Town of Swansboro Board of Commissioners Meeting Minutes Tuesday, April 12, 2016

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1 Town of Swansboro Board of Commissioners Meeting Minutes Tuesday, April 12, 2016 Call to Order The meeting was called to order at 6:00 p.m. Board members in attendance were: Mayor Scott Chadwick, Mayor Pro Tem Phil Keagy, Commissioner Pat Turner, Commissioner John Lister, Commissioner Frank Tursi, and Commissioner Roy Herrick. Mayor Scott Chadwick gave the invocation. Public Comment No comments were offered during the first comment period. Adoption of Agenda On a motion by Commissioner Tursi, seconded by Commissioner Herrick the agenda for April 12, 2016 was approved. The vote was unanimous. Employee Health Benefits Chad Laymon of the Laymon Group gave a brief presentation on employee health benefits. Under the new health care laws put in place last year, employers with under 50 employees were not required to offer health care benefits. The Town of Swansboro had 30 full time employees on staff and did offer health care to its employees. Mr. Laymon covered topics such as: Individual Health Insurance Exchange Pros and cons for small employers cancelling health care insurance and providing an increase in pay to help cover the cost of health insurance were; some employees (especially lower income) will receive heavily subsidized health insurance, other employees would not receive subsidies at all. Because of this, some employees would profit significantly from this strategy and some would end up paying a lot more for health insurance, which could create unfair balance and disgruntled employees. Group Plan Ratings Because the Town of Swansboro had under 50 employees health conditions of the employees would not play a part in the rate received. Swansboro was rated on community rating system that used the zip code, age of the employee and whether the employee used tobacco products. Health Care Reimbursement Arrangement (HRA) An employee reimbursement arrangement that reimburses employees for gaps in their medical plan. HRA s could 1

2 reduce cost without reducing benefits. Savings from the increased gaps in coverage would be reimbursed to the employees who actually incurred services that fell within the gaps in coverage. As an example: Health Savings Account (HSA) a tax-advantaged medical savings account available to employees who were enrolled in a high-deductible health plan (HDHP). The funds contributed to an account were not subject to federal income tax at the time of deposit and would be used for qualifying healthcare expenses. The Laymon Group recommended that an HAS only be offered with a more traditional plan alongside it. An HAS can be confusing to employees and was not always their best option based on their health. Flexible Spending Account (FSA) a tax-advantaged medical and dependent care savings account available to employees through a cafeteria plan. Funds contributed to an account were not subject to federal income tax at the time of deposit and could be used for qualifying healthcare expenses. Mr. Laymon explained the differences between the FSA and HSA. To participate in an FSA you did NOT have to participate in a HDHP Use it or lose it. If employees did not use FSA funds by the end of the grace period, they lose it. FSA medical funds were prefunded to each employees account in full. FSA offered the option for Dependent Care child care. Why do Employers Offer Benefits to attract and retain the best employees, supports better morale, and provides for healthier employees, which meant more productive employees. Communication should the Town select to work with the Laymon Group for healthcare benefits, representatives would conduct 1 on 1 meetings and group meetings with the employees, provide a total compensation statements, portals, and benefits plan 2

3 benchmarking. Each employee would receive a personnel handbook, an HR hotline, benefits administration software, HR support portal and customer service support. Public Hearing UDO Amendments Article 2 and Article 19 - Town Planner, Andrea Correll introduced text amendments to Article 19, Sections 1-5. The proposed amendments were a result of the desired changes recommended in the moratorium ordinance that was adopted on March 8, Mrs. Correll explained that amendments to Article 19 Traffic Impact Study would better ensure that all development had improvements that assured that there would be no negative impact on the existing transportation network. Amendments to Article 19 Section 19-1 Traffic Impact Study would; 1. Assess the impact 2. Insure that the network was not adversely impacted 3. Identify solutions/infrastructure improvement to be incorporated into the proposed development and transportation network. Amendments to Section 19-2 Conduct; 1. Require the traffic impact study be submitted by a sealed registered NC professional traffic engineer, other than the Town s Engineer. 2. The study would be reviewed and approved by the Town s Traffic Engineer. 3. All cost would be covered by the applicant, developer and/or petitioner 4. Prior to submittal, a scoping meeting with planning staff, the Town s traffic engineer, and the preparer would be held. The purpose of the scoping meeting was to establish the following at a minimum: Study area Planned and committed roadway improvement by NCDOT and others Road section/intersection to be studied Projected Trip generation Traffic Distribution Planned/Approved developments to be considered Traffic growth rate Traffic data and periods for which analysis is performed Amendments to Section 19-3 Applicability; 1. A traffic impact study shall be required for all projects where the Town Manager, or his/her designee, 2. Has determined that the site would have a significant impact on the transportation network of the Town of Swansboro. Which included: Special Use Permit where estimated traffic exceeds 200 trips/day 3

4 Single Business where estimated traffic exceeds 200 trips/day Single Family Residential where estimated traffic exceeds 400 trips/day Apartments,Condominiums and Townhouse where estimated traffic exceeds 400 trips/day Planned Unit Development where estimated traffic exceeds 400 trips/day Campground and Campground subdivision where estimated traffic exceeds 400 trips/day Manufactured Home Park where estimated traffic exceeds 400 trips/day Amendments to Section 19-4 General Requirements and Standards; Traffic Impact Studies would contain the following: A. General Site Description B. Transportation Facilities Description C. Existing Traffic Condition D. Transportation Impact of the Development E. Analysis of Transportation Impact which at a minimum would include: Existing Background( including ambient growth and approved development) Built(Background + Site Generated Trips) Build+ Improvements(Build with recommend capacity mitigation improvements) F. Conclusion and Recommended Improvements: Capacity mitigation recommendations may be necessary for roadways and / or study area intersections that were projected to operate at deficient levels of service and delay for the Build scenario. All roadways and / or study area intersections projected to operate below a LOS D in urban areas or below a LOS C in rural areas shall be considered deficient. Should delay at an intersection or intersection approach increase by 25%, that intersection/intersection approach shall be deficient. Determination of a facilities urban or rural classification shall be determined by the Town staff and Town s Traffic Engineer in the project scoping meeting prior to the onset of the study. Potential capacity mitigation improvement recommendations include (but are not limited to): modifications to internal circulation design, modifications to site access location and / or design, external roadway widening, external intersection modification (turn lane construction, etc.), intersection signalization, upgrades to 4

