SHALLOTTE BOARD OF ALDERMEN
REGULAR MEETING
AUGUST 17, 2004
7:00 P.M.
The Shallotte Board of Aldermen met for a regular meeting on August 17, 2004 at 7:00 p.m. in the council chambers of the Shallotte Town Hall with Mayor Gerald Long presiding.
Aldermen present: Sara McCullough, Rick Branning, Buddy Kelly, Jim Roach and Jerry Jones
Aldermen absent: None
Staff present: Sandy Hewett, Tim Owens and Attorney Laura Thompson
I. CALL TO ORDER
Mayor Long called the meeting to order. A motion was made by Sara McCullough seconded by Jim Roach to open the meeting. Motion carried 5 yes 0 no.
II. INVOCATION & PLEDGE
Reverend Westinghouse gave the Invocation followed by the Board and audience reciting the Pledge of Allegiance.
III. PUBLIC HEARINGS
A motion was made by Rick Branning seconded by Jim Roach to open the public hearing portion of the public hearing. Motion carried 5 yes 0 no.
1. Marie Harrison & Dr. Malcolm Rourk, Jr. have requested annexation of 113.49 acres located on Highway 179 (parcel 21300041, portion of). A zoning change from RA-15/RAM-15 to R-10 has also been requested. Administrator Owens explained that the required advertisement for the Harrison/Rourk annexation/rezoning was advertised incorrectly. Due to time constraints, representative Buddy Milliken has asked the Board to favorably approve the annexation portion of this request, since that was advertised properly. Real Estate Agent John Kinlaw asked the Board to consider an R-15 zoning tonight, stating that if a zoning had not been requested by the applicant, this would be the zoning awarded by the Town. Attorney Thompson advised the Board that a zoning change should not take place tonight, since it was not properly advertised for either R-10 or R-15. She stated her preference is to handle the annexation and rezoning at the same time at our next regular meeting. The Board asked Mr. Kinlaw if he was under a deadline and he commented yes that the sale was contingent upon the annexation and rezoning. The Board was in agreement that both requests should be handled simultaneously at our next meeting and apologized for the advertising error.
2. W.T. Russ, Jr., Billie Jean Milligan & Lisa R. Tuggle have requested annexation of 23 acres located on US 17 South (parcel 2130001207). A zoning change from C-LD/R-7500 to Highway Business has also been requested. No comments were made concerning this request.
3. Zoning Map Amendments: White Street – Between Farm Bureau Tract and Coastal Federal – Parcel 1820017201 and 18200172 owned by David Moore and Elba Hawes – Rezoned from HB to R-10
4. North End of Town – Allen Cheers, parcel 1820013115 & 1820013116, rezoned from B2 to RAM-15
5. US 17 Near Black’s Tire – Willford Williamson, parcel 18200074 rezoned from B2 to RAM-15
6. Pine Street – Jay Houston, parcel 198AA00702 (small easement) rezoned from R-10 to HB
7. Northside Drive and 17 By-Pass, Tim Powell parcel 1820005402 rezoned from HB to I
Items 3-7 were also advertised incorrectly. The Board has decided to table these requests and re-advertise the rezonings.
A motion was made by Buddy Kelly seconded by Jerry Jones to close the public hearing portion of the meeting. Motion carried 5 yes 0 no.
IV. PUBLIC COMMENTS
There were no public comments.
V. AGENDA AMENDMENTS
A motion was made by Rick Branning seconded by Jerry Jones to add item #1- RFP’s for Water/Sewer Rate Study under Public Works Department Old Business. Motion carried 5 yes 0 no.
VI. CONSENT AGENDA
A motion was made by Sara McCullough seconded by Buddy Kelly to approve the following consent agenda items:
- August 3, 2004 regular meeting minutes
- Budget adjustment BA-04-05-04
- 10.3975.0000 Appropriated Fund Balance (debit $24,845.27)
- 10.4200.7405 Software & Training (credit $24,845.27)
- NC Governor’s Highway Safety Program Local Government Resolution
Motion carried 5 yes 0 no.
