Legislative Briefing ~ 2.15.18

Legislative Briefing ~ 2.15.18

Currituck to Consider Off-Road Parking Permit –

MONDAY, FEBRUARY 19th at 6 p.m.

Currituck County Commissioners meet on Monday, February 19th at 6 p.m. Under New Business on the Agenda is the consideration of an Amendment to Chapter 10 of the Currituck County Code of Ordinances establishing a permitting system for beach parking. A public hearing will not be held on the issue; however, citizens are welcome to address the Board on any matter during the public comment period held at the start of the meeting. In statements to the press, Board members and County Manager Dan Scanlon discussed a possible May 1 effective date for a $50, 10-day permit/$150 annual permit. Property owners would not be required to have a parking permit. There is also no other information available at this time as to an implementation plan. OBAR and OBHBA have not taken a position on the issue.
A meeting will be held on Saturday, February 17th at 4 p.m. at the Carova Fire House for the purpose of receiving community input.
The Carova/Swan Beach Home Owners Group has disseminated the following information:
Once again, we are being threatened with access restrictions to the beaches of North Carolina.
Currituck County is planning to adopt an ordinance that will require all non-residents to purchase a permit to park on the beaches north of Corolla. The 10-day permit will cost $50.00 and an Annual Permit will cost $150.00, as it stands at this date.
There is a State Right-of-Way north of Corolla for Route 12 across the beach to the Virginia Line. Currituck County has acknowledged this in previous attempts to close the beaches to visitors.
They are now trying to restrict access by requiring a Parking Permit for those who want to stop along this State Right-of-Way. There is also the possibility that Currituck County will exempt ALL Currituck County Residents from this permit requirement, as they have in other regulations, such as 4-wheeler restrictions.
There has been little disclosure of this proposed action which could take place as early as the Board of Commissioners Meeting on February 19, 2018.
The media has been the only source of information about this action.
Under North Carolina law, a county can set their meeting schedule in January and not put it on their public calendar for the rest of the year, with the exception of special or called meetings which require public notice.
Since this proposed ordinance is classified as a “police matter” it does not require a public hearing.
Because of this, the Currituck County staff and the Commissioners are fine tuning this ordinance behind closed doors as I write this. The only input you will have is to email your concerns to:
1) the County Commissioners at: commissioners@currituckcountync.gov
2) Call their office at 252-232-2075 and let your position be heard. The fax number is 252-233-3551.
3) Plan to attend the County Commissioner’s Meeting on February 19, 2018. Location: 153 Courthouse Road, Currituck, North Carolina
Both State Senator Bill Cook and State Representative Bob Steinburg have provided the Commissioners with their input but neither has a say in the final outcome of this decision.
I urge you to question the right of the county to restrict access especially along a State Right-of- Way for Route 12 and their right to restrict parking on state property.
You do not have to be a resident of Currituck or North Carolina to address this issue!
You may address it as a visitor and how it may affect your future visits and expenditures for goods and services in Currituck County. Remember to point out that this area’s economy is based on tourism.
Please get involved! Send your comments by email today to the addresses listed above!
Thank you!
Bill Smith, NCBBA President

