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TOWN OF NORTH TOPSAIL BEACH PRESENT Mayor W. Rodney Knowles, Mayor Pro-Tem Larry Hardison, Aldermen Richard Farley, Fred Handy, Richard Peters and Daniel Tuman, Town Manager Brad Smith and Town Attorney Robert Kilroy QUORUM Mayor Knowles called the meeting to order at 7:00 p.m. in the North Topsail Beach meeting room and declared a quorum present. INVOCATION Alderman Handy gave the invocation. PLEDGE OF ALLEGIANCE The Board of Aldermen and citizens recited the Pledge of Allegiance. SWEARING IN OF CHIEF CASEY FILLINGER The Mayor swore in Casey Fillinger as the new Chief of Police for North Topsail Beach. APPROVAL OF AGENDA Mayor Knowles suggested moving item 12 Presentation of 2007-2008 Fiscal Year Proposed Budget and Public Input up to number 7. Aldermen Handy made a motion to approve the agenda as amended. Aldermen Tuman seconded the motion, motion passed unanimously. COMMITTEE REPORTS Beach Nourishment Report from Dick Macartney
Beach Nourishment Report NTB Board of Aldermen Meeting June 6, 2007 Although my report does not reflect the activities of the last meeting of the BN committee as I was out of town, I believe the report tonight is an important step for our committee and our town. After the defeated bond referendum, it was the recommendation of the BN committee that beach nourishment was MONEY FIRST…..Plan Second. This board helped immensely in this approach by allowing the mayor to appoint a task force for financing. At the recent meeting of this task force it was reported that the following funds were planned as part of the 2007/2008 town budget. $520,000 from the town share of the 3% occupancy tax. $450,000 from the $.03 tax rate designated for beach nourishment. $1,035,000 from the increase in sales tax revenue refunded to the town by the County Commissioners. This $2,000,000 total should be recurring each budget year. There is also pending a request for a state grant of $10,250,000 for our project from NCDENR. Although this grant is still in the approval process we have the support of our state representative, Robert Grady, and state senator, Harry Brown that will support and help us receive these funds. Our consultant, CP&E has provided preliminary costs for a phased construction plan. It has been thought that the first phase for BN should be the New River Inlet Channel Relocation with disposal of 635,000 CY of sand along the 14,000 feet of beach south. The cost estimate for normal market condition of this first phase is $3,972,000. In the fiscal year ending this month the town’s BN budget will have a surplus of about $550,000. This combined from surpluses in earlier years computes to about 1.2 million dollars sitting in the surplus account. So with about $3 MM available it is likely that our committee will support this board of aldermen authorizing a contract for phase one construction as outlined as soon as our CAMA permit is issued, which possibly, may be in time to do the construction this coming winter. This is truly encouraging news for those property owners at our North end where erosion has been severe, especially recently. This week our town CAMA officer posted on the town website 30 structures which are imminently threatened—that is the structure is within 20 feet of the toe of the dune—including all eight Topsail Reef buildings and, incidentally, my own residence. Of course the $3MM I identified does not meet the construction cost of $4MM which will also be inflated with some other preliminary costs. The solutions for the shortfall are several. We are encouraged that some money will be forthcoming from the state; if not the grant then from appropriated funds from the General Assembly such as sister town Topsail Beach is receiving. Our committee is also going to revisit the concept of creating a special ocean front tax district so that the board may set an additional tax rate for those parcel owners who will be protected with sand from the inlet. As a final assurance one member of the finance task force, a banker, assured that bank financing for a short term loan of $2MM was not a problem to expedite phase one. So thank you Board for finding the sales tax refund from the County, for steadfastly adhering to the $.03 town tax for BN, and for supporting our committee’s work. Just one other comment, there was a Senate bill introduced in Raleigh May 22nd for the Coastal Resource Commission to allow construction of a terminal groin in conjunction with a pilot project to study the use of terminal groins to stabilize ocean inlets. There are some in this town who believe stabilizers and groins are good alternatives to dredging off shore sand. I believe there is a resolution later on the agenda to support SB 599. I suggest you approve it. Even if the bill passes and even if we decide a terminal groin is appropriate for New River Inlet such a structure is at least 2 and possibly 5 years distant because of the Environmental Impact Statement that would have to be completed and approved. Thank you