Board Meeting Minutes from May 2007

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TOWN OF NORTH TOPSAIL BEACH

REGULAR BOARD MEETING

MAY 3, 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, Town Manager Brad Smith and Town Attorney Robert Kilroy

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

Mayor Knowles acknowledged Reverend Tom Green and announced that he was moving to Durham and thanked him for attending the Town meetings. Reverend Green then gave the invocation.

PLEDGE OF ALLEGIANCE

The Board of Aldermen and citizens recited the Pledge of Allegiance.

APPROVAL OF AGENDA

Manager Smith requested two additions, under New Business, Item 10. d, Call for Public Hearing for Budget Presentation; and Closed Session for personnel as Item 15. Alderman Handy made a motion to approve as amended. Alderman Tuman seconded and the motion passed unanimously.

COMMITTEE REPORTS

Beach Nourishment – Dick Macartney

Since the board approved the continuation of the C P & E contract at the last meeting we asked Mr. Tom Jarrett of C P & E to attend and speak at our BN committee meeting on April 18^th

We asked him to present our options and to tell us where we are in the permitting process.
Jarrett recapped some of our options and they basically all start with
the data we had to do the entire town beach. The committee consensus was that we need to take one step at a time and that beach nourishment will likely be a several phased approach.

Since the erosion seems to be heaviest at the Northern end of the island and that the shifting inlet is causing much of this Mr. Jarrett spent a great deal of time explaining what was happening and comparing and contrasting our New River Inlet with the Bogue Inlet project that C P & E designed and managed for Emerald Isle. In addition to changing the inlet direction and deepening it we asked him to discuss the desirability of a terminal groin. Although Tom is working on getting that idea accepted by the legislature he stated that is probably 5 years away with positive political
developments. So that brings us back to an inlet project. Costs vary depending on what is done with the minimum figure $5MM and ranging up to $20MM and even more with a terminal groin added to protect it.

Since money is the critical issue before we can develop a starting point or a plan for beach nourishment we are looking for input from the mayor’s task force on financing.

Mr. Jarrett told us that it would probably be the spring of 2008 before any permits would be issued given that we had the six month hiatus. Although I was not able to attend the Project Development Team meeting for our project on April 25^th I understand that was very helpful. There was good direction from the agencies and the Army Corps of Engineers as to changes needed in the Preliminary EIS.

Interestingly there was a request that a section be added outlining the town’s support for the project and the plan for obtaining financing.
So it appears to me that the weight of the future for a privately funded beach nourishment project is squarely on the back of the mayor and his task force. Suffice it to say we need to see an aggressive plan for meetings of this group and an outline of what paths the town is going to pursue for outside financing.

On another front the Topsail Island Shore Protection Committee at its April 24^th meeting elected Alderman Peters to fill the position of Vice Chair caused by the resignation of Alderman Hardison. It is planned that he will succeed to Chairman in January. This committee has recently had presentations by representatives from Sen. Burr and Sen. Dole and has been solidifying federal support for the projects in Topsail Beach and our joint project with Surf City.

Planning Board – Chairman Mike Yawn

On April 12^th met with Ginger Booker the Consultant to assist with planning & zoning sections of the ordinances. The Planning Board reviewed two sections re-writes by Ms. Booker and the PB has one more section to review. The PB reviewed eight rezoning public hearings. The first Rezoning Case #R-07-01 was unanimously recommended for approval. Rezoning Case #R-07-02 was recommended to rezone as CON-D. The PB then reviewed rezoning cases #R-07-03 through #R-07-08 on Goldsboro Lane. These six parcels are zoned as R-10 and were requested to rezone as R-5. The PB unanimously denied these six requests. The next PB meeting is scheduled for May 10^th at 6:30 p.m.

The Land Use Plan meeting was held on April 23^rd and Landon Holland of Holland Associates attended. The policy section of the Land Use Plan was discussed. A topic discussed was the need for more beach accesses for the Federal Project requirement and possibly for the local project in the future. Policy could be adopted that would state if a developer was developing property on the beach that a portion must be assigned as beach accesses. Mr. Holland would draft the policies based upon the previous 1998 Land Use Plan plus the input from the Land Use Plan survey.

Board of Adjustments – Jerry Convy

The Board Of Adjustments met on April 19^th and heard three cases. The first Case #V-07-01 was a request by Scott Linzey for a variance from Sec. 7-129 to allow a swimming pool on a substandard lot. The minimum width requirement is 60’ and his lot is 54.6’. The BOA granted this variance based on staff recommendation.

