SHALLOTTE BOARD OF ALDERMEN
REGULAR MEETING
NOVEMBER 5, 2014 (WEDNESDAY)
5:15 P.M.
The Shallotte Board of Aldermen met for a regular meeting on November 5, 2014 at 5:15 p.m. in the meeting chambers of the Shallotte Town Hall located at 110 Cheers Street with Mayor Walt Eccard presiding.
Aldermen present: Larry Harrelson, Gene Vasile and Alan Lewis
Aldermen absent: Jimmy Bellamy and Carson Durham
Staff present: Sandy Strickland, Mimi Gaither, Albert Hughes, Rachel Johnson, Robert Lewis, Rodney Gause and Attorney Laura Thompson
I. CALL TO ORDER
Mayor Walt Eccard called the meeting to order. A motion was made by Gene Vasile seconded by Alan Lewis to open the meeting. Motion carried 3 yes 0 no.
II. INVOCATION & PLEDGE
Albert Hughes gave the Invocation followed by the Board and audience reciting the Pledge of Allegiance.
III. AGENDA AMENDMENTS & APPROVAL OF AGENDA
IV. DEPARTMENT REPORTS
a. Police
b. Fire
c. Planning
d. Fire Marshal
e. Public Works
f. Administration
g. Economic Development/Media/Events
h. Mayor’s Monthly Activities
V. PUBLIC HEARING
This item is not being pursued at this time.
ORDINANCE 14-13 AMENDING CHAPTER 93, FIRE PREVENTION ORDINANCE, OF THE TOWN CODE OF ORDINANCES
Current Section 93.12 (item 9) Permits for hazardous materials and fire hazard activities, is deleted and replaced with the following:
(9) Foster care as defined as group I-1, group homes as defined by group R-4 and places of worship as defined as group A-3 occupancies shall be exempt from inspections fees. This does not release a foster care, group home or places of worship occupancies from life safety and fire prevention requirements as defined in section 102 Applicability of the North Carolina Fire Code. Foster care, group homes and places of worship would be subject to project fees for all new construction, change of use, alteration, remodel, repair, renovation, or reconstruction as referenced in the town annual budget ordinance.
VI. PUBLI C HEARING (1)
ANNEXATION & REZONING 281 WILDWOOD ST. (P&Z# 14-0017) – Delores Lorrie King Wiggins has submitted a petition for voluntary contiguous annexation and rezoning of ±0.30 acres located at 281 Wildwood St. (PID# 197JA016) from RA-15 to R-10. A map of the property is available at the Town of Shallotte or in the Brunswick County Registry at Map Cabinet T, Page 156.
1. A motion was made by Gene Vasile seconded by Alan Lewis to open Public Hearing (1). Motion carried 3 yes 0 no.
2. Public Comments/Questions – None at this time
3. A motion was made by Alan Lewis seconded by Gene Vasile to close Public Hearing (1). Motion carried 3 yes 0 no.
4. After Mayor Walt Eccard read aloud the statements, a motion was made by Alan Lewis seconded by Gene Vasile to approve the Board of Aldermen Zoning Statement. Motion carried 3 yes 0 no.
5. A motion was made by Gene Vasile seconded by Larry Harrelson to approve rezoning of ±0.30 acres located at 281 Wildwood St. (PID# 197JA016) from RA-15 to R-10, as requested by Delores Lorrie King Wiggins. Motion carried 3 yes 0 no.
6. A motion was made by Alan Lewis seconded by Gene Vasile to approve Ordinance 14-14, an Ordinance to approve the voluntary contiguous annexation request from Delores Lorrie King Wiggins on ±0.30 acres located at 281 Wildwood Street (PID# 197JA016). Motion carried 3 yes 0 no.
VII. PUBLIC HEARING (2)
ANNEXATION RED APPLE GROUP, LLC (P&Z#14-0020)- Red Apple Group, LLC has submitted a petition for voluntary contiguous annexation of ±1.28 acres located at 728 Village Road (PID# 2130000901). A map of the property is available at the Town of Shallotte or a deed description is available in the Brunswick County Registry, Book 2183 and Page 1195.
1. A motion was made by Gene Vasile seconded by Alan Lewis to open Public Hearing (2). Motion carried 3 yes 0 no.
2. Public Comments/Questions – None at this time
3. A motion was made by Gene Vasile seconded by Alan Lewis to close Public Hearing (2).
4. A motion was made by Gene Vasile seconded by Larry Harrelson to approve Ordinance 14-15, an Ordinance to approve the voluntary contiguous annexation request from Red Apple Group, LLC on ±1.28 acres located at 728 Village Road (PID# 2130000901). Motion carried 3 yes 0 no.