Dick Macartney Chair of Beach Nourishment Committee Planning Board Report from Mike Yawn First, I will remind the Board of Aldermen and the public here tonight that we have 2 openings for alternates for the Planning Board. Please apply! Land Use Plan Committee met May 15. We worked though a number of sections on future policy, using the CAMA template, our previous plan and the survey results as guides. Next meeting we should complete the policy sections, so the first draft of the Land Use Plan will nearly be completed. Next meeting is Monday June 25 at 5pm. Board of Adjustment Report from Jerry Convy Board of Adjustment met on May 17th, the following items were considered. The continuation of CASE A-07-01 Appeal by Attorney Joseph Stroud for Mr. Mark Evans President proposed Seaside Developers, LLC. There was a 3-1 decision, Board upheld the Staffs decision not to issue a Building Permit and to consider the November 30th 2004 Zoning Permit void. CASE A-07-03 Appeal by Wendy L. Purser of Hampstead Pool, Spa & Patio Inc. The Board made a 2-2 decision up held the Staff’s decision that a shared pool is considered Public and a Conditional Use Permit is required, this will have to go to the Planning Board. Presentation of 2007-2008 Fiscal Year Proposed Budget from Brad Smith- Town Manager Manager Smith stated the budget has not changed except for one thing since the Board had their last workshop. He stated when the Board first got the budget they proposed a new fire engine, it will take about six months to get it and the payments were roughly $48,000. a year. What he is now looking at it is purchasing a demonstration vehicle that has 6000 miles on it that is under full warranty and will save the Town approximately $70,000.00. He stated that will lower the payments roughly $10,000.00. He stated the Fire Chief /Public Works Director has requested the first year, the $10,000.00 be used to purchase a gator type vehicle for taking care of beaches and accesses, they can do it much quicker with that than they can with a pick up truck. Manager Smith stated that is just a general overview of the changes, he stated if the Board looks on the first page, where proposed revenues the change there is outside sources from $421,600.00 - $353,765.00. Town Managers Budget letter to the Mayor and Board of Aldermen As a result of three workshops with the Board of Aldermen the following 2007-2008 Fiscal Year Budget is presented for consideration for adoption. The budget is presented projects a levy of $ 1,919,414.00 based upon the Town’s total value of $1,506,516,851.00 as of May 27, 2007, with the recommended property tax rate of 13 cents per $ 100.00 valuation for the General Fund. The levy is based upon a collection rate of 98%. This represents an increase in ad valorem revenues by $ 274,899.00 over last years approved budget. If the Town maintains the current 10 cents per $ 100.00 of valuation, revenues would be reduced by $ 168,129.00 compared to 2006-2007 revenues. Also recommended is a dune tax of 3 cents resulting in a levy of $ 442,915. The Town’s total tax rate for the general fund and the beach nourishment fund as recommended is 16 cents per $100.00 assessed valuation. This equates to $ 1,600.00 for a property appraised at $ 1,000,000.00. In Fiscal Year 2007-2008 the Town expects to operate at a higher level of service than past years. I am proposing the Town contract for a reverse 911 system which will allow the Town to communicate more effectively with the Mayor and Board of Aldermen, all citizens, committee members, and employees. I am proposing $ 18,000.00 for a new sound system for the Board of Aldermen’s meeting room. I have budgeted $ 18,000. to have all of the changes to the Town Ordinances for the last several years to be codified and updated on Municode’s and Town’s website. This is a critical part of the communication that the Town must maintain to its citizens. This codification will allow all citizens, contractors, real estate agencies, developers, and anyone doing business with the Town to read and understand all of the ordinances. The Town will be updating all of our computers and copiers this year for approximately $35,000.00. I am requesting an addition of one planning position. The Planning Department is currently understaffed and not able to meet the increased demands of Planning, Code Enforcement, CAMA, Zoning, and Floodplain Management. An additional planner will improve the response time of permit requests and will cut down on compensatory time. The position will also allow the Planning and Zoning Department to be more responsive to the Mayor and Board of Aldermen, Planning and Zoning Board Members, and Board of Adjustment Members. I am proposing the addition of one fulltime firefighter. I am also requesting 5 additional firefighters funded by applying for a Homeland Security (SAFER) Grant that will fund 90% of the requested positions the first year, 70% funding the second year, 50% for the third ,30% for the fourth year, and the fifth year the Town will