BOARD OF ALDERMEN

					BOARD OF ALDERMEN                                    REGULAR MEETING MINUTES
SEPTEMBER 8, 2005                                                     7:30 P.M.
ALDERMEN CHAMBERS                                             SOUTHPORT, N.C.


MEMBERS PRESENT:             James C. Brown, Mayor Pro Tempore’
                             Aldermen Nelson E. Adams, Mary “Meezie” Childs,
                             James Powell and Mary “Stuart” Callari

MEMBERS ABSENT:              Norman Holden, Mayor
                             Paul Fisher, Aldermen

STAFF PRESENT:               Rob Gandy, City Manager
                             Regina W. Alexander-CMC, City Clerk
                             Mike Isenberg, City Attorney
                             Bob Grant, Public Services Director
                             Randy Jones, Director of Tourism

The regular monthly meeting of the Southport Board of Aldermen was called to order at
7:30 p.m. by Mayor Pro Tempore’ James Brown.

Mayor Pro Tem Brown delivered the invocation.

MINUTES

Alderman Powell motioned to approve the special meeting minutes of August 3, 2005
and regular meeting minutes of August 11. The motion was seconded by Alderman
Callari. The vote of approval was unanimous.

                                 CITIZEN MATTERS
                                     (Non-Agenda Items)

Mr. Randy Fullwood of 4824 Southgate Boulevard stated “as the turmoil surmounts
daily about the marina, let’s not forget the citizens of this fine town can and do make a
difference in the politics of this town.” He explained in addressing the Board that
change comes through its people, not through construction. He stated the growth of the
town is contingent upon the people having a voice and constantly being watchful of the
construction and happenings that is going on. Mr. Fullwood stated that the city is
allowing developers to come in and change the face of the town not in a good way, which
changes the character. Mr. Fullwood stated that the Unified Development Ordinance is a
good document with flaws. It is a working document that can be changed in a positive
manner which can be helpful to the citizens of the town, but also detrimental. He stated
that mixed use businesses and residential within the Central Business District in
Southport will be detrimental. The UDO states it is not allowed, and the Consultant that
assisted with drafting the UDO has informed staff that if demolition occurs, there will be
no parking requirements. Mr. Fullwood asked the Board to realize the needs of the
people rather than the developers.
PUBLIC HEARING-CONTIGUOUS ANNEXATION (G.S. 160A-31)

Alderman Childs motioned to enter Public Hearing, seconded by Alderman Callari on a
request by Cape Fear Development, LLC for contiguous annexation. (1200 North Howe
Street). Vote carried.

There were no public comments.

Alderman Callari motioned to close the Public Hearing and re-enter regular session,
seconded by Alderman Childs. Vote carried.

REGULAR SESSION

Alderman Powell motioned to adopt the Annexation Ordinance pursuant to G.S. 160A-
31, seconded by Alderman Callari. Vote carried.

                          AN ORDINANCE TO EXTEND THE CORPORATE LIMITS
                            OF THE CITY OF SOUTHPORT, NORTH CAROLINA

WHEREAS, the City of Southport has been petitioned under G.S. 160A-31 to annex the area described below; and

WHEREAS, the Board of Aldermen has by resolution directed the City Clerk to investigate the sufficiency of the
petition; and

WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this
annexation was held at Southport City Hall at 7:30 p.m. on September 8, 2005 after due notice by publication in the
State Port Pilot on August 24 and August 31, 2005, and;

WHEREAS, the Board of Aldermen finds that the petition meets the requirements of G.S. 160A-31;

NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Southport, North Carolina that:

Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and
made part of the City of Southport effective immediately

Beginning at a nail in the pavement where the Northern line of Stuart Avenue, having a 66 foot right-of way,
is intersected by the Eastern line of North Howe Street (N.C. Highway 211, 80 foot right-of-way); running
thence from said beginning point North 18 Degrees 00 Minutes West along the Eastern line of North Howe
Street 119.68 feet to an existing iron pipe; thence North 72 degrees 31 Minutes 30 Seconds East 327.09
feet to a new iron rod in the Western line of S.R. 1542 (60 foot right-of-way); thence South 13 Degrees 59
Minutes East along the Western line of S.R. 1542 119.45 feet to a new iron rod at its intersection with the
Northern line of Stuart Avenue; thence South 72 Degrees 26 Minutes 41 Seconds West along the Northern
line of Stuart Avenue 318.72 feet to the point of beginning. Described property containing 38570.70 sq. ft.
0.89 Acres

Section 2. Upon and after September 8, 2005 the above described territory and its citizens and property shall be subject
to all debts, laws, ordinances and regulations in force in the City of Southport and shall be entitled to the same
privileges and benefits as other parts of the City of Southport. Said territory shall be subject to municipal taxes
according to G.S. 160A-58.10.

