Regular Council Meeting Minutes

December 6, 2005

Page 7

Town of Surf City

Regular Council Meeting Minutes

December 6, 2005

Mayor Guy called the regular monthly meeting of the Surf City Town Council to order at 7:00 p.m. Councilman Medlin gave the invocation, and Councilman Curley led the Pledge of Allegiance. Also present for the meeting were Mayor Pro Tem Albury, Councilmen Helms and Fowler, Attorney Keith Fountain, Town Manager J. Michael Moore, Finance Clerk Jane Kirk and Town Clerk Patricia Arnold.

Beautification and Appearance Recognitions

Mayor Guy announced the recipients of the Beautification and Appearance Committee’s Awards for December 2005. Home of the Month for December 2005 owned by Ronnie Jones is located at 714 Roland Ave. Business of the Month for December 2005 is Surf City Baptist Church located at 304 Wilmington Ave. with Rev. Don Horne.

Approval of Minutes

Minutes of the November 1, 2005 Regular Meeting were recommended for approval by Town Attorney Keith Fountain. Motion was made by Mayor Pro Tem Albury and seconded by Councilman Fowler to approve as presented and was carried unanimously.

Oaths of Office

Judge Fred G. Morrison Jr. administered the oaths of office to Michael H. Curley and Douglas C. Medlin.

Council Organization

Election of Mayor Pro Tempore

Nelva Albury was appointed Mayor Pro Tem on motion of Councilman Medlin. The motion was seconded by Councilman Fowler, and unanimously carried.

Council Liaison Assignments

Mayor Guy appointed the same Council Liaisons. Copy of liaison assignments are attached to these minutes.

The meeting was recessed for a brief reception for the newly elected Council Members.

Approval of Regular Meeting Schedule for 2006

With the exception of the regular July and November meeting date, there appeared to be no activities that would conflict with the Council meeting on the first Tuesday of each month. Councilman Fowler moved to accept the meeting schedule a presented and change the July 4th meeting to Wednesday July 5 at 7:00 P.M. and November 7th meeting to Wednesday, November 8th at 7:00 P.M. The motion was seconded by Councilman Helms and unanimously carried.

Topsail Beach Water Request

Councilman Medlin made a motion to have a workshop arranged in January. Councilman Helms seconded motion. Motion unanimously carried.

Satellite Annexation

Mayor Pro Tem Albury made a motion to repeal the motion made at the September 6, 2005 Council meeting to stop annexations until a water and sewer workshop could be held. The Council met with the engineers in a workshop to discuss the water supply needs. Councilman Fowler seconded motion. Motion unanimously carried.

Resolution setting a Public Hearing 33.05 acres J.E. Register

Manager Moore stated that a petition for satellite annexation of property located on Hwy 17 was received from J.E. Register on September 23, 2005.

Councilman Helms made a motion to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Medlin seconded motion. Motion unanimously carried. Copy of Resolution is attached to these minutes.

Resolution setting a Public Hearing 2.00 acres Linda Register

Manager Moore stated that a petition for satellite annexation of property located on Hwy 17 was received from Linda Register on September 23, 2005.

Councilman Medlin made a motion to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Helms seconded motion. Motion unanimously carried. Copy of Resolution is attached to these minutes.

Resolution setting a Public Hearing 2.79 acres Michael Register

Manager Moore stated that a petition for satellite annexation of property located on Hwy 17 was received from Michael Register on September 23, 2005.

Mayor Pro Tem Albury made a motion to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Medlin seconded motion. Motion unanimously carried. Copy of Resolution is attached to these minutes.

Resolution Directing the Clerk to investigate a petition for satellite annexation and set a Public Hearing 32.37 acres Annie Sidbury

Manager Moore stated that a petition for satellite annexation of property located on Hwy 17 was received from Annie Sidbury on November 17, 2005.