have to fund the entire amount. Also, the Town will be replacing a 20 year old fire engine. The new engine is approximately $321,165.00 with lease purchase payment of approximately $38,773.00 for 12 years. These changes in the Fire Department will allow the Town to maintain its ISO fire rating of 6. The new planning position will allow the Town to respond to the increased development. There is $7,000.00 more in police part time salaries. This is due to increased demands on the Police Department. This will also allow for the Town to maintain two officers on duty at all times even when the Department is understaffed due to illness, vacations, court duty, or loss of an officer. Also the Police Department will be rotating out one unmarked car and lease purchasing a new Ford Crown Victoria for approximately $30,000.00. These additions to the Town staff and capital equipment will allow the Town to maintain the current level of service in most departments while increasing the level of service in both the Fire Department and the Planning and Zoning Department. The Town has one Capital Project continued from Fiscal Year 2005-2006. The construction of Bike Path Phase II starts at the Onslow County Beach Access # 2 and continues designated bike lanes on both sides of Highway 210 South (Island Drive) to the Village of Stump Sound. The Bike Path Phase II has been revised from its original length to stay within the Town’s budget. This project has been started and is near completion. The Town will pursue additional funds to complete the bike lanes to the southern line of Town limits. The 3 cents recommended for the Beach Nourishment will cover obtaining permits and preconstruction monitoring for the proposed projects. These funds will also cover the current expenditures the Town has for Beach Nourishment such as plants, and crosswalk repairs. The Town continues to maintain the 3% accommodations tax collections in this fund as well. I am proposing that the Town adopt a phased in plan for addressing beach erosion. The Town would take one large project and break it down into 3 viable phases. The phases would be: (1) north end and inlet dredging, (2) central portion of the Town, and (3) the southern end, which is part of the Federal project between North Topsail Beach and Surf City. The Town needs approximately $3,000,000.00/ year to accomplish the goal of migrating beach erosion. The first project could be started as early as fall 2007. These funds would come from several revenue sources. Approximately $ 1.1 million from all of the additional sales tax and growth in future sales tax revenues ( appropriated from the newly established capital reserve fund), $500,000 local accommodations tax ( which is required by general statute to be use for beach nourishment), and approximately $450,000 from the current 3 cents tax per $100 valuation of property for the beach nourishment fund. This will leave a shortfall approximately $950,000.00 per year. The Town will continue to strive for commitments of funds from Onslow County in the way of the County’s Room Occupancy Tax revenues collected in the Town of approximately $500,000.00. The Town has also applied for a grant from the State in the amount of $10.1 million. If the Town is to accomplish the goal of mitigating beach erosion, then the Town may have to summit and additional 2 cents per $100.00 valuation toward the beach nourishment fund. This would bring the property owner’s tax obligation to 5 cents per $100.00 of property valuation. This equates $500.00 on $1,000,000.00 of property valuation. When the initial three phases are completed, then I would suggest that the cost of maintenance and replenishment be estimated and a tax rate be set for beach nourishment. I am requesting a new fund for the Town. This will be a Capital Reserve Fund. This will be funded by the additional sales tax that the Town will realize in 2007-2008 due to the County’s change from per capita distribution to a more fair distribution based on ad valorem value. This amounts to a little over $1,000,000.00 per year for the Capital Reserve Fund. This fund will be used for capital project only. Once established, the Board may not borrow from the fund or appropriate from the fund except for capital expenditures. Examples of proper expenditures would be a fire engine, police car, dune restoration, bike paths, parks, land acquisition, beach nourishment, or any other capital expenditure. After this year’s initial set up, the fund will be self sustaining. The Town can borrow from it for a capital expenditure and pay the fund back over a number of years depending on the amount and type of expenditure. This will allow the Town to keep its debt down and reduce lease purchases. This would also be beneficial for the Town acquiring a good bond rating. Finally, I would like to thank the staff for their hard work in helping to prepare the 2007-2008 budget. Each department continues to work diligently to keep expenditures to the absolute minimum. He stated this is the first time