Town of Swansboro Board of Commissioners August 14, 2018 Regular Meeting

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1 Town of Swansboro Board of Commissioners August 14, 2018 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem Frank Tursi, Commissioner Pat Turner, Commissioner Roy Herrick, and Commissioner Brent Hatlestad. Commissioner Angela Clinton was absent and had submitted a letter of resignation. Call to Order/Opening Prayer/Pledge of Allegiance The meeting was called to order at 6:00 pm. Mayor Davis gave the invocation and led the Pledge of Allegiance. Discussion regarding Commissioner Clinton's Resignation Mayor Davis informed (for the record) that Commissioner Angela Clinton had submitted a letter of resignation citing a family health situation as the reason. On a motion by Mayor Pro Tem Tursi, seconded by Commissioner Turner, the resignation was unanimously accepted. Public Comment Citizens were offered an opportunity to address the Board regarding items listed on the agenda. Veda Williams of 241 Channel Marker Loop Road spoke on the Board vacancy encouraging the nomination of Jerry Seddon. Adoption of Agenda Mayor Davis noted that the agenda item regarding Request to Amend the Town Code of Ordinances Chapter 94: Parks, Park Use Regulations, (A) Alcohol may be discussion only. He also requested that the June 26, 2018 minutes be pulled from Consent for further discussion. On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi, the Agenda (as amended) and remaining Consent Items (below) were unanimously approved. - Meeting Minutes June 5, 2018 Special Meeting Minutes June 12, 2018 Closed Session July 24, 2018 Closed Session June 12, 2018 Meeting Minutes July 24, 2018 Meeting Minutes

2 Attorney Parson and Mayor Davis had worked to develop Rules for filling the vacancy left by Commissioner Clinton. Mayor Davis called for motion to adopt those rules and read them for the record. (Attachment A herein) A motion to adopt the Rules was made by Commissioner Turner, seconded by Mayor Pro Tem Tursi and unanimously approved. Mayor Davis suggested waiting until the August 28 th meeting to fill the vacancy, allowing the public to contact Board members regarding support for nominations. Mayor Pro Tem Tursi also noted it would allow more residents to consider interest. Others were interested in proceeding with nominations now. A motion was heard from Commissioner Turner, seconded by Commissioner Herrick to accept nominations tonight. Ayes: Turner, Herrick, Hatlestad Noes: Tursi The motion passed. In accordance with NCGS 160A-63, Mayor Davis opened the floor for nominations. The individual selected would serve through the 2019 election cycle. Commissioner Hatlestad nominated Jeff Conaway, stating that he had run a good campaign during the previous election and would be a good fit to replace Commissioner Clinton. Mayor Pro Tem Tursi nominated Larry Philpott sharing that he had been involved in the Town in some capacity since moving to Swansboro and had received the next highest votes during the past election. He was previously elected to the Board of Commissioners and was currently serving on the Planning Board and Parks Board. Commissioner Herrick nominated Phil Keagy stating that he too had served as a Commissioner for several years. He was also a downtown resident as was Commissioner Clinton. Commissioner Turner noted that her nomination had already been named. She felt that all three nominees were qualified.

3 On a motion by Mayor Pro Tem Tursi, the nominations were closed, and the ballot accepted. Commissioner Herrick seconded the motion which received unanimous approval. Commissioner Herrick moved to vote on the nominations tonight. The motion was seconded by Commissioner Herrick. Ayes: Herrick, Turner Noes: Tursi, Hatlestad Breaking the tie vote (according to the Rules adopted), Mayor Davis voted in favor of the motion. The motion passed. While the ballot was being prepared, each nominee was given time to share their interest in serving. Jeff Conaway of 604 Westwood Court shared that since the election he had served on two committees, the Historic Preservation Commission (HPC) and Board of Adjustment (BOA). He believed that he and Commissioner Clinton shared the same thought processes. He also believed that his 22 years of active duty with the Navy provided him many leadership skills. He now worked as a contract surveillance representative at the Naval Medical Center on Camp Lejeune, monitoring 500 contracts to ensure the center was getting what they paid for. Larry Philpott/706 Hummingbird South indicated that he had been involved in some capacity with the community for many years, serving as a commissioner and on other boards. He spent 33 years in Parks/Recreation in the Cumberland County, starting as a supervisor and working his way up to the department director. On a volunteer basis through his profession, he was very active with the parks association, serving 7 years on a committee that developed the Parks Director Conference and chairing the committee the last year he served. Larry indicated that he was committed to serving and having been a prior commissioner, had learned much about the Town and its processes. Since serving as a commissioner he had served on the Board of Directors for the Swansboro Historical Association. If selected, he would do his best to for the people of Swansboro. Phil Keagy/105 Water Street was born and raised in Swansboro and had lived in the same house for 65 years. He first served as a HPC member and chairman. He was appointed to fill the unexpired term of Commissioner Robert Fisher when he resigned, won the next election, lost the next election and then won again the next election. He

