Regular Council Meeting Minutes
August 4, 2009
Page 4
Town of Surf City
Regular Council Meeting Minutes
August 4, 2009
Mayor Guy called the regular monthly meeting of the Surf City Town Council to order at 7:00 p.m. Mayor Pro Tem Medlin gave the invocation, and Councilman Curley led the Pledge of Allegiance. Also present for the meeting were Councilwoman Albury, Councilmen Helms and Fowler, Attorney Charles Lanier, Town Manager J. Michael Moore, Finance Director Jane Kirk and Town Clerk Patricia Arnold.
Beautification and Appearance Recognitions
Mayor Guy presented the Proclamations for the Home of the Month for August to George & Lila Price for their property located at 420 N. New River Drive and the Business of the Month for August to Surf City Wine & Cheese at 602 N. New River Drive.
Approval of Minutes
Minutes of the July 7, 2009 Regular Meeting were recommended for approval by Town Attorney Charles Lanier. Motion was made by Councilman Fowler and seconded by Councilman Helms to approve as presented and was carried unanimously.
PUBLIC HEARING
Mayor Guy recessed the regular council meeting at 7:06 P.M. to open the public hearing for comment on Comprehensive Transportation Plan for the Topsail Area.
Tyler Bray, Triangle Planning Group of NCDOT gave an update on the Transportation Plan and solicited comment from the Council and Citizens.
Councilman Helms asked about the Bridge.
Mr. Bray stated that in regards to CTP that was a different project and their information would be shared but not part of this study.
Randy Cox, Topsail Beach, asked if the bike paths would go from Hwy 50 to Holly Ridge or only Topsail Beach.
Mr. Bray stated that it would only go toward Topsail Beach.
Public Hearing was closed at 7:16 P.M.
Motion was made by Councilman Helms and seconded by Councilman Fowler to approve Resolution Adopting the Comprehensive Transportation Plan as presented and motion was carried unanimously.
Tax COllection Statement
Finance Director Jane Kirk stated that every year the Town must do a tax settlement statement saying how much tax the Town billed for, how much was collected, and the balance that was owned. The Total base amount billed was $3,533,243.49. The balance owed on June 30 was $84,607.28, which is a 97.61% collection rate. Copy of statement is attached to these minutes.
Tax Releases
Finance Director Jane Kirk presented a list of tax releases that were initiated by the County due to clerical errors.
Councilman Helms made the motion to approve the tax releases. Motion was second by Councilwoman Albury and unanimously approved. List of released taxes are attached to these minutes.
Charge to the town of Surf City Tax Collector
Councilwoman Albury made the motion to approve the 2009 Charge to the Town of Surf City Tax Collector. Councilman Fowler seconded motion and motion was carried unanimously
Planning Board Appointment
Motion was made by Mayor Pro Tem Medlin and seconded by Councilwoman Albury to approve Steven Pasquantonio as a Planning Board Member and motion was carried unanimously.
Recreation Committee Appointment
Motion was made by Councilman Fowler and seconded by Mayor Pro Tem Medlin to approve Michael Pasquantonio as a Recreation Committee Member and motion was carried unanimously.
Board of Adjustment – Alternate Member Positions
Planning Director requested 2 alternate member positions to be created in case someone on the board is not available because of health or out of town.
Motion was made by Councilman Helms and seconded by Mayor Pro Tem Medlin to approve two alternate member positions for the Board of Adjustment and motion was carried unanimously.
BASE (Business Alliance for a Sound Economy) – Coastal Insurance Update
Cameron Moore
HB 1305 Coastal Insurance
As many of you know BASE has been retained as the lobbyist for NC 20 on this issue and we have been working this issue quite extensively this legislation session. We felt that it was prudent for us to come and give the Surf City Town Council a brief update on exactly where we are legislatively with the Coastal Homeowners Insurance Issue.
HB 1305 recently passed the House and currently resides in the Senate, where it has been referred to the Senate Commerce committee. From there it may be referred once more to Finance, or potentially go straight to the Floor.
As the bill worked its way through the House Finance Committee the following Representatives: Danny McComas, Dewey Hill, and Bill Owen all offered key amendments that helped to change critical elements in the bill.
Representative Owens offered an amendment that would tie the current 1% deductible to a named storm. This amendment was critical because it now levels the playing field on storm events across the entire state. Because of this amendment coastal residents will not pay a 1% deductible if you have any damage from an afternoon thunderstorm or related wind event, it would have to be a named storm.
Representative McComas offered an amendment that stripped the unnecessary and onerous Flood Insurance requirement out of the bill.
Representative Hill introduced a controversial amendment that would have restored the $750,000 Beach Nan home coverage limit back to its original amount of $1.5 million. Unfortunately the House Finance Committee rejected Representative Hill's amendment and decided to keep what is currently in the bill keeping the maximum at $750,000.
Two other amendments that were introduced, but unfortunately were not successful would have lowered the 10% catastrophic assessment recoupment limit down to a mandated 5% , and reduce the 10% surcharge for separate wind and hail coverage, and 20% for wind and hail for homeowners coverage down to 5% and 15%.
On every amendment that has been offered we have faced an uphill battle with the western divide and geographical differences of "non-coastal".
A floor amendment was offered by Rep. Pat McElrath (R-Carteret) on the House side that would have raised the cap on assessments from $1 Billion to $2 Billion. Unfortunately the amendment failed by a vote of 52-63.
There are positive aspects of the bill as passed by the House:
· More public information and input in the rate making process,
· 1% named storm deductible,
· Mitigation credits,
· An installment payment program,
· grant program
· The assurance that the Beach Plan surplus will be retained so the fiord can grow and be in a position to cover losses should an event occur.
