The Board should review the formal fiscal policy in detail;
however, I will summarize the significant policy provisions included in the
recommended fiscal policy:
- The Town will strive to maintain a stable tax rate. It
is always our goal to avoid any increase in the ad valorem (property tax) tax
rate, and at a minimum our goal is to avoid any significant increases in the
ad valorem tax rate.
- Specific cost recovery ratios are established for
various services and programs. In general, the Town will seek to recover
costs through user fees and permit fees when a clear beneficiary can be easily
determined. Certain operations, such as solid waste services, will be
operated like a business, with annual user fees established to recover the
full cost of operations.
- The Town will annually prepare 5-year revenue and
expenditure projections to provide as much foresight as possible when making
financial decisions.
- Debt will not be issued to finance operating
expenditures.
- The Town will maintain and update annually a 5-year
Capital Improvement/Replacment Program to effectively plan for major capital
needs. The Town’s goal is to spread major capital expenditures out over
several years to avoid any associated ad valorem tax increases.
- The Capital Replacement/Improvements Program will be
linked with other long-range planning documents to insure consistency in the
Town’s planning efforts.
- The Town will strive to fund vehicles and heavy
equipment purchases valued at less than $50,000 on a pay-as-you-go basis and
avoid the use of debt instruments for these purposes.
- The Town will seek to improve financial reporting and
budget documents to qualify for national recognition awards.
- Projects and/or equipment financed with debt instruments
will have a financing term that does not exceed the useful life of the project
and/or equipment.
- The Town’s total outstanding debt, including any beach
nourishment debt, will not exceed 2% of the total assessed valuation of the
Town. The Town’s current debt to assessed valuation ratio is approximately
.92%, and the maximum projected ration is 1.37%. This is well below the State
law that limits outstanding debt to 8% and well below the 2% - 2.5% standards
typically considered as upper limits by the NC Local Government Commission and
the New York bond rating agencies.
- The Town’s annual general debt service, excluding any
annual beach nourishment debt service, will not exceed 15% of General Fund
budgeted expenditures. The NC Local Government Commission and the New York
bond rating agencies consider a 15% - 20% figure as the upper limit. The
Town’s current ratio is approximately 11.5%, and is projected to decrease to
approximately 6.0% within 2 years.
- The Town will strive to maintain and/or improve its “A”
class bond rating from New York bond rating agencies, and its 78 rating from
the NC Municipal Council.
- The Town’s current undesignated fund balance goal is
established at 25%, with a goal to achieve a 50% undesignated fund balance in
6 years. Incremental goals are established in the policy. In order to
achieve this goal, the Town will need to build fund balance by an average of
approximately $250,000 per year over the 6 year period. This is admittedly an
ambitious goal, however, it is essential that the Town maintain a healthy fund
balance, particularly with our vulnerability to hurricanes.
- Fund balance will not be used to fund annual operating
expenditures except as a result of a fiscal emergency caused by a higher level
of government or as a result of a natural or man-made disaster.
- Fund balance may be appropriated for one-time
expenditures if necessary or desired.
- The Town will maintain a minimum reserve in the Beach
Nourishment Debt Service/Reserve Fund that is equivalent to at least one full
year’s worth of principal and interest payments on the beach nourishment
bonds.
- Fund balance in the Beach Nourishment/Debt Service
Reserve Fund will only be used if current projections indicate a net surplus
of at least $300,000 upon full retirement of the bonds.
- The Town’s investment policy establishes the following
priorities -1) safety, 2) liquidity, and 3) yield.
- The Town’s Audit Committee will review the Town’s
overall financial position at least twice annually with the Town Manager and
the Finance Director.
Commissioner Messer asked if Mr. Rush was saying that he
would not present them with a budget that had a tax increase in it in order to
maintain this fund balance.
Mr. Rush said that is correct that was not his intent.
Commissioner Farmer said she felt that should be in the
policy.
Commissioner McElraft said that it said that $250,000 per
year over a period of six years will be needed to just get up to that 50% level,
so by throwing that figure in the policy itself, that gives the indication that
you are going to raise taxes or that the Board should have to raise taxes to get
up to the 50%.