he has ever asked for a tax increase and he does not take that lightly. Manager Smith suggested that the Board set a date for the adoption and Public Hearing. He stated that it needs to be advertised between June 18th and June 29th. The Board decided to have the Public Hearing on Friday June 22, 2007 at 10:00 A.M. OPEN FORUM Mr. James Strickland 3560 Island Dr. came forward to speak. He asked about the 3 cents on the $100,000.00 is only a few dollars. He stated that it was $30.00 not $8.00 or $9.00 that was mentioned. In his case it is $270.00, his taxes have gone up 28.67 % from 2005-2006, in 2006-2007 they will go up to 55.71%, and he doesn’t consider it very small. Mr. Strickland asked Mr. Smith when he talks about 10 cents, and then Mr. Smith mentions 3 cents below on page one, then Mr. Smith jumps to 16 cents. Bridge him between 10 & 16 cents. Mr. Smith stated page one is recommended at 13 cents per $100.00 value, the rate right now is 10 cents per $100.00 value on the general fund, and 3 cents goes towards Beach Nourishment that is a total of 13 cents. Mr. Strickland stated that it is 13 cents that everyone is paying not 10 cents. Mr. Strickland heard a discussion on the Capital Reserve Fund about the need for the 3 cents increase, he asked if the Town is not paying their bills today and why does the Town need to go up 3 cents. Manager Smith stated that 1 cent of the 3 cents is to cover the revaluation of property. Mr. Strickland stated that he sent an e-mail on June 1, 2007 asking about Budget Line Item so he could compare 2007 to 2008 and have not received any e-mails back. He asked if the Town could put it on line. The Mayor stated that it would be a good idea. Mr. Robert Hale 153 Old Village Lane came forward to speak. He stated that the citizens have input but what ever the Board Members say goes. He stated there was also a referendum on Beach Re-nourishment, 79% of the people said they didn’t want to do it. The vote was 80-20 split; now the Town is talking about funding Beach Re-nourishment 100-0, there is no split, and everyone has to pay the same. He stated that he has no problem with funding Beach Re-nourishment but people that come to the beach should have to pay too. If the citizens are going to fund Beach Re-nourishment then it is a private beach. Mr. George Moore came forward to speak. Mr. Moore stated that he is not here as the Fire Chief, he is here as the Rescue Chief. He wanted to request that the Town does a resolution like they did last year when the Town assisted the volunteer rescue squad up to $10,000.00 matching funds from the State which would be a total of $20,000.00 that they could use if they were allowed to. He stated right now all of their night vision equipment is Gen one, he stated that they are up to Gen four now, they need to update their equipment, and they lost one pair due to age. He stated the County is helping them out as well; they are purchasing the new 800 Mega Hz radios and they will be getting two of those. He stated they are up dating their water rescue communication equipment, they found a business that makes them for the military and they are water proof. Manager Smith asked if that was in the budget. Mr. Moore stated that yes it was, last year there was a resolution drawn up by the Board. Mr. Yawn- Planning Board Chairman came forward to speak.
Please, vote against this tax increase! Mr. Gary Rowland 127 S. Permuda Wynd came forward to speak. He stated that we have all heard interesting questions on the Beach Nourishment Issue; the one thing he can’t clarify in his mind is why we moved to the Island, we are on an Island. He stated there are issues and problems having to do with the beach on this Island. A lot of the citizen’s life savings are tied up in the property that we have purchased to live here and we seem to lose sight of the fact that we’re on an Island. He stated that we need to protect A) The Island, B) Our property. It’s a matter of protection. He stated that the Citizens get emotional when it comes to taxes and he understands that, he’s not in favor of raising taxes under any conditions however there are exceptions to it and the protection of our beaches and therefore our property is still our single most important thing we have. He stated it’s not only the beach, it’s the infrastructure of the whole Town and he is at a loss to understand why we can’t keep that first and foremost in our minds why we while we evaluate this problem. MANAGER’S REPORT: 7 June 2007 1. The Chief and I now have permission to draft a new parking ordinance based on my conversations with the Mayor and Board of Aldermen. The Chief is working on the ordinance and should have it read for your adoption at the July meeting. 2. I have been working hard on the Jackson property issue and should have a resolution within the next 30 days or less. I will meet with Mr. Jackson’s attorney, Charles Riggs and Mr. Kilroy to review their plans and see if it meets all of our ordinances concerning zoning and sub division. After that I will have the School of Government to review the request and have their concurrence before Ms. Hill signs off on anything. 