CURRITUCK COUNTY

NORTH CAROLINA

Minutes- Regular Meeting of the Board of Commissioners

-
Historic Currituck Courthouse Board Room
153 Courthouse Road
Currituck, North Carolina 27929
Present:
  • Bob White
  • Selina S. Jarvis
  • J. Owen Etheridge
  • Mary "Kitty" Etheridge
  • Kevin E. McCord
  • Michael H. Payment
Absent:
  • Paul M. Beaumont

1.
Call to Order - 6:00 PM

 

The Currituck County Board of Commissioners met at 6:00 PM in the Historic Courthouse Board Meeting Room, 153 Courthouse Road, Currituck, North Carolina, for a Regular Meeting.

Chairman White called the meeting to order.

1.
Invocation & Pledge of Allegiance

 

Commissioner J. Owen Etheridge offered the Invocation and led the Pledge of Allegiance.

2.
Ethics Awareness and Conflicts of Interest Reminder

 

County Attorney, Megan Morgan, read the Ethics Awareness and Conflicts of Interest Reminder.  Relevant to the Flora Commercial public hearing, Commissioner McCord disclosed in 2022 he had performed lot clearing for the owner of Allied Properties, who also own North South Development, totaling approximately $300.  Ms. Morgan did not believe that the act rose to the level of a conflict of interest.

3.
Approval of Agenda

 

Chairman White reported Commissioner Paul Beaumont would not be attending the meeting.  Commissioner Payment moved for approval of the agenda.  Commissioner McCord seconded the motion.  The motion passed, 6-0.

  • MOVER: Michael H. Payment
    SECONDER: Kevin E. McCord
    RESULT: Approved

2.
Public Comment

 

Chairman White opened the Public Comment period.  No one wished to speak and the Public Comment period was closed.

3.
Commissioner's Report

 

Chairman White announced the start of the County's Citizens Academy later in the week and responded to citizen inquiries on the need for residential growth to spur commercial growth.  He reported on topics discussed at the Board's recent Annual Retreat Work Session and touched on needed capital items such as fire trucks and facilities repairs, and that informational videos for the public would be forthcoming.  He said Commissioners will be working with Planning to slow development while anticipating and managing impacts the Mid-Currituck bridge may have in certain areas of the county.  He said the Board will consider whether Mixed-Residential zoning fits in the County and assured Mainland residents they would not be taxed if the County implements beach nourishment.  

Commissioner Jarvis thanked County staff for organizing the recent Board Retreat.  She announced February is Heart Health month.

Commissioner Mary Etheridge also discussed Heart Health Month and stressed the importance of taking care of your heart.  She, too, thanked staff for organizing the Annual Board Retreat.

Commissioner Payment acknowledged the efforts of the Finance Director, Sandra Hill, and reported the County follows a pay-as-you-go philosophy, which has left the County with no debt.  He acknowledged the good work of the Volunteer Fire Services in the County.  

Commissioner McCord thanked the Moyock Women's Club who led a trash clean up effort in Moyock.  He reported on the recent Board Retreat and the upcoming Citizens Academy.  He acknowledged the efforts of the Sheriff's office and other responding agencies that resulted in the apprehension of an armed suspect.  Commissioner McCord confirmed additional law enforcement had been deployed to schools for enhanced safety and addressed comments on Social Media.

Commissioner J. Owen Etheridge thanked staff for organizing the Annual Board Retreat and was pleased to hear of discussion around increasing minimum lot sizes in the County.  He read a statement from a Corolla resident who recognized the efforts of county staff of Southern Outer Banks Water, who worked through the night to repair a water main break in Corolla.

Each Commissioner took a moment to acknowledge the passing of Wilson Snowden, a life-long resident who contributed so much to Currituck County.  Commissioners shared memories, discussed Mr. Snowden's history in the County and offered condolences to the family.

