VILLAGE OF BALD HEAD ISLAND Regular Meeting December 9, 2005

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VILLAGE OF BALD HEAD ISLAND Regular Meeting December 9, 2005 Councilmembers Present: Mayor Larry Lammert, Mayor Pro Tempore Sayre and Councilmembers Gene Douglas, Art Morris and John Pitera. Staff Present: Village Manager Jon Middleton, Planning Director/Assistant Village Manager Chris McCall, Police Chief Richard Herring, Chief of Emergency Services Chip Munna, Finance Director Shelia Boyd, Building Inspector Stephen Boyett, Public Works Director Ben Liddle, Tax Collector Dawn Reno, Village Attorney Charles Baldwin and Village Clerk Amy Candler recording the meeting. Others Present: Bald Head Island Conservancy Director Suzanne Dorsey, Bald Head Island Limited Director of Communications Joyce Fulton and Hillary Snow with the State Port Pilot. Citizens Present: Brenda & Dana Quanstrom, Don Tillman, King Triplett, Pat Lammert, Richard & Diane Meserias, Brooks Powell, Bob Leisegang, Marianne Link and Dick Johnston. 1. Call to Order/Approval of Agenda Mayor Lammert called the December 9, 2005 Regular meeting to order at 3:00 p.m. Mayor Lammert asked for amendments to the regular meeting agenda. With no changes to the agenda, Councilor Pitera made a motion to approve the agenda as presented. In a voice vote, all voted in favor. (Motion carried 5-0) Cto-300 2. Consent Agenda 2.1 Approval of Minutes November 7, 2005, Emergency Meeting November 11, 2005, Regular Meeting November 11, 2005, Worksession Meeting 2.2 Tax Release Request 2.3 A Resolution Authorizing the Execution and Delivery of an Installment Financing Agreement, A Deed of Trust and Related Documents in Connection with the Refinancing an Outstanding Installment Financing Agreement and the Acquisition of a Water and Sewer System 2.4 A Resolution Providing for Employment of Utilities Employees 2.5 Amend Capital Project Ordinance Village Facilities Construction and Improvements (43) 2.6 Amend the 2005-2006 Fiscal Year Budget Ordinance to Include an Enterprise Fund for Water and Wastewater Services (31) 2.7 Transfer of Budgeted and Available Funds in the General Fund (10) to the Village Facilities Construction and/or Improvements Capital Project Fund (43) 2.8 Transfer of Budgeted and Available Funds in the General Fund (10) for start-up expenses and cash flow prior to first billing date of Village for water and wastewater services

Page 2 of 6 Councilor Douglas made a motion to approve the consent agenda as presented. In a voice vote, all voted in favor. (Motion carried 5-0) Mayor Lammert explained that the consent agenda consisted of minutes from meetings held during the month of November, a tax release request, and various ordinances and resolutions dealing with the purchase of the Utility Company as it relates to the financing and operation of the company. Mayor Lammert added that there is also budget transfer request for the transfer of funds for the purchase of a new generator for the Village Hall. 3. Old Business 3.1 Update on the Purchase of the Utility Company Mayor Lammert reported that the Village is continuing to move forward with the purchase of the Utility Company. He advised that the closing date has been moved to December 30 th to provide for a cleaner cut off and tie up any loose ends in regard to the financing and operation of the Company. He further advised that all of the permits will be transferred by the end of the month. He continued, stating that all of the current Utility employees have accepted their positions with the Village and the Village is also working with Utilities on the transfer of venders. Mayor Lammert added that the Village will run through a mock closing on December 14 th to ensure that there is no additional hold ups at the time of closing. 3.2 Consideration and Approval of the Renewal of the Emergency Transportation Agreement with Bald Head Island Limited Chief Munna explained that the renewal of the emergency transportation agreement with Bald Head Island Limited is the extension of the original agreement for an additional five (5) years. He advised that the emergency transportation agreement allows for medical transport on the ferry system. Councilor Douglas made a motion to approve the Emergency Transportation Agreement. In a voice vote, all voted in favor. (Motion carried 5-0) 4. New Business 4.1 Financial Statements November, 2005 Ms. Boyd reported that during the month of November the Village collected $772,000 in property taxes. She added that Village also collected $4,000 in creek access permit fees and Finistar yielded an average of 4.2% interest on the money the Village has invested with them. Ms. Boyd advised that the main expenditures for the month of November consisted of costs associated with pumping operations, repairs made to the fire truck, and medical cost for the volunteer firefighter s physicals. 4.2 Swearing in of Dawn Reno as the Village Tax Collector At this time, Mayor Lammert introduced Dawn Reno as the Village Tax Collector. He advised that Ms. Reno moved to the Village Administration Staff from the Police Department at the time the previous Tax Collector resigned. Ms. Candler administered the oath of office to Ms. Reno.