Section 3. The Mayor of the City of Southport shall cause to be recorded in the office of the Register of Deeds of
Brunswick County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the
annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall
also be delivered to the County Board of Elections, as required by G. S. 163-288.1.

ADOPTED, this the 8th day of September 2005.
                                              S/James Brown
                                              Mayor Pro Tempore

ATTEST:

S/Regina W. Alexander, CMC
City Clerk

PUBLIC HEARING – UNIFIED DEVELOPMENT ORDINANCE

Alderman Adams motioned, seconded by Alderman Childs to enter Public Hearing to
consider an amendment recommended by the Planning Board to the Unified
Development Ordinance and table of permitted uses; residential housing types. The
amendment reflects the change of single family detached as a permitted use in the
Central Business District (CBD), Business District (BD), Office and Institutional District
(O&I) and Highway Commercial (HC) to a Conditional Use in these zoning districts.
The vote of approval was unanimous.

Mr. Tom Peterson, representing Cape Fear Landing, LLC explained that his client’s
subdivision is being developed under the Unified Development Ordinance as it presently
exists and asked the Board to adhere to the policy and provide that any text amendments
to the UDO will not affect any projects that have been submitted to the city for approval.
They will continually work with staff to ensure that their project is in compliance with all
aspects of the current Unified Development Ordinance.

No other comments, Alderman Callari motioned to close the public hearing and re-
enter regular session, seconded by Alderman Childs, vote carried.

REGULAR SESSION

Mayor Pro Tem Brown stated that it is the consensus of the Board to defer action on this
matter until all Board members are present. Motion was made by Alderman Childs,
seconded by Alderman Powell to defer consideration of amending the Unified
Development Ordinance until a later date. The vote of approval was unanimous.

PUBLIC HEARING- CONDITIONAL USE PERMIT

Alderman Childs motioned to enter Public Hearing, seconded by Alderman Callari
on a request by Mr. Cameron Smith for a Conditional Use Permit to construct a
boat dock at his property known as “Bonnet’s Landing” located at 704 East Moore
Street. Vote of approval was unanimous.

No comments, Alderman Childs motioned to close the Public Hearing and re-enter
regular session, seconded by Alderman Callari. Vote carried.
REGULAR SESSION

Alderman Childs motioned to approve the request from Mr. Cameron Smith for a
Conditional Use Permit to construct a boat dock. Motion seconded by Alderman
Callari and the vote of approval was unanimous.

BRUNSWICK CITIZENS FOR A SAFE ENVIRONMENT

Ms. Veronica Carter, representing Brunswick Citizens for a Safe Environment
addressed the Board regarding the proposed Hugo Neu project.(Handouts were given to
the Board) She stated this organization is fighting the proposed Hugo Neu Landfill
proposed to be built in Navassa, N. C. on a 750 acre site which Navassa obtained
through satellite annexation. She asked the Board to consider adopting a resolution
opposing this project, the same as some neighboring towns.

Mayor Pro Tem Brown thanked Ms. Carter for the presentation and stated it is the
Board’s wish to ascertain the sentiments of the citizens before taking action on her
request.

CATHOLIC HOUSING – SACRED HEART VILLAS

Ms. Rita Blackmon, Managing Agent for Catholic Housing, Sacred Heart Villas,
LLC asked for a modification to their existing Agreement between the City of
Southport and Sacred Heart Villas, changing the billing rate of 5000 GPD to actual
usage retroactive to January 1, 2005. She stated their usage is one half of what they
are actually paying for is the reason for this request.

Alderman Childs motioned to modify the agreement to actual usage retroactive to
July 1, 2005. Motion seconded by Alderman Powell, vote carried.

