December 14, 2004
Agenda
December 14, 2004
Minutes
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Action Agenda |
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MINUTES OF THE REGULAR SCHEDULED MEETING
The regular monthly meeting of
the Emerald Isle Board of Commissioners was called to order by Mayor Art Schools
at 6:05 P.M
_________________________________________________ RESOLUTION AUTHORIZING CONTRACT AMENDMENT WITH COASTAL PLANNING & ENGINEERING FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE BOGUE INLET / WESTERN PHASE BEACH NOURISHMENT PROJECT Whereas, the Town entered into a contract with Coastal Planning and Engineering for consulting services associated with the Bogue Inlet / Western Phase Beach Nourishment Project in July 2002, and Whereas, the original CPE proposal dated May 18, 2002 included construction administration services associated with the project for a total cost of $70,000, and Whereas, the Board of Commissioners has not yet authorized this portion of the Town’s contract with CPE, and Whereas, the Project is ready to begin construction, and the Town desires to retain CPE for construction administration services, Now, therefore, be it resolved by the Board of Commissioners that an amendment to the Town’s contract with Coastal Planning and Engineering for construction administration services is hereby authorized. The total amount authorized for this contract amendment is $70,000, consistent with CPE’s original proposal to the Town. The total contract authorized for all of CPE services associated with the Bogue Inlet / Western Phase Beach Nourishment Project is now $999,600. Any amendments to this contract amount must be authorized by the Board of Commissioners._________________________________________________ Mr. Rush updated the Board with the strategy and schedule for the project, noting their strategy was being reassessed somewhat so that rather than bringing in two dredges, they were leaning toward bringing in one dredge to do the work along with a brand new booster pump that would serve the purpose that the second dredge would have served. Mr. Rush said they thought they could get the project done by March 10. Mr. Rush said he felt they had a slightly better strategy for dealing with the possibility of flow through the new inlet and any potential erosion or scouring associated with the new channel. He said they would start from the sound side, working their way toward the ocean side, but not breaking the channel all the way through until the very end when they get ready to build the dike. Mr. Rush said that dredging should start the 2nd or 3rd week in January, taking about 58 days to get the project done, which Mr. Rush felt still provided a nice buffer between the March 31 deadline. Mr. Rush mentioned that it may become necessary to completely close the western regional access during the construction of the project, noting they are still looking at options at keeping a portion of the access open and would keep the Board informed as things get further along. Commissioner McElraft stated that this was over budget in the beginning because they were bringing in two dredges and she questioned whether the Town would get a credit since they were now bringing in one dredge with a booster. Town Manager Rush responded that he had posed that question to Weeks Marine and this was something that would have to be explored and discussed further with Weeks Marine. Following discussion by the Board motion was made by Commissioner Wootten to adopt the Resolution Authorizing a Contract Amendment with Coastal Planning & Engineering for Construction Administration Services for the Bogue Inlet / Western Phase Beach Nourishment Project. The Board voted unanimously 5-0 in favor. Motion carried. 11. DISCUSSION – LIFEGUARD SERVICES AT REGIONAL BEACH ACCESS LOCATIONS Parks and Recreation Director Alesia Sanderson provided the details of this agenda item to the Board. Ms. Sanderson noted that she had met with Carole and Cameron Warren, the owners of Bogue Banks Beach Gear. Ms. Sanderson stated that Bogue Banks Beach Gear had submitted a proposal for the Board’s consideration that would provide lifeguard services at both of the towns eastern and western regional accesses. Ms. Sanderson said the lifeguards would be on duty, two guards per site, 9 am to 6 pm, and the funding for the salaries would come through Bogue Banks Beach Gear for the opportunity to rent equipment on the beach strand at these locations. Ms. Sanderson said that town staff met to review this and get input from the Town Attorney, which included discussion concerning such issues as liability, workers’ compensation, and these items were addressed in the packet provided the Board. Ms. Sanderson noted they were instructed by the Town Manager to look at the option of providing these services in-house in order to give the Board a clear picture of what would be entailed with each option. Ms. Sanderson said while they are not required to bid this service out, she felt it would be best that they advertise it for any locally interested party, if the Board should choose to go the route of contracted