board of commissioners agenda 2016-11-22 18-00c7a9863b-59c9...2019/01/22  · board of commissioners...

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Town of Swansboro Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem Frank Tursi, Commissioner Roy Herrick, Commissioner Brent Hatlestad, and Commissioner Philip Keagy. Commissioner Pat Turner was absent and excused from the meeting. ********************************** Call to Order/Opening Prayer/Pledge of Allegiance The meeting was called to order at 6:00 pm. Mayor Davis gave the invocation and led the Pledge of Allegiance. On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi, Commissioner Turner was excused by unanimous vote. Public Comment Citizens were offered an opportunity to address the Board regarding items listed on the agenda. Scott Chadwick/101 Oyster Bay Road encouraged the Board to find funds to make necessary repairs to the seawall at Ward Shore. After considering the comments made last month, he believed that closing that portion of Water Street during construction of the living shoreline may not be a bad idea. Jack Swartz/414 Water Street reminded the Board of the overwhelming opposition too closing the street by those residents that lived around Ward Shore. He felt that the use of the park would change significantly once the living shoreline was created and that should be considered before a decision was made on what was done with the street. By waiting until after the living shoreline was completed, it would provide an opportunity to properly consider options for traffic movement. He referenced NCGS 160A-299, which indicated that when closing a street all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street. Marilynn and Tom Cullison/127 Hawkins Creek Road thanked Manager Chase for his thorough research and preparation of the noise ordinance amendments. They did not feel the decibel meters could measure noise across the river and bottom line, they wanted to sleep at night and not be awoken by bass music noise. Rob Armstrong/307 Elm Street felt the proposed noise ordinance language was subjective. He cautioned the Board not to place too many restrictions on the business district downtown, commenting that if you live near a business district, then one must expect some noise. He was concerned with the comments coming from citizens who

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Page 1: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

Town of Swansboro

Board of Commissioners

January 22, 2019 Regular Meeting

In attendance: Mayor John Davis, Mayor Pro Tem Frank Tursi, Commissioner Roy

Herrick, Commissioner Brent Hatlestad, and Commissioner Philip Keagy.

Commissioner Pat Turner was absent and excused from the meeting.

**********************************

Call to Order/Opening Prayer/Pledge of Allegiance

The meeting was called to order at 6:00 pm. Mayor Davis gave the invocation and led

the Pledge of Allegiance.

On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi,

Commissioner Turner was excused by unanimous vote.

Public Comment

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

agenda.

Scott Chadwick/101 Oyster Bay Road encouraged the Board to find funds to make

necessary repairs to the seawall at Ward Shore. After considering the comments made

last month, he believed that closing that portion of Water Street during construction of

the living shoreline may not be a bad idea.

Jack Swartz/414 Water Street reminded the Board of the overwhelming opposition too

closing the street by those residents that lived around Ward Shore. He felt that the use

of the park would change significantly once the living shoreline was created and that

should be considered before a decision was made on what was done with the street. By

waiting until after the living shoreline was completed, it would provide an opportunity

to properly consider options for traffic movement. He referenced NCGS 160A-299,

which indicated that when closing a street all right, title, and interest in the right-of-way

shall be conclusively presumed to be vested in those persons owning lots or parcels of

land adjacent to the street.

Marilynn and Tom Cullison/127 Hawkins Creek Road thanked Manager Chase for his

thorough research and preparation of the noise ordinance amendments. They did not

feel the decibel meters could measure noise across the river and bottom line, they

wanted to sleep at night and not be awoken by bass music noise.

Rob Armstrong/307 Elm Street felt the proposed noise ordinance language was

subjective. He cautioned the Board not to place too many restrictions on the business

district downtown, commenting that if you live near a business district, then one must

expect some noise. He was concerned with the comments coming from citizens who

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did not live in town limits, not paying town taxes. He also inquired if all violators

would be treated equally.

Mike Egan/Salt Water Grill owner shared his appreciation to Scott Chase for all he had

done for the community adding that he had been a true asset to the Town. With regards

to the noise ordinance, he stated that Swansboro was a unique community where a

business district and residential areas adjoined. He urged the Board to find a common

ground that did not put restrictions that impeded growth and negatively affected

businesses, especially during the off-season.