Case #A-07-05 was an appeal by Attorney Maura Johnson for David Luther who has received a notice of violation issued January 26^th that commercial activities are not permitted in R-15 zoning districts. The Town Attorney determined that Mr. Luther was currently in compliance and recommended that no further action be taken on this case. Manager Smith then added that Mr. Luther had not changed his website advertisement and that he had a call into Attorney Johnson. This issue may have to be brought before the BOA again. The Mayor mentioned that Mr. Luther’s house was a single family residential home and questioned how individual rooms could be rented out. The Manager stated that was a good point and he would look into that issue.

Case #A-07-01 was an appeal by Attorney Joseph E. Stroud, Jr. for Mark Evans concerning Seaside Inn. This case has been continued until this month’s meeting until a determination can be made.

The BOA uses the Zoning Book by Zoning Board of Adjustments of NC as a guideline to grant variances. Mr. Convey talked with David Owens the author of Introduction to 2001 Zoning. Mr. Owens stated that the Town’s ordinances have little instructions concerning procedures and dispositions of cases. The BOA should adopt Chapter 3, the rules of procedures as our guidelines.

Manager’s Report

3 May 2007

I have made several calls to DOT concerning the no parking issue. I finally got in touch with Robert Vause and he directed me to Dan Cumbo, District Traffic Engineer in Wilmington. Mr. Cumbo has not returned my call yet. As soon as I get up with him I hope to work out the logistics of the parking ordinance and have it before the Board next month.
I continue to work with Bass Hampton, Location Manager, with the upcoming motion picture. Everything is going well at this time.
I met with Alan Libby on the 20^th to discuss and brainstorm about the proposed festival. The biggest issue is going to be logistics, specifically parking. We need an area big enough to accommodate the cookers, venders, and crowds and still have somewhere to park. We will have another meeting this month and I urge any Board members to participate.
On Tuesday, May 8^th at 9:00 a.m. NTI, Group will be presenting the reverse 911 system that Surf City has just started using. Lydia has contacted County Manager Lori Brill and requested if we could sit in on the presentation. Lori has graciously agreed to let several of us sit in on this presentation. Lydia and I will be attending. If any Board member or the Mayor wishes to attend, please contact either me or Lydia.
I met with Eddie Baldwin, NTU, Inc. concerning the odor and he has given me a letter stating that the scrubber system is now in place and should be working. Please inform me if you notice any odors.
Gregg Whitehead and I have coordinated the Town Hall day schedule and each of you should have received an email with the schedule. This gives us time to meet with our delegation and voice our concerns over issues that are important to North Topsail Beach. We also want to voice opposition to several bills that the League opposes. Handouts will be given to you in Raleigh at the registration table. The Mayor and I will be staying for the dinner with the Senator Brown and Representative Grady.
Staff and I continue to work on the budget and make revisions where necessary. It will be presented balanced at the next workshop.
Rode the beach yesterday with the Fire Chief and Police Chief to look at beach access points and crosswalks. Thomas Best, Fire Chief pointed out that the crosswalks that come across the dune then stairs split off or are built to an angle. These particular crosswalks make it hard to push sand around. The building code should be examined and possible changed to require that the stairs are built straight out towards ocean.
Land issues continue to take up the majority of mine and Debra Hill’s time regarding plans, reviews and pools.
Letters will be mailed out to property owners that have sand fencing erected incorrectly.

OPEN FORUM

Bob Swantek of 3772 Island Drive commented it was great to notify owners about their sand fencing but the Town has other ordinances that they do not follow. He mentioned the 42 garbage containers on Island Drive and Memorial Day is upon us. If the Town makes ordinances they should enforce them.

Mike Yawn of 207 Tamarix Court urged the Board to place the sales tax windfall from Onslow County into the general fund balance. This money could be used after a hurricane or if the Town is sued. He urged the Board to hold the general fund tax level at ten cents per hundred and to reduce the BN tax to a revenue neutral number.

Victor Schlotter of 100 Bay Court has been a resident for over 4 years and is a contractor. His issues are the lack of consistency with our government and our interpretations of our ordinances and regulations. During the past four years he has seen three different building inspectors for the Town, three zoning, planning & CAMA officers, two secretaries and three town managers. He mentioned that each time there is a turn over with a position that a new hire makes a different interpretation of the ordinances. People rely on the interpretation of the ordinances to make decisions such as whether they want to live in NTB and for investments and to plan their futures. For example someone goes to Town Hall gets the requirements for building on a lot. They then purchase a million dollar lot and proceed with building. Then nine months into the project the Town has a new inspector or CAMA officer that has a different interpretation of the ordinances and states something is not by the code or ordinance and it greatly affects the property owner, the contractor and the community. This is not being consistent nor is it fair and does not support our constituency.

