MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 14, 2003 – 7:00 P.M. – TOWN HALL

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 12^th and 15^th 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 12^thfrom 5pm – 7pm and Saturday, November 15^th, 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.

BUDGET AMENDMENT
FY 2003-2004

The budget for FY 2003-2004 is hereby amended as follows:

GENERAL FUND

	Increase	Decrease
Revenues
Appropriation from Fund Balance	5,000	-

TOTAL	5,000	-

Expenditures
Planning and Inspections - CAMA Land Use Plan	5,000	-

TOTAL	5,000	-

Copies of this ordinance shall be filed with the Finance Officer, Budget Officer, and Town
Clerk, to be kept on file by them for their direction in the disbursement of Town funds for this project.

Adopted this ______ day of _____________ , 2003.

Attest:

_____________________________	___________________________
Rhonda Ferebee, Town Clerk	Arthur B. Schools, Jr., Mayor

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. Additionally, the town shall forward to each owner of the building or structure written notification as to the assigned street numbers for all structures or buildings not having street numbers prominently displayed in a readily visible location at or near the street right-of-way on the front of the property or on the front of the building. As used in this section, the term “front” shall mean the property line or wall of the building closest to the street on which the lot, building or structure faces. In the case of a corner lot, the term “front” shall mean the lot line or wall of the building or structure on which the principal entry and exit to the building or structure faces. Street numbers will be determined based on where the driveway for the structure intersects with the street or easement providing access.

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.

Each street number assigned for a building or structure by the town shall be affixed or displayed prominently and in a readily visible location by the owner on the front of each building or structure, or on or near the front street lot line at a location perpendicular to the main entrance to the building or structure.

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 used by each owner shall be a minimum of four (4) inches tall, constructed of metal, wood or plastic. They must be tinted or colored so that the numbers directly contrast with the mounted surface and are readably and clearly visible from the street right-of-way. For example, white or other pastel colors shall be used on the front wall of buildings having a dark color or tint, and darker letters shall be used on the front wall of buildings or structures having a lighter color.

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. 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 as to the requirement for the same by the town to the owner shall be guilty of a misdemeanor and shall be punished in accordance with section 1-6.

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:

The Town would allow the $65,000 letter of credit to lapse at the time of its maturity. With the establishment of a deadline at which time the subdivision preliminary and final plats are null and void, then there is no need to retain the letter of credit.

Infrastructure improvements must be complete within 90 days after issuance of all required permits, or the preliminary and final plat approval for West End subdivision is null and void. The Board should note that this time frame has been extended from 60 days to 90 days due to the likelihood that permits will be received prior to the Christmas holiday season, and it is sometimes difficult to initiate new work during the holiday season.

Mr. Cook agrees to use “due diligence” and his “best efforts” to secure the necessary permits for the required subdivision improvements. Mr. Cook will also be required to submit a monthly status report to the Town indicating his progress toward completing the required improvements. If the Town believes that Mr. Cook is not exercising “due diligence” or his “best efforts”, then a third party arbitrator will be enlisted to make a binding determination on the question of whether or not Mr. Cook has exercised “due diligence” and put forth his “best efforts”. If an arbitrator rules that Mr. Cook has not exercised “due diligence” and put forth his “best efforts”, the West End Subdivision preliminary and final plats will be declared null and void. The preliminary and final plats will also be declared null and void if Mr. Cook does not submit the required monthly status reports.

Mr. Cook must complete the common driveway improvements and remove the old Coast Guard Road bed. If a separate agreement with Mr. Cook on the donation of 3.4 acres south of Coast Guard Road is consummated, the Town will take responsibility for constructing 9,000 sq. ft. of wetlands as mitigation for the filling of wetlands at West End.

If any “acts of God” or natural disasters result in Mr. Cook not meeting the requirements of this agreement, then the two parties agree to renegotiate a new deadline.

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:

A land swap with the Bogue Banks Water Corporation. The Town would deed the Emerald Isle Woods tank site to the BBWC. The BBWC would deed the existing well / playground site in Ocean Oaks to the Town, and also remit a $13,000 payment to the Town. The Town would place a conservation easement on this site.