4.
County Manager's Report

 

County Manager, Ike McRee, thanked Commissioners for for participating and providing staff direction at the annual Board Retreat.  He announced upcoming oral arguments in the ongoing occupancy tax lawsuit with the Corolla Civic Association.  Mr. McRee shared a story of Wilson Snowden who would bring his antique barometer to the County during a storm to determine hurricane movement.

5.
County Attorney's Report

 

County Attorney, Megan Morgan, reported her recent attendance at the County Attorneys Conference, held at the University of North Carolina School of Government in Chapel Hill.  Ms. Morgan said she will be revising the County's contracts with technology companies to include insurance requirements following discussion of Cyber Security at the conference.

6.
Administrative Reports

 

1.
Resolution Supporting Career & Technical Education Diploma Track

This item has attachments. 
1.Resolution Supporting High School Dual Track Diploma for Career Education 020223.pdf

County Manager, Ike McRee, introduced an initiative that would provide a Career and Technical Education (CTE) diploma track for Currituck County students.  College of the Albemarle (COA) President, Dr. Jack Bagwell, former North Carolina House Representative and long-serving prior member of the COA Board of Trustees, Paul O'Neal, and Currituck County schools Superindent, Dr. Matt Lutz, attended to present a background of the initiative and steps taken to move the project forward.  A powerpoint reviewed statistical data and student success with CTE programs, and a short video demonstrated programs available COA's Currituck campus through partnership with the County.

Dr. Lutz reviewed current legislation and high-level math requirements for students.  Proposed legislation would allow the diploma track with a vocational focus and CTE related math requirements for students in the program.  Mr. O'Neal relayed the positive impacts of a vocational track, and asked the Board to support the Resolution to begin the process.

Commissioner Payment, as an owner of a heating and air business in the County, understands the future CTE training can provide to students.

Commissioner Jarvis, a retired teacher, appreciates the effort to move a vocational track forward and has seen the toll on students who don't love school or math.  A CTE program will be life changing for many young people.

The group responded to questions during presentation.

Commissioner McCord expressed his strong support for the effort and moved for approval of the Resolution.  Commissioner J. Owen Etheridge seconded the motion.  The motion passed, 6-0.

Chairman White recessed the meeting at 7:12 PM.  The meeting was reconvened at 7:20 PM.

 

  • MOVER: Kevin E. McCord
    SECONDER: J. Owen Etheridge
    RESULT: Approved

7.
Public Hearings

 

1.
PB 22-12 Flora - Commercial

This item has attachments. 
1.1.Flora Commercial staff report conditional rezoning.pdf

Kevin Kemp, Planning and Community Development Director, reviewed the application request for a conditional rezoning.  Overhead maps were reviewed to show the site and zoning and land use of surrounding parcels.  A conceptual site plan displayed commercial building locations and design elevations, parking areas, and vehicle accesses.  Compatibility and supporting policy statements in the Imagine Currituck Land Use Plan (LUP) and Moyock Small Area Plan (SAP) and conditions recommended by the Technical Review Committee (TRC) were presented.  Mr. Kemp updated Commissioners on the status of approval of the Imagine Currituck LUP by the Division of Coastal Management.  Conditions off approval which the applicant agreed to were presented.  The Planning Board also recommended approval of the request with the three stated conditions. 

Mark Bissell, Engineer, detailed the site plan for the Board.  Plan consistency elements and policies supported in the Imagine Currituck LUP and Moyock SAP and compatibility with surrounding uses were presented.  Mr. Bissel anticipates no adverse impacts and noted the project meets all standards of the UDO in support of approval.

Mr. Bissell responded to questions from Commissioners and described the road widening along Survey Road, the proximity of Flora commercial to other planned commercial in the Flora subdivision, and addressed the outparcels and parking availability.  Commissioners discussed whether more flexibility was needed for Conditional rezonings so applicants don't have to come before the Board multiple times.  

Chairman White opened the Public Hearing.

