TOWN OF NORTH TOPSAIL BEACH
REGULAR BOARD MEETING
March 1, 2007
7:00 P.M.
PRESENT:
Mayor W. Rodney Knowles, Mayor Pro-tem Larry Hardison, Aldermen Richard Farley, Fred Handy, Richard Peters and Daniel Tuman, Bradley Smith, Town Manager, Loraine Carbone, Town Clerk, Robert Kilroy, Attorney
QUORUM:
Mayor Knowles called the meeting to order at 7:00 p.m. in the North Topsail Beach meeting room and declared a quorum present.
INVOCATION:
Alderman Fred Handy gave the invocation.
PLEDGE OF ALLEGIANCE:
The Board of Aldermen and citizens present recited the Pledge of Allegiance.
APPROVAL OF AGENDA:
Alderman Peters moved, seconded by Alderman Handy approval of the Agenda as presented. The motion passed unanimously.
COMMITTEE REPORTS:
Beach Nourishment – Dick Macartney
The beach nourishment committee held its regularly scheduled meeting on February 20th. Gary Rowland gave a thorough review of this board’s February 6th retreat and its discussion relative to Beach Nourishment. The committee was pleased to hear that the process of planning for shoreline protection was something that this board wanted to continue. We were also encouraged that the discussion relative to continuing the contract with C P & E so that the permitting process may be recharged was favorable. As we understood it there is a 4-1 preference for containing the permitting process, however, Mr. Hardison suggested last evening at the Topsail Island Shoreline Protection Meeting that the vote should be recorded as 3-2. As our beach nourishment process is stopped dead in its tracks without professional coastal engineering resources we encourage this board to make it perfectly clear to the town manager that he can reinstate the work plan for C P & E. The agenda that I reviewed prior to this meeting did not have a vote scheduled on the C P & E contract. Even though the December 2006 Board minutes state:
Alderman Peters moved, seconded by Alderman Tuman to defer any decision on where we are going until a later workshop when we can review this issue in more depth. The motion to continue discussions on beach nourishment and pursuing the permit process passed three to two with Alderman Farley and Mayor Pro Tem Hardison voting nay.
Since this is not completely clear it would appear to me that it would be appropriate at the end of my report to confirm by a board vote that it IS THE DESIRE OF THIS BOARD TO RESUME WORK ON OBTAINING PERMITS FOR BEACH NOURISHMENT notwithstanding the fact that final plans and financing are not yet available.
Alderman Farley thought the vote was on the agenda and Manager Smith pulled it. We had said we would stop all spending until the retreat and the vote was to continue discussion and to continue the permitting process. Alderman Farley thought they wouldn’t spend any money until they had later discussions and the intent was clear what Alderman Peters wanted. Alderman Tuman said that the motion he seconded was that they wouldn’t make any changes in beach nourishment at the time including suspending the contract and they would have further discussion at the retreat. Since December, the Town Manager hasn’t spent any money on CP&E.
The only other major decision coming at the retreat that was reported at our meeting was; that the board appointed a “task force” consisting of Mayor Knowles and Manager Smith to solicit outside funding for the purposes of beach nourishment. As we understand this directive is that task force will select other members for the task force as needed, but that our beach nourishment committee does not have to address the money issues unless so communicated to us by Manger Smith.
Regarding the liaison issue with our committee, we have been disappointed that our appointed liaison, Mayor Pro Tem Hardison, has not been active in our meetings and that he has voted against our very existence. To put that contentious issue behind us, we want to say that we feel that Manager Smith can be effective in keeping the proper communication with us as he is a regular attendee at our meetings and is supporting the beach issue by attending the NCBIWA meetings and the ASBPA Coastal Summit in Washington, DC. However, we continue to hope Mr. Hardison will resume his interest in our committee.
Alderman Farley questioned if he was saying that they didn’t want Mr. Hardison on the committee and Mr. Macartney said no, we want him to be active.
