MINUTES OF THE REGULAR SCHEDULED MEETING OF THE EMERALD ISLE BOARD OF COMMISSIONERS TUESDAY, APRIL 10, :00 P.M. TOWN HALL

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1 MINUTES OF THE REGULAR SCHEDULED MEETING TUESDAY, APRIL, 00 :00 P.M. TOWN HALL The regular monthly meeting of the Emerald Isle Board of Commissioners was called to order by Mayor Art Schools at :00 PM. Present for the meeting: Mayor Art Schools, Commissioners Nita Hedreen, Tom Hoover, Floyd Messer, John Wootten, and Maripat Wright. Others present: Town Attorney Richard Stanley, Town Manager Frank Rush, Asst. Town Manager / Finance Officer Mitsy Overman, and Town Clerk Rhonda Ferebee. After roll call all who were present recited the Pledge of Allegiance.. ADOPTION OF AGENDA Motion was made by Commissioner Hedreen to adopt the Agenda. The Board voted unanimously -0 in favor. Motion carried.. PROCLAMATIONS / PUBLIC ANNOUNCEMENTS Mayor Schools noted the following public announcements: Kellie Pickler Certificate Key to the Town Presented by Mayor Schools March, 00 Friday Free Flicks Friday, April Community Center pm 0 th Birthday Event Surfer s Saturday Saturday, April Bogue Inlet Pier pm Bicycle and Pedestrian Advisory Committee Meeting Wednesday, April 1 Community Center pm Men s Singles Tennis Tournament Saturday, April 1 am Blue Heron Park Registration Required th Annual Homes Tour / Art Show Saturday, April 1 am Lands End Clubhouse Tickets Required Planning Board Meeting Monday, April Town Hall pm 0 th Birthday Event Dinner & A Movie Saturday, April Community Center pm Tickets Required Tennis Social Friday, May Blue Heron Park pm Family Bike Day Saturday, May CVS Parking Lot am pm Board of Commissioners Meeting Tuesday, May Town Hall pm

2 APRIL, 00 Page of. CONSENT AGENDA a. Tax Refunds / Releases b. Minutes February, 00 Regular Meeting c. Minutes March, 00 Regular Meeting d. Fee Schedule Amendment Summer Day Camp Fees e. Resolution Authorizing Wellness Grant Application (0-0-/R1) f. Budget Amendment General Fund g. Capital Project Ordinance Amendment Police Station Renovation / Expansion Motion was made by Commissioner Wootten to approve the items on the Consent Agenda. The Board voted unanimously -0 in favor. Motion carried. Note: A copy of Resolution 0-0-/R1 and all other Consent Agenda items are incorporated herein by reference and hereby made a part of these minutes.. PUBLIC COMMENT Brief Summary: The public has the opportunity to address the Board at this time about any items of concern not on the agenda. Wayne and Elaine Crigler, 0 Ocean Drive, read a letter to the Board expressing their concerns about the trees that may be removed to make way for a new administration building. They asked the Board to consider other options and noted they would be glad to serve on a tree committee should the Board decide to form one. (A copy of their letter in its entirety is attached to and hereby made a part of these minutes). Mayor Schools stated that they would try to save as many trees as possible as well as preserving natural area and drainage. Town Manager Rush agreed and said they would keep these concerns in mind and would be glad to share with them the site plan when it becomes available.. RESOLUTION AUTHORIZING AUDIT SERVICES CONTRACT WITH THOMPSON, PRICE, SCOTT, ADAMS, & CO., CPAs (0-0-/R) Asst. Manager / Finance Officer Mitsy Overman addressed the Board concerning this agenda item. The following excerpt from Town Manager Rush s memo to the Board is provided as background: The Board of Commissioners is asked to approve the attached resolution authorizing a contract with Thompson, Price, Scott, Adams, & Co., CPAs, Wilmington, NC, for the 00 financial audit. The total amount of the contract for 00 is $,000, and includes all required auditing services. The Board s Audit Committee interviewed the principal of the firm

