Board of Commissioners

Town of Swansboro Board of Commissioners March 12, 2024, Regular Meeting Minutes In attendance: Mayor Pro Tem William Justice, Commissioner Jeffrey Conaway, Commissioner Joseph Brown, Commissioner Douglas Eckendorf and Commissioner Pat Turner. Mayor John Davis was absent. Mayor Pro Tem Justice facilitated the meeting. ********************************** Call to Order/Opening Prayer/Pledge The meeting was called to order at 6:00 pm. Mayor Pro Tem Justice gave the invocation and led the Pledge of Allegiance. Public Comment Frank Tursi of 270 River Reach Drive addressed the board regarding the agenda item to amend Board of Commissioners Policy # 15. He shared that this change could result in the town accepting all roads regardless of condition because any contractor could come up with unusual circumstances. Additionally, he felt the process was a backdoor way of changing the ordinance, and he urged the board to table and hold a public hearing to give the citizens a chance to speak on it. Adoption of Agenda and Consent Items On a motion by Commissioner Eckendorf, seconded by Commissioner Conaway, the agenda along with the below consent items was approved unanimously. - August 14, 2023, Regular Meeting - August 14, 2023, Closed Session - August 28, 2023, Regular Meeting - August 28, 2023, Closed Session - Budget Ordinance Amendment #2024-7 Appointments/Recognitions/Presentations Recognition of McKenna Panos Mayor Pro Tem Bill Justice recognized McKenna Panos by presenting her with a proclamation for her outstanding performance at the NCHSAA 3-A Indoor Track and Field Championship securing the State Indoor High Jump Title. Mayor Pro Tem Justic also provided Ms. Panos with a photograph he had of her grandfather, who was a close friend of his. Public Hearing UDO Text Amendment to Massing Study Standards in the Historic District Projects/Planning Coordinator Brehmer reviewed that during the October 17, 2023, and November 28, 2023, Swansboro Historic Preservation Commission meetings, a request Page 1 of 4 was made by the board to review and amend the current Massing Study Standards found under Section 11 New Construction of our Historic District Design Standards. The Planning Board recommended this amendment to the Board of Commissioners at their February 6, 2024, meeting. The public hearing was opened at 6:12 pm, then closed. No comments were made. On a motion by Commissioner Eckendorf, seconded by Commissioner Turner, Ordinance 2024-O4 amending Appendix III Historic District Design Standards Section 11 New Construction was unanimously approved. Business Non-Consent Sidewalk Repair and Street Repaving Project Interim Town Manager Barlow reviewed that the property owner of 101-104 Church Street, aka Port of Swannsborough, was replacing the concrete parking pad in front of this business location. The Town owned a 6’ wide portion of this pad along Church Street. The Town received a quote from the contractor working for the private property owner to replace the Towns portion in the amount of $7,560 for 4 inches of concrete or $9,000 for 6 inches of concrete (120 feet in length). Additionally, a quote to repave the portion of Church Street from Water Street to Front Street was received from Onslow Grading a Paving in the amount of $22,755.50. Both of these projects are Powell Bill eligible, and the FY23/24 Budget had funds remaining to cover these expenditures. In response to inquiries from the board, Interim Manager Barlow clarified the following. - The project was below an expense threshold to require more than 1 quote. - Recommends the 6-inch concrete option over the 4-inch option due to vehicular traffic crossing it. - The owner of 101-104 Church Street intended to proceed with the project even if the Town did not, however, at a later date the cost will likely be more. - The project was Powell Bill eligible because that fund provides funding for sidewalks and street maintenance for Town maintained streets. On a motion by Mayor Pro Tem Justice, seconded by Commissioner Turner, unanimous authorization was given for staff to enter into a contract with Sun City Contractors in the amount of $9,000 to replace 6’x120’ of concrete and a separate contract with Onslow Grading and Paving in the amount of $22,755.50 to repave a portion of Church Street. Page 2 of 4 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 om future agendas. No additional items were addressed. Amendment to Board Policy # 15 – Private Roads and Associated Facilities Acceptance of Dedication and Maintenance Interim Town Manager Barlow reviewed that as requested by the board, an amendment to Board Policy #15 had been drafted by the Town Attorney for review. Interim Attorney Rasberry shared with the board that this amendment provided flexibility to address items such as the Charleston Park subdivision. If the board approved the amendment the next action would be to accept the subdivisions infrastructure