MINUTES OAK ISLAND TOWN COUNCIL PUBLIC HEARING & REGULAR MEETING December 9, P.M. OAK ISLAND TOWN HALL

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1 MINUTES OAK ISLAND TOWN COUNCIL PUBLIC HEARING & REGULAR MEETING December 9, P.M. OAK ISLAND TOWN HALL Present: Mayor Betty W. Wallace, Mayor Pro Tempore Jim Medlin, Councilors Danny Lee Kiser, Carol C. Painter, Loman Scott and Jeff Winecoff, Town Manager Steve Foster, Town Attorney Brian Edes and Town Clerk Lisa P. Stites, CMC. Mayor 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. PUBLIC HEARING 1 Mayor Wallace said the purpose of the Public Hearing was to receive citizens comments on proposed revisions to Chapter 32 Vegetation. Cindy Johnson, 160 NW 13 th Street: Ms. Johnson said her comments were regarding the memo. She said when an employee writes to the Council, it should be the best writing possible; nouns and verbs should agree. Mayor Pro Tempore made a motion to close the Public Hearing at 6:03 p.m. Councilor Scott seconded and the motion passed unanimously. PUBLIC HEARING 1 ACTION Councilor Painter moved to approve as submitted the amendments to Chapter 32 Vegetation of the Oak Island Code of Ordinances, finding that the amendments are consistent with the following Land Use Plan provisions: Policy 2.A.10: Tree Protection - The Town will encourage the preservation of natural resources including existing tree canopies. The Town recognizes the importance of trees and other existing vegetation to its quality of life, including reducing the amount of urban runoff and protecting water quality by helping filter contaminants from stormwater runoff, and policy to protect mature trees and native vegetation and to reforest and landscape where appropriate; Action 2.A.10.a - The Town will continue to enforce the tree protection and preservation ordinance; Action 2.A.10.b: -The Town will support reducing tree and vegetation loss during development; Action 2.A.10.c - The Town will support reducing damage to trees during construction; Action 2.A.10.d - The Town will support replacing tree and vegetation lost during construction; Action 2.A.10.e - The Town will support planting trees where none exist on appropriate sites; Action 2.A.10.f: The Town will support the maintenance of trees and vegetation remaining after construction is completed of the CAMA Land Use Plan. Councilor Kiser seconded and the motion passed unanimously. COUNCIL REPORTS (MAYOR AND COUNCIL) Councilor Winecoff said it was a wonderful tree lighting and there were great turnouts for that and the parade. Councilor Painter noted that the next meeting of the Brunswick Beaches Consortium was December 11 at Ocean Isle Beach. The public is invited to attend.

2 Page 2 of 9 Councilor Scott said he attended the Fire Department s live burn training exercise this month. He said citizens just take it for granted that the Fire Department will be there when needed. Even though it was only a training exercise, Councilor Scott said he was impressed with the Department s performance. Councilor Kiser complimented the Oak Island Police Department and all those who helped search for two children when they recently went missing. Mayor Wallace said this year s tree lighting was the most heartwarming yet; she complimented all the musical performances and thanked the Parks and Recreation Department for all the hard work that went into preparing all the holiday events. December 18 would be the annual menorah lighting in Middleton Park. Regarding the recent news about the financials of the Brunswick Beaches Consortium, Mayor Wallace said there was an interlocal agreement among the coastal towns and the county and that the Consortium had done a great job in getting support from the state and federal governments. The Mayor also wished everyone a Merry Christmas. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS 1. Presentation on the Eastern Channel Project Moffatt & Nichol: Johnny Martin with Moffat & Nichol said the last time he made a presentation to Council, the firm was working on a master plan. The focus quickly changed with the pursuit of funding available for dredging and navigation projects. Mr. Martin gave a presentation on the Eastern Channel project, a copy of which is attached and is hereby made a part of these Minutes. He hoped that the project would go out for bids by the end of the week. During the presentation, Mr. Martin reviewed aerial photographs of the inlet, and noted there was erosion on the beach at the west end in the 1970s, though it has been stable for the last years. The total project is estimated to cost $3.5 million. The state is providing 50 percent of the cost. Mr. Martin said only a small area of the nourishment would be within the inlet hazard area, and that would be allowed. The Town s commitment would be to maintain the channel; the Town could try to piggyback on the U.S. Army Corps of Engineers dredging