Mr. Rush said that he knew this would be a concern and that
has certainly never been the intent to raise taxes strictly for making fund
balance. He added that if we got a decree from the State or from the bond
rating agencies he would bring that to the Board for their consideration but
that is not the intent. The intent is to establish some goals and to make this
Board or future boards think twice at budget time about appropriating some fund
balance.
Commissioner Farmer said that she would like to see that in
the policy whereby we would not be raising taxes to increase the fund balance.
Commissioner McElraft said they could just delete the
$250,000 statement.
Commissioner Farmer said that while the fund balance is low
and needs to be increased she has trouble with the 50%. She felt if they had a
$250,000 surplus half should go back to the taxpayers.
Mayor Schools asked about stretching it out for 10 years.
If you take the schedule and make it 10 years rather than 5 years.
Commissioner McElraft said she would not have it in the
policy at all that they would be bound to any particular figure.
Commissioner Farmer said that she felt that what Mr. Rush
is saying is that in order to get to the goal that this is the figure that they
should be thinking of setting aside.
Mr. Rush clarified that the dollar figure was just in his
cover memo the actual policy itself would specify certain targets, for example
right now we are at 25%, next year our goal would be 27%, the following 30% then
34%. He said what the Mayor is suggesting is instead of trying to reach 50% in 6
years maybe do it over 10 or some other period of time.
Commissioner Farmer stated that the problem always is that
you need a good fund balance but that fund balance represents tax payer money
that the Town is hanging onto so there is a happy medium there somewhere.
Mr. Rush said that if they were not happy with the 50% goal
they could establish a goal that reflects their position.
Commissioner Eckhardt said that the percentage was
arbitrary anyway so why didn’t they make it a goal.
Commissioner Messer didn’t have a problem with the goal but
with the commitment to the goal.
Mr. Rush said there was nothing in the policy that was
binding on them, it is an expression of what they intend to do in those
situations.
John Wootten, 103 Eagles Nest Drive, commented that he
understood the need for a policy. He felt though that the policy must reflect
what Emerald Isle is and who we are, not anybody else. He felt the plan should
be very flexible, giving general direction of the financial policy of the Town.
He is looking at this from a business standpoint. He pointed out, for example,
the statement in the policy that says to buy anything outright under $50,000,
that fits now, in other years that didn’t fit, the markets were different,
therefore the Town went for three or four years leasing vehicles. Mr. Wootten
discussed other issues in the policy concerning the fund balance, cautioning
about comparing Emerald Isle with other towns. He felt it was very important to
make sure the fund balance is appropriate. He brought up debt measurement in
the policy. He felt that the appropriate measurement of debt in this Town is as
a ratio to recurring operational expenses that you can explain to citizens.
Commissioner Farmer asked about the comparison charts. Mr.
Rush stated that these charts compare apples to apples, compares our general
fund with Nags Head, Atlantic Beach. He said that he didn’t expect the Town to
being going out for general obligation bond issues but very infrequently but
there is one coming up next September or October for the Point project where
they will have to go back to New York to the rating agencies and hopefully get a
better bond rating than we got this time. He felt that it is important to
display this financial strength to the outside world. He said that it is
practical to strive for the high rating and it is a source of pride for the Town
and for the staff and gives our citizens confidence in our financial management
as well.
Commissioner McElraft said that she had no problem with it
as long as they keep the policy of not raising taxes to get it.
Mr. Rush said he gathered this was the consensus of the
Board.
Commissioner Farmer asked about the net surplus of at least
$300,000 in beach nourishment debt service reserve fund. Mr. Rush responded
that he is saying
for example when they made the decision at budget time to
reduce the tax rate by 1-cent they were projecting at the end of the project
life at the time the bonds are paid they would have a balance of about $2.2 or
$2.3 million dollars. When that decision was made they revised the projection
and it was about 1.1 million dollars. He said that right now because they
transferred $200,000 to the eastern phase capital project at the last meeting
they are projecting a balance of around $900,000. What he is suggesting is that
under no circumstance would they ever deplete that reserve so that our final
projection was less that $300,000.
Mr. Rush said that the reason he recommended the $300,000,
is that even after they take some money out to go toward the project, we are not
cutting it so much by the time the bonds are paid off so there is some room if
we did have a hurricane or lose structures or tax base we have a little bit
extra to cover it which was the intention behind that.
