Board of Commissioners

Town of Swansboro Board of Commissioners July 24, 2023, Regular Meeting Minutes In attendance: Mayor John Davis, Mayor Pro Tem Frank Tursi, Commissioner Pat Turner, Commissioner Larry Philpott, Commissioner Jeffrey Conaway, and Commissioner PJ Pugliese. ********************************** Call to Order/Opening Prayer/Pledge The meeting was called to order at 5:30 pm. Mayor Davis led the Pledge of Allegiance. Public Comment Kim Kingrey of 212 Elm Street shared that she liked the ducks and thought they were cute, but over the past years’ things have shifted and there are too many. In addition to having to deal with dead ducks, they fly more than they used to. She felt that something should be done because they are getting on porches and vehicles and homeowners are having to deal with the other nuisance of their feces. Adoption of Agenda and Consent Items On a motion by Commissioner Philpott, seconded by Commissioner Turner, the agenda was approved unanimously. Public Hearing Text Amendment to 152.179 Table of Permitted/Special Uses Projects/Planning Coordinator Brehmer reviewed that the Town received a request from Swansboro High School to allow the replacement of the existing band tower in the front yard of the High School. Since 2000, accessory structures have not been permitted in front yards. However, in 2020 Ordinance 2020-06 was passed to allow accessory structures in the front yard on lots two (2) acres or greater. The purpose of this amendment is to include Government/Educational (G/E) properties to be permitted as a use in that category. The public hearing was opened at 5:36 pm then closed, no comments were offered. On a motion by Commissioner Conaway, seconded by Commissioner Pugliese, Ordinance 2023-O9 and the Comprehensive Plan Consistency Statement was approved unanimously amending the Unified Development Ordinance to amend Section 152.179 to allow accessory structures in the front yard on lots two (2) acres or greater in the GE (Governmental/Educational Zoning) district. Business Non-Consent Duck Population Control Measures Public Works Director Bates reviewed that he had been in contact with two organizations that could assist with population control measures. OWLS and Possumwood Acres. Page 1 of 3 Executive Director, Toni O’Neal with Possumwood Acres was in attendance to provide further information. Ms. O’Neal shared that over the past several years her Muscovy duck intake has doubled each year from the Swansboro area. She shared that collection of eggs before they are sat upon by the ducks and having only 1 area for feeding, and education to residents are measures that can be taken to control the population. To address the overpopulation situation that existed she recommended having a rehoming/adoption campaign allowing interested parties to capture the ducks for relocations to their property. Mrs. O’Neal shared that in her opinion around 20 ducks was a sustainable population for our area. In response to inquires from the board staff clarified the following details - There were approximately 200-250 ducks downtown. - The town ordinance is enforceable and included a fine of $50. After discussion, by consensus of the board, signs would be created to deter feeding, a centralized feed area would be explored, and Mrs. O’Neal would work with the Town Manager to help facilitate decreasing the duck population to around 20 ducks. Text Amendment/Town Code Chapter 34: Fire Department Fire Chief Randall shared that after carefully reviewing the ordinances relating to the organization of the Fire Department and fire prevention, most all ordinances were outdated on current methodologies, industry standards, approaches, or evolved operations. An amendment is recommended to realign, amend, and strengthen the adopted ordinances relating to the organization of the fire department. On a motion by Commissioner Conaway seconded by Commissioner Philpott, Ordinance 2023-O10 amending Town Code Chapter 34: Fire Prevention was approved unanimously. Town Code Amendment to Chapter 50: Refuse, Solid Waste and Recycle, § 50.26 Curbside pickup Public Works Director Bates reviewed that at the board’s request, staff drafted an amendment to the Town Code § 50.26 Curbside pickup, to apply a location designation for curbside collection area and restriction on the amount of time trash and recycle containers can be curbside for collection. The curbside area recommended was in front of the property and at least 3 feet from other objects such as mailboxes, vehicles, and utilities poles. The timeframe recommended for placement curbside was no earlier than 