BOARD OF COMMISSIONERS MEETING AGENDA

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1 Table of Contents Agenda 2 February 9, 2016 Minutes 4 February 23, 2016 Minutes 8 Tax Refund Request Agenda Item Memo 18 Event Application: Derby Day Agenda Item Memo 19 Derby Day event flyer 20 Event Application: Fire and Iron Region Rally Agenda Item Memo 21 Local Planning and Management Grant Application Resolution Agenda Item Memo 22 Resolution 2016-R5 23 Recognition of the Swansboro League Cheerleaders Proclamation 24 UDO Text Amendments Agenda Item Memo & Exhibits 25 1

2 BOARD OF COMMISSIONERS MEETING AGENDA Town of Swansboro Tuesday, March 22, 2016 Board Members Scott Chadwick, Mayor Phil Keagy, Mayor Pro Tem Pat Turner, Commissioner John Lister, Commissioner Frank Tursi, Commissioner Roy Herrick, Commissioner I. Call to Order and Opening Prayer Mayor Chadwick II. Public Comment Citizens have an opportunity to address the Board for no more than three minutes per speaker regarding items listed on the agenda. There is a second opportunity at the end of the agenda for the public to address the Board on items not listed on the agenda. III. Adoption of Agenda and Consent Items Board The Town Clerk respectfully submits to the Board, the Regular Agenda and the below consent items, which are considered to be of general agreement and little or no controversy. These items may be voted on as a single group without Board discussion or if so desired, the Board may request to remove any item(s) from the consent agenda and placed for consideration separately. Consent Items: a. Meeting Minutes February 9, 2016 February 23, 2016 b. Tax Refunds Tax Refund Request The Onslow County Tax Collector recommends tax refunds totaling $ c. Contracts - None d. Event Applications Event Application: Derby Day Event Application: Fire and Iron Region Rally e. Resolutions Local Planning and Management Grant Application Resolution f. Proclamations None 2

3 IV. Appointments/Recognitions/Presentations a. Recognition of the Swansboro League Cheerleaders Mayor Chadwick The Town of Swansboro wishes to acknowledge and congratulate the Swansboro League Cheerleaders for their recent achievements during the Onslow County Parks & Recreation Cheer Competition on March 5, V. Public Hearing a. UDO Text Amendments Andrea Correll, AICP J. Scott Chase, AICP The Planning Board is requesting text amendments to Article 2 Basic Definitions and Interpretations, Article 10 PART IV. District Regulations Section 10-10: Table of Permitted/Special Uses, Article 14: Planned Building Group and cross referenced related sections, and Article 19, Sections 1-5. Action Needed: A motion to approve Ordinance 2016-O3 amending Article 2 Basic Definitions and Interpretations, Section 2.2 (225) by deleting the definition of Planned Building Group and adding (358a) Transportation Network, (highlighted/strikethrough text) to Article 10 PART IV. District Regulations Section 10-10: Table of Permitted/Special Uses, deleting Article 14: Planned Building Group in its entirety and amending cross-referenced sections (PART III Section 10-8, Section 10-10: Note 3, Section 12-2 (C), Section 15-5, Article 19-3), and Article 19, Sections 1-5. VI. VII. VIII. Business Non-Consent Items Moved from Consent Public Comment Citizens have an opportunity to address the Board for no more than five minutes regarding items not listed on the Agenda. IX. Manager s Report/Comments J. Scott Chase X. Board Comments Board XI. Closed Session Board XII. Adjournment Board 3

4 Town of Swansboro Board of Commissioners Regular Meeting Minutes February 9, 2016 Call to Order and Opening Prayer The meeting was called to order at 6:03 pm. Board members present were: Mayor Scott Chadwick, Mayor Pro Tem Phil Keagy, Commissioner John Lister, Commissioner Pat Turner, Commissioner Frank Tursi, and Commissioner Roy Herrick. Mayor Chadwick provided the opening prayer and led the pledge of allegiance. Public Comment There was no one signed up to speak. Adoption of Agenda Commissioner Tursi moved to adopt the agenda as presented, with a second from Commissioner Turner. The motion carried unanimously. Appointments/Recognitions/Presentations Introduction of Hammocks Beach State Park Ranger - Sarah Kendrick Mayor Chadwick shared that Mrs. Kendrick had been promoted to Park Superintendent after working under Paul Donnelly for the last 10 years. Mrs. Kendrick shared that she was very excited to lead the park into their Centennial year. Business Non-Consent Strategic Planning Committee Discussion Manager Scott Chase introduced the creation of a Strategic Operating Plan (SOP) and asked the Board to consider forming a committee to assist with the development of the plan. The Committee would be comprised of citizens and others that would meet monthly and ultimately make a recommendation to the Board on adoption of the SOP. Manager Chase indicated that he hoped the Committee would meet at least twice prior to the annual Board Retreat scheduled in March. The SOP might include elements such as: Plan Development Vision for Swansboro Policy Direction and Priorities Goal reflection and refinement Five-year income and expense projections Five-year CIP Fund Balance Policy On a motion by Commissioner Herrick, seconded by Commissioner Turner, Manager Chase was given authority to develop the committee that would begin review of existing plans in place to include but not limited to the Town s Land Use Plan, Gateway Plan, Bicycle and Pedestrian Plan, Parks and Recreation Master Plan. Review of these plans would help with consolidation and building a vision for Swansboro. The motion was unanimous. Page 1 of 4 4

