Town of Surf City



Town of Surf CityRegular Council Meeting MinutesDecember 7, 2010Mayor 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 Councilmen Helms and Fowler, Town Manager Michael Moore, Attorney Charles Lanier, Finance Director Jane Kirk and Town Clerk Patricia Arnold. Councilwoman Albury was absent.BEAUTIFICATION & APPEARANCE RECOGNITIONMayor Guy presented the Proclamations for the Home of the Month for December to Jessie & Vonnie Marshburn for their property located at 1702 S. Shore Drive and the Business of the Month for December to Herrings Outdoor Sports owned by Peggy, Steve, & Jessie Bailey located at 701 N. New River Drive.PRESENTATIONMayor Guy presented Police Chief Mike Halstead with a plaque for Outstanding AAA Carolina Foundation for Traffic Safety’s 2010 Outstanding North Carolina Traffic Safe Community to Surf City. This award was award to town with populations less than 10,000.Approval of MinutesMinutes of the November 4, 2010 Regular Meeting were recommended for approval by Town Attorney Charles Lanier. Motion was made by Councilman Helms and seconded by Mayor Pro Tem Medlin to approve as presented and was carried unanimously.Marlowe 2011 ContractCouncilman Curley stated that this would be the sixth year we have worked with Marlowe & Company. Marlowe’s staffs work closely with our Topsail Island Shoreline Protection Commission. They assist us with our efforts to assure timely project management and sufficient federal funding for the initial construction and periodic beach nourishment of federal shore protection projects located on Topsail Island.Marlowe & Company bill us $5,000 per month for services performed pursuant to the agreement and such fees not to exceed $60,000 in the aggregate during the Term of the agreement. The $60,000 is shared equally between North Topsail Beach, Topsail Beach, and Surf City. Each Town pays $20,000 each.This agreement must be approved by the three island elected boards before signed and returned to Marlowe & Company.If Council desires to continue working with Marlowe & Company the Council needs to approve the Services Agreement contingent upon approval from the North Topsail Board and the Topsail Beach Board.Marlowe has provided effective service and has done effectively everything we have asked of them. Presently, for 2011 the Senate has proposed 300K for the Surf City/North Topsail Beach Project & 722K for the Topsail Beach project. The House has proposed 300K for Surf City/North Topsail Beach Project, this of course is not finalized, but they are confident. We have a problem with the last sentence of the agenda presentation “If Council desires to continue working with Marlowe & Company the Council needs to approve the Services Agreement contingent upon approval from the North Topsail Board and the Topsail Beach Board.”Approval of this contract is contingent upon approval of North Topsail Beach & Topsail Beach Boards, which did not happen last Thursday. North Topsail Beach passed a motion to revise the proposed Agreement.The revisions add additional specific area that Marlowe will assist the island, in previous years Marlowe has provided us with every service we have requested of them.Also the revisions state that all disputes will be resolved in the state of NC versus Washington, DC. In six years we have not had one dispute. It is my personal opinion that these requests are asking Marlowe to raise our cost.A little history on the proposals:Similar changes were proposed last year, they were rejected and, because of timing, asked to present laterEarlier this year the changes were requested again, 2010 agreement were distributed to the Commission at the September meeting, they were asked to review and told that a discussion would happen at the October meeting.At the October meeting was asked if they desired to make changes, there were no proposals and the feeling was that we should continue with the original agreement.Marlowe submitted the 2011 Service Agreement prior to the November meeting. It was presented to the Board at that meeting and all were asked to present to their Boards for approvalOne Commissioner said a member of his Board proposed changes similar to those presented at the October Meeting, the changes were discussed and the Chairmen asked if anyone would like to make a motion to revise the agreement, no one spoke.A motion was made and seconded to present Marlowe’s unchanged proposal to the Island Boards.I reviewed this with various North Topsail Beach members and felt we were safe, obviously we were not. I have discussed this with Topsail Beach. They vote tomorrow evening. I was told they intented to approve the proposal as presented by the TISPC Board & Marlowe. TISPC meets a week from this coming Thursday. Councilman Curley made a motion to approve the 2011 Marlowe Company Service Agreement as Presented by Marlowe Company enclosed in this agenda booklet and endorsed by the TISPC Board, signing contingent upon the Towns of Topsail Beach and North Topsail Beach's approval of the same agreement. That the existing Surf City members of the TISPC & the Members of this Surf City Council make every effort to resolve our differences with North Topsail Beach. Mayor Pro Tem Medlin seconded motion. Motion carried unanimously.Salt Water Landing Phase 3 PRELIMINARY PlansTown Planner Rademacher stated that this site is zoned R-10 residential and will allow for single family homes or duplexes on 10,000 square foot lots.Mr. Lanier is proposing 59 lots and common area in this third phase of development. Access to the project will be provided by extending South Brig Dr. and creating a new street called Montgomery Loop. The plans for water and sewer have been reviewed by staff and engineers for ordinance compliance with the note of adding a potable water connection at the new lift station site. The developer will be using live oaks or a similar street tree every 40 feet on center along the street frontages. Lighting will exceed the requirement of the ordinance with lights at intersections and for every 6 lots. Sidewalks are provided along street