projects at the inlet. The Town would also have to monitor the beach. Mayor Pro Tempore Medlin asked if any of the houses compromised were in the Inlet Hazard Area; Mr. Edes noted that during a recent variance hearing at the Coastal Resources Commission meeting, it was a stipulated fact that those houses were not, though they were close. The extreme eastern end of the project is 51 st west, though there is a gap in the project. The current plan is that the sandbags there now to be covered up during the project, though Mr. Martin said they would have to work with the contractors. Regarding the opening and closing of the channel, Mr. Martin said he was not aware of any dredging there; all of that had been done by Mother Nature. Mr. Foster said the Town may have to amend its ordinance regarding noise as most dredging companies work around the clock. Mayor Wallace noted that her priority in this project is getting the Channel dredged. Mr. Martin said he had not reviewed the study for the Holden Beach terminal groin project, though he did not expect it would have much impact on Oak Island s west end. Councilor Painter said that monitoring the effects on Oak Island would be part of that project. Also, the erosion is now approximately 35 feet from West Beach Drive. Mayor Wallace said that power and utilities could be turned off to the rest of the west end if the road erodes. Council took a brief recess from 7:05 p.m. to 7:22 p.m. 1. Presentation on Paid Parking Management Plans a. SP+ Municipal Services: Steve Hernandez, Director of SP + and Bob Kamper, Regional Manager of the Carolinas. Mr. Hernandez reviewed a PowerPoint presentation, a copy of which is attached and is hereby made a part of these Minutes. Councilor Painter questioned why all the beach accesses with actual apparatus would be located on the eastern end of town with none on the western side. Mr. Hernandez said the proposal was geared toward finding a balance between having fewer

3 Page 3 of 9 multi-space stations and the education process for beachgoers. Volunteers could have their license plates registered to not be charged for paring. b. Lanier Parking: Kerry Loomis reviewed a PowerPoint presentation, a copy of which is attached and is hereby made a part of these Minutes. Lanier has partnered with PayLock to provide this proposal to the Town; Matt Silverman with PayLock was also present. Answering a question from Mayor Wallace, Ms. Loomis said Lanier is proposing a three-year contract. Mayor Wallace noted that residents and property owners would be able to use parking decals and not have to pay to park otherwise. Council will discuss paid parking further at the January retreat. ADJUSTMENT/APPROVAL OF THE AGENDA Councilor Scott asked to defer Consent Agenda 2, Approval of Amendments to the Town s Personnel Policy (Shared Leave), to the January meeting. Old Business 1, Consideration of Recommendation for Hiring a Consultant to Prepare a Comprehensive Plan and Unified Development Ordinance, was also deferred to the January meeting. Mayor Pro Tempore Medlin made a motion to approve the agenda as amended, Councilor Scott seconded and the motion carried unanimously. Council took a brief recess at 8:25 p.m. PUBLIC COMMENTS - GENERAL TOPICS & AGENDA ITEMS Helen Cashwell, 3407 E. Yacht Drive: Ms. Cashwell said the Town has known for several years there would be no federal dollars for beach nourishment. She asked why there had been no referendum to see what the taxpayers are willing to commit to these projects. She said that four houses that have been identified in this crises are valued at more than $2 million, and at the current tax rate that would be $8,210 in property tax per year. She asked how the Town could possibly go on without this critical $8,210 in revenue in a $30 million budget. Ms. Cashwell said that staff had calculated the total ad valorem value for the project area at more $56 million as if the entire project were at risk, equating to a $248,453 loss in County property taxes in one year, or more than $2 million over a 10-year period, and that the Town would suffer approximately $1 million in lost accommodations taxes. She said these were good figures to ask some agency for money. She said the Town s plan was to use accommodations tax funds, seek state funding, borrow money and, as a last resort, assess some or all of the citizens for the balance of this without a public hearing or a referendum. Ms. Cashwell said the entire west end is not at risk and so the figures were exaggerated. The Eastern Channel is known to ebb and flow and she said nothing should be done there. She said it was a scare tactic of the worst sort. She also questioned the Town s request for Brunswick County to provide $500,000 in funding for the project when there are other beach towns in the County that might also need assistance. Ms. Cashwell also said that there was a risk to building houses