TOWN OF SWANSBORO BOARD OF COMMISSIONERS REGULAR MEETING MINUTES October 21, :00 p.m.

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1 TOWN OF SWANSBORO BOARD OF COMMISSIONERS REGULAR MEETING MINUTES October 21, :00 p.m. CALL TO ORDER The October 21, 2014 regular meeting of the Board of Commissioners of the Town of Swansboro was called to order at 6:04 p.m. in the Community Room of Town Hall. Those attending were: Mayor Scott Chadwick, Mayor Pro Tem Phil Keagy, Commissioner Pat Turner, Commissioner Gery Boucher, Commissioner Jim Allen, and Commissioner John Lister. Staff who attended was: Town Manager Dave Harvell, Administrative Assistant Alissa Fender, Planning Director Jennifer Holland, Finance Director Sonia Johnson, Public Works Director Jim Stipe, Public Safety Director Bob Ritchie, Parks and Rec Director Brittany Shipp and Human Resources Manager Lea Mills. Town Attorney Clifford Parsons was also in attendance. Mayor Chadwick gave the invocation and led the opening prayer. PUBLIC COMMENT Prior to the commencement of public comments, Mayor Pro Tem Keagy addressed the board and the audience regarding his concerns for the manner in which the previous month s meeting proceeded and urged all those present to be respectful and to consider their comments and words carefully. Walter Pylypiw/400 Tidal Court shared that he felt that the board had lost it integrity because of all the negative aspects of the Marina Dock project. He stated that the paper had not reported adequately on the situation, and shared a timeline of events on the project. He shared that in May 2012, a lease was signed after approval from the Board with dock cost at $144,223 and with a buyout set at $150,000. It was his opinion that the lease was a good lease and was in favor of the town. On March 3 rd, 2014, the Town Manager informed the Board of a needed increase for the dock, increasing the costs to $255,000. Mr. Pylypiw quoted the following motion history that was made on the Port O Swannsborough Dock project - Mr. Allen moved to approve the lease, seconded by Mr. Lister. Mr. Lister approved the $105,000 to be added to the dock project and seconded by Mrs. Turner. He stated that this was a blunder when there was a buyout clause of $150,000. Mr. Pylypiw commented that personal attacks began on Hal Silver, the Mayor and the Attorney when this issue (in his opinion) was the fault of the Town Manager - and for that he should be terminated. He also questioned why the town was paying legal fees for something that was not a lawsuit. Junior Freeman/220 Harbour View Lane shared that he felt the proposed $100,000 budget amendment for legal fees could go a long way towards other necessities for the town. He urged the board to please consider another option than continuing with the lawsuit with Swansboro Investors LLC., and suggested seeking another opinion from a 3 rd party to evaluate the circumstance before proceeding further. Alan Fielding/1228 Mt. Pleasant Road inquired on the current game plan for the lawsuit with Swansboro Investors LLC. He stated that they were seeing funds allocated for the legal fees of the lawsuit but that no further details of the situation had been provided to the public. Page 1 of 11

2 Tracy Beam/527 White Oak Crossing stated that she did not understand why the new Marina dock project was so difficult when she knew that Mr. Silver was willing to work with the town. She questioned why the lease was not looked at and commented that his situation had put the town at odds. Philip Winter/200 W. Moore Street shared that he had a petition circulating that had been successful and was having the Town Manager investigated and would provide a report to the board. He also thanked for board for the opening of the dock. ADOPTION OF AGENDA AND CONSENT ITEMS Mayor Chadwick requested that the Marina Dock Project be added to Non-Consent items so that the tabled motion made from September 16, 2014 meeting could be resolved. He also requested to remove the September 16, 2014 Regular Meeting minutes to the November consent items so that the board would have more time to review them. Commissioner Turner moved to approve the agenda and consent items with the removal of the September 16, 2014 Regular meeting minutes and the addition of the Marina Dock Project to Non-Consent. Her motion was seconded by Commissioner Boucher and approved unanimously. Those items approved under consent were: September 10, 2014 Workshop/Special Meeting Minutes September 16, 2014 Closed Session Minutes Event Application Swansboro by Candlelight Event Application Flotilla QUARTERLY FINANCIAL REPORT Sonia Johnson gave a quarterly finance report on the Town s Financial Status. Expenditures were at 29.60% for the year. Estimates Revenues $3,923,910 Revenues to Date $668,656 Expenditures Budgeted $3,923,910 Expenditures to Date $977,118 Balances First Citizens (checking) $127,207 NCCMT (term & general) $1,548, Estate of Bishop House (Cigar Shop) $190,000 expires 2016 BB&T Loan Amount (Town Hall/Tanker) $1,304,486 Balance $977,589 Audited Unassigned Fund Balance as of 6/30/14 $1,495,851 Projected Unassigned Fund Balance for 6/30/15 $1,221,651 Projected Unassigned Fund Balance for 6/30/16 $1,031,651 Mayor Chadwick wanted the public to understand that the Cigar Shop/Old Town Square property purchase. He provided a background summary of the purchase sharing that the town purchased the property which is currently Old Town Square and the Cigar Shop for $355,000. Page 2 of 11

