agenda 2 october 10, 2017 meeting minutes october 10, 2017...

Table of Contents

Agenda 2October 10, 2017 Meeting Minutes

October 10, 2017 5Tax Refund Request

Tax Refund 10Correction to Ordinance Amendment #7 to the Waterfront PlanImplementation Project and Municipal Park ImprovementProject

Correction to Ordinance Amendment #7 11Budget Amendment #2018-2

Budget Amendment #2018-2 14Mullet Festival Participation Recognition

Agenda Memo 16Petition for Voluntary Annexation - ABC Store/1055 W. CorbettAvenue

Agenda Memo 18Dog Park Policies and Town Code of Ordinances Amendment

Agenda Memo 26One Harbor Church Lease Considerations - 601 W. Corbett(Auditorium) and Continued Use of 502 Church St.)

Agenda Memo 33

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BOARD OF COMMISSIONERS MEETING AGENDA

Town of Swansboro Tuesday, November 14, 2017

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

August 8, 2017 Closed Session Minutes October 10, 2017 Meeting Minutes

October 10, 2017 Closed Session Minutes

{Note: All Closed Session minutes are sealed upon adoption unless otherwise stated within the motion or as required by state statues.}

b. Tax Refunds The Onslow County Tax Collector recommends a refund totaling $33.79. Tax & Tag – Motor Vehicle (per the NC Department of Motor Vehicles) Kohlmann, Ralph Harold $33.79 Tag Surrender

c. Budget Ordinance Amendments - Correction to Ordinance Amendment #7 to the Waterfront Plan Implementation

Project and Municipal Park Improvement Project - Budget Amendment #2018-2

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•

IV. Appointments/Recognitions/Presentations a. Employee Introductions

William Heath - Fire Lieutenant Brian Davis - Public Works Laborer Jeremy McNeil - Police Sergeant

b. Mullet Festival Participation Recognition Brittany Shipp, Citizens and staff who participated in the 63rd Mullet Parks & Rec Director Festival activities/coordination will be recognized.

c. Quarterly Financial Report - 1st quarter FY 17/18 Sonia Johnson,

Finance Director

V. Public Hearing a. Petition for Voluntary Annexation - ABC Store/1055 W.

Corbett Avenue Paula Webb. Clerk The Onslow County Alcoholic Beverage Control Board has MMC-NCCMC petitioned to voluntary annex 1055 W. Corbett Avenue (tax parcel 1319-61/025739), where a new ABC Store will be constructed. The 3.16-acre parcel is located within the B1 zoning district and within the ETJ – contiguous to the town limits along NC24.

Action Needed: 1) Hold a public hearing; and 2) Motion to approve Ordinance 2017-O11 annexing tax parcel 1319-61/025739 into the town limits effective November 14, 2017.

VI. Business Non-Consent a. One Harbor Church Lease Considerations - 601 W. Corbett

(Auditorium) and Continued Use of 502 Church St.) J. Scott Chase, AICP The Town has been approached by One Harbor Church to Town Manager lease on Sundays only, the auditorium located in Town Hall at 601 W. Corbett Avenue. The amended/new lease will also include the continued use of Old Town Hall as presently occupied by One Harbor Church. The lease terms will include a 2-year term for both facilities (January 2018 – January 2020).

Action Needed: Upon receiving additional Board input, recommendation and direction, staff will work with the Town Attorney and lessee on formalizing lease agreement for the Board’s consideration in January 2018

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b. Dog Park Policies and Town Code of Ordinances Amendment Brittany Shipp, Parks & Rec Director In an attempt to update the Town Code of Ordinances to reflect the procedures of the Town, there are a variety of recommendations being presented by Staff in regard to dogs and leash requirements. Additionally, staff is providing draft versions of the rules and regulations that will govern the dog park as well as the registration form that will be utilized.

Action Needed: 1. Provide additional input to staff regarding rules and regulations for the Dog Park. 2. Motion to adopt Ordinance 2017-O12 amending the Town Code of Ordinances clarifying leash requirements. 3. Motion to add the Dog Park Fees to the FY 17/18 Fee Schedule.

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 Report/Comments J. Scott Chase, AICP Town Manager

X. Board Comments Board

XI. Closed Session Board Action Needed: Motion to enter Closed Session pursuant to GS 143-318.11 (a)(2) to review applications for the annual Sam Bland Award.

XII. Adjournment Board

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Town of Swansboro

Board of Commissioners

October 10, 2017 Regular Meeting Minutes

In attendance: Mayor Scott Chadwick, Mayor Pro Tem Phil Keagy, Commissioner Pat

Turner, Commissioner Roy Herrick, Commissioner John Lister, and Commissioner

Frank Tursi.

Call to Order and Opening Prayer

The meeting was called to order at 6:00 pm. Mayor Chadwick led the pledge of

allegiance and gave the invocation.