Mr. Rush said that he would like to have it set up so that
our projections indicate at least a $300,000 surplus at the end.
Commissioner Marks commented that she was impressed with
the budget that had been presented and the fact that they had been made public
and so accessible to everybody. She brought up the situation of losing
infrastructure during hurricane emergencies and the mention of being refunded by
FEMA, she mentioned the 84 to 86 period when we had the two big
winter storms, the Town was not declared a natural disaster or emergency so they
got no replacement funds for that.
Mr. Rush said that one of the reasons for having a healthy
fund balance is to get us through those fiscal emergencies that exist.
Mayor Schools said that it seemed like there were general
comments to try to modify the fund balance.
Commissioner Messer said that he would like to see it as a
goal but not a commitment.
Mr. Rush recommended deleting the target dates, ending with
Due to the Town’s coastal location, and the significant risk of hurricane
damages, the Town has an expressed goal of accumulating an undesignated General
Fund balance of 50% of annually budgeted General Fund expenditures. (period).
He envisioned a statement that says the Town will not raise taxes for the sole
purpose of increasing the Fund Balance.
Motion was made by Commissioner Farmer to approve the
Town of Emerald Isle Fiscal Policy stopping after the word expenditures in
Section F. (1), and a statement that includes that taxes won’t be raised
solely to increase the General Fund. The Board voted unanimously 5-0 in favor.
Motion carried.
18. APPOINTMENTS
Mayor Schools said there was a vacancy in the Alternate #2
position on the Town Board of Adjustment.
Motion was made by Commissioner Marks to appoint Bob
Stanley as Alternate #2. The Board voted unanimously 5-0 in favor. Motion
carried.
Mayor Schools said the Carteret County Beach Commission is
requesting concurrence with their nomination of Commissioner Pat McElraft for
another term on the Beach Commission.
Motion was made by Commissioner Farmer to concur with
the Carteret County Beach Commission’s nomination of Pat McElraft for another
term on the Carteret County Beach Commission. The Board voted unanimously 5-0
in favor. Commissioner McElraft abstained, and
her vote was counted as a positive vote. Motion carried.
19. COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, AND
TOWN MANAGER
Town Clerk had no comment.
Town Attorney had no comment.
Town Manager had one comment to say that the tax bills are
in the mail and this is the earliest that they’ve been in the mail for the past
few years and it was thanks to Mitsy and Gayle’s hard work.
20. COMMENTS FROM BOARD OF COMMISSIONER AND MAYOR
There were no comments from Board of Commissioner or Mayor.
21. CLOSED SESSION – PURSUANT TO NCGS 143-318.11(6),
FOR THE PURPOSE OF EVALUATING THE TOWN MANAGER’S PERFORMANCE
Motion was made by Commissioner Farmer to go into
Closed Session for the purpose of evaluating the Town Manager’s performance.
The Board voted unanimously 5-0 in favor. Motion carried.
Motion was made by Commissioner Farmer to return to
Open Session. The Board voted unanimously 5-0 in favor. Motion carried.
22. AMENDMENT TO TOWN MANAGER’S EMPLOYMENT AGREEMENT
The Board then considered the following Amendments to the
Town Manager’s Employment Agreement.
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 12th
day of June , 2001, and amended on this 14th
day of August , 2003, by and between the Town of Emerald Isle, North
Carolina, a municipal corporation, and Frank A. Rush, Jr., both of whom
understand as follows:
WITNESSETH:
WHEREAS, the Town of Emerald Isle voted unanimously
at its May 8, 2001 meeting to employ Frank A. Rush, Jr. as Town Manager of the
Town of Emerald Isle, effective July 1, 2001, as provided by the North Carolina
General Statutes and the Code of Ordinances of the Town of Emerald Isle; and
WHEREAS, Frank A. Rush, Jr. has accepted the
position of Town Manager of the Town of Emerald Isle; and
WHEREAS, it is the desire of both parties to
establish certain terms and conditions of employment and to set working
conditions of the Town Manager; and
WHEREAS, it is the desire of both parties
to amend the terms and conditions of employment after a review of the Town
Manager’s performance;
NOW, THEREFORE, in consideration of the mutual
covenants herein contained, the parties agree as follows:
SECTION 1: Powers and Duties
The Board of Commissioners of the Town of Emerald Isle
hereby agrees to employ Frank A. Rush, Jr. as Town Manager to perform the duties
specified in the North Carolina General Statutes and the Code of Ordinances of
the Town of Emerald Isle. The Town Manager shall be the chief administrator of
the Town of Emerald Isle. He shall be responsible to the Board of Commissioners
for administering all municipal affairs placed in his charge by them, and shall
have the following powers and duties:
1) He shall appoint and suspend
or remove all city officers and employees not elected by the people, and whose
appointment or removal is not otherwise provided for by law, except the Town
Attorney, in accordance with such general personnel rules, regulations,
policies, or ordinances as the Board of Commissioners may adopt.
