i i. meeting called to order i - town of cape carteret...2018/02/12 · i. ii. iii. iv. v. town of...

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TOWN OF CAPE CARTERET BOARD OF COMMISSIONERS REGULAR MEETING AGENDA

DEBBIE E. STANLEY BOARDROOM FEBRUARY 12, 2018 I 6:00 P.M.

Meeting Called to Order I Moment of Silence I Invocation

Pledge of Allegiance

Conflict oflnterest I Cell Phone Statement

Adoption of the Agenda

Consent Agenda a. Approval of January 2018 Minutes

VI. Public Comment (3 Minute Time Limit)

VII. Planning Board & Special Events Committee Appointments

VIII. Scheduling of February Budget Workshop

IX. Approval of Police Chief Advertisement

X. Discussion of Take Home Vehicle Policy

XI. Approval of Cell Phone and Social Media Policy

XII. Discussion of Updates to Town Copyrights

XIII. Updates/Reports from Staff and Board a. Town Administrator's Report b. Town Clerk's Report c. Interim Police Chiefs Report d. Public Works Supervisor's Report e. Finance Officer's Report f. Commissioner Reports g. Mayor's Report

XIV. Closed Session Pursuantto N.C.G.S.143-318.11 (a) (6). Personnel

XV. Closed Session Pursuantto N.C.G.S. 143-318.11 (a) (5) Property Acquisition

XVI. Adjournment

Mayor Fowler

Mayor Fowler

Mayor Fowler

Board

Board

Board

Zachary Steffey

Zachary Steffey

Zachary Steffey

Zachary Steffey

Commissioner Truax

Board

Board

Board

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CAPE CARTERET AGENDA ITEM # BOARD OF COMMISSIONERS Consent Regular

L. MEETING DATE: February 12, 2018

NAME OF ITEM: Meeting Called to Order I Moment of Silence I Invocation

BACKGROUND INFORMATION TO INCLUDE PRIMARY ISSUES AND FINANCIAL IMPACT:

Please participate in a moment of silence for Robert Snyder and Linda Mooring.

REQUESTED ACTION. IF NECESSARY (PROPOSED MOTION): (If the Board desires to approve the recommendation regarding this agenda item, the following motion would be in order.)

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II. MEETING DATE: February 12, 2018

NAME OF ITEM: Pledge of Allegiance

AGENDA ITEM SUBMITTED BY: N/ A


N/A


N/A

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III. MEETING DATE: February 12, 2018

NAME OF ITEM: Conflict oflnterest/Cell Phone Statement

AGENDA ITEM SUBMITTED BY: Mayor Fowler


Mayor Fowler will call for any conflicts of interest, based on the following statement:

"In accordance with the State Government Ethics Act, it is the duty of every Board member to avoid both conflicts of interest and appearances of conflict. Does any board member have any known conflict of interest or appearance of conflict with respect to any matter coming before the Board this evening? If so, please identify the conflict and refrain from any undue participation in the particular matter involved."

Mayor Fowler will also remind everyone to turn off their cell phones.

REQUESTED ACTION. IF NECESSARY (PROPOSED MOTION}:

If a Commissioner has a conflict of interest with any agenda item, they will make it known at this time. If so, the Board will need to vote to allow a Commissioner to recuse himself from voting on a particular matter.

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CAPE CARTERET AGENDA ITEM #

BOARD OF COMMISSIONERS Consent Regular

IV. MEETING DATE: February 12, 2018

NAME OF ITEM: Adoption of the Agenda


Motion to adopt the agenda as presented (or as amended).

Capef Carteret ~dtt~~~

CAPE CARTERET BOARD OF COMMISSIONERS

MEETING DATE:

NAME OF ITEM:

February 12, 2018

Consent Agenda

AGENDA ITEM SUBMITTED BY: Various Departments

AGENDA ITEM #

Consent Regular

V.


See attached background information from various individuals relating to the consent agenda items.


Motion to approve the consent agenda as presented ( or amended)

TOWN OF CAPE CARTERET BOARD OF COMMISSIONERS

REGULAR MEETING MINUTES DEBBIE E. STANLEY BOARDROOM

JANUARY 8, 2018 I 6:00 P.M.

I. Meeting Called to Order I Moment of Silence I Invocation

Mayor Fowler called the meeting to order at 6:00 p.m. in the Debbie E. Stanley Boardroom. All Board members were present along with 22 citizens. Staff present included Zachary Steffey, Ashleigh Huffman, Heather Leffingwell, Sandy Favreau and Danny Taylor.

Commissioner Evans led the invocation.

Mayor Fowler asked for everyone to remain standing for a moment of silence for Bernard McLawhorn.

II. Pledge of Allegiance

Commissioner Truax led the Pledge of Allegiance.

Ill. Conflict of Interest I Cell Phone Statement

Mayor Fowler called for conflicts of interest from the Board. Hearing none, he asked those present to turn off their cell phones.

IV. Adoption of the Agenda

Mayor Fowler proposed two amendments to the agenda including the addition of a closed session relating to our real estate, 143-311.18 (a) (5). He also asked for the addition ofa follow-up agenda item if needed related to town manager, depending on the results of the charter change, to hire or promote a town manager.

Commissioner Truax moved to approve the agenda as amended. The motion was seconded by Commissioner King. Motion carried 5-0.

V. Consent Agenda a. Approval of December 2017 Minutes

Commissioner Miller moved to approve the consent agenda as presented. The motion was seconded by Commissioner Evans. Motion carried 5-0.