3 APRIL, 00 Page of and discussed this issue, and recommends the selection of Thompson, Price, Scott, Adams, & Co. as the Town s new audit services firm. As you know, the firm of Pittard, Perry, & Crone, Inc., Belhaven, NC, has provided audit services for the past years. Pittard, Perry, & Crone was selected after a similar selection process in 00, and their proposal included a -year term. Due to the expiration of their proposal, and also due to the fact that it is good business practice to alternate audit services firms periodically, the Town solicited proposals for a new -year term in March. The attached memo from Mitsy Overman, Assistant Town Manager / Finance Officer, includes additional information about the Town s selection process and the proposals received. The Board should note that the attached contract is a one-year contract, but there is an expectation that the contract will be extended for two additional years upon satisfactory performance. Thompson, Price, Scott, Adams, & Co. submitted cost proposals of $,000 for 00 and $,00 for 00. I have attached a copy of Thompson, Price, Scott, Adams, & Co. s proposal for your information. As you will see, they are an experienced firm with many local government clients in eastern North Carolina. We are confident that they will provide excellent audit services for the Town of Emerald Isle. Commissioner Wright and Commissioner Messer, members of the Audit Committee, stated that they were impressed with this firm, and felt in addition to the monetary difference it was a good practice to change audit companies every few years. Motion was made by Commissioner Messer to approve the Resolution Authorizing Audit Services Contract with Thompson, Price, Scott, Adams, & Co. CPAs. The Board voted unanimously -0 in favor. Motion carried. Note: A copy of Resolution 0-0-/R is incorporated herein by reference and hereby made a part of these minutes.. PHASE II COAST GUARD ROAD STORM WATER PROJECT a. Resolution Authorizing Contract with Moffat & Nichol for Permitting and Design Services (0-0-/R) b. Budget Amendment General Fund c. Capital Project Ordinance Town Manager Frank Rush addressed the Board concerning this agenda item. The following excerpt from Town Manager Rush s memo to the Board is provided as background: The Board of Commissioners is scheduled to consider three actions at the April meeting to further progress on the Coast Guard Road Storm Water Project. First, the Board is scheduled to consider a resolution authorizing a contract with Moffat & Nichol Engineers, Raleigh, NC, for permitting activities associated with all remaining phases of the project, and for design and construction administration services for the planned Phase II project. The total amount of the contract is $,0 over the next - months, however, the Board is only asked to consider the initial $0,000 to cover permitting expenses between now

