November 9, 2004 Agenda
November 9, 2004 & Reconvened November 11, 2004 Minutes

Action Agenda
REGULAR MEETING OF THE EMERALD ISLE
BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 9, 2004
6:00 PM - EMERALD ISLE TOWN HALL

  1. Call to Order
  2. Roll Call
  3. Pledge of Allegiance
  4. Adoption of Agenda
    (Agenda adopted 5-0 vote)
  5. Proclamations / Public Announcements
  6. Consent Agenda
    1. Minutes – October 12, 2004 Regular Meeting
    2. Tax Refunds / Releases
    3. Budget Amendment – General Fund
    4. Resolution Requesting a Two-Year Extension from the Parks and Recreation Trust Fund for the Development of Emerald Isle Woods
    5. Resolution Authorizing Contract Amendment with Coastal Science & Engineering for Bear Island Surveys
    6. Resolution Authorizing Contract Extension with Emerald Isle EMS
      (Consent Agenda adopted 5-0 vote)
  7. Public Comment
  8. Presentation – FY 03-04 Audit Report
    (FY 03-04 Audit Report accepted 5-0 vote)
  9. Rezoning – Certain Residential Motel/Hotel (RMH) Properties to Residential-2 (R-2) – Phase II: Central Emerald Isle
    1. Public Hearing
    2. Consideration of Rezoning
      (Approved 5-0 vote)
  10. Bogue Inlet / Western Beach Nourishment Project
  11. Preliminary / Final Plat – North Beach Subdivision
    (Approved 5-0 vote)
  12. Commercial Review – Boardwalk RV Park Office
    (Approved 5-0 vote)
  13. Commercial Review – Bell Cove Village Commercial Project
    (Approved 5-0 vote)
  14. Bell Cove Townhomes
    1. Preliminary Plat – Land Subdivision
      (Approved 5-0 vote)
    2. Preliminary Plat – Townhome Project
      (Approved 5-0 vote)
  15. Discussion – Length of Mayor’s Term
  16. Comments from Town Clerk, Town Attorney, and Town Manager
  17. Comments from Board of Commissioners and Mayor
    (The Board continued the meeting reconvening on Thursday, November 11, 2004 at 9:00 AM - Town Hall - the Board took no formal actions during the reconvened meeting, and they adjourned the meeting on November 11 at 9:35 am)
  18. Adjourn

MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 9, 2004 – 6:00 P.M. – TOWN HALL

The regular monthly meeting of the Emerald Isle Board of Commissioners was called to order by Mayor Art Schools at 6:00 P.M.

Present for the meeting:  Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Pat McElraft, Floyd Messer, and John Wootten.

Others present:   Town Attorney Richard Stanley, Town Manager Frank Rush, Assistant Town Manager/Finance Officer Mitsy Overman, and Town Clerk Rhonda Ferebee.

Also in attendance:  Chris Bosch, Pittard Perry & Crone CPAs.

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

4.  ADOPTION OF AGENDA

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

5.  PROCLAMATIONS / PUBLIC ANNOUNCEMENTS

Mayor Schools noted the following announcements for the public:

  • Thursday, November 11 – Veterans Day Holiday – Town Hall Closed (Community Center Open)
  • Monday, November 15, 6:00 pm – Special Board Meeting for Coast Guard Road Storm Water Project (tentative) – Town Hall Board Room
  • Monday, November 15, 6:00 pm – Bicycle and Pedestrian Advisory Committee Meeting – Community Center
  • Wednesday, November 17, 9:00 am – Board of Adjustment – Town Hall Board Room
  • November Planning Board Meeting is Cancelled
  • Thursday, November 25 and Friday, November 26 – Thanksgiving Holiday – Town Hall Closed (Community Center closed on Thursday, open on Friday)
  • Saturday, November 27, 4:00 pm – 1st Annual Emerald Isle Holiday Parade – Merchants Park to Town Hall
  • Tuesday, December 14, 6:00 pm – Town Board Meeting – Town Hall Board Room
  • Monday, December 20, 6:00 pm – Planning Board Meeting – Town Hall Board Room (rescheduled from December 27 due to holidays)
Diane Schools, Parade Coordinator, provided an update of the upcoming 1st Annual Emerald Isle Holiday Parade scheduled for Saturday, November 27 at 4:00 pm.  She said the parade entries were very diversified including various types of floats, horses, motorcycles, boats, fire trucks, etc.  She encouraged everyone to spread the word to the public, and remind them of the caroling, tree lighting, Santa, cookies and hot cider which will take place following the parade at Merchants Park.  Mrs. Schools mentioned the ornaments still on sale that could be purchased for the Christmas tree.

