Commissioner's Minutes

February 10, 2004 Agenda
February 10, 2004 Minutes

Action Agenda
REGULAR MEETING OF THE EMERALD ISLE
BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 10, 2004
6:00 PM - EMERALD ISLE TOWN HALL

Call to Order
Roll Call
Pledge of Allegiance
Adoption of Agenda
(Approved 5-0 vote)
Public Announcements
Consent Agenda

Minutes – January 8, 2004 Special Meeting
Tax Refunds / Releases
Budget Amendment – Bogue Sound Drive Channel Dredging Project
Resolution Authorizing Purchase of Station Street Property
(Approved 5-0 vote)

Public Comment
FY 04-05 Budget

FY 04-05 Budget Calendar
Public Hearing – Early Citizen Input
(04-05 Budget Calendar approved 5-0 vote)

Rezoning Request – 5.02 Acres on Coast Guard Road from B-3 (Business) to RMF (Residential Multi-Family)

Public Hearing
Consideration of Rezoning Request
(Approved 5-0 vote)

Annual Street Resurfacing Contract

Resolution Authorizing 2004 Street Resurfacing Contract
Budget Amendment
(Approved with changes 5-0 vote)

Resolution Authorizing Purchase of New Fire Engine
(Approved 5-0 vote)
Resolution Supporting Post-Labor Day School Start
(Approved 5-0 vote)
Amendment to Coastal Planning & Engineering Consulting Contract for Bogue Inlet Channel Erosion Response Project

Resolution Authorizing Contract Amendment
Capital Project Ordinance Amendment
(Approved 5-0 vote)

Appointment – Eastern Carolina Council of Governments General Membership Board
(Appointed Mayor Pro-Tem Floyd Messer 5-0 vote)
Comments from Town Clerk, Town Attorney, and Town Manager
Comments from Board of Commissioners and Mayor

Adjourn

MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 10, 2004 – 6:00 P.M. – TOWN HALL

Present for the meeting were Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Floyd Messer, Pat McElraft, and John Wootten. Others present were Town Attorney Richard Stanley, Town Manager Frank Rush, Town Clerk Rhonda Ferebee, Planning Director Kevin Reed, Public Works Director Artie Dunn, and Fire Chief Bill Walker.

After roll call all who were present recited the Pledge of Allegiance.

4. ADOPTION OF AGENDA

Motion was made by Commissioner Wootten to adopt the agenda as presented. The Board voted unanimously 5-0 in favor. Motion carried.

5. PUBLIC ANNOUNCEMENTS

Mayor Schools gave the dates of upcoming meetings and events as follows:

Planning Board Workshop – Dunes and Vegetation Ordinance – Wednesday, February 11 at 6:00 p.m. at Town Hall
Bicycle and Pedestrian Advisory Committee Regular Meeting – Monday, February 16 at 6:00 p.m. at Emerald Isle Community Center
Board of Commissioners General Planning Workshop – Monday, February 16 at 8:00 a.m. at Trinity Center Beach House in Pine Knoll Shores
Planning Board Regular Meeting – Monday, February 23 at 6:00 p.m. at Town Hall
Mayor Schools has declared February 7-14 as “Scouting for Food Week”
13^th Annual Emerald Isle St. Patrick’s Day Festival – Saturday, March 13 at Emerald Plantation Shopping Center

Mayor Schools also noted that the Planning and Inspections office had moved to the old Emerald Isle Library location.

Mayor Schools said the Blood Drive that was here in Town Hall on Friday, January 30 was a great success.

6. CONSENT AGENDA

a. Minutes – January 8, 2004 Special Meeting

b. Tax Refunds/Releases

c. Budget Amendment – Bogue Sound Drive Channel Dredging Project

d. Resolution Authorizing Purchase of Station Street Property

Motion was made by Commissioner McElraft to accept the Consent Agenda. The Board voted unanimously 5-0 in favor. Motion carried.

7. PUBLIC COMMENT

Dick Eckhardt, 4304 Ocean Drive, said at the last regular Board meeting in January he appealed to the Board to do whatever they could to ensure that future Emerald Isle nourishment projects were done with dredge material that was truly beach compatible. He mentioned an article the Town Manager had placed in the recent Island Review outlining a proposed plan to renourish hot spots on the eastern reach that were caused by Hurricane Isabel. He added that the article didn’t point out that the hotspots would be renourished using spoils from Borrow Area A, the same borrow area that was used in Pine Knoll Shores, Indian Beach, and Emerald Isle in the last two winters. He said that Borrow Area A had been notorious for high levels of mud, gravel, shell, and large cracked clam shells. Mr. Eckhardt said he would like to make his appeal again to not make this mistake again using Borrow Areas A, B1, or B2 for future projects.

