July 28, 2003
Agenda
July 28, 2003
Minutes
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Town
of Emerald Isle
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Town of Emerald
Isle
The meeting was called to order at 7:00 PM by Chairman Erikson. Members present were: James Craig, Ed Dowling, Frank Erwin, Pam Minnick, Pat Patteson and Joe Quigley. Also attending were Kevin Reed, Planning and Inspections Director; and Carol Angus, Secretary. 3. The minutes of the regular Meeting of June 23, 2003 were approved as written. 4. Chairman Erikson then asked for nominations for Vice-chairman. Ed Dowling nominated Pam Minnick; however, she declined and nominated Pat Patteson. Mr. Patteson was unanimously voted as Vice-chairman. 5. Kevin Reed, Planning and Inspections Director, gave the members an update on the findings and discussion at the Town Board of Commissioners meeting Tuesday, July 8, 2003. He advised of the adoption of the Flood Damage Prevention Ordinance that had been recommended at the June Planning Board Meeting. Mr. Reed advised that the Land Use Plan survey would be mailed out in August to assist the Steering committee in their future consideration. Chairman Erikson then introduced Mr. Joseph Quigley, the newly appointed Planning Board member that filled the vacancy created with the resignation of Art Daniel. Mr. Quigley said he has lived in Emerald Isle since 1987 and gave a brief summary of his background and hoped to be an asset to the Planning Board. Chairman Erikson, referring to June minutes, then asked for an update on the committee that was appointed to review the Stormwater Ordinance as it relates to stormwater plans for subdivisions that require no land disturbance and only lot line delineations. Frank Erwin advised that he, Jim Craig, and Mike Harvey, Planning Consultant, had talked with town staff on this issue. They are planning to contact engineers from other municipalities. Mr. Reed will assist the committee in continuing their review of this issue. Further, from the June minutes, Ms. Erikson asked for the status of the Coastal Area Management Agency (CAMA) representative that has possibly been scheduled for the July meeting. Ms. Angus advised that a CAMA official was not able to attend tonight’s meeting and will attempt to have some representation at the August 25 meeting. Mr. Dowling then referred to a topic that he had brought before the board previously. He asked why the street standards were not being administered in regard to the 3:1 slope required. Mr. Dowling is particularly concerned about the sheeting of stormwater from the Citgo station on the slope entering an leaving the parking lot and he asked that a visit be made to the site to see if the town might implement some sort of ditching or stormwater catch basin for the intersection of Coast Guard Road (north end) and Emerald Dr (Hwy 58). Mr. Reed said he will look into this with Artie Dunn, Public Works Director. Mr. Jane DeLoretto, 205 Marsh Wren, Lands End, then registered some concerns about the flooding in Lands End regarding pumping of stormwater. She wants to see some help prior to a disaster to pump prior to flooding to help with retention once a storm should arrive. She agreed that the town has helped out considerably in the past. Mr. Reed advised the board that this concern will be brought before the new town engineer and Mr. Artie Dunn, Public Works Director. Mr. Patteson said he has looked at the area Mr. Dowling mentioned and finds that the lot is running to the retention area; but the drain at the bottom of the slope seems like a good idea.