5 Discussion on Engine 1704 Fire Chief Harold Henrich introduced discussion on the characteristics and costs differences between a commercial and custom built fire truck chassis. Commercial Chassis Custom Chassis Cab & Chassis built by a manufacture that s builds chassis for a number of different uses. Cab & Chassis are then sent to other manufactures to modify and add fire suppression or other related fire & rescue equipment for use as a fire apparatus. A fire apparatus built from departments specifications exclusively for the fire service for fire suppression. A single manufacture generally builds all components, features and systems of the custom apparatus. Chief Henrich informed that a commercial chassis seats up to 4-5 people, while the custom chassis seats up to 10 people. As an example, the department s Ladder Truck was a custom built chassis. Custom chassis also had roll over protection and better turning radius. Comparisons include: Custom vs Commercial Custom vs Commercial Custom Chassis Heavy Duty Chassis Heavy Duty Components Maximum flexibility for design and function Longer life expectancy Specifically built for the fire service Turning Radius Commercial Chassis Limited seating capacity Limited visibility Limited turning radius Built for everyday use Engine limitations Axle Limitations Customization limitations Longer wheelbase Custom Chassis Multiplex electrical systems Safety Components Systems are built into the chassis Service Life 20 + years Maintenance $ 1.11 per mile Commercial Chassis Standard Electrical System Limited Safety Components Systems Are Added on Service life 15 years Maintenance $ 1.52 per mile Custom Turning Radius Page 2 of 4 5

6 Financing options were: Financing BB&T $400,000 $500, years 3% $46, $58, years 3.25% $40, $50, Local Government Federal Credit Union LGFCU $400,000 $500, years 2.75% $46, $57, years 3.25% $34, $42, In response to inquiries from the Board, Chief Henrich shared that engine #1704 was a 20 year old commercial chassis with 33,324 road miles and 3,175 engine hours. The costly repairs for this vehicle began in 2013 when the engine was approximately 17 years old. He noted that the number of engine hours was the most critical number. Public Comment Regarding the Traffic Impact Study for the proposed Walmart, Laurent Meilleur urged the Town to reach out to citizens, the business community, and agencies that deal with traffic impacts and encourage their involvement. He felt the Town should urge NCDOT to improve roadways when new developments were created so that the roadway conditions did not suffer. Mr. Meilleur shared that he had met with NCDOT and had asked if they would cease issuing driveway permits if a nearby intersection was failing, to which they answered no. Manager s Report/Comments Manager Chase shared that the Planning Board was recommending a moratorium specific to residential developments over 25 lots and commercial business greater than 12,000 square feet. He provided reference to NCGS 160 A-381 (e), under Grant of Power statue for moratoria. If a moratorium was implemented, the Planning Board would review and make recommendation on numerous UDO amendments. One of the Planning Boards concerns was traffic. Manager Chase shared that NCDOT would not preclude a driveway permit for a development approved through the Town. Amendments were needed on traffic regulations and the Planned Building Group process. Before a moratorium could be put into place a public hearing must be held, which required a notice to be published no less than 10 days and no more than 25 days before the scheduled public hearing. Manager Chase stated that that if a moratorium were implemented, any business or proposed project would be grandfathered in under vested rights. After discussion on the idea of a moratorium, Commissioner Lister moved to schedule a public hearing for the February 23, 2016 meeting to discuss implementing a moratorium on residential developments over 25 lots and commercial business greater than 12,000 square feet. Commissioner Herrick seconded. The motion passed 4:1 with Commissioner Turner opposing. An Open House for the Public Safety Facility was scheduled for March 10, 2016 at 5:30. On a request from the Mayor Chadwick, Director of Parks and Recreation Director - Brittany Shipp shared that bids for the End of Church Street Gazebo project were received and the low bid was $59,900. The bid came in Page 3 of 4 6

7 under the estimated cost of $71,000 so there would be possibilities of additional features. The project was slated for completion by April 29, Regarding the Trillium Play Together Grant; 3 designs had been received for the review by the Parks and Recreation Board. A Capital Project Budget Ordinance would be presented for approval at the February 23, 2016 meeting. Board Comments Board members shared their enthusiasm for the successful Snow up the Park event in January. Commissioner Turner spoke about attending the State of Community Forum. She noted how proud she was to be a citizen of Onslow County. Mayor Pro Tem Keagy shared drainage concerns that needed to be addressed with NCDOT along Queens Creek Road and Main Street Extension. Commissioner Tursi thanked the staff for their efforts in planning the Advisory Board Appreciation Reception. It was a thoughtful way to express gratitude to those citizens who volunteered their time on town boards. Mayor Chadwick shared that Manager Chase would be speaking at the Chamber Breakfast at 8am on February 10th to give the Swansboro version of the State of the Community. He also mentioned that the County State of Community Forum and the recent Candidates Forum would be televised. Adjournment On a motion by Commissioner Tursi, seconded by Mayor Pro Tem Keagy the meeting was adjourned by unanimous vote at 7:05pm. Attest: Approved by the Board of Commissioners: Paula W. Webb, Town Clerk Scott Chadwick, Mayor Page 4 of 4 7

