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MINUTES OF THE
REGULAR SCHEDULED MEETING
Present for the meeting were Mayor Art Schools, Commissioners Dick Eckhardt, Dorothy “Doje” Marks, Pat McElraft, and Floyd Messer. Commissioner Emily Farmer was absent. Others present were Town Attorney Derek Taylor, Town Manager Frank Rush, Town Clerk Rhonda Ferebee, and Planning Director Kevin Reed. Motion was made by Commissioner Messer to excuse the absence of Commissioner Farmer. The Board voted unanimously 4-0 in favor. Motion carried. After roll call all who were present recited the Pledge of Allegiance. Mayor Schools asked for a moment of silence due to the recent deaths of former Commissioner Gordon McAdams, Commissioner Emily Farmer’s father and Town Manager Frank Rush’s grandfather-in-law. 4. ADOPTION OF AGENDA Mayor Schools noted that Mr. Rush had provided a revised agenda adding two additional items, 6.1 Resolution Authorizing Conveyance of 1983 Mini-Pumper Truck to Carteret County and 6.2 Resolution Authorizing Contribution to Swansboro Rotary Club for Down East Mattress Distribution Program. Motion was made by Commissioner Marks to approve the Agenda with the addition of items 6.1 and 6.2. The Board voted unanimously 4-0 in favor. Motion carried. 5. PUBLIC ANNOUNCEMENTS Mayor Schools announced that the League of Women Voters would have a Candidates Forum on October 20 at 7:00 pm at the Emerald Isle Community Center. Mayor Schools said that the Bogue Inlet Channel Western Nourishment EIS Public Hearing will be on December 8. The Gordy McAdams Memorial Bogue Banks Speckled Trout Surf Fishing Tournament will be October 20 through November 22, according to Mayor Schools, and sign-up and detail information is available at the Emerald Isle Parks and Recreation Department. Mayor Schools mentioned that the election is coming up on November 4 and provided information from the Board of Elections concerning the schedule. Pam Minnick, Co-coordinator of the Emerald Isle Turtle Protection Program, provided a brief update on the current status of the Turtle Program. She noted that after the storm there were still 10 nests that were due. She said that the season this year would not be as good as they had hoped. 6. CONSENT AGENDA Mr. Rush informed the Board that he had put at their places a replacement item 6.e Resolution Authorizing Contract for Reconstruction of Lee Street and Seagull Road Dune Walkways. He said that when the agenda packets were prepared they did not have the bids in hand for the walkways. The contract in front of them would recommend awarding the contract to the low bidder, Island Custom Builders of Swansboro. Motion was made by Commissioner McElraft to adopt the Consent Agenda. The Board voted unanimously 4-0 in favor. Motion carried. 6.1 RESOLUTION AUTHORIZING CONVEYANCE OF 1983 MINI-PUMPER TRUCK TO CARTERET COUNTY Mr. Rush said that this item involves conveying a surplus 1983 Mini-Pumper truck to Carteret County and ultimately on to the Sea Level Fire Department. This fire truck was one of the items that were scheduled for surplus for the town auction to be held on November 22. Mr. Rush said that the Fire Chief estimated that they would have likely received a bid in the range of $2,000 - $4,000 for the truck. Mr. Rush said they had just learned the day before that Sea Level Fire Department down east was currently operating with no fire apparatus whatsoever as a result of Hurricane Isabel. He said that the Board is being asked to consider donating this truck to the County and ultimately on to Sea Level Fire Department. Motion was made by Commissioner McElraft to adopt the Resolution Authorizing Conveyance of 1983 Mini-Pumper Truck to Carteret County for Sea Level. The Board voted unanimously 4-0 in favor. Motion Carried. Commissioner Messer described the conditions in the down east area of the county and the delivery of items to that area. Mayor Schools noted that the Town had also set up a collection point here for supplies to be donated and there were other places in town as well. Commissioner Messer said that the Swansboro Rotary Club had been fantastic raising thousands of dollars. Commissioner McElraft said that Windows to the World gift shop, Eddie Barber, had collected canned goods for down east also. Commissioner Messer also mentioned Ron Bray, Bray Trailers. He said that Ron Bray was kind enough to take his trailers to assist with storing items while they helped clean the houses and dry the furniture. Mr. Rush added that Steve Daniels, the Chief of the volunteer Fire Department in Sea Level, wanted to convey his thank you and appreciation to the Board and