service. Ms. Sanderson asked for direction from the Board. Following discussion by the Board concerning the pros and cons of this proposal the general consensus of the Board was for town staff to seek a proposal from Bogue Banks Beach Gear for the rental of beach equipment only at those locations and not to include the lifeguard services. A public hearing should then be advertised and scheduled for the January 11, 2005 Regular Board Meeting. Jerry Huml, 303 Live Oak Street, noted he used to be on the Board of Directors at Pebble Beach, and they had allowed a firm to rent umbrellas and beach chairs in front of Pebble Beach, which was initially well received. He said when they set up on the beach; they put the umbrellas and chairs closest to the entrance, causing the best part of the beach to be taken up by this gear which caused a lot of irritation. He just mentioned this as something for the Board to consider when looking at a contract. He also mentioned the storage bins used for the equipment being left on the beach becoming an eyesore, as another thing for the Board to work out in the contract. 12. DISCUSSION – BUILDING CODE EFFECTIVENESS GRADING SCHEDULE (BCEGS) RATING Planning Director Kevin Reed spoke to the Board concerning the Building Code Effectiveness Grading Schedule (BCEGS) Rating. To follow for background information is an excerpt from Planning Director Kevin Reed’s memo to Town Manager Frank Rush detailing this topic: Building Code Effectiveness Grading Schedule The Building Code Effectiveness Grading Schedule (BCEGS) is an assessment program conducted by the Insurance Services Office (ISO) in order to assess the building codes in effect in a particular community and how the community enforces its building codes. BCEGS develops a classification for each community which is then used for insurance rating and underwriting purposes. BCEGS encourages the implementation and enforcement of effective building codes, resulting in safer buildings and; hopefully, less damage when a natural disaster occurs. According to the ISO, BCEGS helps communities by:
The implementation of BCEGS began in 1995. ISO evaluates communities on a scale of 1 to 10, with 1 representing exemplary enforcement of a building code. BCEGS is a credit-only program and the credits apply to various ranges of BCEGS classifications. Buildings in a community with a classification of 9 and lower (down to 1) will receive a credit rating. A classification of 10 will receive no credit. Classifications of 1-3 will receive the highest credit. Classifications of 4-9 will receive intermediate credits. BCEGS in Emerald Isle ISO recently completed a reevaluation of its BCEGS rating for the Town of Emerald Isle. Typically, this evaluation and subsequent reclassification is conducted every five years. Prior to ISO’s recent reevaluation, the Town had a BCEGS classification of Class 5 for residential and commercial properties. The Town was recently notified that our classification will regress from a Class 5 to a Class 8. According to the ISO, the principal reason for the regression is the State of North Carolina’s deletion of the wind borne debris provisions in both the International Building Code and the International Residential Code. The revised classification will not affect existing building stock in the Town but would apply to new buildings which receive a Certificate of Occupancy (CO) during or after the calendar year in which the revisions take place. In addition to its function as a credit-only program, the BCEGS rating is also used in establishing the Community Rating System (CRS) score for the Town under the National Flood Insurance Program (NFIP). A community’s CRS rating is important because it has a direct impact on the potential discount a property owner may receive on the purchase of flood insurance through the NFIP. State of North Carolina’s Role in the BCEG Rating As previously mentioned, the lack of wind borne debris protection in the State’s Building Code is the principal reason for the Town’s impending BCEGS regression. ISO considers the International Building Code and the International Residential Code to be the model codes for all communities it evaluates. The State Building Code Council (BCC), when adopting these codes for North Carolina, decided to delete the wind borne debris protection requirements. These requirements essentially require that windows and doors have shutters or other acceptable means of protection against wind borne debris. In the absence of such requirements, the BCC adopted a design pressure rating for windows and doors. The BCC felt that a design pressure rating would offer effective wind borne debris protection. The BCC has been made aware of how the lack of wind borne debris protection has adversely affected the BCEGS rating. It is anticipated that the BCC will address this problem prior to adoption of a revised code in 2006. Impact of BCEGS on Insurance Rates There is a considerable amount of uncertainty as to how, or if, the new Town’s new BCEGS classification will affect the rates for homeowners insurance, including wind and hail policies. The North Carolina