CONSENT AGENDA

The consent agenda consisted of the April 5^th Board minutes, Department Head Reports and Benefit Accrual Report. Alderman Farley requested that the Budget vs. Actual be pulled. Alderman Handy moved that the consent agenda be approved as requested without the Budget vs. Actual. Alderman Farley seconded and the motion passed unanimously.

OLD BUSINESS

Set Date for Second Budget Workshop

The next budget workshop was set for Thursday, May 24^th at 9:00 a.m.

Budget vs. Actual

Alderman Farley stated he was concerned about the way the budget vs. Actual is prepared. On some of the reports money was spent month over month but was not reflected in the monthly column. Plus the Board had decided that no more money would be spent on BN, and then on Feb 19^th $330,000 was spent on BN. The Mayor explained that money was paid out on work previously performed. Manager Smith asked what line item the $330,000 was spent from. Alderman Farley corrected himself and stated it was actually $230,000 spent. The December 1st report reflected $490,000 in expenditures then the February 19^th report there is $721,000 in expenditures. Manager Smith informed him that was for previous work. Alderman Farley commented the Town made expenditures that were never reflected in the month to date column and wonder how that could happen. The Manager stated he would look into this issue with the finance officer and review the reports.

NEW BUSINESS

Call for Public Hearing For Rezoning

Alderman Tuman called for a Public Hearing For Rezoning For June 7^th at 7:00 p.m. Alderman Farley seconded the motion and it passed unanimously.

Discussion of Town Clerk’s Position

The Manager recommended that the Board choose a committee consisting of the Mayor and a couple Board Members, the Attorney or Manager to start the review process of the Town Clerk resumes. Alderman Farley suggested that the Mayor and Board receive a copy of the dozen applicants and choose the top five and interview those. Alderman Handy suggested after that the interviews would commence as directed by the Mayor.

Rewrite and Reorganize Chapter II of Administration of Town Code

The Manager commented that this chapter was lacking in descriptions such as the Mayor and Mayor Pro-Tem. The Mayor explained that when the original ordinances were written, and then supposed to be written into the final book, that the Town still does not have, items were omitted. The Manager suggested that a committee of the Mayor, Two Board Members, Attorney and Manager could rewrite within two or three workshops. The final would be ready for adoption within a couple of months.

Call for Public Hearing

The Manager stated he does not recommend adopting the budget until the end of June during a special meeting in order to achieve the most accurate revenue estimates. Alderman Tuman moved to hold a Public Hearing for the Fiscal Year 2007-2008 during the Board’s Regular June 7^th meeting. Alderman Peters seconded the motion and it passed unanimously.

OPEN FORUM

Mr. Yawn suggested that somehow the public be informed of the Chapter II rewrite workshop and the budget workshops. The Manager stated he would have the information placed on the Town’s website. The Mayor added the workshops should also be listed on the Town’s sign.

ATTORNEY’S REPORT

Attorney Kilroy reported that the Curtis Jackson matter had been resolved and he thought signed off. The Manager commented he thought Ms. Deborah Hill had signed it.

A meeting was held with Mr. Riggs and Mr. Jackson and had him to reconfigure their property. The back section was left undeveloped. The Manager added the back lots were probably unbuildable lots. Mr. Yawn confirmed the property is R-10 in the front and CON-D in the back.

Attorney Kilroy received an amended complaint from property owners near the north-end of Town by Attorney vonLembke’s original suit. It mentions the physical taking, placement of sand dunes onto the property, and an allegation of trespassing. The large document looks intimidating but only 13 pages are related to the legal cause of action. Attorney Kilroy stated the Town would file an answer and he would leave the document with the Manager in case Board members would like a copy.

Alderman Farley asked if the Jackson’s were proposing to build on their land when the Town zoning maps illustrated their property as unbuildable. The Manager stated they were under 2 acres for three lots and they were not to make a road and that is all that town staff reviewed. Attorney Kilroy added a flag was attached to the map.

MAYOR’S REPORT

The Mayor reported that the Manager and he attended a breakfast with Congressman Walter Jones, Jr. in Greenville a couple of weeks ago. After the breakfast they talked with Congressman Jones and he stated there would be federal money allocated for the NRI and beach nourishment, but he will not know how much until late June or in July. Congressman Jones plans to check with Gulf County, Florida regarding their CBRA zone and possibly adding NTB onto their bill.

Senate Bill 1852 has been introduced which allows mining from inlets but prevents the use of inlet material for beach nourishment. The Mayor stated he would obtain more info next week when he attends another meeting in Raleigh.

