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Atlantic Beach council debates deed restrictions on Circle parcels as boardwalk project advances
Summary
Councilmembers debated whether deed restrictions tied to town-owned Circle lots limit future uses and whether to renegotiate with property owner Fred Bunn; council authorized a closed-session consultation with the town attorney and directed a small group to meet with Bunn and prepare a draft amendment.
A dispute over deed restrictions on two town-owned parcels at the Circle surfaced as elected officials weighed whether the restrictions unduly limit the town's ability to build and operate a festival or stage area.
Councilmembers Austin Waters and Renea Baker urged the town to press property owner Fred Bunn to remove or loosen limitations placed on the lots, arguing the restrictions constrain the town's future options and event capacity. Councilmember Joey Dean said the original purpose of purchasing the lots was to prevent construction and preserve public access and cautioned that the council may not have legal standing to delay the current boardwalk project based on the deed issue.
Attorney Jane Gordon told the council they could discuss contract negotiations in closed session under N.C.G.S. 143-318.11(a)(3) to protect attorney-client privilege. The council voted unanimously to add a closed session to the agenda, entered closed session at 7:16 p.m., and exited at 8:58 p.m. The minutes state no formal action was taken in closed session. Afterward, council consensus directed Mayor Danny Navey, Mayor Pro Tem Harry Archer and Councilmember Austin Waters to meet with Fred Bunn and work with Attorney Gordon to draft a proposed amendment before the next council meeting.
Planning staff had asked the council and Bunn to resolve the restriction question before the Planning Board made a related decision. The minutes record that Bunn signed a Waiver of Conflict and that the town's prior purchase documents involved the firm Kirkman, Whitford, Berryman, Gordon & Brown, P.A., though no firm representative worked on the property transfer or drafted the covenants in question for the town.
The council did not take a final vote on modifying the deed restrictions at the Jan. 26 meeting; instead members agreed on a process to pursue negotiation with the property owner and outside counsel.