V. Public Comment (3 Minute Time Limit)

Nick and Nicolina Secchi, residents of 100 Sutton Drive, wished to speak together. Mr. Secchi said that on August 31st I looked at the Chief, he was sitting right there in that corner, and he looked the District Attorney right in the eye and told him it didn't happen on the golf course. Is everybody listening to that? Mrs. McWilliams herself. I said that for a reason. He said no let me tell you how the criminal side turned out. Nicolina, read where he manufactured the law. Ms. Secchi said Chief Rivera informed Mr. Secchi of and provided

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him with a copy of town ordinances relevant to the keeping of dogs unleashed on his property. Mr. Secchi said keeping of dogs unleashed on his property. There is no such law, we looked endlessly, nothing supported it. He said be mindful now he was brought through this court, ok, don't ask me why, the Mayor and several other people, pivotal people, didn't know that the Kangaroo court that took place with the three stooges took place. That's my opinion how it went. I didn't come with a lawyer because I was laying the ground work of my civil suit. Nicolina, read the provision that excludes me from being indicted of criminal misdemeanor. Read it slowly, start with the provision, nice and slow, I want everyone to hear clearly. Ms. Secchi said the provisions of this article do not apply to a dog where the injury inflicted by the dog was sustained by a person who at the time of injury was committing a willful trespass or other tort. Mr. Secchi said Mrs. McWilliams said yes, I indeed was on the golf course, along with the one objective witness. His name is Mr. Hawkins. Mr. Hawkins says in his report 3 people and 3 dogs on the golf course (Star Hill property). Read the provision of that law, one more time, because it is right before they convened and put their kangaroo court together. I didn't meet the provision I was excluded from based on the law. Read it one more time. I want this to stick and then I am going to tell everybody what Mr. Rivera did. Ms. Secchi said a dog where the injury inflicted by the dog was sustained by a person who at the time of the injury was committing willful trespass or other tort. Mr. Secchi asked Nicolina to read the HOA covenant. Nicolina said the owners of the golf course do not allow anyone to walk dogs or other pets or ride bicycles or to walk or jog or use private golf carts on the cart paths or be on the golf course for any reason other than playing golf course after checking into the pro shop or using other facilities of Star Hill. Mr. Secchi said did everybody get that? No trespassing on the golf course. That is trespassing if you are doing anything but playing golf on the golf course. So, you guys, in spite of the provision, went ahead and had your little kangaroo court. I'm glad I didn't come with a lawyer. It just strengthens and solidifies my civil suit against this Town. Now I will talk about what Mr. Rivera did. I am going to show malice, intent, and a total disregard, or reckless disregard, for the law.

The three-minute timer went off.

Mr. Secchi asked for one more minute because there is no way three minutes went by. Mayor Fowler asked the Board, and they obliged.

Mr. Secchi continued: so basically, your Chief Rivera knew, when I threw out the bait, he took the bait hook, line, and sinker. What did he do? He knew I knew the law, so he went back to the drawing board, and he conjured up complete, new criminal charges. What do you think the District Attorney said? He went like this, Mr. Rivera, sorry, oh no, no, no. And by the way here is how he showed up to court. So, you know, I showed up with four witnesses, documentation, pictures, photo, he showed up with zero, zero: zero witnesses, not even a fraction of a witness, zero documentation to corroborate anything in his report, zero. I mean zero. That is almost embarrassing to the town, think about it. He has done everything he could, ok, to hit me with criminal charges. You name it and he has done it. When he came to his house, I just want to tell you, ten days in the neighborhood, ten days, I come out one day and he walks up to me and says to me, where is your pit bulls? I said

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excuse me. He said you heard me, where is your pit bulls? I said what is this about, he went just like this (banging his chest).

Commissioner Truax said sir, please step behind the podium.

Mayor Fowler asked Mr. Secchi for a closing comment because his minute was up.

Mr. Secchi said Chief Rivera did everything he could. He was true to his word, when his last words, he put his fingers in his face. He was true to that word.

Mr. Secchi, said to Attorney Curtis, counselor, I can only believe you were complicit to this because you sat there when this all went down knowing the law. Either you took your eyes off the wheel, or you cosigned it, one or the other, but you are complicit.

Attorney Curtis said you are out of order and your time is up.

Jeffrey Scott, owner of 202 WB McLean Drive, thanked the Board for having him again. He said he doesn't mean to beat a dead horse. He is the owner of Crystal Coast Dentistry and is asking the Board to approve the changes to the sign rules and regulations. He would like to be able to improve his sign to be able to have something comparable to what his neighboring businesses currently have.

Terri Ashby, resident of 109 Dolphin Street, asked if her comments have to be on the agenda because it appears that isn't the case. Mayor Fowler said we need to try to keep comments about items on the agenda.

Terri Ashby asked why is it so important for Cape Carteret to have a Town Manager versus a Town Administrator. What duties will this employee perform that are not being completed, or can be completed, by that employee? The average Town Manager salary in North Carolina is approximately $76,000 per year, which meets the national average. This salary information comes from data points collected directly from employees and uses past and present job advertiser's statistics from indeed.com in past 24 months. Right now Mr. Steffey makes around $60,000, so this is potentially another increase. Yes, he has decided not to take an increase at this time, but if he were to leave and we changed the charter, we will be required by our town charter to hire another town manager. Now you tell me how much we will have to pay the new town manager? She said if we change our town charter this should be brought up in a referendum and the citizens should be able to vote on it. Your guys are cutting our budgets across the board and doing serious harm to our town by dividing it so do not do this without the citizens vote. I plead with you.

Jeff Waters, of 108 Quailwood Circle, said I am not new to Cape Carteret born. I was born and raised here. My family moved here in 1964 and I live in the same house. He is here for some concerns I have. 1 haven't spoken to the officers or the chief of police. Those that know me know I am the retired Chief at Emerald Isle and I was there for 32 years. There are some things I have seen, and I am not here to complain, other than bring understanding to what is going on. I rode by the Police Department and see all police cars sitting by the town, and think oh, no, this is not good. Several things that happen is this send out messages not only

Minutes of January 8, 2018 Page3of14

to town's people thinking where are the officers, why are their cars here. But also, criminals who read the paper and say ooh they aren't out there, and they do what they want to because the response time is low. I don't know what kind of research or information that was received pertaining to what pros and cons for officer's vehicle to be taken away from them and how that will impact them as far as response time, lives, and property safety. It does cut back on response time for them to get back to work As far as if something occurred in the town, we witnessed that personally in 1985 when there was only one officer on duty, I witnessed that myself when First Citizens bank was robbed at gunpoint and when the suspects walked in shooting their gun and an officer from Cape Carteret was in pursuit and the suspects were exiting and firing back. !fit hadn't been for an off-duty officer coming up behind that officer that officer would be dead. Please revisit this area of officers taking home vehicles, do some research see how much the town compare to lives being protected. Again, I have not spoken to the officers, this is hearsay of what I heard, if I'm wrong I'm sorry, and I don't know if this is correct or not. I understand the chief had been put on shift work That concerns me as well. This is not money savings because the officers are being paid to be on the road which would make him go into court taking him away from the office when he could speak to the towns people and be a liaison and a customer service representative for the town. Your police officers are the main people you will see in the town. One last thing. This is about unity and teamwork and communication. It's about the town people and town administration working together and making it all work Thank you.