Frank Vance, 2302 Ocean Drive, mentioned that along 21^st through 22^nd Street there was plenty of large stone or marl, and also at 12^th Street there was heavy shell, not at the waters edge but back up where it has eroded. Mr. Vance wanted to know why the Town had 70 employees and what did they do. He said that people wanted to see an organizational chart. He also mentioned problems that he had with the Police Department.

Mayor Schools noted that the mention of 70 employees was his mistake, he had done an article, and this number was not proofread. Town Manager Frank Rush clarified there are actually 59 full time employees and 47 part time employees, which is the same number the Town has had for the last few years. Mr. Rush said there was a copy of the Organizational Chart and a breakdown of all the positions on the back table under Item 8 for the budget, and this was included in all of the packets for the Board.

Vera Gaskins, 5405 Cedar Tree Lane, speaking on behalf of her husband and many of his fisherman friends, requested that the beach be open to surf fishermen on the day after Labor Day. She said there are four weeks of good fishing for them, even if it had to be closed on weekends for the sunbathers. She felt they could still enjoy the weekdays. She felt it would be a benefit to the merchants, and rental businesses. Mrs. Gaskins said that September and October are still warm, as opposed to the cooler days of November.

Commissioner Wootten asked that this subject be included in a workshop at a time in the near future.

Jerry Stockdale, 8521 Oceanview Drive, said in regard to the comments made by Mr. Eckhardt, and other things he had read about some bad places on the beach with rocks and shells, brought to mind a presentation a couple of years ago about a large raking machine. This machine would go down the beach and dig up rocks and shells, and other large objects. He asked if the Board had seen this type of equipment, or thought of going in with the other beach communities and buying the piece of equipment. He wanted to bring this back up as a possible thing that the Town may want to look into.

Commissioner McElraft asked the Town Manager where this stood, she remembered at the time there was a problem with the environmental groups that were worried about the turtles. She said they do this in Virginia and South Carolina.

Town Manager Frank Rush said they had made an effort to have that machine come to Emerald Isle following the nourishment project last winter. However, at that time it was beyond the appropriate timeframe, which he thought was April 30, for use of the machine on the beach. They decided at that point in time to take a wait and see approach. The estimated cost, he believed, was in the $6,000 - $7,000 range. He added that if this is something the Board would like to see done they could look into this. He said this would have to be done prior to April 30^th. It’s about a three day process to do the nourishment area. One issue would be where to dispose of the shells.

Mayor Schools said one of the problems with this is that you get the shells off the top and you still have shells below. He felt they may want to try this one time but it was not a cure-all.

Commissioner McElraft said in regard to Mr. Eckhardt’s comments, that the only areas that the Town has been permitted are the areas that Mr. Eckhardt suggests that they don’t use. She added, that if the Town was able to use the beautiful sand dredged from the Outer Harbor, if they were able to get that sand they would, but the Corps said it wasn’t cost effective for Emerald Isle to get that sand, so what they are trying to do now is get the Inlet Project done so that they can use that quality sand to nourish the western end. She said they wouldn’t have used those Borrow Areas unless they were forced to use them. That was the only thing they were permitted for, and the only thing they are still permitted for.

John Grady, 113 Fawn Drive, mentioned incidents with fireworks. He asked that since the Town has rules concerning fireworks that the Town should respond to reports from citizens and enforce the rules. Mr. Grady also mentioned in regard to Mr. Stockdale’s comment concerning the raking machine, that they are doing this same thing in New Jersey. He wondered if rather than renting something, maybe the whole Banks could do this with the Beach Nourishment group and take it out of the tourism money, and then they could do this up and down the whole Banks as needed. Mr. Grady also commented to Commissioner McElraft and Commissioner Hedreen, who had been working hard on the Fawn Drive area and the flooding situation. He said he would like to be involved in this next time, and thanked them all for their efforts.

Commissioner McElraft added that the Town Manager and Town employees had been out on Fawn Drive many times on a Saturday, working very hard to solve the problem there.

8. FY 04-05 BUDGET

Town Manager Frank Rush said the Board is asked to approve the suggested FY 04-05 Budget Calendar. He also advised the Board that in an effort to receive citizen input on the FY 04-05 budget at the front-end of the process, he has scheduled a public hearing tonight. The purpose of the public hearing is for interested citizens to offer early input on the tax rate, funding for various programs, departments, and projects, etc. Mr. Rush said he also included for the Board several excerpts from the 03-04 budget to give background information.