the citizens of Emerald Isle for helping in this time of need. 6.2 RESOLUTION AUTHORIZING CONTRIBUTION TO SWANSBORO ROTARY CLUB FOR DOWN EAST MATTRESS DISTRIBUTION PROGRAM Mr. Rush said that the Swansboro Rotary Club was currently raising funds for a Mattress Distribution Program to those affected by the flood in eastern Carteret County. The Board is asked to consider the resolution authorizing a $750 contribution to the Swansboro Rotary Club for their program distributing new mattresses to the Down East Carteret County families suffering from flood damage associated with Hurricane Isabel. Commissioner Messer made a motion to adopt the Resolution Authorizing Contribution to Swansboro Rotary Club for Down East Mattress Distribution Program. Commissioner Eckhardt asked about making personal contributions to this program. Commissioner Messer said that donations could be made to the Swansboro Rotary Club for the Down East Mattress Program. Commissioner Marks added that the Carteret Community Foundation was also accepting funds for the Down East area. Ricky Farrington, member of the Swansboro Rotary Club, said that the bedding cost alone is $300,000 for the community. He said that they had met the needs for beds in Cedar Island and South River and he had with him a list of what Davis needs and they are trying to keep moving around to each community. The Board voted unanimously 4-0 in favor. Motion carried. 7. PUBLIC COMMENT Emory Trainham, speaking on behalf of the White Oak Ecumenical Outreach Ministry, said that they are also doing their part for down east. He said they had sent 4 truckloads of furniture and they are now collecting whatever is needed. He wanted the people in Emerald Isle to know where their things were going. 8. LAND USE PLAN UPDATE Mark Brennesholtz, Chairman of the LUP Steering Committee, and Bill Farris, the Town’s LUP consultant gave a brief presentation on the status of the CAMA Land Use Plan Update. They reviewed the progress to date, reviewed the draft policies developed by the Land Use Plan Steering Committee, and discussed the remaining work to be done.Emerald Isle Board of Commissioners CAMA Land Use Plan Update Outline
1. Introduction – Mark Brennesholtz, Chairman of LUP Steering Committee 2. Update on LUP Process – Bill Farris A. Brief review of CAMA requirements B. Summary of Phase I Report 1) Concerns, opportunities, and vision 2) Existing and emerging trends and conditions
C. Review of major topics – initial draft policies D. Future land use map 1) Future land use categories 2) Policy thrust E. Upcoming open houses F. Property owner survey 3. Wrap-up – Mark Brennesholtz – A. Remaining policy areas requiring Steering Committee discussion B. November open houses
Mr. Brennesholtz said that when the Board of Commissioners appointed the Land Use Plan steering committee last year they certainly had in mind having representation from the full diversity of the community. He noted that this had been an interesting experience for all of them. He said they had heard presentations from Bogue Banks Water, the County Health Department, Dr. Richard Spruill from ECU (water hydrologist and aquifer expert) and from many citizens who attended the meetings. Mr. Brennesholtz said that what is before them is a draft. It will be the strategic plan for the Town of Emerald Isle. He said there are requirements that the plan be maintained, acted upon, affirmed or changed at least every two years, it is not cast in concrete. He said that a good strategic plan must respond to the changing conditions and not be a dusty document that is stored on the shelf until the next time one is required. Mr. Brennesholtz said that they had been fortunate to have the guidance and expertise of Bill Farris. He said that Mr. Farris had shown professional knowledge of the process and he also knows what is appropriate from his many experiences. Mr. Brennesholtz noted the upcoming planned Open Houses, which will expose what they have to the public, will be held on November 12th and 15th at Town Hall. Ultimately, Mr. Brennesholtz added, the approval, disapproval or modification of this document once it is turned over to the Board hopefully in the first quarter, will be the Board’s decision and it will also require the approval of CAMA. He then introduced Bill Farris. Mr. Farris gave a PowerPoint presentation of the Initial Rough Draft of the CAMA Land Use Plan Update. He said that this had been a very interesting process and he congratulated the Board of Commissioners on appointing a steering committee that is representative and articulate and passionate about the future of Emerald Isle. Mr. Farris