Town Council Minutes Morehead City, North Carolina  Tutsday,Augut13,024  The Honorable Council oft the Town ofMorehead City held its Regular monthly meeting on Tuesday, August 13, 2024, in the Council Chambers at City Hall located at 1100 Bridges  Street, Morehead City, North Carolina. COUNCIL PRESENT: STAFF PRESENT:  Mayor Gerald A. Jones, Jr.; Councilmembers Richard Abell, George Ballou, Lee Stiles, William Taylor, and Harvey Walker. City Manager Chris Turner, City Attorney Derek Taylor, Finance Director/Assistant City Manager JewelLasater, Assistant Finance Director Leeann Vinson, Public Services Director/Assistant City Manager Daniel Williams, Police Chief Bryan Dixon, Deputy Police Chief September Tuttle, Planning and Inspections Director Sandi Watkins, Fire-EMS Chief Courtney Wade, Parks and Recreation Director Jessica Mayo, Human Resources Director Leesa Jensen, Grant Manager Kelli Jones, Public Information Officer Anna Smith, Public Services GIS Specialist Nick Cunningham, Lead for North Carolina (LFNC) Fellow, Ariella Maceo Donald of the Carteret County News-Times, Kathryn Metts ofDowntown Morehead City Inc., Nick Basil,James Boyd, Jane Domer, Paula Hoffman, David Johnson, Doil & Victoria Killmon, Larry Shovar, Joey Smith, Diana Tootle, John Wade,  Gerrig, and City Clerk Cathy Campbell.  OTHERS PRESENT:  and James H. Walker, Jr.  Mayor Jones called the Regular meeting oft the Morehead City Town Council to order at 5:30 p.m. with a quorum present. Councilmember Ballou gave the invocation and MayorJones  led the pledge of allegiance. CONSENT AGENDA ITEMS  Mayor Jones asked ift the Council desired to make any changes to the Consent Agenda. The Consent Agenda generally consists of housekeeping items that have been previously discussed and recommended by the Council Committees for Council consideration.  Hearing no requests, Councilmember Stiles made a motion to adopt the Consent Agenda as presented. Councilmember Taylor seconded, and the motion was carried  unanimously. (5-0)  Included within the Consent Agenda were the following approvals: Morehead City Town Council Regular Meeting August 13, 2024  1    A. Approve the minutes of the July 9, 2024, Regular Town Council Meeting as presented. B. Approve the minutes oft the July 22, 2024, Special Town Council Meeting as presented.  C. Accept the Finance Director and Tax Collection Reports as Presented.  D. Accept the Notice of Ad Valorem Tax Overpayments in the amount of $4,005.64 for the E. Approve the Requests for Refunds of Overpayment of Ad Valorem Taxes in the amount  month ofJuly 2024, as presented. of$0.00 for July 2024, as presented. Finance and Administration Committee. Administration Committee.  F.  Accept the Estimated Fund Balance Report as presented and recommended by the  G. Accept the July 2024, Grant Report as presented and recommended by the Finance and H. Approve the CDBG-DR Grant Funding Americans With Disabilities Act Policy for Elijah's Landing, LLC Project as presented and recommended by the Finance and Approve the CDBG-DR Grant Funding Equal Employment Opportunity Policy for Elijah's Landing, LLC Project as presented and recommended by the Finance and Approve the CDBG-DR Grant Funding Fair Housing Policy for Elijah'sL Landing, LLC Project as presented and recommended by the Finance and Administration Committee. K. Approve the CDBG-DR Grant Funding Language Access Policy for Elijah's Landing, LLC Project as presented and recommended by the Finance and Administration  Administration Committee.  I.  Administration Committee.  J.  Committee.  L. Approve the CDBG-DR Grant Funding Davis Bacon and Related Acts Policy for Elijah's Landing, LLCI Project as presented and recommended by the Finance and Administration  Committee.  M. Adopt Budget Ordinance Amendment 2024-21 as presented and recommended by the N. Adopt Governmental Capital Project Budget Ordinance Amendment 2024-22 as presented and recommended by the Finance and Administration Committee. O. Accept the Sale ofSurplus Items Under Threshold Report as presented and recommended  Finance and Administration Committee.  Morehead City Town Council Regular Meeting August 13,2024  2    by the Finance and Administration Committee (Additional items not available for Approve the Amendment to the Purchasing and Contract Policy as presented and recommended by the Finance and Administration Committee, Public Services  inclusion in last month' 's report).  P.  Committee, and Public Safety Committee.  Q. Adopt Ordinance 2024-0-13, to Amend the Code of Ordinances to comport with new NCGS 160A-175 as presented and recommended by the Finance and Administration Committee, Public Services Committee, and Public Safety Committee.  R. Approve the lease agreement with Trade Land Company, LLC. for the property located at 800 Shepard Street for a one (1)y year term ini the amount of $42,000 plus ad valorem taxes in 2024, charged by the County and the City as presented and recommended by the Finance and Administration Committee, Public Services Committee, and Public Adopt Resolution 2024-R-43, authorizing staff to file an application with the North Carolina Local Government Commission for approval of a financing agreement for the purchase of a 2022 Pierce Enforcer Custom Aerial Tower Truck as presented and  Safety Committee.  S.  recommended by the Finance and Administration Committee.  T. Adopt Resolution 2024-R-44, approving financing terms for the purchase of a 2022 Pierce Enforcer Custom Aerial Tower Truck as presented and recommended by the  Finance and Administration Committee.  