8 Town of Swansboro Board of Commissioners Regular Meeting Minutes Tuesday, February 23, 2016 Call to Order The meeting was called to order at 6:06 pm. Board members present were: Mayor Scott Chadwick, Mayor Pro Tem Phil Keagy, Commissioner John Lister, Commissioner Pat Turner, Commissioner Frank Tursi, and Commissioner Roy Herrick. Mayor Chadwick provided the opening prayer and led the pledge of allegiance. Public Comment Kathy Fulcher of 15 Manor Lane felt uninformed on the purpose of the moratorium and urged the Board to take action carefully. Adoption of Agenda and Consent Items On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Keagy the agenda and consent items were unanimously approved. Items approved under consent were: Meeting Minutes: January 12, 2016, Meeting January 26, 2016, Meeting January 26, 2016 (Closed Session) February 1, 2016, Special Meeting Tax Refunds: Ad Valorem Taxes Morgan, Elizabeth Mary $ Non-resident, Military Tax & Tag Motor Vehicle Neil, Katherine Lynn $87.12 Refund due to Military Neil, Katherine Lynn $39.20 Refund due to Military Winkeleer, Sandra $23.27 Refund due to Tag Surrender Contract: Amended Audit Contract with Carr, Riggs, and Ingram LLC Appointments/Recognitions/Presentations FY 2014/2015 CAFR Presentation Andy Darnell of Carr, Riggs & Ingram LLC gave a power point overview of the Fiscal Year 2014/2015 Comprehensive Annual Financial Report (Audit). Page 1 of 10 8

9 Audit Opinion Internal Control Finding Unmodified Opinion Audit procedures performed over amounts and disclosure over financial statements are not materially misstated. Bank reconciliation review Review of bank reconciliation prepared by finance officer by member of management. Corrective action: Management implemented new internal control procedure to review bank reconciliation. Compliance Finding Unauthorized fund transfer Budget not amended for Capital Project Fund transfer. Corrective action: Management will more closely review budget reports. Government-wide Net Position Government-wide components of Net Position $6,000,000 $5,000,000 $4,000,000 $3,000,000 Current and other assets Capital assets Net pension asset Deferred outflows of resources Other liabilities Long-term liabilities $2,000,000 $1,000,000 Deferred inflows of resources Net investment in capital assets Restricted net position Unrestricted net position $- FY FY Government-wide Net Position Assets and Deferred Outflows of Resources exceed Liabilities and Deferred Inflows of Resources by $6,243,204(net position). Net Position decreased by $109,442. Net Position decrease was due to the GASB 68 regulations. Government-wide Activity Government-wide Revenues $1,500,000 $1,000,000 Charges for services Operating grants and contributions Capital grants and contributions Property taxes $500,000 Other taxes Other $- FY FY Government-wide Activity Two biggest sources of revenues are property tax and sales tax. Page 2 of 10 9

10 Government-wide Activity Public Safety and General Government are two biggest types of expenses. General Fund Statements Ratios % 90.00% 80.00% Unassigned Fund balance 70.00% to General Fund Expenditures 60.00% 50.00% Percent of Unassigned Fund Balance to Total 40.00% Fund Balance 30.00% 20.00% 10.00% 0.00% FY FY FY FY General Fund Statements Ratios Decrease in ratios for current fiscal year mainly due to transfers for capital projects Benchmark Ratios Liquidity Ratio (Quick Ratio) Swansboro Benchmark (Towns of Bayboro, Emerald Isle, Indian Beach, Cape Carteret, and Ocean Isle Beach) 10 0 FY FY FY FY Source: Benchmark Ratios Dependency Ratio (Intergovernmental Ratio) 40% 35% 30% 25% Swansboro 20% Benchmark (Towns of Bayboro, 15% Emerald Isle, Indian Beach, Cape Carteret, and Ocean Isle Beach) 10% 5% 0% FY FY FY FY Benchmark Ratios Service Obligation (Operations Ratio) FY FY FY FY Swansboro Benchmark (Towns of Bayboro, Emerald Isle, Indian Beach, Cape Carteret, and Ocean Isle Beach) Source: Source: Property Tax Collection Percentage % 98.00% 96.00% 94.00% 92.00% 90.00% Current Fiscal Year Collection % FY FY FY FY Current Fiscal Year Collection % In response to inquiries from the Board, Mr. Darnell explained that the Police Department Separation Allowance and Retiree s Healthcare Plans were not funded because the Town paid those funds as employees retired. The deficiency in the Dependency Benchmark Ratio could be due to the revenues not coming directly from the State, other local areas could have received more money from taxes while Swansboro received revenue from elsewhere, according to Mr. Darnell. Page 3 of 10 10

11 Public Hearing Public Hearing on Implementing a Moratorium on Development pursuant to NCGS 160A-381 (e) for a duration of 6 months. At the February 9 th, 2016 meeting the Board was informed of an upcoming recommendation from the Planning Board to implement a moratorium on residential construction above 12,000 square feet. The Board agreed to hold a public hearing on the matter. Manager Chase reviewed the following regulations and reasons for the proposed recommendation for implementing such moratorium. Public Hearing Cities may adopt moratoria on any city development approval required by law, except for the purpose of developing and adopting new or amended plans or ordinances as to residential uses. Per the Town s UDO, Residential Development is considered Buildings for residence such as attached and detached SF dwellings, apartments, condos, townhouses, cottages, etc and their accessory buildings. Town of Swansboro Friendly City by the Sea Public Hearing PB made recommendation at its 2/2/2016 meeting Development Moratoria with a duration of 61 days or longer, and any extension of such is subject to notice and hearing requirements: Run dates (February 12 & 19 in the Daily News) Any ordinance establishing a moratorium must expressly include at the time of adoption the following: Town of Swansboro Friendly City by the Sea Public Hearing (1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate. (2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium. (3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium. (4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium. Town of Swansboro Friendly City by the Sea Public Hearing 1. Problems and conditions exist in that the Town cannot clearly regulate traffic conditions resulting from development proposed within the Town limits of Swansboro (At least 4 issues within Article 19 Traffic Impact Study: 19-3: Manager s determination where estimated traffic generated by the project will have a significant impact on the surrounding street system and where ingress and or egress occurs on a Town maintained street. Broad use types (SUP, PBG, Single-Business) 19-4: General Requirements and Standards 19-5: Submission and Implementation. Town of Swansboro Friendly City by the Sea Page 4 of 10 11