BASE along with the NC2O coalition will continue to work diligently on this bill to ensure financial stability in the Beach Plan to ensure more availability and affordability for citizens throughout the coastal counties.
We are anticipating that the legislative session is coming to a close and we will be working hard this week to get the bill calendared and heard in committee. We have been assured that future amendments are possible especially issues such as surcharges and reinstating the coverage limit to $1.5 million.
SCVFD Boot Drive Request
Chief Batts Request permission to do a Boot Drive Saturday, September 5, 2009. (Labor Day Weekend) from 9am-2pm at the Traffic Light at Hwy 210/50 for Muscular Dystrophy.
Manager recommends approving the request with the understanding that they must use extreme caution and that the police will monitor the safety of the participants.
Motion was made by Mayor Pro Tem Medlin and seconded by Councilman Curley to approve the Boot Drive Request as presented and motion was carried unanimously.
The Oaks at Boca Bay Final Plat
Planning Director Rademacher stated that the applicants are seeking final plat approval of a 26-lot subdivision located off of Pender Avenue. This site is the former location of the Great Oaks Mobile Home Park. The property is zoned R-5 and allows for the construction of single-family homes on 5000 square foot lots and duplexes on minimum 8, 500 square foot lots. A private road provides access to the lots and will has a minimum pavement width of 20 feet as required by the fire department. Sidewalk has been constructed along the road frontage and street trees will be provided along all street frontages as well. The trees that have died will need to be replaced prior to the recordation of the final plat and issuance of any building permits.
Water and sewer has been installed per the engineer’s drawings and has been approved by all appropriate state and local agencies for compliance.
This subdivision required a Major CAMA permit to be approved prior to any work being done on site and has been determined to be in compliance with all portions of the Major CAMA permit.
Staff Recommends approving the final plat with the provision that the final plat may not be recorded until the street trees have been installed per the town ordinance.
Motion was made by Councilwoman Albury and seconded by Mayor Pro Tem Medlin to approve the Oaks at Boca Bay Final Plat as recommended and motion was carried unanimously.
Engineers Project Updates
Manager Moore for Gus Simmons, Cavanaugh & Associates
Mainland Pump Station: On hold until funding is made available.
Surf City Wastewater Treatment Facilities
Wastewater Treatment Plant: The Contractor is completing a few, minor punch list items and some warranty work that was requested on behalf of the Owner. Although demobilization was expected in July, the Contractor has remained on site to address the final punch list items that arose from the final inspection. All systems at the WWTP are operational and functioning. There remains a few adjustments that will be made, which is typical of a wastewater plant start-up, as the Town staff continue to put the plant ‘through its paces’. It is expected that the Contractor will demobilize entirely (all of their equipment was removed in July, all that remains is a small work crew) in early August, and the close-out process will be completed, including the final adjustment Change Order and the Certification.
Juniper Swamp Forcemain & Infiltration Basin: The Contractor returned in July to provide some warranty work for a couple of yards along the forcemain route, and also added some surface water diversion swales adjacent to the infiltration basin, per DWQ request. The site still has no stable vegetation in place, and the Contractor will remain responsible for the establishment of the grass. The infiltration basin has begun to receive flow from the WWTP.
Phase 2 Disposal at Juniper Swamp: Land Management Group (LMG) has completed their final report, and has requested some additional surveying of the monitoring wells on site to complete their work. Over the next couple of months Cavanaugh will be working closely with LMG and Town staff to complete the construction plan for the next phase of disposal at Juniper Swamp.
Phase 2 WWTP Expansion: Cavanaugh has made significant progress in the month of July towards completion of the construction plan and submittal package of the Phase 2 treatment plant design. At present, the design calculations, technical specifications, contract documents, and plans are in final draft form. Cavanaugh will provide a copy of all to the Town for review. This submittal package can be ready to go to the State for review within a couple of days at any time now. At this time, the focus will shift to completion of Juniper Swamp Utilization design (see above) and gaining funding approvals from the State.
Surf City Recreation Park Upgrade
The Contractor is making good progress. The top of the landfill, where the ball fields will go, has been put to final grade. The parking lots have also been put to grade, more or less, and the sub-pad for the concessions building is complete. Over the next few weeks, the Contractor will be installing utilities and begin the hard infrastructure, such as asphalt paving and sidewalks. This project will continue through the summer and fall of 2009.
Other Items of Interest:
· The Town has been awarded an ARRA grant to facilitate the placement of mixers in its elevated tanks. This award is for over $123,000.
· C&A has assisted the Town with furthering interlocal water purchase agreements with ONWASA and Pender County.
Public Forum
Charlene Hayes, M&K MHP Hwy 50/210, stated that she started in February to get permits to move here. Her daughter, Heather, was diagnosed at 16 years old with cancer and has been in remission a few months. Heather wants to attend UNCW, so that is why they have moved here.
The double wide was wrecked on the way here and has been waiting on the movers insurance to fix everything.
She had the opportunity to rent the lot next to hers that was adjourning hers so she assumed it was one lot.
She had mover, Mr. Oscar White, take the mobile home back apart to have the joist engineered. After that she was told that she needed to get another permit for moving the trailer the second time. She stated she only moved it 30 feet and it would be another $700 fee. She stated that she did not have the money.
Stephanie, Community Development Administrative Assistant, asked Todd, Planning Director, if a single wide could be placed where double wide was for her daughter. Todd told her no. They then decide to move everything back to where it originally was planned.
Now that the repairs from the move have been fixed and the home can be put back together Gene, Building Inspector, stopped the mover saying that until the new permits were gotten they could not move the mobile home. Now we have to start with permits like we had never been here before.