Table of Contents Agenda Agenda Memo and Calendar ...C7A9863B... · 2018/12/11  · Parks & Rec Director Swansboro Parks and Recreation would like to extend the utmost gratitude to

Table of Contents

2

5

8

Agenda2019 Board of Commissioners Regular Meetings Schedule

Agenda Memo and CalendarResolution Celebrating the Life and Accomplishments of

George HW BushResolution

Swansboro Area Youth Development Foundation RecognitionAgenda Memo 9Photo with bench 10Photo at Olde Town Square 11Photo at Paint Along 12Photo with Rocking Chair 13

14

15

Samuel Swann Bland Community Service Award PresentationAgenda Memo

Municipal Park Connect NC Project UpdateAgenda Memo

Adoption of Referenced Fire Code for Town Code of Ordinances Chapters 91.21 - 91.24 (Ordinance 2018-O15)

Agenda Memo 17Proposed amendment comments 18Ordinance 2018-O15 23

Board AppointmentsAgenda Memo and Attachments 28

1st Quarter FY 18-19 FinancialsAgenda Memo 33

1

BOARD OF COMMISSIONERS MEETING AGENDA

Town of Swansboro Tuesday, December 11, 2018

Board Members John Davis, Mayor | Frank Tursi, Mayor Pro Tem | Pat Turner, Commissioner | Roy Herrick, Commissioner | Philip Keagy, Commissioner | Brent Hatlestad, Commissioner |

I. Call to Order/Opening Prayer/Pledge Mayor John Davis

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. 2019 Board of Commissioners Regular Meeting Schedule b. Resolution Celebrating the Life and Accomplishments of George HW Bush

•

IV. Appointments/Recognitions/Presentations a. Swansboro Area Youth Development Foundation

Recognition Brittany W. Shipp, Parks & Rec Director

Swansboro Parks and Recreation would like to extend the utmost gratitude to members of the Swansboro Area Youth Development Foundation. Over the last five years members of SAYDF have worked hard to raise funds throughout the year completing various service projects and fundraisers. b. Samuel Swann Bland Community Service Award Mayor John Davis On February 17th, 2009, the Town of Swansboro created the Samuel Swann Bland Outstanding Community Service Award in honor of Sam Bland, who retired after serving a total of 22 years

2

– six years as a Park Ranger and 16 years as Superintendent of Hammocks Beach State Park. The award is to be presented to a public employee or community volunteer that demonstrates the outstanding dedication to the improvement of community services that were exhibited in the career and contributions of Samuel Swann Bland on an annual basis.

c. Municipal Park Connect NC Project Update Brittany W. Shipp,

Parks & Rec Director Staff has prepared a comprehensive update regarding the Municipal Park Enhancement Connect NC Project (Splash Pad). In addition to the update provided, project progress can be found online at swansboro-nc.org and in the monthly department reports.

V. Public Hearing – None Scheduled

VI. Business Non-Consent a. Adoption of Referenced Fire Code for Town Code of

Ordinances Chapters 91.21 - 91.24 (Ordinance 2018-O15) Mark Tessing, Fire Chief and Cliff Parson Attorney

Recommended necessary changes are sought to the Town Code of Ordinances Chapters 91.21 - 91.24 for proper referencing for administration of the NC Fire Prevention Code. Action Needed: Motion to adopt Ordinance 2018-O15 effectively amending the Town Code of Ordinances Chapters 91.21 - 91.24. b. Board Appointments Paula W. Webb, Clerk

MMC-NCCMC Multiple Board Appointments to be considered. Action Needed: 1. Consider re-appointments to the Tourism Development Authority and Chair Selection 2. Consider re-appointments to the Park Board and appointment to ETJ vacant seat 3. Consider re-appointments to the Planning Board 4. Adopt Resolution 2018-R12 (if applicable)

3

c. 1st Quarter FY 18-19 Financials Sonia Johnson,

Finance Director An overview of the 1st Quarter Financials for FY 18-19 (period ended September 30, 2018) will be given. Action Needed: Review and comments

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 Comments J. Scott Chase, Manager ICMA/AICP