Attorney Isenberg asked that the contract amendment modification be presented in
writing in order for it to be executed.

SOUTHPORT HISTORICAL SOCIETY

Mr. Peter Wyckoff, President of the Southport Historical Society, introduced Beverly
Wyckoff, Curator of the Old Jail Museum. Mrs. Wyckoff stated since opening on
June 1, 2005, 750 people have visited the Old Jail Museum; they have approximately 30
volunteer docents from the Southport Historical Society. An Advisory Board of 6 people
has been established, a Task Force to create the 1904 Family Life Room which will
depict family life in Southport during this period, and a Task Force for research and
archives. They have a volunteer Site Manager with a work crew who continues to work
on the restoration and building maintenance. They have partnered with an Eagle Scout
from Trinity Methodist Church who is creating a walkway with memorial bricks that
were sold as a fund raiser. On behalf of the Southport Historical Society thanks were
extended to the Board for their support.
MAIN STREET PROGRAM – RESOLUTION

Ms. Susan Farley stated Southport was once a part of the Main Street Program and
asked for a resolution from the Board endorsing the application process to become a
part of the program. She stated $12,000 has been budgeted in the Department of
Tourism budget which will be repaid by the Southport Merchant’s and Southport
Historical Society through fundraisers.

For clarification, City Manager Gandy stated the Project Director is not a city position
and will be on a contractual basis between the Department of Tourism, Merchants
Association and the Southport Historical Society.

Alderman Callari motioned, seconded by Alderman Powell to adopt a resolution in
support of the main street program. Vote of approval was unanimous.
                                            RESOLUTION
                              IN SUPPORT OF THE MAIN STREET PROGRAM

WHEREAS, the City of Southport recognizes the importance of keeping the downtown area of Southport vital, alive
and dynamic;

WHEREAS, the City of Southport has over the years made a substantial investment in the downtown infrastructure,
landscaping and amenities and will continue to do so;

WHEREAS, the City of Southport partners with the Merchants Association in shaping the future of the downtown
area;

WHEREAS, the City of Southport, Southport Historical Society and the Merchants Association will fund the position
of Project Manager for the City’s Main Street Program;

NOW THEREFORE BE IT RESOLVED, that the Mayor and Board of Aldermen of the City of Southport offer our
full endorsement of the city’s application to the Main Street Program and will work with the Merchants Association to
ensure adequate funding for the endeavor.

ADOPTED, this the 8th day of September 2005.

                                                          S/James C. Brown, Mayor Pro Tempore

ATTEST:

S/Regina W. Alexander, City Clerk


NO OCTANE REGATTA

Alderman Childs motioned, seconded by Alderman Callari to adopt a Resolution in
support of the 6th annual No Octane Regatta scheduled for Saturday, September 10,
2005. The vote of approval was unanimous.

                                                 RESOLUTION

WHEREAS, the 6th annual No Octane Regatta will be held in Southport on Saturday, September 10, 2005;
and
WHEREAS, the citizens of this community will have the opportunity to compete in kayaking, canoeing
and bicycle events; and

WHEREAS, we realize that participating in organized sporting events help build character, sportsmanship,
enthusiasm and team play; and

WHEREAS, the City of Southport recognizes and commends all organizations affiliated with this event.

NOW THEREFORE BE IT RESOLVED, that the City of Southport supports this regatta and extends
greetings and best wishes to all participants on a successful event; and

BE IT FURTHER RESOLVED, that all residents are asked to be cognizant of this occasion and the
importance of organized sporting events in the lives of our citizens.

DULY ADOPTED this the 8th day of September, 2005.

                                                 S/ James Brown, Mayor Pro-Tempore

Attest:

S/ Regina W. Alexander, Clerk


ASCAP MUSIC LICENSE AGREEMENT-COPYRIGHT INFRINGEMENT

City Manager Gandy told the Board that the issue of music copyright infringement has
been discussed with regards to public performances of copyrighted music. After
discussion with the City Attorney, they were in agreement that in order to avoid
copyright infringement and penalties imposed as a result of violation, it is recommended
that the city enter into a music licensing agreement. The annual base license fee of
municipalities under 50,000 population is $268.