At our meeting we reworked our Beach Nourishment Committee Mission and Objectives statement which I will read for the record:
Mission:
To develop plans and evaluate alternatives that will provide shoreline protection and stabilization through beach nourishment. Through these efforts to reduce the potential for storm, wave and erosion related damage to development located along the North Topsail Beach shoreline and to landward aquatic habitats, flora, and fauna.
Objectives:
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To organize and inform our North Topsail Beach, citizens, local, state and Federal elected officials on the value and importance of beach nourishment and dune restoration and protection.
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To assist obtaining Federal, state, and county assistance and funding to further Beach Nourishment and Renourishment.
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Coordinate with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service and Topsail Island Officials in Shore Protection and Stabilization Projects.
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To seek new beach nourishment technologies.
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To actively research and recommend programs and projects to the Board of Aldermen of North Topsail Beach.
The areas of change from our previous charge was to reduce our role in obtaining funding as in reality that is our elected officials responsibility, and to state that our objective is to prepare and recommend to the Board which again is the only way that projects and programs can be authorized. Hopefully this is an improvement but we will certainly consider input from the board as to our activities.
Before ending my remarks I want to thank the members of this board, and town staff, as well as members of our committee, that attended last week’s meeting in Pine Knoll Shores of the North Carolina Beach Inlet and Waterways Association. Although I did not attend I understand that some very topical issues were addressed such as efforts to lobby for terminal groins for additional inlet stabilization, the proposal of new CAMA setback lines, and ground water runoff rules. I am certain that these topics will affect our town and will be thoroughly reviewed by the board and staff.
Finally, there has not been any new progress on our joint Federal Beach Nourishment Project but I have been advised that it is likely the Corps will brief us soon on the near shore hard bottom issue and the state agencies suggestions.
Alderman Farley asked who changed what their mandate was and Mr. Macartney noted that it came up that they hadn’t reviewed it in some time and they changed “to assist obtaining Federal, state, and county assistance and funding to further Beach Nourishment and Renourishment” since it didn’t stipulate what their role was. Alderman Farley said the last time the Board had to approve a mission statement and Mr. Macartney stated that he was submitting it now.
Planning Board – Mike Yawn, Chairman:
The Planning Board met 2/8/2007:
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Discussed plans w/ Ginger Booker on updating the zoning ordinances.
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Reviewed proposed town procedures for private bridges. We will revisit this on 3/8/2007.
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Unanimously recommended that the Board of Aldermen approve the updated zoning map at the 3/1/2007 BOA meeting.
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Discussed section 7-271 on minor subdivisions, and the subdivisions in the past that may have violated this part of our ordinance. Divide into … without prior… meets requirements. Some lots have been subdivided that do not meet this.
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Had a request from a non-citizen property owner to amend the ordinances so that a non-citizen property owner could serve on the Planning Board.
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Unanimously approved officers for 2007 (Mike Yawn, Chair; Paul Dorazio, Vice Chair).
The next Planning Board meeting is a 2-part meeting on 3/8/2007. From 5-7 pm we will meet with Ginger Booker on the zoning ordinance. Then at 7pm we will have the normal Planning Board meeting.
The Land Use Plan Committee met 2/8/2007:
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Finished all updates on the draft sections thus far. Holland and Associates are to get updated copies to the BOA, Mayor, and Town Manager.
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The next step is to start the policy sections. This is the most important part of the Land Use Plan.
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Moved our regular meetings to the THIRD Monday of each month; our next meeting is Monday 3-19-2007 at 6:30pm.
Mayor Knowles said that they had concerns with the closing of Highway 172 and he asked Mr. Yawn if he could attend future meetings and Mr. Yawn said he would be glad to attend.