said they had spent a lot of time on the community survey. He said that they decided in the final analysis that they should get professional help to actually put the ideas into survey form. He said that work is done and about ready to be sent out. He said that the timing is fine because they are still in the development stage of the policies and the input from the survey will certainly be used by the steering committee. Mr. Farris said that the policies themselves respond to the Coastal Resources Commissions Land Use Plan Management topics. That is a requirement and that has been the organization of how the policies were put together. Mr. Farris mentioned again the upcoming Open Houses, Wednesday, November 12th from 5pm – 7pm and Saturday, November 15th, 10 am to 12 pm. He said these would be informal affairs where these policies and maps will be on the wall for people to look at and discuss. He said after the Open Houses and the survey, the steering committee will complete its recommended draft of the policies and they will be presented to the Planning Board and the Board of Commissioners. There will be a public hearing and the plan will be submitted to Coastal Management and the CRC for certification. Mr. Rush, Town Manager, said that the committee had developed a survey for all property owners that had been reviewed by Dr. Mark Imperial, a professor in the Department of Political Science at the University of North Carolina-Wilmington, a copy of which is in the Board’s agenda packet. There will be expenses associated with postage, printing, stuffing envelopes, etc. and the return postage. Mr. Rush said that when the contract with Mr. Farris was initially awarded there was no inclusion of a survey in that scope of services. According to Mr. Rush, Mr. Farris has graciously absorbed any additional cost associated with his work on this survey. He has also funded the expertise of Dr. Imperial at UNC-W, however, there is no funding allocated for the printing, mailing, postage cost. Mr. Rush said that we have a proposal from a local direct mail businessperson for approximately $5,000 to handle these expenses and there is a budget amendment presented for the Board’s consideration tonight. That money would come from the fund balance and would be added to the Planning and Inspections Department. Commissioner McElraft asked about the amount of money for postage for the surveys to be sent back. Mr. Rush said that they only pay for those surveys that do come back. He added that it had been estimated that they may get back somewhere in the 500 – 700 range maybe as high as 1,000.
Motion was made by Commissioner Eckhardt to approve the Budget Amendment appropriating funds for costs associated with the property owner survey. The Board voted unanimously 4-0 in favor. Motion carried.
9. PRESENTATION – EASTERN CAROLINA JOINT LAND USE STUDY Kevin Reed, Planning Director, spoke concerning the Eastern Carolina Joint Land Use Study. He said the focus of the Study was to create a cooperative planning effort by the military and local governments in order to anticipate the potential for land development conflicts and to avoid problems that might arise as a result of these conflicts. He added that the Board is not asked tonight to take any action relative to the study, but he did ask that they do view this study as a possible planning tool to guide the efforts in the communities that participated in this study as they individually and collectively try to create a balance between the military operations and existing and future plan development patterns. Mr. Reed then introduced Judy Hills, the Planning Director with the Eastern Carolina Council of Government. Ms. Hills gave a brief update on the Joint Land Use study in a PowerPoint presentation. She said that the Joint Land Use Study is a study that is funded partially by the Department of Defense. The Office of Economic Adjustment, specifically is the area that has that responsibility. They provided about 50% of the cost of the study initially. The intent was to promote community growth compatible with present and future military operations. That is why they choose to fund Joint Land Use studies around the United States for the different bases. Ms. Hills said that this study was coordinated by the Eastern Carolina Council of Government. She noted that they had community input through a series of public meetings. There was a policy committee with mostly elected officials and other key community leaders. There was a technical advisory committee composed primarily of local planners and others with planning knowledge. She noted there were 32 recommendations (Executive Summary was provided – see below). She said that these are suggested courses of action, not a mandate, or dictate. She noted that some recommendations will necessitate legislative changes and they have been working with the Governor’s office and closely with the Military Affairs Commission appointed to help address those issues at a state level as they are needed. Ms. Hills said that they are asking of local governments: · thoughtful consideration of the recommendations, · a balance of concerns for military preparedness and local citizens concerns. She said they are aware there are many issues, especially related to noise in this community that are concerns to local citizens who live here. There is also a concern for the military and their need to practice the carrier landings at Bogue Field. · consideration for the military as an economic engine for the local economy – it is very key to our local communities. · commit to a good faith effort to implement the recommendations of the study. Mayor Schools asked Ms. Hills about an award that had been received regarding this project. Ms. Hills said they had won a State Planning award from the North Carolina American Planning Association, the North Carolina chapter gave them an award as a best example of a multi-jurisdictional plan. Also, they received national recognition from the National Association Development Organizations as one of their innovative projects and it has been written up in a book that they produce. Ms. Hills said that they had gone back to the Office of the Economic Adjustment and requested funds to help implement this. She noted that they are the first group in the entire country to receive implementation funding from them. Mr. Rush said that it was now up to the individual communities to take these recommendations and decide if, how, and when to implement them in the local communities. He said they can work with the Land Use Plan committee, the Planning Board and the Board of Commissioner. There is a list of 32 recommendations included in the Executive Summary. Some have strong potential for implementation in Emerald Isle and some are probably unlikely to be implemented. He noted that it would be up to the Boards and the staff to work through these in the future. Ms. Hills added that they had identified 10 that are applicable to Emerald Isle. Mr. Reed gave the list of items applicable to Emerald Isle as follows: Numbers 1, 4, 6, 11, 12, 15, 16, 20, 24, and 26. Commissioner Eckhardt suggested that they look at adding number 14 and 21.
Executive Summary (see below)
10. ORDINANCE AMENDING CHAPTER 17 – STREETS AND SIDEWALKS – TO STRENGTHEN REGULATIONS FOR THE NUMBERING OF STRUCTURES Kevin Reed, Planning Director, recapped the Board’s discussion from last month regarding possible changes to Chapter 17 regarding regulations for the numbering of structures. He noted that at that meeting the Board had been given two proposals and there were several issues that arose from that meeting and staff was directed to go back and revise and make a third version. Mr. Reed said that the issues presented at the last Board meeting were:
1. Require oceanfront numbers to be placed on the dune walkway structure so that they are visible from the beach and to be a minimum of 6” in height; and 2. Require structure numbers in one location. The numbers must be located where the street/easement intersects with the driveway entrance. The numbers must be 4” height, of a metallic or reflective material and visible from both directions while traveling on the street; and, 3. Provide the opportunity for the Town Manager to waive the citation if the violator installs the house number. Mr. Reed noted that the town staff is talking about the possibility of only applying this to new construction since they have a number of issues to resolve relative to structure numbering and addressing throughout the town before addressing existing development.
ORDINANCE AMENDING CHAPTER 17 – STREETS AND SIDEWALKS – TO REVISE THE REGULATIONS FOR THE NUMBERING OF STRUCTURES
WHEREAS, the Town of Emerald Isle previously enacted regulations to govern the numbering of structures, and WHEREAS, the Town of Emerald Isle seeks alternative mechanisms to the numbering of structures to protect life and property, and WHEREAS, an addressing committee has studied alternative mechanisms to accomplish this goal and has developed a recommendation on the matter, NOW, THEREFORE, BE IT ORDAINED by the Emerald Isle Board of Commissioners that
1. Chapter 17 – Streets and Sidewalks – Article IV. Numbering Structures is hereby amended as follows: Sec. 17-71. Assignment of numbers.
