SHALLOTTE BOARD OF ALDERMEN
REGULAR MEETING
MAY 18, 2004
6:00 P.M.
The Shallotte Board of Aldermen met for a regular meeting on May 18, 2004 at 6:00 p.m. in the council chambers of the Shallotte Town Hall. Mayor Pro-tempore Sara McCullough presided the meeting until 6:10 p.m. when Mayor Gerald Long joined the meeting.
Aldermen present: Sara McCullough, Jim Roach, Buddy Kelly, Rick Branning and Jerry Jones
Aldermen absent: None
Staff present: Sandy Hewett, Tim Owens, Attorney Laura Thompson and Rodney Gause (joined the meeting at 7:00 p.m.)
I. CALL TO ORDER
Mayor Pro-tempore McCullough called the meeting to order. A motion was made by Buddy Kelly seconded by Jerry Jones to open the meeting. Motion carried 5 yes 0 no.
II. INVOCATION & PLEDGE
Mayor Pro-tempore McCullough gave the Invocation followed by the Board and audience reciting the Pledge of Allegiance.
III. PUBLIC HEARINGS
Since it was unclear if all the applicants had been made aware of the 6:00 p.m. starting time, the Board decided to table items 1,3,6,8 until the concerned parties arrived. A motion was made by Rick Branning seconded by Jim Roach to open the public hearing portion of the meeting. Motion carried 5 yes 0 no.
1. Dwight and Kathleen Peterson have requested annexation of Lot 35 Section F (parcel #2141B036, 97 Country Club Drive) and an R-15 zoning designation. Mrs. Peterson asked why there was a difference in sewer costs in their property and the Wildwood Village properties? Administrator Owens stated the residents in Wildwood Village would be on gravity sewer, which was cheaper than conventional sewer.
2. Text amendment to Section 153.109 Highway Business District (C) Conditional Uses by adding (7) Outside Storage Facility – No comments were made.
3. A text amendment allowing a home occupation within an existing, non-conforming, detached, single-family home as a permitted use in the CB, HB and B-2 Zoning Districts – No comments were made.
4. Addition of Section 153.220 Sidewalks Must Be Constructed For Any New or Substantially Improved Property Located in the CB or HB Zoning District and Contiguous to US 17 (Main Street) – No comments were made.
A motion was made by Rick Branning seconded by Buddy Kelly to close this portion of the public hearings. Motion carried 5 yes 0 no.
IV. PUBLIC COMMENTS
Harry Jablonski understands that Jeff Whitfield has an annexation request before the Board. He would like to know where the property is located. Mr. Owens showed Mr. Jablonski the area on the map.
V. AGENDA AMENDMENTS
Mayor Long joined the meeting at 6:10 p.m. and presided over the remainder of the meeting.
A motion was made by Sara McCullough seconded by Jerry Jones to amend the agenda by addition item #1 Grants under Police Department new business. Motion carried 5 yes 0 no.
VI. CONSENT AGENDA
A motion was made by Rick Branning seconded by Buddy Kelly to approve the following consent agenda items:
- Rural Center Grant Workshop minutes – May 4, 2004
- Regular Meeting minutes – May 4, 2004
- Budget Workshop minutes – May 6, 2004
- Budget Adjustment (BA-04-08)
- 10.3750.1000 PD Donations (Debit $2,531.80)
- 10.5100.1280 PD Donation Expenditure (Credit $2,531.80)
Motion carried 5 yes 0 no.
VII. PUBLIC HEARING ACTION
1. Dwight and Kathleen Peterson have requested annexation of Lot 35 Section F (parcel #2141B036 or 97 Country Club Drive) and an R-15 zoning designation. A motion was made by Jerry Jones seconded by Sara McCullough to approve the request from Dwight and Kathleen Peterson to annex Lot 35 Section F (parcel #2141B036, 97 Country Club Drive) and to zone the property R-15. Motion carried 5 yes 0 no.
2. Text amendment to Section 53.109 Highway Business District (C) Conditional Uses by adding (7) Outside Storage Facility. Alderman Branning stressed his concerns that Access Storage only asked for specific items, not all the items listed on the text amendment. A motion was made by Rick Branning seconded by Jim Roach to approve the text amendment to Section 53.109 Highway Business District (C) Conditional Uses by adding (7) Outside Storage Facility. Contracted equipment, trailers, etc. were deleted from the original recommendation. Motion carried 5 yes 0 no.