Page 3 of 6 4.3 An Ordinance of the Village Providing for the Operation of Water and Sewer Utilities as a Public Enterprise Mayor Lammert explained that the Village is required to have an ordinance in place for the operation of the water and wastewater systems at the time of the purchase. He added that the Village Staff will work to amend the ordinance in the coming months to include all of the details of the operation. Councilor Pitera made a motion to approve the ordinance for the operation of the water and sewer utilities as a public enterprise. In a voice vote, all voted in favor. (Motion carried 5-0) 4.4 An Amendment to the Ordinance of the, Amending the text of Article X, Section 10.4, Item (C)2e, Entitled Regulations Affecting Construction Mr. McCall read the proposed ordinance amendment relating to edging requirements of a driveway apron. He advised that the proposed changes consist of requiring the edging of a concrete apron be a four (4 ) inch by six (6 ) inch wood edging and the edging be required to be installed at all times. Mayor Lammert advised that the Village Council will hold a public hearing on this proposed text amendment at the January 20, 2006 Village Council Meeting. 5. Committee Reports 5.1 Beach Anne Kane In the absence of Ms. Kane, Councilor Douglas reported that the Beach Committee during the month of November was canceled. 5.2 Finance John Knott In the absence of Mr. Knott, Mayor Lammert advised that the Finance Committee met and discussed the financing of the Utility Company. He advised that the Committee agreed with the financial institution and the interest rate of 3.97%. 5.3 Public Safety Bob Leisegang Mr. Leisegang reported that the Public Safety Committee met and tabled all items for future discussion. 5.4 Public Works Joe Ridgeway In the absence of Mr. Ridgeway, Mr. Liddle reported that the Public Works Committee is looking into means of cleaning up the recycle area and ways to keep the gate open during the weekends. 5.5 Transportation Wayne Lambert In the absence of Mr. Lambert, Councilor Pitera reported that the Transportation Committee discussed the reflective paint on the roads and created an opinion poll to insert into the Island Report for citizen thoughts regarding the paint. 6. Monthly Reports 6.1 Manager s Report Manager Middleton Mr. Middleton reported that the Deer Study by Westervelt and Associate is complete and will be available to the public on Monday. He advised that the

Page 4 of 6 Conservancy summer and winter studies will be made public when they become available. He further advised that he is currently in the process of completing the depredation permit from the State for the culling of one hundred fifty (150) deer. Mr. Middleton reported that everything is on schedule for the Creek Dredging Project. He advised that the contractor is scheduled to begin the mobilization process next week with the anticipated dredging to begin around the first week of January. He further advised that there were no problems with the fast track permit. Permission was granted to place the sand on west beach. Mr. Middleton added that the sand would allow for approximately twenty-five (25) feet of sand on the beach. He concurred that the Public Works Department is in the process of removing any beach accesses on West Beach that are in disrepair before the dredging and sand placement process commences. Mr. Middleton reported that the Village Hall continues to receive phone calls regarding the amount of stormwater on the Island. He explained that this area of coastal North Carolina has received 300% more rainfall this summer than usual. He advised that the Village is aware of the problem and is searching for a solution. Mr. Middleton reported that the areas that are still flooded are those that are five (5 ) foot above sea level. Mr. Middleton presented a chart showing the water table and concurred that the chart will be displayed in Village Hall for public viewing. He advised that the Island is looking into placing stationary pumps in various lagoons and installing a hard piping to pump directly to the outfalls to help control future flooding situations. Mr. Middleton further advised that from this point forward all stormwater related phone calls will be directed to him. 6.2 Police Department Chief Herring Chief Herring reported that the Department has currently registered six hundred and twenty (620) golf carts. He advised that the citizens have until December 31 st to renew their registrations. 6.3 Fire/EMS Department Chief Munna Chief Munna advised that the cold and flu season is coming upon us and extra precaution should be taken during this time to prevent unwanted germs from spreading. Chief Munna also reminded citizens whom own wood-burning fireplaces to have their chimney s inspected before firing them up this winter. He further noted that Joey Hill with the Association organizes a chimney sweep every year and anyone that would like to be added to the list will need to contact her. At this time, Mr. Middleton recognized Scott Prange from the Public Works Department for winning the honor of Employee of the Year. Mr. Middleton advised that this award is a special honor because it is voted on by his fellow employees. 7. Comments, Reports an Questions 7.1 Citizens Ms. Link commented that she has been reading in the Wilmington Morning Star about information regarding the Corps of Engineers and channel deepening, she asked the

Page 5 of 6 Council if any member attends the meetings with the Corps of Engineers to address the concerns of the Village. Mayor Lammert advised that he as well as the Village Manager spent the entire day yesterday at the Corps if Engineers meeting. 7.2 Bald Head Association Bob Porter President There were no comments from the Bald Head Association at this time. 7.3 Bald Head Island, Ltd. Joyce Fulton There were no comments from Bald Head Island Limited at this time. 7.4 Mayor and Council The Mayor and Council had no additional comments at this time. 8. Affirmation of Re-Elected Council 8.1 Affirmation of Larry Lammert Ms. Candler administered the oath of office for Village Council to Larry Lammert. Councilor Lammert was re-elected to the Village Council in the November election. 8.2 Affirmation of J. Andrew Sayre Ms. Candler administered the oath of office for Village Council to J. Andrew Sayre. Councilor Sayre was re-elected to the Village Council in the November election. 8.3 Election of Mayor Councilor Lammert opened the floor for nominations of Village Mayor. Councilor Morris nominated Councilor Lammert for the position of Mayor. In a voice vote, all voted in favor. (Motion carried 5-0) Ms. Candler administered the Mayor s oath of office to Mayor Lammert. 8.4 Election of Mayor Pro Tempore Mayor Lammert opened to floor for nominations for the position of Mayor Pro Tempore. Councilor Pitera nominated Councilor Sayre for the position of Mayor Pro Tempore. In a voice vote, all voted in favor. (Motion carried 5-0) Ms. Candler administered the Mayor Pro Tempore oath of office to Mayor Pro Tempore Sayre. 9. Adjourn With no additional items of discussion, Mayor Lammert entertained a motion to adjourn the December 9, 2005 Village Council Regular Meeting. Councilor Pitera made the motion to adjourn. In a voice vote, all voted in favor. (Motion carried 50)

Page 6 of 6 The meeting adjourned at 3:27.m. Approved: Larry Lammert, Mayor Attest: Amy R. Candler, Village Clerk