3. I have met with Eddie Baldwin from NTU, Inc. about their permit. They had requested a fast track review but it has been denied. They are still working through the State’s permitting process. I will continue to monitor this situation and from the Board as things change. The newly installed scrubber system seems to be working. I have not received any complaints about the smell and I have not noticed any odors. 4. I and Alderman Handy attended Town Hall Day in Raleigh to lobby our State Senator and State Representatives. We met with all but one during the day and had dinner with all that night. Gregg Whitehead from Richlands did an outstanding job coordinating the schedule and dinner. I think that the day went well and that we were effective in lobbying for North Topsail Beach and the issues that we all face. 5. The Budget has been completed and is in your packets and on the agenda for your consideration. You should adopt the budget the last week of June. This will give staff time to review all revenues one final time before adoption. 6. I will receive the background checks on your clerk finalists on Monday. We should set Wednesday afternoon for a special meeting with a closed session for personnel for you to review the reports and make a decision on the position. 7. I have interviewed many candidates for the receptionist position and have hired a new employee. Her name is Kim Weaver. Kim began work on Friday. She will be a productive member on our Town staff. 8. Ginger Booker continues to work on our Zoning Ordinance rewrite. There are several issues that must be resolved in the next couple of weeks. Ms. Hill and I are going to meet with Ginger next week to go over the entire document. Parking and pools along with duplexes and non- conforming and illegal lots are the hot issues that must be resolved. 9. ONWASA is replacing the lateral lines and the main water line along New River Inlet Road. As soon as they have finished and patched all cuts, then I will meet with Mr. Robert Vause with NCDOT to schedule the repaving of New River Inlet Road. 10. The Beach Nourishment Finance Committee met last week and each member has been tasked with several jobs each. We are working hard on outside funding, particularly State and County funding for the projects. Our next meeting is 29 June, 2007 Manager Smith stated he was going to try and
schedule a festival meeting in July, he stated there was no way he
can get one done this fall but he will have help from the new Town
Clerk when she gets here. Manager Smith stated that he and Attorney Kilroy need to go over and rewrite Section 2 in the Personnel Policy. Manager Smith stated that the County wants to have a Town Hall style meeting here at our Town Hall sometime in July. He stated at the July meeting we can figure out the date they want to have that. Mayor Knowles announced that the new Town Clerk Kathleen Clough she is from Maryland, she will be coming on board July 16, 2007. CONSENT AGENDA Alderman Handy moved that the last months Board Minutes be removed from the Consent Agenda since a hard copy is not in the Board Package and add discussion to the Audit Contract for 2007-2008 under Old Business Number 1. Alderman Tuman seconded the motion, motion passed unanimously. OLD BUSINESS Discussion of Audit Contract for 2007-2008 Alderman Farley suggested that the Board considered assigning one or two Aldermen to work directly with the Auditor. Manager Smith stated they have had a finance committee in the past that works with Budget with the Manager before it is presented to the Board. Mr. Farley stated that maybe they don’t work directly with the Auditor but be a contact person/ liaison. Alderman Peters asked Alderman Farley if he wanted to volunteer to be the liaison. Alderman Farley stated that he would be glad to do it. Alderman Tuman suggested talking to the Auditor to make sure it was ok to do this. The Mayor recommended contacting the Auditor and let him what the Board wants to do and the next meeting appoint someone to be the liaison. Alderman Peters made a motion that a liaison be established and work with the Auditor. Alderman Handy seconded the motion. Alderman Tuman amended the motion to add if the Board has a desired liaison to identify the liaison and he would amend the liaison for the Board is Alderman Farley. Alderman Peters seconded the motion, motion passed unanimously. NEW BUSINESS
Alderman Tuman stated that ONWASA has approached the Board and asked them for approval of three proposed resolutions. 1) Resolution for changing the Bylaws- ONWASA is proposing changing their bylaws to allow for a non- elected individual to sit on the ONWASA Board. Alderman Handy moved to approve the resolution. Alderman Tuman seconded the motion. In discussion Alderman Farley believes they need to keep elected officials only on the Board. Motion passed 3-2. Alderman Farley and Mayor Pro-Tem Hardison voted against.