4 did not run during the last election because he was somewhat burned out. Having had 8 months to regroup and he was ready to serve again. Mayor Davis read the votes for the record. Phil Keagy received 2 votes Larry Philpott received 1 vote Jeff Conaway received 1 vote Mayor Davis was required to break the tie according to the Rules and voted for Phil Keagy. Phil Keagy was sworn in by Mayor Davis and took his seat at the dais. Recognition Mine Safety Appliances had donated 30 firefighter helmets to the Fire Department in July. The retail value of just one helmet was $ making the donation a total of $ Fire Chief Mark Tessing and the Board of Commissioners thanked them for their generous donation. Business Non-Consent a. Ordinance Amending Town Ordinance Chapter 92 adding 92:16 Unlawful to Release Balloons within the Town's Corporate Limits In response to a recent request by a resident who shared environmental concerns regarding balloon releases, staff had researched what other jurisdictions were doing and their ordinances. An amendment was prepared for consideration that would prohibit the release of balloons within the Town s corporate limits with a $250 fine if violated. During discussion, it was noted that the public should be educated on the ordinance and such violation. A violation would be issued if multiple balloons were released, not just a single balloon. Attorney Parson clarified that the Police Department would be the enforcer. Commissioner Hatlestad was equally concerned with luminaires being released. Chief Mark Tessing shared that it was already illegal in North Carolina to release luminaires. On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi, Ordinance 2018-O10 was adopted effectively amending Chapter 92: Nuisances; Health and Sanitation, adding Unlawful to Release Balloons Within the Town's Corporate Limits. The vote was unanimous.

5 b. Ordinance Amending a Town Ordinance Chapter Curbside Pickup A proposal to change the type of bags used for loose refuge was reviewed at the Board s Annual Retreat in March An amendment to Chapter 50:26 Curbside Pickup, requiring the type of bag for loose refuge be outdoor leaf and lawn style paper bags during all months of the year was introduced. Staff would work with residents on the transition to paper bags. Jim Stipe, Public Works Director/Inspector reported that approximately 10,000 plastic bags were cut open and discarded each year as part of the yard waste service. Two men were tied up for an entire day each week picking up yard waste then cutting bags open to empty the waste into a dumpster. If approved, staff would transition the requirement to use only paper bags after a duration deemed appropriate by the Board. Commissioner Keagy suggested producing/placing flyers on doors during yard waste pickup days to inform residents of the new regulation. The consensus was to make the ordinance effective on October 1, On a motion by Commissioner Keagy, seconded by Commissioner Herrick, Ordinance 2018-O11 (as amended) was unanimously approved effectively amending Chapter 50.26: Curbside Pickup, to modify the bag type used for loose refuse to be outdoor leaf and lawn style paper bags during all months of the year beginning October 1, c. Ordinance Amending Town Ordinances - Chapter 110: Privilege License Taxes Due to a 2015 legislative repeal on the levy of privilege license taxes for businesses within the town, a request was sought to amend the Town Code of Ordinances to correlate with the state requirements. Licenses for beer and/or wine sales was still permitted and collected. The amendment was essentially an ordinance cleanup item. On a motion by Mayor Pro Tem Tursi, seconded by Commissioner Herrick Ordinance 2018-O12 was unanimously approved amending the Town Code of Ordinances Chapter 110: Privilege License Taxes to correlate with state law. d. Ordinance Amending Town Ordinance Chapter 94: Parks, Park Use Regulations, (A) Alcohol (previously tabled on March 27 & July 24, 2018) In response to numerous requests, the Parks and Recreation Department sought to amend the language in Chapter 94: Parks, Park Use Regulations (A) Alcohol, to provide for an exception allowing alcoholic beverages during events inside the Recreation Center if General Policy No. 3a Meeting Room Use, Terms and Conditions were met.