X. Board Comments Board

XI. Closed Session – None Scheduled Board

XII. Adjournment Board

4

Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager Finance Director Town Clerk 12/6/2018 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: 2019 Board of Commissioners Regular Meetings Schedule Board Meeting Date: December 11, 2018 Prepared By: Paula Webb – Town Clerk/Admin Services Director Overview: NCGS 160A-71 provides that the Board establish a time and place for its regular meetings. The 2019 meetings schedule has been prepared based on the Town’s Administrative Policy 1D which states that the Board of Commissioners meeting dates fall on the 2nd and 4th Tuesday of each month. Once adopted, the meetings schedule will be posted on the bulletin board outside the Administrative Offices at Town Hall and on the Town website. Background Attachment(s): 2019 BOC Meeting Schedule NCGS 160A-71 for reference Recommended Action: Adopt 2019 meeting schedule

5

TOWN OF SWANSBORO Board of Commissioners 2019 Meeting Schedule

All meetings are held at 6:00 pm in the Community Room at Town Hall

601 W. Corbett Avenue – Swansboro, NC 28584 January 8, 2019 February 12, 2019 January 22, 2019 February 26, 2019 March 12, 2019 April 9, 2019 March 26, 2019 April 23, 2019 May 14, 2019 June 11, 2019 May 28, 2018 June 25, 2019 July 9, 2019 August 13, 2019 July 23, 2018 August 27, 2019 September 10, 2019 October 8, 2019 September 24, 2019 October 22, 2019 November 12, 2019 December 10, 2019 November 26, 2019 December 24, 2019

6

§ 160A-71. Regular and special meetings; recessed and adjourned meetings; procedure.

(a) The council shall fix the time and place for its regular meetings. If no action has been taken fixing the time and place for regular meetings, a regular meeting shall be held at least once a month at 10:00 A.M. on the first Monday of the month.

(b) (1) The mayor, the mayor pro tempore, or any two members of the council may at any time call a special council meeting by signing a written notice stating the time and place of the meeting and the subjects to be considered. The notice shall be delivered to the mayor and each councilman or left at his usual dwelling place at least six hours before the meeting. Only those items of business specified in the notice may be transacted at a special meeting, unless all members are present or have signed a written waiver of notice. In addition to the procedures set out in this subsection or any city charter, a person or persons calling a special meeting of a city council shall comply with the notice requirements of Article 33C of General Statutes Chapter 143.

(2) Special meetings may be held at any time when the mayor and all members of the council are present and consent thereto, or when those not present have signed a written waiver of notice.

(3) During any regular meeting, or any duly called special meeting, the council may call or schedule a special meeting, provided that the motion or resolution calling or scheduling any such special meeting shall specify the time, place and purpose or purposes of such meeting and shall be adopted during an open session.

(b1) Any regular or duly called special meeting may be recessed to reconvene at a time and place certain, or may be adjourned to reconvene at a time and place certain, by the council.

(c) The council may adopt its own rules of procedure, not inconsistent with the city charter, general law, or generally accepted principles of parliamentary procedure. (1917, c. 136, subch. 13, s. 1; C.S., s. 2822; 1971, c. 698, s. 1; 1973, c. 426, s. 14; 1977, 2nd Sess., c. 1191, s. 7; 1979, 2nd Sess., c. 1247, s. 5; 1989, c. 770, s. 37.)

7

RESOLUTION IN MEMORY OF GEORGE H.W. BUSH

WHEREAS, along with the entire Country, the Town of Swansboro mourns the death of George Herbert Walker Bush, the forty-first President of the United States and wishes to acknowledge some of his major accomplishments; and WHEREAS, some of George H.W. Bush’s major accomplishments include: - Enlisted in the U.S. Navy on his 18th birthday, becoming the youngest pilot in the Navy during World War II - Was awarded the Distinguished Flying Cross for his service during World War II

- Served as the vice president for Ronald Reagan from 1981 to 1989 - Served as the 41st president from 1989 to 1993 - Served two terms as a Representative to Congress from Texas - Was appointed as Ambassador to the United Nations - Chairman of the Republican National Committee - Chief of the U.S. Liaison Office in the People’s Republic of China - Director of the Central Intelligence Agency

- Responded to the dissolve of the Soviet Union and oversaw the U.S. military’s removal of Panamanian dictator from power during his presidency - Responded to the 1990 invasion of Kuwait by creating a national coalition and leading a military strike to drive the Iraqi President out of Kuwait during his presidency NOW, THEREFORE, BE IT RESOLVED that I, John Davis, Mayor of the Town of Swansboro, along with the Swansboro Board of Commissioners, do hereby celebrate the life and accomplishments of the late George H.W. Bush.