4 APRIL, 00 Page of and June 0, 00. Additionally, the Board is scheduled to consider a related General Fund budget amendment and new capital project ordinance for Phase II of the project. Phase II will involve the construction of two new pumps in Spinnakers Reach, associated piping to convey the water to Emerald Isle Woods, and required site improvements in Emerald Isle Woods. I have attached a map indicating the planned location of pumps in Spinnakers Reach and the planned pipeline route. It is believed that the construction of Phase II will resolve storm water issues in Spinnakers Reach and the eastern boundary of Lands End, and also reduce groundwater and surface water flows into Lands End to the point that their community system can function more effectively. A map of the previously completed improvements at Emerald Isle Woods is also attached for your information. Resolution Authorizing Contract with Moffat & Nichol for Permitting and Design Services The attached resolution authorizes the Town Manager to execute a contract with Moffat & Nichol for the initial expenses associated with permitting all remaining phases of the overall Coast Guard Road Storm Water Project. The total amount proposed by Moffat & Nichol for overall permitting activities is $0,0, however, for budgetary reasons, the attached resolution authorizes only the first $0,000 that will potentially be completed between now and June 0, 00. Additional funding for remaining permitting work would be included in the FY 0-0 budget, and appropriate authorizations provided after July 1. The attached resolution also references design and construction administration services for Phase II only, at a total cost of $,0. If the Board concurs, this work would also be funded in the FY 0-0 budget and formally authorized sometime later in 00. A copy of Moffat & Nichol s complete proposal is attached for your review. Either Tim Reid or Johnny Martin from Moffat & Nichol will attend the April meeting to explain the proposal and answer questions. As you know, Phase I was constructed without the need to secure Federal and State permits due to the fact that there is a relatively low volume of discharge from Phase I, that all discharge occurs on high ground at Emerald Isle Woods, and also due to the fact that all work was completed a significant distance back from the waters of Bogue Sound. Phase II will likely involve more significant site work at Emerald Isle Woods, potentially including an emergency discharge spreader bar to the waters of Bogue Sound and the construction of new dikes along certain areas of the Cape Emerald common property line. This work will require extensive permitting activities with the US Army Corps of Engineers, Environmental Protection Agency, NC Division of Water Quality, and the NC Division of Coastal Management. Because of the complexity of the project, and the eventual planned construction of additional pumps, I directed Moffat & Nichol to include permitting activities for ALL future phases in their proposal. (Future phases include the construction of new pumps in Lands End that will discharge storm water in Emerald Isle Woods, and the construction of a new pump at Island Circle that will discharge to a yet-to-be-determined location hopefully the dune field on the ocean beach. The permit application will likely include one or two unspecified additional pumps discharging to Emerald Isle Woods, up to a total of pumps.) The Board should note that we believe that any permit issued for the overall project will be valid for a period of years from the date of issue, however, additional confirmation of the expiration date is necessary. If the Town is not prepared to move forward with additional phases within years, it may be possible to secure a permit extension or complete a simplified new permitting process at the end of the -year period. The Board previously expressed its goal to have Phase II completed by June 0, 00. Although that schedule is optimistic, we will continue to work toward that deadline. Moffat & Nichol has indicated the following time frames for the work to be completed: Permit Documentation and Submittal of Draft Applications months (Oct 0) Permit Application Review and Negotiations - months (Jan 0 Apr 0) Detailed Final Design and Bid Process - months (Apr 0 Oct 0) Construction months (Aug 0 Feb 0).

5 APRIL, 00 Page of As indicated above, it is possible that Phase II could be operational as early as August 00, depending on the issues and challenges encountered along the way. As you know, however, there are always unforeseen circumstances that impact the project schedule, and a more realistic target date may be late 00. The Board should note that Moffat & Nichol s proposal envisions the construction of a forebay, sand filters, new dikes (but not sheet piling), and an emergency discharge spreader bar as potential components of the overall permit application and Phase II construction. As you know, it will be important to avoid impacts on neighboring Cape Emerald subdivision, and special attention will be paid to this issue along with potential environmental impacts. We remain hopeful that the emergency discharge spreader bar will be permitted as part of this project, as this project component will likely eliminate any concerns about impacts to Cape Emerald or other nearby properties. Moffat & Nichol will also be closely analyzing the potential to make greater use of the eastern wetlands at the Emerald Isle Woods site, some of which are segregated from other areas of the property by significant dune ridges. Budget Amendment General Fund The attached budget amendment appropriates an additional $0,000 from General Fund balance to cover initial permitting expenses between now and June 0, 00. As you know, the Town s General Fund balance, while still at an acceptable level, has decreased somewhat over the past year due to intentional use for various capital projects. The Town is not in a position to authorize additional fund balance beyond the $0,000 contemplated in the attached General Fund budget amendment. As noted above, funding for the balance of the work included in Moffat & Nichol s proposal will be included in the FY 0-0 budget, either as a pay-as-you-go appropriation or included in the overall debt issue for construction of the project. Construction of the new pumps in Spinnakers Reach and associated piping is estimated at approximately $00,000. Additional costs are anticipated for any site improvements at Emerald Isle Woods that may be required for Phase II. Capital Project Ordinance The attached capital project ordinance represents a new project account established for permitting activities and for Phase II. We have closed out the capital project ordinance for all previous work on the Coast Guard Road Storm Water Project, including previous studies, land acquisition, and Phase I construction. The creation of a new capital project ordinance will make it easier to track project expenditures from this point forward. The attached capital project ordinance simply appropriates the $0,000 discussed above to the multi-year project account for initial permitting expenses. Tim Reid with Moffat & Nichol explained the proposal in detail and answered questions from the Board and public. Mayor Schools opened the floor for comments from the public on this issue. Chuck Hinkle, Cape Fear Loop, expressed his serious concerns with relocation of ground water problems from Lands End and Spinnakers to the property adjoining Cape Emerald where he lives. Mr. Hinkle realized there would be studies and diking done, but to the extent that there are failures in those attempts, he asked what the recourse would be for the residents in Cape Emerald. Mr. Hinkle felt this would have direct impact on their property values, the associated problems that relocated ground water would cause.