The acquisition of 3.4 acres of land from Mr. Jerry Cook, developer of West End Subdivision. This site is located on the south side of Coast Guard Road adjacent to Wyndward Court. The Town would place a conservation easement on this site, and may be able to utilize this site for the Coast Guard Road Storm Water Project.

The acquisition of .3 acres of land on Deer Horn Drive. The Town would purchase this land for its tax value, $15,110. The Town would place a conservation easement on this site, and would use this site as a pump location for the Coast Guard Road Storm Water Project.

The Clean Water Management Trust Fund Board of Trustees will consider this “mitigation package” at its October 20 meeting in Jacksonville. (A copy of the CWMTF Board’s agenda, along with the CWMTF staff’s comments, is attached.) The CWMTF staff has recommended that the CWMTF Board of Trustees approve the Town’s mitigation package, so I am hopeful that the CWMTF Board will ultimately approve our request.

If the CWMTF Board approves the “mitigation package”, a request to remove the existing conservation easement from the 1.1 acres to be deeded to the BBWC will be forwarded to the NC Council of State for consideration at their November 4 meeting.

Agreement With Bogue Banks Water Corporation – Land Swap, Emerald Isle Woods and Ocean Oaks Sites

The attached letter to Larry Spell, President of the BBWC Board of Directors, dated October 6, 2003 outlines the details of the proposed land swap with BBWC. The BBWC Board met on October 7 and approved this land swap, with a few minor concerns.

As noted above, the Town would deed the 1.1 acre area in Emerald Isle Woods to the BBWC. The Town would also deed sufficient area for vehicular access to the site. The Town would survey the newly defined tract, and Derek Taylor would work with the BBWC’s attorney to prepare the necessary documents to convey this land. My October 6 letter to Larry Spell suggested that a conservation easement be placed on the 1.1 acre site to guarantee a larger natural buffer, however, the BBWC was reluctant to commit to this due to concerns about future opportunities to place cell phone antennae on the new tank and small accessory buildings on the site. The BBWC indicated that they have no intentions of clearing any more area east of the specific tank location than necessary for tank construction, thus I don’t believe the conservation easement will be necessary to protect this vegetation.

The BBWC would deed the .6 acre Ocean Oaks site to the Town, and the Town would place a conservation easement on this tract. The conservation easement would allow the tract to continue to be used as a playground and a water supply well site. The Town would grant an easement to the BBWC to allow them to continue to use this well site. The BBWC noted that the Town would not be able

to install an on-site wastewater system on this tract for as long as it is used as a water supply well. I don’t foresee any plans to install an on-site wastewater system on this site, thus I don’t believe this is a problem.

If the Board is comfortable with this agreement, I will ask Derek Taylor to work with the BBWC’s attorney to draft the appropriate legal documents, and we will execute these documents after we have received final approval from the CWMTF and the NC Council of State.

Agreement with Jerry Cook – Donation of 3.4 Acres, Wyndward Court and Coast Guard Road

Mr. Jerry Cook has agreed to donate 3.4 acres across Coast Guard Road from West End Subdivision to the Town in exchange for several nominal considerations. This 3.4 acre tract consists of approximately 2.3 acres of wetlands and 1.1 acres of upland areas.

The attached Donation Agreement prepared by Derek Taylor has been reviewed and verbally approved by Jerry Cook and his attorney, and is ready for execution. As outlined in the attached agreement, the Town would construct 9,000 sq. ft. of wetlands on this site that the Town is requiring as mitigation for the filling of 9,000 sq. ft. of wetlands at West End. The estimated cost of this work is $8,000, and this cost would be charged to the Coast Guard Road Storm Water Project account. The Town would also allow Mr. Cook to retain the naming rights to this tract of land, which can only be used as natural area, a park, and/or for storm water management purposes. The agreement includes a reverter clause that stipulates that the land would return to Mr. Cook’s ownership if it is used for other purposes. The Town will be required by the CWMTF to place a conservation easement on this site; thus there is a minimal likelihood that the reverter clause would ever be invoked. At this point, the Town certainly does not have any alternative or additional plans for this site.