12 Public Hearing 2. Per NCGS 160A-8(e), cities may adopt temporary moratoria on any city development approval required by law, except for the purpose of developing and adopting new or amended plans or ordinances as to residential uses. As a result, the moratorium will be limited to buildings proposed at 12,000 square feet or greater. *As of this proposal, there are not pending development applications that would be affected by the moratoria. *Received today from Matt Gadams about expanding facility and offices and with the expansion the building would exceed the 12,000 SF limit. Town of Swansboro Friendly City by the Sea Public Hearing 3. **The proposed expiration for the moratorium is August 23, 2016 set for 180 days. The duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium. ** Planning Board met for the first time last night 2/22/16 and believed that an ordinance to address some of the issues tonight could be resolved in the next 90 days. 4. ***As noted, the Planning Board began meeting twice per month (2/22/16). The second meeting of each month through June is being used for the sole purpose of composing and revising language within the UDO to be forwarded to the BOC for their review. Town of Swansboro Friendly City by the Sea Public Hearing *** With regard to last night s meeting the Planning Board will be forwarding a recommendation to the BOC to include: A. Repeal Article 14 Planned Building Group B. Move all uses defined in Article 14 to Section Permitted Use Table to be heard as Special Uses (Quasi-Judicial format) C. Corrective language changes to Article 19. Traffic Impact Study (19-1, 19-2, 19-3, 19-4 A & B) Town of Swansboro Friendly City by the Sea The public hearing was opened at 6:54 pm Laurent Meilleur/220 River Reach Drive read the following statement for the record. I have the honor of serving on the PB. Why a moratorium? The Planning Board unanimously voted for a moratorium request to the BOC several weeks ago. The reason was quite simple like many of the BOC candidates who spoke at the public forum, the planning board sees the need for significant UDO and Land Use changes. In essence, we feel that the UDO does not leave the Planning Board in a good position to handle future permit requests. So, we are asking for time to sort matters out to create UDO change requests for the BOC to consider. Do we really need the time? As your appointees and in our unanimous opinion, yes. Our concern was that if we get hit with just a few more permit requests that our efforts to rework the UDO will be diverted. Additional permitting will delay the regeneration of the UDO leaving the town susceptible to permit requests we are not prepared to deal with. On our side of the fence, the Planning Board has all volunteered to work double time to help get through the UDO quickly. Currently we are scheduled to meet twice a month for several hours just like the BOC. As the newest member to the Planning Board, it seems that we are all striving hard to reach common goals and there was harmony among the group and Town staff. We are also learning to be efficient and distinct in working through UDO subject matters. What kind of gaps are open and why do we need to rework the UDO? Let s look at my favorite UDO topic: Traffic or Article 19 of the UDO. In 2013 two of you were on the Planning Board and voted for changes Page 5 of 10 12

13 that clarified language of the Traffic section of the UDO. At the time, I m sure that it made sense to most anyone allow NCDOT processes and people handle the traffic issues of NCDOT roadways. Records show that you were assured by Ms. Jennifer Holland (Planning Director) that NCDOT would still involve the Town on Traffic Studies and such. How did that work out? Terrible! I ll skip the rest of the story of how I believe NCDOT treated the Town of Swansboro. The bottom line was that I believe that Swansboro has learned to not delegate its roadway management to NCDOT and there must be significant changes to the UDO to reflect this. But traffic was just the current hot button. There are more issues than just traffic. We have the other articles that need to be revamped including the complex matrix of zoning tables that should be simplified and streamlined for the benefit of developers and the Town. We are not really asking for much. After seeing how we quickly worked through things last night, I believe that we can have things done soon. Please give us a little time to set things right, and don t let us get saturated with permit requests that would divert us from our endeavors which are needed by the Town. Gerald Theriault commented that he felt the Board would be proactive in considering the Planning Board s recommendation and the citizens should support the Board s decision. Kathy Fulcher/15 Manor Lane stated she was not sure about the moratorium but felt more information should have been made available. She further commented that she wanted to see the sidewalks in town finished and/or repaired. Sandi Eubanks/1175 Mt. Pleasant Road thanked the Board for holding the public hearing and shared that the Planning Board was committed to updating and improving the UDO but needed the support of the Commissioners. Alan Fielding/1288 Mt. Pleasant Road questioned if a business with two buildings each at 10,000 square feet would fall under the moratorium. Charles Rawls/22 Creekside Woods shared that he had witnessed each moratorium that the town had entered into and felt that up to this point they had been reactive. He applauded the Planning Board for taking on the quest to update the UDO which he felt was greatly needed. Gigi Robles/87 Pickett Way thought that the town would have future growth, but it must be planned carefully. She also commented that she believed businesses larger than 12,000 square feet that want to come to Swansboro will come after the moratorium ended. Louis Robles/87 Pickett Way shared his agreement with the need for the UDO to be updated. The public hearing was closed at 7:18 pm. After discussion on the duration of the moratorium, Commissioner Tursi moved to adopt Ordinance 2016-O2 to implement a moratorium on development pursuant to NCGS 160A-381(3) for a duration of 90 days. Commissioner Herrick seconded. The vote was 3:2, which failed on its first reading in accordance with NCGS 160A-75. Ayes: Tursi, Herrick, Lister. Noes: Turner, Keagy Page 6 of 10 13