TOWN OF EMERALD ISLE

FY 2004-2005 BUDGET CALENDAR

Tues, February 10 Mayor and Board of Commissioners adopt budget calendar at regular monthly meeting

Tues, February 10 Public Hearing on FY 2004-2005 Budget at regular monthly meeting

Mon, February 16 Board of Commissioners general planning workshop

(Daytime Meeting)

Wed, February 25 Town Manager and Assistant Town Manager meet with department heads to begin budget process

Thurs, February 26 – Department heads prepare budget requests and develop revenue

Fri, March 26 estimates for their programs and services

Fri, March 26 Department budget requests and revenue estimates due

Fri, March 26 Emerald Isle EMS budget request and revenue estimates due

Mon, March 29 - Town Manager and Assistant Town Manager review

Fri, April 9 department budget requests

Mon, April 12- Town Manager and Assistant Town Manager meet with department heads

Fri, April 23 to discuss budget requests

Fri, April 23 Town Manager and Assistant Town Manager finalize revenue estimates and recommended expenditure budget

Mon, April 26 – Preparation of recommended budget booklet; additional revisions to Fri, May 7 recommended budget

Tues, May 11 Town Manager’s Recommended Budget submitted to Mayor and Board of Commissioners at regular monthly meeting

Mon, May 17 Special Board of Commissioners Budget Workshop Meeting

(Evening Meeting)

Mon, May 24 Special Board of Commissioners Budget Workshop Meeting

(Evening Meeting)

Tues, June 1 Special Board of Commissioners Budget Workshop Meeting –

Public Hearing on FY 2004-2005 Budget

(Evening Meeting)

Tues, June 8 Adopt FY 2004-2005 Budget at regular monthly meeting

Motion was made by Commissioner McElraft to adopt the FY 04-05 Budget Calendar. The Board voted unanimously 5-0 in favor. Motion carried.

Motion was made by Commissioner Messer to open the public hearing for citizen input on the budget. The Board voted unanimously 5-0 in favor. Motion carried.

Jerry Stockdale, 8521 Oceanview Drive, said that during the beach nourishment bond referendum it came to light that when they raised property taxes considerably to pay for this bond that it enabled Emerald Isle to have a larger dollar sharing of sales tax that comes back from the State every year. He said what they were expecting was a sales tax rebate increase of $500,000 which would amount to 4-cents per $100 on property tax. He said the slogan during that campaign to promote the beach nourishment bond was if they spent 3-cents to increase property tax, we stood to get 4-cents back, which sounded like a good deal. He said during the budget process last year he didn’t hear anything about how they might get some of that back in their property tax rate or how it would benefit taxpayers in Emerald Isle. He encouraged the Board to keep that in mind this year and look at how much additional sales tax they got back last year as compared to the year before, and see what could be done for taxpayers this year.

Ronnie Watson, 9102 Coast Guard Road, reiterated the comments made by Mr. Stockdale. Mr. Watson encouraged the Board to look at this budget closely, and hopefully they would see a tax reduction and not a tax increase. He added there had been a considerable amount of increases over the last several years with the beach nourishment and he hoped they would look at this, and keep the purse strings tight.

Commissioner McElraft made a motion to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

9. REZONING REQUEST – 5.02 ACRES ON COAST GUARD ROAD

Planning Director Kevin Reed presented information to the Board concerning the rezoning request by Bell Cove, LLC. Mr. Reed said that an application had been submitted requesting that approximately 5.02 acres be rezoned from B-3 (Business) to RMF (Residential Multi-Family). The property is located on the north side of Coast Guard Road and the west side of Highway 58 (Emerald Drive). Mr. Reed said as noted in his memorandum, the Planning Board, at their meeting on January 26, 2004, voted unanimously to recommend to the Board of Commissioners that the rezoning request be approved.

Mr. Reed provided by projector a copy of the survey showing the boundaries of the property to be rezoned highlighted in yellow, along with a current zoning map of the area. He noted that in November of last year there was a recombination of the two tracts to make the current configuration that they see now which is approximately a 2.9 acre parcel along Coast Guard Road and a larger 5.02 acre parcel behind highlighted in yellow. The property highlighted in yellow is the property the petitioners are requesting be rezoned. He noted that the Parcel Two at the front of the property is to remain B-3 (Business). Mr. Reed felt it important to note that although there is not adjacent residential multi-family zoning, there is to the west and the south a considerable amount of multi-family development.