3 After making several payments upfront there was a balance of $190,000 financed with an interest rate of 0% which expires in PUBLIC HEARING Re-zoning Request- Stanley Property Jennifer Holland introduced that Parker and Associates, on behalf of Charles and Annie Stanley and Sandra Stanley DeMurry, had submitted a request to rezone a portion of tax parcels and , located off of Pine Bluff Road and Nellie Lane in Swansboro. The request sought to covert a acre portion of the properties from an R/A (Residential/Agricultural) zoning designation to an R-20SF (Residential) zoning designation. The parcels were located in the ETJ and comprised of approximately 52 total acres. Previously, Parker and Associates had requested to re-zone the same property to R-10SF which was denied in January of this year. Mayor Chadwick what the difference of this request was to the previous request, to which Mr. Parker answered the previous was for a conditional use R12 with certain conditions that would guarantee minimum lot sizes and the layout of the development. The current request sought R20SF which was identical to the zoning of the nearby Halls Creek Neighborhood and was more restrictive than the zoning of nearby Park Place subdivision. Ms. Turner inquired about the number of lots with the first request. Mr. Parker advised that they had sought 90 lots with the anticipation that they would lose some to storm water drainage requirements. She inquired if it would be safe to assume that there would be 50 or 60 with the current request. Mr. Parker stated that was a fair assumption. The public hearing was opened at 6:43 p.m. John Parker/306 New Bridge Street, Jacksonville shared the rezoning specifics again of a straight R20SF which was identical to the zoning of the nearby Halls Creek Neighborhood and Pine Bluff Shores. He pointed out that this R20SF zoning was more restrictive than the zoning of nearby Park Place subdivision. He mentioned that it was consistent with the Land Use Plan and that of the two access points of Nellie Lane and Park Place. He also noted that he designed Nellie Lane years ago to provide the access to this area and the other areas that could be developed as a collector street. He further stated that water and sewer would be provided through ONWASA. Tom Cariker/906 Morganser Drive shared that he felt that it was not an appropriate time to rezone. He felt that the infrastructure along Hammocks Beach needed to be addressed and was more important. He also shared that the rezoning could affect property values and he still had concerns with the traffic issues that would arise from adding another subdivision in this area. Ray Howell/928 Morganser Drive shared that he felt increased traffic on Nellie Lane would result in safety issues. Darren DeMurry/Century Court shared that he used to reside at 193 Tunnel Lane as a child and that the increase in traffic and infrastructure deterioration on Hammocks Beach road was due to the 80 plus homes that were in the area now. He found the comments about traffic concerns as an insult. He stated that the town was going to develop and grow and there was no stopping it. Page 3 of 11