on the beach. Ms. Cashwell also read from a letter to the editor that appeared in the Wilmington Star-News that was critical of a beach nourishment project in North Topsail Beach. She asked Council what would be Plan B. She asked if Council was prepared to obligate the Town in more debt that would be as egregious as the sewer debt and last just as long. As a former Council member and Mayor, Ms. Cashwell said she believed Council members were obligated to honestly answer to the citizens they represent. Reece Simmons, 142 NE 37 th Street: Mr. Simmons said there is a little less than $7 million in property taxes coming into the Town every year. He said the lion s share of that money comes from the beach area and most of them are rental houses. There is also approximately $1.5 million in sales tax revenue that comes to the Town; that doesn t come from the 8,000 residents but rather the thousands of visitors. There is also approximately $1.2 million in accommodations taxes coming to the Town on an annual basis. That comes strictly from rental properties. He said his point is that people come down here to go to the beach, not shop at King s Beachwear or play Jungle Golf. If the Town does not take care of the beach, the lifeblood of the Town will be gone. Without all the money that comes to the Town because of the beach

4 Page 4 of 9 properties, Mr. Simmons said the property taxes would have to be much higher to enjoy the services the Town provides. Bettie Thorne, 2501 E. Beach Drive: Ms. Thorne said she is not unsympathetic with the plight of our neighbors on the West End, but the larger heartbreak is that those people were allowed to build in an area that is so unstable the Army Corps of Engineers declined to put sand there in the last nourishment project. She said there are so many problems with this project that she doesn t think she can list them all in five minutes. She read a quote from the grant contract with North Carolina that states the Town will take responsibility for maintaining the project. She said that means the Town will have to dredge and put sand on the beach forever. The mouth of the channel will need to be dredged every two to six years. She said the engineers have declined to say how much it will cost to do that every two years and they won t answer how long the sand will last. Ms. Thorne said she had asked Council to hold a Question and Answer session. That didn t happen. She said she also asked that the homeowners with homes in jeopardy be asked to move their homes and she does not believe that has happened either. Ms. Thorne said she asked if the Town were pursuing an engineered beach but it seems that is some other project. Ms. Thorne asked if the Town would have to pay back the grant if some future Council decides not to continue the obligation of maintaining the project. She said the engineers are recommending sand be placed at the most unstable area of the beach and they recommended a route of dredging that would fill in the quickest. Ms. Thorne asked if the Town would be required to continually renourish that area if erosion continues in that area. She also questioned what sand would be used, how much it would cost and what money would be used; she said there are no answers. Ms. Thorne asked if all future Councils would be bound by this commitment, or would they have to pay back the grant if they decide to no longer maintain it. She also asked of this was setting a precedent for property owners at the west end to sue the Town to continue the Town to maintain the west end. She said the issue was raised that during the last nourishment project no sand was placed at the west end and that is true, since the Corps declined to put sand on this volatile area. Mayor Wallace noted that the 5-minute time limit had been reached. Cindy Johnson, 116 NW 13 th Street: Ms. Johnson said she was beyond confused by the Eastern Channel project. She said she thought it was part of a bigger master plan but now she understands that it will be a standalone project. On an another issue, Ms. Johnson said she didn t realize that Lanier Parking had been looking at the Town for two years; she didn t realize the Town had been considering paid parking for two years. She said she remembers when the Town was hoping visitors would come to the island to help increase the Town s revenues. Now the Town wants them to pay $10 for parking when they are here. Ms. Johnson said paid parking was a bad idea for a trickle of revenue. Ms. Johnson also questioned the projected revenues from paid parking plans. Margaret Bishop: Ms. Bishop said she was in Colorado being a tourist in a tourist town. She said she received a parking ticket; she had walked by the parking meter. When she paid her fine, she wrote on the paper Welcome to Durango. She said that s not how she wanted to welcome people to Oak Island. Malcolm Morrison, 119 SW 21 st Street: Mr. Morrison