If the Board is comfortable with this agreement, I will ask Derek Taylor to work with Mr. Cook’s attorney to draft the appropriate legal documents, and we will execute these documents after we have received final approval from the CWMTF and the NC Council of State.

Offer to Purchase – Deer Horn Dunes Lot

The attached Offer to Purchase the .3 acre lot in Deer Horn Dunes has been executed, and is contingent upon the approval of the Board of Commissioners. The purchase price is $15,110, which is the tax value.

The Town would place a conservation easement on this lot to allow the use of the lot for storm water management purposes. This lot is located directly adjacent to a planned pump location for the Coast Guard Road Storm Water Project, and would be beneficial for that project.

The closing on this lot purchase is scheduled to occur prior to October 31. The Town will know the result of the CWMTF’s October 20 meeting by that time, but will not know the outcome of the NC Council of State’s meeting. Because the sales price is minimal, and because this lot would be beneficial for the Coast Guard Road Storm Water Project, I recommend that the Town proceed with the purchase prior to a final decision by the NC Council of State. If the Board is not comfortable with this approach, I can certainly approach the seller about a post-November 4 closing date.

Capital Project Ordinance Amendment

The attached capital project ordinance amendment adjusts the overall project budget for the Coast Guard Road Storm Water Project. The amendment recognizes the $13,000 of revenue from the Bogue Banks Water Corporation, transfers a total of $13,000 from the contingency account, and appropriates $26,000 for activities associated with the transactions outlined above.

The contingency account for the Coast Guard Road Storm Water Project currently has a balance of $137,369. The attached capital project ordinance amendment will reduce the contingency amount to $124,369.

I believe the plans outlined in this memo will result in fewer impacts on adjacent residential properties than the Ocean Oaks site originally proposed by the BBWC. At this point, it appears that the necessary formal approvals to locate the new tank at Emerald Isle Woods will be forthcoming. The Board should note that the Town has not yet considered the opinions of residential property owners in the vicinity of the Emerald Isle Woods site. I mailed a brief explanation and a notice of this meeting to several nearby property owners in Osprey Ridge, Sea Dunes, and Cape Emerald on October 3, and a copy of that letter is attached for your information.

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.

TOWN OF EMERALD ISLE
CAPITAL PROJECT BUDGET ORDINANCE
COAST GUARD ROAD STORM WATER PROJECT

Be it ordained by the Board of Commissioners of the Town of Emerald Isle that, pursuant to NCGS 159-13.2, the
following amendments are made to Capital Project Ordinance originally adopted on April 23, 2002 for the Coast
Guard Road Storm Water Project.

	Amended Budget	Amendments	Amended Budget
Revenues	(Dec 12, 2002)	(Oct 14, 2003)	(Oct 14, 2003)
Donation from Original Land Owner	180,000	-	180,000
Clean Water Management Trust Fund Grant	2,400,000	-	2,400,000
Transfer from Storm Water Reserve Fund	384,474	-	384,474
Contribution from Bogue Banks Water Corporation	-	13,000	13,000
Installment Financing Proceeds - Land	500,000	-	500,000
Installment Financing Proceeds - Infrastructure	1,793,406	-	1,793,406

TOTAL	5,257,880	13,000	5,270,880


Expenditures
Legal Expenses / Other	14,474	2,890	17,364
Land	3,460,000	15,110	3,475,110
Permitting	100,898	-	100,898
Detailed Design / Engineering	198,974	-	198,974
Infrastructure	1,346,165	-	1,346,165
Wetland Construction	-	8,000	8,000
Contingency	137,369	(13,000)	124,369

TOTAL	5,257,880	13,000	5,270,880




Copies of this ordinance shall be filed with the Finance Officer, Budget Officer, and Town Clerk, to be kept on file
by them for their direction in the disbursement of Town funds for this project.


Adopted this ______ day of _____________ , 2003.

			___________________________
			Arthur B. Schools, Jr., Mayor

Attest:

_____________________________
Rhonda C. Ferebee, Town Clerk

Mr. Rush thanked Bogue Banks Water Corporation, Mr. Cook and the property owner in Deer Horn Dunes for their cooperation in putting this together.

Mayor Schools asked if there were comments from the public.

