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Board of Commissioners

Regular Meeting

Swansboro, NC · August 27, 2024

AgendaPacketMinutes

Minutes

Town of Swansboro Board of Commissioners August 27, 2024, Regular Meeting Minutes In attendance: Mayor John Davis, Mayor Pro Tem William Justice, Commissioner Jeffrey Conaway, Commissioner Pat Turner, Commissioner Joseph Brown, and Commissioner Douglas Eckendorf. ********************************** Call to Order/Opening Prayer/Pledge The meeting was called to order at 6:00 pm. Mayor Davis led the Pledge of Allegiance. Public Comment Citizens were offered an opportunity to address the Board regarding items listed on the agenda. No comments were made. Adoption of Agenda and Consent Items On a motion by Commissioner Turner, seconded by Commissioner Conaway, the agenda, as amended to add the purchase of a building inspector vehicle and closed session pursuant to North Carolina General Statute 143-318.11 (a)(5) to discuss negotiating the price or other terms for the acquisition of real property, and the remaining consent items below were approved unanimously. - May 14, 2024, Regular Meeting Minutes - May 14, 2024, Closed Session Minutes Appointments/Recognitions/Presentations True Justice International Community Presentation Tracy Kline, Executive Director of True Justice International, presented on the widespread issue of human trafficking, particularly in Eastern North Carolina, emphasizing that trafficking often involved coercion from close contacts rather than strangers. True Justice, a nonprofit, supports survivors through long-term recovery programs focused on trauma and addiction, rather than only emergency shelter. The organization collaborates with law enforcement, conducts outreach in vulnerable locations, and offers community education on recognizing trafficking signs, particularly through school programs. Ms. Kline share that the best way to helps would be through donations, volunteering, and attending events like the annual Oyster Roast which would be held on November 22nd and extended an invitation to all who would like to attend. Board Appointments - Swansboro Swimming Pool Committee Clerk Fender reviewed that at its August 13, 2024, meeting, the Board approved Resolution 2024-R8 to create the Swansboro Swimming Pool Committee and appointed Page 1 of 5 Matthew Prane, Scott Evans and Brooks Barnett. It was requested that the committee include Swansboro residents, and Mr. Prane was directed to select additional members that live in Town. Mr. Prane had selected Renee Cassiano and Laura Grimes-Holland. On a motion by Commissioner Eckendorf, seconded by Commissioner Turner, the recommended members were appointed unanimously. Public Hearing UDO Text Amendment to Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards Planner Rebecca Brehmer reviewed that after a recent Board of Adjustment meeting for an appeal to an administrative decision involving boat/boat trailer storage on an empty residential lot, Staff was directed by the Board of Commissioners to present a text amendment to allow boat/boat trailer storage in Town. The proposed text amendments included adding “boat/boat Trailer” storage to the Table of Permitted/Specials Uses as a “Use Standard” which had additional criteria for the use outlined in Section 152.212 Use Standards. All boat/boat Trailer Storage would be permitted in all zoning districts, if the use meets the criteria outlined in the use standards. For B1 and M1 zone districts, the proposed addition to the Table of Permitted/Special Uses will be permitted use, as it is already allowed in our ordinance as a use. The Planning Board unanimously recommended approval with the suggestion of rewording (Y) Use Boat/Boat Trailer Storage, part (e) from Section 152.212 Use Standards to be less restrictive at their August 6, 2024, regular meeting. The Board discussed the appropriateness of the 25% storage limit, with one member expressing concern it might be too large, while others felt it would suffice due to personal use restrictions. The public hearing was opened at 6:52 pm, the following individuals spoke. Doug Rogers of 406 Elm Street expressed his support for allowing boat storage without fencing or screening, sharing that he would rather see boats & trailers than fencing. Gerald Lissette of 313 Water Street shared that he also supported removing Section E, advocating for property rights. Tom Peratti of 708 Meeting Park Lane