This the 11th day of December 2018. ____________________________ Attest: John Davis, Mayor _________________________ Paula W. Webb, Town Clerk

8

Board of Commissioners Meeting Agenda Item Submittal

______________________________________________ Item To Be Considered: Swansboro Area Youth Development Foundation Recognition Board Meeting Date: December 11, 2018 Prepared By: Brittany W. Shipp / Parks and Recreation Director Overview:

Swansboro Parks and Recreation would like to extend the utmost gratitude to members of the Swansboro Area Youth Development Foundation. Over the last five years members of SAYDF have worked hard to raise funds throughout the year completing various service projects and fundraisers. They have participated in the annual Christmas Flotilla and a wide variety of programs through Swansboro Parks and Recreation. Each year the members of SAYDF determine benefactors for the funds they raise. A variety of items have been contributed to Swansboro Parks and Recreation to include rocking chairs for the front porch of the Recreation Center, bench for the Dog Park, waste receptacles for downtown and a bench for Bicentennial park. Most recently SAYDF contributed $600 to go towards new equipment for the game room at the Recreation Center.

Background Attachment(s): Photos

_____________________________________________

Reviewed By: Town Manager __________ Finance Director _______________ Town Clerk ___12/6___ Town Attorney _______________ Date Action Approved by Board: _________________ Action if different from Recommended: _____________________________________________________________________________ __________________________________________________________________

9

10

11

12

13

Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager Finance Director Town Clerk 12/6/2018 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Samuel Swann Bland Community Service Award Board Meeting Date: December 11, 2018 Prepared By: Paula Webb – Town Clerk/Admin Services Director Overview: On February 17th, 2009, the Town of Swansboro created the Samuel Swann Bland Outstanding Community Service Award in honor of Sam Bland, who a retired after serving a total of 22 years – six years as a Park Ranger and 16 years as Superintendent of Hammocks Beach State Park.

The award is to be presented to a public employee or community volunteer that demonstrates the outstanding dedication to the improvement of community services that were exhibited in the career and contributions of Samuel Swann Bland on an annual basis.

Recommended Action: Present Award

14

Board of Commissioners Meeting Agenda Item Submittal

______________________________________________ Item To Be Considered: Municipal Park Connect NC Project Update

Board Meeting Date: December 11, 2018 Prepared By: Brittany W. Shipp / Parks and Recreation Director Overview:

Staff has prepared a comprehensive update regarding the Municipal Park Enhancement Connect NC Project. In addition to the update provided, project progress can be found online at swansboro-nc.org and in the monthly department reports.

Swansboro Parks and Recreation received a grant through the North Carolina Parks and Recreation Trust Fund Connect NC Bond Grant Program for Children and Veterans with Disabilities (Connect NC) to complete a park enhancement project at Swansboro Municipal Park that would increase accessibility and enhance inclusive play. The total project cost is anticipated to be $245,404; $196,324 in grant funds with a local match of $49,080 that will be funded through the Parks Reserve fund.

Timeline:

• December 2016 – Applied for grant • March 2017 – Received notification of award • April 2017 – Recevied and returned contract documents • May 2017 – Project period started, with a deadline of April 30, 2020 • July 2017-February 2018 – researched and developed plan for specific componets of the

project scope; began soliciting for RFP for splash pad and tennis courts; worked with engineer to develop site plan and modify the state stormwater permit for Municipal Park based on the anticipated scope

• February 2018 – determined best option to modify to a recirculating system for the splash pad in an effort to save on cost of water and reduce the impact on stormwater it would create

• March 2018 – Tennis court construction began; final selection process completed for Splash pad to go in to production

• May 2018 – completed plan review with ONWASA for splash pad • June 2018 – Tennis courts completed and opened for use; letter of approval received from

ONWASA; contruction of splash pad began • August 2018 – submitted swimming pool plan review to Onslow County Environmental

Health; received punch list of items to complete and provide • October 2018 – Submitted reimbursement request for $127,370.62 to Connect NC • September 2018 to date – working on documnentation of items requested by Onslow

County Environmental Health. Finalizing details of state stormwater modification application with engineer; developing design for parking lot and researching additional funding sources for a LID option to reduce stormwater runoff; developing a park wide stormwater design in connection with the water runoff and drain for splash pad

• May 2018 – anticipated opening for first season of splash pad; RFP for parking lot project and possible grant applications for additional funding to contruct parking lot