3. A text amendment allowing a home occupation within an existing, non-conforming, detached, single-family home as a permitted use in the CB, HB and B-2 Zoning Districts. A motion was made by Sara McCullough seconded by Buddy Kelly to approve a text amendment allowing a home occupation within an existing, non-conforming, detached, single-family home as a permitted use in the CB, HB and B-2 Zoning Districts. Motion carried 5 yes 0 no.
4. Addition of Section 153.220 Sidewalks Must Be Constructed For Any New or Substantially Improved Property Located in the CB or HB Zoning District and is Contiguous to US 17 (Main Street). A motion was made by Rick Branning seconded by Jim Roach to approve the addition of Section 153.220 Sidewalks Must Be Constructed For Any New or Substantially Improved Property Located in the CB or HB Zoning District and is Contiguous to US 17 (Main Street). Motion carried 5 yes 0 no. Since the Planning Board has recommended a sub-committee to look at other areas in Town, Alderman Branning hopes they continue this endeavor.
VIII. ADMINISTRATION DEPARTMENT
A. Old Business
1. Town Appreciation Day Update – Alderman McCullough feels that everything is on track for the Appreciation Day on May 20th. Nametags have been made to easily identify everyone.
2. Presentation of FY 04-05 Budget/Set Public Hearing – Administrator Owens presented the Board of Aldermen with the FY 04-05 Budget. He noted that currently the tax, water/sewer rates have remained at what they were last year. A motion was made by Buddy Kelly seconded by Jim Roach to schedule a public hearing for June 1, 2004 to review the proposed 2004/2005 Fiscal Year Budget for the Town of Shallotte. Motion carried 5 yes 0 no.
B. New Business
1. CRC (Coastal Resources Commission) Nominations – The Board agreed to do as they have in the past and follow the recommendations of the area beach towns with regards to the CRC (Coastal Resources Commission) nominations.
2. Water/Sewer Districts Letter – A motion was made by Jim Roach seconded by Sara McCullough to forward the letter to the County Commissioners requesting that a sewer district be established for the Town. Motion carried 5 yes 0 no.
C. Other
IX. PLANNING DEPARTMENT
A. Old Business
1. Shumard Annexation – A motion was made by Jim Roach seconded by Jerry Jones to schedule a public hearing on June 1, 2004 to review the annexation and rezoning request from Mr. and Mrs. Shumard. Motion carried 5 yes 0 no.
B. New Business
C. Other
X. PUBLIC WORKS DEPARTMENT
A. Old Business
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
1. Grants – Chief Gause asked permission to apply for two Homeland Security Grants that have to be submitted by June 4, 2004. Both grants are 100% and will require no match from the Town. The Board agreed for Chief Gause to apply for both grants.
C. Other
XIII. BOARD MEMBERS AGENDA
Aldermen Kelly, Branning nor Jones had any comments at this time.
Alderman McCullough noted that the Elected Officials breakfast was being held on June 3, 2004 at 8:00 a.m.
Alderman Roach commented on the sewer permit letter, which is tentatively approving the sewer allocation to the Medical Park and other allocations adjustments. He also asked that besides the Board of Aldermen, other boards affiliated with the Town should attend a seminar at Coastal Carolina Museum. Alderman Roach also stressed that if someone registers for a class, seminar or workshop, they should make all efforts to go, especially if a registration fee has been paid. He also wanted to go on record wishing Brunswick Community College a Happy 25th Anniversary. Mr. Roach asked if the Town inspects the retention ponds that we require? Administrator Owens stated that currently the State, not the Town requires and inspects retention ponds. Alderman Roach also suggested that the Town look into an ordinance concerning illicit discharge into our storm water drainage systems.
Mayor Long mentioned that TV 3 has contacted him concerning a feature story they wish to do on Brunswick County towns. They would like to begin the series with Shallotte. As soon as Mayor Long has a concrete date, he will inform the Board. Right now the earliest TV 3 would run the series is the last part of June 2004.
The Board took a 10-minute recess from 6:50 p.m. – 7:00 p.m. to allow the remainder of the public hearing applicants to arrive.
A motion was made by Buddy Kelly seconded by Jim Roach to open the second set of Public Hearings. Motion carried 5 yes 0 no.
