Shallotte Board of Aldermen Regular Meeting

SHALLOTTE BOARD OF ALDERMEN REGULAR MEETING June 3, 2025 5:15 P.M. The Shallotte Board of Aldermen met for a regular meeting on June 3, 2025 at 5:15 p.m. in the meeting chambers located at 110 Cheers Street with Mayor Walt Eccard presiding. Aldermen present: Larry Harrelson, Gene Vasile, Jimmy Bellamy, Bobby Williamson and Karmen Custer Staff present: Mimi Gaither, Robert Waring, Brandon Eaton, Natalie Goins, Isaac Norris, Adam Stanley, Paul Dunwell, Dan Formyduval and Attorney Laura Thompson. I. CALL TO ORDER Mayor Eccard called the meeting to order. A motion was made by Karmen Custer seconded by Gene Vasile to open the meeting. Motion carried 5 yes 0 no. II. INVOCATION & PLEDGE Alderman Larry Harrelson gave the Invocation followed by the Board and audience reciting the Pledge of Allegiance. III. LIFE SAVING AWARDS 1. Officer Christopher Brown 2. Sergeant Jeremy Ferguson Mayor Eccard shared details of an incident that occurred on Sunday, June 1, 2025 at the Cardinal Pointe Clubhouse. Sergeant Jeremy Ferguson and Officer Christopher Brown responded to an alarm and were alerted to an unresponsive child in the pool. Officer Brown pulled the child from the water while Sergeant Ferguson checked for a pulse and called EMS. Officer Brown performed CPR for approximately three minutes until the child began breathing on her own. Mayor Eccard stated their swift, decisive actions directly saved a life and reflect great credit upon themselves, the Shallotte Police Department, and the Town of Shallotte. Mayor Eccard, along with the child and family members, presented Officer Brown and Sergeant Ferguson with Life Saving Award certificates. Police Chief Adam Stanley also presented Officer Brown and Sergeant Ferguson with Life Saving medals. IV. CONFLICT OF INTEREST Mayor Eccard asked if any member of the Board had a conflict of interest or the appearance of a conflict of interest with regard to any item on the agenda. None stated. V. AGENDA AMENDMENTS & APPROVAL OF AGENDA A motion was made by Gene Vasile seconded by Karmen Custer to make the following amendments and approve the amended agenda: - VII. Department Reports, Item 6. Parks & Recreation, add 1. Paint the Town Purple. - VIII. Consent Agenda, add G. Budget Adjustment BA-24-25-13 and H. Waste Industries  Contract - XII. Change Adjourn to Recess to July 26, 2025 Budget Public Hearing at 5:15. Motion carried 5 yes 0 no. VI. PUBLIC COMMENTS Charles Markelwith of 307 Country Club Villa Drive expressed concerns about traffic at the intersection of 179 and Main Street. He asked if anything could be done to improve the situation, such as adding a traffic light or a 3-way stop. Mayor Eccard explained that these were state roads under the purview of the Department of Transportation. Alderman Custer also informed Mr. Markowitz that he could submit comments and requests directly through the DOT website. VII. DEPARTMENT REPORTS 1. Police 2. Fire Alderman Vasile commended the department on “admirable” response times. 3. Planning 4. Public Utilities 1. Waterline relocation at Price Landing A motion was made by Larry Harrelson seconded by Gene Vasile to approve relocation of the waterline at Price Landing. Motion carried 5 yes 0 no. A motion was made by Gene Vasile seconded by Karmen Custer to award Vision Infrastructure the contract for relocating the waterline at Price Landing for $138,300.00. Motion carried 5 yes 0 no. 2. 12” Force Main Bid Award A motion was made by Gene Vasile seconded by Karmen Custer to award Carmichael Construction the contract for the 12” force main for $926,087.90. Motion carried 5 yes 0 no. 5. Finance 6. Media & Events 1. Paint the Town Purple A motion was made by Larry Harrelson seconded by Bobby Williamson to approve South Brunswick Woman’s Club’s request to “paint the town purple”, hanging string lights during the month of October for domestic violence awareness. Motion carried 5 yes 0 no. 7. Administration 8. Mayors Monthly Activities The mayor shared information from the day's GSATS meeting: • Bids for two super street intersections along US 17 will be let on July 15th, with construction expected to begin shortly after. • A new project of $630,000 was authorized to install rumble strips on State Route 130 and North Carolina 130 to State Route 1303 (Hickman Road) for safety reasons. • A resolution was adopted regarding funding for Carolina Bays. Given the state's funding situation for highway projects, the only near-term approach with promise of success would be to consider alternative means of financing, such as a toll road or a toll road with a public-private partnership. A study by DOT will determine how much funding could be generated by a toll road and whether it would be sufficient to cover the cost of the highway. • The draft environmental impact statement for the Carolina Bays project has not yet been received from the Federal Highway Administration. GSATS authorized a letter to be sent to senators and representatives urging them to prompt the Federal Highway Administration to move forward with the project. • A chart was presented showing updated classifications of roads based on traffic volume. Mayor Eccard noted that Main Street was reclassified from a major collector road to a minor arterial, and