15

Background Attachment(s): Presentation Recommended Action: None

_____________________________________________

Reviewed By: Town Manager __________ Finance Director _______________ Town Clerk _12/6/2018__ Town Attorney _______________ Date Action Approved by Board: _________________ Action if different from Recommended: _____________________________________________________________________________ __________________________________________________________________

16

Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager 12/4/2018 Finance Director Town Clerk 12/6/2018 Town Attorney 12/4/2018 Date Action Approved by Board: Action if different from Recommended:

_____________________________________________ Item To Be Considered: Adoption of Referenced Fire Code for Town Code of Ordinances Sections §91.21 - §91.24 (Ordinance 2018-O15)

Board Meeting Date: December 11, 2018

Prepared By: Mark Tessing, Fire Chief Overview: The purpose of this memo is to provide information and proposed amended language for adoption of the Referenced Fire Code as part of the Town Code of Ordinances Sections §91.21 - §91.24. The town’s reference to the fire code was discovered to have outdated information such as referencing the fire marshal’s office, which the town of Swansboro does not have. Also, it is important that the Fire Chief have jurisdiction over these matters. In addition, these necessary changes bring our references to the fire code up to North Carolina standards, to provide clear reference for the administration of the NC Fire Prevention Code. Another addition to this seciton includes Secured Key Access often referenced as a (Knox Box). Presently, we require key (knox) boxes as part of our Technical Review Committee (TRC) for review of new development. The code addition memorializes our intent to limit damages to property by having access and information in the event of a fire. Summary of changes: Deletion of §91.21 AMENDMENTS; SPECIAL REGULATIONS Deletion of §91.22 NFPA 1 APPENDICES ADOPTED Addition of A-D under §91.20 ADOPTION OF FIRE CODE BY REFERENCE Addition of §91.21 SECURED KEY ACCESS Renumbering of §91.22 FIRE ALARM SYSTEMS Renumbering of §91.23 NEW DEVELOPMENT AND CONSTRUCTION IN TOWN LIMITS Renumbering of §91.24 RESERVED Background Attachment(s):

1. Proposed amendment comments 2. Ordinance 2018-O15

Recommended Action: Motion to adopt Ordinance 2018-O15 effectively amending Chapter 91 of the Town Code of Ordinances.

17

18

19

20

21

22

TOWN OF SWANSBORO

ORDINANCE 2018-015

AN ORDINANCE AMENDING THE TOWN CODE OF ORDINANCES

ADOPTION OF FIRE CODE; REGULATIONS

Section 1. That Chapter 91.20 ADOPTION OF FIRE CODE BY REFERENCE of the

Town Code of Ordinances be deleted in its entirety.

This chapter adopts the current NFPA 1, the Fire Prevention Code of the National Fire

Protection Association and its incorporated standards and codes as published in the “National

Fire Codes” of the National Fire Protection Association and listed in Annex A of the current

NFPA Fire Prevention Code, save and except those portions such as are hereinafter deleted,

modified or amended by § 91.22 of this chapter. The same are hereby adopted and incorporated

as fully as if set out at length herein. One copy of the current issue of NFPA 1 and the adopted

standards and codes of the National Fire Codes shall be filed in the Town Hall.

(OC, § 3-2-12)

Section 2. That Chapter 91.21 AMENDMENTS; SPECIAL REGULATIONS of the Town

Code of Ordinances be deleted in its entirety.

NFPA 1, Fire Prevention Code of the National Fire Protection Association, is amended and

changed by adding the following regulations which shall be in addition thereto and are

incorporated therein by reference for purposes of enforcing this chapter:

(A) No person shall burn or cause to be burned any debris, trash, refuse, shavings, paper,

leaves, vegetation, litter or any disposed material outside of any structure, on or in any street,

alley, sidewalk, lot or yard in the Primary Fire District. (Sub. Ref. 3-1.1.15)

(B) To assure proper maintenance, all equipment identified in NFPA 1, Section 3-5.4 shall be

tested by qualified persons at least annually. Results of such tests shall be forwarded to the Fire

Marshal. (Sub. Ref. 3-5.4.1)

(C) The Fire Marshal may require that all premises be provided with a water supply system

installed in accordance with the provisions of NFPA 24 Standard for the Installation of Private

Fire Service Mains and their appurtenances where buildings or portions of buildings are

constructed and located in such a manner that access to public fire hydrants is minimal or of a

distance that the Fire Marshal can demonstrate that fire fighting operations would be

impaired. In no event shall hydrant spacing be in excess of 500 feet in accessible street distance

for use by fire apparatus in zoning areas permitting single family residences only and not in

excess of 300 feet in accessible street distance in zoning areas permitting condominiums,

townhouses, multi-family units, commercial buildings, industrial facilities or other uses. (Sub.

