MINUTES OAK ISLAND TOWN COUNCIL REGULAR MEETING July 14 6 P.M. OAK ISLAND TOWN HALL

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1 MINUTES OAK ISLAND TOWN COUNCIL REGULAR MEETING July 14 6 P.M. OAK ISLAND TOWN HALL Present: Mayor Betty W. Wallace, Mayor Pro Tempore Jeff Winecoff, Councilors Danny Lee Kiser, Jim Medlin, Carol C. Painter and Loman Scott, Town Manager Tim Holloman, Town Attorney Brian Edes and Town Clerk Lisa P. Stites, CMC. Mayor Betty W. Wallace called the meeting to order at 6 p.m. Councilor Loman Scott gave the invocation and led the Pledge of Allegiance to the flag. COUNCIL REPORTS (MAYOR AND COUNCIL) Mayor Pro Tempore Winecoff thanked the Parks and Recreation staff for another wonderful job on Beach Day. He also commented on the large turnout for the Vietnam Traveling Memorial Wall and thanked Bob Racine and Gary Anderson for their efforts to bring it here. Councilor Painter gave an update on the June 18 Brunswick Beaches Consortium. All members were present except for Bald Head Island. The group voted to continue working together, without an agreement, under the name Brunswick Shoreline Protection. Councilor Medlin thanked the emergency services personnel for all their work in the last few weeks. They were very professional and much appreciated. Councilor Scott echoed Councilor Medlin s statements. He also thanked the departments for their efforts in patrolling for illegal fireworks use. Mayor Wallace spoke about the shark attack victims and how they were recovering. The Mayor also praised the Wall s stop on Oak Island. The Mayor also spoke about recent accolades Oak Island had been receiving online. Mayor Wallace also reminded everyone to keep their beach-facing lights off during turtle nest season. The Mayor also explained that the Town had done the bond refinancing process; over the life of the debt, the Town will save $5.42 million. She praised Council and staff for their efforts on the refinancing. The Mayor also gave an update on efforts to reroute a planned design for I-74. She also noted that since January, staff had collected $2.5 to $3 million in past due taxes, assessments and interest. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS 1. Proclamation of Appreciation for the Oak Island Fire and Police Departments Actions: Mayor Wallace read the Proclamation. 2. Proclamation Designating July as Parks and Recreation Month in the Town of Oak Island: Mayor Wallace read portions of the Proclamation. ADJUSTMENT/APPROVAL OF THE AGENDA: Mayor Wallace asked Mr. Edes to explain the changes to the Animal Control contract with Brunswick County. Mr. Edes said one was a clerical error and the other was to insert an indemnification clause. The County staff didn t feel that was needed; Mr. Edes said that as long as the County takes the liability as the employee will be a County employee, the Town would not be liable. Approval of Amended Contract with Brunswick County for Animal Control Services was added to the Consent Agenda. Councilor Painter

2 Page 2 of 6 made a motion to approve the Agenda as amended, Councilor Kiser seconded and the motion passed unanimously. PUBLIC COMMENTS - GENERAL TOPICS & AGENDA ITEMS Judy Reynolds, 216 NE 68 th Street: Ms. Reynolds said that it was brought to her attention that there is no minimum housing ordinance for Oak Island. That means a neighbor can be living in a property with no water or electricity service. She learned that a neighbor was using water and electricity from her property. She filed a report with the Police Department once she realized neighbors were using her outside spigot and her electricity. She praised the job the Oak Island Police Department had done. She declined to press charges, however. She said it was a moral issue and a health issue. Ms. Reynolds asked Council to pass a minimum housing ordinance. She said that property owners were afraid to speak up because of the potential consequences. Answering a question from Councilor Scott, Mr. Holloman said that staff could begin working on a minimum housing ordinance. Betty Hupp, 7916 East Yacht Drive: Ms. Hupp asked that Council deny the requests for release from interest on sewer assessments. When properties are purchased from foreclosure, she said that the purchasers were responsible for the money owed on the properties. She said Council had a fundamental duty to preserve the citizens money. She said that in previous years, all kinds of debts were forgiven and that it needed to stop. She said that everyone should pay what is owed. Steve Foster, 6634 Kings Lynn Drive: Mr. Foster noted that on this date in 1789, French citizens stormed the Bastille, released prisoners and then executed public officials with guillotines. He said we were very fortunate to be living in this day and time. Mr. Foster thanked Council for the stance it took on the Eastern Channel project, though there was opposition to it. Millions of dollars worth of properties were saved. Visitors have a dry place to lay their beach gear without it washing away. The flow of water through the Channel is the best in 30 years. There are more turtle nests on the beach. He also thanked the volunteers who helped plant 15,000 sea oats. He praised Interim Public Works Director George