VI. Public Hearing on Ordinance Section 153.04 Permitted Signs

Mayor Fowler opened the public hearing. Hearing no comments, Commissioner Miller closed the public hearing. The motion was seconded by Commissioner Evans. Motion carried 5-0.

VII. Approval of Ordinance No. 2018-01-01 regarding Permitted Signs

Zachary Steffey several businesses requested a change to this currently businesses must adhere to a 20-foot setback. He said that this pertains to the installation of signage amending 153.04 from 20 feet to 5 feet should eliminate these issues faced for free standing signs. Consistent with section 2 planning board recommendation plan ... document. Proposed text amendment happy to answer questions.

Commissioner King said the setbacks for signs is to provide unfirming so coming thru a commercial district they are down a certain point. In Cape Carteret you won't see that because many were installed prior to ordinance brought into this town at 197 4 also safety aspect, sign setback from the roadway or entrance so it doesn't block the view. He agrees the 20-foot setback makes the dental office sign nonconforming as well as several other signs like Chalk and Gibbs and Subway. He said he doesn't know that 20 feet is the right number but that is what came with the ordinances in 1974. He said that right of way across the street is close to the curb and if someone were to set a sign 5 foot back from the building at 64 square feet it could easily block vision for traffic. He said its not that we don't make a change. He asked Dr. Scott why not put in the grassy area in between the parking areas. He would like to send this back to the Planning Board. He thinks 5 feet is a safety hazard. He said he visited all the other signs around this area and if it was somewhere around 10 feet to meet the needs of uniformity and safety. He said he couldn't tell if 5 feet would be

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conforming, but he thinks part of it would still be nonconforming. He said these are just suggestions and asked for dialogue, He said ifwe approved anywhere between 8 and 11 feet you would have a good place to put your sign. Dr. Scott said he would like to put it in the grassy area between the two parking lots. He said he believes it is 32 square feet for the max dimension of the sign. Commissioner King said if it was down low, and there is no stipulation to raise it up, it would block thattraffic sight. He said he would think that if this went back to the Planning board he would be very supportive ofwhatthey think if it is between 8 and 11 feet. He said that it would better if the sign was up in the air. Dr. Scott said the goal is to get it to the maximum height allowed and put it 12 feet up and allow for visibility under the sign and not be a hazard. He said at one of the Planning Board meetings he was using the computer designs like Subway which is about 7 feet within their line. Commissioner King thinks 20 feet is too far and this is the perfect time to get it in the right distance. He thinks five feet is too close to the property lines in some areas.

Commissioner Evans said this applies only as presented to the 8-20 zone. Mr. Steffey said yes. Commissioner Evans said that this about freestanding signs. Mr. Steffey said this is for only areas in red and as presented it only alters the setback from 20 to 5 feet. Commissioner Evans said with that clarification he is not ready to question whether the Planning Board thought about all the implications, as they have both sat on there and it gets deliberated extensively. He is good with 5 feet.

Commissioner Evans moved to approve the ordinance as presented at this time. The motion was seconded by Commissioner Truax. Motion carried 4-1, with Commissioner King casting the dissenting vote.

IX. Public Hearing on the Regulation of No Wake Zones

Mr. Steffey said there are special rules and regulations regarding no wake zones. He explained that this is part of the process for getting it into the NC Administrative Code to have a public hearing regarding the locations of buoy markers and is something he has sent the NC Wildlife Commissioner. He showed a map of the proposed locations of the buoys. This is in response to citizen feedback about high speed boats creating wake. He feels these potential locations should address a lot of concerns. He said that based on existing session law they are willing to assist in putting those out and they will assist with installation. He said this takes it a step further to put in the NC Administrative Code along with the reliance session laws, so it can be enforceable. He said this is similar to Cedar Point went through.

Hearing no comments, Commissioner Truax moved to close the public hearing. The motion was seconded by Commissioner Miller. Motion carried 5-0.

Terri Ashby, from the floor, said this is a great idea. Lura Fulcher, from the floor, said thank you.

X. Approval of Ordinance No. 2018-01-02 regarding No Wake Zones

Commissioner Miller moved to approve ordinance no. regarding no wake zones. The was seconded by Commissioner Martin.

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Commissioner Evans said that he is in favor of this because he feels it is the right thing. HE said that it disturbs him that we are doing this when we have been forced to cut the Police Department budget by cancelling the ability for Officers to take their vehicles home and now we are voting to spend money on marker buoys.

Commissioner King said he is out here in the summer time when the weather is warm, and he thinks this a great thing. He showed on the map the area of Rocky Run and said we have had several complaints in that area, so he feels that buoys near that whole area are perfect. He thinks the one by the boat launch is also excellent. He is concerned in the area shown on the map down Deer Creek into School House Creek and also used to cut through the slew. He said if you go out bucking the tide at idle speed it will make a wake down there. He suggested taking this marker elsewhere. He gave an example of two or three years ago when he got pulled by the Wildlife Resources Commission two days after they put those buoys. He said they were going to ticket me, but he let me off. If we should this down to high speed traffic it is safe to go at high speed it is wide enough, take this one and put it to the fork of school house creek.

Commissioner Evans said the purpose of this is to slow down traffic in this creek there. Commissioner King said he was 200 feet away and was getting ready to get a ticket. He asked how will the Wildlife Resources Commission police that. Mr. Steffey said from that buoy part inward. Commissioner King said to make extra sure.