Public Comment

Citizens were offered an opportunity to address the Board regarding items listed on the

agenda.

Maureen Wells of River Reach shared disappointment in the amount of development

that had taken place since she moved to Swansboro and urged the Board to carefully

consider the projects seeking approval. She asked the Board to be mindful not to allow

development to become the priority of the Town.

Cecil and Annette Hargett of Vista Drive, owners of one of the parcels under question

for re-zoning, stating that they purchased the parcel hoping to rezone it commercial for

better land uses. They assured the Board they would not develop the parcel with a use

that would add additional traffic onto Queens Creek Road.

Constance Proper of Jones Road was concerned regarding the rezoning and additional

traffic. Ms. Proper felt that the Town limit line was creeping down Queens Creek Road

and she did not want to be in the Town Limits.

Junior Freeman of Harborview Drive represented the property owners requesting

rezoning. He shared that the owners had not settled on any specific commercial uses,

but believed that commercial uses, whether B1 or O/I would be a better land use for the

future. He noted that modular homes could be built on the property as could single

family dwellings now. Mr. Freeman further informed that he lived and worked in

Swansboro and would not do anything to change the character of the Town.

Mark Griffith of Pickett Court moved to Swansboro for its character and was fearful of

all the recent development. Queens Creek Road was already over-burdened in his

opinion as most of the roads in Swansboro were.

Laurent Meilleur of River Reach was opposed to O/I zoning for the properties and

encouraged the Board to follow its own process. If the owners wanted O/I they should

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have applied for O/I, but instead applied for B1, which the Planning Board did not

recommend. He felt the owners should have to re-apply for O/I and go through the

planning board process first.

Kathy Fulcher of Manor Lane was concerned with changing rules and compromising

ordinances to allow everyone to develop as they pleased. Traffic was inevitable and

problematic. We need businesses that offer jobs for young people. Ms. Fulcher did not

believe the request should be denied solely on the traffic we feel an unknown

development may create.

Andrew Miller of Clearblue Lane (2017 Mayoral candidate), did not feel that proper

facts had been presented during the last meeting and that the meeting order had not

been maintained and in fact chaotic. He shared his views on being pro-business/pro-

growth so long as it was sustainable and if the process in which approval was granted

was handled without discretion and special treatment. He further stated … “that the

duty of this board that night was to make a motion, amend, or reject the request

entirely. If the amendment, or in this case the arbitrary omission of O/I were proposed

for this project, I fail to see how it would pass tonight. There were no facts to convince

me that the … unanimous decision by the planning board should be disregarded in

such a way that we now find ourselves facing the same issues, with potentially the same

exact vote and yet have a different outcome.”

Adoption of Agenda and Consent Items

On a motion by Commissioner Turner, seconded by Commissioner Tursi, the revised

Agenda and Consent Items below were approved by unanimous vote.

a. Meeting Minutes

August 8, 2017 Regular Meeting Minutes

August 22, 2017 Regular Meeting Minutes

September 12, 2017 Regular Meeting Minutes

b. Tax Refunds

The Onslow County Tax Collector recommended refunds totaling $115.82.

Tax & Tag – Motor Vehicle (per the NC Department of Motor Vehicles)

Thompson, John Alan $84.77 Out of State Cole

Peter Mathew $11.90 Due to Military

Ponessa, Gail Owens $19.15 Over Assessment

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Old Business

a. Emerald Coast, Inc. Rezoning Request (2nd Reading)

A public hearing was held on September 12, 2017 to consider the rezoning of three

parcels located on Queen Creek Road from R20 (Single Family) to B-1 (Business). The

parcels were further identified as 140 Queens Creek Road containing 0.49 acres (tax

parcel 1313-88), 144 Queens Creek Road containing one acre (tax parcel ID 1313-87) and

150 Queens Creek Road containing 6.35 acres (tax parcel ID 1313-85) the total acreage

requested for rezoning is +/- 7.84 acres.

During the hearing, staff had recommended that O/I zoning was similar to B1 zoning

and more consistent with the surrounding area than B1 zoning. Clarification was given

by Attorney Parson that O/I zoning could be considered without further notice since the

zoning was not more restrictive than B1. The vote to rezone the parcels to O/I failed on

its first reading, lacking the 2/3 required vote to approve. Attorney Parson explained at

that meeting that a second reading would be required but only a simple majority vote to

approve O/I zoning (at a future meeting) would be required.

There were no comments and no motion made, therefore the property zoning would

remain R20 (Single Family).

Public Comments

Citizens were offered an opportunity to address the Board regarding items not listed on

the agenda.

Kathy Fulcher of Manor Lane recognized Brittany Shipp, Parks and Recreation Director

who had done a great job with the recent NC Cycle from the Mountains to the Coast.

She shared concern regarding the Board comments on the loss of revenue for the Slide

the City Event. The revenue from the event sales was not the only dollars spent in

Town that day. She commended Brittany on a job well done.