said a citizen survey was done in 2006 as part of the CAMA Land Use Plan. He said before we jump into starting another land use plan, there should be another citizen survey. Mr. Morrison reviewed some options the Town could consider and the process that could be used for surveying residents and property owners. He said the goal should be 15 percent participation. Mr. Morrison also recommended beginning some strategic planning for issues such as sea level rise, beach erosion, etc. The Town faces scarce resource availability for funding and sand. Mr. Morrison also reviewed options the Town could consider for handling erosion, such as sea walls, etc. Barry Golub, 665 West Beach Drive: Mr. Golub thanked the police for patrolling the area where homes are at risk. He said many people are walking there, even under the houses. He also thanked the people

5 Page 5 of 9 who run the Town. Mr. Golub said that Ms. Cashwell spoke about four homes, but there are many more at risk. He also said Ms. Thorne lived in a beachfront home that received sand in the last nourishment project which was partially paid for by the property owners on West Beach who did not receive any beach nourishment. He said it was unfathomable to him that people speak at a meeting without the real facts. He reviewed a PowerPoint, a copy of which is attached and is hereby made a part of these Minutes. He said this erosion is a disaster and the Town needs to do something. Property taxes to finance what the Town enjoys come from these houses. He said he had 68 feet of beach when he bought his house 18 months ago; that is all gone. Mr. Golub was granted an additional two minutes to address Council on behalf of his wife. He continued with the Power Point presentation. He said the Eastern Channel project is invaluable to the Town. Amy Kennedy, 121 NE 35 th Street: Ms. Kennedy said she is against paid parking. She said she thinks the second bridge has helped distribute the visitors. She said that she thinks some people are upset because more people are coming to their access. Ms. Kennedy said erosion has always been a problem. Oak Island has not had the money to do nourishment project. She said the 60-plus free-parking accesses that allow people to pick a spot on the beach that is not affected by erosion. She said the two things that make Oak Island attractive are height restrictions and free parking at the beach. Ms. Kennedy said her problem with the $1.7 million the Town would get for the beach nourishment, is how much that would cost the Town in maintaining. She also asked how nourishing one section of beach would affect erosion on the rest of the beach. She also questioned the privacy issues of having it known what vehicles were parked in particular accesses. Ms. Kennedy wondered how people were allowed to build at the Point after the beach was built up again. She said the Town should look at saving everything; everyone should be treated equally. Kelley Germaine, 6610 Kings Lynn Drive: Ms. Germaine said that in 2001 when nourishment was done, she owned two lots. At the time, the assessments were based on acreage. She said she and her husband were charged more than any individual oceanfront property owner. She said they didn t mind, because it was for Oak Island; it was for everyone. She said as she recalled for that nourishment project, it wasn t that they wouldn t put sand at the west end, but rather that there wasn t enough sand to continue to the west end. She also said the homes in danger, and even further west, are not in the Inlet Hazard Area. She said they supported the 2001 project when no one west of Blue Water Point got any sand. She also said it is also important to keep the water clean so fish can thrive. Brooke Rudd, 5075 Glen Cove Drive: Ms. Rudd said she does not envy the Council members and the position they must feel they are in constantly. She said she does not typically comment in a public forum. She said she hoped the Town could avoid a paid parking system. She also hoped the Town could continue to research and gather more information. She said that it would be a burden to visitors to ask them to pay to park when they have been driving for possibly two days to get here. She said she hears all the time how much people love to come to Oak Island. She asked if the instant gratification was warranted in the big picture. Donna Atherton, 4134 Vanessa Drive: Ms. Atherton sells real estate. She said she also hears from visitors how much they like Oak Island. She is also concerned about paid parking. She owns a business on Oak Island and she is concerned that small businesses will be hurt because people won t come back once they have to pay to park. Ginny Campbell, 6602 Kings Lynn Drive, written comments provided as follows: We have a calamity on the west end of Oak Island! The severe erosion on the west end of Oak Island is a major threat to the interests of the entire Island, its residents, and investors. As a resident on Kings Lynn Drive at the west end I have a material interest in this issue, BUT the serious erosion happening will have an impact on the