VII. PUBLIC HEARING ACTION
1. Marie Harrison & Dr. Malcolm Rourk, Jr. have requested annexation of 113.49 acres located on Highway 179 (parcel 21300041, portion of). A zoning change from RA-15/RAM-15 to R-10 has also been requested. A motion was made by Buddy Kelly seconded by Rick Branning to re-advertise the annexation/re-zoning public hearing for the Harrison/Rourk tract. Notices will also be re-mailed to the adjoining property owners notifying them of the public hearing, which has been scheduled for September 7, 2004. Motion carried 5 yes 0 no.
2. W.T. Russ, Jr., Billie Jean Milligan and Lisa R. Tuggle have requested annexation of 23 acres located on US 17 South (Parcel 2130001207). A zoning change from C-LD/R-7500 to Highway Business has also been requested. A motion was made by Jerry Jones seconded by Jim Roach to approve the annexation of 23 acres located on US 17 South as requested by W.T. Russ, Jr., Billie Jean Milligan and Lisa R. Tuggle. A zoning change from C-LD/R-7500 to Highway Business has also been granted. Motion carried 5 yes 0 no.
3. Zoning Map Amendments: White Street – Between Farm Bureau Tract and Coastal Federal – Parcel 1820017201 and 18200172 owned by David Moore and Elba Hawes – Rezoned from HB to R-10
4. North End of Town – Allen Cheers, parcel 1820013115 & 1820013116, rezoned from B2 to RAM-15
5. US 17 Near Black’s Tire – Willford Williamson, parcel 18200074 rezoned from B2 to RAM-15
6. Pine Street – Jay Houston, parcel 198AA00702 (small easement) rezoned from R-10 to HB
7. Northside Drive and 17 By-Pass, Tim Powell parcel 1820005402 rezoned from HB to I
A motion was made by Sara McCullough seconded by Jerry Jones to re-advertise the zoning map amendments as listed in items 3-7. Notices will also be re-mailed to the adjoining property owners notifying them of the public hearing, which has been scheduled for September 7, 2004. Motion carried 5 yes 0 no.
VIII. ADMINISTRATION DEPARTMENT
A. Old Business
1. Repeal Zoning Chapter 153 – A motion was made by Sara McCullough seconded by Rick Branning to schedule a public hearing for September 7, 2004 in order to repeal in it’s entirety Chapter 153- Zoning of the Town of Shallotte Code of Ordinances. This chapter has been replaced by the new UDO. Motion carried 5 yes 0 no.
2. Pier/Dock Project Update – A motion was made by Rick Branning seconded by Sara McCullough to allow the Town Administrator to present the pier/dock project to Brunswick Electric Membership Corporation for their review. Motion carried 5 yes 0 no. At a later point, East Coast Engineering will be able to proceed to obtain a CAMA permit. Motion carried 5 yes 0 no.
3. River’s Edge Water/Sewer Dedication – A motion was made by Buddy Kelly seconded Jim Roach to approve the dedication of water/sewer lines as presented by River’s Edge. Motion carried 5 yes 0 no. Attorney Thompson wanted to make sure the Board was clear on the fact that this is based on River’s Edge conveying the deeds on who they say owns the property. Motion carried 5 yes 0 no.
4. Brierwood Road – A motion was made by Sara McCullough seconded by Jim Roach to proceed forward with the possible acceptance of Brierwood Road, from the putting green to Fairway Drive. The developers of Brierwood have recently patched this portion of Brierwood Road and would like the Town to consider taking over the improved roadway. The Board was in agreement that this will not include any cart paths and our Attorney will investigate the legality of using the right-of-way for the cart paths. Administrator Owens will contact Chris Lane to proceed with the property paperwork to carry out the annexation. Motion carried 5 yes 0 no.
5. Feasibility Study of I-74 – A motion was made by Jim Roach seconded by Jerry Jones to forward a letter in support of the I-74 feasibility study (TIP R-3436). Alderman Branning had some concerns that a new interstate would replace the Shallotte by-pass. Motion carried 4 yes 1 no. Alderman Branning voting in the negative.
6. Purchasing Policy Amendment – A motion was made by Sara McCullough seconded by Jim Roach to approve an amendment to Section 5.05 – Credit Cards of the Purchasing Policy. The amendment basically states that if a credit card has been obtained and a receipt is turned in along with the credit card after use, a purchase order will not be necessary. Motion carried 5 yes 0 no.