5 network signal timings, and / or improvements to area transit service. All capacity mitigation improvement recommendations shall be designed and provided to the Town for review, comment and approval. All recommended improvements to State maintained facilities are subject to NCDOT approval (for State maintained facilities). Amendments to Section 19-5 Submission and Implementation; The traffic impact study would be submitted to the Administrator with the application. Ordinance 2016-O4 as prepared and explained above would read as: (Space left blank intentionally) 5

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12 Board members shared the following comments, suggestions and points of clarification; The scooping meetings would allow staff to assist with data that a developer may not always have. As an example, with the Walmart project, if the scooping meeting had been in place, staff could have provided the out of town traffic engineer with data about the Norris Road intersection and the fact that there was a school drop off point on this road. Within Ordinance 2016-O4 (above), the last sentence of Section 19-2 should be moved after the second sentence in the first paragraph for better clarification. The qualifications of the preparer may be discussed at or prior to this meeting. Staff would speak with those developers with subdivisions already under plat review and those that were developing under a phased approach. Note: Those subdivisions that had recorded lots would not have to meet the new regulations, nor those that were under review within the appropriated timeframe provided within the UDO. The ordinance, as written, was quite sophisticated and left little room for interpretation beyond what was written, but it was noted that the ordinance was 12

13 proactive. The Staff, Planning Board and Traffic Engineer had worked diligently to develop language that addressed issues related to traffic impacts caused by new development in order to protect the health, safety, and welfare of the Town's residents. The public hearing was opened at 7:30 p.m. Comments were heard from: Junior Freeman of 220 Harborview Drive felt that the proposed text amendments would impose regulations that would create additional dollars that developers would have to incur, discouraged business development, would delay projects by 2-3 months, and takes away property rights. He questioned why the licensed engineer for the Town could not complete all reviews. He also felt the Town should consult with NCDOT to rekindle the idea of a bypass around Swansboro. The public hearing was closed at 7:35 p.m. On a motion by Commissioner Lister, seconded by Commissioner Tursi, Ordinance 2016-O4 was adopted effectively amending those sections in Article 19, Sections 1-5 as described above with the one change to Section 19-2 moving the last sentence after the second sentence in the first paragraph for better clarification. The qualifications of the preparer may be discussed at or prior to this meeting. Further, that the proposed amendments were consistent with the current Comprehensive Plan and other applicable plans and policies, including, but not limited to, the Gateway Vision Plan, and considered the action taken to be reasonable and in the public interest because it provided the structure for Town staff to proactively address issues related to traffic impacts caused by new development in order to protect the health, safety, and welfare of the Town's residents. The vote was unanimous. Public Comment Kathy Fulcher of 15 Manor Lane asked the Board to consider sidewalk improvements throughout town. Although complimentary of Chief Jackson and his efforts to improve the department, she was concerned that only one police officer was on duty during the night and felt that Swansboro had a drug issue that needed more attention. Manager s Comments Manager Chase read aloud a draft letter to the Walmart Developers expressing the Town s concerns regarding the Norris Road and Queens Creek Road intersections. In conversation with the developers, Manager Chase noted that NCDOT had indicated that the Queens Creek Road intersection would be improved through their transportation improvement process. The developer had agreed that the signal at Norris Road provided for a better and safer development, but was skeptical to make any changes that would require them to go back through a review process. They had 13

14 even went so far as to share that they may be willing to make the improvements on the front end if the Town would send a letter that would guarantee no further review would be required. The draft letter provided the developers the assurance that no additional review would be required if they would proceed with installing the signal at Norris Road. There was concern that the letter could set precedent for future development, but the terms of the letter were justified. Manager Chase was also awaiting review of the draft letter by Attorney Parson. He stated that the fact of the matter was, Walmart could build tomorrow without the signal or any suggested improvements. He felt it was in the best interest of the Town to work with the developers to assure the signal got installed. On a motion by Commissioner Lister, seconded by Mayor Pro Tem Keagy, Manager Chase was authorized to send the letter pending review by Attorney Parson. The vote was unanimous. Manager Chase announced that he intended to have a preliminary unbalanced budget review and hearing at the April 26 th meeting. Board Comments Board members shared their appreciation to Staff and the Planning Board members for their efforts in reviewing the UDO and presentations on the amendments. On a question of when the Church Street Gazebo would be completed, Manager Chase informed that the contract deadline was April 29 th. The penalty to the contractor after that date was $500/day. Mayor Chadwick clarified that the Police Department was working hard and the insinuation that they were not working on drug related incidents was not correct. Upcoming events: Swan Fest Summer Concert Series would begin on May 17 th and would run through September on Sunday evening downtown. Memorial Day May 31 st Town Hall and Recreation Center would be closed Arts By The Sea Festival would be held on June 11 th downtown 14

15 Adjournment On a motion by Mayor Pro Tem Keagy, seconded by Commissioner Tursi, the meeting was adjourned at 8:26 pm by unanimous vote. Attest: Approved by the Board of Commissioners: Paula W. Webb, Town Clerk Scott Chadwick, Mayor 15