Commissioner McElraft asked if the ingress/egress for this property would come out at the Pebble Beach entrance. Mr. Reed said that was correct.

Motion was made by Commissioner McElraft to open the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

John Grady, 113 Fawn Drive, commented that he hoped they would consider the water plant that smells so bad right next to that property. He felt someone should take care of that problem.

Dick Eckhardt, 4304 Ocean Drive, asked if making this residential precluded having access from the drive across from Pebble Beach access Parcel Two, or would this force them into having some access across from the current Reed Drive, would you be able to access Parcel Two.

Mr. Rush said that they approved the recombination administratively in November, and Parcel One – ingress/egress is limited to the 67 foot swath across from Pebble Beach. There is a common drive easement which is designed for egress from Parcel Two. The same traffic controls are in effect with this configuration of the lots as there was previously.

Mayor Schools said they would probably see a lot less traffic with houses there than with retail businesses.

Commissioner Isenhour commented that, having been on the Board when the previous owner brought this up for development, the entire area at that time was to be commercial. He said there was an extensive study, and bottom line was that if this was turned into commercial, during the peak of the summer there would be traffic gridlock, so it was turned down. Commissioner Isenhour said that in a conversation with the principals involved in this, he understood they would be putting in 26 upscale townhouse structures, which he felt was a very good use of the property and should not create a traffic problem there to the same extent that commercial would.

Motion was made by Commissioner Hedreen to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Commissioner McElraft commented that once again the developers had requested a downzoning of property from B-3 to residential.

Commissioner Hedreen felt there was a need for this type of development and she welcomed the project as providing another choice for people.

Commissioner Wootten felt it important that the owners understand that the exit out onto Reed Drive should never be allowed to be a left hand turn.

Mr. Reed clarified that the plat that was recorded does contain the restriction that the access to Parcel Two is by right turn only off of Coast Guard Road and there is no means of egress from Parcel Two to Coast Guard Road except via the joint access easement.

Motion was made by Commissioner Hedreen to approve the rezoning of the 5.02 acre tract on Coast Guard Road from B-3 to RMF. The Board voted unanimously 5-0 in favor. Motion carried.

10. ANNUAL STREET RESURFACING CONTRACT

Public Works Director Artie Dunn gave a brief summary of the Annual Street Resurfacing Contract. The attached resolution authorizes a contract with the Coastal Carolina Division of APAC-Atlantic in the amount of $147,000. The contract includes the resurfacing of approximately 2.3 miles of public street segments, including four drainage improvement locations plus the construction of a 6 foot bike path on Ocean Drive between Sea Crest subdivision and West Summer Place. Mr. Dunn stated that there is a total budget amount at this time of $143,000 available for 2004 resurfacing, therefore, he said they would like to request that the Board allocate $4,000 from Powell Bill Reserve for a total of $147,000. He added that it would also be necessary to appropriate another $16,000 from Powell Bill Reserve. That is money that was budgeted for the 2003 resurfacing, however due to invoicing that did not occur until after June 30, 2003, the unused portion rolled over into Powell Bill Reserve, and the late invoices were paid from the 2004 budget. This will leave a balance of $48,000 in Powell Bill Reserve.

RESOLUTION AUTHORIZING 2004 STREET RESURFACING CONTRACT

Whereas, the Town advertised for bids for the 2004 street resurfacing contract in January, and

Whereas, the Coastal Carolina Division of APAC-Atlantic, Inc. was the low bidder for the 2004 street resurfacing contract, with a total base bid of $160,595 for the specified street segments, and a unit cost bid of $4.10 per sq. yd. of asphalt and $0.80 per sq. yd. of fabric, and

Whereas, the Town has scaled back the street segments included in the base bid due to budget constraints, thus reducing the estimated total cost of the contract to approximately $146,737

Whereas, the Town Manager is the chief administrative officer of the Town,

Now, therefore, be it resolved by the Board of Commissioners that the Town Manager is hereby authorized to execute the 2004 street resurfacing contract with the Coastal Carolina Division of APAC-Atlantic for a total amount not to exceed $147,000.

BUDGET AMENDMENT
FY 2003-2004

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

GENERAL FUND

	Increase	Decrease
Revenues
Appropriation from Powell Bill Reserve	20,000	-

TOTAL	20,000	-

Expenditures
Powell Bill - Street Resurfacing	20,000	-

TOTAL	20,000	-

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.