14 Business Non-Consent Capital Project Budget Ordinance-Trillium Health Resources Inclusive Municipal Park Playground On November 8, 2015, Trillium Health Resources awarded the Town $275,000 for a Play Together Construction Grant for an inclusive playground at Municipal Park, with no matching funds. In accordance with NCGS Chapter 159 Section 13-2, a Capital Project Budget must be established for the transfer of funds. Mayor Pro Tem Keagy moved adopt the Capital Project Budget for Trillium Health Resources Inclusive Playground. The motion was seconded by Commissioner Turner and approved unanimously, Public Comment There was no one signed up to speak. Manager s Report/Comments Manager Chase reviewed the following report. (Remainder of this page left blank intentionally) Page 7 of 10 14

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16 (Attachments referenced in the above report are not included in these minutes due to size limitations. To view the attachments contact the Town Clerk at (910) ) Board Comments The Board shared their appreciation to the Planning Board for their time and effort that would be devoted to updating the Town UDO. Mayor Pro Tem Keagy reminded the public of the Business Expo upcoming on February 27, Commissioner Tursi and Commissioner Herrick shared that they attended the first meeting of the Strategic Operating Plan Committee and the group that was volunteering was a great group of talented people. Commissioner Lister noted that he looked forward to meeting the new planner Andrea Correll. Commissioner Turner reminded Manager Chase that the public had asked to provide comment on the budget prior to a draft submittal to the Board. She would also like to discuss bike paths, sidewalks, and roads during the Retreat in March. Mayor Chadwick shared the following area happenings and accomplishments: 1st Annual Restaurant Week in Swansboro was scheduled for March 6-March 12. Maggie Bamber from Swansboro High School (SHS) was the State Indoor High Jump Champion. SHS Battle of the Books team won the first ever high school competition, over Jacksonville. In response to a question from Mayor Chadwick, Donna Hammonds, Executive Director for the Swansboro Area Chamber of Commerce, shared that an informational meet and greet for the Onslow County Candidates would be held at Town Hall on March 3 rd from 6 to 8 pm. Mayor Pro Tem Keagy inquired on the road closure for Main Street for the resurfacing project. Manager Chase indicated that the street would be closed from Highway 24 to Front Street beginning March 1st instead of the originally scheduled date of February 29, Page 9 of 10 16

17 Adjournment On a motion by Commissioner Tursi, seconded by Commissioner Herrick the meeting was adjourned by unanimous vote at 7:55 pm. Attest: Approved by the Board of Commissioners: Paula W. Webb, Town Clerk Scott Chadwick, Mayor Page 10 of 10 17

18 Request for Board of Commissioners Action March 22, 2016 To: Honorable Board of Commissioners From: Sonia Johnson, Finance Director Through: J. Scott Chase, Town Manager Subject: Tax Refund Request Overview: The Onslow County Tax Collector recommends refunds of the below listed taxes. The total refunds recommended are $ Ad Valorem Taxes (as approved by the Onslow Co. Board of Commissioners): Peterson, Stella M $50.82 Boat Charged in Error Tax & Tag Motor Vehicle (per the NC Department of Motor Vehicles) Noonan, Darby James $ Refund due to Military Freeman, Stephen Michael $ 7.47 Tag Surrender Kellum, William Clayton Jr. $ Insurance Lapse Parker, Lucy Greer $ 3.75 Tag Surrender Action Needed: Motion to approve or deny the above refunds Attachments: None 18

19 Request for Board of Commissioners Action March 22, 2016 To: Honorable Board of Commissioners From: Brittany Shipp, Parks and Recreation Director Through: J. Scott Chase, Town Manager Subject: Event Application: Derby Day Overview: The Swansboro Area Events Organization and Swansboro Area Development Foundation have submitted an event application for the first Swansboro Derby Day Festival to be held in downtown Swansboro on May 7, pm. There will be a variety of activities and events throughout downtown including a fashion show, music, progressive dining, cars and boats on display. Town services requested: One way traffic flow from Main to Church along Front St.; up Church St. to Water St.; up to 50 cones provided by DPW Use of Pug Pavilion at no charge for car displays and event benefactor activities Receipt of the certificate of insurance and/or hold harmless waiver. (Parks/Rec and Town Clerk) Additional trash receptacles throughout downtown area Action Needed: Motion to approve or deny event application 19

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21 Request for Board of Commissioners Action March 22, 2016 To: Honorable Board of Commissioners From: Brittany Shipp, Parks and Recreation Director Through: J. Scott Chase, Town Manager Subject: Event Application: Fire and Iron Region Rally Overview: The Fire and Iron MC, Station 68 has submitted an event application for a Kilts and Colors event downtown Swansboro on September 24, pm. Fire and Iron is an international club divided in to regions Station 68 is the local chapter that is part of region 5. Region five encompasses North and South Carolina, Tennessee, Georgia, Alabama, Mississippi and Virginia. The membership is made up of Firefighters and other who are associated with the fire service; members consist of active and retired service members, paid on-call and volunteers, as well as dispatchers, mechanics, and inspectors. It is anticipated that 150 members will be joining the event in Swansboro. Town services requested: Street closure during event on Church St. from Front St. to Water St. Use of Pug Pavilion at no charge Designated location for 3 portable toilets placement Additional trash receptacles throughout downtown area Action Needed: Motion to approve or deny event application 21