Joe Nobles, Cape Emerald, wanted to know the comparison in dollars had they left the tank in the original proposed location versus the cost involved moving it into the woods, making sure to include not just the acquisition part but also any additional costs that might be required because of the location into the woods as opposed to near the well, on the street.

Mr. Rush said the first thing to keep in mind is that the water tank is being constructed by Bogue Banks Water Corporation which is a separate non-profit organization that is not in any way affiliated with the Town. The Town’s cost associated with this proposal is an additional $13,000. The Water Corporation’s additional cost for the acquisition is an additional $13,000. The cost to construct the tank in Ocean Oaks or at the Emerald Isle Woods site is roughly the same according to the Water Corporation. They have estimated that the top of the tank would be approximately 140’ feet above sea level. The site at Emerald Isle Woods is a little bit higher elevation and therefore they can build a little bit shorter tank which will save them some money in the long run. However they do have to go roughly 100’ off Coast Guard Road through the woods to get back to the tank and that will result in a little additional expense for them. The cost increase for the Water Corporation may be a minimal increase but they have not indicated any significant cost difference between the two sites.

Mr. Nobles said after hearing Mr. Rush’s response that he felt that Mr. Rush had made an excellent choice.

Irvin Martinez, Osprey Ridge, asked about the areas having water pressure problems.

Mr. Rush said these problems were mostly in the western part of Emerald Isle from about this location down to the Point. He noted there are two existing tanks, one that serves the east end and one that serves the central part.

Mr. Martinez asked about the clearing for the proposed water tank.

Mr. Rush said that the verbal indications from the Bogue Banks Water Corporation are that they do not intend to clear anything on the eastern side of the property that we would convey to them and under the current plan there would be a 50’ buffer that would be retained under Town ownership and they have indicated that they have no plans to clear the next 100’ to the west so that there would be essentially a minimum of a 150’ buffer and it may wind up being a little larger than that.

Commissioner McElraft asked Mr. Rush to clarify his comment that there was no additional cost to the Town. She asked if she was correct that the town will be paying an additional $13,000. Mr. Rush said that the Town’s additional cost is $26,000, however, $13,000 will come from the water company, $13,000 from the Town. The water company’s cost to move the tank from Ocean Oaks to Emerald Isle Woods is relative, there really is no cost difference between their construction cost in Ocean Oaks or in Emerald Isle Woods.

Mr. Rush said out of the $26,000, $15,000 was for the purchase of the lot in Deer Horn Dunes, an estimated $8,000 for the wetlands creation at the West End, and another $3,000 of legal fees.

Commissioner McElraft asked why the legal fees were so high.

Mr. Rush said there were three different transactions and all three of them involved recording a conservation easement, so it is a little more complicated than the typical lot purchase.

Commissioner Eckhardt asked why a Capital Project Ordinance amendment was needed if they are taking the $13,000 out of the contingency account.

Mr. Rush said that they are essentially amending the budget for the Coast Guard Road Stormwater project. They did have a contingency amount of $137,369, he is recommending they take the $13,000 from that contingency and move to a line item that they can use to purchase the land or pay the legal fees. He added that by law they have to recognize the $13,000 coming in from the Water Corporation.

Attorney Derek Taylor said that as they go through these items, the land swap with Bogue Banks Water Corporation, as well as the location and the application for release, are all contingent upon approval from the Clean Water Management Trust Fund and also the Council of State.

Commissioner Messer thanked Larry Spell, John McLean and the water company. He noted that they didn’t have to do anything but build that tower in Ocean Oaks and at the request from some people from Ocean Oaks, Mr. McLean agreed to look for an alternate site.

Attorney Taylor added, and the Board agreed, that Mr. Cook’s land donation also is what makes this work.

Commissioner McElraft asked if the conservation easement that would be on Mr. Cook’s property would prevent in the future digging a holding pond or wetlands.

Mr. Rush said that what they envision would allow using the property for stormwater management purposes and also for natural area or park purposes and in fact, the donation agreement will have a reverter clause that says if they do not use the land for stormwater management or natural area preservation, then the land actually reverts back to Mr. Cook. The conservation easement will reflect wishes of the Clean Water Trust Fund and the wishes of Mr. Cook.