Ref. 3-5.5)

(D) The available water supply for new construction and occupancies shall be sufficient for

fire fighting operations as determined and required by the Fire Marshal using the most recent

23

edition of the Insurance Services Office Procedures for Needed Fire Flow as a guideline. (Sub.

Ref. 3-5.5.1)

(E) The water demand for sprinkler and/or standpipe systems shall not exceed 90% of the

available water supply. (Sub. Ref. 3-5.5.2)

(F) (1) Every owner of a rental residential dwelling unit lawfully constructed without smoke

detectors shall install or ensure that a smoke detector is installed in the corridor or other space

leading to every bedroom in each dwelling unit. The following are requirements for smoke

detectors which are required by this section:

(a) Be battery operated or attached to the building's electrical system;

(b) Be installed in accordance with the manufacturer's instructions;

(c) When activated, provide an audible alarm; and

(d) Have either a visible light to indicate operability or an audible trouble signal designed

to operate at least every minute for seven consecutive days.

(2) The owner of every rental residential dwelling unit where a smoke detector is installed

pursuant to this section shall maintain or ensure that the smoke detector is maintained and kept in

good working order except where such responsibility is assumed in writing by the tenant. If a

battery operated smoke detector is in use, batteries shall be replaced not less than once per

year. (Sub. Ref. 3-5.5.3)

(G) Motor vehicles transporting hazardous materials shall use N.C. 24 only, except when

making local deliveries when the shortest feasible route from N.C. 24 to the delivery point shall

be used. (Sub. Ref. 3-9.5.1)

(H) No person, firm, corporation or other business entity, its officers, agents, employees or

representatives shall deliberately, or through carelessness or negligence, cause the spill,

discharge, breakage or leakage of any hazardous material or create a danger to the safety of any

person or property. (Sub. Ref. 3-9.5.2)

(OC, § 3-2-28) Penalty, see § 91.99

Section 3. That Chapter 91.22 NPFA 1 APPENDICES ADOPTED of the Town Code of

Ordinances be deleted in its entirety, renumbered and re-worded as follows:

The following Appendices of NFPA 1, Fire Prevention Code of the National Fire Protection

Association, are hereby included as a part of the town's Fire Prevention Code, save and except

those portions which are deleted, modified or amended by this section. The same are hereby

adopted and incorporated as fully as if set out at length herein:

(A) Appendix A: NFPA Publications for Guidance;

(B) Appendix B: Text for Fire Safety Regulations;

(C) Appendix E: General Authority to Combat Fires and Related Emergencies;

(D) Appendix G: Code Violations;

24

(E) Appendix H: Establishing a Permit System;

(F) Appendix I: Certificates of Fitness;

(G) Appendix J: Suggested Requirements for On-Premises Fire Fighting Organizations;

(H) Appendix K: Industrial Equipment and Processes.

(OC, § 3-2-29)

Chapter 91.20 NPFA APPENDICES ADOPTED

(A) Except as hereinafter amended, the provisions of the North Carolina Fire Prevention

Code with all included Appendixes, current edition, adopted by the North Carolina

Building Code Council is hereby adopted and made applicable as the Fire Prevention

Code of the Town of Swansboro. A copy of such Code shall be maintained in the office

of the Fire Department, and in the office of the Town Clerk. The specific provisions of

the aforesaid state building code herein referred to as the fire prevention code are hereby

incorporated into this section as fully as if set out herein verbatim.

(B) The listed standards and publications which comprise a part of the Fire Prevention Code,

as the same may be periodically revised and updated, shall be applicable and enforced

within the town.

(C) Amendments to the North Carolina Fire Prevention Code, which are adopted and

published by the North Carolina State Building Code Council, shall be effective on the

date prescribed by the North Carolina State Building Code Council.

(D) The North Carolina State Building Code volume that is titled Administration &

Enforcement Requirements is hereby referenced for the administration of the North

Carolina Fire Prevention Code, current edition for periodic inspection of building altered,

repaired or rehabilitated in accordance with the Existing Building Code.

State Law reference— State building code including fire code mandatory throughout the state,

G.S. 143-138(e).

Section 4. That Chapter 91.22 of the Town Code of Ordinances be re-titled as SECURED

KEY ACCESS and read as follows:

(A) Any building, other than a residential building with less than four units, shall have

installed an approved secure key box for access by the Fire Department in case of emergency.