22 Request for Board of Commissioners Action March 22, 2016 To: Honorable Board of Commissioners From: Brittany Shipp, Parks and Recreation Director Through: J. Scott Chase, Town Manager Subject: Local Planning and Management Grant Application resolution Overview: Staff is working to complete a NC Local Planning and Management Program Grant for funding assistance to update the Waterfront Access and Development Parks and Recreation Comprehensive Plan. The grant is administered by the Department of Environmental Quality (DEQ), Division of Coastal Management (DCM). DCM has notified local governments in the 20-county coastal area that up to $75,000 will be available in grant funding specifically for Planning and Management projects for the upcoming FY DCM staff has confirmed that the current Swansboro Waterfront Access and Development Parks and Recreation Comprehensive Plan is an eligible project. The maximum grant request is $15,000, which will require a $5,000 local contribution, or 25% of the total project cost. DCM also requires the local governing board approve the submittal of the grant application. Action Needed: Motion to approve or deny Resolution 2016-R5 authorizing submittal of a NC Local Planning and Management Grant application to the NC Division of Coastal Management. Attachment: Resolution 2016-R5 22

23 TOWN OF SWANSBORO RESOLUTION 2016-R5 STATING SUPPORT FOR SUBMITTING A LOCAL PLANNING AND MANAGEMENT GRANT APPLICATION TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT A regular meeting of the Board of Commissioners of the Town of Swansboro was held in the Swansboro Town Hall, at the regular meeting place, on March 22, There were Commissioners present. The Board of Commissioners was advised that the town intends to submit an application for grant funding to the North Carolina Division of Coastal Management for an update to the Waterfront Access and Development Parks and Recreation Comprehensive Plan. The grant application will be submitted under the Local Planning and Management Grant Program. Mayor Scott Chadwick introduced Resolution 2016-R5 stating that: BE IT RESOLVED, BY THE Board of Commissioners of the Town of Swansboro: 1) That the Town of Swansboro is aware of the importance of developing and implementing management strategies for its coastal resources that are consistent with state guidelines and that improve and enhance waterfront parks and other public areas; and 2) That the Town of Swansboro fully supports submission of an application by the Town of Swansboro to the North Carolina Division of Coastal Management for funding assistance to improve the Waterfront Access and Development Parks and Recreation Comprehensive Plan; and 3) The Manager and Clerk be and are hereby authorized to sign and execute the grant application to be submitted to the North Carolina Division of Coastal Management; and 4) That upon completion of the application the completed documents will be filed in the Town of Swansboro Town Hall. Upon a motion by Commissioner, seconded by Commissioner said resolution was. I, Paula W. Webb, Town Clerk of the Town of Swansboro, North Carolina do hereby certify that the foregoing is a true copy of so much of the proceedings of the Swansboro Board of Commissioners at the meeting held on March 22, 2016 as related to submittal of an application for grant funding to the North Carolina Division of Coastal Management. Witness my hand and the corporate seal of the Town of Swansboro North Carolina this the day of day of March Paula W. Webb, Town Clerk 23

24 Proclamation Office of the Mayor WHEREAS, the Town of Swansboro wishes to acknowledge and congratulate the athletic abilities of the Swansboro League Cheerleaders; and WHEREAS, it is acknowledged that this League competed and performed with heart and soul at the Onslow County Parks & Recreation Cheer Competition on March 5, 2016; and WHEREAS, teams: the Town of Swansboro proudly announces the placement of the following In the Open Division Swansboro Sass 1 st Place with a score of points out of 300 In the Recreation Division: Mini Minors (ages 4-5 years) 1 st Place with a score of points out of 300 Minors (ages 6-8 years) 1 st Place with a score of 254 points out of 300 Midgets (ages 9-12 years) 1 st Place with a score of points out of 300 Intermediate (ages years) 3 rd Place with a score of 259 points out of 300 WHEREAS, these young ladies, their coaches, and parents, dedicated hours of practice to promote and build a solid team with strong routines to show their Swansboro Pride; NOW, THEREFORE, BE IT PROCLAIMED that I, Mayor Scott Chadwick and the Board of Commissioners of the Town of Swansboro are proud to honor the Swansboro League Cheerleaders for their spirit and winning determination by proclaiming Wednesday, March 23, 2016, as: This 22 nd day of March Swansboro League Cheerleaders Day Attest: Scott Chadwick, Mayor Paula W. Webb, Town Clerk 24

