SHALLOTTE BOARD OF ALDERMEN
REGULAR MEETING
MAY 1, 2012
PRE-AGENDA
5:15 P.M.
The Shallotte Board of Aldermen met for a pre-agenda and a regular meeting on May 1, 2012 at 5:15 p.m. in the meeting chambers located at 110 Cheers Street with Mayor Sara McCullough presiding.
Aldermen present: Larry Harrelson, Alan Lewis, Carson Durham, Walt Eccard and Jimmy Bellamy
Aldermen absent: None
Staff present: Mimi Gaither, Laura Thompson, Albert Hughes, Allen Serkin, Paul Dunwell and Scott Branning
Staff absent: Sandy Strickland and Rodney Gause
I. CALL TO ORDER
Mayor McCullough called the meeting to order. A motion was made by Walt Eccard seconded by Jimmy Bellamy to open the meeting. Motion carried 5 yes 0 no.
II. INVOCATION & PLEDGE
Reverend Ernst gave the Invocation followed by the Board and audience reciting the Pledge of Allegiance.
III. DEPARTMENT REPORTS
The monthly reports have been attached as a permanent record of these minutes.
a. Police
b. Fire
c. Planning
d. Fire Marshal
e. Public Works
f. Administration – (Brunswick Senior Resources Inc.) This item is under the regular discussion portion of the meeting, however with a few moments before the regular meeting begins, a brief discussion was held on the request to consider approval of a cooperative parking plan and three (3) cooperative parking agreements to allow Brunswick Senior Resources, Inc. (BSRI) to relocate the Shallotte Senior Center and the current headquarters in Bolivia to 3620 Express Drive. Mayor McCullough mentioned she has received a few phone calls from seniors stating their concerns over the potential danger of crossing the by-pass in order to get to the building. Attorney Thompson stated with her conversations with the Assistant & Assistant County Attorney’s, they were in agreement for a twenty year parking agreement rather than a five (5). In addition, the Brunswick County Board of Commissioners have not even reviewed this agreement, therefore the Town is not in a position to act on this request tonight.
IV. REGULAR AGENDA QUESTIONS/DISCUSSION
V. RE-CONVENE TO REGULAR MEETING – 6:00 P.M.
REGULAR MEETING AGENDA
MAY 1, 2012
6:00 P.M.
I. AGENDA AMENDMENTS & APPROVAL OF AGENDA
A motion was made by Alan Lewis seconded by Carson Durham to move item #4 Brunswick County Senior Resources, Inc. to item #1 under discussion. Motion carried 5 yes 0 no.
II. PUBLIC COMMENTS (3 minutes or less per person please)
Mr. Kendall Hardee wanted to thank the Board for all the help that has been provided in the undeveloped areas of River’s Edge, they have been seeing a lot of activity going on there.
III. PUBLIC HEARING (1)
1. 3783 BILL HOLDEN DR REZONING TO CW (P&Z #12-0009) - Property owner C. Larry Holden has submitted a petition to rezone ±1.27 acres located at 3783 Bill Holden Dr. (tax parcels 23000017 & 230BA046) from Residential (RM-10) to Commercial Waterfront (CW). The property contains the buildings, docks, and parking for Larry Holden’s Seafood. The CW district permits a variety of water-related uses such as marinas, seafood markets, and boat storage, as well as other limited commercial uses, including restaurants and retail.
2. A motion was made by Jimmy Bellamy seconded by Walt Eccard to open public hearing (1). Motion carried 5 yes 0 no.
3. Public comments/questions –No comments were made.
4. A motion was made by Carson Durham seconded by Walt Eccard to close public hearing (II). Motion carried 5 yes 0 no.
5. A motion was made by Carson Durham seconded by Jimmy Bellamy to approve the Zoning Statement. Motion carried 5 yes 0 no.
6. A motion was made by Walt Eccard seconded by Carson Durham to approve Property owner C. Larry Holden’s petition to rezone ±1.27 acres located at 3783 Bill Holden Dr. (tax parcels 23000017 & 230BA046) from Residential (RM-10) to Commercial Waterfront (CW). The property contains the buildings, docks, and parking for Larry Holden’s Seafood. The CW district permits a variety of water-related uses such as marinas, seafood markets, and boat storage, as well as other limited commercial uses, including restaurants and retail. Motion carried 5 yes 0 no.
IV. PUBLIC HEARING (2)
1. PLANNING BOARD ADMINISTRATIVE PROVISIONS UDO AMENDMENT (P&Z#12-0015) – Town staff has initiated a text amendment to Article 3 of the Unified Development Ordinance (UDO) updating and modifying many of the administrative duties, conduct, and procedural requirements of the Planning Board. The update also includes minor revisions to the administrative duties of the Board of Aldermen and Board of Adjustment.