Attorney Taylor said that they would try to tie into this so that the conservation easement does not go into action until we do the mitigation. The mitigation will be done first and once it is in that state, convert it to a conservation easement and use the same wording that they used with the Emerald Isle Woods property.

Commissioner McElraft said that she wanted to make sure that they understand that if they need to do further wetlands in that area that they don’t have to go back to them for approval.

Mr. Rush said that was the intent and he would certainly convey that to Bill Holman, Executive Director, that if they have the opportunity they are going to incorporate this as the overall stormwater project.

Motion was made by Commissioner Marks to approve the land swap with Bogue Banks Water Corporation and direct the Town Manager and Town Attorney to execute documents subject to Clean Water Management Trust Fund acceptance of the mitigation package and release of the 1.1 acre tract from Emerald Isle Woods from the Conservation Easement by the Council of State. The Board voted unanimously 4-0 in favor. Motion carried.

Motion was made by Commissioner Messer to approve the Donation Agreement with Mr. Jerry Cook and direct the Town Manager and Town Attorney to execute documents. The Board voted unanimously 4-0 in favor. Motion carried.

Motion was made by Commissioner Marks to approve the Offer to Purchase for the Deer Horn Dunes lot and direct the Town Manager and Town Attorney to execute documents. The Board voted unanimously 4-0 in favor. Motion carried.

Motion was made by Commissioner McElraft to adopt the Capital Project Ordinance Amendment associated with these transactions. The Board voted unanimously 4-0 in favor. Motion carried.

13. CONTRACT FOR BEACH NOURISHMENT BIOLOGICAL MONITORING – COASTAL SCIENCE & ENGINEERING, LLC

Frank Rush, Town Manager, addressed the Board concerning the contract for Beach Nourishment Biological Monitoring – Coastal Science & Engineering, LLC.

The contract covers a total of 5 biological monitoring events between November 2003 and November 2005, at a per event cost of $50,000 each.

The US Army Corps of Engineers and NC CAMA permits issued for the overall Bogue Banks Beach Restoration Project required the communities on Bogue Banks to monitor biological activity in the offshore borrow areas, on the beach strand, and the nearshore zone both prior to and after the various beach

nourishment projects. To date, a total of 5 monitoring events have occurred out of a total of 10 required events. The towns of Pine Knoll Shores and Indian Beach shared in the cost of the first 5 monitoring events, and, according to a verbal agreement at the beginning of the project, the Town of Emerald Isle is responsible for the cost of the remaining 5 monitoring events.

The Town has a budget of $250,000 established for these 5 monitoring events, which is sufficient to cover the total cost of this contract. The contract price assumes the same overall scope of work undertaken for the first 5 monitoring events for the next 5 monitoring events. The contract price assumes that the Town will continue to monitor the same number of specific sample locations as the 5 previous monitoring events, however, there is now the potential that some of the monitoring requirements may be relaxed due to the fact that biological recovery appears to be on schedule. The November 2003 monitoring event, the first that Emerald Isle is responsible for, will include the same overall scope as the 5 previous monitoring events, however, the remaining 4 monitoring events may not require the same level of sampling as the previous monitoring events.

The Board should note that the contract will allow for cost reductions if the monitoring requirements are relaxed by the US Army Corps of Engineers and the NC Division of Coastal Management. The Board should also note, however, that there may be additional monitoring requirements in Pine Knoll Shores and Indian Beach associated with the upcoming Section 933 nourishment project. As a result, it is possible that beach strand and nearshore monitoring requirements would not be relaxed in Pine Knoll Shores and Indian Beach. As a good neighbor, and in recognition of these towns’ previous financial commitments that have benefited Emerald Isle, I recommend that the Town continue to fund biological monitoring events in these Towns if they are required as part of the Section 933 project, provided they do not increase the total cost of this contract. At a minimum, it appears that the monitoring in offshore Borrow Area B-1 (off of Pine Knoll Shores) will be discontinued after the November 2003 monitoring event, which will result in some savings for the Town of Emerald Isle.