TOWN OF EMERALD ISLE
2004 Street Resurfacing List

Resurfacing
Street Name	Age / Last Resurfacing	Segment Length	(linear feet)	Cost
East Landing Court	20+ years	465	+ 45' cul-de-sac	$ 3,954.30
Ocean Drive (Arthur - Purdie)	20+ years	1,500		19,600.00
James Street	20+ years	1,180		14,082.50
Ethel Street	20+ years	1,225		13,800.00
Purdie Street	20+ years	1,300		15,020.00
Archers Creek Drive	20+ years	3,200	+ 60' cul-de-sac	37,053.60
East Seaview Drive	1983	1,310		14,843.60
Old Coast Guard Road	20+ years	500		7,755.00
Lamroc Drive	1983	925		10,537.30

Subtotal		11,605	linear feet	$136,646.30
		2.20	linear miles

New Paving
Western Ocean Regional Access Driveway	(35' wide)	150		$ 2,501.00

Street Flooding Improvements
3507 Ocean Drive, pitch NW		83		$ 1,200.00
4105 - 4109 Ocean Drive, pitch N		150		2,080.00
Crew Drive @ Coast Guard Road, pitch S		135		1,550.00
8706 - 8708 Reed Drive, pitch S		97		1,360.00

Subtotal		615	linear feet	$ 8,691.00
		0.12	linear miles


GRAND TOTAL - Resurfacing, New Paving, Street Flooding Improvements		12,220	linear feet	$145,337.30
		2.31	linear miles

Bike Paths
Sea Crest - West Summer Place	(6' wide bicycle path)	120		$ 1,400.00


NOTE: All street segments 20' wide unless otherwise noted.

Mayor Schools said he knew that they had cut out some of the streets, and hoped the Board would consider letting more money be taken out of the Powell Bill Reserve so that they could resurface all they wanted to this year. He added that he understood that the cost of this type of construction goes in cycles, and for the last couple of years we have been in the low cycle as far as price. He felt it was more likely that they would hit a cycle and the price would go up than go lower. Mayor Schools asked Mr. Dunn if an extra $10,000 would cover everything that they wanted to do.

Mr. Dunn said if they did everything in the base bid probably another $11,000 would cover that.

Commissioner Isenhour asked about Old Coast Guard Road, noting that it was a short dead end road with four houses, he wondered if that $7,700 could be better used somewhere else.

Mr. Dunn said he had included this road because of the new construction in that area, he felt it would improve the area aesthetically.

Commissioner Hedreen asked about the 20 year plan, and the high use roads.

Town Manager Frank Rush said the ideal goal would be to do every street in town on a 15-year cycle, however, in order to accomplish that they would need to be allocating funds from general property taxes each year, and at least for the last three years they had not had the resources to do that. They put together this list considering the condition of the roads from a visual survey, and they had a list much longer initially, and cut this list down after visually observing the roads and the last date it was resurfaced. He said there may be streets that are a higher priority, but in an effort to hit all of the aged streets in Town this was the approach they took this year. Mr. Rush said what he would like to consider in next year’s street resurfacing contract, and perhaps future years, is to change the approach a little. He said they had questioned whether they might get a better price if, for example, they did a whole 2.3 mile stretch of Ocean Drive in one year.

Commissioner McElraft asked in regard to Old Coast Guard Road, if they are going to start bringing in big trucks and building in that area, wouldn’t that tear the road up more, wouldn’t it be better to resurface after they finish that project.

Commissioner Isenhour said they could take it a step further and say they will look at whether or not the resurfacing is really needed after the developer is in.

Commissioner Messer suggested they take this $7,000 and take $3,000 more and do what they had intended to do.

Mr. Rush said if this was what the Board would like to do he would suggest they amend the budget amendment to say $24,000, and change the resolution to say $151,000, and that should cover that change.

Motion was made by Commissioner McElraft to approve the Resolution Authorizing the 2004 Street Resurfacing Contract in an amount not to exceed $151,000. The Board voted unanimously 5-0 in favor. Motion carried.

Motion was made by Commissioner Isenhour to adopt the Budget Amendment appropriating $24,000 from the Powell Bill Reserve for the 2004 Street Resurfacing Contract. The Board voted unanimously 5-0 in favor. Motion carried.

Commissioner McElraft said that we have a Powell Bill Fund now of $44,000, and the Town has been using Powell Bill money to match sidewalk grants. She said she hoped they start looking for grants that are a better match or look at some other place to get funding for sidewalks because they can’t keep taking it out of the road money.

Frank Vance, 2302 Ocean Drive, described the pothole situation in the area of 1201 Ocean and Emerald Drive, and the problems he had faced in getting them fixed.