Chief Rivera arrived at 6:38 p.m.

Commissioner Martin said not only are these buoys instrumental in safety issues but to protect the waterfront properties, which is the driving issue. He is completely satisfied with what is found on the schematic. He said that this is all shallow, draft-type water, but there should be no wake in the whole area. He said as far as the buoys, he is satisfied on #4.

Commissioner King moved to table this issue so that Zach can confirm that it won't cause people to get ticketed,

Commissioner Martin said whatever mood the officer is in will determine that. not going to patrol no wake zones. Commissioner Miller said that we are going to see them when they get calls and complaints. Commissioner Martin said these are a visual deterrent for the boaters. He doesn't think a lot of wildlife officers will be around this area to enforce this. Commissioner King said there are a lot of places there where these no wake buoys are in the waterway and you have to slow to idle speed. He said he doesn't know if they mean they will enforce in front of there. Commissioner Martin said the main thing is property protection. He said you will see significant erosion due to the wakes and if this helps one foot ofland, it is worth it. Commissioner Truax agreed. Commissioner Evans said he thinks it is the right thing to do.

The original motion by Commissioner Miller to approve ordinance no. 2018-01-01 regarding no wake zones carried 4-1, with Commissioner King casting the dissenting

vote.

XI. Authorization to Seek Request for Proposals for a Town Unified Development Ordinance

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Zachary Steffey said he was asking for Board approval to send out RFPs for a Town Unified Development Ordinance and also a CAMA land use plan, which is typically done every ten years. He said that in the establishment of UDO and the Board is also asked to set a cost not to exceed amount and timeline for it to be done. He said these types of processes can be $10,000 to $15,000 or even $30,000. He asked for feedback and said that he is applying for the update for the CAMA land use plan to be covered partially by grant funds. He said this has been discussed for several months.

Commissioner Evans said he has called for this UDO and Land Use Plan update, and he knows they are needed and will probably vote in favor of this. He said before that he wanted to say he is concerned that we are doing this and are going to spend more money when we have just gone through a budget crunch where we have denied our officers the ability to take their vehicles home and adversely affected public safety.

Mayor Fowler said this is just the authorization to seek an RFP, and there will be another day to spend money. Commissioner Evans said it is not a thing that is cost neutral, there will be some costs associated with the attorney fee and publishing costs.

Commissioner King thinks this is overdue. He feels these plans will simplify things. He said he has had to work through these ordinances and it is so hard when people come down to try to get it right with this process. He said he doesn't know a lot about it, but this greatly simplifies it, and it also incorporates a vision of the town in that package. He said he will support that.

Commissioner King moved to give Mr. Steffey and staff authorization to seek request for proposals for a Town Unified Development Ordinance and Land Use Plan. The motion was seconded by Commissioner Truax. Motion carried 5-0.

XII. Approval of Ordinance Amending the Town Charter to Adopt the Council-Manager Form of Government

Mr. Steffey said that this item pertains to the approval of an ordinance to adopt the council manager form of government. The Board voted at our last meeting and it required a super majority for passage. This is the second reading tonight and a simple majority will move this forward.

Commissioner Truax moved to change the Town form of government to council manager. The motion was seconded by Commissioner Martin. Discussion:

Commissioner Evans said he is not in favor of the cost of the special election and cannot see thatthere is any pressing need to do this in a hurry. He thinks we can take our time and wait and ifwe decide to put it on the regular ballot in 2019 and listen to what the voters have to say. He said in his mind regarding changing the form of government, and he has heard all kinds of things about why we are doing this, and what we are saying in the most common terms is to take the politics out of administration in this town. He said that is probably valid, and what we are saying with this action, is that we as a board are unwilling or incapable in giving Mr. Steffey the opportunity to succeed in his job as Administrator. He said it doesn't make sense to him why we can't back off and let him do this job. He said we


need to find a way to back off and let him do his job short of changing the foundation documents that founded this town.

Commissioner King said he would have thought back when we hired a Town Administrator that would have been the solution to the problems we had in the town. He said he doesn't like to use the term micromanagement, but the micromanagement is a factor and with one board it would be one way and with another a different way. He said we couldn't move forward with a long-term vision. He said we brought in a person here to be an administrator to oversee three departments and the Board immediately created a confrontation and didn't allow him to do that with the police dept. He said in fact they adopted a special arrangement of how they were going to work together. In his mind, this undermines the ability of an administrator to do their job. He sits here with one vote, and he won't be here forever, and neither will the Administrator or rest of the Board, what is to say the same thing that happened with a previous Board won't happen again. He said that burden becomes too steep to turn around once we are there. He supports the management form of government.

Commissioner Miller said he agrees in most part with Commissioner Evans. He said his feelings haven't changed. He will support Mr. Steffey and will do so wholeheartedly. He said it is still less than a year with an Administrator and we are already jumping to the next level. He said let's put it on the ballot and see what the people of the town want.

Commissioner Truax said this town manager position will be responsible to this Board so it is not changing anything. There were commissioners that were here two years and in public buildings there was money left in this town, and we couldn't get a member that can handle everything and keep up with anything. This town needs a manager and she wants to change the charter for the future of cape Carteret.

Commissioner Evans said that he has spoken privately and in this setting on a number of occasions on appreciation of what Mr. Steffey has done for administration. He said this Board seems bent on rushing into this. He wanted to say here for the record ifwe rush into this or go into this he believes that we are required by morality to advertise and recruit and interview through that process. He said it is not an automatic promotion. He said if we change that to a Town Manager Mr. Steffey is more than willing to apply and compete for the job.

Commissioner Truax recommended Zachary Steffey to be in the position and recommends that he stay in the job without applying for it. She asked Attorney Curtis if that was permissible.

Attorney Curtis said we can do that. He said the Board can make an entirely separate motion and issue of that. Commissioner Evans asked if the board can go forward once the amended form of government and are they required to compete. Attorney Curtis said that is up to the Board.