Alderman Tuman stated ONWASA is proposing to adopt an ordinance very similar to what municipalities and counties routinely adopt for water and sewer use. This is a standard ordinance to regulate water and sewer use. Alderman Tuman moved to support the resolution. Alderman Handy seconded the motion, motion passed unanimously.
Alderman Tuman stated that this Resolution of Support of AN Act to Authorize a Legislative Research Commission to Study Methods of Disposing Wastewater at Municipal Wastewater Treatment Plants. This is s resolution to support a Legislative Research Commission to study all methods of wastewater disposal as alternatives to land application. Alderman Tuman moved to adopt the Resolution. Alderman handy seconded the motion, motion passed unanimously.
Manager Smith stated the revenues haven’t increased and the expenditures haven’t increased, there were some lines that were getting out of balanced but the departments as a whole were not, this was moving this around to balance out those lines to make them representative to actual expenditure in that department and in that line. The biggest change was in the legal fees line 10-410-04 Professional Services that is because Attorney Kilroy has preformed answering the North End Condemnations and the Litvak case. Alderman Handy asked if anything has changed. Manager Smith stated that nothing has changed. Alderman Farley stated that it is not accurate because the contingency did change. Manager Smith stated that overall it didn’t change but they did take out almost $19,000.00 out of contingency. Alderman Farley had a concern on the revenue side on the currant taxes they would lose $150,000.00 of revenue and we are only adjusting it down $40,000. Which means basically we are only losing $ 40,000.00? Alderman Tuman moved to approve revised Budget Item # 3 submitted June 6, 2007. Alderman Peters seconded the motion, motion passes 3-2 with Alderman Farley and Mayor Pro-Tem Hardison voted against.
Manager Smith stated that the resolution was prepared by Mr. Mcartney based on Senate Bill 599. Manager Smith stated that if the Town gets it, it will solve a lot of the Town’s problems. He stated it is a tool that the Town is asking for and they have introduced the bill, Short Title is the Inlet Stabilization Pilot Program, it’s not tied to one Town like it was before, now it is a generic bill that you can get a Conditional Use Permit for which is two- five years away at the earliest. Alderman Tuman stated that the bill empowers the Coastal Resources Commission to entertain the Town’s request to implement a pilot project to study the use of terminal groins for ocean inlet stabilization. There are no funds that go along with it. If the Town wants to do it we have to find ways to pay for it. Mayor Pro-Tem asked what kind of materials would be use. Manager Smith stated it would be wood, rock or steel. Alderman Tuman moved to support the Resolution support hardened structures- Senate Bill 599. Alderman Handy seconded the motion, motion passed unanimously. Public Hearing for Rezoning Case R-07-01 Alderman Tuman moved to open the Public Hearing. Alderman Handy seconded the motion, motion passed unanimously. Manager Smith stated that on this Public Hearing, the owner requested for this Public Hearing to be tabled until July Alderman Handy moved to table the Public Hearing on the request of the owner. Alderman Peters seconded the motion. Alderman Farley voted against. Motion passed 4-1. Public Hearing for Rezoning Case R-07-02 Ms. Hill stated the rezoning request on Tax Parcel ID 768-9.2, 89.64 acres owned by Otha E. Herring. This site is located off the northwest side of Island Dr and approximately ½ mile from the intersection of NCSR 1568 and NCSR 210. The front part of the property was intended to be R-20 and the back part of the property was intended to be CON-D. Ms. Hill stated prior to the Town’s incorporation, the 1982 Zoning Map indicated that the entire 89.64 acre tract was within the Conservation District. The 1992 Zoning Map indicated the entire 89.64 acre tract was within the Conservation District. In October 2002 the Board of Aldermen approved the rezoning and development application for the property to be rezoned to a Conditional Use R-10. Ms. Hill stated that the parcel was split and has two Parcels ID# 768-9.1 and 768-9.2. Tax Parcel ID 768-9.1 was rezoned from CUR-10 to R-20 on August 5, 2004 by the Board of Aldermen. The unofficial 2004 Zoning Map indicated that the front portion along Island Drive, also know as Whitfield Shores was in R-20 Zoning District and the back portion ID # 768-9.2, remained Conservation District. Ms. Hill stated that the Planning Board recommends