Angela Mays, Survey Road resident, expressed concern with the commercial area being placed on Survey Road.  Issues cited included traffic, stormwater, fire and crime.

Susan Powers, a resident of Eagle Creek, asked how wastewater for the development would be handled and voiced concerns with overburdening the Eagle Creek system.

Fred Peterson of Roland Creek Road expressed concern with traffic increases and, as a bus driver, noted the current backups along Survey Road resulting from parents picking up school children.  He believes a traffic signal will be needed to access Caratoke Highway.

Kyle Beaumont asked whether the outparcels would be outfitted for restaurant use as labeled on the conceptual plan.  He asked about the construction time frame and traffic alterations on Survey Road.  Chairman White said those items will be addressed when the applicant comes back for a Use Permit.

Ryan Gauthier said he was glad to hear there would be changes along Survey Road and would not have supported commercial development if not.  He did voice concern with its proximity to the middle school.

Mr. Bissell responded to questions regarding interconnectivity and sidewalks.  He said they are proposing an eight foot wide multi-use path which will run to the school site.  He reviewed interconnectivity that will connect the commercial, Flora Farm and Fost developments.  Mr. Bissell agreed to pass along the school stacking issue with the consultants, and he confirmed the traffic analysis considered both Flora and Fost developments.

There were no other speakers and Chairman White closed the Public Hearing.

Commissioner Payment moved to adopt by Resolution and approve PB 22-12:  Flora Commercial, because the request is consistent with and amends the 2040 Vision Plan by designating this property as G3 on the future land use map.  The request is consistent with Land Use Plan Goal 3 and Economic Development Goal 1, as well as the Moyock Small Area Plan's designation of Full Service.

The request is reasonable and in the public interest because it would result in a logical and orderly development pattern, would not conflict with the public interest and is in harmony with the purposes and intent of this Ordinance.

Conditions of approval:

  • Imagine Currituck 2040 Vision Plan shall be officially certified by the Division of Coastal Management prior to either the conditional rezoning, or any amendments to the 2040 Vision Plan becoming effective.
  • Up to 120,000 square feet of non-residential floor area, excluding 3 outparcels.
  • Site plan and building elevations to be in general conformance with preliminary drawings provided.

Commissioner McCord seconded the motion.  The motion passed, 5-1, with Commissioner Jarvis opposed.

  • MOVER: Michael H. Payment
    SECONDER: Kevin E. McCord
    RESULT: Approved

2.
PB 22-21 Green Meadows Investments, LLC

This item has attachments. 
1.1-Green Meadows Rezoning Staff Report.pdf

Donna Voliva, Assistant Planning Director, reviewed the conventional rezoning request for Commissioners.  She displayed overhead maps to review the site location, zoning and surrounding land uses and presented a history of rezoning previously done on the site.  Goals and plans relevant to the Imagine Currituck Land Use Plan and Moyock Small Area Plan were reviewed, and wetland layers showed areas of environmental significance on the property.  Ms. Voliva responded to Board questions pertaining to the wetlands, the Moyock Small Area Plan, and the current Heavy Industrial (HI) zoning.  Use comparisons noted more intense uses were allowable in the current HI zoning compared with the requested General Business zoning.

Staff recommended denial of the straight rezoning request, citing the absence of a development plan and conditions and an inability to protect wetland areas.  Conditional zoning is preferred, as requests can be tailored to protect sensitive areas.  The Planning Board recommended approval of the request because allowable uses are less intense in General Business zoning.

Kaylee Bynum, Applicant, addressed Commissioners.  She is the owner of Peaceful Waters in Moyock, which opened in 2018, and provides mental health services in the County.  She discussed the growth of the business that now serves over two thousand patients.  She hopes to build a wellness clinic on the site and needs the zoning approval to secure suitable financing.  Ms. Bynam said there are no plans for residential use on the property, and she discussed the type of facility and services she hopes to provide.  She asked the Board to consider approval of the request and responded to questions from Board members.