The original motion by Commissioner Truax to change to the council manager form of government passed 3-2, with Commissioner Evans and Commissioner Miller dissenting.

Mayor Fowler said that now that we have changed our form of government, we will need a motion if the Board would like for Zachary Steffey to become the Town Manager.

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Commissioner Truax moved to make Zach Steffey the Town Manager.

Commissioner Martin asked to amend that motion to promote Zach to Town Manager and that we direct the him to work with the Mayor and Town Attorney to amend his contract to reflect the changes. Commissioner Truax agreed to that amendment.

The motion was seconded by Commissioner Martin.

Commissioner King said he came into the middle of these things and there are paramount things happening in the town. He has spoken to Mr. Steffey for about 4-5 hours over the past two months and he will vote for him as Manager. He doesn't think we could find anything as Manager better than this. He said he don't know what he was trying to find out on his own, but he thinks Mr. Steffey is the man for the job.

Commissioner Miller said while he voted against going this route, he agrees that we have created this position and we need to keep the man that we have in it. He thinks he has done an outstanding job as Administrator and he would hate to shove him out. He said that now that we are going to this form of government he supports him.

Mayor Fowler said that in NC government employment laws there is not requirement to advertise. Mr. Steffey's position doesn't fall under State Personnel Act. He said he has been questioned in the past about legalities and how we were advised to do so.

The original motion to promote Zach to Town Manager and that we direct the him to work with the Mayor and Town Attorney to amend his contract to reflect the changes passed 4-1, with Commissioner Evans opposed.

XIII. Planning Board Appointments Board

Planning board appt, king. He moves to table pb appointments the minutes didn't have a meeting he isn't sure who the primary and alternates are. He would like to get those and get the names and who is up, who is an alternate. Motion to table king, second martin. 5-0.

XIV. Special Events Committee Appointments Board

Commissioner King moved to table the appointments to the Special Events Committee at this time. The motion was seconded by Commissioner Martin.

Commissioner King said he is unsure what this is all about. Mayor Fowler said the concept is that we are very interested in finding a brand for the town and a festival where we can draw people from little special events like tree lighting, car festival and there are some other suggestions that we must vet before it gets to the Board to decide to do this or that. He said this special events committee would be appropriate to vet before approval. Commissioner Truax also said that this is for the 5k runs as well.

Motion carried 5-0.

XV. Updates/Reports from Staff and Board a. Town Administrator's Report-

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Mr. Steffey thanked the board for having the confidence in him to bring to him to the Town Manager position. He is relieved he can stay in his office. He said he is grateful for the support and feels we are in a good direction. He is excited for the future. He has also enjoyed talking to Commissioner King and said they actually think a lot alike and share a vision for the Town. He said they are both committed to making that happen. He is excited to work with him and everyone in this new capacity.

Mr. Steffey also recognized Attorney Curtis, Deanna McElmon and Anne Scott for their work in orchestrating the Turkey Trot. He said there were, 300 participants and $3,400 was generated towards the trail. He also recognized the Public Works department who worked tirelessly to get the parking lot cleared and after several hours they were able to get it into a safe condition for this meeting. He asked all present to be careful traveling home. He also recognized the Police Department for their patrols during this winter storm. He said there were some branches down during the storm. He is thankful for those who worked 24-7 out there to protect citizens. He recognized Community Watch who contributed $700 to purchase a bench, which will have a plaque that says something to the effect that Community Watch is still watching over the town, to commemorate their work

b. Clerk's Report-none c. Chiefs Report-none d. Finance Officer's Report-none e. Commissioner Reports

o Commissioner Truax had nothing to report. o Commissioner Miller said the CC Trail Committee met right before this and he

thinks everyone is on board knows what is happening. He said the next portion will be complete thanks to a private donor to complete the Highway 24 portion. He said Carteret County has released their money plus Zach is working with John Freshwater for this portion and hopes to start breaking ground by March. He said about the same time put in the Highway 58 portion. He said we may have to reduce the width of the trail in this area because we are held to a standard due to state requirements. He said that they have been working tireless to get that done hopefully by March. He also said that Deanna at the fitness center within the last few days she pulled up to the shopping center and saw four middle-aged girls walking down toward the road. She said that twenty minutes later she talked to them and they told her they had walked down here where the trail is across the creek across the exact area before the trail was even completed.

o Commissioner Evans said he hopes everyone had a peaceful, reflective new year. He joked those who prayed for snow can go north, and take it with you. He thanked citizens for personally contacting him regarding their feelings on issues. He said some are still working on the answers to the questions. He asked the citizens to please stay engaged as we move forward here. He thinks he mentioned last month to Zach that the light on the Hardee's sign is still shining. Commissioner Evans congratulated Zach on his promotion.

o Commissioner King said that he would like to make a comment on appointing commissioners. He said in his time on the Board in this town and beyond there have been five different people appointed to Commissioner through the same method which include: Kevin White, Lindy Dawsey, Mayor David Fowler, former

Minutes of January 8, 2018 Page10of14

Commissioner Doreen Saunders and Tara Patterson. The second item deals with going to a single meeting. He said some years ago the Board discussed going to a single meeting. He asked the Clerk or perhaps Zach going forward to come up with a way to introduce new business in that for the first time they are not voting items, which gives the Board a month before they can first vote on it. He doesn't know how to do this, and he will leave it in your hands. He said last, he said we used to do this years ago, but he would like to have the Planning Board have a member come to this meeting and report on their activities in front of this Board. He said this person can be whoever they designate but the Planning Board is an integral part in everything, so he would like a member to give a report. Commissioner King read the following statement:

As a newly appointed member to this board, I would like to take a few moments to speak on a few important issues facing our town. Because some of what I would like to say involves numbers and details, I have written down my thoughts rather than trust them to memory.