Mr. Dowling then referred to
several portions of the ordinance that needed looked at for driveways, as
follows: 18-43 (2)h New Subdivision I.e. driveway for condominiums 14’, one
Mr. Dowling had further drawings to illustrate his findings. 6. Possible amendments to Section 19 of the Town Code to allow for the establishment of businesses specializing in therapeutic massage and acupuncture. Mr. Reed advised the Board the current Massage Parlor ordinance is inconsistent with North Carolina law and feels the ordinance should be repealed in it’s entirety and list massage therapists and acupuncturists in the permitted use table (Sec. 19-82) with doctors, dentists, nurses, podiatrists, etc., as licensed health care professionals. He then asked Ms. Bright Walker, a prospective massage therapist and acupuncturist, to address the Board about this issue. Ms. Walker, 5415 Cedar Tree Lane, gave the board some background on the licensing, education, certifications required, and continued monitoring of an accredited therapist. She does not want to be included with a massage parlor, they are for adult entertainment, and her profession does not deal with this type clientele. The ordinance that Emerald Isle now has in effect was made ineffectual 5 years ago when Governor Hunt signed the present North Carolina law into effect. Ms. Walker answered some questions from the Board regarding licensing. There was some discussion as to whether the massage and acupuncture therapists would be able to operate from their homes and an incidental home occupation. Ms. Walker said that although she intends to operate from an office in the commercial district, she would not want to see such practice not be permitted from one’s home; especially if it were through a separate entrance and did not violate any other regulation within the town. Motion was made by Frank Erwin to recommend to the Town board to repeal the current ordinance in it’s entirety and list massage therapists and acupuncture with medical professionals as Mr. Reed has recommended; second by Pam Minnick with unanimous approval in favor of the motion. 7. Possible amendments to Section 19 of the Town Code, Dunes and Vegetation, in order to address issues related to septic systems. Mr. Patteson made a motion to recommend that a representative from the Carteret County Health Department meet with the board to advise the requirements of their department. After the board is aware of what regulations are necessary it would be more likely to make viable recommendations to the town board for their approval. Mr. Reed said he will try to have someone to represent the Carteret County Health Department at the August meeting. 8. Possible amendments to Section 19 of the Town Code in order to address issues related to the outside display of goods and merchandise in commercial districts. Mr. Reed said he felt that the portion of the ordinance that referred to outside display on public sidewalks did not pertain to these issues, because by his definition, the areas concerned are not public sidewalks but private property. He would have authority if the racks were on town or state right-of-way. Ms. Jane DeLoretto, 205 Marsh Wren Ct., addressed the board of the conditions at Islmorada, at Veranda Square, with the outside display of merchandise on numerous clothing racks. She said it looks like a flea market or bargain basement. The owner at Islmorada had been advised that racks could be placed 5’ on each side of the door; however, these racks run the entire length and width of the store and in some places doubled. She feels appearance is important and some method of control should be implemented. There was a considerable amount of discussion regarding this request with the repercussions of such an ordinance. The ACE Hardware with trashcans, picnic tables, the watering figurines, lawn mowers, etc.; Food Lion with Christmas trees, flowers, seasonal items; the individual stores with their sale items, water toys, flags. Should an ordinance be restrictive enough to prohibit ice machines, water machines, vending machines, newspaper, real estate magazines, etc? There will be quite a wide perspective necessary for the writing of such an ordinance. Mark Brennesholtz, 9322 Ocean Drive, said the Hwy 58 committee had wanted to avoid ‘tackiness’. He does not feel sidewalks are the issue, but pride and attractiveness. He did agree that such an ordinance would not be east to formulate or enforce. Mr. Reed said such an ordinance would be very difficult to enforce, if not impossible. Ms. Doje Marks spoke in favor of regulating such display. Mr. Craig asked Mr. Reed if he might go to other towns for help to which Mr. Reed agreed. Chairman Erikson said she will be happy to assist Mr. Reed in this issue. 9. Development of Policies and Procedures in order to govern the activities of the Planning Board. Chairman Erikson and Kevin Reed with work on a final draft of policies and procedures for the Planning Board and present it to the board in the near future. 10. Comments: Commissioner Marks commented on the issue of the Emerald Plantation Sewage treatment system. It is far in arrears is payment of fines and bringing the plant into compliance with the Health Department. Might a possible bond be initiated to make the necessary repairs? Mark Brennesholtz said this had been a Land Use Plan steering committee discussion. Tax zones had been created for beach renourishment, could such tax zones not be created for these repairs. Funds could be held in escrow to determine costs and continuing function of the system. Bill Reist, Woodcliff Drive, asked that Mr. Reed find out how Nags Head handled this issue. Mr. Patteson, who lives in Emerald Plantation, said this system has been mismanaged for the 13 years he has lived there and he does not feel this is something that should burden the town. Mr. Dowling then asked to read a point of view he had on another issue that had been discussed at a previous Planning Board meeting regarding the length of piers into Bogue Sound. The following is a verbatim transcript of Mr. Dowling’s comments:
“Land Use Plan: The town sound front, and
the Outstanding
Public Trust Waters: are described 15A
NCAC7H.0206, and .0207 A key
All fixed piers MUST be required to be on a
PIER LINE that follows the
12. All property owners have a right to the
use and accesses to waters in
Motion was made to adjourn by Pat Patteson, second by Jim Craig with unanimous approval in favor of the motion. 8:50 PM Respectfully submitted by: Carol Angus,
Secretary
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