Harry Davis, Sussex Development of Virginia Beach, addressed the Board.  He noted the buildable area on site is at the front of the parcel, and that he had previously determined the site would allow for a maximum building size in the 6,000 square foot range.

Chairman White opened the Public Hearing.

Fred Peterson of Roland Creek Road said the services are needed and he wants the business to come, but is concerned with stormwater and flooding impacts to his home on Roland Creek.  He noted gunfire in the area and expressed concerns with building a walkway through the wetland area.

There were no other speakers and the Public Hearing was closed.

Commissioner J. Owen Etheridge followed the recommendation of the Planning Board and supporting policies, including Imagine Currituck Land Use Plan 2040 Infrastructure County Services Goal 1 and Goal 8 and Moyock Small Area Plan policies ST1 and ST2, and moved to recommend approval of PB 22-21: Green Meadows zoning map amendment because the request is consistent with the Imagine Currituck 2040 Vision Plan and the request will result in a less intensive zoning district; will result in future non-residential uses that will meet higher quality design standards along Caratoke Highway and community compatibility standards of the UDO; the request will reduce the potential for non-compatible, highway-oriented industrial uses.

The request is reasonable and in the public interest because the request will reduce the potential for adverse impacts of HI uses on nearby lands.  Looking at the list of allowable uses with current zoning, a slaughterhouse and adult entertainment would be permitted, among others.  The service to be provided is needed in Currituck County and although it is not known exactly what the business will look like, it is a health care facility which is allowed in GB.  The property adjoins existing GB so approval does not constitute spot zoning.

Commissioner McCord seconded the motion.

Commissioner discussion of whether the item should be considered for conditional rezoning prompted Chairman White to reiterate the applicant's need to secure financing to move forward with the project.  Discussion concluded and the motion passed, 6-0.

A brief recess was called at 8:42 PM.  The meeting reconvened at 8:51 PM.

  • MOVER: J. Owen Etheridge
    SECONDER: Kevin E. McCord
    RESULT: Approved

3.
PB 22-17 Currituck County

This item has attachments. 
1.22-17 CC FOOD TRUCK TA STAFF REPORT.pdf
2.PB 22-17 Food Trucks TA Application.pdf

Kevin Kemp, Development Services Director, presented the staff report for the amendment at the request of the Board of Commissioners pertaining to the operation of Food Trucks in the County.  He reviewed the text amendment language revisions, review standards, and presented goals and policies consistent with the land use plan.  Staff and the Planning Board recommended approval of the text amendment.

Mr. Kemp responded to questions pertaining to operations, certifications, sales tax collections, and Food Trucks competing with brick and mortar restaurants.

Chairman White opened the public hearing.  No one was signed up nor wished to speak and the Public Hearing was closed.

Commissioner Jarvis moved to recommend approval of PB 22-17: Currituck County (Food Trucks) because the request is consistent with Imagine Currituck Land Use Plan Economic Development Goal 1, Economic Development Policy 3.1, and Economic Development Goal 4.

Commissioner Payment seconded the motion.  The motion passed, 5-1, with Commissioner McCord opposed.

 

  • MOVER: Selina S. Jarvis
    SECONDER: Michael H. Payment
    RESULT: Approved

4.
PB 22-18 Currituck County

This item has attachments. 
1.County Exemption TA Staff Report.pdf
2.PB 22-18 County-County Schools UDO Exemption TA Application.pdf

Development Services Director, Kevin Kemp, used a powerpoint to review the text amendment language requested by Commissioners at the October, 2022 Fall Retreat.  The amendment would exempt county and school projects from the Unified Development Ordinance (UDO).  Text changes were presented and the intent of the change was reviewed, which is to allow some flexibility in building to provide services.  It is not intended to ignore impacts to neighboring properties or stormwater, and the county would follow the UDO as much as practicable.  Applicable goals and policies in the Imagine Currituck Land Use Plan were reviewed.  Staff and Planning Board recommended approval of the request.