Randy Swanson/Ice House-BORO Café owner shared that he felt the downtown

businesses provided most of the livelihood and that music and food were what brought

visitors downtown. The needs of many should be considered and not be outweighed by

the needs of a few. He urged the Board to consider what the downtown business

district provided to the community.

Cathy Brown/404 Water `Street agreed with Mr. Swarts comments on Ward Shore. If

the Board moved forward with the one-way street option, she had concerns with the

parking on the north side and would prefer the parking be on the south side.

Adoption of Agenda

On a motion by Commissioner Herrick, seconded by Mayor Pro Tem Tursi, the Agenda

and Consent Item below was unanimously approved.

Special Event Application/Mad Hatter Tea Party

Recognitions/Presentations

a. Jonathan R. Barlow Introduction – Interim Manager

Mayor Davis introduced Jonathan Barlow who would serve as Interim Manager

following the resignation of Manager J. Scott Chase. Mr. Barlow welcomed all to Town

Hall and felt fortunate to serve the Town during its search for the next Manager.

b. J. Scott Chase Recognition – Town Manager

Manager J. Scott Chase was presented with a resolution acknowledging varied projects,

initiatives and process improvements during his tenure with the Town. The resolution

also expressed appreciation for his professional collaboration with former and current

Board members and staff.

Manager Chase thanked the staff for their support stating that the Town was in good

hands with Interim Manager Jon Barlow.

Page 3: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Public Hearing

a. CAMA Future Land Use Plan Update

Swansboro officials decided that the 2009 Land Use Plan (LUP) no longer encouraged

smart land use decisions that would balance growth with the protection of

environmentally sensitive areas within the town limits and its extraterritorial planning

and zoning jurisdiction (ETJ). While satisfied with most of the contents, leaders decided

to revisit land use designations and update the Future Land Use Map, specifically. The

amended CAMA land use plan, would provide significant components that would

prepare the town to guide new development, invest public resources, and protect its

charming coast and estuarine habitat.

Jay McLeod of Stewart Engineering reviewed a road map for the future and described

the land uses for the Town today and in the future. He noted that most LUP’s were

updated every 10 years. Updates may be needed earlier due to growth, if the plan was

no longer responsive, incorporation of new plans, concerns about environment,

appearance, congestion and connectivity. The community had been engaged

throughout the review process. The following themes showed up regularly throughout

the development process and the six goals that came from the input received included:

• Preserve and enhance Swansboro’s charming coastal character

• Foster growth that sustains and enriches the community

• Prioritize the natural environment that was key to Swansboro’s quality of life

• Transform NC 24 into a welcoming thoroughfare to Swansboro and its historic

downtown

• Develop as a connected community

• Build community resilience in a changing environment

Mr. McLeod reviewed the difference between the old LUP and the different zones that

were established. Those new zones were, Traditional Town Center, Suburban Town

Center, Coastal Traditional Neighborhood, Low Density/Suburban Neighborhood,

Rural Agricultural, Light Industrial/Employment, Conservation Priority Area and

Gateway Corridor. The document was a guiding tool and the next steps would be to

send the plan forward to the Coastal Resources Commission for review and approval as

a CAMA Land Use Plan and implement recommendations. Stewart Engineering would

back up staff in the efforts of clarification, training, edits as necessary, data transfer of

files and documents.

The public hearing was opened at 6:37pm.

Laura Matthews/764 Queens Creek Rd had hoped there would be an O/I preference on

her property across from the high school instead of residential.

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Scott Chadwick/101 Oyster Bay was encouraged with the quality of life elements and

hoped that would mean there would be a continuance of upgrading the parks

beginning with Ward Shore. He was extremely interested in the staff aspect and felt

that the town had a tremendous staff that was overworked and underpaid. He hoped

that would be considered during the upcoming budget review. Lastly, he added that

the Gateway plan was being ignored and urged the Board to support its own plans.

The public hearing was closed at 6:40 pm.

