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Atlantic Beach delays action on festival easement after questions about oceanfront lot sales
Summary
The Town of Atlantic Beach postponed a decision on a proposed amendment to a festival easement that would limit musical events after council members and the town attorney raised questions about definitions, commercial activity and impacts on local businesses; the council moved into closed session to consult the attorney about recently sold oceanfront parcels.
Mayor A. B. Cooper, III and the Atlantic Beach Town Council agreed Monday to delay action on a proposed amendment to a festival easement tied to recently sold oceanfront lots and to consult with the town attorney in closed session.
The council considered a revision proposed by FMB at the Grove that would limit use of the center lot on the boardwalk to “three musical events per year.” Town Attorney Derek Taylor told the council the existing easement allows unlimited events and recommended clarifying language so that town-run music festivals — which traditionally include T-shirt and concession sales — are not treated as prohibited commercial activity under covenants affecting nearby eastern lots. Mayor Cooper said the proposed restriction appeared intended to prevent daily music or food-truck events that could compete with local businesses.
Councilmembers voiced concern that a strict three-event cap could bar established local festivals. Councilmember Joseph Starling suggested the council might decline to purchase two west-end parcels if terms constrain municipal events; Councilmember Danny Navey said town events generally benefit local businesses and asked for clearer definitions. Attorney Taylor noted the town’s purchase deadline for the adjacent parcels is May 1 but said staff believed an extension might be obtainable to avoid breaching a contract.
Shannon Fields, attending via Zoom, asked about the parcels sold to James Bunn and adjoining properties; Mayor Cooper said the council would discuss the matter with counsel in closed session and invited residents to email him or the town clerk with contact information for follow-up. Mr. Bunn was not present; Mayor Cooper said Mr. Bunn’s wife, Gina, attended and had expressed concern about competition with existing businesses. The council took no final action on the easement amendment and delayed further consideration until Mr. Bunn could attend and provide clarification.
The council then entered closed session under N.C. General Statute 143-318.11(a)(3) to consult with the town attorney and reconvened in open session later the same evening without recording any open-session action on the purchase or easement amendment.