25 To: From: Through: Subject: Overview Board of Commissioners Andrea Correll, AICP Town Planner J. Scott Chase, AICP Town Manager Text amendments to UDO The Town of Swansboro is requesting a text amendment to Article 2 Basic Definitions and Interpretations, Section 2.2 (225) by deleting the definition of Planned Building Group and adding (358a) Transportation Network, (highlighted/strikethrough text) to Article 10 PART IV. District Regulations Section 10-10: Table of Permitted/Special Uses, Article 14: Planned Building Group in its entirety as well as the following cross-referenced sections (Part III Section 10.5, Section 10-8, Section 10-10: Note 3, Section 12-2 (C), Section 15-5, Article 19-3), as well as Article 19, Sections 1-5. The purpose for considering these text amendments are a result of the desired changes recommended in the moratorium ordinance that was adopted on March 8, Land Use Plan The proposed amendments are consistent with the current Comprehensive Plan and other applicable adopted plans and policies, included but not limited to the Gateway Vision Plan. Action Needed A motion for approval of the amendment to Article 2 Basic Definitions and Interpretations, Section 2.2 (225) by deleting the definition of Planned Building Group and adding (358a) Transportation Network, (highlighted/strikethrough text) to Article 10 PART IV. District Regulations Section 10-10: Table of Permitted/Special Uses, Article 14: Planned Building Group in its entirety as well as the following cross-referenced sections (Part III Section 10.5, Section 10-8, Section 10-10: Note 3, Section 12-2 (C), Section 15-5, Article 19-3) as well as Article 19, Sections 1-5. Attachments Ordinance 2016-O3 Town of Swansboro Planning and Zoning Board Statement of Consistency Planning Board Recommendation: At the February 22 and March 7 Planning Board Meetings, the Planning Board unanimously recommended approval of the proposed amendments. 25

26 ORDINANCE O3 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO ARTICLE 10 PART IV. DISTRICT REGULATIONS SECTION 10-10: TABLE OF PERMITTED/SPECIAL USES; ARTICLE 2: BASIC DEFINITIONS AND INTERPRETATIONS; REMOVAL OF ARTICLE 14: PLANNED BUILDING GROUP AND REFERENCED RELATED SECTIONS OF THE UNIFIED DEVELOPMENT ORDINANCE AND ARTICLE 19: TRAFFIC IMPACT STUDY; WHEREAS North Carolina General Statute 160A-383 requires that zoning regulations shall be made in accordance with a Comprehensive Plan; and WHEREAS NCGS 160A-383 also states that when adopting or rejecting any zoning amendment, the governing board shall approve a statement describing whether its action is consistent with an adopted Comprehensive Plan and any other officially adopted plan that is applicable, and briefly explain why the board considers the action taken to be reasonable and in the public interest; and WHEREAS the Board of Commissioners finds that the proposed amendments are consistent with the current Comprehensive Plan, and considers the action taken to be reasonable and in the public interest because it is consistent and other applicable adopted plans and policies, included but not limited to the Gateway Vision Plan. NOW BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro: Section 1. The Town of Swansboro Unified Development Ordinance is amended by changing the following in Article II Basic Definitions and Interpretations, Section 2.2 (225) deleting the definition of Planned Building Group and adding (358a) Transportation Network Section 2-2: Definitions of Basic Terms (226) Planned Unit Development. An office, institutional, governmental, residential, commercial, and/or projects involving a combination of these uses located on land under unified control, planned as a whole, and developed as a single development or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any areas, improvements, and facilities provided for the common use of the occupants or users of the development. Amended 08/17/10 (358a) Transportation Network. For the purposes of developing a Traffic Impact Study, the transportation network is considered the link between streets, roads, highways, non-highway systems such as pedestrian and bicycle travel ways, transit systems and all modes of transportation that moves goods, people and services located within the Town of Swansboro and ETJ. The network shall include but not be limited to private, Town and NCDOT maintained infrastructure. BOC Agenda Planning Board recommended text amendments February 22 & March 7 Review Page 2 26

27 Section 2. The Town of Swansboro Unified Development Ordinance is amended by changing the following Article 10 PART IV. Proposed changes (highlighted/strikethrough text) to PART IV. District Regulations Section 10-10: Table of Permitted/Special Uses Section 10-10: TABLE OF PERMITTED/SPECIAL USES/CONDITIONAL ZONING DISTRICTS PERMITTED/SPECIAL USES DWELLING, MULTI- FAMILY AND CONDOMINIUMS (see Notes 22 and 37, Section 10-11) DWELLING, THREE/FOUR FAMILY DWELLING, TOWNHOUSES (See Note 37, Section 10-11) ICS* CO N MANUFACTURED 5311 HOME PARK but excl. any 90 manufactured home sales (see Note 21, Section 10-11) RA R 6 R6 SF R 8 R8 SF R R10 10 SF R R15 15 SF R R20 20 SF R R40 PU 40 SF D ** M HP M MH HS S- 15S F MH S-O *** S S S S S S S S S S S P S P S P S P S P S P S P S P S P S P S P S O/ I G/ E B1 ** ** S B2 ** ** B3 ** ** PS S S PS All new nonresidential and mixed-use development and expansions or alterations of any such existing building where the expansion or alteration exceeds fifty (50) percent of the building value as assessed for real property taxes considered permitted by right and referred to as a Commercial Use shall be reviewed under Article 12. Special Uses. PS B2H M DO I **** Section 3. The Town of Swansboro Unified Development Ordinance is amended by removing Article 14: Planned Building Group in its entirety. REMOVAL OF ARTICLE 14. PLANNED BUILDING GROUP (ENTIRE ARTICLE) AND ALL CROSS REFERENCED SECTION OF THE UNIFIED DEVELOPMENT ORDINANCE LISTED BELOW: PART III. APPLICATION OF GENERAL REGULATIONS Section 10-5: Only One Main Building, One Main Use on Lot, and Orientation of a Building In all districts, every main building hereafter erected or altered shall be located on a separate lot, as defined in this Ordinance, and in no case shall there be more than one main building and permitted accessory building on the lot nor more than one main use (e.g., commercial, industrial or residential) per building and lot; provided that this requirement shall BOC Agenda Planning Board recommended text amendments February 22 & March 7 Review Page 3 27