Alderman Farley said he was confused on what was going on with the newer duplexes being built and were there three separate lots since it states the unit only, but do they own underneath and have they created three lots. Miss Hill said they are subdivided into separate ownership and 50/50 share of the lot. They own the land in partnership with the duplex owner. The value of the lot is minimum and the balance of worth is in the unit. Alderman Farley asked if that requires them to meet some sort of standard and Miss Hill said the definition of a duplex is a one hour firewall and a townhouse has to have a two hour firewall separation. Alderman Tuman noted that we have houses that don’t meet the code. It’s a permitted use and the way the tax parcel ID is established assumes a subdivided lot. The big difference between tax parcel and lot requirements are for our ordinance to address. Mr. Yawn said they would have to look at individual deeds and he will work with Ginger Booker on this.
Board of Adjustment:
Miss Hill noted that they reviewed the Charles Harris property at 2802 Island Drive and there was confusion as to additional conditions and that was clarified and the board restated their approval of the variance. The lot was created prior to incorporation and didn’t meet 7-151.
MANAGER’S REPORT:
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Further clarification on Ms. Booker’s scope of work is as follows. She will rewrite chapter 7 concerning zoning issues only. She will not address the sign portion (this is OK) or the sub-division portion of the ordinance (Deb Hill will rewrite the sub-division ordinance with my input and assistance). She will address and all of the mistakes that now exist in Chapter 7 and will incorporate all NC legislative zoning changes required by statute, and any other miscellaneous changes as needed to give the Town a complete and comprehensive and logical zoning ordinance. She has requested from all Planning and Zoning members and Board of Aldermen to provide a list of issues and complaints concerning Chapter 7. She will address these as we go through the process of rewriting the ordinance. I have received some of these from some members but not from everyone. Please, to insure a quality product that everyone can accept, submit your issues immediately to either me or Deb Hill via email. Ms. Booker will be here on the 8th for the P&Z meeting to start the process moving. I anticipate this to last approximately 4-6 months for a finished product for the Board of Aldermen to adopt and put into place. This will then be sent to Municode for codification.
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Addressing the overall issue of codification of existing ordinances that have not been codified is a major concern. I have asked our Town Clerk to get all of the old changes together and get a cost from Municode. I will then either do it this budget if costs are not excessive or budget for the new 2007-2008 budget and get them submitted immediately in July. This will bring us up to date and we will stay on course by submitting changes annually.
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I attended the NCBIWA with several Board members and Beach nourishment Committee members last month. A major concern is the new storm water phase II regulations that are about to come into effect. Deb Hill will rewrite our ordinance to come into compliance with the new rules. Also of concern are the proposed CAMA regulations concerning setbacks and the static line of vegetation. I will be attending the CRC meeting this month to give input and to stay on top of how this will come out.
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I attended the Topsail Island Shoreline Protection Meeting on 27 February. Projects are still on schedule. The Committee will have representatives from Senator Burr’s office; Senator Dole’s office and Representative Jones office attend meetings over the next couple of months to reinforce our position on beach nourishment issues.
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I attended the NC City County Managers Association annual meeting in the Triad from February 7-9. This was an excellent opportunity for me to reconnect with the Managers’ Association and NCSU professors from the MPA program.
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I attended a meeting with the fire department on 3 February. We continued discussing ways to get more volunteers and to get better attendance at fire calls. I will be doing this again this month to continue the dialogue between the fire department and management.
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I attended the Beach nourishment meeting on the 20th. Dick Macartney has already reported on this.
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The Mayors’ meeting was held in Holly Ridge last night. Mayor Knowles, Mayor Pro Tem Hardison, Alderman Farley and I attended. The presentation was given by Mrs. Farley concerning child issues in Onslow County.
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I am attending the national water meeting in DC from March 21st to the 23rd to help in lobbying efforts for beach nourishment assistance from the Federal Government and to lobby for CBRA designation changes. I will be taking a packet containing beach nourishment issues and CBRA issues along with pre-CBRA maps and post CBRA maps to leave with our Congressional delegation. It is my hope to meet with all of NC’s delegation and impress upon them the need for beach nourishment money from the Federal level and to address our CBRA issues that are having a huge impact on our residents in these areas.