VIII. PUBLIC HEARING (3)
ROD MEADOWS REZONING 5460 MAIN STREET (P&Z# 14-0023) – Rod Meadows has submitted a petition for the rezoning of ±2.93 acres located at 5460 Main Street (PID 19700022) from RA-15 to HB. The Town of Shallotte Planning Board recommended approval of the rezoning to the Board of Aldermen on October 14, 2014.
1. A motion was made by Gene Vasile seconded by Alan Lewis to open Public Hearing (3). Motion carried 3 yes 0 no.
2. Public Comments/Questions – None at this time
3. A motion was made by Gene Vasile seconded by Alan Lewis to close Public Hearing (3). Motion carried 3 yes 0 no.
4. After Mayor Walt Eccard read aloud the statements, a motion was made by Gene Vasile seconded by Larry Harrelson to approve the Board of Aldermen Zoning Statement. Motion carried 3 yes 0 no.
5. A motion was made by Gene Vasile seconded by Alan Lewis to approve the rezoning of ±2.93 acres located at 5460 Main Street (PID 19700022) from RA-15 to HB, as requested by Rod Meadows. Motion carried 3 yes 0 no.
IX. PUBLIC HEARING (4)
NOTICE OF PUBLIC HEARING PURSUANT TO N.C.G.S. § 158-7.1
Pursuant to N.C.G.S. § 158-7.1(b), the Board of Aldermen of the Town of Shallotte shall hold a public hearing at its November 5, 2014, regular meeting at 5:15 PM at the Shallotte Town Hall, or as soon thereafter as practicable, in order to consider and approve the acquisition, source of funding and contracts to acquire a fee simple interest in real property, said property being the following parcels in Shallotte, North Carolina:
Brunswick County Tax Office parcels: #198AB01704 located at 129 Cheers Street; #198AB01702 located at Cheers Street; #198AB01703 located at Cheers Street; #198AC001 located at 140 Cheers Street; #198AC00101 located at 151 Wall Street; #198AC01701 located at Wall Street; and #198AD001 located at 146 Wall Street. (A map of the parcels is available for inspection at the Shallotte Town Hall.)
The purchase price for parcel #198AB01704 located at 129 Cheers Street is One Hundred Thousand Dollars ($100,000.00). The source of funding for this purchase is the general fund of the Town of Shallotte. The combined purchase price for the remaining parcels is Two Million Seven Hundred Thousand Dollars ($2,700,000.00). The source of funding for this purchase is Two Million Dollars ($2,000,000.00) from Brunswick Electric Membership Corporation pursuant to installment financing pursuant to N.C.G.S. § 160A-20, subject to approval by the North Carolina Local Government Commission; and Seven Hundred Thousand Dollars ($700,000.00) from the general fund of the Town of Shallotte. As an additional term of the purchase of parcel #198AB01704, the parcel shall be leased back to Mansel Glenn Bennett, II and Susan Smith Bennett for a period of twelve (12) months from the closing date of the property with the lump sum lease payment amount included in the cost of acquisition of the parcel. As an additional term of the purchase of parcels #198AB01702 and #198AB01703, the parcels shall be leased back to Gene and Beverly Smith for a period of twelve (12) months from the closing of the property with the lump sum lease payment amount included in the cost of acquisition of the parcels. As an additional term of the purchase of parcels #198AC00101, #198AD001 and a portion of #198AC001 delineated as Tract 4 (b), the parcels shall be leased back to Gene and Beverly Smith for a period of twenty-four (24) months from the closing of the property with the lump sum lease payment amount included in the cost of acquisition of the parcels.
All persons interested in this matter are invited to attend the meeting of the Shallotte Board of Aldermen to be held in the Council Chambers, Shallotte Town Hall. At that time the board intends to consider and approve the contracts to purchase the properties and source of funding.
Alderman Alan Lewis wanted to comment on the parcel owned by Mansel Glenn Bennett, II and Susan Smith Bennett. This property which was deeded to Mansel Glenn Bennett, II, is his brother in law. After speaking with the Town’s Attorney, Laura Thompson, it has been determined this does not constitute a conflict of interest under the North Carolina General Statutes, therefore he is free to discuss and vote on the issue.