frontages at a minimum of 5 feet in width. Sidewalks will also be completed along the 210 road frontage of the neighborhood and pavement will be completed for interconnectivity to the public street of Becky’s Creek Rd. and a turn lane is to be constructed from highway 210 at the main entrance of the neighborhood. Paving will be done to meet the NCDOT standard and all ROW widths are 50 feet in width which exceed the public street standard of 45 feet. Future connectivity is provided to adjoining parcels of land in accordance with the ordinance.The Planning Board recommends approval of the preliminary subdivision plan.Mayor Pro Tem Medlin made a motion to approve the Salt Water Landing Phase 3 Preliminary Plans. Councilman Fowler seconded motion. Motion carried unanimously.Surf City Water Shortage Response PlanTown Manager Moore stated that the State of North Carolina requires that we have a Council approved Water Shortage Response Plan. This plan has been reviewed by staff and by the Water staff at the state level. Need formal action from Council to complete the process adopting our Water Shortage Response Plan.Surf City has approved Water Shortage Response Plan in the past and we have not officially updated our plan since completion of our water treatment plant.Staff recommends and request that Town Council approve and adopt the Surf City Water Shortage Response Plan dated October 2010.Councilman Fowler made a motion to approve the Surf City Water Shortage Response Plan to present to the State. Councilman Helms seconded motion. Motion carried unanimously. Copy of Surf City Water Shortage Response Plan is attached to these minutes.Engineers Project Updates, Town Manager MooreMainland Pump StationThe Contractor is now about 4 weeks behind schedule. Most of the equipment is now at the site and installed including the electrical panels and equipment which are being stored at the site. Over the next 30 days, the equipment packages will be installed and the building will be completed.To summarize, over the last 30 Days (November 2010):Installed roof beams, metal decking, roof nailers, and roof.Assembled pumps, valves and piping in pump room.Weld SS piping and tie into ductile outside building.Installed monorail.Installed doors and hardware.Installed 18” RCP at road.Dixie put on block fill and first coat of paint.Perrigo Heating installed HVAC.Electrical Services installed electrical conduit, 3 VFD’s, pump control panel and temporary lights.We have tested all piping and are supposed to be chlorinating today.We have brought the road out to pavement up to sub grade down to the front of the pump station.Anticipated work over the next 30 Days (December 2010):Finish welding SS 16” header in pump room.Connect motor shafts to pump shafts and bolt down.Finish installing road.Finish grading job site.Sew grass.Dixie Paint to complete painting.Finish installing door hardware.Install fence.Install meter.Install SCADA.Pour pad for generator.Move generator from existing pump station to our new pump station.Install sink.Surf City Wastewater Treatment FacilitiesJuniper Swamp Phase 2 Disposal Design: The permit application package was submitted to the NCDENR Construction Grants & Loans during the month of October. Last week DWQ made a site visit with Cavanaugh, LMG and Town staff to review the project on the ground. We received very good feedback from DWQ. The permit review is on-going and we expect a request for additional information from DWQ by the end of December with probable permit issuance in January.Tortuga Lane Street & Utilities DesignThe Erosion Control permit has been issued. The Stormwater Management permit is still under review and is pending issuance. Subsequently, the Town will apply for the water and sewer permits from the State, and can begin advertisement over the prehensive Water Audit & Leak DetectionWe are currently performing leak detection in the field and a project summary will be presented to Council following completion.Other Notables:Cavanaugh is assisting the Town with various water systems and wastewater system monitoring and compliance matters.During the month of November, Cavanaugh assisted the Town in preparing a Bicycle Path Planning Grant application to NCDOT. The grant application is pending review.tax releasesCouncilman Fowler made a motion to approve the tax releases. Councilman Helms seconded motion. Motion carried unanimously. Copy of tax releases are attached to theses minutes.Public ForumSue Tuman, 3944 River Road, North Topsail Beach, President of Operation Topcat.I will be turning in to your Town Clerk this collection of letters in my hand regarding the proposed Surf City Animal Ordinance draft. Some have already been submitted to the town and some have not. They have been complied by several members of Operation Topcat's Board.I do not intend to discuss sections of the proposed Surf City Animal ordinance draft tonight other than to say that I found the draft legal, perhaps, but not humane. It's interesting that Surf City would be proposing to take such large steps backward when the State General Assembly authorized a study during their 2010 legislative session on companion animal welfare. This study will focus on current laws and regulations pertaining to the welfare of dogs and cats. One aspect will took at options to reduce the number of dogs and cats euthanized each year in NC.Council members may already be aware that the Onslow and Pender County Animal Control Departments can only enforce county and state ordinances and legislation. This will mean that in order to enforce some of the proposed sections, Surf City will need to hire your own Animal Control officers or else add this to the duties of your Police Department.When I spoke with Town Manager Moore a few days ago, he indicated that he had not completed forming the Committee which will work on this issue. As I understand it, Operation Topcat will have a position on that committee and I thank you for that position. I have spoken with Topcat Board member Margaret Godwin and she has agreed to sit in my place if I am unable to attend any