The Board should note that the Town’s contract would be with Coastal Science & Engineering, LLC, and that it would simply involve an amendment to the Town’s existing contract with CSE for the Eastern Phase Beach Nourishment Project. CSE would perform an overall coordination and review role, and would subcontract the actual monitoring activities to Coastal Science Associates, Inc. This is the same arrangement utilized for the first 5 monitoring events sponsored by Pine Knoll Shores and Indian Beach.

Commissioner Marks thought that the audience should know that these are required monitorings.

Mr. Rush said they do two sampling events each year, one in June and one in November.

Commissioner McElraft said also as a reminder that this is coming out of beach nourishment funds and it has have been budgeted.

Commissioner Eckhardt asked Mr. Rush if he would go over the need for anything from our budget to cover monitoring that would be associated with 933.

Mr. Rush said that when the Biological Monitoring Program was first established it was before the overall 17 mile Bogue Banks project occurred. The 933 Project was just an idea at that time. The three town’s committed to 5 years worth of monitoring at several different locations, in the offshore borrow areas, on the beach and in the nearshore surf zone. That monitoring program requires a certain number of stations in those towns and control stations in Atlantic Beach and in western Emerald Isle, but there is also a certain timing that is tied to the various monitorings, obviously we’re doing a nourishment project in three phases. Some of the monitoring requirements are going to come off because of the Pine Knoll Shores and Indian Beach projects that will reduce our cost. Mr. Rush said that what he is suggesting is that if there is an extension of those monitoring requirements because of the 933 Project, and they don’t cause us to exceed our budget and the original scope of the monitoring, he would ask the board to consider, and he would recommend, that they assist Pine Knoll Shores and Indian Beach at least to the extent that they have allocated in our contract.

Motion was made by Commissioner McElraft to approve the contract with Coastal Science & Engineering for beach nourishment biological monitoring. The Board voted unanimously 4-0 in favor. Motion carried.

14. STREET LIGHTING POLICY – NEW DEVELOPMENTS

Frank Rush, Town Manager, presented the Street Lighting Policy – New Developments to the Board.

As you recall, the Board adopted a Street Lighting Policy for existing developments at the September 9 meeting, and referred the proposed policy on new developments to the Planning Board. The Planning Board discussed the proposed policy, along with overall commercial lighting standards, at its September 29 meeting, and unanimously recommended approval of the proposed policy on new developments. (The Planning Board also decided not to pursue amendments to the Town’s overall commercial lighting standards.) As a result, the Board of Commissioners is asked to again consider the standards for new developments.

The significant provisions included in the proposed policy for new developments are as follows:

In general, street lights will be installed at 400 – 600 ft. intervals.

All new subdivisions, whether public or private, would be encouraged to adhere to the standards for spacing, illumination, pole selection, and pole height specified in this policy. The policy also stipulates that all new subdivisions will use lighting systems that conform to Carteret Craven Electric Cooperative’s standards; i.e., products that they offer and can effectively and efficiently maintain. The Board should note that Carteret Craven occasionally changes their product line, and is also amenable to adding new products at the request of a developer, provided there is sufficient interest in their service area to make adding those products worthwhile.

All lights should be 175 watt mercury high vapor lights. The vast majority of lights in Emerald Isle now are of this strength and appearance. These lights provide a white / blue tint.

The Town would take over maintenance and operation of all street lights along a public street upon request of the initial developer. The Town would take over either basic or decorative lights, provided they conform to the standards in this policy. If the Town is requested to take over decorative lights, the initial developer must bear the $150 capital cost per light upfront, after which the Town would take over the monthly maintenance and operation cost.

The Town would not take over maintenance and operation of street lights along private streets.

Motion was made by Commissioner Marks to adopt the Street Lighting Policy, with the addition of provisions for new developments, as presented. The Board voted unanimously 4-0 in favor. Motion carried.

15. AMENDMENT TO PERSONNEL POLICY – VETERANS DAY HOLIDAY

Frank Rush, Town Manager discussed this amendment to personnel policy – Veterans Day Holiday.

The Board is asked to approve the attached amendment to the Town’s Personnel Policy regarding the Veterans Day holiday. The amended policy will add Veterans Day as a holiday for Town employees. This addition will make the number of Town holidays consistent with the State of North Carolina and many other local governments.