2) He shall direct and supervise
the administration of all departments, offices, and agencies of the town,
subject to the general direction and control of the Board of Commissioners,
except as otherwise provided by law.
3) He shall attend all meetings
of the Board of Commissioners and recommend any measures that he deems
expedient.
4) He shall see that all laws of
the State, the town charter, and the ordinances, resolutions, and regulations of
the Board of Commissioners are faithfully executed within the town.
5) He shall prepare and submit
the annual budget and capital program to the Board of Commissioners.
6) He shall annually submit to
the Board of Commissioners and make available to the public a complete report on
the finances and administrative activities of the town as of the end of the
fiscal year.
7) He shall make any other
reports that the Board of Commissioners may require concerning the operations of
city departments, offices, and
agencies subject to his direction
and control.
8) He shall perform any other
duties that may be required or authorized by the Board of Commissioners.
SECTION 2: Term
Nothing in this agreement shall prevent, limit, or
otherwise interfere with the right of the Board of Commissioners to terminate
the services of the Town Manager at any time and for any reason.
Nothing in this agreement shall prevent, limit, or
otherwise interfere with the right of the Town Manager to resign at any time
from his position with the Town of Emerald Isle.
SECTION 3: Professional Obligations
Frank A. Rush, Jr., hereinafter referred to as the Town
Manager, is a member of the International City / County Management Association (ICMA)
and is professionally obligated to adhere to the ICMA Code of Ethics.
SECTION 4: Salary
Effective July 1, 2001, the Town of Emerald Isle agrees to
pay the Town Manager for his services rendered pursuant hereto an annual base
salary of $54,000.00, payable in installments at the same time as other
employees of the Town of Emerald Isle are paid. Effective October 1, 2001, the
annual base salary shall increase to $57,000.00.
After October 1, 2001, the Town Manager shall be
eligible for periodic increases in the base salary at the sole discretion of the
Board of Commissioners.
Effective July 1, 2002, the annual base salary shall
increase to $58,425.00.
Effective July 1, 2003, the annual base salary shall
increase to $62,000.00.
After July 1, 2003, the Town Manager shall be eligible
for periodic increases in the base salary at the sole discretion of the Board of
Commissioners.
SECTION 5: Termination and Severance Pay
In the event that the Town Manager is terminated by the
Board of Commissioners without just cause and the Town Manager is willing and
able to perform his duties under this agreement, then, in that event, the Town
of Emerald Isle agrees to pay the Town Manager a lump sum cash payment equal to
three (3) months aggregate salary and benefits, plus one (1) additional month
aggregate salary and benefits for each completed year of
service, up to a maximum of six (6) months including the base three (3), and any
accrued vacation leave up to 240 hours. The Town Manager shall also be
compensated for all accrued vacation leave as of the date of termination.
However, in the event that the Town Manager is terminated for cause or for
conviction, then, in that event, the Town of Emerald Isle shall have no
obligation to pay the aggregate severance sum described above.
Effective October 1, 2001, the severance amount shall
increase to a lump sum cash payment equal to four (4) months aggregate salary
plus all accrued vacation leave as of the date of termination.
Additional increases in the severance amount shall be
determined by the Board of Commissioners at its sole discretion.
SECTION 6: Performance Evaluations
The Board of Commissioners agrees to review and evaluate
the performance of the Town Manager on or near the date of October 1, 2001. The
Board of Commissioners also agrees to review and evaluate the performance of the
Town Manager on or near the date of January 1, 2002. Said reviews and
evaluations shall be informal in nature and shall be conducted to provide any
positive and / or negative feedback to the Town Manager on his performance
during the initial three (3) and six (6) month periods of employment.