Councilman Helms made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Fowler seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Resolution Directing the Clerk to investigate a petition for satellite annexation and set a Public Hearing 20.212 acres Adrian Kugatow

Manager Moore stated that a petition for satellite annexation of property located on Hwy 210 was received from Adrian Kugatow on November 23, 2005.

Councilman Fowler made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Medlin seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Resolution Directing the Clerk to investigate a petition for satellite annexation and set a Public Hearing 13.98 acres Joseph M. Moseley III

Manager Moore stated that a petition for satellite annexation of property located on Hwy 210 was received from Joseph M. Moseley III on November 23, 2005.

Mayor Pro Tem Albury made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for January 3, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Helms seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Saltwater Landing Phase II Preliminary Plat

Planner Rademacher stated that the applicant is requesting sketch approval of a 22-lot subdivision. This is a continuation of the Saltwater Landing subdivision that has previously been approved. The property is zoned R10 and allows for the construction of single-family homes and duplexes on 10,000 square foot lots. Access to the lots is being provided through the previously approved roads. This phase also includes a site for a community clubhouse. The developer is showing sidewalks and street trees and will need to submit a preliminary plan showing the water and sewer layout in regards to this portion of the subdivision as well as meeting all other aspects of a preliminary plan approval. The Planning Board recommends approving this sketch plan as the applicant has shown compliance with the ordinances.

Mayor Pro Tem Albury made the motion to approve the Sea Oaks Preliminary Plat. Councilman Medlin seconded motion and motion was carried unanimously.

Diamond Point – Preliminary Plat

Planner Rademacher stated that the applicants are requesting the approval of a preliminary plan for the development of a 10-lot subdivision located off of Little Kinston Road. The property is zoned MHS and will allow for the development of 5000 square foot lots for the construction of single family homes or for the set-up of class A or B manufactured homes in accordance with the ordinances. A new private road has been created named Diamond Point Court from which all lots will be accessed. Sidewalks have been provided for in this project and street trees are shown along all road frontages. A major CAMA permit needs to be obtained for the construction the subdivision as well as for the boat slips, which are to be provided by the developer. The developer is also to install water and sewer extensions, which have been reviewed by staff as well as engineers working on behalf of Surf City. A permit must also be received by the Army Corps of Engineers for a small portion of wetland fill for access to lot ten. All other state permits required will be part of the major CAMA permit and will need to be obtained prior to any construction beginning on the site. The Planning Board recommends approving this preliminary plan.

Mayor Pro Tem Albury made the motion to approve the Sea Oaks Preliminary Plat. Councilman Helms seconded motion and motion was carried unanimously.

P&L Plaza Site Plan

Planner Rademacher stated that the applicants are requesting the approval of a commercial office building on JH Batts Rd. The property 35,544 square feet and is zoned C3 commercial and allows for the construction of office and retail space. The proposed building is approximately 12,000 square feet in size and will require 31 parking spaces with 32 parking spaces being provided on this site. Landscaping and sidewalks have been designed in accordance with the ordinance. A NCDOT permit will be required for the construction of the drive way and sidewalks. Also, the developer has stated his interest in placing pipe in the existing ditch; this will also require NCDOT approval as well. Each unit will be required to have it’s own water meter rather than the 2 shown on the plan. Parking lot connectivity must also be identified on the plan to both adjoining properties. The Planning Board recommends approving this plan provided the above changes are made prior to the next council meeting. Staff would also note that no building permits would be issued until a recombination survey has been recorded.

Mayor Pro Tem Albury made the motion to approve the Sea Oaks Preliminary Plat. Councilman Medlin seconded motion and motion was carried unanimously.

Resolution Authorizing finance contract with RBC Centura Bank for fire truck

Councilman Helms made a motion to authorize Mayor Guy to execute the financing contract with RBC Centura Bank for fire truck. Councilman Fowler seconded motion. Motion unanimously carried.

Audit for 2004-2005

Clement E. Goodson, CPA presented Council with the Town of Surf City Financial Statements for the year ending June 30, 2005.