The town shall make available to
each owner of a building or structure within the town upon request the street
number assigned to such building or structure by the town.
Sec. 17-72. Placement of number required.
Street addresses must be clearly displayed so that the location can be identified easily from the street where the driveway intersects with the street or easement providing access to the structure. Within thirty (30) days following notification by the town to each owner of a building or structure within the town as to the assigned street number for the building or structure and the request by the town to the owner that the assigned street number be placed on the building or structure, each owner of a building or a structure, including but not limited to single-family residences, two-family residences, condominiums, townhouses, apartments, businesses, occupations, professions, offices and other uses and trades within buildings and structures, shall affix and display on the building or structure in accordance with the requirements of this article, the assigned street number for the building or structure.
Sec. 17-73. Location of number.
a. The address number is to be posted within four (4) feet of the end of the driveway or easement nearest the street which provides access to the building.
b. Numerals, and/or letters, for all multiple dwelling units and nonresidential buildings shall be placed on the building facing the street or driveway, or on the end of the building nearest the street. Individual units shall be required to display unit numbers, or letters, on the front door or immediately adjacent to the door.
c. Oceanfront: All structures which have frontage along the Atlantic Ocean shall be required to post the correct number on the ocean side. The numbers shall be placed on a supporting post or portion of the crossover to the ocean so as to be clearly visible from the ocean beach.
Sec. 17-74. Size and color of number.
The numbers must be a minimum of four (4) inches in height and they must be tinted or colored so that the numbers directly contrast with the mounted surface and must be of a metallic or reflective material. The numbers must be located a minimum of three (3) feet above grade, but not more than five (5) feet above grade measured from the base of the supporting structure of the sign. The numbers must be visible while traveling in both directions along the street. For oceanfront numbers, the numbers shall be 6 (six) inches in height and tinted or colored so as to contrast with the mounting surface.
Sec. 17-75. Required for Certificate of Occupancy
No certificate of occupancy/compliance, as required by this ordinance, shall be issued by the Planning and Inspections Department until address numbers are properly displayed.
Sec. 17-76. Authority to alter method of display
The Planning and Inspections Department in conjunction with the Police and Fire Departments shall have the authority to authorize and approve methods of displaying road address numbers which meet the intent of this article when strict adherence to these standards cannot be reasonably met.
Sec. 17-77. Penalty for failure to display or affix number.
Any person failing to display and affix the assigned number on such building or structure within thirty (30) days following written notification by the town to the owner shall be guilty of a civil violation with a fine of one hundred dollars ($100.00) per violation. The Town Manager shall have the authority to dismiss said citation upon proof that the violator has installed the house numbers that meet the requirements of this chapter.
Sec 17-78. Duty of Planning and Inspections to enforce.
It shall be the duty of the Department of Planning and Inspections to enforce the provisions of this article.
2. The Town Clerk is authorized to number the section set forth above and insert the same as appropriate in the Town Code.
3. This ordinance shall become effective immediately upon its adoption. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Adopted this the _________ day of ____________________, 2003, by a vote of
Commissioner(s) ________________________________________________voting for,
Commissioner(s) ________________________________________________ voting against, and
Commissioner(s) _________________________________________ absent.