6 Brittany Shipp, Parks and Recreation Director indicated that the types of functions where alcohol was requested were bridal showers, wine and design functions etc. All functions were staffed. Commissioner Herrick wanted the ordinance further amended to read specifically that alcohol would only be allowed in the room leased/rented. Attorney Parson shared that all events would require a Certificate of Liability naming the Town as an additional insured. Most of the time, the caterer held the license to serve alcohol the Town would not be the entity holding such license. Further, Brittany Shipp noted that only beer/wine would be allowed; hard liquor would not be an option. On a question of enforcement, Brittany assured the Board that the staff was trained for conflict resolution and was present at all events. There had never been an incident as such during events at Town Hall where alcohol was already allowed. If something did occur the police department would be called. On a motion by Commissioner Herrick, seconded by Commissioner Turner Ordinance 2018-O13 allowing use of alcohol beverages on-site (only inside the room leased/rented) at the Recreation Center with the conditions of the General Policy No. 3a- Meeting Room Use being met was approved by a 4:1 vote. Ayes Tursi, Herrick, Turner, Keagy Noes Hatlestad e. Legal Services Agreement A committee composed of Mayor John Davis, Commissioner Pat Turner, Town Manager and the Town Clerk met on July 30 and interviewed three firms that generally met the criteria outlined in the Request for Proposals (RFP). As a result, the committee recommended continuing its relationship and awarding Ward and Smith the contract for legal services. The engagement agreement with Ward and Smith, P.A. proposed a flat fee monthly retainer at $2,250/month and noted as General Retainer. On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi, the Town Manager was authorized to execute the engagement agreement by Ward and Smith, P.A. under the terms identified in the agreement by a unanimous vote. f. Discussion on Joint Meeting w/ Planning Board During the annual Retreat Meeting the Board shared interest in a joint meeting with the Planning Board to discuss/review planning efforts on the following topics. Staff recommended the week of September 17 th. Strategic Plan Implementation CAMA Land Use Plan Update

7 Transportation Planning efforts Possible amendments to the UDO: Signs, Land Use Plan implementation Board members agreed to meet on Monday, September 17 th at 6:00pm. Items Moved from Consent June 26, 2018 Mayor Davis wanted the minutes to reflect that he had suggested that the word family be added to the Strategic Plan Vision Statement. In addition, he had suggested that the word town be changed to village but the consensus was to leave it as town. On a motion by Mayor Pro Tem Tursi, seconded by Commissioner Herrick, the June 26, 2018 minutes were approved with the correction as stated by Mayor Davis. The vote was unanimous. Release of July 24, 2018 closed session minutes Mayor Pro Tem Tursi inquired whether the minutes could be released as there was nothing controversial included. Attorney Parson clarified that minutes involving personnel were typically never released unless the employee agreed. With Manager Chase out of town, the decision to release would be delayed. Public Comments Citizens were offered an opportunity to address the Board regarding items not listed on the agenda. No comments were offered. Manager/Staff Comments Commissioners were reminded to respond whether they planned to attend the VCAPS meeting scheduled for August 23 rd. Appointment to the East Carolina Council was needed with Commissioner Clinton s resignation. Commissioner Keagy was selected as the representative. Chief Jackson shared that multiple public safety agencies in the area had participated in a Saturation Traffic Campaign. Agencies that participated were; the Highway Patrol, Onslow County Sheriff s Department, and the Police Departments for Swansboro, Richlands, and Holly Ridge. The agencies worked together in one area issuing traffic citations and during a recent campaign issued 101 citations.

8 Board Comments Mayor Pro Tem Tursi inquired whether the Town Charter conflicted with NCGS 160A-63. Attorney Parson indicated that it did but, the law always superseded ordinance. He also reported that the Land Use Plan (LUP) Meeting last week was a great success with over 100 people attending. A lot of information was gathered on the direction people would like to see Swansboro grow. Commissioner Herrick referred to the Charter/Ordinance language regarding Commissioner terms, inquiring who would get the short term in Attorney Parson shared that the Board of Elections would assist in the appropriate language for the election ballot. Commissioner Keagy would serve until the 2019 election. Whomever won the seat in 2019 would serve out the remainder of Commissioner Clinton s term. Commissioner Turner agreed with the comments regarding the LUP Meeting, sharing that the meeting gave a good indication that residents wanted to be a part of the Town decision making. Commissioner Keagy appreciated the opportunity to serve the residents of Swansboro again and confidence of the Board in selecting him. Mayor Davis welcomed Commissioner Keagy and was excited to work with him. He also agreed that the LUP Meeting turnout was proof that our residents care and want to be a part of Swansboro s future. He commended Mayor Pro Tem Tursi on the job he has done as Chair of the LUP Committee. Adjournment On a motion by Commissioner Mayor Pro Tem Tursi, seconded by Commissioner Herrick the meeting adjourned at 7:45 pm.