4 Bruce McLaughlin/401 Grey Lag Lane stated that the only change he could see from the last rezoning request was the number homes. He stated that he did not oppose development if it was responsible and if the impacts of the development did not affect their quality of life and the safety of the neighborhood. Tiffany McCawley/304 Baffle Court suggested that an alternate route for exiting instead of Nellie Lane. She shared that the neighborhood already had a problem with too much traffic and speeding on Nellie Lane. She also stated that she feared property values would be affected by building more homes and that hers had already dropped since she purchased it. Sandra Stanley DeMurry/193 Tunnel Lane shared that they had a deeded easement therefore they would always have a right to use Nellie Lane. She also stated that it was only fair to allow them to develop their property just as it was allowed for the development of Halls Creek North. Stephen Stanley/157 Tunnel Lane urged the board to approve the rezoning and shared that in order to sustain the income needed they would be force to breed and raise hogs on the property if it was not rezoned and was prepared to do so. He also stated that the decline in home values was not due to building new homes it was due to the economy. Mr. Stanley further shared that Tunnel Lane to Park Place would be the primary access with Nellie Lane being secondary. Philip Winter/200 W. Moore Street shared the he felt property development was important with the correct timing. He stated that the prior Fire Chief had said that our water supply in event of emergency will probably fail. He shared that the state had proposed a 35% increase on insurance and that if the town was to have 4 non-responses the town could lose its rating. If that 35% goes through for the state and we drop - our class homeowners would not be able to afford to insure them. He believed that infrastructure should be improved and then allow more building. Walter Pylypiw/400 Tidal Court - shared that he resides in Halls Creek and believed that there was a traffic problem and suggested that those involved or affected get together and discuss things. Glen Rodgers - stated that he owns the boat place right on the corner of Hammocks Beach Road and hoped that there was a peacefully settlement for all those involved. During discussion there was an inquiry on the number of access roads, and Mr. Parker advised there were two access roads Park Place to the North and Nellie Lane to the South which he pointed out on the map for clarification. He added that those two roads would be joined by the development. This would provide all neighborhoods an additional access road that could be used in an event of an emergency. There was also an inquiry if there were plans for addition access and if there were any studies done with NCDOT with regards to the traffic on Hammocks Beach. Mr. Parker shared that there would be a stub out to the west for the next adjoining development and that there was no requirement for a NCDOT study, that it may be required for a future rezoning. There was clarification given that Hammocks Beach Road was a NCDOT maintained road. There was also an inquiry on the services that would be provided by the town even though it was in the Page 4 of 11

5 ETJ, to which the Town Manager advised that public safety (police/fire) through mutual aide agreement. Jennifer Holland shared that the subdivision preliminary plat would be brought before the board at a future date. That was the appropriate time for a traffic study if required. Mayor Chadwick inquired if voluntary annexation would be considered. Mr. Parker advised that it had been offered at the first rezoning request in January, but it was no longer being considered. Commissioner Allen moved to approve Ordinance 2014-O16. His motion was seconded by Commissioner Turner and unanimously approved. The board recessed at 7:45 p.m. and reconvened at 7:56 p.m. UDO Amendment Article 25 Building Design and Compatibility Jennifer Holland introduced a staff recommendation to change Article 25, Building Design and Compatibility to clarify the applicability of the standards and guidelines when expansions or alterations occur. The language had been modified to be consistent with the language used under Article 6 pertaining to property values. The public hearing was opened at 7:58 p.m. then closed. There was no one signed up to speak. The board requested what instances led to the need for modify the language this way, and Ms. Holland advised that this clarified the term to be accumulative so that permits could not be obtained in parts or phases to skirt the requirements of the UDO. Commissioner Turner moved to approve Ordinance 2014-O17 amending the Unified Development Ordinance, Article 25 Building Design, and Compatibility. The motion was seconded by Mayor Pro Tem Keagy and approved by all. UDO Amendment Article 24 Landscaping and Buffering and Article 25 Building Design and Compatibility Staff proposed amendments to the Unified Development Ordinance, Article 24, Landscaping and Buffering, and Article 25, Building Design and Compatibility to clarify the applicability of the requirements to accessory structures. The public hearing was opened at 8:00 p.m. and then closed. There was no one signed up to speak. Mayor Pro Tem Keagy moved to approved Ordinance 2014-O18 amending the Unified Development Ordinance, Articles 24 Landscaping and Buffering and Article 25 Building Design and Compatibility. The motion was seconded by Commissioner Turner and approved unanimously. NEW BUSINESS NON-CONSENT Planned Building Group Review-Public Safety Building Addition Page 5 of 11