The Town’s current policy allows for a total of either 10 or 11 holiday days annually, depending upon which day of the week Christmas day falls on. The Town’s policy allows 3 days off if Christmas falls on a Tuesday, Wednesday, or Thursday (thus a total of 11 holiday days annually), and 2 days off if it falls on a Friday, Saturday, Sunday, or Monday (thus a total of 10 holiday days annually). The Christmas policy is identical to the State of North Carolina and most other local governments.

A town staff committee has been reviewing the entire Town Personnel Policy, and one of their recommendations / requests is to add Veterans Day as a Town holiday. I have completed an informal survey of other city, town, and county managers using the “managers’ listserv”, and the results of that informal survey are attached. In order to provide a meaningful, “apples-to apples” comparison, it is important to look at the total number of holiday days rather than just whether or not a unit of government observes Veterans Day. As you will note, there are many local governments that provide a total of 11 or 12 holiday days annually, with the additional day (in many cases) being Veterans Day. You will note that the State of North Carolina’s policy also provides a total of 11 or 12 holiday days annually. Locally, Carteret County and Morehead City provide 11 or 12, while Atlantic Beach and Swansboro provide a total of 10 or 11 as Emerald Isle currently does.

The addition of Veterans Day will not result in additional cash expense for the Town of Emerald Isle for the Town’s non-law enforcement and non-Fire personnel (27 employees). Those employees will simply receive an additional day off for which they would have been paid. For Police and Fire personnel, the addition of Veterans Day will result in an additional 8 hours of special Holiday Pay for 32 employees. The estimated cost of this additional Holiday Pay is approximately $3,600 including benefits. If the Board approves Veterans Day as an additional holiday, I will seek to have the Police and Fire departments absorb this additional expense in their departmental budgets for FY 03-04.

I appreciate the Board’s consideration of this request, and I know our employees do as well. Our staff, including myself, is extremely fortunate to have a supportive group of elected officials.

AMENDMENT TO TOWN PERSONNEL POLICY – VETERANS DAY HOLIDAY

The Board of Commissioners of the Town of Emerald Isle hereby approves the following amendment to Article VII. Holidays and Leaves of Absence, Section 2. Holidays of the Town’s Personnel Policy:

Section 2. Holidays

The policy of the Town is to follow the holiday schedule listed below. Each holiday is an eight-hour period.

New Year’s Day Labor Day

Employee Appreciation Day Veterans Day

Easter Monday Thanksgiving Day

Memorial Day Day After Thanksgiving Day

Independence Day Christmas – 3 days, if Christmas falls on a

Tuesday, Wednesday, or Thursday, otherwise 2 days, determined each year by the Town Manager.

When a holiday other than Christmas Day falls on a Saturday or Sunday, Monday shall be observed as a holiday.

In order to be eligible for holiday pay, an employee must be in pay status for a full regularly scheduled workday before and after the holiday, unless excused by the appropriate supervisor.

Employees who are required to work on holidays will be paid eight hours in addition to their regular pay for those days.

Approved this ___ day of __________________ , 2003.

___________________________

Arthur B. Schools, Jr., Mayor

Attest:

___________________________

Rhonda C. Ferebee, Town Clerk

Motion was made by Commissioner Messer to adopt the Amendment to the Personnel Policy adding Veterans Day as a Town Holiday. The Board voted unanimously 4-0 in favor. Motion carried.

16. COMMENTS FROM TOWN MANAGER

Town Clerk had no comments.

Town Attorney said there were comments from the Town Manager that will relate to his comments so he asked to let Mr. Rush speak first.

Town Manager, Frank Rush, mentioned first the memo in the Board packet from Fire Chief Bill Walker explaining that they are getting ready to move forward on the purchase of the new fire engine. He said that he had a Request for Bids on his desk now for review and they would be putting that out to prospective bidders probably within the next couple of weeks. Mr. Rush said that they hope to have a contract to present at the December board meeting. He added that they have been waiting and are continuing to wait just a little longer to find out if they will get a grant from the United States Fire Administration. As it turns out after 16 rounds of elimination the Town is still in the running for a $325,000 grant which would obviously be a great thing for Emerald Isle and for the budget.