Napier and Beach Ambassador Coordinator Skip Cox for their efforts as well. He also endorsed the idea of the Town creating a shoreline management committee. Beach erosion is the Town s number one problem. Everyone s property values will drop if there is not a beach. He said the final responsibility for caring for our beach rests with the Town. Federal money has dropped and state and local dollars are more difficult to find. He said that God gave us this great gift and that we needed to take care of it. Mary Ann Brewer, 3524 E. Pelican Drive: Ms. Brewer thanked everyone involved for putting the signs up about fireworks being prohibited. She said that there were only a couple if instances the week before the 4 th. There were still some on the 4 th, but they ended before midnight. She said there was a big difference from last year. Mark Pompeii, owner of Oak Island Butcher at 5514 E. Oak Island Drive: Mr. Pompeii said that he owns a butcher shop on Oak Island Drive and he now also sells produce in front of his store. He said that he has trouble with people trying to sell produce from a stand on his property. The man moved, but only to a spot next to the road. When told to move, the man comes back 15 minutes later. Mr. Pompeii said that now the man sets up across the road, actually right against the road. He said the man keeps moving his stuff again because he knows he can get away with it. Mr. Pompeii said he has paid for all his permits, pays sales tax, etc. This merchant takes all his money and none of it comes back to Brunswick County. He said it is difficult to compete with someone who does not have the bills he does. He asked the Town to do something about the situation.

3 Page 3 of 6 Malcolm Morrison, 119 SW 21 st Street: Mr. Morrison said the kayak ramp and walkway at Bill Smith Park was endorsed by the Ocean and Estuarine Access Committee during its work on the plan update. He asked Council to support that. Mr. Morrison said Brunswick County had done a Retail Market and Research Strategic Plan Overview in Sites they looked at were Leland, Supply and Shallotte, and Oak Island mainland as an alternative. REGULAR MEETING: I. CONSENT AGENDA 1. Approval of Minutes a. June 2, 2015 (Public Hearing & Special Meeting) b. June 9, 2015 (Public Hearings & Regular Meeting) 2. Approval of Renewal of Contract with Oak Island Water Rescue 3. Approval of a Resolution Declaring Certain Property Surplus and Authorizing its Disposition (Fire Department vehicles) 4. Approval of a Resolution Declaring Certain Property Surplus and Authorizing its Disposition (Police Department) 5. Approval of Amendment to the Records Retention and Disposition Schedule 6. Approval of Request to Apply for Grant through the Division of Environmental and Natural Resources Environmental Grant Program 7. Approval of Budget Ordinance Amendments a. Appropriate funds received as reimbursement for payment of off-duty police officers b. To transfer funds for the Town s match Beach Access Recycling Program grant 8. Approval of a Resolution Granting the Town Manager Authority to Declare Items Surplus and Authorize Their Disposition (up to $50,000 in value) 9. Approval of Amended Contract with Brunswick County for Animal Control Services Councilor Painter made a motion to approve the Consent Agenda as amended. Councilor Kiser seconded the motion and it passed unanimously. II. ITEMS REMOVED FROM CONSENT AGENDA, IF ANY Approval of Requests to Release Interest on Two Sewer Assessments: Mayor Pro Tempore Winecoff asked if there was title insurance involved and why one of the property owners waited so long to make the request. Tax Collector Linda Harris said that on the Mayer property, the assessment was pending (had not been officially levied) when the property closed. She said she was not sure if there was title insurance. Ms. Harris said that all she can do is present Council with the facts of the case. The property was sold between the times the Town announced the assessment would be levied and when the Town confirmed the assessment for that property; she said she was fairly sure the bill would have been mailed to the incorrect address. For the second request, Ms. Harris explained that the attorney involved in the closing had since been disbarred. She said both assessments (without interest) were paid in full once the property owners were made aware the debt existed. The issue didn t come up until staff began comparing assessment and tax records and noticed the different ownership information. Council had a lengthy discussion about whether the bank or the property owner would be responsible, as well as what responsibility of the Town in giving the citizens notice of the assessments. Mr. Holloman said that Council could approve or deny the request, or could offer to set aside half the interest. Mr. Edes said that requests like these do have to come before Council to be handled on a case-by-case basis and a decision on these would not be setting a precedent. Councilor Painter made a motion to release the interest on these two assessments as stated in the agenda packet. Councilor Medlin seconded. The motion carried 4-1 with Councilors Kiser, Medlin, Painter and Scott in favor and Mayor Pro Tempore Winecoff opposed.