The above ordinances are filed in Ordinance Book #9; Resolutions are attached to and made a  part ofthe minutes herein. PUBLIC HEARINGS  Consider Adoption of Resolution 2024-R-40, Authorizing an Amendment to LUP to  Reclassify Block 71 as Downtown Residential  Mayor. Jones opened the public hearing and called upon Planning Director Sandi Watkins toi make her report. Ms. Watkins stated that Staffhas initiated ai request to adopt Resolution2024- R-40 authorizing an amendment to the Morehead City Plan 2032 Comprehensive Land Use Plan (LUP) to reclassify Block 71, also known as the 900 Block of Evans and Shepard Streets, from Downtown Coret tol Downtown Residential ont thel Future. Land Usel Map. Block71 is located between Evans and Shepard Streets and South gth and 10th Streets. The request was initiated following receipt of requests from most of the property owners within the block. A map was presented  depicting the properties from which requests were: received.  Morehead City Town Council Regular Meeting August 13, 2024  3    The requested Downtown Residential designation is consistent with the residential use and zoning of the block, which is R5S - Single-Family Residential. The Downtown Core classification is described as a mix ofcommercial, employment, and entertainment. Downtown Residential classification is described as primarily single-family residences with a mix ofhouse sizes and styles on small lots. Ms. Watkins cited the following as justification for changing the  block designation:  The block is adjacent to the Downtown Residential designation. The most appropriate land uses in Downtown Residential are single family The block is zoned for single family residential and contains residential uses. The intent ofthe Downtown Residential district is to preserve and enhance the City's oldest residences. Six oft the homes were constructed prior to 1950 with three The Planning Board reviewed the request on July 16, 2024, and unanimously recommended In accordance with NCGS 160D-601, this public hearing was advertised in The Carteret News Times, once per week for two (2) successive weeks on Sundays, July 28 and August 4, 2024, and the CAMA District Planner was notified. Notices were also posted on the City's website and on the bulletin boards at City Hall. Property owners both within and abutting rights- of-way surrounding the block were: notified in writing of this public meeting and public hearing.  residential and institutional.  being constructed prior to 1921.  approval with Glenn Curtis making the motion and Ronetta Gaskill seconding.  At this time, Mayor Jones invited those who wished to speak in favor of or in  opposition to the proposed annexation to come forward.  PUBLIC COMMENTS  Paula Hoffman, 907 Evans Street: Ms. Hoffman thanked Staff for hearing their request. She stated that their block does not match the description ofDowntown Core buti it does match the description of] Downtown Residential and thei many blocks to the west. She noted that the two (2) parking lots within the block existed before zoning was instituted, and the entire block including the two (2) parking lots are zoned R5S (Residential). Ms. Hoffman reported that 14 ofthe 18 property owners, or 78%, signed an agreement oft the request.  David Johnson, representing his parents who live at 905 Evans Street: Mr. Johnson expressed the concerns of his parents, stating that they have lived at this location for over 50 years and have worked hard to maintain and improve their home. The property is part of who they are and they desire to live there for the remainder of their lives, after which, they plan to leave it to their children. This is a safe, quiet neighborhood that offers a sense of community. Thei rezoning will prevent the location ofbusinesses within the block that wouldi increase parking problems and alter the neighborhood feel of the block. He asked the Town Council to approve  the request.  Morehead City" Town Council Regular Meeting August 13,2024  4    Doil Killmon, 900 Shepard Street: Mr, Killmon stated that hel has lived at this location for 60 years. The residential neighborhood begins at his home and extends through to the Curb Market and into the Promised Land, and it was his position that it should be maintained as a residential neighborhood. He noted that one oft the neighbors experienced difficulty getting his home plans approved due to the LUP designation. When The Bask was first built, he and his neighbors were concerned that the hotel would create a lot ofi noise; however, they have proven to be good neighbors. He asked that the Town Council approve the request to "draw a line" where commercial activity is to end and to maintain their: residential neighborhood.  James Boyd, 906 Shepard Street: Mr. Boyd stated that hel has lived at this location for approximately 31 years and feels that the neighborhood will change drastically ifthe designation  is not changed. He closed urging the Town Council to approve the request.  Joey Smith, 906 Evans Street: Mr. Smith stated that he cannot see any reason why the Town Council would not approve this request. He stated that parking is already a problem and  allowing businesses to extend into the block would only make it worse.  