The Board of Commissioners shall then formally review and
evaluate the performance of the Town Manager at least once annually. Said
review and evaluation shall be in accordance with specific criteria developed
jointly by the Board of Commissioners and the Town Manager. Said criteria may
be added to or deleted from as the Board of Commissioners may from time to time
determine, in consultation with the Town Manager. Furthermore, the Board of
Commissioners shall provide an adequate opportunity for the Town Manager to
discuss his evaluation with the Board of Commissioners. Based on the results of
this review and evaluation, the Board of Commissioners shall consider awarding
any merit salary adjustment for the Town Manager.
SECTION 7: Vacation and Sick Leave
The Town Manager shall accrue vacation and sick leave at
the same rate as the other employees of the Town of Emerald Isle. The Town
Manager shall be eligible to accrue up to a maximum of two hundred forty (240)
hours of vacation leave. Any vacation leave exceeding two hundred forty (240)
hours as of the end of the fiscal year shall be forfeited. If the Town Manager
resigns or is terminated from his position, the Town of Emerald Isle shall
compensate the Town Manager for all accrued vacation leave, up to the maximum
accrual outlined above.
As of the date of employment, the Town Manager shall be
credited with two hundred (200) hours of sick leave earned from previous local
government service in North Carolina. If the Town Manager resigns or is
terminated from his position, the Town of Emerald Isle shall not be required to
compensate the Town Manager for accrued sick leave.
SECTION 8: Insurance
The Town of Emerald Isle shall provide health, dental,
vision, and life insurance benefits to the Town Manager in the same manner as
other employees of the Town of Emerald Isle.
SECTION 9: Retirement Benefits
The Town Manager is a member of the North Carolina Local
Government Employees Retirement System (NCLGERS). The Town of Emerald Isle
agrees to pay the mandated employer contribution to the NCLGERS for the Town
Manager.
The Town Manager also participates in the North Carolina
401(k) program. The Town of Emerald Isle agrees to pay at least five percent
(5%) of the Town Manager’s annual salary into the 401(k) program for the sole
benefit of the Town Manager.
SECTION 10: Other Benefits
The Town Manager shall be eligible to receive all other
fringe benefits available to employees of the Town of Emerald Isle.
SECTION 11: Dues and Subscriptions
The Town of Emerald Isle agrees to budget and pay for
professional dues and subscriptions for the Town Manager which are necessary for
his continuation and full participation in national, regional, state, and local
associations and organizations that enhance his professional development and
benefit the Town of Emerald Isle. Organizations shall include, but are not
limited to, the International City / County Management Association (ICMA) and
the North Carolina City / County Management Association (NCCCMA).
SECTION 12: Professional Development Opportunities
The Town of Emerald Isle agrees to budget and pay for
travel and subsistence expenses of the Town Manager for professional and
official travel, meetings, and occasions to continue the professional
development of the Town Manager and to adequately pursue necessary official
functions for the Town of Emerald Isle. Examples include, but are not limited
to, International City / County Management Association (ICMA) conferences, North
Carolina City / County Management Association (NCCCMA) conferences, and North
Carolina League of Municipalities (NCLM) conferences. The Town of Emerald Isle
agrees to budget and pay for travel and subsistence expenses of the Town
Manager, up to $1,000 annually, for short courses, institutes, or seminars that
are necessary for his professional development and for the benefit of the Town
of Emerald Isle.
SECTION 13: Hours of Work
It is recognized that the Town Manager must devote a great
deal of time outside normal office hours to the business of the Town of Emerald
Isle. The Town Manager is considered an exempt employee under the Fair
Labor Standards Act and is not legally entitled to compensatory time off and /
or financial reimbursement for overtime. In order to provide for a reasonable,
effective, and efficient work schedule, the Town Manager will be allowed to set
his own schedule (which includes taking time off from normal office hours).
Provided, however, that if the Board of Commissioners is at any time
dissatisfied with the Town Manager’s schedule it has the authority to establish
a different work schedule which shall be binding on the Town Manager.