John Grady, 113 Fawn Drive, said he was glad to see they were not bringing in and dumping 10 inches of asphalt where they have stormwater problems. He hoped they wouldn’t be putting anymore asphalt on his street until they get rid of the water.

11. RESOLUTION AUTHORIZING PURCHASE OF NEW FIRE ENGINE

Fire Chief Bill Walker spoke to the Board concerning the attached resolution authorizing the purchase of a new Fire Truck. This is to replace the truck they gave to the Sea Level Fire Department. This will also bring the Town back up to the minimum required standards by ISO.

RESOLUTION AUTHORIZING PURCHASE OF NEW FIRE ENGINE

Whereas, the addition of a new Fire Engine is necessary to enhance the Town’s fire suppression capabilities, and

Whereas, the Town is required to have an additional Fire Engine to maintain its excellent ISO rating of “4”, and

Whereas, the Town completed a formal bid solicitation for a new Fire Engine in December 2003, and

Whereas, C.W. Williams, Inc., Rocky Mount, NC, was the lowest responsive bidder with a total bid of $346,986, and

Whereas, the Town Manager is the chief administrative officer of the Town,

Now, therefore, be it resolved by the Board of Commissioners that the Town Manager is hereby authorized to execute a contract with C.W. Williams, Inc., Rocky Mount, NC for a new Fire Engine in the amount of $346,986.

Mr. Rush pointed out to the Board that they had budgeted $350,000 in this years budget, and the budget anticipates financing the cost of the new engine over a five year period. Because of the delay in ordering the truck, and it taking approximately 8 months to receive the truck, they would not actually expend any funds until sometime this fall. He said they have $78,000 included in this years budget to cover the first year of debt service and he recommended they roll that money into next years budget, use that as a downpayment, and then take next years allocation that they had planned on for the debt service, also fold that into the downpayment and finance the balance over a three year period. That financing agreement will be brought to the Board for their approval in the fall. Instead of financing $350,000 in the fall, they will finance $190,000 - $200,000.

Commissioner McElraft commented that in order for the Town to keep the ISO rating of 4 this truck is a requirement. She noted that the Town has the best ISO rating in the county.

Motion was made by Commissioner McElraft to approve the Resolution Authorizing the Purchase of a New Fire Engine.

Commissioner Hedreen mentioned how impressed she was when visiting the Fire Department. She said there was pride of ownership with the equipment in the Fire Department, and told Fire Chief Walker how well this reflected on him and his team.

The Board voted unanimously 5-0 in favor. Motion carried.

12. RESOLUTION SUPPORTING POST-LABOR DAY SCHOOL START

Town Manager Frank Rush stated that at the request of Commissioner McElraft he drafted a resolution supporting ongoing efforts to secure legislation mandating that North Carolina school systems begin the annual school year no later than the Tuesday following Labor Day. He said that approximately 92% of the school

systems in North Carolina now begin school prior to August 12, and this nearly eliminates the month of August for family vacations. This has a tremendous economic impact on the tourism economy throughout North Carolina and Emerald Isle. The post-Labor Day school start has widespread support among the Emerald Isle business community. He noted that the Board also had in their packets information about SOS(Save Our Summers) North Carolina. This resolution is being presented for the Boards approval.

RESOLUTION SUPPORTING POST-LABOR DAY SCHOOL START

Whereas, tourism is a major component of the North Carolina economy, particularly in resort areas such as the mountain and coastal regions, including Emerald Isle, and

Whereas, the annual school start date in North Carolina has a significant economic impact on tourism, and

Whereas, the annual school year historically began after the Labor Day holiday, thereby providing quality family time for summer vacations throughout the warmest months of July and August, and

Whereas, approximately 92% of North Carolina school systems now start the annual school year between July 30 and August 12, thus eliminating most if not all of the month of August for family travel plans, and

Whereas, the number of North Carolina school systems implementing earlier start dates continues to increase, and

Whereas, the month of August is a more economically critical month of the summer tourism season than the late May and early June time periods that are available with an earlier school start date and end, and

Whereas, the timing of the annual school start date also has a direct impact upon the ability of employers to hire high school students and school teachers for summer employment, and

Whereas, SOS North Carolina, a volunteer coalition of parents, grandparents, education professionals, and others seeking to restore a more traditional school calendar for elementary and secondary schools, is actively engaged in a campaign to encourage the Governor and the North Carolina General Assembly to enact legislation requiring local school systems to schedule the first day of classes no earlier than the Tuesday following Labor Day, and

Whereas, SOS North Carolina advocates only a change in the annual school calendar dates, and not a reduction in the number of instructional days, and

Whereas, many other states competing for tourism business on the eastern seaboard of the United States start the annual school year after Labor Day,

Now, therefore, be it resolved that the Emerald Isle Board of Commissioners hereby supports the enactment of statewide legislation requiring local school systems to schedule the first day of classes no earlier than the Tuesday following Labor Day, and encourages the Governor and General Assembly to enact such legislation in the 2004 legislative session.