Manager’s Comments

Manager Chase shared two designs for the proposed wayfinding signs and their

proposed locations/highlighted points of interest. Board members were supportive of

either design allowing the final design to be made by staff. Manager Chase hoped that

once the wayfinding signs were installed, NCDOT would remove some of the

identification blades scattered throughout town. He expected the signs to take about a

month or so once the design was submitted to the manufacturer.

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Fred Schachter of 148 Smallwood Road in Hubert and Chamber of Commerce member,

asked if it was possible to have wayfinding signs added in the downtown area.

Manager Chase indicated that it was possible depending on funding available.

Brittany Shipp reported on the recent Cycle NC Event. Although final numbers were

still being tallied, estimates suggested that 965 riders participated in the bike ride from

West Jefferson NC to Swansboro. Thirty different states were represented, 250 campers

stayed overnight at the Municipal Park and some stayed in local hotels. Businesses

were very complimentary of event.

Mullet Festival (October 14 & 15) – A park and ride shuttle would be available from

Ward Farm off Old Hammock Road. For additional security, downtown road

barricades would have water added to them at specific locations. On Thursday, the

Seaside Arts Council would host the “Sauce Boss” at the downtown pavilion to kick off

the weekend. On Friday, a “Blessing of the Fleet” would take place. The parade would

be held along NC24 beginning at 9:00am Saturday morning.

The annual Halloweenie Roast was scheduled for October 27 downtown.

Manager Chase would be out of town for the October 24 meeting. Unless objections

were heard, the meeting would be cancelled.

The Fire Department Sleeping Quarters Open House and Wet Down Ceremony for the

new fire truck would be held on October 28th from 10am – 5pm. The actual Wet Down

Ceremony would be at 3pm.

Board Comments

Commissioner Lister felt the staff had done a great job on NC Cycle event.

Commissioner Turner shared that she had served as a planning board member for more

than 15 years and agreed that the Planning Board process should not be bypassed.

After hearing the comments given tonight, this was the reason for her change in vote on

the rezoning matter. She encouraged more education for the public on the proper

processes for re-zonings, special uses, etc.

Commissioner Tursi informed that he arrived back in town just in time for the Cycle

NC event. Having visited many small towns in the recent month while traveling, he

shared that there was no place like the BORO!

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Mayor Chadwick noted that it was not the Board’s practice to respond or comment on

the public comments made during the public comment periods, however, comments

made regarding the Board’s actions last month needed clarification. He shared that the

Planning Board was an advisory recommending board that may have differing opinions

than that of the Board of Commissioners. He disagreed with the comments made that

facts were not provided and the last meeting had not been managed properly. The

Board of Commissioners won’t always vote with the recommendation of its advisory

boards.

Closed Session

On a motion by Mayor Pro Tem Keagy, seconded by Commissioner Tursi, the Board

entered closed session at 7:10 pm pursuant to NCGS 143-318.1 (a) (5) to instruct staff on

the negotiating terms of a contract for acquisition of real property. The vote was

unanimous.

The Board re-entered Open Session at 7:20pm.

Mayor Chadwick informed that during closed session, the Board had instructed Staff to

proceed with the purchase offer of $75,000 for 607 W. Corbett Avenue – the purpose of

which would be to construct a 40-space impervious parking lot that would tie into the

Town Hall Campus Project.

On a motion by Mayor Pro Tem Keagy, seconded by Commissioner Tursi, Budget

Amendment 2018-1 was adopted by unanimous vote appropriating $75,000 for the

purchase price and $10,000 for legal/closing fees and costs associated with site

preparations. Staff was authorized to complete the real estate transactions.

Adjournment

The meeting adjourned at 7:25 pm.

Attest: Approved by the Board of Commissioners:

_____________________________ ______________________________________

Paula W. Webb, Town Clerk Scott Chadwick, Mayor

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Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager 11/9/2017 Finance Director 11/9/2017 Town Clerk 11/9/2017 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Tax Refund Board Meeting Date: November 14, 2017 Prepared By: Sonia Johnson, Finance Director Overview: The Onslow County Tax Collector recommends the refund of the below listed taxes. A more detailed list is available in the Finance Office for review. The total refund recommended is $33.79. Tax & Tag – Motor Vehicle (per the NC Department of Motor Vehicles) Kohlmann, Ralph Harold $33.79 Tag Surrender Recommended Action: Motion to approve or deny the above refund

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Reviewed By: Town Manager Finance Director 11/14/17 Town Clerk Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Correction to Ordinance Amendment #7 to the Waterfront Plan Implementation Project and Municipal Park Improvement Project Board Meeting Date: November 14, 2017 Prepared By: Sonia Johnson, Finance Director Overview: Overview:

1. On June 27, 2017, Ordinance Amendment #7 to the Waterfront Plan Implementation was approved, however, the grant awarded through the Connect NC Bond Grant Program was for feature and accessibility enhancements at Municipal Park. Therefore, both the Waterfront Plan Implementation and Municipal Improvement project budgets needs to be amended to reflect decrease/increase to grant revenue of $196,324 and the corresponding decrease/increase to project cost in the amount of $196,324.