SECTION 14: Use of Personal Automobile
It is recognized that the Town Manager’s duties may require
substantial use of his personal automobile to perform these duties. For travel
within Carteret County, the Town Manager shall receive an automobile allowance
in the amount of $300.00 per month to maintain and operate his personal
automobile. For travel outside of Carteret County, the Town Manager shall be
reimbursed at the per-mile rate established by the Board of Commissioners for
all employees of the Town of Emerald Isle.
Effective July 1, 2002, the Town Manager shall receive
an automobile allowance in the amount of $400.00 per month to maintain and
operate his personal automobile.
After July 1, 2002, the Town Manager shall be eligible
for periodic increases in the automobile allowance at the sole discretion of the
Board of Commissioners
SECTION 15: Cellular Telephone Service
It is recognized that the use of a cellular telephone may
enhance the efficiency and effectiveness of the Town Manager in the performance
of his official duties. It is further recognized that the Board of
Commissioners and the employees of the Town of Emerald Isle may need to
communicate with the Town Manager at times when the Town Manager is not present
in the office or does not have access to traditional telephone service. The
Town of Emerald Isle shall provide the Town Manager with cellular telephone
service for these purposes.
It is understood that the Town Manager may utilize this
cellular telephone service for personal telephone calls. The Town Manager
shall receive a cellular telephone allowance of $60.00 per month for cellular
telephone service. Provided, however, that if the total cellular telephone
expense exceeds $60.00 per month, the Town Manager shall be responsible for the
amount of the monthly cellular telephone bill in excess of $60.00. The Town
Manager shall reimburse the Town of Emerald Isle for these expenses upon receipt
of an invoice from the Town of Emerald Isle.
SECTION 16: Outside Activities
The Town Manager shall not engage in any teaching,
consulting, counseling, or other non-town related business without the prior
approval of the Board of Commissioners.
SECTION 17: Indemnification
The Town of Emerald Isle, to the extent allowed by North
Carolina law, shall defend, save harmless, and indemnify the Town Manager
against any tort, professional liability, claim, demand, or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of the Town Manager’s duties. The Town of Emerald
Isle will compromise and settle any such claim and pay the amount of any
settlement or judgment rendered thereon. However, any willful and deliberate
act shall be the responsibility of the Town Manager.
SECTION 18: Bonding
The Town of Emerald Isle shall bear the full cost of
bonding of any fidelity or other bonds required of the Town Manager under any
law or ordinance.
SECTION 19: No Reduction in Benefits
The Town of Emerald Isle shall not at any time during the
term of this agreement reduce the salary, compensation, or other financial
benefits of the Town Manager, except to the degree that such a reduction occurs
across the board for all employees of the Town of Emerald Isle.
SECTION 20: Amendment of Employment Agreement
Amendments to this employment agreement shall be approved
in writing by the Board of Commissioners and the Town Manager.
SECTION 21: General Provisions
The following general provisions of this agreement shall
apply:
1) The text herein shall
constitute the entire agreement between the parties.
2) This agreement shall be
binding upon and inure to the benefit of the heirs at law and executors of the
Town Manager.
3) This agreement shall become
effective commencing on July 1, 2001, with noted amendments effective on the
dates indicated.
4) If any provision, or any
portion thereof, contained in this agreement is held unconstitutional, invalid,
or unenforceable, the remainder of this agreement, or portion thereof, shall be
deemed severable, shall not be affected, and shall remain in full force and
effect.
IN WITNESS WHEREOF, the Board of Commissioners of
the Town of Emerald Isle, North Carolina has caused this agreement to be signed
and executed in its behalf by the Mayor of Emerald Isle and duly attested by its
Town Clerk; and Frank A. Rush, Jr. has signed and executed this agreement; both
in duplicate, this the 14th day of August , 2003.
Accepted:
Accepted:
____________________________
_____________________________
Frank A. Rush, Jr., Town Manager
Mayor Arthur B. Schools, Jr.
Town of Emerald
Isle Town of Emerald
Isle
Attest:
______________________________
Rhonda Ferebee, Town Clerk
Town of Emerald Isle
Approved as to
form:
_______________________________
Derek Taylor, Town Attorney
Town of Emerald Isle
23. ADJOURN
Motion was made by Commissioner McElraft to adjourn.
The Board voted unanimously 5-0 in favor. Motion carried, meeting adjourned at
10:30 PM.
Respectfully submitted:
Rhonda C. Ferebee
Town Clerk
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