Be it further resolved that the Emerald Isle Board of Commissioners supports the efforts of SOS North Carolina, and encourages all Emerald Isle residents, property owners, and visitors to contact their representatives in the North Carolina General Assembly to indicate support for such legislation.

Ronnie Watson, 9102 Coast Guard Road, encouraged the Board to look at this very seriously. He said last year they spent a lot of time with the General Assembly talking to our State Senators,and Legislators, about this. Mr. Watson

said they had a lot of support. He said they won in the Senate Education Committee, but on the Senate floor it was pulled because a lot of counties decided to opt out of starting schools after Labor Day, and this weakened the bill. He felt if they can get schools to start the first Tuesday after Labor Day they could generate an extra $200 - $300 million in sales tax revenue. He said that a group of parents and business leaders throughout the state started the SOS. (Save our Summers, Save Our Schools), and mentioned the website address www.saveoursummers.com. He said this also affects kids who want summer

jobs to supplement their income. He added this is not just a tourist issue, it’s jobs, raising additional income for our State. He hoped they could help get the word out and appreciated the support.

John Grady, 113 Fawn Drive, said being a former principal, they never started school before Labor Day. He supported what Mr. Watson said and felt no reason for not starting school after Labor Day. He hoped the Board would support this.

Commissioner McElraft said she would like for the Town to link our website to the SOS website to show what SOS is all about.

Motion was made by Commissioner Wootten to adopt the Resolution Supporting a Post-Labor Day School Start. The Board voted unanimously 5-0 in favor. Motion carried.

13. AMENDMENT TO COASTAL PLANNING & ENGINEERING CONSULTING CONTRACT FOR BOGUE INLET CHANNEL EROSION RESPONSE PROJECT

Town Manager Frank Rush advised the Board that they are asked to consider an amendment to the Town’s contract with CPE (Coastal Planning & Engineering) for an additional $100,000 of compensation for additional work already invested in the Draft EIS and associated appendices (the Biological Assessment, the Essential Fish Habitat evaluation, and the cumulative Impacts Assessment), additional printing costs for the Draft EIS and Final EIS, and for additional work anticipated to complete the EIS process and secure the necessary permits. CPE had originally requested $250,000 for this amendment, however, negotiations with CPE have yielded a revised contract amendment request of $100,000.

Mr. Rush said they are certainly not pleased to be providing additional funds for this work, however, they are under a very tight schedule to get this project permitted, designed, and constructed beginning in November of 2004, and suggested that this additional money will help the Town achieve that goal.

Mr. Rush said the Board is also asked to consider a capital project budget ordinance amendment to provide funding for this contract amendment. The remaining project contingency of $70,000 would be used for this purpose, and the construction budget would be reduced by approximately $30,000.

Mr. Rush pointed out that in order to stay on track, CPE had advised that they need to start work on the final design, plans and specs, in the next couple of months. He said that was a component of the original contract, the cost associated with that approximately $67,000, but that had not yet been authorized by the Board of Commissioners, but they would be coming to the Board for authorization to start that work in the next couple of months.

RESOLUTION AUTHORIZING CONTRACT AMENDMENT –

COASTAL PLANNING & ENGINEERING CONSULTING CONTRACT FOR

BOGUE INLET CHANNEL EROSION RESPONSE PROJECT

Whereas, Coastal Planning & Engineering (CPE) has requested additional compensation in the amount of $250,000 for work on the Bogue Inlet Channel Erosion Response Project Environmental Impact Statement (EIS), and

Whereas, the Town has negotiated with CPE to reduce the amount of additional compensation to $100,000, and

Whereas, the additional $100,000 of compensation will result in a total authorized contract amount of $862,100 for work on the Bogue Inlet Channel Erosion Response Project EIS, and

Whereas, the Town has a firm expectation that CPE will complete the EIS and secure the necessary federal and state permits to enable construction of the project in the winter of 2004-2005, and

Whereas, the Town has a firm expectation that CPE will complete this work for the amount specified in the contract and the subsequent contract amendments, and

Whereas, the Town Manager is the chief administrative officer of the Town,

Now, therefore, be it resolved by the Board of Commissioners that the Town Manager is hereby authorized to execute a contract amendment with Coastal Planning & Engineering in the amount of $100,000 for additional work and expenses associated with the Bogue Inlet Channel Erosion Response Project Environmental Impact Statement.