In 1999, when I was a newly appointed Planning Board member, the Town had a substantial reserve fund of approximately $1.4 million and the tax rate was $.26. When I left the Board of Commissioners in December 2013, the reserve fund was still at approximately $1.4 million including over $300,000 in a sewer fund and $240,000 in the emergency fund. The tax rate had been progressively lowered from $.26 to $.1525 over that 14-year period. This reduction in tax rate kept the reserves from ballooning and lessened the burden on our taxpayers. During this period, we entered a 20-year lease agreement of the boat ramp site, built the boat ramp site, instituted the yard debris pickup program, completely renovated the police building, renovated the old ABC building, hired a code enforcement officer, began building sidewalks on the south side of Hwy 24 and planned the first leg of the CC Trail from Lowes to WOES which was 90% funded with grant money. However,from 2013 until 2017 the budget ordinances approved each June by the governing board increased the budget steadily over 4 years from $1.20 million to 1.69 million, a 40.3% increase. During this same period the Board voted to use reserves to balance the budget, depleting the Sewer reserve fund ($340,000) and the hurricane emergency fund ($240,000) and simultaneously increased the tax rate from $.1525 to $.1975, a 29% increase, to provide additional revenue. Also during this same period, while Public Works, Governing Board, and Administration flat lined (show graph), the Police Department budget increased from $340,598 to 667,682 a whopping 96% increase. Fortunately, the actual spending during the first three years of the period is less because of various budget amendments, but Police Department actual spending increased 60% over the period and staffing of the police department increased to 8 full-time and 1 part-time officer and 9 vehicles. Our three neighboring towns have no municipal police force and there is no measurable difference in reported crime.

Staffing levels of police departments in the United States according to the International Association of Police Chiefs for cities with less than 2500 residents are at 2.6 officers per 1000 residents nationally. The state of North Carolina averages 2.4 officers per 1000 people. Greenville has 2.0/1000, Rocky Mount 2.8/1000 and Winston Salem and Greensboro have 2.3/1000 officers. Cape Carteret has 4.25 officers per 1000, nearly twice the number of police officers as

Minutes a/January 8, 2018 Page 11 o/14

the state average of all cities. Equivalent staffing for Cape Carteret should be 4-5 officers. Cape Carteret also provides a full-time SRO officer for WOES. 1 know ofno other town in North Carolina with a full-time SRO officer in an elementary school and this cost is not proportionally reimbursed by the county and the other towns that send their children to the school. Cape Carteret taxpayers pay a disproportionate amount of this cost. My support of this program is contingent on proportionate cost sharing.

The town Police Department, until last month occupied the entire 3000 square feet of office space next door. In 1999 they occupied just 1000 square feet of the building and in 2002 spent about $70,000 to renovate the building doubling their office space. More often than not there is no one in the office. We have given up the rental income we previously received and now pay for the utilities and upkeep of the entire building.

While I support efforts to reduce expenditures in all departments of the town government it is very obvious that expenditures in the Police Department's budget are extraordinarily out of line with those in other small towns and have dramatically increased in the past four years. Our town is approximately 2.8 square miles and the three main roads (Taylor Notion, Hwy 58 and Hwy 24) are state roads patrolled by both the sheriffs department and the state police. Our three neighboring towns have no municipal police departments and rely on the County Sheriff and mutual aid calls from Cape Carteret. Additionally, our taxpayers pay county taxes for the Sheriffs Department which is rarely used by the Town.

During the last 18 years, I have spent time with Community Watch, was Chairman of the Planning Board for 5 of6years, a sitting commissioner for 8years, and the code enforcement officer for 18 months and attended all town meetings. I have come to appreciate the Town's wishes to have their own police department and I have no intentions of eliminating it. However, the excessive cost of our present Police Department holds the rest of the town hostage to any improvements, maintenance, or equipment upgrades that are needed and has resulted in a 29% tax increase two years ago and a budgeted $290,000 invasion of reserves to balance the budget this year alone. This is extraordinarily irresponsible. For many years the police department operated with a budget that is near half of what it is today and the Governing Board was able to reduce the tax rate and improve services and infrastructure. Ifwe continue on our current path we will have to raise taxes from their current level of.1975 to approximately .35 in order to balance the budget. The spending forecast in this year's budget is unsustainable and unacceptable!

I have three goals looking forward for this year: (1) Support the proposed cuts that lessen this year's deficit, (2) Balance Cape Carteret's budget for next year without use of reserve funds and (3) Reestablish the Town Sewer fund and Hurricane emergency fund and gradually replenish them over time.

In order to attract commercial business to lessen our tax burden, the town has three problems. First, the cost of land in Cape Carteret is higher than in our neighboring towns. That, in and ofitse/fis not a bad situation to be in but it makes


it difficult to compete for businesses. Second, our tax rate is more than triple the rate of our neighboring towns and third we have no sewer capacity. All the sewer capacity for the shopping center is used or allocated. I have no expectations that the town will see city wide municipal sewer in the near future. The $340,000 sewer fund is only a drop in the bucket and would hardly fund a feasibility study or engineering. It can, however, serve as an incentive to attract a commercial customer to the B-20 district, by providing a location for a small package sewer plant or funds to expand the existing plant that currently serves the shopping center. We have spent our ability to provide this incentive.

These words may sound a little harsh to some of you, but are based on facts I have taken from the annual budget ordinances approved by the Governing Board and the accountant's reports of fiscal year spending.

My only wish going forward is to provide fiscally responsible leadership, progressive change in the town's development, and to leave Cape Carteret a better place for those who will follow.

Thank you very much.

o Commissioner Martin thanked Commissioner King for his presentation. He congratulated Zach on his promotion. He also thanked everyone for their thoughts, prayers, and support during his recovery.

f. Mayor's Report-Mayor Fowler congratulated Mr. Steffey. He thanked the citizens for their participation, and said he wants people to stay tuned. He said there are a lot of great things happening and a little unity would go a long way. He said there has been a lot discussed since the election to try to save services, keep our tax rate stable, and protect our personnel. He said we don't want to do anything so traumatic to cause people not to move here and businesses not to come. He said we don't want to lose services, and hope to keep everyone employed and the services at the same standard.