Mayor Pro Tem Tursi was very proud of the plan and what it represented. The

committee and staff, which he chaired, worked very hard and should be commended.

They were determined not to have another cookie cutter plan. Residents want the

Gateway corridor to be welcoming as one drove through town. The plan incorporates

the changing environment.

Board members expressed appreciation to the committee and staff and looked forward

to its implementation.

On a motion by Mayor Pro Tem Tursi, seconded by Commissioner Herrick

Resolution 2019-R2 was adopted formally approving the CAMA Land Use Plan Update.

The vote was unanimous.

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

2019-R3 was adopted honoring the CAMA LUP Steering Committee for their service to

the Town of Swansboro. Those committee members in attendance were presented with

a final copy of the adopted document along with the resolution. The vote was

unanimous.

Business Non-Consent

a. Noise Control Ordinance Amendment – Chapter 92: Nuisances; Health

After carefully considering the review of ordinances from other communities in Eastern

NC/Coastal/small town/Downtown/Waterfront Commerce, a new draft amendment to

Town Code Chapter 92: Nuisances; Health was presented. Chief Ken Jackson reviewed

the amendments from a nuisance enforcement standpoint. He informed that decibel

readings were hard to enforce because the instrument to measure them picked up all

types of background noise, therefore not reliable. The instruments were also expensive

and hard to keep calibrated. Attorney Parson stated that he would like to speak with

district attorneys regarding the prosecution rate. Staff would need to be adequately

trained on the meters. Chief Jackson felt the proposed language was less cumbersome

and easier to enforce/prosecute if necessary.

Page 5: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Commissioner Keagy was concerned with the focus on just downtown noise. There

were other noises in town that were disturbing, such as dump trucks banging

dumpsters in early hours of the day, noise from trucks along the highway and some of

those were more of a nuisance than music across the river. He did not want the

downtown business owners to feel that the town was only focused on them and urged

the town not to let other noise nuisances fall through the cracks.

Manager Chase shared that the proposed ordinance addressed other such noises as

mentioned by Commissioner Keagy. He reviewed that the proposed draft ordinance

which included general prohibitions to noise and references to plainly audible and

various activities that could produce noise contrary to compliance with Chapter 92.01 –

92.06. The scope of the ordinance applied to all sound, vibration and noise originating

within the corporate limits of Swansboro. As such, nothing in the ordinance should be

construed to limit or prevent the town or any person from pursuing any other legal

remedies for damages or the abatement of noises in the town.

A new ordinance included a Purpose of Noise Control recognizing that excessive and

unnecessary noise endangered the physical/emotional health and welfare of the people,

created public nuisances and in other respects reduced the quality of life. In addition,

the regulation of noise was well within the purview of the town police powers.

Extensive key definitions added included bass, amplified sound, noise, impact,

pollution, source, persons responsible, plainly audible, reverberation and unreasonably

loud, disturbing or excessive noise. As shared at the November 27 Board meeting,

defining noise was essential and as such was defined as any sound that was undesirable

because it interfered with speech and hearing, or was intense enough to damage

hearing, or was otherwise annoying. Any sound that was unwanted and/or unwanted

sound not occurring in the natural environment and that caused or tended to cause an

adverse psychological or physiological effect on human beings. Noise could also be one

or a group of loud, harsh, non-harmonious sounds or vibrations that were present and

irritating to the ear and any undesired plainly audible sound.

As was with most cases, there would always be exceptions to the rules. Those were

provided in Section 92.04 Noise Exceptions. There were certain noises that were generally

normal and customary - those were outlined accordingly. New to the ordinance was

noise permits. The ordinance outlined a 48-hour turnaround time for persons or group

of persons that may produce or cause to produce sound in excess of levels authorized

by the ordinance. In issuing or denying the permit, considerations would be made by

the Police Chief for the timeliness of the application, the nature of the requested activity,

previous experience with the applicant, other activities near the proposed location, the

frequency of the application, the cultural or social benefit of the proposed activity and

the effect of the activity on residential areas of the Town. Generally, such requests

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should parallel with an event sanctioned and coordinated by the Town. Events held on

private property should follow standards outlined in the application and/or granted as

permitted within the conducting of their business or may be granted as part of a Special

or Conditional Use Permit.