Topsail Island Shoreline Protection Commission Charter Change Request

Councilman Curley stated that the Topsail Island Shoreline Protection Commission would like approval of changing their Charter. The proposed changes are: The Commission shall be composed of eight (8) eleven (11) members: Topsail Beach; one elected official, the Chairman of Shoreline Protection and one at-large member appointed by town’s governing body: North Topsail Beach; one elected official, the Chairman of Shoreline Protection and one at-large member appointed by the town’s governing body: Surf City; one elected official, the Chairman of Shoreline Protection and one at-large member appointed by the town’s governing body: Pender County: one elected Commissioner: Onslow County; one elected Commissioner. Each governmental entity shall have one vote. The elected Town official or County official shall be the voting member with the Chairman from each entity the alternate voting member. The Chairman of The Topsail Shoreline Protection Commission will be elected annually and rotated between towns. The Chairman will conduct the meetings.

Councilman Curley made a motion to approve the change for the Topsail Island Shoreline Protection Commission Charter. Councilman Medlin seconded motion. Motion unanimously carried.

Set a public hearing for authorizing finance contract with RBC Centura Bank for 2 parcels of property to be used for parking and to approve installment financing agreement proposal

Mayor Pro Tem Albury made a motion to set a Public Hearing date for January 3, 2006 for authorizing finance contract with RBC Centura Bank for 2 parcels of property to be used for parking and to approve the installment financing agreement proposal. Councilman Helms seconded motion. Motion unanimously carried.

Discussion on Business License for Tattoo Parlor

Manger Moore stated that several people inquiring about a business license for a tattoo artist and body piercing have contacted the Town. Our regulations do not specifically list anything on tattooing or body piercing. Finance Clerk attached a sample regulation and asked that the Council set a public hearing for January 6, 2006 to adopted the proposed ordnance addition.

Councilman Helms made a motion to set a Public Hearing date for January 3, 2006 for an ordinance addition for Body Piercing/Modification & Tattoo and/or Dermographic Artist with a cash bond in the amount of $1000.00 for each artist and a Business License Tax of $1000.00. Councilman Curley seconded motion. Motion unanimously carried.

Discussion on Impact Fees

Manager Moore stated that impact fees are set on a per unit bases no matter of how may bathrooms that may be in the unit. Due to the number of bathrooms being built in houses and the size of the house being built now (which increases the number of occupants), the schedule needs to be looked at and possible the reading changed.

Consensus of the Council was to discuss this issue during a workshop.

House Moving Request 1207 S. Topsail Drive

Mayor Guy presented the Council with requests for house moving and requested that homes not be moved on Fridays & Saturdays.

Councilman Helms made a motion to approve the house moving requests for only Sundays thru Thursday. Councilman Medlin seconded motion. Motion unanimously carried.

Support for Dixon Soccer

Mayor Guy read a Resolution written by the Town of Holly Ridge and requesting that the Town of Surf City also approve a Resolution in Support of the Dixon Soccer Club.

Mayor Pro Tem Albury made a motion to instruct the Clerk to produce a Resolution in Support of the Dixon Soccer Club in their efforts to obtain 25 acres of State-owned property. Councilman Fowler seconded motion. Motion unanimously carried.

Public Forum

Winifred King, 1604 & 1606 N. Shore Drive, regarding tattoo parlors she stated for the Council to remember out Town is know for it’s family atmosphere and with the children in her church, they keep them busy but what about the children that are idle and don’t have anything to do.

She stated that she received a noticed form the Army Corp of Engineers that said that they were going to give us 10’ high and 30’ wide same. She stated that she has talked to Mr. Curley on whether we couldn’t get sand before we get the sand push. She said that now after listen to Mr. Goodson the auditor that the town has $9M and after paying for renourishment $6M, the town made $2M extra. Asked if they thought to use a larger portion of the tax base for tourism attraction and to have a nice beach. The Town is only allowing $500,00 for the sand. She asked Jane if the town could double that and give sand to those over between Craven and Mecklenburg.