Peggy Brown, Co-Chair of the Reforestation / Revegetation Committee stated that the committee encouraged residents to preserve native vegetation.  She said they have a small arboretum at the Western Regional Access designed to demonstrate plants that will survive on the oceanfront with minimal care.  Ms. Brown said they are establishing a garden on the Bogue Banks Water Corporation property across from the Police Station.  She said it is intended to showcase plants that will thrive in the middle of the island away from the ocean spray and salt breeze off the sound.  She noted they had recently received a grant from North Carolina Beautiful for 100 azaleas, and were in the process of planting them.  She said the Town was supplying irrigation equipment and loads of sifted mulch for this project.  Ms. Brown asked for volunteers to help plant in both gardens, and also mentioned the need for 8x8 pilings to finish their planter. 

6.  CONSENT AGENDA

  • Minutes – October 12, 2004 Regular Meeting
  • Tax Refunds / Releases
  • Budget Amendment – General Fund
  • Resolution Requesting a Two-Year Extension from the Parks and Recreation Trust Fund for the Development of Emerald Isle Woods
  • Resolution Authorizing Contract Amendment with Coastal Science & Engineering for Bear Island Surveys
  • Resolution Authorizing Contract Extension with Emerald Isle EMS
Motion was made by Commissioner McElraft to adopt the Consent Agenda.  The Board voted unanimously 5-0 in favor.  Motion carried.

7.  PUBLIC COMMENT

There were no comments from the public.

8.  PRESENTATION – FY 03-04 AUDIT REPORT

Chris Bosch with Pittard Perry & Crone CPAs addressed the Board concerning the FY 03-04 Audit Report.  Mr. Bosch thanked the Board for allowing them to do the audit this year, also thanking Frank Rush, Mitsy Overman and the town staff for having the town records in such good order.  Mr. Bosch noted that the Town received a clean audit opinion this year ending June 30, 2004.  He said that following the opinion in the financial statements the Board would find the Management Discussion Analysis, something new added to the financial statements, which is done to provide additional insight into the management of the town’s finances for the year.  Mr. Bosch then provided a brief summary for the Board of the financial statements.  Mr. Bosch also commended the Town on their excellent levy collection percentage rate of 99.72%. 

Following discussion motion was made by Commissioner Wootten to accept the FY 03-04 Audit Report.  The Board voted unanimously 5-0 in favor.  Motion carried.

9.  REZONING – CERTAIN RESIDENTIAL MOTEL / HOTEL (RMH) PROPERTIES TO RESIDENTIAL-2 (R-2) – PHASE II:  CENTRAL EMERALD ISLE

Town Manager Frank Rush provided an overhead presentation and details of this proposed agenda item.  Mr. Rush stated that the Board is asked to consider the rezoning of all properties between Coquinna Drive and East Summer Place / East Shorewood Drive (with the exception of the large parcels near and including Chapel by the Sea) from RMH to R2.  Mr. Rush stated that the proposed rezoning is consistent with the recommendations in the 2004 CAMA Land Use Plan, and is the second phase of a multi-phase effort to rezone most of the currently zoned RMH properties to R2.  Mr. Rush said this was reviewed by the Planning Board at their October meeting and they unanimously recommended approval of the rezoning.  Mr. Rush pointed out the most significant result of the rezoning would be that condominiums and townhomes, multi-family developments would no longer be permitted in these areas of town. 

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

There were no comments from the public.

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

Motion was made by Commissioner Wootten to approve the rezoning of parcels between Coquinna Drive and East Summer Place / East Shorewood Drive, as indicated on the map presented, from RMH to R-2.  The Board voted unanimously 5-0 in favor.  Motion carried.