Last, penalty provisions had been modified to consider an aggressive approach to

repeat violators of the ordinance. The penalties recommended in Chapter 92.06 would

subject the offender to a civil penalty in the amount of $100 for the first offense, $250 for

the second, $500 for the third, $750 for the fourth and $1,000 for the fifth. Each day’s

continuing violation would be a separate and distinct offense. In addition to or in lieu of

remedies authorized by the ordinance, violations of the ordinance may be prosecuted as

a misdemeanor in accordance with G.S. §160A-175.

In response to an inquiry from the Board, Manager Chase and Attorney Parson agreed

that it would be acceptable for the garbage disposal description to be more inclusive to

other vehicles that made loud noises such as delivery trucks closing their tailgates.

Several areas within the ordinance needing certain time parameters defined were

reviewed.

92.01 Noise Control

(B) (2) Instruments; sound amplifiers. The playing of any musical instrument or

electronic sound-amplification equipment in such manner or with such volume,

that would unreasonably disturb persons of ordinary reasonable sensibilities in

the vicinity;

- No timeframe

(B) (3) Garbage disposal. The dumping or emptying of garbage containers into

garbage trucks; operating exterior mechanical trash compactor; or placing or

removing of garbage containers with motor vehicles shall be prohibited between

the hours of ______.

- 10 pm to 7 am was suggested, however, Manager Chase would also

consult with the Town’s garbage collection service provider and provide

feedback at the next meeting.

(B) (6) Construction activities. The erection (including excavation), repair,

assembly, alteration, landscaping or demolition of any building in a residential

or business district other than between the hours of _____ and ______, except in

the case of emergency work or urgent necessity in the interest of public safety;

- 7 am to Sunset

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92.04 Noise Exceptions

(B) (11) Lawn mowers, agricultural equipment, and landscape maintenance

equipment used between the hours of ______ and ______ when operated with

mufflers or other noise-reducing equipment as recommended by the equipment

manufacturer’s instructions;

- 7 am to Sunset

(B) (13) Sound amplification equipment used in conjunction with

telecommunications systems on business properties to notify employees of that

business incoming phone calls provided that this system be used only between

the hours of _____ and _____ and that any speakers attached to the system be

oriented toward the interior of the property;

- 7 am and 11 pm

After discussion on definitions, permits, and penalties, staff was directed to define

“offender”, make Section 92.06 Noise Permits less complicated and the penalty fees per

offense be $200 for the 1st, $300 for the 2nd, $500 for the 3rd, $750 for the 4th, and $1,000

for the 5th.

8:15pm recess 8:22pm reconvened

b. Ward Shore Park Stabilization Project – Living Shoreline Update (Water Street)

Following direction by the Board at its January 8, 2019 regular meeting, Staff worked

with the low bid contractor, Crystal Coast Engineering and the NC Coastal Federation

to develop options and prepare a timeline for the Ward Shore Park Shoreline

Stabilization Project.

Parks & Rec Director Brittany Shipp shared that there were approximately 256 linear

feet of failed wood on the bulkhead of Ward Shore Park, which had been further

impacted by Hurricane Florence. There was funding in the amount of $49,500 and the

Major CAMA Project permits was valid through December 31, 2021. The Living

Shoreline Project was bid out in July 2018, with a low bid of $154,199. In working with

the low bidder, a repair cost of $42,000 was provided for the bulkhead.

Mrs. Shipp reviewed the conceptual designs and benefits of a living shoreline. The

actual cost to complete the living shoreline project after received grants funding would

be $104,699, however, an alternative after cost modifications would be $46,600. The cost

of just replacing the bulkhead was estimated at $42,100. Mrs. Shipp indicated that the

living shoreline would be an eligible project for use of funds from the Parks &

Recreation Reserve Fund and potential funds could be available in the Waterfront

Page 8: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Implementation Project Fund. Additionally, the project was marked as an urgent

project through the FEMA Grant portal, but a timeline was unknown for that grant.