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I will be going to Raleigh Tuesday to meet with DOT officials concerning some of the washout areas that now have small bridges over them and the issue of land locked properties. Local DOT officials from Wilmington will be in attendance and I am attending at their request. While in Raleigh it is my intention to meet with Sen. Brown and Rep. Grady to give them copies of our grant application for beach nourishment and to request even more money in the way of legislative direct contributions. This will allow me to have face time with each and to mend any fences from past mistakes.
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I am enclosing a copy of the P&Z Board members and their terms. These new dates will put the staggered terms back in line and correct past inconsistencies with appointments of unexpired terms. The actual date of appointment is not addressed in Chapter 7 and I will correct this short coming with Ms. Booker in the new draft. I feel that May is the time for the terms to run.
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I am enclosing a preliminary calendar for me for the month of March for your info.
Alderman Farley asked the Manager to share with the citizens several situations were people are filling in wetlands. Manager Smith noted that Miss Hill has reported one problem and they will continue to protect our wetlands. Alderman Farley said that they had approved a PRD near the St. Regis and it has come to light that they didn’t own the land. Manager Smith said that one of their consultants said they purchased the land, but they just have a contract on the property which gives them control. They have to put a bigger deposit on the property until they own it. He said they are not requesting that they pull the conditional use and Alderman Farley noted that they presented it that they bought the property. Manager Smith said that the power of attorney gives them control of the property and they will meet all requirements that they made to this Board. Alderman Tuman noted that one requirement of us is to challenge them whether or not they own the land and they chose to develop it. In regard to future applicants does an option to buy satisfy requirements of ownership and Attorney Kilroy said they just have the right to buy. Alderman Tuman said that they would have to meet the new stormwater requirements. Attorney Kilroy said that the manager broke it down to the elements and told them what they had to do and we shouldn’t have any other problems with them. Alderman Handy asked if there were any provisions in filling wetlands and repairing vegetation they cut down and Miss Hill said the Corps or Division of Water Quality would have to address that. She said if anyone sees something that doesn’t look right please let her know.
Alderman Farley questioned the static vegetation line since in the Bond Referendum, the ocean front didn’t want to pay for that and you are saying that residents could put sand on the beach and they will have a million dollar property. Manager Smith said if you go with the static line and you’ve done nourishment and you have natural accretion you could look at that in 5 or 10 years. Mayor Knowles said that he had information on this from the conference.
OPEN FORUM:
Ed Doherty, Old Village Lane said that last November the bond referendum was rejected 8 out of 10 and one reason was that it was too expensive for the town. If we don’t receive outside funding we can’t afford that. Since then you have agreed outside funding is needed and we haven’t received that yet. You are planning on spending more money and he felt the Town should underscore to people in the county and state that we are serious but we have already spent money. The reality is not money spent, but the 79% no vote. If you ask the county and state for help you need to get citizens behind you. Mr. Doherty suggested having a special election and ask the citizens that if we get dollars are you in favor of nourishment. To underscore this, he said he had a petition from 120 citizens not to spend money until we have a new plan which includes funding and technology. We don’t want you to stop investigating alternatives, but until a plan is in place don’t spend the $400,000.00.
CONSENT AGENDA:
The consent agenda consisted of the February 1, 2007 Board Meeting minutes, Department Head Reports, Benefit Accrual Report, Budget vs. Actual, Business Personal Audit Memorandum of Understanding and Surplus Fire Department Equipment.
Alderman Farley requested that the benefit accrual and budget vs. actual reports be put under Old Business d and e.
Alderman Handy moved, seconded by Mayor Pro Tem Hardison approval of the Consent Agenda as amended. The motion passed unanimously.
OLD BUSINESS:
a. Adopt Zoning Map:
Alderman Handy moved, seconded by Alderman Tuman to adopt the revised Zoning Map.