Department of Insurance (NCDOI) has acknowledged that it is impossible to tell the significance the change in our BCEGS rating will have on homeowner insurance rates. The potential affect of the Town’s new BCEGS classification on flood insurance purchased through the NFIP is much more certain at this time. The Town has a current CRS rating of 7 which provides for a 15% discount on flood insurance premiums for policies purchased through the NFIP. When the Town’s new BCEGS classification is factored into our CRS rating, the result is a regression from a CRS rating of 7 to a CRS rating of 8. The CRS 8 rating only provides for a 10% discount on flood insurance premiums. However, the Town’s next CRS reclassification will not place until 2007. Therefore, the Class 7 rating, and accompanying 15% discount on premiums, should remain in affect until that time. Changes in the discounts offered for flood insurance premiums under the NFIP would affect all properties covered by such policies. BCEGS Improvement Plan Because of the Town’s impending regression from a BCEGS classification of a Class 5 to a Class 8, the ISO does allow for the development an improvement program to better its BCEGS rating. If the Town does pursue such an improvement program, then the implementation of the Town’s new BCEGS classification will be delayed. ISO has been notified of the Town’s desire to develop such an improvement program and it will need to be submitted to ISO by January 13, 2005. Since the reason for the Town’s BCEGS rating regression is due to the lack of wind borne debris protection in the State Building Code, then it appears that is where our improvement plan should focus its efforts. If you and the Board should concur with this plan, then staff will submit an improvement plan that includes working with the State on the wind borne debris protection issue in hopes of achieving a solution that will not adversely affect the Town’s BCEGS rating. Following discussion by the Board concerning this issue the Board concurred that the Planning Department staff should proceed with their plan as noted by Planning Director Kevin Reed to submit an improvement plan that includes working with the State on the wind borne debris protection issue in hopes of achieving a solution that will not adversely affect the Town’s BCEGS rating. 13. RESOLUTION SUPPORTING PUBLIC WATER ACCESS AT NCDOT BRIDGES Mayor Schools stated that NCDOT is rebuilding bridges, and throughout the county and the state people have been using them as launching sites for kayaking and fishing. Mayor Schools stated that when NCDOT rebuilds the bridges they place a lot of riprap, and Representative Jean Preston is going to introduce a bill that will try to get the Department of Transportation to at least leave the access underneath the bridges free to provide access for kayakers. Mayor Schools noted this may not have an impact here in Emerald Isle, but it will have an effect on the county regarding tourism and the county’s claim of access for kayakers, canoeists, etc. Mayor Schools requested the Board’s support of this resolution. In response to a question from Commissioner Isenhour, Mayor Schools said that the bridges that are rebuilt are having riprap placed in such a way that it makes it impossible to get down to the shore._________________________________________________
RESOLUTION SUPPORTING PUBLIC WATER ACCESS AT NCDOT BRIDGES WHEREAS, areas underneath NC Department of Transportation bridges are often used by kayakers, canoeists, and fishermen, both local and from outside the region, to access our rivers, creeks, and sounds, and WHEREAS, the Town of Emerald Isle supports the recreational paddling and fishing industries, WHEREAS, tourism is a prime economic engine for eastern North Carolina, and the above recreational uses bring significant tourism dollars to eastern North Carolina, and WHEREAS, many municipalities are actively seeking to increase the number of access points to our rivers, creeks, and sounds, and WHEREAS, the NC Department of Transportation will be replacing many of the rural bridges in eastern North Carolina over the next 10 years, and WHEREAS, the placement of boulder rip-rap under these bridges often impedes public access for kayakers, canoeists, and fishermen, and WHEREAS, prudent design of new bridges should include the preservation and expansion of public access opportunities at these locations, NOW, THEREFORE BE IT RESOLVED that the Emerald Isle Board of Commissioners supports any efforts to insure that public access points remain under existing and new NCDOT bridges, and , if possible, to improve the size and quality of the access points currently in existence._________________________________________________ Motion was made by Commissioner Wootten to adopt the Resolution Supporting Public Water Access at NCDOT Bridges. The Board voted unanimously 5-0 in favor. Motion carried. 