Background Attachment(s):

• 1. Ordinance Amendment #7 to the Waterfront Plan Implementation Project • 2. Ordinance Amendment #4 to the Municipal Park Improvement Project

Recommended Action:

• Amend Ordinance Amendment #7 to the Waterfront Plan Implementation Project and Ordinance Amendment #4 to the Municipal Park Improvement Project

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ORDINANCE AMENDMENT #7 TO THE CAPITAL PROJECT BUDGET FOR THE WATERFRONT PLAN IMPLEMENTATION PROJECT

BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro that the capital project budget for the Waterfront Plan Implementation Project is amended as follows: Section 1. The following revenues and appropriations are amended for additional construction costs. Current Budget Change Revised Budget Revenues Transfer from GF Capital Reserve $ 141,000 - $ 141,000 Public Access Grant – CAMA $ 201,791 - $ 201,791 NC Marine Fisheries $ 98,494 - $ 98,494 NC Department of Natural & Cultural Resources $ 196,324 $(196,324) $ - Agency & Tourism Dist.-Onslow County $ 12,183 - $ 12,183 NC Department of Environmental Quality $ 24,750 - $ 24,750 Swansboro Tourism & Development Authority $ 13,000 - $ 13,000 $ 687,542 $(196,324) $ 491,218 Appropriations Project Costs $ 646,542 $(196,324) $450,218 Transfer to Port O’Swannsborough Project $ 41,000 - $ 41,000 $ 687,542 $(196,324) $491,218 Section 2. This ordinance shall be effective upon its adoption. Adopted by the Swansboro Board of Commissioners in regular session, November 14, 2017. _______________________________ Scott Chadwick, Mayor Attest: ______________________________ Paula Webb, Town Clerk

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ORDINANCE AMENDMENT #4 TO THE CAPITAL PROJECT BUDGET FOR THE MUNICIPAL IMPROVEMENTS PROJECT

BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro that the capital project budget for the Waterfront Plan Implementation Project is amended as follows: Section 1. The following revenues and appropriations are amended for additional construction costs. Current Budget Change Revised Budget Revenues Donations-SADF $ 100,000 - $ 100,000 Grant-PARTF $ 500,000 - $ 500,000 Transfers from General Fund $ 110,000 - $ 110,000 Transfers from Park & Rec Capital Reserve $ 319,700 - $ 319,700 NC Department of Natural & Cultural Resources $ - $196,324 $ 196,324 $1,029,700 $196,324 $1,226,024 Appropriations Project Costs $ 1,029,700 $196,324 $1,226,024 Section 2. This ordinance shall be effective upon its adoption. Adopted by the Swansboro Board of Commissioners in regular session, November 14, 2017. _______________________________ Scott Chadwick, Mayor Attest: ______________________________ Paula Webb, Town Clerk

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Reviewed By: Town Manager Finance Director 11/09/2017 Town Clerk Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Budget Amendment #2018-2 Board Meeting Date: November 14, 2017 Prepared By: Sonia Johnson, Finance Director Overview:

1. Police Department –Insurance proceeds of 11,260.80 were received on 10/23/17 for an incident that occurred on 05/26/21017 involving a patrol car.

Source of Funds: Loan Proceeds 2. Parks & Recreation Department-Swansboro TDA awarded the Town $2,000 for Slide

the City and $1,500 towards the dinner for Cycle NC participants. Source of Funds: Grants-Swansboro TDA

3. Parks & Recreation Department-In FY 16/17, Swansboro Area Development Foundation donated $4,500 to the Parks & Recreation for the Dog Park and was transferred to the Capital Reserve account. Requesting to transfer $4,500 to the General Fund for its intended purpose. Source of Funds: Transfer from Capital Reserve

Background Attachment(s): 1. Budget Ordinance Amendment #2018-2

Recommended Action: Motion to approve Budget Ordinance Amendment #2018-2

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AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FY 17/18

BUDGET ORDINANCE AMENDMENT #2018-2

BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro that the following amendment be made to the annual budget ordinance for fiscal year ending June 30, 2018: Section 1. To amend the General Fund budget, the following changes are to be made: Increase Appropriations Police Department $11,260.80 Parks & Recreation Department $ 8,000.00 Revenues Insurance Proceeds $11,260.80 Grants-Swansboro TDA $ 3,500.00 Transfer from Capital Reserve $ 4,500.00

Section 2. To amend the Capital Reserve Fund budget, the following changes are to be made: Transfer to General Fund (Dog Park) $ 4,500.00 Section 3. Copies of this budget amendment shall be furnished to the Town Clerk, the Budget Officer, and the Finance Director, to carry out their duties. Adopted by the Board of Commissioners in regular session, November 14, 2017 ____________________________ Scott Chadwick, Mayor Attest: ________________________ Paula Webb, Town Clerk