Alderman Callari motioned, seconded by Alderman Childs to approve the music
licensing agreement with ASCAP. The vote of approval was unanimous. (Agreement
drafted by the American Society of Composers, Authors and Publishers). (Agreement
Incorporated as Attachment #1)

CREDIT CARD POLICY

City Manager stated adopting this policy is a means to improve internal control. The
policy has been reviewed by the City Auditor and is recommended. Alderman Childs
motioned to approve the Credit Card Policy, seconded by Alderman Callari. Vote of
approval was unanimous.

                             City of Southport Credit Card Policy

SUBJECT:         Credit Card Usage in the Performance of City Business

PURPOSE:         To establish criteria for the use of credit and purchase cards issued on behalf of
the City in the course of performing City business. To standardize the documentation and
reporting of business expenses, so that all City employees/officials are guided by a common set of
expense guidelines established by the City of Southport, Local Government Fiscal Control Act
and IRS Regulations.

PROCEDURE:

Business Credit Card: Business Credit Cards will be available for check out not more than one
(1) day prior to their anticipated use from the Finance Department for the use of the Mayor,
Aldermen, the City Manager and City Employees. The individual to whom the card is issued is
responsible for the card and its proper use. The City Manager will have final approval authority
on credit card issuance. The Finance Director will be responsible for verifying reconciliation of
all credit card usage and charges pursuant to this policy.

The credit card is to be used for approved, official business only. The City recognizes that
occasionally it will be good business for a City Official to buy meals when working with existing
or potential business investors, agencies that might purchase City services Such use of the credit
card is recognized to be a legitimate expense of the City whether used locally or while traveling
as long as it is an ordinary and/or necessary expense as regulated by IRS.

For other travel expenses, the credit card will only be used for securing and confirming lodging
and travel reservations. Once the reservation is confirmed, the employee/official is to submit a
Travel Expense Request two weeks in advance for Lodging, Meals, Mileage, Registration and
other related miscellaneous fees. A check will be issued to that employee/official one (1) day,
prior to departure. In the event, that travel plans are cancelled and an employee has received an
advance, the City must be reimbursed immediately.

The credit card will not be used in lieu of the normal purchasing procedures of the City of
Southport. In the event that a vendor will not bill the City with the security of purchase order
number, an exception will be made. This exception is made only after the employee follows the
correct procedure of obtaining a purchase order prior to the purchase as required by Local
Government Commission’s. No item over $5,000 will be charged on the City Credit Card.

Personal use of credit cards is strictly prohibited and subject to disciplinary actions to include
termination of employment.

Reconciliation- Credit card activity must be reconciled as established below:

        The Cardholder will submit receipts and/or documentation describing and appropriately
coding each transaction on a purchase order immediately. All lodging receipts and daily meal
expenditures that exceed $75.00 are to be submitted as required by IRS regulations.

         Receipt/documentation should be completed and the card returned to the City not later
than one (1) day after use. In the event of a lost or missing receipt, the City employee/official
will be held personally responsible for the expense and must compensate the City immediately.

Adopted by the Southport Board of Aldermen on September 8, 2005.

                                        S/James Brown, Mayor Pro Tempore
ATTEST:

S/Regina Alexander, City Clerk
BEAUTIFICATION COMMITTEE

Mr. Ed Buguskie of 502 West Brown Street reported on the Southport Fall
Community Sweep that will begin on September 17. He asked Aldermen and citizens
to come out and support the cleanup which begins 8:30 a.m. at Waterfront Park.
Southport’s fall clean-up is being held concurrently with the toxic waste pick up that will
be at Wal-Mart. A dumpster will be provided by the City from September 12-17 in
which residents can bring other items other than what is collected street side. Bags will
be located at City Hall for anyone wishing to clean a block or street prior to the 17th.

Mayor Pro Tem stated the kick off is keeping in conjunction with Governor Easley’s
Clean Sweep Program and a dumpster will be located at Lowe White Park.

                                   OTHER BUSINESS

City Manager Gandy informed the Board that he has received concerns from
citizens along Bay Street about the noise from the firing of the cannon by the
Southport Historical Society. He met with citizens and representatives from the
Southport Historical Society during the spring and some of the citizens met with the
Southport Historical Society Board of Directors to try and resolve this issue. As a result
of the meeting, the Historical Society drafted a set of rules to govern firing of the cannon.
Recently, he was contacted by a concerned citizen who is still being disrupted by the
noise and requested the city enforce its Noise Ordinance. It was explained that the
Southport Historical Society use firing of the cannon for private events as a means of
raising funds. The citizen asked that the Historical Society curtail the firing of cannons
for private events. He asked the Board for recommendations and requested the City
Attorney respond to the question of being in violation of the City’s Noise Ordinance.