The key box shall contain master keys necessary for access to all portions of the premises and

such supplemental information as floor plans and lists of chemicals and hazardous materials

located within the building, as may be specified by the Fire Department.

(B) The key box shall be installed in a location accessible to and designated by the Fire

Department and shall be a type of master key box approved by the Fire Department.

25

(C) Buildings existing as of the date of adoption of this section shall be exempt from this

section until such time as any such building is sold; the building is improved, renovated, or

added to such that the improvements exceed 50% of the tax or appraised value of the property; or

a new occupancy permit is otherwise required for the property.

(OC, §§ 3-2-10 and 3-2-11)Penalty, see § 91.99Penalty, see § 91.99

Section 5. That Chapter 91.23 FIRE ALARM SYSTEMS of the Town Code of Ordinances

be renumbered as Chapter 91.22.

(A) No person shall interfere carelessly or willfully with any fire alarm system or injure the

poles, wires, boxes or other apparatus connected therewith.

(B) No person shall give or cause to be given any false alarm of fire by means of the fire

alarm system or otherwise.

(OC, §§ 3-2-10 and 3-2-11) Penalty, see § 91.99

Section 6. That Chapter 91.24 NEW DEVELOPMENT AND CONSTRUCTION IN

TOWN LIMITS of the Town Code of Ordinances be renumbered as Chapter 91.23.

(A) The town hereby directs and authorizes the Fire Chief or his appointee to review any

submissions or applications to the town concerning new and proposed developments and

construction in the town limits or in the one-mile extraterritorial jurisdiction area, for the purpose

insuring that any proposed developments comply with the provisions of this section as listed

herein. The Fire Chief or his appointee are further instructed to hold periodic inspections during

construction of any developments, to insure compliance with this section and other ordinances as

adopted by the town.

(B) It is hereby required that the Fire Chief or his appointee approve any development plans

and to withhold approval if necessary until the provisions of this section and other applicable

ordinances are met. Contractors and developers are to refrain from starting construction until the

approval of plans has been received.

(1) Fire lanes and hydrant access will be provided as directed by the Fire Chief. Existing

structures are to provide unrestricted access to buildings and hydrants as directed by the Fire

Chief or his appointee. Inspections are to be held periodically to insure this provision is met.

(2) New and existing commercial structures are required to comply with all federal and state

laws concerning the use and storage of hazardous materials. Inspections will be held by the Fire

Chief or his appointee and may be unannounced.

(3) New and existing structures will be required to install and protect fuel storage facilities

as directed by state and federal laws. Propane and liquid fuel storage cannot be installed closer

than required by the NC Fire Prevention Code. Exception to this will be considered by the Fire

Chief or his appointee where lot size or other structures prevent the required clearance. Propane

storage on commercial property will be protected by a minimum of eight-inch steel post filled

with concrete and anchored in concrete, located on all four sides of the storage unit(s).

26

(4) It shall be the developer’s responsibility to provide hydrants that meet the distance

requirements of the NC Fire Prevention Code. Cut offs for each hydrant will be provided by the

developer. Cut offs will be installed in the street where water mains are under the street and

within six feet of the hydrant where mains are not under the street. In addition, a master cut off

will be installed at the entrance to each street in a manner allowing shutdown of only one street if

needed. All water mains, hydrants and placement of these will be inspected by the Fire Chief or

his appointee, for compliance with this section, and state and federal laws and material standards,

before mains, valves and hydrants can be covered.

(5) All hydrants and valves are to be of a type consistent with those in use in the

town. Exceptions are subject to approval of the Fire Chief or his appointee. All fire hydrants

shall be engineered fire hydrants approved by the State of North Carolina.

(6) It shall be the developer’s responsibility to notify the Fire Department through the Town

Manager, as soon as the water and hydrant system is serviceable, so that a test of the system can

be conducted by the Fire Department. Water pressure must be consistent with the main tied to

and water volume must not be restricted by design or construction, below that of the main prior

to the connection. Fire flows must be consistent with the NC Fire Prevention Code.

(7) The provisions of this section do not preclude or eliminate any required inspections or

requirements of other agencies, local, county, state or federal.

(8) This section deals with fire protection aspects of development and does not preclude or

direct any change in other aspects of construction or development covered by existing laws or

ordinances.

(C) Violations of this section are subject to citations by the Fire Chief or his appointee and

fines may be levied for delay or refusal to correct violations.