10.  BOGUE INLET / WESTERN BEACH NOURISHMENT PROJECT

Town Manager Frank Rush provided the Board and public a brief update on the status of the Bogue Inlet Project.  Mr. Rush said one bid was received from Weeks Marine, Inc. the previous week during bid opening for a total of $9.8 million, obviously more than is available for the project.  He said they are currently talking with three different companies in an effort to achieve this project within an affordable cost for the Town.  Mr. Rush said he felt optimistic at this point.  He noted the positive discussions with both Weeks and two other companies who have since expressed renewed interest in the project.  He said they are also trying to identify additional funds to cover any additional costs associated with the project.  Mr. Rush said the North Carolina Local Government Commission on Monday did approve the use of $2.13 million from the Beach Nourishment Debt Service Reserve Fund to go toward the project.  Mr. Rush said the Board is asked to approve a Resolution he had provided at their places tonight, asking for state funds through the Water Resources Development Grant Program.  Mr. Rush said he hoped to have further clarification within the next week.  He felt if they could have someone under contract by November 30 there should be adequate time to get the project done. 

Motion was made by Commissioner Wootten to approve authorizing the Water Resources Development Grant application.  The Board voted unanimously 5-0 in favor.  Motion carried.

11.  PRELIMINARY / FINAL PLAT – NORTH BEACH SUBDIVISION

Town Manager Frank Rush provided an overhead presentation for the Board for this proposed agenda item.  Mr. Rush stated that North Beach is a simple 4-lot subdivision proposed directly across the street on the sound side from South Beach Subdivision on the eastern end of Town.  Mr. Rush noted the subdivision is located on 2.23 acres, with the applicants proposing 4 lots.  This subdivision simply involves the drawing of lot lines on this tract.   Mr. Rush said the lots range in size from 22,000 to 24,000 square feet, all with sound access, and all served by a driveway connection on Highway 58.  Mr. Rush said this was reviewed by the Town’s Technical Review Committee and the Planning Board with the Planning Board recommending approval by a unanimous vote. 

Motion was made by Commissioner McElraft to approve the preliminary and final plat for North Beach Subdivision.  The Board voted unanimously in favor.  Motion carried.

12.  COMMERCIAL REVIEW – BOARDWALK RV PARK OFFICE

Town Manager Frank Rush provided information to the Board concerning the Commercial Review of Boardwalk RV Park Office.  Mr. Rush stated that the Boardwalk RV Park currently has an office on its oceanfront site, that building is scheduled to be demolished, and additional RV spaces will be added there as approved previously by the Board.  Mr. Rush said the applicant is proposing to build a new office building on Islander Drive directly adjacent to the Town’s Western Regional Beach Access on a .78 acre tract.  They are proposing a 1200 square foot building.  Mr. Rush noted the project was reviewed by the Technical Review Committee and the Planning Board and was unanimously recommended for approval. 

Following general discussion by the Board motion was made by Commissioner Messer to approve the commercial site plan, building elevations, and exterior colors for the Boardwalk RV Park Office.  The Board voted unanimously 5-0 in favor.  Motion carried.

13.  COMMERCIAL REVIEW – BELL COVE VILLAGE COMMERCIAL PROJECT

Town Manager Frank Rush provided an overhead presentation and described the proposed Commercial Review – Bell Cove Village Commercial Project for the Board.  Mr. Rush stated this is a proposed two-building commercial project on the corner of Coast Guard Road and Highway 58 directly across from Reed Drive.  Mr. Rush said this is approximately 2.93 acres, the front portion of a larger 8 acre tract which was the subject of a lot of discussion a few years ago.  Mr. Rush said this portion of the tract is still zoned B-3, and the commercial buildings proposed are permitted use in that district.  Mr. Rush said the back portion which is about 5 acres would be discussed shortly.  Mr. Rush said the applicant is proposing a total of 21,350 square feet of commercial space in two separate buildings.  He said there is a total of 8 units which includes a proposed 3,000 square foot restaurant.  Mr. Rush said the traffic patterns at this site are identical to what was approved by the Board in 2001, with a right turn only off Coast Guard Road, the exit is via a common driveway easement that will serve this parcel as well as the townhome project proposed.  The applicant is also proposing to extend the existing right-turn entrance-only turn lane slightly.  Mr. Rush also pointed out that the applicant had previously contributed funds to the Town to construct a sidewalk along the right-of-way along the entire frontage of the property, and that will be done at the same time as construction occurs.  Mr. Rush said this project was reviewed by the Technical Review Committee and the Planning Board recommending approval by a unanimous vote. 

Applicant Larry Watson, responding to a question by Commissioner McElraft, said that the proposed restaurant would not be the drive-though type of restaurant. 