also supported eliminating the screening requirement entirely and suggested adding language to ensure properties remain well- maintained and orderly. The public hearing was closed at 6:56 pm. Page 2 of 5 On a motion by Commissioner Eckendorf, seconded by Commissioner Brown, Ordinance 2024-O16 amending Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards was approved unanimously with the provision of changing (E) to read “The property is to be well-maintained in a neat and clean condition, free of overgrown grass, weeds, brush, and debris”. Business Non-Consent Carpet Replacement in the Community Room and Assembly Room Manager Barlow reviewed that at the August 13, 2024, meeting, the Board directed staff to seek estimates for replacement of the carpet in both the Community Room in Town Hall and the Assembly Room in Emmerton School. Estimates were requested for both high-end and low-end products, and the proposals received ranged from approximately $9,000 to $50,000. He recommended opting for carpet tiles from Watkins Flooring Company due to their ease of replacement and sound-dampening qualities, recommending three additional cases for replacement needs. The high-end tiles were noted to be durable, lasting an estimated 15-20 years with proper maintenance. Public Works Director Bates shared that he would select a color that would improve the appearance of the rooms and would also ensure that the carpet would be cleaned regularly and kept in good repair. On a motion by Commissioner Turner, seconded by Commissioner Eckendorf, the appropriation of the necessary funds from fund balance for the replacement of the flooring material in both facilities, resulting in a budget amendment to be provided at the next meeting was unanimously approved. Sidewalk Priority Project List Manager Barlow reviewed that in 2020 a sidewalk project priority list was developed. In all, 9 areas were selected to focus on the construction of new sidewalks and four of which had been completed. A partnership with NCDOT and JUMPO facilitated the design and construction of several of the priority areas. Due to easement acquisition difficulties and project funding no other projects were performed. The board had allocated $500,000 for the remaining five projects and Mr. Barlow shared that there could be potential federal funding with an 80-20 split, suggesting that this funding source could extend the town’s budget further. The board decided to shift priorities, and reorganized the priorities as follows and agreed to authorize staff to seek engineering services for the sidewalk projects, focusing on the updated priorities.  Priority 1 – Location: Main St. Extension from One Harbor Church to Old Hammock Road, then Old Hammock Road to High Speed Gear Page 3 of 5  Priority 2 – Location: Southside Hwy 24 from Walmart to Queens Creek Road Intersection, then Intersection to Swansboro High School/Queens Creek Elementary School entrance  Priority 3 – Location: Hammocks Beach Road from Moore’s BBQ to Park Place, and Soccer Association to Cormorant Drive  Priority 4 – Location: Pineland Drive parcel to connect to the existing sidewalk at the Cottages  Priority 5 – Location: Gaps on Northside of Hwy 24 from Old Hammocks Road to Downtown Vehicle Purchase for Building Inspections Manager Barlow reviewed that the building inspector's truck needed replacement. Sanders Ford offered a Ford Maverick at the state contract price of $28,892.37. On a motion by Commissioner Eckendorf, seconded by Commissioner Turner, purchase of a Ford Maverick at the state contract price of $28,892.37, resulting in a budget amendment to be provided at the next meeting was unanimously approved. Monthly Financial Report as of July 31, 2024 Finance Director Johnson reviewed details from the monthly financial report, attached herein with the power point presentation of the meeting. In response to inquiries from the board, Mrs. Johnson clarified the following. - A deficient would show until the ad valorem taxes begin coming in around November. - Governing Body and Admin Services departments appeared high due to annual dues that get paid at the start of the Fiscal Year - Stormwater billing had been sent and a bill notifications sent via email, explaining that these were notifications of availability in the online portal rather than the invoices themselves. The online notification feature was temporarily disabled to address any confusion. - EOC/PSB Funds and Sidewalk funds were together in the TD Bank account but delineated. Future Agenda Topics Future agenda items were shared for visibility and comments. 