1. Rezoning requests:
a. Rezone a portion of parcel #1980001909 currently owned by Shallotte Crossing, LLC from CW (Commercial Waterfront) and C (Conservation) to HB (Highway Business)
b. Rezone the upland portion of parcel #19800019 currently owned by Mintz Limited Liability Company from C (Conservation) and CW (Commercial Waterfront) to HB (Highway Business)
c. Rezone the upland portion of parcel 1980001901 currently owned by Frederick Mintz from C (Conservation) to B-2 (Business 2)
No comments were made
2. Jeff & Leigh Whitfield have requested annexation of 4.12 acres located at 218 Holden Beach Road (parcel 19800016) and a Highway Business zoning designation – Owen Walsh commented on this annexation request. He noted the property’s location and knows that a portion of the property will be taken by the State once the Smith Street extension is in place. He feels being a State taxpayer himself, this is not a very smart move to rezone property to Highway Business, thus forcing the State to pay a higher price for the property once it is condemned.
3. Carolina Carpet & Flooring have requested that the back portion of the property located at 4613 Main Street (currently zoned R-10, tax parcel 198AA004) be rezoned to Highway Business. The rezoning is for the R-10 zoning area only and extends to the power pole approximately 35 feet behind the existing storage buildings. The following comments were made:
- Leecy Hogan (applicant) – This is the second time she has been before the Board for this request. She plans to only use the buildings for rv and boat storage. She would like to see some sort of documentation where this property was zoned R-10.
- Clyde Babson stated that he and his neighbors have presented a petition opposing this request. They are fighting to maintain the older historical sections of Town. He stated that Ms. Hogan knew how the property was zoned when it was purchased. This encroaches on their residential area.
- Crystal Baxley has worked with Ms. Hogan for four month. She stated that Ms. Hogan has taken pride in the building’s appearance and only wants to clean up that back area.
- Leecy Hogan stated that there were property owners encroaching 10 feet onto her property.
- Jerry Small asks that the Board respect the integrity of the zoning that is in place. This is a desirable neighborhood and he would like for the Board to keep it as it is.
- Leecy Hogan stated that in a letter she received from Al Milliken, he stated the sheds were in place 30 years ago. This change would only affect 1-½ houses on Pine Street.
4. Access Storage (Jay Houston and Mark Kennedy) have requested a site plan amendment and revision to the existing conditional use permit. The applicant is requesting that building E and D be constructed as proposed in place of the existing building that was located behind the office. The applicant is also requesting that they be permitted to construct a bi-level building in the cent of the site instead of a one-story building (Building G) The applicant has also requested that they be allowed to store boats, rv’s and trailers in Phase II prior to the construction of the storage building in Phase II. Town Clerk Sandy Hewett administered the Oath to Tim Owens and Jay Houston, prior to the beginning of the Conditional Use hearing. Mr. Houston stated that everything would be stored in an orderly and logical manner. All he wants is to store boats and rv’s until the building has been constructed, which should be in approximately twelve (12) months. Alderman Kelly asked if the gate to the retention pond was locked? Mr. Houston stated it was but there was a knox box for emergency personnel. No further comments were made, so a motion was made by Buddy Kelly seconded by Sara McCullough to close this portion of the public hearings. Motion carried 5 yes 0 no.
PUBLIC HEARING ACTION
1. Rezoning requests:
- Rezone a portion of parcel #1980001909 currently owned by Shallotte Crossing, LLC from CW (Commercial Waterfront) and C (Conservation) to HB (Highway Business)
- Rezone the upland portion of parcel #19800019 currently owned by Mintz Limited Liability Company from C (Conservation) and CW (Commercial Waterfront) to HB (Highway Business)
- Rezone the upland portion of parcel 1980001901 currently owned by Frederick Mintz from C (Conservation) to B-2 (Business 2)
Alderman Branning asked if current surveys had been performed on this property to correctly identify wetland areas? John Edge, representative of the owner, stated that wetland delineations would not be required by the State until permits are obtained. Right now there is nothing on the drawing board for this property. Alderman Branning had concerns why there was a Commercial Waterfront zoning in the middle of a Conservation zone. Alderman Roach asked if the Planning Board had any concerns? Administrator Owens stated they had recommended the proposed HB zoning. Alderman Branning asked if there were no plans on the drawing board, why change the zoning of this property? No further comments were made so a motion was made by Jerry Jones seconded by Jim Roach to approve the rezoning requests as submitted above. Motion carried 3 yes 2 no. Aldermen Branning and Kelly voting in the negative.