meeting.I am concerned about the amount of representation that citizens of Surf City will have. There should be more than one town resident on the committee. I know of several citizens of Surf City who have offered their names as committee members and hope that at least two citizens will be chosen.In my last conversation with Town Manager Moore I requested that he set a date for the committee's first meeting either before Christmas or between January 3 and January 13, because I want to be sure to be able to attend that first session. He ruled out before Christmas, so I am keeping my calendar clear between those dates in January, awaiting a decision on the date and time chosen.Thank you for this opportunity to speak and may I wish all of you a joyful Christmas season and a wonderful New Year.Margaret Godwin, 105 Marshview Rd., Hampstead, I own property in Surf City, and for 15 years from 1994-2009 I was a resident of Surf City and owned a business here.I want to comment publicly about the mission and efforts of Operation Topcat. I believe what this nonprofit group does would be adversely impacted by the extreme changes in the proposed animal ordinance revisions.Operation Topcat volunteers work to find homes for tame stray cats which alleviates the roaming population of cats. In 2008 we helped 430 tame and 198 feral cats. In 2009 we helped 390 tame and 175 feral cats. So far this year we have helped over 300 tame cats and over 100 ferals.We work diligently to catch ferals and get them sterilized and vaccinated. Operation Topcat follows the nationally accepted protocol called TNR (trap/neuter/release). It is a humane way to reduce the feral cat population by ensuring less reproduction and healthier animals overall. I have included an article about how the stance endorsed by the National Animal Control Association changed in 2008 towards a broader view of community cats making animal care and monitoring a management strategy. Feral cats provide real benefits in the control of rodents and snakes. Please refer to the article from Alley Cat Allies, a national association that states feeding bans do NOT work, inhibit the success of TNR, are not humane, and are difficult to enforce.I also have provided a petition of signatures of 220 people who support and appreciate the efforts of Operation Topcat. These names include donor supporters, adopters, fosterers, board members, volunteers, and people we have helped. There are also 2 veterinarians who signed the petition, Dr. Rosemarie Williams, DVM and Dr. Deborah MacArthur Wicks, DVM.I also have included data from a study done by scientists at USDA Forest Service and Smithsonian Conservation and Research Center to refute the worry that cats are decimating bird populations. It is loss of habitat and pesticide use that is responsible for dwindling bird numbers. I also excerpted data from Cornell University's website about the exceptionally miniscule risk of toxoplasmosis in American society.I suggest to the Town Council that the animal ordinances do not need these extreme revisions. If anything, the ordinance should expressly provide protection for wild animals, (which would include feral cats) and protection for rescues and fosterers who are proactively making a difference in the lives of animals and people here.Instead of spending money to try and enforce un-enforceable laws... dedicate similar monies to offer low cost Spay/Neuter clinics and rabies vaccination clinics here in Surf City.I respectfully request that my statement and attached documents be entered into the official record of this meeting. Thank you.Pennie Gettinger, 1005 N. New River Drive, stated that she would like to be a volunteer on the animal ordinance committee. COUNCIL FORUMCouncilman Curley thanked everyone for their input, presence and presentation, stating that the council appreciated it.Mayor Pro Tem Medlin stated that fishermen asked that he request about driving on the beach at night for fishing after all the turtle eggs have been hatched. Mayor Pro Tem Medlin made a motion to put on the January Council meeting to set a hearing date for discussion of driving on the beach at night. Councilman Fowler seconded motion. Motion carried unanimously.Councilman Fowler wished Merry Christmas to everyone and thanked everyone for their input. He requested that everyone be safe on the road and with Christmas lights and to have a great holiday.Parks & Recreation Director Grubb stated that December 11th 8am-11am Breakfast with Santa at the Community Center. Donations are in support of Community Assistance Program. She encouraged everyone to bring a new unwrapped toy, food, or monetary gift. Councilman Helms thanked everyone for coming and for their comments and their work as volunteers. He encouraged everyone to be careful and safe with their Christmas trees and not to forget to water them. He said to be careful of candles also.Mayor Guy thanked everyone for coming and for participating in the discussion and contributing to the meeting. He thanked the media for keeping everyone aware of what is happening in Surf City.Dolphin Dip RequestMayor Pro Tem Medlin made a motion to approve the use of the Roland Ave. beach access for the Dolphin Dip Extravaganza January 1, 2011. Councilman Fowler seconded motion. Motion carried unanimously.MANAGER REPORTResolution Supporting NCDOT Application for Bicycle and Pedestrian Planning Grant Funds for 2011Mayor Pro Tem Medlin made a motion to approve the Resolution Supporting NCDOT Application for Bicycle and Pedestrian Planning Grant Funds for 2011. Councilman Helms seconded motion. Motion carried unanimously. Copy of Resolution is attached to these minutes.TOWN ATTORNEY REPORTNo report at this time.AdjournmentThere being no further business the meeting was adjourned at 7:53 p.m. upon the motion by Councilman Helms and seconded by Councilman Helms. The Council unanimously approved motion.______________________________ ______________________________Patricia E. Arnold, CMC Town Clerk A. D. (Zander) Guy, Jr., Mayor ................
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