6 Bob Ritchie-Public Safety Director, submitted an application on behalf of the Town to construct a 1,800 square foot addition at 609 W. Corbett Avenue where the Swansboro Fire Department currently existed. The property was in the B-2 zoning district and was in Town limits. Once the addition was completed, the building would house both Police and Fire personnel. In discussion, the Board inquired about alternate paint colors than the rending example of red. Mr. Harvell advised that the architect would have several renderings to show in the future. The Board also inquired as to why there was 1 vote against the project from the planning board. Ms. Holland advised the vote against was due to the number of parking spaces required and the fact that the parking lot would be in a location that would require crossing the bay to get to and from the parking lot. There was also an inquiry of how long the renovation would sever the police and fire department adequately for space. Mr. Harvell advised that there was a training room that could be utilized for expansion if needed, and that the Town Hall Community room could also be used for a meeting location and training if needed. Commissioner Lister moved to approve the planned building group application for the Public Safety Building addition. His motion was seconded by Commissioner Allen with collective approval. Planned Building Group Review- Bluewater Associates Anthony Futral, on behalf of Bluewater Associates, had submitted an application to construct a garage at 1040 W. Corbett Avenue where Bluewater Linens currently existed. The property was in the B-1 zoning district and was in Town limits. During discussion the Board inquired about buffer requirements and the number of employees. Ms. Holland advised that the buffer would have been required if the neighboring parcels were residential and that she did not know the number of employees they would have. Mayor Pro Tem Keagy moved to approve the Bluewater Associates planned building group application for a garage, with a second by Commissioner Allen. The motion carried with full approval. Town Code of Ordinances Amendment (Stop Signs) Due to numerous complaints of stop sign violations at the intersection of Pineland Drive and Holly Lane, the Public Safety Department conducted a traffic survey to study the issue. Based upon the results of the traffic study and the close proximity of the intersection to the entrance of Pineland Park the Public Safety Director recommended posting an additional stop sign at the corner of Holly Lane and Pineland Drive. Mr. Ritchie shared that residents began registering complaints with the Public Safety Department because local traffic was ignoring the stop sign. Residents expressed serious concern because of the close proximity of the intersection to the playground. The Town staff took the following actions: 1. The Parks Department conducted a survey of the park entrance and its proximity to the intersection. As a result, several bushes were cut back on Pineland Drive increasing driver visibility of the park entrance. Page 6 of 11

7 2. The Public Safety Department conducted a survey of the local traffic patterns. Officers conducted surveys over 16 different days at various time periods for a total of 9 hours from July 11, 2014 until August 9, (Officers were still routinely assigned to a traffic post at this intersection.) During the survey, 85 vehicles were observed, 70 complied with the control device and 15 warnings were issued. It should be noted that 30 minutes of traffic observation was conducted from an unmarked vehicle. During that observation period where no visible police vehicle could be observed by drivers, 9 out of 10 vehicles disregarded the stop sign altogether. The board discussed alternate options such as speed bumps or rumble strips to which Mr. Ritchie advised that those options would result in more noise at the intersection and stated that a stop sign was the best resolution. Commissioner Lister moved to approved Ordinance 2014-O19 amending the Traffic Schedule Ordinance to add a stop sign at the intersection of Holly Lane and Pineland Drive. The motion was seconded by Commissioner Turner with unanimously approval. 2014/2015 Budget Ordinance Amendment Sonia Johnson introduced Budget Ordinance Amendment # for Fiscal Year She shared that it needed to be amended for the following items: 1. Parks & Recreation Department: Parks & Recreation Department received $ from Swansboro Tourism Development Authority for 2014 Hook & Bones Tournament expenses. Source of Funds: TDA 2. Legal Department: Request $100,000 be appropriated from fund balance to pay for unfunded legal fees incurred from the litigation with Swansboro Investors, LLC and Port O Swannsborough Marina. Source of Funds: Fund Balance The Board discussed the Swansboro Investors LLC., circumstance that led to the increase in legal fees. There was an inquiry if the League of Municipalities offered assistance with legal fees. Mr. Harvell advised that the League will cover an element of legal fees under liability insurance. In further discussion Commissioner Turner shared that she felt the legal fee expenses were unconscionable and felt that infrastructure, streets, sidewalks, and replacement of the fire truck needed to be taken care of for the safety of the citizens. Commissioner Allen commented that now that they had begun the process it was past the point of stopping and the town must continue to fight. The Board noted that there were many citizen comments made that they wanted the town to prevent a big box store and this was the result of proceeding further. Commissioner Lister moved to approve Budget Ordinance Amendment # part 1, accepting the $2000 from the TDA. His motion was seconded by Mayor Pro Tem Keagy and approved by all. Commissioner Lister moved to approve Budget Ordinance Amendment # part 2, to appropriate $100,000 to the Legal Department with a second by Mayor Pro Tem Keagy. The motion carried 4:1, Commissioner Turner opposed. Page 7 of 11