7. Mulberry Creek Water/Sewer/Street and Lot Dedication – A motion was made by Jim Roach seconded by Jerry Jones to approve the dedication of water/sewer/streets and Lot 16 (off Holmes Street) in Mulberry Creek Subdivision. Alderman Branning had concerns about the turn around area at the end of the cul-de-sac. Attorney Thompson also wanted to clarify deed book and page numbers, but that will not prohibit us from adopting the resolutions tonight. Motion carried 4 yes 1 no. Alderman Branning voting in the negative.
B. New Business
C. Other
IX. PLANNING DEPARTMENT
A. Old Business
B. New Business
1. Recommendations
a. Access Storage Site Plan/Conditional Use Permit Modification – A motion was made by Sara McCullough seconded by Buddy Kelly to schedule a public hearing on September 7, 2004 to review the site plan and conditional use permit modifications as requested by Access Storage. Motion carried 5 yes 0 no.
C. Other
X. PUBLIC WORKS DEPARTMENT
A. Old Business
1. RFP’S for Water/Sewer Rate Study – Administrator Owens is to contact low bidder, Hobbs, Upchurch and Associates and schedule a workshop to ask questions and determine if the bid they quoted matches up with the project/RFP the Town sent out.
B. New Business
C. Other
XI. FIRE DEPARTMENT
A. Old Business
B. New Business
C. Other
XII. POLICE DEPARTMENT
A. Old Business
B. New Business
C. Other
XIII. FYI INFORMATION
1. 40 ft. height moratorium expiring September 2, 2004
2. Shallotte Fire Marshal monthly report
3. Shallotte Fire Department monthly report
XIV. BOARD MEMBERS AGENDA
Alderman Kelly asked if anything had been done concerning the Administration vehicle? Administrator Owens stated that Sandy Hewett and Mimi Gaither were working on this.
Alderman McCullough commented on a May 25, 2004 letter from the State. She would like Engineer Dave Bowman to fax to the Town what he’s done regarding their concerns.
Alderman Roach asked if the Town was still interested in a Brierwood Street lighting plan. If we are, we should move it to a future agenda. He also asked when the Powell Bill map is updated. Administrator Owens stated that usually the map is updated around July 26th of each year. Alderman Roach also asked if the Board was interested in having someone make a presentation at a future meeting concerning the Global Messenger Training program, concerning the NC Special Olympics. The Board was very interested and asked Mr. Roach to contract the appropriate individual.
Alderman Branning wanted to thank the employees and volunteers for all their assistance during Hurricane Charley.
Alderman Jones commented on an end of maintenance sign located on East Coast Lane. Administrator Owens will turn this over to Public Works Director Albert Hughes. Mr. Jones also asked if adopting the new UDO resolved the 40 ft. height limitation concerns and Mr. Owens stated that it had. Alderman Jones asked if the Town was looking into the drainage problem at the Peterson residence? Administrator Owens believes a contracting company crushed a culvert and is looking to correct the problem.
Alderman Branning would like to see the Town cease the practice of installing drainage pipe.
XV. CLOSED SESSION
1. Real Estate
2. Personnel
A motion was made by Jerry Jones seconded by Buddy Kelly to go into closed session to discuss a real estate and personnel matter. Motion carried 5 yes 0 no.
A motion was made by Jerry Jones seconded by Rick Branning to resume regular session. Motion carried 5 yes 0 no. No action was taken during closed session.
A motion was made by Sara McCullough seconded by Rick Branning to remove Andrew Thompson from probationary status, grant him full benefits as well as a 3% salary increase. Mr. Thompson’s salary will increase from $11.11/hour to $11.45/hour. Motion carried 5 yes 0 no.
A motion was made by Jim Roach seconded by Jerry Jones to offer Bill Sutton the position of Interim Town Administrator, paying is mileage/travel time to/from Shallotte as well as working Tuesday thru Thursday of each week. Motion carried 5 yes 0 no.
XVI. ADJOURN
A motion was made by Buddy Kelly seconded by Jim Roach to adjourn the meeting at 9:00 p.m. Motion carried 5 yes 0 no.
Respectfully submitted,
______
Sandy Hewett, CMC Date