It was anticipated that additional cost savings would be found once the changes to the

design had been made. Staff was recommending an early February bid process with a

much shorter time frame for submittals. This would allow for construction to begin in

March with a required completion in May. The timeline suggested allowed for the

Living Shoreline to be completed with ample time for the road work to take place on

Water Street within the necessary 319 Grant timeline.

To proceed with completion of the living shoreline, the Board would need to approve a

budget amendment at the February meeting.

In response to an inquiry from the Board, Mrs. Shipp shared her opinion that the

shoreline needed to be addressed first, but traffic movement could be accomplished at

the same time and was in favor of one-way street design with four pervious parking

spaces.

Manager Chase clarified that the cost to do one-way traffic ($69,000) was primarily

supported by the 319 grant funds for the permeable parking area. Currently, parking at

Ward Shore occurred in the grass area and had resulted in ruts and torn up asphalt. The

proposal would be to take half the roadway and make it permeable for parking and the

remainder of the road would be asphalt for traffic.

On a motion by Commissioner Keagy, seconded by Commissioner Herrick, Ordinance

2019-O1 amending the Swansboro Town Code of Ordinances to modify Water Street

along Ward Shore Park to one-lane (westbound) from Spring Street to Elm Street was

adopted. The motion passed 3:1.

Ayes: Keagy, Herrick, Hatlestad

Noes: Tursi

Mayor Davis suggested a deadline of May 31st for completion of the living shoreline.

Mayor Pro Tem Tursi did not feel it was necessary to apply a deadline because there

was always a possibility of it extending beyond a deadline for many reasons such as

weather delays. Commissioner Hatlestad shared that he supported a deadline

especially since the project was a 2017 approved project.

In response an inquiry from the Board whether the deadline could be met, Mrs. Shipp

was confident that placement of the rock sill and backfill of the sand could begin in

March, however, she was unsure if the marsh plantings could meet that timeline. Dr.

Alexi Weaver with the Coastal Federation informed that the planting window for marsh

grass to ensure success was in April, May, and early June. Many of the nurseries would

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not have the plants available until May, but once available they do not take much time

to plant.

Commissioner Herrick and Commissioner Keagy did not oppose a deadline of May 31st

or June 15th to give consideration for possible weather delays.

On a motion by Commissioner Herrick, seconded by Commissioner Keagy, staff was

directed to bring back a Budget Amendment for $46,600 from the Parks &

Recreation Reserve Fund with a deadline for the living shoreline to be completed by

June 15th. The vote was unanimous.

Mayor Pro Tem Tursi insisted that all future budget amendments have a deadline.

c. FY 2019/2020 Budget Calendar Adoption

On a motion by Commissioner Keagy, seconded by Commissioner Herrick the

2019/2020 Budget Calendar was adopted by a unanimous vote.

Public Comments

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

the agenda. No comments were offered.

Manager’s Comments

Manager Chase shared that he appreciated his time with Swansboro.

Interim Manager Jon Barlow shared that Mr. Chase had made the transition seamless,

and appreciated the time spent with him.

Mr. Barlow informed that he had attended a NC 24 Corridor Study meeting. Over the

next year the Town would be hearing more about the upcoming 26-mile review from

Highway 172 intersection all the way to where NC24 terminated in Morehead City.

There would be small projects in the jurisdiction of Swansboro and there may be state

funding to get portions complete. The first 6 months would be the design phase, the

next 6 months would be spent doing cost estimates. In a year, there would be more

discussion, public meetings, forums and map reviews.

Comments

⁕ Commissioner Herrick thanked Scott and appreciated the time he worked with him.

⁕ Mayor Davis hoped the vision statements would be displayed soon in public

buildings.

Page 10: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Closed Session

Due to the late hour, closed session was cancelled.

Adjournment

On a motion by Commissioner Keagy, Commissioner Herrick the meeting adjourned at

8:55 pm by unanimous vote.

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Regular MeetingJanuary 22, 2019

1. Please turn cell phones to “off” or “vibrate”.

2. The Board offers the public three opportunities to speak during the

meeting:

A comment period is offered at the beginning and end of the meeting.