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Reviewed By: Town Manager Finance Director Town Clerk 11.7.2017 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: 63rd Annual Mullet Festival Volunteer Appreciation

Board Meeting Date: November 14, 2017

Prepared By: Brittany Shipp, Parks & Recration Director Overview: Swansboro Parks and Recreation would like to extend the utmost gratitude to all the individuals and organizations who shared their time to support the 63rd Annual Swansboro Mullet Festival. Various individuals and organizations contributed their weekend to assisting with the festivities throughout Swansboro. Thank you to the business owners and residents of downtown for the continued patience and support of events like the Mullet Festival. A special thank you is extended to the Swansboro Festival Committee for their continued hard work in planning and preparing for the events provided over the weekend.

Individuals and Organizations:

• Swansboro Festival Committee o Kathy Zuccarelli o Deb Pylypiw o Nancee Allen o Jo Barrow o Jennifer Pearce o Margo Hickman o Martha Tarwater

• Downtown Residents and Merchants • Casper’s Marina (Blessing of the Fleet) • Parade Volunteers

o Committee Members Paula Webb Alissa Fender Sonia Johnson Jennifer Pearce Jamie Dunn

o Mayor Scott Chadwick o Town Manager Scott Chase o Mary Rawls o John Stanley o Wendy’s/Speedway o Swansboro Elementary School o McDonald’s o Jordan’s Smokehouse

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o Swansboro First Baptist Church o Nationwide Insurance

• One Harbor Church o Brent Riggs o Anastasia Hastie o Doris Marks o Jim Rockenhauser o Bryan Piner o Mari Kelley o Alan Brundage o Caroline Ward o Kirstin Tyler o Doug and Ashley Tyler o Mr. and Mrs. Tom Tapping o LeeAnne and Alfi Sinnott o Mr. and Mrs. Stephen Svetlovics o Spencer Shirk o Jackie Pettra

• Additional Volunteers o Zan Sawyer o Daniel Jones o Melonie Marie o Donna Hammonds o Kevin Harper o Jim Poteet o Christopher Fickey o Amber Edwards o Charkesia Bell o Andrea Conoarellano o Michael Fontanilla o Pam Philpott o Corey Goolsby o Andre Jackson

• Swansboro EMS o Tim Labossiere o Tim Moore o Hope Wilson o Ryan Lisec o Adam Herring o Wesley Ellis o Amy Hill o Branden Kear o Jeremiah Stecklein o Jamie Winston o Patrick Bolger o Holly Baxter o Kevin Thomas o Kristin Porter o Jim Metro o Lindsey Hayslip o Matthew Hayslip

• Volunteers and staff from Swansboro Fire Department • Swansboro Public Works Department • Swansboro Police Department • Swansboro Parks and Recreation Department

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Reviewed By: Town Manager 10.30.17 Finance Director Town Clerk 10.26.17 Town Attorney 10.26.17 Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Petition for Voluntary Annexation-ABC Store/1055W. Corbett Avenue Board Meeting Date: November 14, 2017 Prepared By: Paula Webb – Town Clerk/Admin Services Director Overview: The Onslow County Alcoholic Beverage Control Board has petitioned to voluntary annex 1055 W. Corbett Avenue (tax parcel 1319-61/025739), where a new ABC Store will be constructed. The 3.16-acre parcel is located within the B1 zoning district and within the ETJ – contiguous to the town limits along NC24. A Special Use Permit was issued for the new ABC Store in October of 2016. Onslow County ABC Store properties are exempt from paying property taxes, but revenue distribution (i.e. profit sharing) from the sale of alcoholic beverages are distributed to the Town. Police patrol is already occurring along W. Corbett Avenue/NC24. The Police Department has for many years provided nightly closing security and in conjunction with the Fire Department responds to any emergency. However, final police authority remains with the Onslow County Sherriff’s Department. The new ABC Store location is located within the secondary fire district. Traffic impact along NC24 should not increase nor is there an expected increase in calls for service. Sidewalks will be required along the highway frontage closing some of the gap existing on the south side of NC24 (see attached map). It should be noted that annexation of the parcel would close a gap in the town limits on the south side of W. Corbett Avenue/NC24. If annexation does not occur, the Stormwater Fee would not be applicable to this parcel. The anticipated revenues (regardless of annexation) include:

• Permit revenues estimate (one-time) $5600. • FY 17/18 estimated ABC revenue (profit sharing) $39,000

Revenue if Annexed • Estimated Stormwater Fee $417.07 (Fee at current location in the Town Limits $250.35)