Village Road was reclassified from local to a major collector. VIII. CONSENT AGENDA A motion was made by Gene Vasile seconded by Karmen Custer to approve the following consent agenda items: A. April 4, 2025 Board Retreat minutes B. April 24, 2025 Budget Workshop minutes C. May 1, 2025 Budget Workshop minutes D. May 6, Regular Meeting minutes E. May 8, 2025 Budget Workshop minutes F. May 20, 2025 Work Session minutes G. Budget Adjustment: BA-24-25-13 $418,300.00 H. Waste Industries Contract Motion carried 5 yes 0 no. IX. PUBLIC HEARINGS 1. SUP 25-01 (Walmart Pickup) 1. A motion was made by Jimmy Bellamy seconded by Karmen Custer to open the Public Hearing. Motion carried 5 yes 0 no. 2. Town Clerk Natalie Goins administered the oath to those that wished to speak during the public hearing. - Brandon Eaton - Clint Cogburn - Phillip Takacs - David Orcutt Brandon Eaton, Town Planner, gave a brief overview of the request. Clint Cogburn, a land use attorney representing the applicant, presented the proposal. He explained that the minor expansion would be approximately 4,000 square feet, representing about a 2% increase in the total square footage of the existing Walmart Supercenter. He explained that the use is in compliance with all requirements of the UDO.  Phillip Takacs from Atwell LLC., the civil engineer for the project, noted the expansion would provide storage for online grocery pick up orders. Improvements to parking will include signage and refreshed striping. David Orcutt, Benchmark Group architect, described the expansion's cohesive design, noting that it would use the same materials as the existing store and would be the same height as the existing vestibule walls. Mr. Cogburn requested that permits related to the expansion not be delayed if there were delays related to NCDOT approval for the proposed sidewalk. Materials in packet and witness testimonies were admitted into evidence. 3. Public Comments/Questions 4. A motion was made by Karmen Custer seconded by Jimmy Bellamy to close the public hearing. Motion carried 5 yes 0 no. 5. Board Comments/Questions 6. The Board reviewed and agreed to each of the Specific Findings of Fact required for the special use permit. 7. A motion was made by Gene Vasile seconded by Larry Harrelson to approve SUP 25-01 with the following imposed special conditions: 1. All required fees shall be paid prior to final zoning approval; and 2. Per Sec. 12-12, all required site improvements shall commence within 12 months of SUP approval date or applicant shall request an extension of up to six months from the Shallotte Board of Aldermen; and 3. All required local, state, and federal permits shall be obtained and copies provided prior to final zoning approval; and 4. The site be maintained in accordance with the approved site plans. Motion carried 5 yes 0 no. A motion was made at 6:09 p.m by Gene Vasile seconded by Jimmy Bellamy to take a 5 minute recess. Motion carried 5 yes 0 no. Session was resumed at 6:15 p.m. 2. Cranwood Multi-Family Conditional Rezoning Parcel ID # 1810002402 & 18100024 Cranwood Shallotte, LLC. RAM-15 & B-2 to MF-6 (Conditional) 54 Acres +/- 308 Units 1. A motion was made by Jimmy Bellamy seconded by Gene Vasile to open the public hearing. Motion carried 5 yes 0 no. Town Planner Robert Waring gave an overview of the request to rezone the ETJ property from RAM-15 and B-2 to MF-6 (Conditional) for a 308-unit multifamily project. He explained which  roads would be private and which would be public. Annexation would be required before any construction. Pete Powers from Cranwood Enterprises, representing Cranwood Shallotte, presented the project. He explained that they were partnering with Brunswick Senior Resources to provide housing for seniors close to the senior center. Jim Fish, CEO of Brunswick Senior Resources, provided context about the growing demand for senior services in the area and how this project would help consolidate services and improve efficiency in delivering meals and other support to seniors. 2. Public Comments/Questions Mary Scott, a resident of Strawberry Way, expressed concerns about how the project might affect her property and other seniors in the area. Staff clarified that the rezoning and utility impacts were specific to the project site and would not directly affect surrounding properties. 3. A motion was made by Gene Vasile seconded by Bobby Williamson to close the public hearing. Motion carried 5 yes 0 no. 4. Board Comments/Questions Alderman Vasile asked if it were an age restricted community. Mr. Fish responded that it was age targeted. Alderman Bellamy inquired about targeted age, to which the reply was 55+. Alderman Harrelson commended Jim Fish for his work in the community and assistance provided to the senior population. Alderman Bellamy asked if any fire hydrants would be added. Jackson Starling of East Coast Engineering replied there would be one at the project entrance at North Mulberry. Alderman Harrelson asked about existing vegetation and elevation. Mr. Starling stated that the existing vegetation would be incorporated as part of the required buffering. Alan Lewis of East Coast Engineering noted single story ranch style units as well as 3 story multi-family buildings. Alderman Williamson inquired if the units would be for sale or rent. Mr. Lewis confirmed they would all be rentals. 