Please note that a separate opportunity is provided for those items

requiring a public hearing.

Public Hearing(s) – There is one public hearing scheduled for this

meeting.

3. Individuals making presentations or comments are asked to adjust the

microphone as necessary and to speak directly into the microphone.

Page 12: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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PUBLIC COMMENT

Citizen opportunity to address the Board for items listed on the agenda.

AGENDA AND CONSENT ITEMS

Action Needed: Motion to Adopt the Agenda as prepared (or amended) and approval of the

Consent Items

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Interim Manager IntroductionJonathan R. Barlow

Presenter: Mayor John Davis

Town Manager RecognitionJ. Scott Chase

Presenter: Mayor John Davis

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CAMA Future Land Use Plan UpdateSwansboro officials decided that the 2009 Land Use Plan (LUP) no longer encouraged smart land use decisions that would balance growth with the protection of environmentally sensitive areas within the town limits and its extraterritorial planning and zoning jurisdiction (ETJ). While satisfied with most of the contents, leaders decided to revisit land use designations and update the Future Land Use Map, specifically. Consequently, this plan is not an entirely new CAMA land use plan, but an update of significant components that will prepare the town to guide new development, invest public resources, and protect its charming coast and estuarine habitat.

Action Needed: 1) Hold a public hearing; and 2) Motion to adopt Resolution 2019-R2 formally approving the CAMA Land Use Plan Update;and3) Motion to adopt Resolution 2019-R3 Honoring the CAMA LUP Steering Committee fortheir service to the Town of Swansboro

Public Hearing

Presenters: Andrea Correll, AICP/Planner and Stewart Engineering

Town of Swansboro

CAMA Land Use Plan Update

Council Adoption Hearing

January 22, 2019

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Swansboro CAMA Land Use Plan Update

A CAMA Plan does:

• Provide guidance anddirection on policy andregulatory (UDO) updates

• Provide a roadmap for futuredevelopment and investmentdecisions

• Communicate a community’svision and goals for the future

• Help inform rezonings anddevelopment decisions

What is this Land Use Plan for?

A CAMA Plan does not:

• Infringe on existing usesor buildings

• Handcuff, decision-makers during rezonings

• Invoke downzonings ofdeveloped properties

• Create nonconformities

• Change the UDO

Swansboro CAMA Land Use Plan Update

• Town experiencinggrowth

• Past plan no longerresponsive

• New plans needed to beincorporated

• Concerns aboutenvironment

• Concerns aboutappearance, congestion,and connectivity

The update

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Swansboro CAMA Land Use Plan Update

Community Driven Planning

Swansboro CAMA Land Use Plan Update

• Refined goals and objectives

• Enhanced consideration ofenvironment and agriculture

• Context-sensitive characterareas

• Focused development areas

• Enhanced appearance andsense of place

• Interconnectivity and activity

• Incorporates climateresiliency

Community Plan

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Swansboro CAMA Land Use Plan Update

VCAPS & Resiliency

• Flooding & floodplains

• Stormwater management

• Storms & storm surge

• Sea level rise

• Asset vulnerability

Swansboro CAMA Land Use Plan Update

Community Vision

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Swansboro CAMA Land Use Plan Update

Future Land Use

Swansboro CAMA Land Use Plan Update

Future Land Use Map

OLD FLUM NEW FLUM

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Swansboro CAMA Land Use Plan Update

Traditional Town Center

Swansboro CAMA Land Use Plan Update

Suburban Town Center

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Swansboro CAMA Land Use Plan Update

Coastal Traditional Neighborhood

Swansboro CAMA Land Use Plan Update

Conservation Priority Areas

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Swansboro CAMA Land Use Plan Update

Gateway Corridor Character Areas

Swansboro CAMA Land Use Plan Update

Rural Agricultural

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Swansboro CAMA Land Use Plan Update

Light Industrial / Employment

Swansboro CAMA Land Use Plan Update

Low Density / Suburban Neighborhood

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Swansboro CAMA Land Use Plan Update

Town Staff:

• Bring the Plan forward to CRCfor review: 1st review 75-days

• Implement recommendations

Stewart will back up staff:

• Clarifications

• Training

• Edits necessary for CRCapproval

• Data transfer of files anddocuments

Next Steps

Swansboro CAMA Land Use Plan Update

Thank You:Commissioners and P&Z Board,

Stakeholders,Steering Committee,

Staff, &

Residents!