Alderman Farley thought that they would have some amendments and make the changes all at one time because of the issues with the map. Manager Smith noted that Mr. Yawn felt we should get the map done and then the Planning Board will work on the issues. Alderman Handy thought we would approve the map and that it isn’t locked into stone and we could change it whenever we wanted to. Alderman Farley’s concern was that whatever the timeframe may be, we would have a development that we shouldn’t and Manager Smith said he would hold that up administratively.
The motion passed unanimously.
b. Virginia Booker’s Contract – Zoning Ordinances:
The Board reviewed Ms. Booker’s scope of work for the zoning ordinance rewrite. She will not be rewriting the sub-division regulations. Deb Hill has requested to do this rewrite. The Board has already approved the budget amendment that included the amount for this contract. This is the formal acceptance of the scope of work.
Manager Smith noted that the final payment won’t be released until this is adopted. When you adopted the budget amendment you approved it, but he was now bringing it back as a contract.
Alderman Handy moved, seconded by Alderman Tuman approval of Virginia Booker’s Contract to rewrite the Zoning Ordinance.
Alderman Peters asked if there was a method of how she originated the price and Manager Smith said it was based on how long and how many times she would have to come here. Alderman Peters felt that was vague and Alderman Farley asked what the expenses could run. Manager Smith said there would be at least three nights at a hotel.
Alderman Handy amended his motion to put a cap of $25,000 to the contract and when it gets to that point the Manager would have to go to the Board for approving any additional costs. Alderman Tuman seconded the amended motion. The motion passed unanimously.
c. Beach Nourishment Funding Committee Appointments:
Manager Smith said that he and the Mayor had been assigned the task of obtaining outside funding for the beach nourishment project. He felt that they needed to add a couple of others to this committee. His suggestion was to appoint one other alderman, one member from the beach nourishment committee and possibly a member from the Planning and Zoning Board and one citizen at large to aid in this endeavor.
Mayor Knowles recommended Buddy Godwin, Alderman Dan Tuman and Dawn Brannon, V.P. of Bank of America.
Alderman Farley noted that they adopted the policy that no alderman could serve on a committee. Mayor Knowles said this would be an advisory group. Alderman Farley said this is a committee and we don’t adhere to our rules. Manager Smith said this is an Ad Hoc committee. Alderman Handy noted that the policy was just for standing committees. Mayor Knowles said he had the prerogative to do this.
d. Benefit accrual report:
Alderman Farley said he had a concern since comp time has more than doubled, sick time is down and vacation time is up. Manager Smith said there is a heavy work load and officers have to fill in. We need to look at overtime when we start the new budget since comp time is a liability and he would rather pay out when money becomes available.
e. Budget vs. actual:
Alderman Farley noted that the telephone line item was budgeted for $32,000 and we are ¾ into the fiscal year and we have only spent half of it and he did not want to spend the excess somewhere else. Alderman Farley felt there was a weakness in budgeting and Manager Smith said they need to look at historical and technology.
Alderman Tuman said that there were no outstanding items in requests for last year in comparison to actual spending. He felt that Issues like this should be brought to the manager prior to the meeting to have the background information. Alderman Farley felt that people need to find out what is happening to their money. Alderman Peters said that this line item was also based on large mailings that were utilized and mailing has gone up in cost and the budget amount was accurate originally. Also, a Newsletter has not gone out yet.
(Finance Officer Lydia King later explained to the Manager that the State phone bill is always two months behind.)
Mayor Pro Tem Hardison asked if an item was over 100% is that an automatic red flag at this point. Manager Smith said that it depends, i.e. 410-93 employment security has already been spent, but it won’t be spent again. Alderman Farley noted that salaries are at 55% and he thought it would be at 75% and Manager Smith said that some employees haven’t received their raises yet.
Alderman Farley questioned the Beach nourishment line item and asked if the CBRA permits and Coastal Planning & Engineering were additional and if we anticipated spending $400,000 where is the money coming from. Manager Smith said that it was not all spent this year. There was an increase in the southern end for the federal project. It is close to half a million on the southern end. Alderman Farley said the Corps’ cost share on the south end of Town spent $60,000 and we budgeted $200,000. CP&E added in the south end into the project and that is over and we haven’t spent money on CBRA permits.