Chairman White opened the Public Hearing.

Ryan Gauthier of Gander Drive opposed the County exempting itself and asked if there was a way to take care of issues as they arise.

No others wished to speak and the Public Hearing was closed.

Commissioner Jarvis moved to recommend approval of PB 22-18:  Currituck County Text Amendment-County Exemptions, because the request is consistent with Land Use Goal and Policy 4, Infrastructure and County Services Goals and Policies 1, 2, 3, 7, 7.1, 7.3, 8 and 8.1, and Parks and Recreation Goal and Policy 1.5.

The request is reasonable and in the public interest because it is consistent with the UDO and County Code of Ordinances and is consistent with the goals, objectives, policies, and action statements of the Imagine Currituck 2040 Vision Plan.

Commissioner Mary Etheridge seconded the motion. 

Commissioner J. Owen Etheridge shared his concerns with the text amendment and said it is not right to exempt the county from the rules.  Discussion concluded and the motion failed when the vote resulted in a 3-3 tie, with Commissioners J. Owen Etheridge, Kevin McCord, and Mike Payment opposed.

 

  • MOVER: Selina S. Jarvis
    SECONDER: Mary R. Etheridge
    RESULT: Denied

5.
PB 22-19 Currituck County

This item has attachments. 
1.1-Staff Report -TA Mining.pdf

Development Services Director, Kevin Kemp, reviewed the text amendment to address items related to mining operations.  Revisions to the language will extend notification requirements, require designation of land not included in the total site acreage, remove the ability for reduced setbacks, and remove the administrative approval of expansion of mining activities.

Mr. Kemp responded to questions from Commissioners related to the proposed changes.  Relevant Goals and Policies of the Imagine Currituck Land Use Plan were presented.  Staff recommended approval as did the Planning Board.

Chairman White opened the Public Hearing.  No one was signed up nor wished to speak and the Public Hearing was closed.

Commissioner McCord moved to recommend approval of PB 22-19:  Currituck County (Mining) because the request is consistent with Imagine Currituck 2040 Vision Plan, including Land Use Goal 2, Land Use Policy 2.6, Action CC-ACT-12, and Environment Goal 1.  Chairman White seconded the motion.

Commissioner J. Owen Etheridge was concerned with removal of the administrative process for mine expansion.  Commissioner Jarvis noted that citizens want to be heard due to mining being a major concern for residents.

Discussion concluded and the motion carried, 6-0.

  • MOVER: Kevin E. McCord
    SECONDER: Bob White
    RESULT: Approved

6.
PB 22-20 Currituck County

This item has attachments. 
1.1-Staff Report -TA MXR.pdf

Development Services Director, Kevin Kemp, reviewed the proposed text amendment with Commissioners.  Language changes and revised use tables were presented.  Compatibility with relevant Imagine Currituck Land Use Plan transect profiles were reviewed and applicable Goals and Policies were presented.  Both staff and the Planning Board recommended approval of the text amendment.

Chairman White opened the Public Hearing.  No one wished to speak and the Public Hearing was closed.

Commissioner Payment moved to recommend approval of PB 22-20:  Currituck County (MXR) because the request is consistent with Imagine Currituck 2040 Vision Plan including transect profiles, CC-ACT-44, Land Use Goal 2, and Land Use Policy 2.2.

Commissioner J. Owen Etheridge seconded the motion.  The motion passed, 6-0.

  • MOVER: Michael H. Payment
    SECONDER: J. Owen Etheridge
    RESULT: Approved

8.
New Business

 

1.
Board Appointments

 

a.
Albemarle Commission-Regional Advisory Council

 

Commissioner J. Owen Etheridge moved for approval to appoint Stacy Joseph to serve on the Albemarle Commission Regional Advisory Council.  Commissioner McCord seconded the motion and the motion carried, 6-0.