Page 24: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Noise Control Ordinance Amendment- Chapter 92: Nuisances; Health (review deferred on 1.8.19)

At the November 27, 2018 Board of Commissioners meeting staff provided information and ordinance language that could be considered for amending the town's noise ordinance. After carefully considering the review of ordinances from other communities in Eastern NC/Coastal/small town/Downtown/Waterfront Commerce, please find included herein, a draft amendment to Town Code Chapter 92: Nuisances; Health.

Action Needed: Review draft ordinance for consideration and discuss, review, and provide feedback to consider future ordinance revisions if desired and subsequent consideration for adoption at the February 12, 2019 Board of Commissioners meeting.

New Business/Non-Consent

Presenter: J. Scott Chase, ICMA-CM, AICP/Town Manager

Chapter 92.01 – 92.06 Noise ControlOverview:

92.01 – Noise Control : General Prohibitions and sounds that could be construed as noise. For clarification will need to determine if time frame should be used, such as “removing of garbage containers with motor vehicles shall be prohibited between the hours of?”; Construction activities; reference to sound amplification “particularly”

General scope: This ordinance shall apply to all sound, vibration and noise originating within the corporate limits of town.

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Chapter 92.01 – 92.06 Noise ControlOverview:

92.02 – Purpose : Why? It is recognized that excessive and unnecessary noise endangers the physical and emotional health and welfare of the people…..

Well within the purview of the town police powers, it is purposed to prevent, prohibit, and provide for the control and abatement of excessive and unnecessary noise

Chapter 92.01 – 92.06 Noise ControlOverview:

92.03 – Definitions :

• Amplified Sound

• Bass

• Noise

• Noise impact, pollution, source

• Plainly Audible

• Reverberation

• Unnecessary and Unreasonable Noise

Page 26: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Chapter 92.01 – 92.06 Noise ControlOverview:

92.04 – Exceptions (Normal and customary sounds) :

• Sound emanating from regularly scheduled outdoorathletic events

• Construction activities (timeframe)

• Garbage disposal (timeframe)

• Emergency Vehicles

• Aircraft

• Lawn equipment (timeframe)

Chapter 92.01 – 92.06 Noise ControlOverview:

92.05 – Noise Permits:

• Standards included for permits for exceeding noise forevents; Allowed for private property or event?

92.06 – Noise Penalty:

• Any violation - 1st offense ($100); 2nd offense ($250); 3rd

offense ($500); 4th ($750); 5th ($1,000)

• Violations may be prosecuted as a misdemeanor

Page 27: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Ward Shore Park Shoreline Stabilization Project – Living Shoreline UpdateFollowing direction by the Board at its January 8, 2019 regular meeting, Staff worked with low bid contractor, Crystal Coast Engineering and the NC Coastal Federation to develop options and prepare a timeline for the Ward Shore Park Shoreline Stabilization Project.

Action Needed: 1) Review and discuss timeline/options and provide staff with direction on shoreline stabilization project at Ward Shore Park; and2) If discussion still provides support for a one-way street along that portion ofWater Street by Ward Shore, consider motion to adopt Ordinance 2019-O1amending Chapter 74 Traffic Schedules as provided.