In accordance with Board Policies 9&10, the petition has been investigated and a public hearing scheduled for November 14th, 2017. The petition meets the requirements of law. Action Needed: 1) Hold a public hearing; and 2) Motion to approve Ordinance 2017-O11 annexing tax parcel 1319-61/025739 into the town limits effective November 14, 2017. Attachments: Ordinance 2017-O11, Petition for Annexation, Sidewalk Map

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TOWN OF SWANSBORO ORDINANCE 2017-O11

Petition for Voluntary Annexation Onslow County Alcoholic Beverage Control Board

Tax Parcel 1319-61 (025739)

WHEREAS, the Board of Commissioners has been petitioned under G.S. 160A-31 to annex the area described below; and

WHEREAS, the Board of Commissioners has by policy directed the Town Clerk to investigate the sufficiency of the petition; and

WHEREAS, the Town Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the Town Hall Community Room at 6:00 pm on November 14, 2017 after due notice by the Carteret News Times/Tideland News on November 1, 2017; and

WHEREAS, the Board of Commissioners finds that the petition meets the requirements of G.S.160A-31 (b) as it has been signed by all owners of real property (or those authorized to do so) in the area who are required by law to sign; and

NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the Town of Swansboro, as of November 14th, 2017.

Being that entire 3.16 acre tract as shown on plat entitled, “Boundary & Partial Topographic Survey for Onslow County ABC Board”, recorded in Map Book 25, Page 4 Onslow County Registry.

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Section 2. Upon and after November 14, 2017, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Swansboro and shall be entitled to the same privileges and benefits as other parts of the Town of Swansboro. Section 3. The Mayor of the Town of Swansboro shall cause to be recorded in the office of the Register of Deeds of Onslow County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed of the annexed territory described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Onslow County Board of Elections, as required by G.S. 163-288.1. Adopted this 14th day November 2017.

______________________________ Scott Chadwick, Mayor Attest: _____________________________ Paula W. Webb, Town Clerk

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SIDEWALK MAP

LEGEND

EXISTING OR PROGRAMMED SIDEWALKS

NEEDED SIDEWALKS

ROADS

ETJ

CITY LIMITS

PROPERTY LINES

ABC

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Reviewed By: Town Manager 11.8.2017 Finance Director Town Clerk 11.8.2017 Town Attorney 11.9.2017 Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Dog Park Policies and Ordinance Amendment Board Meeting Date: November 14, 2017 Prepared By: Brittany Shipp, Parks & Recration Director and Paula W. Webb, Town Clerk/Admin Services Director Overview: In an attempt to update the Town Code of Ordinances to reflect the procedures of the Town, there are a variety of recommendations being presented by Staff in regard to dogs and leash requirements.

Additionally, staff is providing draft versions of the rules and regulations that will govern the dog park as well as the registration form that will be utilized.

Background Attachment(s):

1. Draft Policies and Registration Forms for Dog Park 2. Proposed Ordinance 2017-O12 and Fee Schedule additions

Recommended Action:

1. Provide additional input to staff regarding rules and regulations for the Dog Park 2. Motion to adopt Ordinance 2017-O12 amending the Town Code of Ordinances clarifying

leash requirements. 3. Motion to add the Dog Park Fees to the FY 17/18 Fee Schedule

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AN ORDINANCE AMENDING THE SWANSBORO TOWN CODE OF ORDINANCES TO CLARIFY WHEN LEASHES ARE REQUIRED FOR PETS AND RUNNING AT

LARGE

(2017-O12)

THE BOARD OF COMMISSIONERS OF THE TOWN OF SWANSABORO ORDAINS:

Section 1. “That the following sections of the Code of Ordinances, Town of Swansboro, North Carolina, are hereby amended to read as follows:

§ 90.02 ANIMALS AT LARGE .

No horses, goats, cattle, chickens, or other animals, shall be permitted to run at large within the town limits unless otherwise allowed in areas designated by the Town. All animals unless claimed within four days shall be disposed of as the town shall deem best.

§ 90.23 RUNNING AT LARGE .

(A) No owner shall allow his dog to run at large in the town unaccompanied by the owner or by some member of the owner's family or some other person by the owner's permission, unless otherwise allowed in areas designated by the Town.

(B) Duties of the owner to control the animal(s) shall include:

(1) All animals within the city shall remain under the immediate control of their owner or keeper, unless otherwise allowed in areas designated by the Town. For the purpose of this section, immediate control by owner or keeper shall be construed to mean:

(a) Restrained upon or within the property of the owner or keeper of the animal either by being tied, chained, within the confines of a fence designed to restrain the animal, or within an electronically operated fence sufficient to restrain the animal upon the property.

(b) While being walked or exercised off the premises or property of the owner or keeper, the animal must be restrained by a leash connected to a collar or harness, sufficient to restrain the animal from breaking loose unless otherwise allowed in areas designated by the Town.

(C) Cats shall be exempt from this section.

§ 94.02 PARK USE REGULATIONS.