(Ord. passed - -; Am. Ord. 2012-017, passed 12-18-12) Penalty, see § 91.99

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the Town of

Swansboro that the aforementioned Chapters be hereby amended as provided herein and made

effective on its date of adoption.

Adopted by the Board of Commissioners in regular session, December 11, 2018.

Attest:

_______________________ __________________________

Paula W. Webb, Town Clerk John Davis, Mayor

27

Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager Finance Director Town Clerk 12/6/2018 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Board Appointments Board Meeting Date: December 11, 2018 Prepared By: Paula Webb – Town Clerk/Admin Services Director Overview: Several board terms expire in the months of December and January. A list of those expirations is provided below as well as those members who seek re-appointment and a Talent Bank Log Sheet with those residents who have interest in serving. Tourism Development Authority – (see excerpt on board membership requirements attached) Junior Freeman – term expires 12/2018, has interest in re-appointment Jack Harnatkiewicz – term expires 12/2018, has interest in re-appointment Randy Swanson – term expires 12/2018, has interest in re-appointment In addition, the Board of Commissioners will also need to select a chairman for the TDA. Randy Swanson has indicated he would like to continue to serve as chair if re-appointed. Parks Board In addition to the three (3) re-appointments to consider below, there is still one (1) ETJ seat vacant. Larry Philpott – term expires 1/2019, has interest in re-appointment PJ Pugliese – term expires 1/2019, has interest in re-appointment Dusty Rhodes – term expires 1/2019, has interest in re-appointment Planning Board – (*see NCGS 160A-362 attached) Four (4) re-appointments to consider (3 intown, 1 ETJ). Laurent Meilleur – term expires 01/2019, has interest in re-appointment Larry Philpott – term expires 01/2019, has interest in re-appointment Ralph Kohlmann – term expires 01/2019, has interest in re-appointment Walter Hancock – term expires 01/2019, has interest in re-appointment (*ETJ – requires adoption of Resolution 2018-R12) Action to Consider:

1. Consider re-appointments to the Tourism Development Authority and Chair Selection 2. Consider re-appointments to the Park Board and appointment to ETJ vacant seat 3. Consider re-appointments to the Planning Board 4. Adopt Resolution 2018-R12 if applicable

Background Attachments: Excerpt – TDA membership requirements NCGS 160A-362 and NCGS 128-1.1 Talent Bank Sheet Resolution 2018-R12

28

Excerpt from Resolution 2011-R8 establishing the Swansboro Tourism Development Authority Section 2. Membership. The Swansboro Tourism Development Authority shall consist of six members, who shall be appointed by the Swansboro Board of Commissioners for a term of two years each that shall coincide with the calendar year; provided, however, that the initial appointments to the authority shall be for a term of 28 months, beginning September 1, 2011. Effective with the January 2014 appointments, membership of the Authority shall consist of 2-year staggered term appointments with three (3) members appointed by the Board of Commissioners at the end of each calendar year. The members shall serve at the pleasure of the Board of Commissioners, and any vacancies on the authority shall be filled by appointment of the Board of Commissioners. At least half of the members of the authority shall be persons who are active in the promotion of travel and tourism in the town, and at least one third of the members shall be persons who are affiliated with businesses that collect the room occupancy tax. Individual members may, if qualified, serve in- and fulfill the representation requirements for more than one category, and the Town officials shall be regarded as being active in the promotion of travel and tourism, so long as the Town appropriates funds in support of these purposes. The remaining member or members of the authority shall be appointed at the sole discretion of the Board of Commissioners and may include members of the town governing board or town administration. The Board of Commissioners shall designate the member of the authority who shall serve – at its pleasure – as the chair of the authority and shall determine the compensation, if any, to be paid to the members of the authority.

29

§ 160A-362. Extraterritorial representation.