2. A motion was made by Carson Durham seconded by Alan Lewis to open public hearing (2). Motion carried 5 yes 0 no.
3. Public comments/questions – There were no comments made.
4. A motion was made by Larry Harrelson seconded by Jimmy Bellamy to close public hearing (2). Motion carried 5 yes 0 no.
5. A motion was made by Jimmy Bellamy seconded by Walt Eccard to approve PLANNING BOARD ADMINISTRATIVE PROVISIONS UDO AMENDMENT (P&Z#12-0015) – Town staff has initiated a text amendment to Article 3 of the Unified Development Ordinance (UDO) updating and modifying many of the administrative duties, conduct, and procedural requirements of the Planning Board. The update also includes minor revisions to the administrative duties of the Board of Aldermen and Board of Adjustment. Motion carried 5 yes 0 no.
V. CONSENT AGENDA
Mayor McCullough asked that the April 3, 2012 regular meeting minutes and the April 25, 2012 budget workshop notes be postponed until the next regular meeting. There were several amendments and since Town Clerk Sandy Strickland is not in attendance, these will be placed on our June 5, 2012 agenda. The Board was in agreement.
1. A motion was made by Alan Lewis seconded by Jimmy Bellamy to approve the following items:
§ Proclamation declaring April 29-May 5, 2012 as Municipal Clerk’s Week
§ Proclamation declaring May 3, 2012 as “A DAY OF PRAYER IN SHALLOTTE”
§ Audit Contract – Isaac Norris, Jr. CPA
Motion carried 5 yes 0 no.
VI. DISCUSSION ITEMS
1. Brunswick Senior Resources Inc. (BSRI) - Consider approval of a
cooperative parking plan and three (3) cooperative parking agreements to allow Brunswick Senior Resources, Inc. (BSRI) to relocate the Shallotte Senior Center and the current headquarters in Bolivia to 3620 Express Drive (PID 1810005810).
BACKGROUND/PURPOSE OF REQUEST: Jim Fish, Executive Director of BSRI, has submitted an application for Cooperative Parking Plan approval to relocate the Shallotte Senior Center and the BSRI headquarters to the existing 21,269 SF building at 3620 Express Drive. The building is the site of the former Exquisite Glow Lighting store. The uses from the parking table that are proposed on the site are "Services for elderly and disabled" and "Office or bank building, stand-alone," both of which require 1 space per 250 SF of Gross Floor Area. Therefore, the total parking requirement for the proposed change of use is 85 spaces. Currently only 45 spaces exist on site. An additional 20 spaces are proposed to be added on site within existing paved areas, resulting in a parking deficiency of 19 spaces. UDO Section 20-2(B) permits off-street parking requirements to be met with off-site, off-street parking of other uses under certain conditions. BSRI proposes to enter parking agreements with 3 adjacent property owners to provide the necessary 19 spaces. All proposed spaces are sufficiently close to the proposed BSRI building to qualify. The spaces at Coastal Vineyard Church (3610 Express Drive) will be in use at different times. The proposed spaces at Southeastern United Care (3640) and Seashore Pediatrics (3660) are new spaces separate from the existing spaces currently dedicated to the existing uses. Staff believes that the proposed spaces are satisfactory to qualify as cooperative parking.
However, after consultation with the Town Attorney and Town Administrator, staff has serious concerns about the proposed parking agreements submitted. The UDO requires all property owners and any other party with a legal interest (like tenants) to be party to the agreement. Therefore, staff recommends that the agreements be modified to include all owners and tenants, most particularly Brunswick County.
The UDO also requires to any agreement with less than a 20-year term to be approved by the Board of Aldermen rather than the Planning Board. The UDO also states that any expiration or other termination of the lease agreement will make the use reliant on the parking agreement noncompliant and subject to termination of permits. The 20-year term helps protect the applicant and the Town and from a forced closure due to a violation of minimum required parking. The lease term proposed by the applicant is five years, with an automatic termination should the leased property be sold and with no recourse or penalty for breach of contract. Staff does not believe that this provides sufficient protection for any party. Staff believes this is particularly problematic in the proposed situation, where the County is proposing to purchase the property for the applicant's use. Staff believes this puts the County at significant risk and recommends that the Board not approve such language without clear indication from the County that it understands and is willing to accept this risk. Further, a governmental agency like the County is likely to use the property for far longer than another property owner. Given the current situation, staff believes that the Board should be very careful about approving such an agreement with such short lease terms. As a point of comparison, the City of Wilmington allows similar cooperative parking arrangements, but typically only with a 99-year lease that transfers with property ownership. Therefore, staff recommends that the agreements be modified to a minimum 20-year term that is transferrable with title. The Planning Board did approve the parking plan subject to some revisions which now meet staff approval and also that the agreements satisfactory by the Town Attorney.