(B) Animals. No person shall bring dogs or other pets into parks, unless such pets are (a) kept on leashes and under restraint by their owners or handlers, (b) kept in carriers, or (c) kept in owners’ vehicles. Dogs are to be kept leashed until entering the transition zone of the dog park. Pet owners must collect and properly dispose of any waste from their pets. No person shall bring pets, other than service dogs trained to assist disabled persons, into park buildings, including restrooms. No animal, wild or domestic, shall be harassed or molested by people or pets while on park property.

§ 96.01 REGULATIONS AT CHURCH STREET DOCK.

(I) Pets shall be leashed at all times while on the town dock and other town property, unless otherwise allowed in areas designated by the Town.

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Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed.

Section 3. This ordinance shall become effective upon adoption.

Adopted this 14th day of November 2017.

______________________________

Scott Chadwick, Mayor

Attest:

______________________________

Paula W. Webb, Town Clerk

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PARK FACILITIES FEES

Facility In-Town Resident Out-of-Town Resident

Municipal Park

Municipal Park Tennis Courts $10/hour $15/hour Municipal Park Basketball Courts $10/hour $15/hour

Municipal Park Large Picnic Shelter $15/hour $25/hour Municipal Park Medium Picnic Shelter $10/hour $15/hour

Municipal Park Concession Stand $15/hour $25/hour Municipal Park Athletic Fields $20/hour $30/ hour

Riverview Park

Riverview Park Small Picnic Shelter $10/hr $15/hr Riverview Park Large Covered Deck $25/hour $40/hour

Downtown Pavilion

Downtown Park Bandstand/Pavilion (2 hour minimum required) $50/hour $75/hour

Pirates Den Park

Pirates Den Park Large Picnic Shelter $15/hour $25/hour

Pineland Park

Pineland Park Picnic Shelter $15/hour $25/hour

Parks Open Space/Church Street Gazebo Usage Permit $25 $40

Permit with Reservation

Any item being brought into the park $10 $15 (i.e: additional grill, tent, inflatable, DJ)

Ice with Reservation $5 $5

Town Dock at Church Street $1.50 per ft./per night $5 Power $5/Pump out

Special Event Permit $100

Dog Park Registration

Resident 1st Dog $10/year Additional Dog $5 per additional dog Non-Resident 1st Dog $25/year Additional Dog $15 per additional dog

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Swansboro Parks and Recreation

Dog Park Registration

Phone: 910-326-2600

If registering more than two dogs per household, please submit a second application.

New Member Renewal Date of Registration __________

Dog Owner Information:

Name: ___________________________________________ DOB: _____________

Home Phone: __________________ Cell Phone: ____________________ Email: _____________________

Address: ________________________________________ City: ___________________ Zip: ___________

Emergency Contact Name: _________________________ Phone: _________________________

Dog Information:

Dog Name: ___________________ Dog Name: _______________________

Breed: _______________________ Breed: __________________________

Color: ______________ Male/Female Color: _____________ Male/Female

Weight: ___________ Weight: ___________

I have read and understand the Dog Park rules and policies. (initials) ________ (date) _______

I have read and understand the liability waiver on reverse side. (initials _______(date) _______

Dog Park Fees:

Resident 1st Dog $10/year Additional Dog $5 per additional dog

Non-Resident 1st Dog $25/year Additional Dog $15 per additional dog

Total Amount Due: ____________

FOR OFFICE USE ONLY

Payment Type: ___________ RecDesk Payment ID: _________ Taken by: ______ on _________

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Liability Waiver

You are solely responsible for supervising your dog(s) and determining whether or not this is an appropriate

activity in which to participate. You must understand that you are participating in this activity at your own risk

(and risk of your dog(s)). You are solely responsible for determining if you and/or your dog(s) are physically

(or temperamentally) fit and/or adequately skilled to use the dog park. It is always advisable, especially if you

or your dog(s) is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a

physician or veterinarian before using the dog park.

WARNING OF RISK

Dog activities are intended to provide a fun and rewarding experience for a dog(s) and its owner. However,

despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a

risk of serious injury, including death to either the dog(s) or its owner. Dogs are pack animals and when “off

leash”, even the best-trained dogs will act instinctively. Understandably, not all hazards and dangers associated

with dog activities can be foreseen. Certain inherent risks include the propensity of any dog to behave in

dangerous ways that may result in injury to another patron or dog(s). Other risks include, but are not limited to

the inexperience, negligence or irresponsibility of a dog owner; the inability to predict a dog’s reaction to

sound, movements, objects, persons, or other animals; and actions by the dog(s) due to fright, anger, stress,

insect bites, or natural reactions such as jumping, pulling, resisting and biting. Other risks include the hazards

associated with environmental and traffic conditions, acts of God, inclement weather, slipping, falling, premises

defects, failure in instruction and or supervision, and all other circumstances inherent to dog and outdoor

activities. Should you attempt to break up a fight between dogs, you may be attacked and severely mauled by

the other dog(s) or even attacked by the other patron. In this regard, it must be recognized that it is impossible

for Swansboro Parks and Recreation to guarantee absolute safety.