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 new agenda items introduced. Page 4 of 5 Public Comment Citizens were offered an opportunity to address the Board regarding items not listed on the agenda. No comments were made. Manager's Comments Manager Barlow shared that a meeting had been held with the engineer and contractor to explore redesign options and alternative materials to lower costs for the Dockwalk Project. A final estimate was not yet available, but staff expected it by the next meeting. The new digital sign was estimated to be installed and operational around September 11th. Board Comments Board members expressed gratitude to attendees, encouraging continued participation to strengthen community involvement and communication. Staff were commended for their dedication and the positive work environment they fostered. Mayor Pro Tem Justice shared that he had concerns about the Dockwalk project specifically at the point where it crossed under the bridge. That area was not passable during high tide and sometimes became slippery. Commissioner Eckendorf shared that he felt some police presence was needed at the High School to help with the traffic issues. Mayor Davis shared that he had been working with the school on some changes that could help with the traffic issues at the school Closed Session On a motion by Commissioner Eckendorf, seconded by Commissioner Turner with unanimous approval the board entered closed session at 7:48 pm pursuant to NCGS 138.143-11 (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney‑client privilege, and (5) to discuss negotiating the price or other terms for the acquisition of real property, and the remaining consent items below were approved unanimously. Pursuant to a motion duly made and seconded in closed session the board returned to open session. Adjournment On a motion by Commissioner Conaway, seconded by Commissioner Turner, the meeting adjourned at 8:36 pm. Page 5 of 5 11/18/2024 Regular Meeting August 27, 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 11/18/2024 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 11/18/2024 True Justice International Community Presentation Presenter: Traci Klein – Executive Director of True Justice International 5 True Justice 6 3 11/18/2024 7 ANNA’S HOUSE - TJI’S SAFE HOUSE 8 4 11/18/2024 Training & Awareness 9 10 10 5 11/18/2024 11 North Carolina is consistently ranked in the top 10 for reported cases of human trafficking! Currently ranked 8th. • Staggering Figures: • 50 Million • 150 Billion • 300,000 • Fastest Growing • Has surpassed drugs 12 6 11/18/2024 2022 Numbers 12 Billion 10.9 Billion 2.9 Billion 10 Billion 20/21 Season 100 Million 13 North Carolina….WHY? 14 7 11/18/2024 What does this typically look like in the US? 15 What is HT? 16 8 11/18/2024 Force Fraud Coercion • Force: Violence Or threat of Violence • Fraud: Deceitful recruitment practices, fraudulent debt accumulation • Coercion: Emotional manipulation, document confiscation, threats of deportation, exposure and shaming, and consequences to family members. • Drugs are also often used to coerce and manipulate 17 18 9 11/18/2024 Non-physical threat or coercion to expose sexual images in order to make a person send money or more explicit pictures or videos 19 19 20 10 11/18/2024 Hayley- Before Jesse 21 Hayley – As Jesse’s favorite victim 22 11 11/18/2024 Hayley, the survivor! 23 • National Human Trafficking Resource Center Hotline 1-888-373-7888 Text: BE FREE • True Justice New Bern (252) 631-5111 Jacksonville (910) 939-5928 TJI Hotline: 252-424-0723 24 12 11/18/2024 • "You may choose to look the other way, but you can Questions never say again that you did not know." - William Wilberforce 25 Board Appointments Swansboro Swimming Pool Committee Presenter: Alissa – Town Clerk 26 13 11/18/2024 PUBLIC HEARING UDO Text Amendment to Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards After a recent Board of Adjustment meeting for an appeal to an administrative decision involving boat/boat trailer storage on an empty residential lot, Staff was directed by the Board of Commissioners to present a text amendment to allow boat/boat trailer storage in Town. Recommended Action: 1. Hold a public hearing 2. Motion to approve Ordinance 2024-O16 amending Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards. Presenter: Rebecca Brehmer– Town Planner CFM, CZO 27 NEW BUSINESS/NON-CONSENT Carpet Replacement in the Community Room and Assembly Room At the August 13, 2024, meeting, the Board directed staff to seek estimates for replacement of the carpet in both the Community Room in Town Hall and the Assembly Room in Emmerton School. Recommended Action: Authorize the appropriation of the necessary funds from fund balance for the replacement of the flooring material in both facilities, resulting in a budget amendment to be provided at the next meeting. Presenter: Jon Barlow– Town Manager 28 14 11/18/2024 NEW BUSINESS/NON-CONSENT Sidewalk Priority Project List In 2020 a sidewalk project priority list was developed. In all, 9 areas were selected to focus the construction of new sidewalks. A partnership with NCDOT and JUMPO facilitated the design and construction of several of the priority areas (1,2, and 4). Due to easement acquisition and project funding no other projects were performed. Recommended Action: Motion to authorize staff to seek engineering services for the design along with permitting and easement acquisition of the sidewalks identified in the project priority list. Presenter: Jon Barlow– Town Manager 29 NEW BUSINESS/NON-CONSENT Financial Report Presenter: Sonia Johnson – Finance Director 30 15 11/18/2024 TOWN OF SWANSBORO FINANCIAL REPORT (AS OF JULY 31, 2024) REVENUES EXPENDITURES LOAN PAYMENTS INVESTMENTS 31 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JULY 31, 2024) GENERAL FUND 800,000 $669,803 700,000 600,000 $569,948 500,000 400,000 300,000 $244,669 $229,487 200,000 100,000 0 Revenues Expenditures FY 23/24 FY 24/25 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures -($425,134) 32 16 11/18/2024 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JULY 31, 2024) (ACTUAL) GENERAL FUND 700,000 $593,529 600,000 $522,428 500,000 400,000 300,000 $244,669 $229,487 200,000 100,000 0 Revenues Expenditures FY 23/24 FY 24/25 (ENCUMBRANCES NOT INCLUDED) Total Excess of Revenues Over Expenditures -($348,860) 33 (PURCHASE ORDERS) ENCUMBERED SPENT % DEPT. BUDGET YTD ACTUAL BALANCE July 31, 2024 GOVERNING BODY 25,195 9,354 785 40.2% ADMIN SERVICES 429,552 42,467 265 9.9% FINANCE 315,178 18,451 200 5.9% LEGAL 59,300 - - 0.0% PUBLIC BUILDINGS 347,173 20,160 5,913 7.5% FIRE 1,994,458 115,230 15,589 6.6% PERMITTING 258,500 26,257 191 10.2% PLANNING 86,293 - - 0.0% POLICE 1,344,996 87,288 12,172 7.4% PUBLIC WORKS-STREETS 1,214,586 13,293 31,092 3.7% POWELL BILL-STREETS 116,712 320 - 0.3% PARKS & RECREATION 486,086 25,971 9,887 7.4% DOWNTOWN FACILITIES 130,326 5,844 180 4.6% EMERGENCY MANAGEMENT 10,850 144 - 1.3% FESTIVALS & EVENTS 134,635 19,487 - 14.5% NON DEPARTMENTAL 544,864 209,264 - 38.4% TOTAL 7,498,704 593,529.07 76,274.28 8.93% ** 34 17 11/18/2024 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JULY 31, 2024) STORMWATER ENTERPRISE FUND 8,000 $7,609 7,000 $6,080 6,000 5,000 4,000 3,000 2,000 1,000 $561 $- 0 Revenues Expenditures FY 23/24 FY 24/25 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures -($7,048) 35 TOWN OF SWANSBORO REVENUES/EXPENDITURES TWO YEAR COMPARISON (AS OF JULY 31, 2024) SOLID WASTE ENTERPRISE FUND 41,000 $39,633 40,000 39,000 $38,368 38,000 37,000 36,000 35,000 $34,230 34,000 $33,800 33,000 32,000 31,000 30,000 Revenues Expenditures FY 23/24 FY 24/25 ENCUMBRANCES INCLUDED Total Excess of Revenues Over Expenditures $4,568 36 18 11/18/2024 TOWN OF SWANSBORO LOAN REPORT (AS OF JULY 31, 2024) Item Principal Interest End Date Annual Debt Balance Rate Service DEBT Town Hall/Tanker $317,275 2.69 03/21/2028 $84,724 Public Safety Facility $40,000 2.58 12/22/2024 $42,064 SERVICE Fire Truck $136,806 2.08 11/01/2026 $47,512 Sleeping Quarters $75,000 2.43 12/14/2026 $28,038 Grapple Truck/Town $47,106 1.72 6/25/2025 $47,917 Hall Generator Vehicles(Police & Fire $45,495 1.84 7/15/2026 $23,377 Department) & Software Cab Tractor/Dump $254,500 4.82 4/3/2029 $58,491 Truck Total Debt $916,182 $332,123 37 TOWN OF SWANSBORO CASH & INVESTMENTS REPORT (AS OF JULY 31, 2024) CASH & INVESTMENTS BANK BALANCE INTEREST RATE First Citizens Bank $237,740 .05% NC CMT-General $5,566,629 5.22% TD Bank $6,286,771 5.21% (SCIF Funds for EOC & Sidewalks) 38 19 11/18/2024 GRANT UPDATE Budget YTD Expenditures Encumbrances Unencumbered American Rescue Plan Act Fund $1,102,599 $981,642 $46,850 $74,107 Swansboro Bicentennial Park Boardwalk Extension $277,800 $143,552 $0 $134,248 Emergency Operation Center $6,202,729 $20,105 $0 $6,182,624 Emmerton School Repairs $424,000 $25,750 $0 $398,250 Stormwater Master Plan $400,000 $69,579 $0 $330,421 Total Outstanding Grants $8,407,128 $1,240,628 $46,850 $7,119,650 39 Any Questions ? 