______________________________ Arthur B. Schools, Jr., Mayor ATTEST:
_____________________________ Rhonda Ferebee, Town Clerk
Jerry Stockdale, 8521 Oceanview Drive, said that when you think about the removal of trash bins from the street and now you will be putting these signs out right by the street. He can see them being knocked down and crooked and becoming an unsightly mess. He felt they may want to consider whether they want these right by the street. Pam Minnick, Sandy Court, felt this was a great idea for safety, for the Fire Department and EMS to be able to get to homes. She didn’t feel it would be a problem like the garbage containers were. Ms. Minnick asked Mr. Reed if on the beachfront they were asking for posts. Mr. Reed said that somewhere on the dune walkover, visible from the ocean, there would need to be letters 6” in height. Ms. Minnick said in her development walkways are very low. Mr. Reed said that if the structure of the dune walkover is not suitable for offering clear visibility because of the height of the dunes then an alternative would be establishing some type of decorative post so that the numbers are clearly visible from the beach strand. Commissioner Marks commented concerning the oceanfront structure numbering that presently people calling for an emergency from the beach often are using cell phones and cell phone calls go directly to Beaufort, they do not go to the dispatcher here in Emerald Isle. She mentioned a situation earlier that week with a swimmer in trouble where they were given two different house numbers at least a block apart. It would clearly be helpful if you can identify the house from the beach. Commissioner Messer asked Mr. Reed on the street side how far off the pavement were they proposing and how tall will letters be from ground. Mr. Reed said that the way the ordinance is currently written the numbers are to be posted within 4’ of the end of the driveway or easement. The numbers are to located on a post with the numbers a minimum of 3’ above grade and maximum of 5’ above grade. Commissioner McElraft asked if on a duplex they would require a number and a letter for east, west? Mr. Reed said that currently they do require east and west and he felt if it would be if feasible to have a post on the street that would identify both he would suggest that property owners have the structure number and then they have identification on the dwelling that indicates east or west. He felt the important thing was getting them to that structure. Commissioner Marks said that the east and west, or north and south, would also be helpful to renters. She felt the east and west is important to be on the house. Commissioner Eckhardt asked about the timetable for going to the next step as far as existing structures. Mr. Rush said that the Fire Department has completed the majority of their field work in terms of assessing some of the addressing problems The data must then be put into the database. The goal is to come back to the Board in the spring or late winter with the results of that work and say, for example, they have X number of problems with addresses where E911 address does not correspond to the house number on the structure, and there are X number of addresses that are not consistent going down Ocean Drive. They would like to seek direction from the Board at that time as far as how to proceed in changing those addresses or not changing them and then moving forward to implement the ordinance. Commissioner McElraft said there had been some discussion when first talking about this about allowing mailbox posts to be used as a post so as not to make more obstruction in the yard. Mr. Reed said that one of the potential problems with that were the instances where the mailbox is across the street, however, if a mailbox post is within 4’ of the end of the driveway, then that is a possibility provided it meets the size and criteria and the height. Mayor Schools questioned whether, like street lighting, they should think of making this a policy. Mr. Rush said that is certainly an option that the Board could consider. Mr. Rush said that this was brought back to the Board for consideration tonight, if the Board is not comfortable taking action then they could delay, they just ask for direction on which way to proceed. It was the consensus of the Board at this time to defer this item for further review. 11. DEVELOPMENT AGREEMENT – WEST END SUBDIVISION Attorney Derek Taylor briefed the Board on the revised development agreement with Jerry A. Cook, developer of West End subdivision. Mr. Taylor said he thought they had reached an agreement, the basics of which were spelled out in the packets as follows from Mr. Rush’s memo to the Board: The main provisions in the attached agreement are as follows:
Mr. Taylor noted that Mr. Cook, prior to the agreement, had started the reporting process a month earlier than he had to, to keep the Board informed. He said that after conversations with Mr. Cook and his attorney, they are in agreement with this agreement. He noted that part of this agreement is tied to the next item on the agenda which relates to one of the improvements Mr. Cook must make relating to mitigation of wetlands. Mr. Cook said that they currently have all approvals in hand except for CAMA. He said that he received a call about a week ago from CAMA and they are ready to write their permit as soon as they get a permit from 401 Division of Water Quality. He felt that he would be getting all of the permits within the next week or so.
A motion was made by Commissioner McElraft to approve the Development Agreement for West End Subdivision. The Board voted unanimously 4-0 in favor. Motion carried.