5. A motion was made by Gene Vasile seconded by Karmen Custer to approve the Zoning Amendment Statement of Consistency with one modification: changing the sidewalk requirement to one 6-foot wide sidewalk along one side of the development. Motion carried 5 yes 0 no. 6. A motion was made by Jimmy Bellamy seconded by Karmen Custer to approve rezoning PID 1810002402 to CZ-MF-6 with the following conditions: 1. Six-foot-wide sidewalks be included on one side of the internal streets 2. The road connection to N. Mulberry be designated as private 3. The new road connection from the end of Express Dr. be designed and designated as pubic up to the gate location 4. The Express Dr. extension (up to the gate) be dedicated to the Town for public maintenance 5. Plans be updated to detail the type of open space intended, consistent with Article 29  6. All heritage trees be preserved or replaced per Sec. 17-15 7. Sewer allocation will be issued in 60 lot/unit increments 8. Stormwater plans be designed to handle runoff from a 25 year storm event 9. New Town of Shallotte SW permit applications e submitted with phased site & landscape plans 10. Copies of all state & federal permits (NCDOT, CAMA, USACE) be provided as they are available Motion carried 5 yes 0 no. 3. TXT 25-11 (Warehouses) 1. A motion was made by Gene Vasile seconded by Karmen Custer to open the public hearing. Motion carried 5 yes 0 no. Town Planner Brandon Eaton explained that the amendment would further define warehouses as a use within the town's development jurisdiction and establish regulations for warehouse flex uses. These flex uses are warehouses designed to have a retail and/or service element beyond solely industrial warehouse use. 2. Public Comments/Questions 3. A motion was made by Gene Vasile seconded by Karmen Custer to close the public hearing. Motion carried 5 yes 0 no. 4. Board Comments/Questions 5. A motion was made by Gene Vasile seconded by Bobby Williamson to approve the Board of Aldermen Statement of Consistency. Motion carried 5 yes 0 no. 6. A motion was made by Gene Vasile seconded by Karmen Custer to approve Ordinance 25-11 amending the Town of Shallotte Unified Development Ordinance, specifically Article 2, Section 2-2, Article 10, Section 10-2, and Article 10, Section 10-3 (II). Motion carried 5 yes 0 no. 4. TXT 25-10 (Hazardous Materials) 1. A motion was made by Gene Vasile seconded by Karmen Custer to open the public hearing. Motion carried 5 yes 0 no. Town Planner Brandon Eaton explained that the current UDO does not have language regulating the storage of hazardous materials as an accessory use to businesses operating in industrial areas, nor for hazardous materials incidental to the primary use of a property. 2. Public Comments/Questions Jimmy Williams, considering purchasing a property for a HVAC business, expressed concern about how this amendment might affect his ability to store refrigerants. 3. A motion was made by Gene Vasile seconded by Karmen Custer to close the public hearing. Motion carried 5 yes 0 no. 4. Board Comments/Questions The Board expressed concerns about the broad definition of hazardous materials and requested more clarity on quantities and specific materials that would be regulated. 5. A motion was made by Jimmy Bellamy seconded by Gene Vasile to ask staff to continue working on the amendment to provide more clarity. Motion carried 5 yes 0 no. 5. TXT 25-12 (Outside Display, Sales, & Storage) 1. A motion was made by Jimmy Bellamy seconded by Karmen Custer to open the public hearing. Motion carried 5 yes 0 no.  Town Planner Brandon Eaton explained that the amendment aims to update, define, and regulate outdoor display, sales, and storage within the town's development jurisdiction. It separates and further defines outside storage from outside sales and displays. 2. Public Comments/Questions 3. A motion was made by Jimmy Bellamy seconded by Gene Vasile to close the public hearing. Motion carried 5 yes 0 no. 4. Board Comments/Questions 5. A motion was made by Karmen Custer seconded by Gene Vasile to approve the Board of Aldermen Statement of Consistency. Motion carried 5 yes 0 no. 6. A motion was made by Larry Harrelson seconded by Karmen Custer to approve Ordinance 25- 12 amending the Town of Shallotte Unified Development Ordinance, specifically Article 2, Section 2-2, Article 10, Section 10-2, Article 10, Section 10-3 (Y) and Article 10, Section 10-3 (Z). Motion carried 5 yes 0 no. X. DISCUSSION XI. CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3), a motion was made by Jimmy Bellamy seconded by Gene Vasile at 7:44 p.m. to go into closed session to consult with the Attorney in order to protect the attorney-client privilege. Town Attorney Laura Thompson provided updates on Town of Shallotte v. Jeffrey Neal Simmons (Brunswick County file number 25CBD000008) and Tim Powell, Megan Powell, B & B Crane v. the Town of Shallotte (25CB002360-090). A motion was made at 7:57 p.m. by Jimmy Bellamy seconded by Gene Vasile to resume regular session. XII. RECESS A motion was made at 7:58 p.m. by Jimmy Bellamy seconded by Gene Vasile to recess to the June 26, 2025 Budget Public Hearing at 5:15 p.m. Motion carried 5 yes 0 no. Respectfully submitted, Natalie Goins Town Clerk