40 20 11/18/2024 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 41 PUBLIC COMMENT Citizen opportunity to address the Board. 42 21 11/18/2024 MANAGER’S COMMENTS Town Manager Jon Barlow 43 BOARD COMMENTS Mayor John Davis Mayor Pro William Justice Commissioner Jeffrey Conaway Commissioner Douglas Eckendorf Commissioner Joseph Brown Commissioner Patricia Turner 44 22 11/18/2024 CLOSED SESSION Recommended Action: Motion to enter Closed Session pursuant to NCGS 138.143-11 (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege. 45 ADJOURN 46 23

Agenda

Board of Commissioners Agenda Town of Swansboro Tuesday, August 27, 2024 Board Members John Davis, Mayor | William Justice, Mayor Pro Tem | Pat Turner, Commissioner Jeffrey Conaway, Commissioner | Douglas Eckendorf, Commissioner | Joseph Brown, Commissioner _________________________________________________________________________________ I. Call to Order/Opening Prayer/Pledge 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 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. III. Consent Items: a. May 14, 2024, Regular Meeting Minutes b. May 14, 2024, Closed Session Minutes IV. Appointments/Recognitions/Presentations a. True Justice International Community Presentation Presenter: Traci Klein - Executive Director of True Justice International b. Board Appointments - Swansboro Swimming Pool Committee Presenter: Alissa Fender – Town Clerk At its August 13, 2024, meeting, the Board of Commissioners approved Resolution 2024-R8 to create the Swansboro Swimming Pool Committee and appointed Matthew Prane, Scott Evans and Brooks Barnett. It was requested that the committee include Swansboro residents, and Mr. Prane was directed to select additional members that live in Town. Recommended Action: Motion to appoint the recommended members to the Swansboro Swimming Pool Committee. V. Public Hearing a. UDO Text Amendment to Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards Presenter: Rebecca Brehmer, CFM, CZO – Town Planner After a recent Board of Adjustment meeting for an appeal to an administrative decision involving boat/boat trailer storage on an empty residential lot, Staff was directed by the Board of Commissioners to present a text amendment to allow boat/boat trailer storage in Town. Recommended Action: 1. Hold a public hearing 2. Motion to approve Ordinance 2024-O16 amending Section 152. 179 Table of Permitted/Special Uses and Section 152.212 Use Standards. VI. Business Non-Consent a. Carpet Replacement in the Community Room and Assembly Room Presenter: Jon Barlow – Town Manager At the August 13, 2024, meeting, the Board directed staff to seek estimates for replacement of the carpet in both the Community Room in Town Hall and the Assembly Room in Emmerton School. Recommended Action: Authorize the appropriation of the necessary funds from fund balance for the replacement of the flooring material in both facilities, resulting in a budget amendment to be provided at the next meeting. b. Sidewalk Priority Project List Presenter: Jon Barlow – Town Manager In 2020 a sidewalk project priority list was developed. In all, 9 areas were selected to focus the construction of new sidewalks. A partnership with NCDOT and JUMPO facilitated the design and construction of several of the priority areas (1,2, and 4). Due to easement acquisition and project funding no other projects were performed. Recommended Action: Motion to authorize staff to seek engineering services for the design along with permitting and easement acquisition of the sidewalks identified in the project priority list. c. Monthly Financial Report as of July 31, 2024 Presenter: Sonia Johnson – Finance Director d. Future Agenda Topics Presenter: Alissa Fender – Town Clerk 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. Recommended Action: Discuss and provide any guidance. VII. Items Moved from Consent VIII. 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 Comments a. Project Brief b. Departments Report X. Board Comments XI. Closed Session a. Recommended Action: Motion to enter Closed Session pursuant to NCGS 138.143-11 (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney‑client privilege. XII. Adjournment

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