Jim Fish, Executive Director of Brunswick Senior Resources Inc., approached the Board. While he appreciates all the time and effort that has been put into the parking agreement, he feels that some of the participants would not sign for a twenty (20) year lease. He respectfully asks the Board to follow the same precedence that was followed with the church recently for five (5) years. He feels he has faced numerous obstacles. He noted the current building is 4,200 sq. feet and built in the 1950’s, the parking is horrendous as well as dangerous to pull out on highway 17. Feels the Board should reach a conclusion this evening so the County Commissioners can sign the agreement at their next meeting and hopefully they could have the building occupied by the summer, if not they will lose this money. He stated the Town of Shallotte is painfully aware this is a one shot deal, the county commissioners have not given them any other options and if it’s not this building, the County isn’t offering to spend $3,000,000 in the Town of Shallotte to build a senior center. We need to get this done, it’s important and it needs to happen. It’s something they deserve. This is a non-profit organization. Time is short and he respectfully requests to follow the precedence already set with the church. Mayor Sara McCullough stated to Mr. Fish, I can assure you that beyond a shadow of a doubt there’s not one person in this room, staff or board that wishes to put up a roadblock to getting the senior center. We are just asking that you remain in compliance by trying to do what your attorney and our attorney should not be conveyed as us trying to throw a roadblock into what you are trying to do. She further stated she would be the first cheerleader out there in support hoping the seniors would get a new center and now those comments can be put to rest. Turning to Attorney Thompson, the Mayor asked her to relay what she has learned from the County Attorney and if the Board went ahead with approval of this agreement tonight, we would be voting against what was recommended by the County Attorney. The original agreement only had parties where the lessee (Mr. Fish) was leasing the property when in fact the County had to be party to the contract since they would be the owner of the building. The Planner and staff had concerns with a parking agreement for less than twenty (20) years. After talking with both the Assistant and County Attorney, both recommended a twenty (20) year lease and the contract runs with the land. Mr. Fish stated he already has three (3) property owners that have signed the agreement and is very concerned they will not agree to an additional fifteen (15) years. Aldermen Eccard stated there would have to be a valid agreement, clearly all the changes have to be done. The County and Town Attorney have both recommended the proposed amendments and no one has agreed this agreement had to be signed tonight. Mr. Marti Cooke, Brunswick County Board of Commissioners, approached the Board. Feels this building is the perfect place for the senior center. With the space, loading dock, etc. perhaps maybe there is a variance that could be set, with this being a non-profit agency. It’s an ideal opportunity and would like to see this move forward. He noted he is not speaking on behalf of the Commissioners, but could answer questions directed at him. Trying to bring something to the economy and do away with what’s currently being used. The Mayor asked if the Commissioners and Mr. Fish have been involved in any discussions with the property owner located behind the building to secure additional parking. Mr. Fish stated he has not been privy to any conversations of that nature. Allen Serkin stated that a 21,000 square foot building generates a lot of required parking spaces, and then when you add 60-70 seniors plus the staffing from Brunswick County, this is something that cannot be overlooked. BSRI staff consists of twelve (12) employees with an average of twenty-nine (29) vehicles. Alderman Harrelson stated this request would take some time, so why not talk with the other property owners about the longer parking agreement, look at the impervious surface areas, while the Town could investigate a possible text amendment, which could take 2-3 months. Alderman Lewis questions the addition of nineteen additional spaces on a non-pervious surface; he was intrigued with Alderman Durham’s suggestion that we take a look at our ordinance. Alderman Eccard is extremely uncomfortable going against the County and Town Attorney’s recommendations. Alderman Lewis would like to hear from the adjacent property owners on the possibility of a twenty (20) year parking agreement. Basically they are giving up their rights to parking. When this ordinance was revised, he stated he had issues with an agreement that long and wondered how he as a business owner could obligate somebody else to park on my property for twenty (20) years. A ten year period would be a little more palatable and east to forecast. There are 11,000 square feet located upstairs, with BSRI hoping to use half of this space. It was suggested that maybe the easiest solution to this situation for the time being, would be to use only the first floor for the senior center and move the BSRI at some future point. In this scenario, the Town would not even need to review/approve the parking agreement. Mr. Fish continued stating he hopes a decision can be made tonight. He thinks it will be a benefit for the BRSI headquarters to be located in Shallotte. He stated he personally doesn’t want to stand in the way of the seniors being able to move into the first floor of the building. Alderman Eccard stated, respectfully, that he takes exception that the obstacles tonight are due to the Town. This Board has spent their time tonight and offered multiple options, asking which would work best for you. Alderman Eccard made a motion seconded by Larry Harrelson to authorize Town Staff to work with Brunswick County to figure out how to bring the building into compliance, pick the option that works best for you, so long as the current requirements are met and we get the right signatures on agreement, move forward with five year agreement and the town will continue to work on our end to find a long term solution. The five year term will run with the property. Motion carried 5 yes 0 no.