Mr. Rush said that in terms of the Bogue Inlet Project, they have a location and time for the public hearing that will be sponsored by the Corps of Engineers. The date is Monday, December 8 at the Emerald Isle Recreation Building, beginning at 6:00 pm. Mr. Rush said he was pleased to say that the preliminary draft EIS had been released. He said that agency comments are due back in early November and then the official draft EIS will be prepared and released. Once that is released, that starts the official timetable for the Federal EIS process.

One of the outstanding issues is who will own any new land that is created adjacent to the homes that are threatened now and what mechanism should be put in place to prevent future development of any new land created there. He felt there was consensus among the Board and also the Project Development Team that no new development should occur west of the existing homes, however, based on a ruling from the Attorney General’s office any new land that is created, whether it accretes naturally or whether we place it there along the inlet shoreline, it will belong to those property owners that currently have homes there as it grows. Mr. Rush said that a couple of the items that he and Attorney Derek Taylor had discussed include having property owners deed all land west of a certain point to the Town, perhaps place a conservation easement on all land west of a certain point. He thought property owners would be receptive to some mechanism. Mr. Rush said that he planned to set up a special meeting on a Saturday with the affected property owners along with Attorney Derek Taylor and also Tom Jarrett to discuss this issue and get their input.

Commissioner Messer asked if they could be given back what they had before. Mr. Rush said that would certainly be an option. One of the options discussed was a mechanism that would allow them to preserve their CAMA setback so that if there was a fire or storm they would at least have the option of rebuilding their house in the same location.

Commissioner Marks said there were at least 3 lots to the west of Senator Royall’s house that disappeared long before his house became endangered. She asked if they came back would they revert to the original owner.

Mr. Rush said they were gone forever. They belong to the owner that is there now.

Mr. Rush also mentioned that we were extremely fortunate during Hurricane Isabel. They are working with FEMA now on the reimbursement process. He said they expect to be fully reimbursed for all of their hurricane related expenses. Public Works has completed their first pass of Town to collect debris which has taken about three weeks. They will now make a second pass and FEMA will reimburse for the equipment and overtime cost associated with this second pass.

Mr. Rush said that one other thing is that November 11 will be a holiday and that is actually the date of the Board meeting. He asked for the Boards input on how to proceed.

It was the consensus of the Board that the November Board meeting be held on Thursday, November 13^th.

Attorney Derek Taylor updated the Board on the western phase of the renourishment process. He said there are about 398 properties that they will need to get easements for, which is about 440 easements, because not every property is owned by one individual so there are more easements than properties. He noted that they had already received 168 and they had been recorded. There remain about 270 to get, of that about 220 have been mailed. He said they are well on their way.

Mr. Rush added that this time, differently from the eastern phase, they have tasked Mr. Taylor’s office with sole responsibility for this.. He felt this would be a better process for the recipient of the easement.

Commissioner Messer had no comment.

Commissioner Marks thanked Public Works and all the Town staff for their work after the hurricane. She added that we were fortunate to have Emerald Isle Woods right now and it is helping to alleviate some of the problems in Deer Horn Dunes.

Commissioner McElraft mentioned that Thursday is National Feral Cat Day. There will be someone from Island Cat Allies at Food Lion to collect food, blankets, towels, plastic storage containers. She said they have 14 kittens for adoption now and they had treated 60 sick cats. She said there would be an article in the Tideland News about this project.

Commissioner Eckhardt said that he had been challenged at the Lands End forum on the lack of progress on the Emerald Isle Woods stormwater project. He asked Mr. Rush is there was a lack of progress or were they progressing on schedule.

Mr. Rush said they were still on schedule for the design phase and the permitting phases of the project. They were slowed down a little by some additional testing that they were doing on that site, however, he had just set a meeting with Moffatt & Nichol for November 13^th to go through a detailed review of the testing results.

Motion was made by Commissioner McElraft to adjourn the meeting. The Board voted 4-0 in favor. Motion carried.

Meeting was adjourned at 9:35 pm.

Respectfully submitted:

Rhonda C. Ferebee
Town Clerk