6 Page 6 of 9 entire island. Every effort should be made to correct this issue. The consequences of allowing the erosion to continue at its present pace will affect the following: the significant loss of property value, income and taxes paid by the several homes that have been condemned on Beach Drive; the potential loss of property value, income and taxes paid by additional homes jeopardized by the erosion; the possible devaluation of the real estate in the west end thereby reducing the tax base, real estate taxes, and accommodation taxes paid by the homes in that area; and the possible devaluation of oceanfront and other properties on the island because of the potential threat and any lack of response by the town and county to preserve our major beach front asset. Funding for a renourishment plan should be immediately and arduously pursed by the Town, Town Council, Beach Preservation Society, Oak Island businessmen and the local real estate industry. It should be noted that the west end did not receive renourishment when the beach was renourished several years ago. On a related matter, building ordinances for the oceanfront properties should be reviewed in light of the dangers of erosion which have been and will continue to be a concern. William Carl Bullock, 6324 Kings Lynn Drive, written comments provided as follows: I have been a part of the Long Beach/Oak Island community since before hurricane Hazel in 1954 and am a property owner at 6324 Kings Lynn Drive. Throughout these years, the town's management has protected Long Beach/Oak Island from numerous threats against our beach and community. They have always made every effort to preserve our beach, waterways and community. Everyone understood that without a healthy beach and waterways, our community would not continue to enjoy the beauty of this island and economic prosperity. It all began in my lifetime with Hurricane Hazel. Many of you remember there was nothing left, everything had to be rebuilt. There have been many times since, that the town's management has responded to significant catastrophes, far too many to list. The community has always supported these efforts as we knew that it was vital to the town. In the past, when one area of the town needed help, the entire community has responded. You all remember back in the beach re-nourishment project (for turtles), the sand stopped east of the Blue Water Point Marina, excluding the West end, even though the West end contributed to the project. What benefits one area of the town favorably impacts the entire economy. Without the income generated from the beach tourism, the entire town will lose. The West End Dredging Project will benefit the entire beach in many ways and address the much needed improvements to the beach and waterways. Specifically: It will restore aquatic habitat - clams and oysters in the Eastern Channel of the Lockwood Folly River Widen and deepen channel to improve water flow and navigation Utilize all beach quality sand for Oak Island s beach It's rare when removing sand from one area creates benefits and placing it in another area creates even more benefits. Even more importantly, Oak Island has acquired outside funding to assist with the costs of this project. I request that you go forward with this very needed project for the benefit of us all. Vickie and John Still, 6608 Kings Lynn Drive, written comments provided as follows: Thank you for the progress you have made to date regarding plans to repair the beach at the west end of the island. We live in the area and walk the beach almost every day (at low tide, of course, since that s the only way), so we know that this urgent project cannot come too quickly. We have recently learned that there is an organized effort being mounted to stop the project. It is shocking that any resident or property owner on Oak Island would not be fully supportive of the town s plans. Aside from the town s potential loss of tax revenue, as spelled out by Mr. Foster in The State Port Pilot last week, we all know that the town has little real economy other than the beach itself and activities tied to it. While we do not rent our house, it is clear that the rental properties at the west end face very bleak prospects if there is no beach access because this project is not consummated. It is absolutely essential, for the whole town s sake, to protect the beach by completing this project as soon as possible. Also, the area in jeopardy has been stable for decades, despite receiving no sand in the last renourishment program. That changed suddenly about a year ago. A significant bar has accreted offshore in this area, and the result has been a strong current, deep water, and