  • MOVER: J. Owen Etheridge
    SECONDER: Kevin E. McCord
    RESULT: Approved

2.
Consent Agenda

 

Commissioner Jarvis moved to approve the Consent Agenda.  Commissioner J. Owen Etheridge seconded the motion.  The motion carried, 6-0.

  • MOVER: Selina S. Jarvis
    SECONDER: J. Owen Etheridge
    RESULT: Approved

9.
Adjourn

 

The Board had no further business and Commissioner Payment moved to adjourn.  Commissioner McCord seconded the motion.  The motion carried, 6-0, and the regular meeting of the Board of Commissioners concluded at 9:35 PM.

  • MOVER: Michael H. Payment
    SECONDER: Kevin E. McCord
    RESULT: Approved

10.
Special Meeting-Tourism Development Authority

 

The Board of Commissioners held a Special Meeting to sit as the Tourism Development Authority immediately upon adjournment of the February 6, 2023, Regular Meeting.  The Special Meeting took place in the Board Meeting Room of the Historic Courthouse, 153 Courthouse Road, Currituck, North Carolina, for the purpose of considering budget amendments, revisions to Tourism's Events Grants program, and to review revisions to the Travel & Tourism Department's Business Inclusion policy.

The meeting was called to order at 9:35 PM.

1.
TDA-Budget Amendments

This item has attachments. 
1.BudAmends-TDA_Feb 6.pdf

Chairman White moved for approval of the Budget Amendments.  Commissioner Payment seconded the motion.  The motion carried, 6-0.  

  • MOVER: Bob White
    SECONDER: Michael H. Payment
    RESULT: Approved

2.
Event Grants Program Revisions

 

Tameron Kugler, Travel & Tourism Director, presented a brief review of the requested revisions to the Events Grants Program.  Following review, Commissioner Mary Etheridge moved for approval.  Commissioner Jarvis seconded the motion.  The motion carried, 6-0.

  • MOVER: Mary R. Etheridge
    SECONDER: Selina S. Jarvis
    RESULT: Approved

3.
Business Inclusion Policy Revisions

 

Commissioner Payment moved for approval.  Commissioner McCord seconded the motion.  The motion carried, 6-0.

  • MOVER: Michael H. Payment
    SECONDER: Kevin E. McCord
    RESULT: Approved

11.
Adjourn TDA

 

There was no further business and Commissioner McCord moved to adjourn.  Commissioner Jarvis seconded the motion.  The motion carried, 6-0, and the meeting of the Tourism Development Authority adjourned at 9:39 PM. 

  • MOVER: Kevin E. McCord
    SECONDER: Selina S. Jarvis
    RESULT: Approved

12.
Special Meeting-Ocean Sands Water and Sewer District Board

 

The Board of Commissioners held a Special Meeting to sit as the Ocean Sands Water and Sewer District Board following adjournment of the February 6, 2023, Regular Meeting.  The Special Meeting took place in the Board Meeting Room of the Historic Courthouse, 153 Courthouse Road, Currituck, North Carolina, for the purpose of considering budget amendments.

The meeting was called to order at 9:39 PM.

1.
OSWSD-Budget Amendments

This item has attachments. 
1.BudAmends_OSWSD_Feb 6.pdf

Chairman White moved to approve the budget amendment.  Commissioner Jarvis seconded the motion.  The motion carried, 6-0.

  • MOVER: Bob White
    SECONDER: Selina S. Jarvis
    RESULT: Approved

13.
Adjourn OSWSD Board

 

There was no further business and Commissioner Jarvis moved to adjourn.  Commissioner Mary Etheridge seconded the motion.  The motion carried, 6-0, and the meeting of the Ocean Sands Water and Sewer District Board adjourned at 9:40 PM. 

  • MOVER: Selina S. Jarvis
    SECONDER: Mary R. Etheridge
    RESULT: Approved
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