TOWN OF EMERALD ISLE
CAPITAL PROJECT BUDGET ORDINANCE
BEACH NOURISHMENT - WESTERN PHASE

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 9, 2002 for the Beach Nourishment - Western
Phase project:
	Amended Budget	Amendments	Amended Budget
	(May 13, 2003)	(February 10, 2004)	(February 10, 2004)
Revenues
General Obligation Bond Proceeds	5,040,000		5,040,000
Transfer from Beach Nourish Fund	146,856	-	146,856

TOTAL	5,186,856	-	5,186,856

Expenditures
Environmental Studies / Permitting / Engineering	831,400	100,000	931,400
Legal and Miscellaneous	65,000		65,000
Dredge Mobilization	1,000,000		1,000,000
Construction	3,150,000	(29,544)	3,120,456
Construction Administration	70,000		70,000
Contingency	70,456	(70,456)	-

TOTAL	5,186,856	-	5,186,856

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 _____________ , 2004.
		___________________________
Attest:		Arthur B. Schools, Jr., Mayor

_____________________________
Rhonda C. Ferebee, Town Clerk

Commissioner Isenhour said he thought the Town had hired professionals that could anticipate many of the problems that they have run into, and do what was necessary to deal with them. He felt CPE is running back to Emerald Isle for more money whenever they run into adversity. Commissioner Isenhour said the

Town is under a tight work schedule and CPE knows that too. He felt that Mr. Rush had worked out the best possible compromise, particularly in tying it to achieving certain milestones.

Commissioner Messer agreed with Commissioner Isenhour that they keep coming back for more money, knowing that they need it. He thought that CPE was supposed to know what they were doing.

Commissioner McElraft said for clarification that the $271,000 that the previous Board allocated to CPE was because they went from an EA (Environmental Assessment) to a full blown EIS (Environmental Impact Statement). She added that our Town Manager was a very good negotiator to go from $250,000 down to $100,000. Commissioner McElraft asked Mr. Rush if the $67,000 for the design was a firm price or could that change.

Mr. Rush said he hoped they didn’t. He said they are well aware that is the amount they proposed to the Town in May of 2002.

Commissioner Hedreen said she felt it was very offensive that in CPE’s memo they stated they were in a “holding pattern awaiting resolution”.

Motion was made by Commissioner Wootten to approve the Resolution Authorizing a Contract Amendment with Coastal Planning & Engineering. The Board voted unanimously 5-0 in favor. Motion carried.

Motion was made by Commissioner Wootten to approve the Capital Project Ordinance Amendment for the Bogue Inlet/Western Nourishment Project. The Board voted unanimously 5-0 in favor. Motion carried.

14. APPOINTMENT – EASTERN CAROLINA COUNCIL OF GOVERNMENTS GENERAL MEMBERSHIP BOARD

Motion was made by Commissioner McElraft to appoint Mayor Pro-Tem Floyd Messer to the Eastern Council of Governments General Membership Board. The Board voted unanimously 5-0 in favor. Motion carried.

15. COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, AND TOWN MANAGER

There were no comments from Town Clerk.

There were no comments from Town Attorney.

Town Manager Frank Rush pointed out for the benefit of the audience that at the Special Meeting on the stormwater project on January 8, 2004, they talked about expediting two of the pump locations and proceeding with the permitting actions

for the entire project, possibly adding a ninth pump, and possibly making use of the Jerry Cook property at the bend in Coast Guard Road. Moffatt & Nichol is well underway in completing the design work to expedite the construction of those two pumps at Deer Horn Drive, and also at Conch Court. The schedule in the Board packets indicates they expect to award the construction contract in June. Mr. Rush said after talking with Commissioners Wootten and Isenhour he had asked Moffatt & Nichol to put a hold on the overall permitting for a short period of time until these two pumps are constructed, and then tested to see how effective they are in solving the problems in those areas. Mr. Rush wanted the entire Board and the public to be aware of that decision. This information had also been communicated to the local representative on the Clean Water Management Trust Fund Board of Trustees, and he was supportive of the Town’s efforts.

16. COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR

The Board and Mayor welcomed Town Attorney Richard Stanley.

17. ADJOURN

Motion was made by Commissioner Isenhour to adjourn the meeting. The Board voted unanimously 5-0 in favor. Motion carried.

The meeting was adjourned at 7:35 p.m.

Respectfully submitted:

Rhonda C. Ferebee
Town Clerk