4 Page 4 of 6 III. COMMITTEE APPOINTMENTS 1. Emergency Services Advisory Board: Council unanimously appointed Chris Becker to a term ending June Environmental Advisory Board: Council unanimously appointed Pam O Rourke to a term ending in June Par 3 Golf Course Ad hoc Committee: An application from Chris Becker was withdrawn, as he had asked to be appointed to one committee. Council took a brief recess from 7:16 p.m. to 7:32 p.m. IV. COMMITTEE REPORTS Rosanne Fortner, Beach Preservation Trust Fund Advisory Board: Ms. Fortner said that the group is very busy in the summer. They hosted the corn hole tournament for Beach Day. The second aquarium program of the season was today; there were 85 participants. The final program will be August 11, about fantastic fish. A summer intern is doing programs at the Ocean Education Center for camps, but they are also open to the public (12:30 p.m. on Fridays). More volunteers are needed to help clean trash from the beach, monitor beach accesses, report debris that needs to be removed by Public Works, etc. There is also a need for more doggie bags at the accesses; she asked everyone to help keep the boxes filled with bags. Ms. Fortner also said there are plenty of jobs to do that don t involve actually getting on the beach, such as maintaining a database, working on the newsletter, etc. V. ADMINISTRATIVE REPORTS 1. Town Manager: Mr. Holloman gave Council with a list of areas that need consideration regarding the parking zones. Staff can move at any time to address these items, or Council could review it before any action is taken. He also gave Council a handout on creating a beach and inlet committee. Councilor Painter made a motion to suspend the rules to add creation of the Beach and Inlet Committee as an agenda item. Mayor Pro Tempore Winecoff seconded and the motion passed unanimously. Councilor Painter made a motion to approve the formation of a new Beach and Inlet Committee and to direct staff to advertise for membership on the committee. Mayor Pro Tempore Winecoff seconded and the vote was unanimous in favor. Council will consider the committee charge and applicants at the August meeting. a. Department Reports are attached and hereby made a part of these Minutes. 2. Town Attorney: Mr. Edes said his report would be for Closed Session. VI. OLD BUSINESS 1. Consideration to Proposed Amendment of Sec 18-32, Definition of Building Height: Councilor Painter read the proposed amended definition: Building, height of - means the vertical distance from the average natural grade at the four corners of the structure to the highest point of the structure. She asked Building Codes Administrator Steve Edwards if the Town would then need a new definition for natural grade. Mr. Edwards said there would be some concerns about how that definition would be interpreted. Mr. Edes suggested adding a definition of natural grade. Answering a question from Councilor Medlin, Mr. Edwards confirmed that natural grade could be considered what exists after a lot is cleared and six inches of fill is added. Councilor Medlin also asked if this would not create a problem for low-lying lots. Mr. Edwards asked Council if a proposed definition would need to go to the Planning Board for a recommendation; Council consensus was that it was part of the building height measurement discussion and did not. Regarding a question from the Planning Board Chairman

5 Page 5 of 6 as to whether changing where height was measured height from would violate the mandate that height limits may be changed only by referendum. Mr. Edes said his opinion was that changing where height was measured from would not impact the height limits controlled by referendum. Council discussed whether this new provision should apply to the entire Town or not apply to the wooded section. Councilor Medlin said that he thought there should be a second Public Hearing. He also said he didn t know why this was being discussed; Council should be addressing the issue of fill instead. Councilor Painter said that the Planning Board was also discussing a proposal to limit the amount of fill; Mr. Edwards said that the Board would continue that discussion at its next meeting. Councilor Medlin said that at some point, regulations infringe on personal property rights. Mayor Pro