Mayor Pro Tem Brown asked about the number of times the cannon is fired for private
events. Mr. Bill Fravel stated this depends on requests, sometimes the cannon may be
fired two to three times over a weekend. They will provide the Board with a list of
scheduled activities. Mayor Pro Tem Brown stated this matter will be turned over to the
City Attorney for review.

Mr. Jim Clary, a resident of East Bay Street expressed concern that the cannon is being
fired every weekend, especially in the summer months. Some of the residents fear that
the momentum is being picked up and they ask that the cannon firings be reserved for
honorary and patriotic events.

HURRICANE KATRINA

Alderman Adams asked if the City has made any plans to aid Katrina Hurricane victims
through disaster relief. City Manager Gandy gave the Board a handout that governs
expenditure of public funds. Alderman Adams suggested the City establish one day
for disaster relief and insure that the public is aware of it. He suggested water, clothing
etc. and the possibility of having a focal point to drop these supplies off within the City.
He also suggested the possibility of transporting these supplies to a location where
supplies are being shipped to Louisiana, possibly Wilmington. Mrs. Jewell Prendeville
recommended cleaning supplies be added to the list. City Manager Gandy asked Ms.
Prendeville if she will work with the City through the Inter Church Fellowship to help
coordinate this effort.

UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
Alderman Childs stated the UDO Committee did not meet as scheduled due to
postponement of the meeting by request of Mr. Holland as a result of the impending gas
shortage.

 Alderman Childs asked that a recommendation be made to the Planning Board
pertaining to mixed use in the Central Business District and to establish a Marina
Zone. Alderman Childs asked the Board to schedule a Public Hearing at the October 13th
meeting on any recommendations that the Planning Board submits from its September
meeting. City Manager Gandy will contact staff and request that these items be placed on
the Planning Board’s September agenda. UDO workshop scheduled at 6:00 p.m.,
September 22, 2005.

MARINA COMMITTEE

Alderman Childs stated the Marina Committee continues to meet jointly with the Save
the Marina Committee. The Marina Committee requested the City Manager, Bob Grant
and Wayne Strickland to perform an inspection based on the report that the City has
concerning violations.

City Manager Gandy stated the results of an inspection performed by the State Building
Inspector in February 2005 listed several deficiencies. Per request of the Marina
Committee, staff visited those areas with the Manager of the Marina. A report was
provided to him along with other observations and a list of estimates on repairs.

   •   Main problems are concrete docks...3 docks (1 can’t be removed because it help
       supports a structure)
   •   3 concrete docks need to be removed, pilings almost non-existent
   •   Building that houses the restaurant is in bad shape, ADA non compliant and other
       electrical problems
   •   Dry rack storage building in disrepair, needs to come down

Mayor Pro Tem Brown announced that part time personnel have been hired by the Police
Department and the department is opened from 8:30 a.m. to 12:00 mid night 7 days a
week. The Police Department received four computers through the Law Enforcement
Support Services which represents an $8,000 savings to the City. Congressman McIntyre
secured $1,905 to replace ballistic vests. In order to economize on gas, Police
Department has increased stationary patrols, foot, bicycle patrols and motorcycle.
Alderman Callari communicated that Alderman Fisher suggested the Board of Aldermen
have a workshop to discuss developing a plan of action in case the entire city had to be
evacuated. It was agreed that this is a good idea and Mayor Pro Tem asked the Board to
consider this request and think about a time that this workshop can be held.

City Manager Gandy communicated that the City has a Disaster Relief Plan in place and
it can be expanded. Alderman Adams asked that a copy of the Plan be provided to the
Board.

ADJOURNMENT

No further business, meeting was adjourned upon motion of Alderman Childs and
seconded by Alderman Callari, vote carried.




                                           S/James C. Brown, Mayor Pro Tempore


S/Regina W. Alexander, CMC
City Clerk

				
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