Mayor Fowler said that we have not addressed one thing. He said we have a mess in Cape Carteret with the winter storm and haven't addressed the leaf and limb issues at all. He said we have a pickup in March but typically as soon as the snow melts there will be a ton more debris on the side of the road. He asked if Zach and Danny have done rounds to see how it is. Danny Taylor said he has made quite a few rounds and there are lot oflimbs in right of way, and even more in people's yards. Commissioner Martin said our citizens are mostly are weekenders. He said ifwe do move it up, they don't start coming down until March and won't see all these limbs, so what will we do. Mayor Fowler said we will be inundated with limbs He said that we are one short in personnel with Alex's injury. Danny Taylor said we have a third of our workforce gone. He said if we go out there and pick them up it will take a good while and the people don't like leaf and limbs out.

Mike I<ing said this year the fall was really warm and if you noticed we had the leaf and limb pickup and afterwards just as many dropped, and they are all sitting on the ground. He said maybe we can move it up and change the schedule where we can get the stuff out. He said the part-timers that come out will put them out to the curb, and

Minutes of]anuary 8, 2018 Page 13 of14

will you fine them for that? Mayor Fowler said anything on the curb with those people who are weekenders then they can utilize the March pick up. He said the fulltime people will have their hauled off. He said the weather channel assigned the name of the storm, not sure if national weather service has. Mr. Steffey said we will know once the snow is completely melted, in case there is anything underneath, then we can evaluate if we can do this in-house or if we have to bid it out. He said hopefully our employee who is out will be back, so we may not be a person down, it depends. The next pick up is scheduled for March 5, 2018. Commissioner Truax said we should wait and see how much we have. Mayor Fowler encouraged people to clean up their yard and move from there. He said we can borrow from March or June and reschedule to be one pick-up if needed.

XVI. Closed Session Pursuant to N.C.G.S. 143-318.11 (a) (6) Personnel

At 7:28 p.m. Commissioner Truax moved to enter closed session pursuant to N.C.G.S. 143-318.11 (a}{6) to discuss personnel. The motion was seconded by Commissioner King. Motion carried 5-0.

CLOSED SESSION

Commissioner Miller moved to enter open session. The motion was seconded by Commissioner Truax. Motion carried 5-0.

OPEN SESSION

XVII. Adjournment

Commissioner Miller moved to adjourn at 9:03 pm. The motion was seconded by Commissioner Truax. Motion carried 5-0.

Ashleigh J. Huffman Town Clerk

Minutes of January 8, 2018

David M. Fowler Mayor

Page 14 o/14

CafefCarteret 71,,o,v(/r, (J,(M/() ~~

CAPE CARTERET BOARD OF COMMISSIONERS

MEETING DATE:

NAME OF ITEM:

February 12, 2018

Public Comment

AGENDA ITEM SUBMITTED BY:

AGENDA ITEM # Consent Regular

VI.


Citizens will be allotted 3 minutes to address the Board. Typically there is no dialogue between the Board and the speakers during public comment.


N/A

Capef Carteret nod4 (}MAJ~~



VII. MEETING DATE: February 12, 2018

NAME OF ITEM: Planning Board & Special Events Committee Appointments

AGENDA ITEM SUBMITTED BY: Board



Capef Carteret

nod4 e~~~ CAPE CARTERET AGENDA ITEM #


VIII. MEETING DATE: February 12, 2018

NAME OF ITEM: Scheduling of February Budget Workshop

AGENDA ITEM SUBMITTED BY: Zachary Steffey



Mayor David Fowler

Commissioner Steve Martin

Commissioner Mike King

Commissioner Charlie Evans

Memorandum

Town of Cape Carteret 102 Dolphin Street

Cape Carteret, NC 28584

To:

From:

Re:

Mayor Fowler & Board of Commissioners Zachary Steffey, Town Administrator

Budget Workshop

Date: February 12, 2018

Discussion

Commissioner Minnie Truax

Commissioner Don Miller

Town Administrator Zachary Steffey

Attorney Mike Curtis

As we begin work on the FY2018-2019 Budget we need to look at setting goals and objectives

for the next fiscal year's budget. The following discussion items should be considered for the

budget workshop:

• Goals for the FY18/19 Budget

• Areas for increases or decreases in the FY18/19 Budget

• Specific purchasing objectives • Plan for balancing the budget - tax increase, withdrawal from reserves, budget cuts

• Large capital purchases

• Equipment and vehicle purchases

• Land acquisition

Requested Action The Board of Commissioners are asked to schedule a budget workshop in the next couple of

weeks to discuss the FY18/19 Budget.

Capef Carteret no-vt/4 e~~t:f,



IX. MEETING DATE: February 12, 2018

NAME OF ITEM: Approval of Police Chief Advertisement




The Town of Cape Carteret is seeking an experienced professional to serve as its next Chief of Police. The

Cape Carteret Police Department is comprised of 8 full-time officers and one (1) reserve officer. The

Chief of Police plans, directs, manages, and oversees the day to day activities and operations of the

Police Department to include field operations, records management, support and technical service,

training, special programs and criminal investigations. The Chief of Police reports directly to the Town

Administrator. The Chief of Police assumes full responsibility for all Police Department operations directs

and manages the development and implementation of departmental goals, objectives, policies and

priorities for each assigned service and/or operational area; plans, directs, and coordinates the

department's functions including crime prevention operations, criminal investigations and control of

criminal intelligence data, traffic enforcement and accident investigation, property and evidence

control; consults and cooperates with other local, state, and federal law enforcement agencies; consults

with departments and public concerning crime, crime prevention, and local emergency planning;

approves purchase requests and expenditures and implements budgetary adjustments as appropriate

and necessary.

Minimum requirements include: Bachelor's degree in Criminal Justice, or a closely related field;

Master's degree preferred; FBI Academy, Southern Institute advanced leadership training or equivalent;

10 years of progressively responsible law enforcement experience, including a minimum of 5 years of

administrative and supervisory experience. Experience at a command level or higher in a similar sized

community. Requires North Carolina Basic Law Enforcement Certificate issued by NC Criminal Justice

Education and Training Standards Commission. Must possess and maintain a valid State of North

Carolina Driver's License. Must possess excellent communication skills. Please submit resume, Town

employment application, and completed NC State form F3 via mail or hand delivered to: Town of Cape

Carteret 102 Dolphin Street Cape Carteret, NC 28584, Attn: Police Chief Search. Salary Range: $54,543-

$81,814 DOQ. EOE

Applications will be accepted until June 1, 2018 at 5:00 p.m.

