Calabash Zoning Rules Are Valid, Says State
Attorney General
BY l)()U(; RUTTER
N.C. Attorney General Lacy Thomburg says
Calabash's /oiling ordinances arc valid and enforceable
outside tlic town even though proper procedures
weren't followed in appointing certain members to the
planning board.
Town olTicials received the legal opinion from
Raleigh Tuesday afternoon, clearing up a mess that
stalled when two appointments were publicly chal
lenged at a board of commissioners' meeting Feb. 12.
The controversy involved the appointment of Bob
Crocker and Bill Rate to serve on the planning board as
representatives of the extraterritorial area (ETA), which
extends about one mile from the town limits.
I he two men have been serving on the board since
last February, when town commissioners reorganized
the makeup of the planning board to account for the
consolidation of the old Town of Calabash and the
Carolina Shores community.
In recent years. Calabash's governing body has rec
ommended planning board appointments from the ETA,
and those recommendations typically were approved by
the Brunswick County Board of Commissioners.
State statute gives the county commissioners the
right to appoint people from the ETA on planning
boards in towns that exercise their right to extraterritori
al jurisdiction.
However, the Brunswick County Board of
Commissioners had never approved the appointment of
Crocker and Rate to the planning board last year.
County Commission Chairman Kelly Holdcn said die
county didn't receive a resolution from the town re
questing the appoinuiicnts until last month.
State law gives the county commission 90 days
from the time it receives the resolution to appoint the
planning board members. The county board has not yet
aclcd on ihc appointments.
Calabash Town Auorncy Mike Ramos said last
month that the town's elected board has always appoint
ed planning board representatives from the ETA and
then sent their names to the county board for final ap
proval.
Ramos said the failure to send the names to the
county the last time around was an oversight, causcd in
part by the fact that both men had served on the board
before.
In his March 5 letter to the town attorney.
Thorn burg wrote that "any recent irregularity in the
makeup of the planning agency would not invalidate an
otherwise valid zoning ordinance or its application to a
I-.TJ area."
The attorney general noted that his opinion was
based on the fact that the planning board's duties set
forth in slate statute do not encroach on the legislative
authority of the town commission to cnaci a zoning m
dinance.
Ramos said last month that he believed any action
taken by the planning board over the past year wc in
valid because the only role of the board is to make rev
ommendations to town commissioners.
The town attorney said at the time that he thought
the whole issue was brought up just so somebody couM
question the validity of the town's efforts to enfoicv
zoning regulations in the ETA.
William Earl Benton, who lives and runs a business
in the ETA, raised the issue of planning board appoint
ments Feb. 12. He said appointment of the ETA repie
sentalivcs hadn't been done according to state law.
Benton, who was forced to remove two off-prcmis
es signs promoting his business bccausc they violated a
town ordinance, said he wanted somebody to represent
him on the planning board.
Calabash Grants Varian
ces For Golf Course Signs
BY DOUG R UTTER
The Calabash Board of Adjustment has
granted two variances from the sign ordi
nance, allowing one golf course to keep a il
legal sign through the summer and another
course to put back two illegal signs that
were removed last year.
llie board ? making its first rulings sincc
ihe town started enforcing its 1982 sign or
dinance last year ? granted variances re
quested by Carolina Shores Golf Course and
Ocean Harbour Golf Links Tuesday night
Carolina Shores will be allowed to keep
the words "pro shop" on a sign at the comer
of N.C. 179 and Country Club Drive
through Labor Day. At that time, the words
"pro shop" will be removed and replaced
with the word "entrance."
Ocean Harbour was granted a variance al
lowing two signs to be erected on N.C. 179
for a period of two years. One sign will be
put up near the state line and the other near
the Calabash River bridge.
The board of adjustment heard testimony
in both cases Feb. 13. At the time, golf
course representatives argued that signs arc
desperately needed to keep pace in the re
gion's competitive golf industry.
In both cases, the town had asked the golf
course to remove off-premises signs, which
are prohibited under the town code.. An off
premise sign is one that isn't located on the
same property as the business it's promoting.
Prior to discussing the eases and making
decisions Tuesday, the town board of adjust
ment met in executive session for 20 min
utes at the request of Town Attorney Mike
Ramos.
Carolina Shores
Carolina Shores had requested a vari
ancc to allow the continued use of off
premises signs at both ends of Country
Club Drive. The board of adjustment ruled
on the sign at N.C. 179, but didn't rule on
the sign beside U.S. 17.