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10 Regular Meeting August 14, Please turn cell phones to off or vibrate. 2. The Board offers the public three opportunities to speak during the meeting: A comment period is offered at the beginning and end of the meeting. Please note that a separate opportunity is provided for those items requiring a public hearing. Public Hearing(s) There are no public hearings scheduled for this meeting. 3. Individuals making presentations or comments are asked to adjust the microphone as necessary and to speak directly into the microphone. 1

11 Discussion of Commissioner Clinton s Resignation PUBLIC COMMENT Citizen opportunity to address the Board for items listed on the agenda. 2

12 AGENDA AND CONSENT ITEMS Action Needed: Motion to Adopt the Agenda as prepared (or amended) and approval of the Consent Items Recognition of Mine Safety Appliances Mine Safety Appliances donated 30 fire fighter helmet's to the Fire Department in July. Retail value of one helmet is $ for a total of $7, Presenter: Mark Tessing/Fire Chief 3

13 New Business/Non-Consent Ordinance Amending Town Ordinance Chapter 92 adding 92:16 Unlawful to Release Balloons within the Town's Corporate Limits The Public Works Department seeks an amendment to Chapter 92: Nuisances; Health and Sanitation by adding a section making it unlawful to release balloons within the Town s corporate limits. Action Needed: Motion to approve or deny Ordinance 2018-O10 amending Chapter 92: Nuisances; Health and Sanitation, adding Unlawful to Release Balloons Within the Town's Corporate Limits Presenters: Jim Stipe/Public Works Director, Building Inspector New Business/Non-Consent Ordinance Amending a Town Ordinance Chapter Curbside Pickup The Public Works Department seeks to amend Chapter 50:26 Curbside Pickup regarding the type of bag used for loose refuge. Action Needed: Motion to approve or deny Ordinance 2018-O11 amending Chapter 50.26: Curbside Pickup, to modify bag type used for loose refuge. Presenters: Jim Stipe/Public Works Director, Building Inspector 4

14 New Business/Non-Consent Ordinance Amending Town Ordinance Chapter 110: Privilege License Taxes An amendment to Chapter 110: Privilege License Taxes is requested due to the 2015 legislative repeal on the levy of privilege license taxes for businesses within the city. Licenses for beer/wine is still permitted. Action Needed: Motion to approve or deny Ordinance amending Chapter 110: Privilege License Taxes Presenters: Paula Webb, MMC-NCCMC/Town Clerk New Business/Non-Consent Ordinance Amending Town Ordinance Chapter 94: Parks, Park Use Regulations, (A) Alcohol (tabled item from March 27 & July 24, 2018) The Parks and Recreation Department is requesting an amendment to the language in Chapter 94: Parks, Park Use Regulations (A) Alcohol to allow an exception. Exception: Alcoholic beverages may be allowed during events in the Recreation Center if General Policy No. 3a Meeting Room Use, Terms and Conditions are met. Action Needed: Motion to approve or deny Ordinance 2018-O13 allowing for alcohol beverages on-site at the Swansboro Recreation Center with the conditions of the General Policy No. 3a-Meeting Room Use being met. Presenters: Brittany Shipp/Parks & Recreation Director 5

15 New Business/Non-Consent Legal Services Agreement The committee composed of Mayor John Davis, Commissioner Pat Turner, Town Manager and Town Clerk met on July 30 and interviewed three firms that generally met the criteria outlined in the Request for Proposals (RFP). As a result, the committee recommends continuing its relationship and awarding Ward and Smith the contract for legal services. The engagement agreement with Ward and Smith, P.A. proposed a flat fee monthly retainer at $2,250/month and noted as General Retainer Action Needed: Motion to authorize the Town Manager to execute engagement agreement proposed by Ward and Smith, P.A. under the terms identified in the agreement. Presenters: Paula Webb, MMC-NCCMC/Town Clerk New Business/Non-Consent Discussion of Joint Meeting with the Planning Board Action Needed: Discuss and consider setting a date for joint meeting. Presenters: Paula Webb, MMC-NCCMC/Town Clerk 6

16 PUBLIC COMMENT Citizen opportunity to address the Board. MANAGER S COMMENTS J. Scott Chase, Town Manager 7

17 BOARD COMMENTS Mayor John Davis Mayor Pro Tem Frank Tursi Commissioner Pat Turner Commissioner Roy Herrick Commissioner Angela Clinton Commissioner Brent Hatlestad ADJOURN 8