13.5 ADDITION AGENDA ITEM - RESOLUTION IN SUPPORT OF GRANT APPLICATION FOR ACQUISITION OF LANDS TO PROTECT MCAS CHERRY POINT Town Manager Frank Rush pointed out the last page in his handout on this issue to the Board was a letter from Frank Sheffield of the law firm of Ward & Smith. Mr. Sheffield is working on behalf of the Allies for Cherry Point’s Tomorrow (ACT), and they are asking all of the local communities to approve a resolution supporting this grant application. Mr. Rush said that Clean Water Management Trust Fund’s can be used to purchase sensitive lands near and adjacent to military bases. Mr. Rush said there is a proposal put forth by the Coastal Land Trust that would acquire some parcels of land adjacent to Cherry Point. Mr. Rush said at this point in time there are no specific parcels near or in Emerald Isle that are proposed with this grant application but they may consider parcels in or near Emerald Isle in the future in grant requests._________________________________________________
RESOLUTION IN SUPPORT OF GRANT APPLICATION FOR ACQUISITION OF LAND TO PROTECT MCAS CHERRY POINT WHEREAS, the North Carolina Coastal Land Trust, in coordination with MCAS Cherry Point, has applied to the North Carolina Clean Water Management Trust Fund for a grant to acquire properties in the vicinity of MCAS Cherry Point and its outlying training areas that support the future mission of MCAS Cherry Point, and WHEREAS, protection of land around our military bases from incompatible development is one means of ensuring the continued operational and training capability of military installations located in North Carolina, and WHEREAS, the military contributes over $18 billion annually to North Carolina’s economy and MCAS Cherry Point contributes over $1 billion annually to the economy of Carteret and other nearby counties, and WHEREAS, the Town of Emerald Isle recognizes the importance of the military to our local community and economy and wishes to support measures that will help protect our local base, NOW THEREFORE BE IT RESOLVED, that the Town of Emerald Isle Board of Commissioners supports and endorses the application submitted by the North Carolina Coastal Land Trust, in coordination with MCAS Cherry Point, for grant funds to be used in conserving properties of interest in the vicinity of MCAS Cherry Point and its outlying training areas.
_________________________________________________ Motion was made by Commissioner McElraft to adopt the Resolution in Support of Grant Application for Acquisition of Lands to Protect MCAS Cherry Point. The Board voted unanimously 5-0 in favor. Motion carried. 14. APPOINTMENTS Mayor Schools noted there is one Planning Board vacancy and asked for nominations for that position. Motion was made by Commissioner Messer to nominate Norm Rogers to the Planning Board position. Motion was made by Commissioner Wootten to nominate Ken Sullivan to the Planning Board position. The Board voted on the motion made by Commissioner Messer to appoint Norm Rogers to the Planning Board position. The Board voted 2 - 3, Commissioners Hedreen and Messer in favor. Commissioners Isenhour, McElraft, Wootten opposed. Motion failed. The Board voted on the motion made by Commissioner Wootten to appoint Ken Sullivan to the Planning Board position. The Board voted 3-2, Commissioners Isenhour, McElraft, Wootten in favor, Commissioners Hedreen and Messer opposed. Motion carried. Commissioner McElraft stated that Norm Rogers would be wonderful on the Planning Board had Kenny Sullivan not asked to be on the Planning Board this past year. Commissioner Wootten agreed and said they should convey to Norm Rogers that he would be first up for selection the next time. Commissioner Hedreen said that she felt you should look at the pool of applicants that you have at the time of the vacancy. She felt if there were alternates on the Planning Board as there are on the Board of Adjustment then absolutely, but it is not set up that way. Commissioner McElraft said at one point the Board had considered adding an alternate position to the Planning Board, and asked about the procedure involved with making this type of change. Planning Director Kevin Reed stated he would look into this issue for the Board. Motion was made by Commissioner Messer to appoint alternate Jerry Stockdale to the Board of Adjustment to serve in a term expiring in May 2006, and to appoint alternate Bob Stanley to the Board of Adjustment to serve in a term expiring in May 2006. The Board voted unanimously 5-0 in favor. Motion carried. Motion was made by Commissioner Messer to appoint John Kilgore as Alternate 1 to the Board of Adjustment to serve a term expiring in May 2005. The Board voted unanimously 5-0 in favor. Motion carried. Motion was made by Commissioner Messer to appoint Pete Wachter as Alternate 2 to the Board of Adjustment to serve a term expiring in May 2006. 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, Town Attorney or Town Manager. 16. COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR There were no comments from the Board of Commissioners or Mayor. 17. ADJOURN Motion was made by Commissioner Isenhour to adjourn the meeting. The Board voted unanimously 5-0 in favor. Motion carried. Meeting was adjourned at 7:10 pm. Respectfully submitted: Rhonda C. FerebeeTown Clerk | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||