Board Chairman George Anderson said
he understood t'nt the state would ask
Carolina Shores to remove the sign on U.S.
17 in the near future since it is located in
the highway right of way.
Ray Card, a member of the beard of ad
justment, said he drives by the sign on N.C.
179 every day and doesn't find it offensive.
"It's a nice-looking sign. It's in harmony
with the community and the environment"
Shallotte attorney Mason Anderson, rep
resenting American Golf Corp. which
owns Carolina Shores Golf Course, said
the course was purchased many years ago
with the agreement that sign easements
would be available.
The lawyer said signs are needed to di
rect visitors from Myrtle Beach, S.C.
"We're asking for your help and we do
need i?," Anderson said. "We do feel that it
is important to the success of the course."
Ocean Harbour
Ocean Harbour developer Odell Will
iamson requested the variance because the
golf course is relatively new and golfers
don't Jjiow where it's i oca ted.
The course, which is located off N.C.
179 between Calabash and Sunset Beach,
took down four signs last year and asked to
put two of them back up.
Williamson said signs are needed to get
people to the course. "We believe if we can
get them here, they're going to come back
because we've got a nice facility," he said.
"We need to get them there one lime and
let them see what we've got."
Board member Phyllis Manning made |
the motion to grant the variance, saying the
course is new and needs the exposure. "It I
would result in an undue hardship becausc I
it's off the beaten path," she said.
Card agreed. "It's very tough to sec that j
course," he said. "It probably has less ex
posure than Carolina Shores."
Anderson, the board's chairman, cast the I
only vote against the variance for Ocean
Harbour. He said he wasn't convinced the
lack cf signs constituted an undue hard
ship, but said he would have granted a vari
ance for one sign.
Williamson said he wouldn't ask for a
renewal of the variance once the two years
expires. He said two years will give him
time to find appropriate sites for the signs
outside the town's jurisdiction.
Sunset Council Learns Development
Of Sewer Project Drawn- Out Process
BY SUSAN USHER
Turning of dirt for a scwcr sys
tem ul Sunset Bcach could begin in
as little as two years or as many as
live years, depending on how sever
al variables come together, a slate
ollicial told town council members
Monday night.
With that in mind, council mem
bers voted to start the process im
mediately by having the town send
a letter belore one program's March
3 1 cut-off dale requesting a spoi on
a priority list for funding.
At a workshop Tuesday, March
12 at 7:30 p.m. at the town hall,
council members and consulting en
gineer Phil Norris of Andrew &
Kuskc will explore in greater detail
alternative systems, the possible cost
and means of paying for the system.
"Even if everything goes smooth
ly, it takes a considerable length of
ume," said Coy Batten, assistant
chief of the construction grants and
loans section of the N.C. Division
of Environment, Health and Natural
Resources environmental unit.
He encouraged the town lo con
sider spray irrigation on area golf
course turf, a possibility the town is
already looking into. "I understand
they need a lot of water in this sandy
area, probably an inch a week year
round. They can use your wastewa
ter if its treated well enough first."
He warned the town to expect op
position, for environmental or other
reasons. "Some residents may be
satisfied with what they have, some
may not want anyone else to come.
"You need the majority of people
to support you because it won't be
smooth sailing."
Deputies Answer
Brunswick County sheriff's dep
uucs answered 1,101 calls in Janu
ary, recovered property valued at
S167 and made 459 investigations,
according to a report from the de
partment.
Eighly-lwo of the calls related to
domestic disturbances.
Officers made 65 arrests as prose
cuting witness, including two arrests
on drunk and disruptive charges.
Deputies summoned 248 witness
es and served 611 civil papers, 352
local warrants, 13 foreign warrants
and four mental and inebriate pa
pers were served. Nine doors or
windows were found open.
Deputies spent 341 hours in court
on duty and 25 hours in court off
duly.
Departmental vehicles logged
98,536 miles and used 6,968 gallons
of fuel. Officers made 17 trips out
of ihe county and logged 1,586
miles on the transport van.
During January 44 crime preven
tion meetings were held.
AT GRISSETTOWN
BRING HOME
THEfiBEACON
On Sal* At
GRISSETTOWN SERVICE STATION
RANDY S PORK CENTER
WENDELL SMITH'S
1,101
Opposition to the projcct could
slow or even shelve the projcct, as
did the discovery of an endangered
freshwater spiny mussel on Little
River. "I hope you don't have any,"
said Batten.