Commissioner Wootten asked if grading would be done to improve visibility at the exit.  Mr. Watson stated that area would be graded because it is the septic area creating better visibility in that area.

Commissioner Isenhour expressed his continued concerns about the possible traffic gridlock that could occur in the future, and felt that it may need to be looked into at that time.

Mayor Schools felt this was much better than what was envisioned several years ago.

Motion was made by Commissioner McElraft to approve the commercial site plan, building elevations, exterior colors, and lighting plan for the Bell Cove Village Commercial Project.  The Board voted unanimously 5-0 in favor.  Motion carried.

14.  BELL COVE TOWNHOMES

Town Manager Frank Rush provided an overhead presentation and details of this agenda item.  Mr. Rush stated that the Board is scheduled to consider two preliminary plats for the Bell Cove Townhomes Project.  The first being a simple land subdivision of the 5.03 acre tract into two smaller tracts, both tracts being served by the same common drive easement.  This is being requested by the applicant for purposes of the sanitary sewer permits associated with the project.  Second is the preliminary plat for the townhome project, a 22-unit townhome project.  Mr. Rush noted under the Town’s zoning ordinance the maximum density is 8 units per acre, the maximum units allowed being 40.  Mr. Rush said they were pleased to see the lower density nature of this project.  Mr. Rush said this project was coordinated very closely between the Technical Review Committee and was reviewed by the Planning Board at their last meeting.  The Planning Board did recommend approval of this preliminary plat.  Mr. Rush noted that if the Board grants approval of both of these preliminary plats tonight, the project would be constructed, and the final plats would come to the Board upon completion. 

Ken Burnette, Architect of the project, provided an enlarged illustration of the proposed project for the Board to view, pointing out the details.  Mr. Burnette, and John McLean answered questions from the Board concerning septic areas, parking, and heated space of the units.

Motion was made by Commissioner Messer to approve the preliminary plat for the Bell Cove Townhomes land subdivision.  The Board voted unanimously 5-0 in favor.  Motion carried.

Motion was made by Commissioner Wootten to approve the preliminary plat for the Bell Cove Townhomes project.  The Board voted unanimously 5-0 in favor.  Motion carried.

Mayor Schools noted for the Board and the public the artwork in Town Hall at this time provided by local artist Eileen Bailey. 

15.  DISCUSSION – LENGTH OF MAYOR’S TERM

Mayor Schools had requested that the Board discuss the possibility of increasing the length of the Mayor’s term from 2 years to 4 years, effective for the winner of the 2005 mayoral election.  Mayor Schools said that in his experience, whether it is he or someone else, they need to be willing to serve for four years to run for office and be effective.  Mayor Schools stated that the Mayor’s job involves dealing with others in government, and state, mentioning the time it takes to build and establish relationships. 

The following is an excerpt from Town Manager Frank Rush’s memo to the Board concerning this item:

Mayor Schools has requested that the Board discuss the possibility of increasing the length of the Mayor’s term from 2 years to 4 years at the November 9 meeting.  Mayor Schools would like to see the winner of the 2005 mayoral election in Emerald Isle serve a 4-year term.  As you know, the Town currently operates under a system whereby 4 of the 5 Town Commissioners will serve 4-year terms beginning with the 2005 election.

There are 3 methods that can be used to change the Mayor’s term that are authorized in the North Carolina General Statutes.  These methods are summarized below:

  • The Board can adopt a resolution of intent to change the Mayor’s term, schedule and conduct a public hearing, adopt an ordinance changing the Mayor’s term, and then publish a notice of the adoption of the ordinance.  This process could occur over the course of two regularly scheduled Board meetings in Emerald Isle, plus a 10 day period after adoption of the ordinance. 

 

  • The Board can adopt a resolution of intent to change the Mayor’s term, schedule and conduct a public hearing, and then adopt an ordinance changing the Mayor’s term that is subject to a referendum.  A notice must be published prior to the referendum.  This process could occur over the course of two regularly scheduled meetings in Emerald Isle, and then the referendum must occur within 90 days of the adoption of the ordinance. 

 

  • The people may initiate a referendum on a change in the Mayor’s term, provided that 10% of the registered voters sign a petition requesting such.  If such a petition is received, the Board must schedule the referendum to occur not less than 60 days and not more than 120 days from the date the petition is received.  If the referendum is approved, the Board must adopt an ordinance implementing the change.
The Board should note that any change to the Mayor’s term must occur at least 90 days prior to the first election for Mayor to which the 4-year term would apply. 