Alderman Farley said it was inappropriate spending to use contingency funds and it should be allocated to a line item. Manager Smith noted that contingency in each department is discretionary. Alderman Farley said he has read the treasurer’s policy manual and Manager Smith said that he does not look at that and uses the government policy. Alderman Farley said that you cannot pay from the contingency line item and Manager Smith said that could have been used to pay the increase to Attorney Jeff Poley for the bond referendum.
Mayor Pro Tem Hardison said that they talked about this last year regarding the contingency budget. Alderman Tuman noted that what is reflected is what the Board approved. Manager Smith said that he didn’t have the historical data with him. Mayor Knowles said that in the future any questions that need research to please let the Manager know.
NEW BUSINESS:
a. Resolution for Mosquito Control:
Alderman Handy moved, seconded by Alderman Peters approval of the Resolution for Mosquito Control. The motion passed unanimously.
b. Planning/Zoning Board Appointments:
This Board is in need of a regular member and two alternates. At this time, Gary Rowland is a First Alternate and he is interested in becoming a full member. The other applicants are: Thelton Gregory Ludlum and Isaac C. Baker
Manager Smith said that they also need to adopt terms for the members.
Alderman Tuman moved to approve the term expiration schedule and to appoint Gary Rowland to a permanent term expiring May 2010 and approve the two applicants as alternates as submitted, Thelton Gregory Ludlum and Isaac C. Baker. The motion failed for lack of a second.
Alderman Handy said that they are not in a rush to put an alternate in and they could look at possible additional volunteers.
Alderman Tuman moved, seconded by Alderman Handy to approve the terms for the Planning Board Members and to approve Gary Rowland as a permanent member. The motion passed unanimously.
Alderman Tuman requested that the Manager solicit applications.
c. Beach Hole Ordinance Discussion:
The Board had asked Manager Smith to find examples of other Towns’ ordinances that deal with holes being dug on the beach. Samples of ordinances were given to the Board to review. Manager Smith said that after deciding what they would like to see in the new ordinance Attorney Kilroy should be directed to write said ordinance for their approval at the April Board meeting.
Alderman Peters questioned the enforcement of the ordinance and Manager Smith said he would train the police officers.
OPEN FORUM:
Bob Hale asked for clarification and questioned if there had been a vote to spend the $400,000 for CP&E.
MAYOR’S REPORT:
Mayor Knowles asked everyone to support and attend the Inaugural Polar Plunge which will benefit the Special Olympics at Beach Access 2 on Saturday, March 3, 2007.
ALDERMEN’S REPORT:
Mayor Pro Tem Hardison said, in response to Mr. Hale’s question, if we are not going to deal with the CP&E permitting process what is going to happen. Manager Smith said we will not spend any money and this item will be on the agenda next month. He said if they want a grant you have to show you have your plans in place or you don’t get it, it’s a fact. We have already spent 1.2 million dollars.
Alderman Peters asked Manager Smith for an update on garbage and Manager Smith said he would have something next month.
Alderman Handy said he appreciated everyone coming out tonight. He charged the Manager to contact local ministers to do the invocation on a 6 month basis.
Alderman Farley said he was happy that they will add the CP&E item next month but he was not happy with how that happened.
Alderman Tuman noted that he had called the Manager to remove it from the agenda since it was determined we had a contract with CP&E and we would honor that contract so he didn’t see it necessary to have it on the agenda. That was recorded and approved in January. Alderman Farley said it was not his obligation to tell the Manager to take it off. Alderman Tuman said that he asked the Manager to read the minutes of December and the discussion at the retreat.
ADJOURNMENT:
Alderman Handy moved, seconded by Alderman Tuman to adjourn the meeting at 9:04 p.m. The motion passed unanimously.
Minutes prepared and submitted by Loraine M. Carbone, CMC, Town Clerk.