that the Board of Aldermen rezone the site from R-20 to CON-D as amended. Alderman Tuman made a motion to rezone the back of the property from R-20 to CON-D per the request. Alderman Peters seconded the motion, motion passed unanimously. Public Hearing for Rezoning Case R-07-03 Ms. Hill stated the next two cases R-07-03 and R-07-04 Mr. Johnson is here to speak on them when she is finished with her staff report, they are both owned by Herring Sisters LLC. R-07-03 Tax Parcel ID 774-22 on Goldsboro Lane. Ms. Hill stated that Mr. Privott are here for R-07-05. Alderman Tuman made a motion to combine all of the rezoning Cases R-07-03 through R-07-08. Alderman handy seconded the motion, motion passed unanimously. Ms. Hill stated that she wanted to read a letter that Mr. and Mrs. Privott wrote to her. His notice was received June 3rd, 2007 which does not give adequate time to make arrangements to attend a meeting June 7th. I have not heard or seen anything which would influence my opinion, therefore I must object to this rezoning. How often can a property come up for rezoning, this was defeated at a recent Board of Aldermen meeting per the city manager, this could serve as an official objection and notarized. Yours truly, Mack Privott. Ms. Hill stated for all six of these properties the results from the Planning Board were the same, they were all denied, and they did not meet the requirements of Section 7-93 for rezoning. Ms. Hill stated the Planning Board is recommending to the Board of Aldermen that the Zoning for all six properties remain R-10 and the rezoning request be denied. Alderman Handy asked Ms. Hill if this makes any of the homes illegal. Ms. Hill stated they would all be non-conforming because they are less than 10,000. Sq. ft. Mr. Johnson came forward to speak. He stated that this is a situation trying to bring this into conformity; it’s not spot zoning because it’s a sub division that was in place before the incorporation of the Town as mentioned earlier. He stated that in his opinion it does meet the criteria under 7-93. He stated the proposal to place all properties similarly situated in the area in the same category which it does, in this area these are 5000 sq ft. lots. He stated it’s in the public interest to bring these lots into conformity because if you always have someone coming back before the Board of Adjustment to make adjustments within reality these lots existed for a long period of time and there is no change that has lead to this, those Variances would need to be grated so why go that process if we can bring them into conformity now. He stated we are not changing to another district we would be changing it to R-5 to comply with what is on the ground and that is 5000 sq ft. lots. The neighborhood won’t be adversity affected, it would be positively affected because it will bring these lots into conformity and it is consistent with land use principals. Mr. Privott 329 Goldsboro land came forward to speak. He stated he is neither for nor against the rezoning although he is basically opposed to the rezoning. He has owned property on North Topsail Beach since before it was a Town. He stated is opposed to the rezoning because it brings in more duplexes and more rental property. Alderman Tuman asked Mr. Privott if one of these properties is his and one that you did not request. Mr. Privott stated no, he did not request the rezoning. Alderman Tuman moved to close the Public Hearing. Alderman Handy seconded the motion, motion passed unanimously. Alderman Farley made a motion to deny the request for the rezoning. Alderman Tuman seconded the motion. Motion passed unanimously. ATTORNEY’S REPORT Attorney Kilroy stated he made an application to court last Monday to get a refund of all of the deposits in the condemnation cases and will be around $14,000.00 to $15,000.00 back. MAYOR’S REPORT The Mayor reported that the Town Clerk will be here on July 16th. The new receptionist Kim Weaver is working out well. He stated it is good to have Casey Fillinger as the Town’s new Police Chief. ALDERMEN’S REPORT Mayor Pro-Tem Hardison thanked the citizens for coming to the meeting tonight. Aldermen Tuman and Handy thanked the citizens as well and wished the fathers in the audience a Happy Fathers Day. CLOSED SESSION FOR LEGAL ADVICE AND PERSONNEL Alderman Handy made a motion to go into a closed Session at 10:30 p.m. Alderman Farley seconded the motion, motion passed unanimously. No action was taken in the closed session. ADJOURNMENT Alderman Handy made a motion to adjourn the meeting at 11:00 p.m. Alderman Farley seconded the motion, motion passed unanimously. Minutes prepared and submitted by Terrie Woodle, Permit Specialist. |