7 Page 7 of 9 powerful wave action very close to the beach in the 6600 block of West Beach. To protect the beach after the repair, perhaps someone should explore this issue with the USACE in connection with their use of a side-discharge dredge at Lockwood s Folly Inlet. David and Voncille Litz, 6621 West beach Drive, written comments provided as follows: We are one of the owners of the 4 houses that are endangered on the West End of the Oak Island. We have been owners of rental property here since 1991 and have paid taxes, insurance, sewer assessment and 6% of income toward fund for beach renourishment., helping to make possible for the entire island to share in the tourist dollars by providing ocean front access to our beautiful beach. Nature has a way of doing what it wants and we are paying our own money to place sand bags for the second time while waiting for the sand project to be approved not knowing what the ocean will be doing in the meantime while we wait for the state and federal governments to get the sand project started in We hope everything will be in place by spring 2015 to save not only our 4 homes but near 120 more homes on the west end. In 1999 we were assessed per size of lot to help the east end after Floyd and now we are asking the residents of Oak Island to help us and not protest the sand project for Thank the Town Council for allowing our concerns to be heard. Mark Davenport, Sanford, NC, written comments provided as follows: I am writing you today to ask for your support for the beach re-nourishment project being discussed on the west end of Oak Island. My Family have all had homes down on the island since before there was a bridge to get over on to it. My grandparents, parents and uncles all lost homes during the Hazel hurricane and each one of them built back soon afterwards. We have all, five generations of Davenports, grown up spending much of the summer and many weekends enjoying the beautiful white sands of Oak Island, aka Long Beach. Just last year, I bought one of the homes on the West end of the beach that is now in jeopardy of being lost to the erosion problem. So, of course I have a very vested interest in asking for your support on the beach nourishment project. But, even with-out my new home being in the situation it is, I believe that the continued growth and sustainability of all that is Oak Island, depends on how we respond and protect what we have today. To take the short-term view of it s not my problem, or we can t afford it, can quickly turn our community into one that starts to decline. Major property values will be directly affected, but what it does to the value of other homes up and down the beach to potential investors in the future could be much greater. If this erosion is allowed to stand un-abated, where is the line to be drawn? At what point would the town try to protect its most valuable asset? Please vote to protect our most natural resource and source of income, please vote to pass the beach re-nourishment program in 2015, while we still have the option. Joanne Wolf, 6319 Kings Lynn Drive, written comments provided as follows: Lisa, you have received eloquently expressed messages from a growing number of island property owners in support of the project to widen and deepen the Eastern Channel of the Lockwood Folly River that were not previously aware of an undercurrent to abort same. And, subsequently to reuse this beach quality sand to replace the beach sand on the west end of the island. What a win/win opportunity! I am very supportive of this project. It is URGENTLY needed. As a daily beach walker, I observe continued erosion, not only in front of the severely endangered homes in the 6600 block of West Beach. The pronounced erosion that I have observed runs from the Point down to the 6000 block. It is difficult to believe that our COMMUNITY (see Webster's Dictionary for a definition of community) does not unconditionally support this project for the good of all and for the reasons previously forwarded to you by supporters of this venture. To repeat them again would be redundant (and I'm that good a typist). Please add this message in support to the messages to be read into the record. REGULAR MEETING: I. CONSENT AGENDA