6 pm the night before collection and removal no later than 6 am the day following collection. Allowing residents to place containers curbside the night before and remove the day following collection, provided an adequate timeframe for all persons to accommodate placing and removing their containers based Page 2 of 3 on their schedules and to account for possibly delays or issues. This timeframe for containers to be curbside would be for a total of 36 hours. Due to the daylight changes during the winter months, the hour of 5 pm the night before was recommended, and agreed upon by the board. On a motion by Commissioner Philpott, seconded by Commissioner Turner Ordinance 2023-O11 amending § 50.26 Curbside pick up to restrict the amount of time trash and recycle containers can be curbside for collection was approved unanimously with the hour change from 6 pm to 5 pm the night before collection. Financial Report as of June 30, 2023 Mrs. Johnson reviewed details from the monthly financial report, attached herein with the PowerPoint presentation of the meeting. Future Agenda Topics Future agenda items were shared for visibility and comment. In addition, an opportunity was provided for the Board to introduce items of interest and subsequent direction for placement on future agendas. There were no other items added for future review. Public Comment Citizens were offered an opportunity to address the Board regarding items not listed on the agenda. No comments were given. Board Comments Commissioner Philpott shared that a letter had been sent to state representatives requesting additional funding for the EOC and that loans were still under research. Closed Session On a motion by Commissioner Turner, seconded by Commissioner Philpott the board entered closed session at 6:36 pm pursuant to NCGS 143-318.11 (a) (5) regarding property acquisition. Pursuant to a motion duly made in and seconded in closed session the board returned to open session. Adjournment On a motion by Commissioner Turner, seconded by Commissioner Pugliese, the meeting adjourned at 7:28 pm. Page 3 of 3  1/31/2024 Regular Meeting July 24, 2023 1 1. 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 1 public hearings scheduled for this meeting. 2 1  1/31/2024 PUBLIC COMMENT Citizen opportunity to address the Board for items listed on the agenda. 3 AGENDA AND CONSENT ITEMS Action Needed: Motion to Adopt the Agenda as prepared (or amended) and approval of the Consent Items 4 2  1/31/2024 PUBLIC HEARING Text Amendment to 152.179 Table of Permitted/Special Uses The Town received a request from Swansboro High School to allow the replacement of the existing band tower in the front yard of the High School. Since 2000, accessory structures have not been permitted in front yards. However, in 2020 Ordinance 2020-06 was passed to allow accessory structures in the front yard on lots two (2) acres or greater. The purpose of this amendment is to include Government/Educational (G/E) properties to be permitted as a use in this category. Recommended Action: 1. Hold a Public Hearing 2. Motion to approve or deny Ordinance 2023-O9 amending the Unified Development Ordinance to include Section 152.179 to allow accessory structures in the front yard on lots two (2) acres or greater in the Governmental/Educational Zoning District and the Comprehensive Plan Consistency Statement. Presenters: Rebecca Brehmer – Project/Planning Coordinator 5 NEW BUSINESS/NON-CONSENT Duck Population Control Measures At the board’s request, staff researched possibilities for duck population control. Two local wildlife rehabilitation organizations will provide information on control methods. Recommended Action: Receive information and provide direction to staff. 6 3  1/31/2024 NEW BUSINESS/NON-CONSENT Text Amendment/Town Code Chapter 34: Fire Department After carefully reviewing the ordinances relating to the organization of the Fire Department and fire prevention, most all ordinances were outdated on current methodologies, industry standards, approaches, or evolved operations. An amendment is recommended to realign, amend, and strengthen the adopted ordinances relating to the organization of the fire department. Recommended Action: Motion to approve Ordinance 2023-O10 amending Town Code Chapter 34: Fire Prevention Presenter: Jacob Randall – Fire Chief 7 NEW BUSINESS/NON-CONSENT Town Code Amendment to Chapter 50: Refuse, Solid Waste and Recycle, § 50.26 Curbside pickup At the board’s request, staff has drafted an amendment to the Town Code § 50.26 Curbside pickup, to apply a location designation for curbside collection area and restriction