New Business/Non-Consent

Presenters: J. Scott Chase, ICMA-CM, AICP/Town Manager

Ward Shore Park Shoreline Stabilization Project

Living Shoreline

Page 28: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Project Overview

• To replace approximately 256 LF of failing woodbulkhead with a more natural bank stabilizationtechnique – living shoreline

• Funding Sources• Division of Water Resources $ 24,750• Onslow County Tourism $ 16,750• Swansboro TDA $ 8,000• Original Project Budget $49,500

•Major CAMA permit issued – valid throughDecember 31, 2021

•Project went out for bid in July 2018•Three bids were submitted• Low bid of $154,199.99

•Reviewed with low bid, engineer and NCCoastal Federation to determine cost savingopportunities•Reviewed sea wall post Florence with MarineContractor•$42,000 to repair

Page 29: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Design for Ward Shore Park Living Shoreline

Page 30: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Benefits of Living Shoreline

• Reduced Erosion

• Maintained natural marsh

• Protected coastal habitat

• Filtered and improved water quality

• Buffered shore from changing water levels

• Longer term than sea walls or other hardened structures

• Proven beneficial to shoreline stabilization after Hurricane Florence

• “Living shorelines recommended for effective and lasting shorelinemanagement as storm repairs continue”

• “Their performance is a real testimony to the value and integrity of livingshoreline approaches that more naturally protect shorelines from erosion”

• Regarding living shorelines v. seawalls – “living shorelines have proven tobe longer term”

Page 31: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Living Shoreline next to bulkhead after Hurricane Florence

Property behind bulkhead after Hurricane Florence

Living Shoreline at the Trinity Center before Hurricane Florence

Living Shoreline at the Trinity Center after Hurricane Florence (high tide)

Page 32: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Actual Low Bid Figures

With Cost Modifications

Sea Wall Replacement

Surveying & As Builts $ 9,500 $ 0

Permanent Benchmarks $ 2,500 $ 0

Erosion Control $ 4,000 $ 4,000

Geotextile Fabric $ 6,700 $ 6,700

Bedding Stone $ 42,000 $ 30,800

Granite $ 76,500 $ 49,500

Fill $ 10,500 $ 10,000

Reflectors $ 2,499.99 $ 100

Minor Modification $ 100

Grant Funds ($ 49,500) ($ 54,500)

Sea Wall Replacement $ 42,000

TOTAL COST TO COMPLETE $ 104,699.99 $ 46,600 $ 42,100

Page 33: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Timeline

February

• Re-bid project andsubmit minormodification to DCM

March-April

• Construction of theliving shoreline

May

• Community plantingand projectcompletion

• Bulkhead Replacement $ 42,100

• Living Shoreline $ 46,600

• Parks and Recreation Reserve $ 69,199• Portion could be allocated towards the funds needed to complete once

insurance disbursements and FEMA allocations are approved

• Waterfront Plan Implementation• Once grants from Bicentennial Park are completely reimbursed there is a

possibility of funds to allocate to Ward Shore Park Living Shoreline

Page 34: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Recommended Action:

Provide staff with direction on shoreline stabilization project at Ward Shore Park

Review Phase II and Water St. Traffic Flow in the vicinity of Ward Shore Park

Phase II Project – Water Street – One Way

Page 35: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Phase II Project – Water Street – Two Way

Phase II Project – Water Street – Removed

Page 36: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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Recommended Action:

Approve Ordinance 2019-O1 amending the Swansboro Town Cose of Ordinance to modify Water Street along Ward Shore Park to one-lane (westbound) from Spring Street to Elm Street

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FY 2019/2020 Budget Calendar AdoptionA draft FY 2019/2020 Budget Calendar has been prepared for consideration.

Action Needed: Motion to approve FY 19/20 Budget Calendar

New Business/Non-Consent

Presenters: Sonia Johnson/Finance Director

Page 39: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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PUBLIC COMMENT

Citizen opportunity to address the Board.

Page 40: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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MANAGER’S COMMENTS

J. Scott Chase, Town Manager

BOARD COMMENTS

Mayor John DavisMayor Pro Tem Frank TursiCommissioner Pat TurnerCommissioner Roy HerrickCommissioner Philip Keagy

Commissioner Brent Hatlestad

Page 41: Board of Commissioners Agenda 2016-11-22 18-00C7A9863B-59C9...2019/01/22  · Board of Commissioners January 22, 2019 Regular Meeting In attendance: Mayor John Davis, Mayor Pro Tem

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CLOSED SESSIONAction Needed: Motion to enter closed

session pursuant to NCGS 143-318.11 (a) (3) to consult with the attorney in order to preserve the attorney-client privilege.

ADJOURN