In the news:
The Daily Advance
Outer Banks Voice
Wavy TV



The NC Department of Insurance received a Dwelling insurance rate filing from the N.C. Rate Bureau on Wednesday, Feb. 7. The N.C. Rate Bureau, which is not part of the Department of Insurance, represents all companies writing property insurance in the state. The Rate Bureau requested a statewide average rate increase of 18.9 percent, varying by territory, with a requested effective date of Oct. 1, 2018. This filing includes a requested increase of 40.5 percent for extended coverage (wind) policies, but a decrease of 20.8 percent for fire polices, making the statewide average request an increase of 18.9 percent.
Dwelling insurance policies are not homeowners insurance policies. Dwelling policies are offered to non-owner-occupied residences of no more than four units, including rental properties, investment properties and other properties that are not occupied full-time by the property owner.
The Rate Bureau has also requested revisions to the current geographic rating territories. The proposed territory revisions are the same territory definitions applicable to homeowners’ policies.
The filing will be reviewed by Department of Insurance experts to determine what, if any, rate adjustments are warranted. If NCDOI and the Rate Bureau do not initially agree on the proposed rate changes, a public hearing will be called in which both parties would present their cases to a hearing officer, who would then determine the appropriate rate level.
The filing is available for public review on the Department of Insurance websiteandthe SERFF Filing Access. Enter the SERFF Tracking Number NCRI-131370773.
Opportunity for Public Comment
People wanting to comment on the rate request may do so in one of three ways:
-In person during a public comment forum from 10 a.m. to 4 p.m. on Friday, March 23, 2018, in the Second Floor Hearing Room at the Albemarle Building, 325 N. Salisbury St., Raleigh.
-By email sent to: 2018DwellingandFire@ncdoi.gov. Comments will be accepted through March 23, 2018.
-By mail sent to: N.C. Department of Insurance, Attn. Tricia Ford, Legal Division, 1201 Mail Service Center, Raleigh, NC 27699-1201.

OBAR and OBHBA are in the process of reviewing the filing and compiling Talking Points.
They will be distributed soon.
For more information:
Territories and Rates
2018 Dwelling Filing

2018 Candidate Filing

The candidate filing period for County and State offices opened on Monday and runs through February 28th. Click here for a complete list of who has filed to run for office by county statewide.

Comment on Off-Shore Oil Drilling

The Town of Kill Devil Hills has developed a page on their website detailing the US Bureau of Ocean Energy Management’s comment period on a plan that would open all Atlantic Ocean waters bordering the east coast of the United States to offshore oil drilling.
The comment period on the five year plan ends on March 8, 2018.
For more information and a link to the email comments.
The town of Nags Head posted a similar page on their site.

The Bureau of Ocean Energy Management will be holding an information forum about the plan on February 26th at the Hilton North Raleigh Downtown, located at 3415 Wake Forest Drive. The Outer Banks Chamber of Commerce is coordinating an effort to take people by bus to the meeting. For info on the buses please follow this link.
The Raleigh meeting is for informational purposes only and will provide an opportunity for attendees to ask questions and interact with BOEM staff.

Town/County Updates

Duck – Town Council and the Planning Board will hold a special joint meeting on Wednesday, February 21st at 10 a.m. during Council’s Planning Retreat to discuss a Memorandum on standards regulating the maximum size and occupancy of residences. The meeting is open to the public and will be held in the Paul F. Keller Meeting Hall, 1200 Duck Road adjacent to Town Hall. The Planning Board is seeking further guidance from Council on what needs to be added or modified to the current tier based ordinance that is tied to septic permitting to regulate occupancy of a residence. The full Council Retreat agenda can be found here:

Town Council conducted the following public hearings last week and took the following action:

•Approved unanimously a conditional use permit to convert a small portion of the existing Growlers to Go retail business into a four-seat eating/drinking establishment in the Loblolly Pines shopping center.

•Approved an expedited review process for specified types of small subdivisions in Subsection 155.02 and also approved adding an informal internal review process from a building inspector’s decision in Chapter 151, the Buildings & Structures Ordinance. Both changes bring the Town in compliance with recently adopted N.C. Session Law 2017-130.

Nags Head – Commissioners made the following appointments last week:
•Planning Board – Megan Vaughan.
•Board of Adjustment – Bobby Gentry; the Alternate position will be filled at the February 21st Board meeting. The Board reappointed Jack Cooper as Chair and Margaret Suppler as Vice-Chair.
•Town Stormwater Committee – Commissioner Mike Siers.
•Dangerous Animal Appeal Board – Mayor Ben Cahoon.
•Albemarle Rural Planning Organization (ARPO) – Transportation Advisory Committee –Mayor Ben Cahoon
The Board meets next Wednesday and will hold a Flood Map Workshop following their meeting to provide staff direction concerning the actions to take on the new flood maps.


Advocacy, Legislative Briefing