WAIVER & RELEASE OF ALL CLAIMS AND INDEMNIFICATION AGREEMENT

Please read this form carefully and be aware that in consideration for permission to use this facility, you will be

expressly assuming the risk and legal liability and WAIVING and RELEASING all claims for injuries, damages

or loss which you or your dog(s) might sustain as a result of participating in any and all activities connected

with and associated with presence upon and use of the dog park.

I recognize and acknowledge that there are certain risks of physical injury to the dog(s) and its owner in

association with participating in dog activities, and I voluntarily agree to abide by all applicable rules and

assume the full risk of any injuries, damages or loss, regardless of severity, that I might sustain as a result of

participating in any and all activities connected with or associated with use of the dog park. I do hereby agree to

waive, relinquish, release and forever discharge the Town of Swansboro and the Swansboro Parks and

Recreation Department including its officials, agents, volunteers and employees from any and all claims for

injuries, damages or loss that I may have or which may accrue to me and arising out of, connected with, or in

any way associated with the use of this facility or surrounding area. I further agree to INDEMNIFY and hold

harmless and defend the Town of Swansboro and Swansboro Parks and Recreation Department from and

against any and all losses, injuries, claims, damages, liabilities, cause of actions, and expenses (including

attorney fees), on account of personal injuries or death to any person or dog(s), or damages to property

occurring, growing out of, incident to, or resulting directly or indirectly from my and my dog’s use of this

facility or surrounding area. I have read and fully understand the above important information, warning of risk,

assumption of risk and waiver and release of all claims.

Printed Name: ___________________________________ Phone: ___________________________

Signature: _______________________________________ Date: _____________________________

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Swansboro Dog Park

Rules and Regulations

1. The dog park will operate on the same hours as Swansboro Municipal Park, dusk to

dawn.

2. The dog park is for use by dogs only.

3. All dogs must be registered with Swansboro Parks and Recreation prior to entering the

park.

4. Dogs must be healthy, parasite free and displaying proper up to date rabies tags.

5. Female dogs in any stage of heat are not permitted in the dog park.

6. No puppies under the age of 5 months of age are allow in the dog park. Puppies are not

fully vaccinated and are vulnerable to disease and injury.

7. Dogs are to be kept leashed until entering the transition zone of the dog park.

8. Owners must clean up after their dogs.

9. Aggressive dogs are not allowed in the dog park. Dogs exhibiting aggressive behavior

are to be immediately removed from the park. An aggressive dog is defined as any dog

that is determined to pose a threat to dogs or people by virtue of a single incident or

history of unprovoked acts of aggression against people or animals.

10. No food, treats or toys of any kind are allowed inside the dog park, including people

food.

11. Use of the dog park for unintended use is prohibited.

12. Commercial use of the dog park is not allowed unless previous approval or partnership

has been secured with the Swansboro Parks and Recreation department.

13. Owner(s) must supervise their dogs closely, and cannot leave the dog park without their

dog(s).

14. Users of the dog park assume all risk of injury to themselves, to others and their dogs.

For more information please contact

Swansboro Parks and Recreation at 910-326-2600

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Reviewed By: Town Manager 11.9.2017 Finance Director 11.9.2017 Town Clerk 11.9.2017 Town Attorney 11.9.2017 Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Review of lease considerations for One Harbor Church (Multi-facility Lease Agreement - 601 W. Corbett (Town Hall Auditorium) and Continued use of Old Town Hall – 502 Church St.)

Board Meeting Date: November 14, 2017

Prepared By: J. Scott Chase, AICP – Town Manager Overview: The Town has been approached by One Harbor Church to lease on Sundays only, the auditorium located in Town Hall at 601 W. Corbett Avenue. The amended/new lease will also include the continued use of Old Town Hall as presently occupied by One Harbor Church. The lease terms will include a 2-year term for both facilities (January 2018 – January 2020). The purpose of this review is to gauge the Board’s interest in pursuing an official lease beginning January 2018. Additions to the lease may be determined at this meeting and be included for consideration in the new or amended lease. In summary the preliminary proposal is as follows:

• $1.35/SF + utilities for 52 Sundays = $36,357.12/year = $72,714 (2-year term) • One Harbor fully furnishes the town (all video, audio equipment to remain in town hall auditiorium

– 601 W. Corbett Avenue plus upgrades to facility = $40,000 • After improvements as described above, the town receives total net revenue of $32,714 • Estimated completion time for installation (equipment) and renovation to 601 W. Corbett is 2

months Recommended Action: Upon receiving additional Board input, recommendation and direction, staff will work with Town Attorney and lessee on formalizing lease agreement for the Board’s consideration in January 2018

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agenda 2 october 10, 2017 meeting minutes october 10, 2017...

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