A proposed high-rise bridge to
Sunset Beach lias been delayed, at
the least, through legal action by the
Sunset Beach Taxpayers and others
that resulted in a judge ordering a
more thorough study of the project's
potential environmental impact
Work on the projcct has halted
pending hearing of an appeal.
Baucn was invited to discuss
with council members sources of
slate and federal funding for munic
ipal wastewater treatment systems
and the steps involved in applying
for any available loans or grants.
Baucn works with two such fund
ing programs, a revolving loan fund
that now uses primarily federal En
vironmental Protection Agency
funds and another fund utilizing
state monies. The application pro
cess, deadlines, guidelines, funding
and payback schedules differ. Bat
ten indicated.
Typically the loans and/or grants
are used in combination with other
revenue sources that might include
tap-on fees, frontage assessments
and bond revenues.
The town is eligible to seek, on a
competitive basis, low-interest loans
that would cover all current wastew
ater treatment needs as well as those
projected for the next 20 years.
Maximum loans available are
$7.5 million under die federal pro
gram and $3 million under the state.
The slate also can make grants of up
to S500,000. However, said Batten
of the slate program, "Unless some
funds are put in the program,
though, there's no need to apply."
said Batten.
Typically the loans cannot be paid
back through property tax revenues,
but arc to be paid back with other
sources, such as user charges, half
cent sales tax revenues and possibly
AT SEASIDE
BRING HOME
THffiBEACON
On Sal* At
FOOD LION
FOOD MART
NELL'S PIT STOP
I- >r
" Even if everything goes smoothly , it
takes a considerable length of time."
? Coy Batten, Assistant Chief
Construction Grants and Loans
accommodations tax revenues.
Land acquisition can be funded
under the state program, but not the
federal.
The town's effort to gain a spot
on the priority list for the federal
program will be based on a point
system that takes into account local
water quality, health-related con
cerns, financial need, whether the
community is operating under any
state orders, proximity of the target
community to shellflshing waters
and whether the project ties into a
regional system.
Should the town make the list it
would then update the local 201
Facilities Plan as it relates to Sunset
Beach and complete an engineering
study of alternatives as part of the
actual application and award pro
cess.
Batten also encouraged the town
to also examine loan and grant pro
grams available through Farmers
Home Administration.
Other Business
In other business the council:
? After meeting briefly behind
closed doors, voted a 5 percent pay
raise for Police Chief J.B. Buell,
from S25.500 to $26,775 annually,
effective April 1. Town Administra
tor Linda Fluegel said the town's
hiring agreement with the chief
called for a six months' review of
the department, with the increase in
pay if the town found substantive
improvement. "The entire council
had to agree there had been a great
change," she said.
?Voted to spend $1,400 to replace
the riser on the westernmost of the
Twin Lakes, as requested by the
Twin Lakes Residents Conservation
Association.
?Because of the Easter holiday,
rescheduled their April 1 meeting to
March 25 at 7:30 p.m.
?After a public hearing at which no
comments were heard, zoned Peli
can Shopping Center as mainland
business 1 (MB-1).
?Learned that member Bud Scran
lom has agreed to serve as the
town's representative on the Bruns
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C19Q1 The b?unswck beacon
wick County Emergency Medical
Services Advisory Board.
?Approved, on the recommenda
tion of the town planning board,
preliminary and final plats for
Oyster Point, Phase 1 (formerly
Marsh Point), a 68-lot, single fami
ly development.
? Learned that during February the
town issued five building permits
for single-family residences and one
for a duplex, with a combined valu
ation of $420,80; plus a mobile
home, additions, remodeling, re
pairs, docks and decks. The inspec
tor collected SI, 075 in fees for work
valued at $451,480.
?Expressed support for the town's
inclusion in a bill that would pro
vide for assessments by municipal!
ties not only for dredging of canal
but also for bulkhead work.
? Learned from Chief Bucll that i
turning recovered stolen property i>
appropriate homeowners has bec;>
difficult because much of the prop
erty is not identifiable. He and Ofli
cer Anna Redmond will talk with
members of the Sunset Bcach Tax
payers Association at their Easier
weekend meeting about a project to
mark items with owners' driver's li
cense numbers.
? Authorized the mayor to write
stale legislators asking that the Stau
not reduce funding to municipal!
ties, as requested by the N. C. Lcj
gue of Municipalities.
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