Tempore Winecoff made a motion to defer this item to the August meeting and to schedule a second Public Hearing. Councilor Kiser seconded and the motion passed unanimously. VII. NEW BUSINESS 1. Consideration of Changing Name of Waterway Park to Veterans Park (Mayor Wallace): Mayor Wallace explained that a high school senior had planted six trees in Waterway Park as a school project, along with the help from Parks and Recreation staff. Each tree has a plaque to honor a branch of the military, and citizens had requested that the park be renamed in honor of veterans. Councilor Scott made a motion to change the name of Waterway Park to Veterans Park. Councilor Medlin seconded the motion and it passed unanimously. Mayor Wallace said that putting a flagpole and flags at the Park could also be considered. 2. Consideration of a Resolution Expressing the Oak Island Town Council s Opposition to the North Carolina General Assembly s Proposal in HB 97 to Remove the Historic 1879 New Inlet Dam: Councilor Medlin made a motion to adopt the Resolution Expressing the Oak Island Town Council s Opposition to the North Carolina General Assembly s Proposal in HB 97 to Remove the Historic 1879 New Inlet Dam as presented. Councilor Scott seconded the motion. Councilor Painter said that an informational paper prepared by an engineer was included in the packet. The motion passed unanimously. 3. Consideration of Proposed Code of Ordinance Text Amendment -- Chapter 10 Article II. Privilege License Taxes: Mr. Edwards explained that due to a change in state law, the Town could no longer charge for privilege licenses. He has revised Article II to reflect that change and also to make the regulations regarding itinerant merchants more specific. The ordinance allow itinerant merchants to operate for 48-hour time periods; it was intended to allow them to set up for a weekend at a time. Mr. Edwards explained the difference between itinerant merchants (such as produce stands) and peddlers. Councilor Medlin asked if there had been a lot of complaints about this. Mr. Holloman said that he d heard from citizens on both sides of the issue. Mr. Edwards said he d heard complaints from at least half a dozen merchants, between this year and last year. Councilor Medlin suggested letting itinerant merchants use the soccer fields Tuesday through Saturday. Mr. Edwards said that the Parks and Recreation Department often uses those fields for its programs. Councilor Medlin said he had seen the fields empty many times. Mr. Holloman said that staff could look into designating an area for the merchants. Councilor Medlin acknowledged that there would be days the Town wouldn t allow it (such as Beach Day, etc.) and then the itinerant merchants would then not be allowed on Oak Island Drive or other areas in town. There will be a Public Hearing at the August meeting. VIII. Closed Session: Councilor Painter made a motion 8:22 p.m. to go into Closed Session to Consult with the Town Attorney on Pending and Potential Litigation pursuant to N.C.G.S (a)(3) and (6). Mr. Edes noted that the pending litigation was the Thomes vs. Oak Island lawsuit. Councilor Scott seconded and the motion passed unanimously.

6 Page 6 of 6 Council returned to open session 9:14 p.m. Councilor Medlin made a motion to adjourn at 9:14 p.m. Councilor Kiser seconded, and the motion passed unanimously. ATTESTED: Lisa P. Stites, CMC Town Clerk Betty W. Wallace, Mayor Clerk's Statement: Minutes are in compliance with the open meetings laws. The purpose of minutes per the open meetings laws is to provide a record of the actions taken by a Council or a Board and evidence that the actions were taken according to proper procedures. All actions of the Council are recorded in the official minutes. Not all portions of Town of Oak Island meetings are recorded verbatim in the official minutes, with general discussion items, reports, presentations, and public comments being paraphrased or summarized in many instances. Public comments in writing should be submitted to the clerk via hard copy, electronic mail, or other means so as to ensure an exact verbatim account. The Town of Oak Island provides full coverage of meetings on Government Channel 8 so that the Citizens and the Public may view and listen to the meetings in their entirety.