on the amount of time trash and recycle containers can be curbside for collection. Recommended Action: Motion to approve Ordinance 2023-O11 amending § 50.26 Curbside pick up to restrict the amount of time trash and recycle containers can be curbside for collection. Presenter: Gerald Bates– Public Works Director 8 4  1/31/2024 NEW BUSINESS/NON-CONSENT Financial Report Presenter: Sonia Johnson – Finance Director 9 TOWN OF SWANSBORO FINANCIAL REPORT (AS OF JUNE 30, 2023) REVENUES EXPENDITURES LOAN PAYMENTS INVESTMENTS 10 5  1/31/2024 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JUNE 30, 2023) GENERAL FUND 6,000,000 $5,412,800 5,000,000 $4,568,419 $4,485,931 $4,275,193 4,000,000 3,000,000 2,000,000 1,000,000 0 Revenues Expenditures FY 21/22 FY 22/23 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures $926,869 11 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JUNE 30, 2023) (ACTUAL) GENERAL FUND 6,000,000 $5,412,800 5,000,000 $4,568,419 $4,182,622 $4,175,741 4,000,000 3,000,000 2,000,000 1,000,000 0 Revenues Expenditures FY 21/22 FY 22/23 (ENCUMBRANCES NOT INCLUDED) Total Excess of Revenues Over Expenditures $1,230,178 12 6  1/31/2024 (PURCHASE ORDERS) ENCUMBERED SPENT % DEPT. BUDGET YTD ACTUAL BALANCE June 30, 2023 GOVERNING BODY 29,902 23,579 - 78.9% ADMIN SERVICES 376,563 352,449 4,773 94.9% FINANCE 265,670 253,807 8,633 98.8% LEGAL 43,000 38,257 - 89.0% PUBLIC BUILDINGS 389,207 322,929 17,467 87.5% FIRE 1,097,803 907,848 60,562 88.2% PERMITTING 362,328 290,210 5,442 81.6% POLICE 1,143,718 887,504 53,316 82.3% PUBLIC WORKS-STREETS 375,286 260,640 22,766 75.5% POWELL BILL-STREETS 135,830 10,465 78,874 65.8% PARKS & RECREATION 376,204 322,037 19,021 90.7% CHURCH STREET DOCK 9,454 7,061 810 83.2% EMERGENCY MANAGEMENT 2,700 2,700 - 100.0% FESTIVALS & EVENTS 124,449 85,481 4,525 72.3% NON DEPARTMENTAL 524,972 416,608 27,121 84.5% TOTAL 5,257,085 4,181,575 303,309 85.31% ** 13 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JUNE 30, 2023) STORMWATER ENTERPRISE FUND 250,000 $199,247 200,000 $186,915 $185,658 $158,171 150,000 100,000 50,000 0 Revenues Expenditures FY 21/22 FY 22/23 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures $1,257 14 7  1/31/2024 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JUNE 30, 2023) SOLID WASTE ENTERPRISE FUND 500,000 $456,548 450,000 $431,657 $398,179 400,000 $370,269 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 Revenues Expenditures FY 21/22 FY 22/23 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures $33,478 15 TOWN OF SWANSBORO LOAN REPORT (AS OF JUNE 30, 2023) Item Principal Interest End Date Annual Debt Balance Rate Service DEBT Town Hall/Tanker $391,469 2.69 03/21/2028 $84,724 Public Safety Facility $80,000 2.58 12/22/2024 $42,064 Fire Truck SERVICE Sleeping Quarters $179,671 $100,000 2.08 2.43 11/01/2026 12/14/2026 $47,512 $28,038 Grapple Truck/Town $93,416 1.72 6/25/2025 $47,917 Hall Generator Vehicles(Police & Fire $67,627 1.84 7/15/2026 $23,377 Department) & Software Total Debt $912,183 $273,632 16 8  1/31/2024 TOWN OF SWANSBORO CASH & INVESTMENTS REPORT (AS OF JUNE 30, 2023) CASH & INVESTMENTS BANK BALANCE INTEREST RATE First Citizens Bank 6,646,653 .10% NC CMT-General $5,544,748 5.0% OSBM Funds included in First Citizens Bank balance- $6,100,000 ➢ Emergency Operations Center-$6,000,000 ➢ Sidewalks-$100,000 17 GRANT UPDATE Budget YTD Expenditures Encumbrances Unencumbered American Rescue Plan Act Fund $1,065,725 $769,616 $51,707 $244,402 Swansboro Bicentennial Park Boardwalk Extension $176,350 $28,878 $0 $147,472 Emergency Operation Center $6,005,995 $18,280 $0 $5,987,715 Emmerton School Repairs $424,000 $4,180 $0 $419,820 Total Outstanding Grants $7,672,070 $820,954 $51,707 $6,799,409 18 9  1/31/2024 Any Questions ? 19 NEW BUSINESS/NON-CONSENT Future Agenda Topics Future agenda items are shared for visibility and comment. In addition, an opportunity is provided for the Board to introduce items of interest and subsequent direction for placement on future agendas. Action Needed: Discuss and provide any guidance. Presenter: Alissa Fender – Town Clerk 20 10  1/31/2024 PUBLIC COMMENT Citizen opportunity to address the Board. 21 MANAGER’S COMMENTS Paula Webb, Town Manager 22 11  1/31/2024 BOARD COMMENTS Mayor John Davis Mayor Pro Tem Frank Tursi Commissioner Pat Turner Commissioner Harry “PJ” Pugliese Commissioner Larry Philpott Commissioner Jeffrey Conaway 23 CLOSED SESSION Recommended Action: Motion to enter Closed Session Pursuant to NCGS 143-318.11 (a) (5) to instruct the public body's staff on negotiating terms for property acquisition. 24 12  1/31/2024 ADJOURN 25 13