8 Page 8 of 9 1. Approval of Minutes a. November 12, 2014 (Joint Meeting with the Capital Improvement Committee) b. November 12, 2014 () 2. Approval of Resolution to Declare Certain Surplus Property Surplus and Authorize Its Disposition 3. Approval of Memorandum of Understanding (with Dosher Memorial Hospital) 4. Approval of Seasonal Rate Changes for the Par 3 at Oak Island Golf Course Councilor Painter made a motion to approve the Consent Agenda as amended. Councilor Kiser seconded and the motion passed unanimously. II. COMMITTEE APPOINTMENTS 1. ABC Board (one term ending December 2017) a. Reva Cook: Ms. Cook received one vote from Mayor Pro Tempore Medlin and was not appointed. b. Willie Williams: With votes from Councilor Scott and Councilor Kiser, Mr. Williams was not re-appointed to the Board. The Clerk will continue to advertise for this position. III. ADMINISTRATIVE REPORTS 1. Town Manager: Fire Chief Chris Anselmo explained that the Town is in a holding pattern as far as getting paramedic level service implemented; he will keep everyone informed on the progress. Paving for repairing road cuts will probably be put off until the spring due to the temperatures; the cost will not change. Staff will seek quotes for shoring up the pier house; that work will be done over the winter. The Town received an additional $672,682 from the state for the Eastern Channel project. Staff is investigating payroll software systems. Human Resources Officer Sarah Nix noted that the Town will have several new reports to file due to the Affordable Care Act. Mr. Foster also said he hopes a staff accountant will be hired soon to take charge of the transition to the new financial software. Mr. Foster will attend the Chamber of Commerce meeting this week to make a presentation on paid parking. a. Report on process to be used for hiring a Town Manager: Ms. Nix said the job description was finalized and is being distributed. Council consensus was to begin the search in the coastal areas of North Carolina and go through the statewide managers groups and the League of Municipalities. Top candidates will be given questions to answer and then Council can schedule interviews. 2. Town Attorney: Addressing a previous question from Ms. Thorne, Mr. Edes said he did not think any private homeowner would have a cause of action against the Town based on the grant contract for the Eastern Channel project. Mayor Wallace noted that she had been working with property owners at the intersection of NC 211 and Midway Road. She said the latest NCDOT plan would be a signal intersection and use very little right-of-way. The Mayor also said that right-of-way acquisition for widening NC 211 is set to begin; that project is slated to be completed in IV. OLD BUSINESS 1. Consideration of Recommendation for Hiring a Consultant to Prepare a Comprehensive Plan and Unified Development Ordinance: Council deferred this item to the January regular meeting. 2. Consideration of Modification of the Implementation of New Polycart Regulations: Public Works Director John Michaux reviewed the new requirements for polycarts (on the beachfront, second and third rows) not putting the carts before 2 p.m. the day before collection but at least by 6 a.m. the day of and taking them back by 7 p.m. the day of collection. Staff has reviewed the ordinances and met

9 Page 9 of 9 with several property managers. Compliance will be up to the property owners and the staff will work on public education about the new rules. The potential hardship would be for the second homes when the owners come down for the weekend; pickups are Wednesdays and Saturdays and if they leave on a Sunday, what can they do? Renters sometimes also leave on a non-pickup day or often don t get the carts down early enough on Saturday mornings. They can use containers at the Town s facilities on 46 th Street. Staff will look into adding another location as well. Staff recommends implementing enforcement of the ordinance April 1 as was previously approved. Answering a question from Councilor Painter, Mr. Michaux said Oak Island s ordinances do not do away with the polycart racks; new racks are not required though. Homeowners pay $4.68 a year for Waste Industries to return the carts to the racks and that price can t be beat. Caswell Beach s fees for that service are much higher. V. NEW BUSINESS 1. Selection of Mayor Pro Tempore for 2015: Mayor Pro Tempore Medlin nominated Councilor Winecoff for Mayor Pro Tempore. Councilor Painter seconded the nomination. The nomination was approved with votes in favor from Councilors Kiser, Medlin, Painter and Scott. Councilor Winecoff did not vote. 2. Adopt Town Council Meeting Schedule for 2015: Councilor Painter made a motion to adopt the Council meeting schedule for 2015 as presented, Councilor Kiser seconded and the motion passed unanimously. 3. Schedule Council Retreat: Councilor Kiser made a motion to schedule the Council retreat for 9 a.m. on Tuesday, January 27 th at Bill Smith Park A-frame house. Councilor Winecoff seconded and the motion passed unanimously. Council consensus was to ask Chris May with the Cape Fear Council of Governments to facilitate. VI. Closed Session: Councilor Painter made a motion to go into Closed Session at 10:13 p.m. to discuss Specific Personnel pursuant to N.C.G.S (a)(6). Councilor Kiser seconded and the motion passed unanimously. Council returned to open session at 10:29 p.m. and Mayor Wallace noted that no action had been taken in Closed Session. Councilor Painter made a motion to adjourn at 10: 29 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.