March 19, 2001

Planning Board

Town of Emerald Isle Planning Board 
Regular Meeting Minutes 
Monday, March 19, 2001

The meeting was called to order by Chairman, Ceil Saunders at 7:00 P.M.

Members in attendance: Ceil Saunders, Frank Vance, Phil Almeida, Ed Dowling, Art Daniel and new member, Fred Josey. George McLaughlin was excused being out of town. Also attending: Secretary, Carol Angus; Interim Town Manager, Mitsy Overman.

Approval of the Minutes of the February 19, 2001 Regular Meeting. Phil Almeida advised that “highway load” be added to the last sentence in paragraph eight on page three. (A blank previously appeared because this term was not audible for transcription.)

Frank Vance made motion, second by Phil Almeida with the addition of the word “highway”. Vote was unanimous in favor of the motion.

Report from Town Manager – Ms. Overman advised the board that the CVS Drug Store relocation plat had been approved; as well, as the Emerald Hotel with a contingency.

Report from the Building Inspector– Secretary Angus advised the Board that Mr. Taylor had not yet returned from Mocksville, NC where he was taking some of his level 3 certifications for the Inspections Department. She asked if there were any questions regarding the report submitted. The board members said they had no questions, but they do like the new format of the report.


  1. Reed Drive Commercial Park Subdivision of 3-lots at the corner of Hwy 58 and Coast Guard Road.

    Mr. Bill Fanning, represented the W. B. McLean Residuary Trust for this 3-lot subdivision.

    Mr. Dowling asked if there was not a Mayoral committee named to look at this project and that this board is looking at it without the review of that committee. Commissioner Wootten advised that the Gateway Committee will meet at 9:00 a.m. on Tuesday, but that is for the Gateway, not specifically for this piece of property.

    Mr. Dowling is also concerned about swales or buffers being installed to protect the property owners at Quail Ridge Townhomes. He is concerned about the water flow from this property.

    Mr. Almeida wanted to advise there are other items he is interested in to be sure there are not stormwater problems. 

    1. He asked who is going to actually build the road? Response from Mr. Fanning is that the owner will build the road.
    2. Why is the temporary sedimentary basin in the right-of-way and not in the lot? Mr. Fanning replied that he cannot answer that, but it can be moved. There was then some quick review with Mr. Fanning on the map.
    3. He wants to see specific datum elevation of the ground water table, baseline elevation.
    4. Highest seasonable water table elevation.
    5. On south of Reed Dr. the ground is higher. Runoff is going to come off the road to the lots. There is no design for a swale.
    6. There is one area that has water that is land locked within the acreage and does not flow out. They may have been a series of ponds, three or four and three years ago two ponds were filled. The capacity of the ponds to retain water has, therefore, diminished. He wants design to verify that the existing pond(s) will indeed handle the flow of stormwater. Look at the total area.
    7. The 18” pipe with have to handle a lot of silt. How do you intend to trap the silt? There is more detail needed.
    8. There is a diagram of the rock check dam, but he wants to see details. One is 18” the other 3 ½ ‘. Will enough sediment be trapped to keep it from going into the pond?

    Mr. Fanning said he has noted these concerns and will give them to Mr. McLean for addition and explanation for Review Committee.

    The motion was made by Phil Almeida to proceed to the Review Committee for Wednesday, March 21 at 3:00 P.M .; second by Frank Vance with unanimous approval in favor of the motion.

    A party from the audience asked to be able to speak. Chairman Saunders denied this request because of an outrageous attack on the Town Board at their February meeting from a citizen in the audience. She is not going to subject the Planning Board to this type of behavior. The Planning Board is an advisory board and are not required to have public comment. Only those parties with an agenda item will be able to address the board. If there are any questions on an issue, put them in writing and send them to the Mayor for their consideration at the Town Board.


  2. Stormwater Ordinance Revision, Chapter 16 – Mr. Almeida went over each change as it was presented in the revision. (The proposed ordinance, in its entirety, is attached to these minutes with the proposed changes typed in BOLD type). (There is a link available through the website for viewing.)


Motion was made by Ed Dowling, second by Frank Vance to recommend the revised Stormwater Ordinance, Chapter 16 to the Town Board at their next regular meeting Tuesday, April 10, 2001 at 7:00 P.M.

At the conclusion of this motion Mr. Daniel asked that a consideration be given to have a workshop for the Planning Board with representatives available from CAMA, Health Department, NC Department of Environment and Natural Resources, Corps of Engineers, etc. for a session that is related only to the topics that involve Emerald Isle. This will be done as a Special Meeting at sometime in the future. The other members agreed with the suggestion and it will be given consideration.

Also, Mr. Daniel said he felt that no project should come before the board that does not have copies of the State or Federal Agencies Plan or Reports in the original submission. The members felt this was a favorable recommendation. (This policy would delay submission of a project being presented to the Planning Board because they are usually in process during the Town’s review period.)


  1. Recommendations to Town Council from Dr. Phil Almeida
    1. That the Town Council address the NPDES II, at the appropriate time. Motion was made by Mr. Almeida to recommend this issue, second by Ed Dowling, with unanimous approval in favor of the motion.
    2. Mr. Almeida also made the motion that the Town Council put a 90-day moratorium on the filling of any pond or wet land at their April meeting. Frank Vance seconded this with unanimous approval in favor of the motion.
    3. Because a recent survey indicating that the North end of Coast Guard Rd. pavement has encroachments, Mr. Almeida made the motion that the Town Council obtains an easement(s) or obtain a deed to the property for these encroachments. Second by Ed Dowling, with unanimous approval.
    4. Mr. Almeida made the motion that the Town Council explore ways of educating the public the need to maintain ponds to reduce the impact of stormwater. Mr. Josey seconded the motion with unanimous approval in favor of the motion.

      Mr. Ted Williamson, a resident of Lands End, was in attendance and was asked if he would be willing to serve in advising those parties that may have some questions about keeping the ponds clean. He replied “Certainly” with Mr. Almeida’s help.

      Mr. Almeida commented on the plat that had been included with the members packet for the month for West End S/D, Preliminary Plat, in Block 51 North.

      This had been distributed because the Final Plat is being submitted in the near future. However, the majority of the members were not on the Planning Board when this was reviewed and Ms. Angus felt that the members needed this plat in order to make an informed recommendation.

      Mr. Almeida said he felt the Town Council should advise the Planning Board as to whether they would allow a waiver for this plat to be reviewed. Policy and Procedure requires that the Final Plat must be submitted within one year of the Preliminary Plat and a year had past. Ms. Angus advised that she had been informed that this project had been on “hold” because of the Might and Nichols study being done by the town. This property was being considered for stormwater runoff area. Because such consideration does not go through her department, she was not aware that this consideration is no longer the case. Ms. Angus spoke to Mayor Harris about the issue and Mayor Harris said the property is still under consideration for such use and may still be on hold.

      Mr. Almeida said he understood but still wants the Town Council to waive the one-year submission policy. Mr. Dowling said he would like to see the Preliminary Plat to be reviewed again. However, there is no precedent that would force the developer to resubmit when he has already received preliminary approval. Ms. Angus advised that there is a Final Plat Checklist that must be submitted and adhered to. If this board feels that more work is needed in an area that was not properly reviewed previously, simply require that the developer address those issues before he will be able to get a Final Plat recommendation from the Planning Board to the Town Board.

      Art Daniel made motion, second by Frank Vance to adjourn. The motion met with unanimous approval in favor of the motion.

Posted by The Town of Emerald Isle 03/19/2001