Following discussion by the Board of the options and procedural steps involved as noted by Town Manager Frank Rush, the general consensus of the Board was to continue consideration of this item, gathering input from citizens through conversation, advertising in the Emerald Tidings newsletter, and via the Town website.

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

There were no comments from the Town Clerk.

Town Attorney Richard Stanley said he didn’t know when dredging would start but there are only approximately 30 property owners who have not signed easements now, out of a beginning number of about 750.  He said the Board had already approved and authorized the filing of the condemnation action, and he felt they should be ready to go by the 15th but thought they would delay until they had a contract. 

Town Manager Frank Rush mentioned that they would open bids for the stormwater project the next day at 10:00 am, and after opening the bids he would like to get the Board together for a Special Meeting or a continuation of this meeting tonight to possibly award a contract for that project or talk about alternatives at that time.  Town Manager Rush said if they continue this meeting if they could include the opportunity to talk about the Bogue Inlet Project.

17.  COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR

Commissioner Hedreen had no further comments.

Commissioner Isenhour had no further comments.

Commissioner Messer had no further comments.

Commissioner McElraft had no further comments.

Commissioner Wootten asked Town Manager Rush if the language would be cleaned up in the AICUZ disclosures.  Mr. Rush said he had provided the Board new disclosure forms as well as a fact sheet that the Planning Department put together.  Mr. Rush said he would put something about this in the next issue of the Emerald Tidings newsletter which would also include the text of the disclosure statements. 

Motion was made by Commissioner McElraft to continue the meeting to Thursday morning at 9:00 am to discuss the stormwater project and to discuss Bogue Inlet.  The Board voted unanimously 5-0 in favor.  Motion carried. 

Meeting recessed at 7:10 pm to reconvene Thursday, November 11, 2004 at 9:00 am.

Respectfully submitted:

 

Rhonda C. Ferebee
Town Clerk

MINUTES OF THE RECONVENED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
THURSDAY, NOVEMBER 11, 2004 9:00 AM – TOWN HALL

The reconvened meeting of the Emerald Isle Board of Commissioners November 9, 2004 meeting was called to order by Mayor Art Schools at 9:00 AM.

Present for the meeting:  Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Commissioner McElraft, Floyd Messer, and John Wootten.

Others present:   Town Manager Frank Rush.

Town Manager Frank Rush discussed the Coast Guard Road Flood Water Project bids which were opened at 10:00 AM on Wednesday, November 10, 2004 noting they were all over the budget established.    Mr. Rush said three bids were submitted with Alternate #1 being the groundwater approach, which was very similar to what they bid last time, with a low bid this time from Thomas Simpson Construction of $547,000.  Mr. Rush stated that Alternate #2 the surface water approach, the low bid was $529,245 which included $5,520 for a spare pump which was added in to the proposal. 

Mr. Rush noted there is a total of $340,000 in the budget this year, and of that $340,000 approximately $15,000 is earmarked for electrical improvements to be done by Carteret Craven Electric Cooperative, so technically there is $325,000 available for this contract. 

Mr. Rush asked for direction from the Board, adding that Tim Reid with Moffatt & Nichol had been talking with Thomas Simpson Construction about identifying items that could reduce the cost on this project. 

(A copy of the complete bid proposal from Thomas Simpson Construction, as well as a copy of the Bid Minutes is attached to and incorporated into these minutes). 

Town Manager Frank Rush and the Board reviewed the bid proposal in detail, and following discussion took no formal action at this time.  It was the general consensus of the Board to schedule a Special Meeting for Saturday, November 20, 2004 at 9:00 AM to discuss and possibly take action on the Bogue Inlet Channel Erosion Response Project and the Coast Guard Road Flood Water Project.  

Commissioner Wootten requested that the revised AICUZ disclosures, along with a cover letter from the Mayor be mailed to those citizens who attended the Public Hearing on October 12, 2004, to make them aware of the revisions made. 

Town Manager Frank Rush updated the Board on the current status of the Bogue Inlet Project. 

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

Meeting adjourned at 9:30 am.

Respectfully submitted:

 

Rhonda C. Ferebee
Town Clerk