8 Capital Project Ordinance Amendment Waterfront Plan Implementation Project In 2013/ $6000 was appropriated for the Waterfront Plan Implementation Project for waterfront improvements. In 2014/2015 an additional $70,000 was appropriated to the Waterfront Plan Implementation Project for waterfront improvements. The Capital Project Budget needed to be amended to reflect these transfers for waterfront improvements. On a request from Mayor Chadwick on what the $70,000 was for, Mrs. Johnson advised that $70,000 was for the Bicentennial Park Kayak launch, Church Street End feature, Old Town Square enhancement, Street scape enhancements, permanent bench at Old Town Square, Signage, and Planning, Design & Engineering cost. Mayor Pro Tem Keagy moved to approve Ordinance Amendment #3 to the Waterfront Plan Implementation Project. The motion was seconded by Commissioner Lister and approved unanimously. ITEMS MOVED FROM CONSENT Marina Committee Recommendation At the September 16, 2014 Regular Meeting, the Board moved to table the Marina Committee recommendation to the Board of Commissioners in reference to the Town Dock at Church Street for 30 days. Mayor Chadwick voiced his personal concerns with the project and shared that he had heard from citizens that the dock would be opened before the board meeting when it was publicly announced for opening. Mr. Chadwick also commented about his disappointment with having been excluded by creation of the Marina Committee. Mayor Pro Tem Keagy shared that he and Commissioner Lister met with Mr. Silver and his Partner David, along with attorneys from both parties. He shared that the meeting was excellent and a lot was accomplished. Suggestion were made by Mr. Silver s attorney and the town is currently awaiting a recommendation from our attorney as to his recommendations. Commissioner Allen brought forth the matter of the Marina Committee recommendation for another consideration to approve: 1. Direct the Town Manager to cease further construction on the dock facility and to remove the partially completed facility and all other Town property from the current location; and 2. Further direct the Town Manager to seek and recommend to the Board of Commissioners a suitable downtown site for location and completion of the public docks facility; and 3. Further, direct the Town Manager to seek advice and counsel for the Board of Commissioners as to the Town's potential claim or claims for damages and delay resulting from the deficient lease. Commissioner Turner seconded the motion, which failed 0:5. Page 8 of 11