28 not apply to uses that are permitted in the Table of Permitted Uses (Section 10-9) within the same zoning district and located in the same building, nor to motels or manufactured home parks, nor to planned building groups approved by the Planning Board, nor to a bona fide farm use. Section 10-8: Improvements Bond No final certificate of occupancy/compliance for a commercial, residential, or manufactured home park or planned building group will be issued until all required site improvements have been completed. In lieu of completion of required site improvements, the developer of the planned group may enter into a contract with the Town of Swansboro providing for the installation of required improvements within a designated period of time. Performance of said contract shall be secured by a cash or surety bond which will cover the total estimated cost of the improvements as determined by the Town of Swansboro; provided, however, that said bond may be waived by the Town Board of Commissioners within its discretion. Section 10-10: Notes to the Table of Permitted/Special Uses/Conditional Use Districts Note 3. Land Use Within the Planned Unit Development. All uses listed in the Table of Permitted Uses as a use-by-right in the PUD district shall be specified to be developed on certain sites within the PUD district at the time of the approval of the preliminary plan. Commercial activities shall be permitted only as a planned building group for uses allowed in the B-2 district. Section 12-2: Specific Criteria for Certain Special Uses Detailed regulations for certain special uses are set forth in this section. Special Use Districts: TNC Uses: As permitted by Article 10. Requirements: (C) All developments approved as traditional neighborhood special uses must be developed in compliance with the requirements of Section 11-2, Business Planned Building Group regulations. Section 15-5: Commercial Development Commercial land use will be developed as a planned building group under the regulations of the B-1 or B-2 zone. BOC Agenda Planning Board recommended text amendments February 22 & March 7 Review Page 4 28

29 ARTICLE 19. TRAFFIC IMPACT STUDY Section 19-3: Applicability Except as described below, a traffic impact study shall be required for all special use permits and site plans that meet the following criteria: (A) Special Use Permit. Estimated traffic generated by the permit exceeds two hundred (200) trips/day. (B) Planned Building Group. Estimated traffic generated by the development exceeds two hundred (200) trips/day. Refer to Section 2-2 for definition. Special use permits or planned building groups that produce more than two hundred (200) trips per day traffic may be exempted from the requirements to prepare and submit a traffic impact study if: (1) a traffic impact study has previously been prepared for this particular project or development, and (2) there is to be no change in land use or density that would increase travel, and (3) there is to be no change in access to the external street system, or (4) material is submitted to demonstrate that traffic created by the proposal when adding to existing traffic will not result in a need for transportation improvements, or (5) the Administrator decides that a traffic impact study is not required based on information submitted by a qualified professional traffic engineer substantiating that there will be no significant negative impact on adjacent roads/transportation arteries or land uses. Planning Department staff will review material submitted in support of an exemption and will determine from that material whether or not to grant the exemption. If an exemption is granted, documentation of the exemption will be submitted as part of the staff recommendation. Swansboro may require any special use permit or planned building group application to be accompanied by a traffic impact study when a road capacity or safety issue exists. If one is required, the town will notify the applicant of the reason for the requirement. If the project is reviewed as a Planned Development, only one traffic impact study is required for special use permit and planning building group approval unless revisions are proposed that would increase traffic or change access. BOC Agenda Planning Board recommended text amendments February 22 & March 7 Review Page 5 29

30 Section 4. The Town of Swansboro Unified Development Ordinance is amended by changing the following in Article 19, Sections 1-5. ARTICLE 19. Section 19-1: Purpose TRAFFIC IMPACT STUDY A traffic impact study shall be required for projects as defined in this Article. The study will enable the Town of Swansboro to assess the impact of a proposed development within the transportation network. Its purpose is to insure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access from the site to the existing transportation network. The purpose of the study is also to identify solutions to potential problems and to present improvements to be incorporated into the proposed development. Amended 2/19/2013 Section 19-2: Conduct A traffic impact study shall be prepared and sealed by a registered NC professional traffic engineer with previous traffic study experience. The procedures and standards for the traffic impact study are set forth in Section 19-4 of this Ordinance. The traffic impact study will be reviewed by the Town s Traffic Engineer and the cost shall be borne by the applicant, developer and/or petitioner. Prior to the preparation of a traffic impact study, a scoping meeting shall be held, including the planning staff, Town s traffic engineer, the applicant, and the preparer of the study. The discussion at this meeting should set the study parameters, including the study area, planned and committed roadway improvements (by NCDOT or others), road links and intersections to be analyzed, projected trip generation, preliminary traffic distribution, other planned developments to be considered, traffic growth rate, available data, periods for which analysis is to be performed, and other staff concerns. The ultimate authority for determining the scope of the study rests with the Town s Traffic Engineer. The study shall not be limited to the study parameters as referenced above. The qualifications of the preparer may be discussed at or prior to this meeting. Section 19-3: Applicability A traffic impact study shall be required for all projects where the Town Manager or his/her designee has determined from the information submitted that the estimated traffic generated by the project will have a significant impact on the transportation network. Determinations shall be based on the following criteria: BOC Agenda Planning Board recommended text amendments February 22 & March 7 Review Page 6 30