6 APRIL, 00 Page of Commissioner Wootten felt the key is the approval of the spreader bar out into the sound because that would be the stabilizing influence to get the water out of the acres. Commissioner Wootten said this is a straight gravity flow pipe. Town Manager Rush noted that there has always been water moving from the park property into Cape Emerald because the wetland is connected. Mr. Rush pointed out that the backup that occurred during the past Thanksgiving timeframe was strictly related to the fact that a grate was not removed from the outlet pipe in Cape Emerald and was not a result of any pumping activity. Mr. Rush said that the concerns of Cape Emerald are completely valid concerns and that is part of the reason the Town has Moffat & Nichol on board and why they are about to go to such great expense with engineering and permitting. Mr. Rush noted that during the permitting process the public is always welcome to attend meetings, express comments, and call staff to discuss plans. Emilie Zucker, Cape Lookout Loop, said this has been an ongoing project which they have tried to keep up with and understand the engineering phase. Ms. Zucker said they did have a flooding event as a result of pumps being turned on the very first time there was a big rain event in October 00. Ms. Zucker stated that Mr. Rush helped them a great deal with that problem; pumps were shut down as a result. Ms. Zucker said after meeting to discuss what could prevent something like that from happening again, one of the things they hoped would happen was that a dike and piling system could be moved up to Phase II in order to protect the western section of Cape Emerald. Ms. Zucker said that she has just read that Moffat & Nichol are assuming that sheet piling will not be needed for the project. This was a concern to her especially during an event such as a hurricane and she wanted to know why the plan for a sheet system and dike piling was abandoned, if other measures would be put in place to substitute for that, and if the agreement to shut pumps down if there is a flooding event in Cape Emerald will still happen in the future. Town Manager Rush stated that if the Town s actions are the cause of problems in Cape Emerald they would adjust to prevent creating any problems. Mr. Rush commented in terms of diking and sheet piling these things would be examined during this design process and if further analysis dictates that should be looked at they would discuss this further with the Board. Mr. Rush said they are hopeful that the emergency discharge spreader bar will be the most effective way to address the concerns for Cape Emerald. Bernie Zucker, Cape Lookout Loop, stated that the flooding behind his house was never as bad as during the last rain event, adding that they are getting more water from Emerald Woods. Mr. Zucker said they feel in Cape Emerald that they

7 APRIL, 00 Page of not only get water from Deer Horn and the south side of Coast Guard Road, but now it will come from Spinnakers Reach and Lands End. Doje Marks, Sandcastle Drive, asked Mr. Reid with Moffat & Nichol whether the island drainage runs from the sound to the ocean rather than east to west. She understood that there is little movement from east to west or west to east on an island. Mr. Reid stated that in the case of this island because of the trough system the water expresses itself on the surface into the gravity flow through the trough system which has been intersected by the perpendicular roads and for the most part the water finds the path of least resistance and basically the water runs from the sound on one side to the ocean on the other with the only thing interrupting that flow being organic layers. Ms. Marks said for years there has been a perception that all the water along Coast Guard Road flowed from east to west and went toward the Point and she wanted to clear up this misconception, and also make the point that there has been a great deal more development in the last years impacting the roads and subdivisions. Motion was made by Commissioner Wright to adopt the Resolution Authorizing a Contract with Moffat & Nichol for Permitting and Design Services for Phase II of the Coast Guard Road Storm Water Project. The Board voted unanimously -0 in favor. Motion carried. Note: A copy of Ordinance 0-0-/O1 is incorporated herein by reference and hereby made a part of these minutes.