9 The Marina Committee was disbanded on a motion by Commissioner Allen, and seconded by Commissioner Turner. The motion carried 4:1, Mayor Pro Tem Keagy opposed. Mayor Chadwick commented that the dock project opening was positive. He shared that it was used for the recent fishing tournament and that several of our police officers were contracted to help with the tournament. PUBLIC COMMENT Sandy Eubanks/1225 Mt. Pleasant Rd shared her appreciation for the Mullet festival success, the Public Safety department s wonderful job, and for Mayor Chadwick and Commissioner Allen providing golf cart assistance. Walter Pylypiw/400 Tidal Court stated that he felt the board owed apologies to Hal Silver, Mayor Chadwick, Mr. Humphrey and the citizens for the situations with the Marina project. Tim Ronsteder/Elm Street shared his concerns regarding noise in the evening at his home. He provided the Board with an critiquing the draft ordinance on noise and a petition signed by local residents who also were being affected by the noise late at night coming from businesses in the area. Junior Freeman/220 Harbour View Drive shared his concerns about funds being appropriated for the dock legal issue. He also shared information the he was given by a contractor with regards to a conversation that was held with the Town Manager about the kind of dock he wanted at the Port O Swannsborough. He felt that the Board should consider an alternate type of government and encouraged the Board to look into the allegations he shared. He also stated that the current legal issue with the Swansboro Investors LLC., could be stopped and urged the Board to look into having a third-party attorney review the situation because he hated to see large amounts of tax payer dollars go towards this and the town end up losing. Mr. Harvell addressed the Board and audience with regards to the insults to his integrity and voiced his disapproval of the allegations. He stated he did not create the lease, an engineer drew up the dock project, and he was the 3 rd manager to handle the project since it started and was only trying to get it cleaned up. Philip Winter/200 W. Moore Street - shared that at the March 3rd meeting, Mr. Harvell had an obligation to inform the Board that the job cost were far greater than the buyout and he did not do. He also shared that there was advertisement on Craig s List that the Swansboro Yacht Club was advertising a November 1st event with 300 plus people responding as attending the event. He felt that an event that large could not be handled at that location and urged the Public Safety Department look into this. Mr. Winter also shared that his residence did not have a driveway or garage for parking so he must park on the street, and at times had to park several streets over. He requested that some type of homeowner parking permit be considered. Mary Fielding/122 Mt. Pleasant Road - shared that after this meeting there would be a flurry of remarks made on the Facebook page. She felt that the citizens do not hear much information Page 9 of 11

10 from the Town and felt that there was not any transparency. She also requested more information on the Big Box store situations. MANAGER S REPORT/COMMENTS Mr. Harvell reported on the following: -Vision and Missions Statement meetings held to date. -A new LED sign would be installed at Town Hall by the month end. -Asyst Software - Data entry from the County GIS had been installed and the payroll module would be activated on January 1 st. -The Mullet Festival a success and staff did a wonderful job; the fireworks were well received. -Thanked the staff for enduring the difficult situations that had arisen during the last few months. COMMISSIONER S COMMENTS John Lister - inquired of Mr. Harvell if he thought conversations would be stifled if the Board were in attendance of the Vision and Mission meetings. Mr. Harvell advised that he felt they would. Commissioner Boucher stated that he wanted the make a couple of statements for the record. The current town manager was not involved with the dock project when it was moved from Ward Shore to the current location. He did not have anything to do with negotiation of the lease. If anything, in his opinion, the manager had exposed some serious inconsistencies and issues to a point where outside legal counsel needed to provide input and he was not 100% to blame for this project and in fact would minimize his involvement. He stated that many statements made tonight were not accurate in his opinion and had watched the manager do the best he could with something he inherited from previous town managers. Commissioner Boucher saluted Mr. Harvell for keeping his cool, taking hits for things printed in the newspaper and for being professional. He suggested that citizen come to Town Hall and ask questions, participate in meetings, but did not want one individual blamed for the town s problems. He addressed Mr. Harvell with gratitude and commended the staff for being outstanding with all they had done; he would hire them and take them with him anywhere. Mayor Pro Tem Keagy agreed with Commissioner Boucher s comments. He shared that the Mullet Festival was well received and that the parking and shuttle options were a great addition. Commissioner Turner echoed the comments made by Commissioner Boucher and Keagy. Mayor Chadwick shared that it was no secret that he did not agree with everything Mr. Harvell did and he did not agree with him that conversations would be stifled by the Board attending at the Vision and Mission Statement meetings. He felt that citizens expected them to attend and based on his attendance at one of the meetings citizens did not hold back their comments. He also suggested that business cards for each of the Board members be put in the lobby for citizens to take. Page 10 of 11

11 Mr. Harvell clarified that he provided his opinion about their attendance, he was not stating they shouldn't attend the Vision and Mission meetings. ADJOURNMENT Mayor Pro Tem Keagy moved to adjourn at 9:37 p.m. with a seconded from Commissioner Turner, with unanimous approval. Minutes Prepared By: Alissa Fender, Administrative Services Representative. Attest: Approved By the Board of Commissioners: Paula W. Webb, Town Clerk Scott Chadwick, Mayor Z:\BOC\2014 Agendas and Minutes\BOC M.docx Page 11 of 11