ALDERMEN’S REPORT

Mayor Pro-Tem Hardison commented that he felt the Board addressed the topics tonight in a reasonable time frame. He thanked everyone for attending the meeting. Alderman Peters addressed the garbage issue and urged the Manager to inform residents and property owners of the garbage ordinance. It is not good to pass an ordinance and then not enforce it, and if the problem is not corrected then the Town should consider adding a fine. The Manager agreed but responded without a fine attached he can not make a difference. He has talked with the real estate association and they are adamantly opposed to anything other than the town paying for the roll back service. Alderman Peters mentioned there are two types of renters; the weekenders and the weekly renters. The Manager believes the weekend visitors should be workable; he is promoting having a neighbor pull back the carts. He included an educational piece within the spring newsletter that was recently mailed.

Alderman Peters addressed Mr. Schlotter’s comment about being consistent. He believes that is the Board’s most important goal to achieve continuity and what Mr. Schlotter is pointing out is the prior failures of previous Boards not being consistent. He believes this Board is striving to correct that issue. The Manager added that the Board has been very supported of him and the staff to try to be more consistent in upholding the interpretation of the ordinances. The Board is looking are rewriting some of the ordinances that there are issues with.

Alderman Tuman stated the Onslow County Commissioners did approve of the sale tax distribution for the cities and municipalities in Onslow County from the per capita method to the ad valorem method. A resolution was passed last month stating that NTB would agree with the other municipalities to soften the blow to the City of Jacksonville by a phase-in process. The City of Jacksonville did not opt for the phase-in process.

ONWASA is planning to replace the service water lines at the north-end of the town. They should start the project towards the end of May and complete within 90 days. DOT plans to resurface the NRI Road after the water lines installation.

Alderman Tuman is on the ONWASA Board of Directors and there has been ongoing concern of being able to provide adequate sewer service for the Town of North Topsail Beach. The sewer company can not add additional sewer capacity. The agreement between ONWASA and the State Utilities Commission stated if the local demand could not be satisfied then another source must be located to assist with meeting that demand.

Alderman Handy mentioned the OC tax distribution and that the Towns of Surf City and NTB did not like the five year phase in and phase out programs. However, we passed them in order to help the City of Jacksonville. He mentioned the tremendous increase in the property values of NTB. However, there is not emphasis on the amount of taxes the NTB property owners will have to pay. North Topsail Beach is contributing large amounts to the County and that is why NTB is asking for a fair distribution of the sales tax.

Alderman Tuman requested that property owners need to understand how the benefit of from an ad valorem sales tax distribution works. It could be explained on the Town’s website or the next newsletter. There were cautions from Onslow County Commissioners; if the money is used for tax relief as opposed to real requirements for the community then the following year OCC would have to rethink the tax method distribution. There are numerous tax payers complaining about the tax burdens. The needs within the community must be planned appropriately and met. Alderman Peters requested he would like more information on this matter. The Mayor stated that would be addressed in the next budget workshop.

Alderman Farley stated there is a lot of talk that everyone wants beach nourishment. The vote outcome was discussed and the districting concept which is actually done many places. On April 17, Nags Head had a vote on a $32 M Beach Nourishment Project. The County had guaranteed that they would pay $8M if the voters passed it. The voters rejected the BN project. The ocean front was to pay .37 cents and the non-ocean front was supposed to pay .05 cents and it was still rejected. He does not believe that there is a lot of support for beach nourishment.

Several years ago the Mayor gave 79 year old Lenore Lanier a certificate of recognition; he had received his bachelor’s degree and then his master’s degree. Alderman Farley received an email notification a couple days ago that Mr. Lanier had passed away. He was a fine gentleman and was a retired marine. On behalf of the Board Alderman Farley offered his condolences to his family. The Mayor added Mr. Lanier was a man of tremendous talents and was an accomplished musician.

In the coming days the North Topsail Shores Baptist Church will move off the island and temporarily meet in Sneads Ferry. Alderman Farley commented it is sad when the town loses a church and thinks the town needs more churches not less.

CLOSED SESSION

Alderman Handy moved to go into a Closed Session for personnel at 8:50 p.m. Mayor Pro-Tem Hardison seconded the motion and it passed unanimously.

OPEN SESSION

Alderman Handy moved to go into Open Session. Alderman Tuman seconded the motion and it passed unanimously.

ADJOURNMENT

Alderman Handy moved to adjourn the meeting at 10:00 p.m. Alderman Farley seconded the motion and it passed unanimously.

Minutes prepared and submitted by Shelia H. Cox, Capital Projects Coordinator.