12. NEW ELEVATED WATER STORAGE TANK Mr. Rush presented information to the Board concerning the new elevated water storage tank. He noted that at the August meeting the Board directed them to look for alternative sites for the new water tank that was originally planned for the existing well site in Ocean Oaks subdivision. To follow are excerpts from Mr. Rush’s memo to the Board: The Board of Commissioners is scheduled to consider several actions relative to the use of a 1.1 acre tract in Emerald Isle Woods for Bogue Banks Water Corporation’s (BBWC) new elevated water storage tank at the October 14 meeting. The scheduled actions represent the various components of the “mitigation package” recently submitted to the Clean Water Management Trust Fund (CWMTF) Board of Trustees for consideration at their October 20 meeting. Proposed Tank Location at Emerald Isle Woods The Town has worked closely with Bogue Banks Water Corporation and Moffatt & Nichol Engineers to identify a water tank site at Emerald Isle Woods that 1) minimizes impacts on adjacent residential properties, and 2) that will also receive approval from the NC Clean Water Management Trust Fund. I believe we have achieved that goal with the plans outlined in this memo. As noted on the attached site plan, the proposed location of the new tank is on the north side of Coast Guard Road approximately 300 ft east of Sea Dunes Drive, and approximately 250 ft west of the Osprey Ridge subdivision. The new tank would be located approximately 100 ft off of Coast Guard Road. The overall tank site is a 150 ft x 330 ft rectangle that would be conveyed by the Town to the BBWC. The Town would also convey sufficient land area to enable BBWC to have vehicular access to this site. This rectangular area is located 50 ft off of the eastern property line, which insures a minimum 50 ft buffer between the site and the adjacent single family residential unit in Osprey Ridge. This rectangular area is also located 25 ft off of the Coast Guard Road right of way, which insures a minimum vegetative buffer from the road. BBWC has indicated that it intends to clear as little vegetation as possible around the base of the tank, and that approach should result in even wider natural vegetative buffers. Based on our discussions, it is likely that there will remain at least 150 ft of natural buffer on the east side of the tank, and between 25 ft and 50 ft of natural buffer along Coast Guard Road. In addition, BBWC has indicated that it will plant additional vegetation to enhance the buffer if necessary after construction. The main goal is to prevent the public from seeing the base of the new tank. Existing dense vegetation and potential revegetation should enable us to achieve this goal. The specific location of the new tank within this rectangular area is planned near the western boundary of the 150 ft x 330 ft area. The exact location of the tank in this rectangular area is directly east of the proposed forebay for the storm water project. The forebay area will need to be cleared when the storm water project is constructed in 2004-2005, and with the new tank located on the Emerald Isle Woods site, the forebay area would be cleared when the tank is constructed and used as the construction storage / staging area. This approach will minimize the need for clearing for tank construction by using an area that must eventually be cleared anyway. The new tank will be approximately 140 feet high, and will be a “golf ball and tee” design that is identical to the two existing tanks in Emerald Isle. The new tank will be painted white, with “Emerald Isle” painted on the “ball”. The base of the tank is approximately 30 feet in diameter, and the “ball” of the tank is approximately 60 feet in diameter. Mitigation Proposal to the Clean Water Management Trust Fund The attached letter from me to Bill Holman, Executive Director of the CWMTF, outlines the “mitigation package” assembled by the Town and offered to the CWMTF in exchange for the use of Emerald Isle Woods for the new water tank. The “mitigation package” includes the following:
Mr. Rush added that they had submitted a request to the Clean Water Management Trust Fund in order to meet their agenda deadline. He said that the Clean Water Management Trust Fund staff has made a positive recommendation to the Board of Trustees and he is hopeful that they will approve this. If the Clean Water Trust Fund approves this mitigation package on October 20, the next step will be to take the package to the North Carolina Council of State, which consists of the Governor and all the elected and appointed heads of state departments and they would consider removing the conservation easement on that 1.1 acre piece of the Emerald Isle Woods site.
Mr. Rush said the first item is to gain concurrence from the Board on the proposed tank location. The second item is to get concurrence from the Board on the mitigation proposal submitted to the Clean Water Management Trust Fund, then finally there is an agreement with the Water Corporation for the land swap, an agreement with Mr. Cook on the donation of the 3.4 acres, the offer to purchase the Deer Horn Dunes lot and last item the Capital Project Ordinance Amendment.
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