1. A motion was made by Gene Vasile seconded by Larry Harrelson to open Public Hearing (4). Motion carried 3 yes 0 no.
2. Public Comments/Questions – There were no comments from the public.
3. A motion was made by Gene Vasile seconded by Larry Harrelson to close Public Hearing (4). Motion carried 3 yes 0 no.
4. A motion was made by Gene Vasile seconded by Larry Harrelson to approve Resolution 14-08 which approves the acquisition, source of funding and contracts to acquire a fee simple interest in real property for the following parcels:
· 198AB01704 located at 129 Cheers Street
· 198AB01702 located at Cheers Street
· 198AB01703 located at Cheers Street
· 198AC001 located at 140 Cheers Street
· 198AC00101 located at 151 Wall Street
· 198AC01701 located at Wall Street
· 198AD001 located at 146 Wall Street
The Mayor is also authorized to sign any contracts regarding the purchase and funding sources related to these parcels. Motion carried 3 yes 0 no.
X. PUBLIC COMMENTS (3 minutes or less per person please)
Steve DeRose just wanted to say that he was very pleased with the Board adopting the resolution authorizing the purchase of the Smith property.
XI. CONSENT AGENDA
1. A motion was made by Alan Lewis seconded by Gene Vasile to approve the following items:
a. September 2, 2014 regular meeting minutes
b. September 10, 2014 recessed meeting minutes
c. October 7, 2014 regular meeting minutes
d. October 16, 2014 recessed meeting minutes
e. Schedule public hearing for December 2, 2014 at 5:30 p.m. to amend the Town of Shallotte Code of Ordinances and Unified Development Ordinance, changing any mention of Fire Marshal to Fire Official.
Motion carried 3 yes 0 no.
XII. DISCUSSION ITEMS
1. A motion was made by Alan Lewis seconded by Gene Vasile to approve a contract with Brunswick County allowing them to handle the Town of Shallotte’s Fire Inspections, with the Mayor being authorized to sign once executed by the County. Motion carried 3 yes 0 no.
2. Out of Town Sewer Request - Chris Manning, Rutledge – A motion was made by Gene Vasile seconded by Larry Harrelson to recuse Alan Lewis from discussion and voting privileges concerning this matter due to a potential conflict of interest. Motion carried 3 yes 0 no. A motion was made by Larry Harrelson seconded by Gene Vasile to approve the request from Chris Manning to allow out-of-town sewer for 19 existing single-family lots within Section 2 of Rutledge and all of the future lots within Section 3. Motion carried 2 yes 0 no. A motion was made by Gene Vasile seconded by Larry Harrelson to reinstate voting and discussion privileges to Alan Lewis. Motion carried 2 yes 0 no.
3. Mulberry Street Park Update – Alan Lewis commented that we are still on track for early 2015 for groundbreaking of the park. Albert Hughes mentioned he had just received “jurisdictional approval” by the Corps of Engineers.
4. Waterfront Revitalization Project Update – Gene Vasile stated the project is still moving forward. Once the contract is approved, we will be able to move forward with the wetlands delineation.
5. Board Appointments – Expirations occurring in January 2015 – This item will be discussed at our December meeting.
6. A motion was made by Alan Lewis seconded by Gene Vasile to approve Resolution 14-09 accepting the Deed of Dedication connecting Mulberry Park road to US 17 as offered by Robbie White & others, subject to the value of the property dedication being obtained by Mr. White. Motion carried 3 yes 0 no.
XIII. CLOSED SESSION
A motion was made by Gene Vasile seconded by Alan Lewis to go into closed session pursuant to NCGS 143-318.11 (a) (6) To Discuss Personnel Issues. Motion carried 3 yes 0 no.
A motion was made by Alan Lewis seconded by Gene Vasile to resume the regular meeting. Motion carried 3 yes 0 no.
A motion was made by Gene Vasile seconded by Larry Harrelson to approve the following salary adjustments as recommended by Town Administrator Albert Hughes:
1. In addition to Town Clerk, adding the title of Human Resources Director and related duties to Sandy Strickland. Also changing the salary grade from a Grade 20 to 22 and increasing her salary by $2,500, taking her salary from $51,777.00 to $54,277.00.
2. Promote Don Ervin to Maintenance Department Head from just Supervisor. This would take him from a non-exempt status to an exempt status. Also changing the salary grade from a Grade 23 to 26 and increasing his salary by $3,250.00, taking his salary from $56,750.00 to $60,000.
Motion carried 3 yes 0 no.
XIV. ADJOURN
A motion was made by Alan Lewis seconded by Gene Vasile to adjourn the meeting at 7:00 p.m. Motion carried 3 yes 0 no.
Respectfully submitted,
______
Sandy Strickland, CMC Date