When a city elects to exercise extraterritorial zoning or subdivision-regulation powers under G.S. 160A-360, it shall in the ordinance creating or designating its planning board provide a means of proportional representation based on population for residents of the extraterritorial area to be regulated. Representation shall be provided by appointing at least one resident of the entire extraterritorial zoning and subdivision regulation area to the planning board and the board of adjustment that makes recommendations or grants relief in these matters. For purposes of this section, an additional member must be appointed to the planning board or board of adjustment to achieve proportional representation only when the population of the entire extraterritorial zoning and subdivision area constitutes a full fraction of the municipality's population divided by the total membership of the planning board or board of adjustment. Membership of joint municipal county planning agencies or boards of adjustment may be appointed as agreed by counties and municipalities. Any advisory board established prior to July 1, 1983, to provide the required extraterritorial representation shall constitute compliance with this section until the board is abolished by ordinance of the city. The representatives on the planning board and the board of adjustment shall be appointed by the board of county commissioners with jurisdiction over the area. When selecting a new representative to the planning board or to the board of adjustment as a result of an extension of the extraterritorial jurisdiction, the board of county commissioners shall hold a public hearing on the selection. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The board of county commissioners shall select appointees only from those who apply at or before the public hearing. The county shall make the appointments within 45 days following the public hearing. Once a city provides proportional representation, no power available to a city under G.S. 160A-360 shall be ineffective in its extraterritorial area solely because county appointments have not yet been made. If there is an insufficient number of qualified residents of the area to meet membership requirements, the board of county commissioners may appoint as many other residents of the county as necessary to make up the requisite number. When the extraterritorial area extends into two or more counties, each board of county commissioners concerned shall appoint representatives from its portion of the area, as specified in the ordinance. If a board of county commissioners fails to make these appointments within 90 days after receiving a resolution from the city council requesting that they be made, the city council may make them. If the ordinance so provides, the outside representatives may have equal rights, privileges, and duties with the other members of the board to which they are appointed, regardless of whether the matters at issue arise within the city or within the extraterritorial area; otherwise they shall function only with respect to matters within the extraterritorial area. (1959, c. 1204; 1961, c. 103; c. 548, ss. 1, 13/4; c. 1217; 1963, cc. 519, 889, 1076, 1105; 1965, c. 121; c. 348, s. 2; c. 450, s. 1; c. 864, ss. 3-6; 1967, cc. 15, 22, 149; c. 197, s. 2; cc. 246, 685; c. 1208, s. 3; 1969, cc. 11, 53; c. 1010, s. 5; c. 1099; 1971, c. 698, s. 1; 1983, c. 584, ss. 1-4; 1995 (Reg. Sess., 1996), c. 746, s. 2; 2005-418, s. 11.)

30

31

TOWN OF SWANSBORO Resolution 2018-R12

Nomination(s) to Serve as Extraterritorial Representative(s)

WHEREAS, NCGS 160A-362 provides that the County Board of Commissioners is the appointing authority for extraterritorial representatives on municipal planning boards and boards of adjustment; and

WHEREAS, the Swansboro Board of Commissioners desires to recommend that the following resident(s) of its extraterritorial jurisdiction be considered for appointment to a planning-related board; NOW THEREFORE BE IT RESOLVED that the Town of Swansboro Board of Commissioners respectfully requests the following extraterritorial resident(s) be appointed by the Onslow County Board of Commissioners to the board(s) indicated: Municipal Board Nominee Address Term Expiration Planning Board Walter Hancock 129 Hilltop Drive 01/2022 Adopted this 11th day of December 2018. _____________________________ John Davis, Mayor Attest: ___________________________ Paula W. Webb, Town Clerk

32

Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager 12/4/2018 Finance Director 12/6/2018 Town Clerk 12/6/2018 Town Attorney 12/4/2018 Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Review of 1st Quarter FY 18-19 Financials

Board Meeting Date: December 11, 2018

Prepared By: Sonia Johnson, Finance Director Overview: The purpose of this memo is to provide a brief overview of financial information to be reviewed via a presentation for the December 11, 2018 Board of Commissioner’s meeting. In lieu of the continued information that has been requested from FEMA for reimbursements and the wrapping up of the FY 17-18 Audit, the presentation and information to be reviewed has not been completed. However, it is the goal prior to Tuesday’s meeting to share this information in advance of the meeting: Revenues v. Expenditures GF ended September 30 Excess/Loss over Expenditures GF ended September 30 Permit Fees ended September 30 Departmental Revenues v. Expenditures ended September 30 Festivals and Events TBD Stormwater Enterprise Fund Revenues v. Expenditures ended September 30 Solid Waste Enterprise Fund Revenues v. Expenditures ended September 30 Hurricane Florence Update Expenditures to date This 1st quarter review will not include discussion on financial personnel or software. It is expected that this discussion will take place in the opening review of the FY 19-20 budget. Background Attachment(s): Presentation forthcoming Recommended Action: The financial information to be shared on Tuesday December 11, 2018 is for the Board of Commissioners review and comment.

33