and identify specifics. In response to inquiries from the board, Interim Attorney Rasberry clarified the following. - The intention is to set general guidelines and not specify certain properties/projects - The Town UDO standards would still apply Concerns were shared that the policy was not strict enough and that future boards could make changes at any time, along with how the acceptance of Charleston Park could affect the budget. On a motion by Commissioner Brown, seconded by Commissioner Eckendorf, Board Policy # 15 – Private Roads and Associated Facilities Acceptance of Dedication and Maintenance was amended as presented by a vote of 3:2. Ayes: Brown, Eckendorf, Justice Noes: Conaway, Turner Public Comment Citizens were offered an opportunity to address the Board regarding items not listed on the agenda. No comments were given. Manager's Comments Interim Attorney Rasberry shared that a conversation was held with the litigation lawyers related to the skatepark, and further discussion was still needed related to reopening the skatepark. Additionally, he shared that the Town’s prior attorney, Cliff Parson, had reached out to him regarding his association with a client that would be Page 3 of 4 having an upcoming project in the Town of Swansboro, and inquired if the board would provide a waiver of conflict for the project to allow Mr. Parson to represent his client. By consensus, the board was not in favor of granting the waiver. Board Comments Commissioner Conaway shared that his vote against the board policy was not an indication that he was against Charleston Park, he just has concern on what the potential outfalls could be for making such changes. Board members shared their appreciation to staff and those in attendance at the meeting, and to Mayor Pro Tem Justice for his first successful facilitation of a meeting as Mayor Pro Tem. Adjournment On a motion by Commissioner Conaway, seconded by Commissioner Brown, the meeting adjourned at 6:55 pm. Page 4 of 4  3/12/2024 Regular Meeting March 12, 2024 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  3/12/2024 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  3/12/2024 Recognition of McKenna Panos Presenter: Mayor Pro Tem Bill Justice 5 PUBLIC HEARING UDO Text Amendment to Massing Study Standards in the Historic District During the October 17, 2023, and November 28, 2023, Swansboro Historic Preservation Commission meetings, a request was made by the board to review and amend the current Massing Study Standards found under Section 11 New Construction of our Historic District Design Standards. The Planning Board recommended this amendment to the Board of Commissioners at their February 6, 2024, meeting. Recommended Action: 1.Hold a public hearing; 2.Motion to approve Ordinance 2024-O4 amending Appendix III Historic District Design Standards Section 11 New Construction. Presenter: Rebecca Brehmer – Projects/Planning Coordinator 6 3  3/12/2024 NEW BUSINESS/NON-CONSENT Sidewalk Repair and Street Repaving Project The property owner of 101-104 Church Street, aka Port of Swannsborough, is replacing the concrete parking pad in front of this business location. The Town owns a 6’ wide portion of this pad along Church Street. The Town received a quote from the contractor working for the private property owner to replace the Towns portion in the amount of $7,560 for 4” of concrete or $9,000 for 6” of concrete (120 feet in length). Additionally, a quote to repave the portion of Church Street from Water Street to Front Street was received from Onslow Grading a Paving in the amount of $22,755.50. Both of these projects are Powell Bill eligible. The FY23/24 Budget has funds remaining to cover these expenditures. Recommended Action: Authorize staff to enter into a contract with Sun City Contractors in the amount of $9,000 to replace 6’x120’ of concrete and a separate contract with Onslow Grading and Paving in the amount of $22,755.50 to repave a portion of Church Street. Presenter: Jon Barlow – Interim Town Manager 7 NEW BUSINESS/NON-CONSENT Future Agenda Items 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 8 4  3/12/2024 Attorney’s Report Presenter: Francis Rasberry 9 NEW BUSINESS/NON-CONSENT Amendment to Board Policy # 15 – Private Roads and Associated Facilities Acceptance of Dedication and Maintenance As requested by the board, an amendment to Board Policy #15 has been drafted by the Town Attorney for review. Recommended Action: Motion to approve Resolution 2024-R4 to amend Board Policy # 15 – Private Roads and Associated Facilities Acceptance of Dedication and Maintenance. Presenter: Jon Barlow – Interim Town Manager 10 5  3/12/2024 PUBLIC COMMENT Citizen opportunity to address the Board. 11 MANAGER’S COMMENTS Interim Town Manager 12 6  3/12/2024 BOARD COMMENTS Mayor John Davis Mayor Pro William Justice Commissioner Jeffrey Conaway Commissioner Douglas Eckendorf Commissioner Joseph Brown Commissioner Patrica Turner 13 ADJOURN 14 7