8 APRIL, 00 Page of The budget for FY is hereby amended as follows: BUDGET AMENDMENT FY 00-0 GENERAL FUND Increase Decrease Revenues Appropriated Fund Balance 0,000 - TOTAL 0,000 - Expenditures Transfer to Phase II - Coast Gd Rd Storm Water Project CPO 0,000 - TOTAL 0,000 - Copies of this ordinance shall be filed with the Finance Officer, Budget Officer, and Town Clerk, to be kept on file by them for their direction in the disbursement of Town funds for this project Motion was made by Commissioner Wootten to adopt the General Fund Budget Amendment with the proviso that we budget the $0,000 in next years budget to pay back the General Fund for this year. The Board voted unanimously -0 in favor. Motion carried.

9 APRIL, 00 Page of TOWN OF EMERALD ISLE CAPITAL PROJECT BUDGET ORDINANCE PHASE II - COAST GUARD ROAD STORM WATER PROJECT Be it ordained by the Board of Commissioners of the Town of Emerald Isle that, pursuant to NCGS -., the following Capital Project Ordinance is established for Phase II - Coast Guard Road Storm Water Project: Revenues Adopted Budget (April, 00) Transfer from General Fund 0,000 TOTAL 0,000 Expenditures Permitting / Design 0,000 TOTAL 0,000 The Town Manager, as Budget Officer, is hereby authorized to transfer funds between line items within this capital project ordinance, however, any net increases or decreases to total capital project ordinance appropriations shall require a capital project ordinance amendment by the Board of Commissioners. Copies of this ordinance shall be filed with the Finance Officer, Budget Officer, and Town Clerk, to be kept on file by them for their direction in the disbursement of Town funds for this project. Motion was made by Commissioner Wootten to adopt the new Capital Project Ordinance Amendment for Phase II Coast Guard Road Storm Water Project. The Board voted unanimously -0 in favor. Motion carried.. APPOINTMENT BOARD OF ADJUSTMENT 1 VACANCY Summary of this Item: The term of Alternate #, Sally Waters, will expire in May 00. The new term for Alternate # will be a two-year term and will expire in May 00. Motion was made by Commissioner Wright to reappoint Sally Waters to the new term expiring May 00. The Board voted unanimously -0 in favor. Motion carried.

10 APRIL, 00 Page of. COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, AND TOWN MANAGER There were no comments from the Town Clerk or the Town Attorney. Town Manager Rush noted they are currently taking bids for the Police Renovation / Expansion project and he hopes to have a contract on the Board s May agenda. Likewise, they are taking bids for the new walkways and observation decks at both of the regional beach accesses and hope to have construction contracts on the May agenda for that as well. Mr. Rush mentioned his meeting today with the Corps of Engineers and representatives from many other coastal towns to discuss once again the lack of federal funding available for dredging the Intracoastal Waterway and all the shallow draft inlets and provided a brief status report regarding this issue.. COMMENTS FROM MAYOR AND BOARD OF COMMISSIONERS Commissioner Hoover had kudos for Town Manager Frank Rush with the first being his rebuttal to the article in the Wilmington paper by Orrin Pilkney, which he felt was exceptional; as well as the comments and the package Mr. Rush put together in a short time on the Phase II Storm Water. There were no further comments from the Mayor or Board of Commissioners.. ADJOURN Motion was made by Commissioner Hedreen to adjourn the meeting. The Board voted unanimously -0 in favor. Motion carried. The meeting was adjourned at : pm. Respectfully submitted: Rhonda C. Ferebee, CMC Town Clerk