Capef Carteret 7l,ov{/., (}t)VU) ~()(,



X. MEETING DATE: February 12, 2018

NAME OF ITEM: Discussion of Take Home Vehicle Policy




Mayor David Fowler




Memorandum



To: From: Re:

Mayor Fowler & Board of Commissioners Zachary Steffey, Town Administrator Take Home Vehicle Policy

Date: February 12, 2018

Discussion





During the Board of Commissioners December Meeting the Board voted to withdraw the take

home vehicle privilege for the Cape Carteret Police Department. There were both financial and

policy reasons for stopping take home vehicles. After further review and consideration a policy

has been drafted that should help place safeguards against the abuse of this privilege in the

future. Further, a maintenance and mileage log has been created for each of the vehicles to

ensure that maintenance occurs at appropriate intervals and to identify irregularities in

odometer readings. The proposed take home vehicle policy should address all components of

the take home vehicle program and ensure that the Town's assets are maintained and utilized

appropriately.

Recommended Policy

Cape Carteret Police Officers at the discretion of the Town Administrator and Chief of Police

may take their assigned patrol vehicles to and from their place of residence with the following

rules and regulations:

• Officers living further than 15 miles (driving distance) from the Cape Carteret Police

Department will not be allowed to take their patrol vehicle to their home.

• Officers living further than 15 miles (driving distance) from the Cape Carteret Police

Department may park the vehicle at any approved local, state, or federal government

facility with the written permission of the Town Administrator and Chief of Police.

• Officers living within 15 miles (driving distance) of the Cape Carteret Police Department

may take their vehicles home provided that the route driven must be the shortest route

to their place of residence.

Mayor David Fowler










• Officers who are allowed to take their vehicles home must drive directly to the Cape

Carteret Police Department and shall not stop at restaurants, stores, etc. that are not in

route to the Cape Carteret Police Department.

• Officers are responsible for ensuring that the patrol vehicles are parked in safe, well-lit

areas and shall take reasonable measures to prevent theft or damage of the patrol

vehicle.

• Officers must keep vehicles in a clean and safe condition and are not permitted to make

modifications to the patrol vehicle.

Officers that are found to be in violation of this policy shall have the take home privilege

revoked in addition to facing any disciplinary action deemed appropriate by the Chief of Police

and the Town Administrator.

Requested Action

The Board of Commissioners are asked to consider approving the proposed take home vehicle

policy and to allow officers who adhere to this policy to resume taking their vehicles home.

Capef Carteret

7Zodt e~~~



XI. MEETING DATE: February 12, 2018

NAME OF ITEM: Approval of Cell Phone and Social Media Policy




Mayor David Fowler










Memorandum

To: From:

Mayor Fowler & Board of Commissioners Zachary Steffey, Town Administrator Cellphone, Email, and Social Media Policy February 12, 2018

Re: Date:

Discussion In an effort to promote productivity in the workplace and to clarify expectations of professionalism among Town staff a cellphone, email, and social media policy has been proposed.

Proposed Policy

Cellphone, Email, and Social Media Policy - Draft

• All personal cellphones (non-town provided) are to be kept out of sight i.e. desk, purse,

etc. while at work

• Cellphones should be placed on silent or vibrate to avoid distractions and interruptions

Employees shall refrain from using cellphones while at work except while on breaks or

when authorized by their supervisor to do so; cellphone use while on breaks should take

place in areas that will not disrupt town business or interfere with the productivity of

other employees

• Employees with a town issued cellphone may only use their cellular devices for official

town business

• Town desk phones and town email accounts are to be used for official town business

only

• Employees shall refrain from using their personal social media accounts while at work

• Employees shall refrain from using their personal email accounts while at work

• Employees shall not use their personal email accounts to conduct official town business

Violations of this policy will result in disciplinary action. Repeated violations of this policy may

result in suspension or termination.

Mayor David Fowler




Requested Action







The Board of Commissioners are asked to consider approving the Cellphone, Email, and Social

Media Policy for the Town of Cape Carteret.

· Capef Carteret no-vtli- OMA)~~



XII. MEETING DATE; February 12, 2018

NAME OF ITEM: Discussion on Updates on Town Copyrights

AGENDA ITEM SUBMITTED BY: Commissioner Truax



Capef Carteret ~d~ etvU)~t:f,


XIII. MEETING DATE: February 12, 2018

NAME OF ITEM: Updates/Reports from Staff and Board


See attached background information relating to the various reports if applicable.

REQUESTED ACTION. IF NECESSARY (PROPOSED MOTION):

N/A

Capef Carteret ?UJ~/4 {j,(MAJ~t:f,



MEETING DATE: February 12, 2018

NAME OF ITEM: Closed Session Pursuant to N.C.G.S. 143.318.11 (a) (6) Personnel


Motion to enter closed session pursuant to N.C.G.S.143-318.11 (a) (6) Personnel

Caper Carteret

no~t e~~~ CAPE CARTERET AGENDA ITEM #


MEETING DATE: February 12, 2018

NAME OF ITEM: Closed Session Pursuant to N.C.G.S. 143.318.11 (a) (5) Property Acquisition

REQUESTED ACTION. IF NECESSARY (PROPOSED MOTION):

xv.

(If the Board desires to approve the recommendation regarding this agenda item, the following motion would be in order.)

Motion to enter closed session pursuant to N.C.G.S.143-318.11 (a) (5) Property Acquisition

Capef Carteret nodt et'VUJ ~t)(,



XVI. MEETING DATE: February 12, 2018

NAME OF ITEM: Adjournment


Motion to adjourn.

i i. meeting called to order i - town of cape carteret...2018/02/12 · i. ii. iii. iv. v. town of...

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