Seeing that no one else was coming forward to speak, Mayor Jones closed the public Councilmember Stiles stated that he spoke with Mr. and Mrs. Kilman at their property and confirmed that their property is the dividing line between commercial and residential areas. He expressed agreement with adopting the ordinance to amend the LUP map as requested. Councilmember Stiles made a motion to adopt Resolution 2024-R-40, authorizing an amendment to the Morehead city Plan 2032 Comprehensiveland Use Plan to reclassify Block 71, also known as the 900 Block of Evans and Shepard Street, from Downtown Core to Downtown Residential on the Future Land Use Map. Councilmember Taylor seconded, and  hearing.  the motion was carried unanimously. (5-0)  Resolution 2023-R-40 is attached. to and made aj part oft the minutes herein.  Consider Adoption of Ordinance 2024-0-11, Approving the Rezoning of 507 N. 12th Street Mayor Jones opened the public hearing and called upon. Planning Director Sandi Watkins to make her report. Ms. Watkins reported that a request was received to rezone the property located at 407 N. 12th Street (Tax PIN #638615524998000), lying on the east side of the North 12th Street right-of-way from CM (Commercial Marina) District tol R5 (Residential): District. An existing dwelling, constructed in 1955, is located on the site. A survey of the property depicts an area located outside of and along the western boundary ofthe North 12th Street right-of-way  which would be zoned to R5: ift the request is approved.  Morehead City" Town Council Regular Meeting August 13,2024  5    Surrounding zoning classification include. R5a and CM. Surrounding land usesi includes single- family dwellings and accessory uses, vacant land, and the Edgewater Motel. The area isi included in the Downtown neighborhood planning area andi isi identified as Downtown Residential on the Future  Land Use Map.  The Planning Board evaluated the request during their July 16, 2024, meeting and unanimously voted to recommend approval oft the rezoning request having found it to be generally consistent with the Town's Comprehensive Plan and Development Policies contained in "The Morehead City Plan 2032," reasonable, and int the public'sinterest. A copy ofthe Planning Board's  resolution was included int the meeting packet.  In accordance with NCGS 160D-601, this public hearing was advertised in The Carteret News Times, once per week for two (2) successive weeks on Sundays, July 28 and August 4, 2024. Notices were mailed tot the property owners ofabutting properties as well as being posted on the City's website and on the bulletin boards at City Hall. The property was also posted. Ms. Watkins advised that this is a conventional rezoning request and is not subject to conditions and may not be subject to further review by the Town Council if this request is approved. However, the Development will be required to meet the standards outlined in the  UDO.  At this time, Mayor Jones invited those who wished to speak in favor of or in  opposition to the proposed rezoning to come forward.  PUBLIC COMMENTS  Seeing that no one was coming forward to speak, Mayor Jones closed the public hearing. Councilmember Stiles stated that he visited the property and spoke with the owner. The request was: submitted tol build a bulkhead and was assured that thel bulkhead would not encroach the neighbor's property. The property owner further explained to Councilmember Stiles that the right-of-way is the issue, which is having an impact on his desire to build on the property. Councimember Taylor asked Public Services Director/Assistant City Manager Daniel Williams if there were any utilities within the right-of-way that would be impacted. Mr. Williams explained that only the rezoning is being considered at this time, and the zoning classification would: not have an impact on any utilities within thei right-of-way. The request for al bulkhead has not been submitted for consideration, and the street end that the City owns and  maintains would have tol be considered in relation to that request.  Councilmember Taylor made ai motion, but before the vote was taken, Councilmember Walker asked tol be recused base on a family relationship. Councilmember Stiles made ar motion to recuse Councilmember Walker. Councilmember Taylor seconded and the motion was  carried unanimously. (4-0)  Morehead City Town Council Regular Meeting August 13, 2024  6    Councilmember Taylor then restated his motion to adopt Ordinance 2024-0-11, approving the rezoning of507N N. 12th Street (Tax PIN# #63861552498000. which includes an unzoned approximately 8-to-12-foot-wide appurtenance extending north along the eastern property line adjacent to and not within the right-of-way, from unzoned and CM(Commercial Marina) District to) R5_Residential) District, and Resolution 2024-R-41 of Plan Consistency in accordance with NCGS 160D-605 for Map Amendment. Councilmember Abell seconded, and Ordinance 2024-0-11 is filed in Ordinance Book and. Resolution 2023-R-41 is attached to and Consider Adoption of Ordinance 2024-0-12, Approving the Rezoning of 4610 Bridges  the motion was carried unanimously. (4-0; Walker was recused)  made aj part of the minutes herein.  Street  Mayor Jones opened the public hearing and called upon Planning Director Sandi Watkins to make her report. Ms. Watkins advised that a request was received to rezone the property located at 4610. Bridges Street (Tax PIN #636611634316000). lying on the north side ofE Bridges Street from to R5 (Residential) to 0&P (Office & Professional) District. The property is  currently vacant.  Ms. Watkins presented a plan for a 20-unit multifamily development that was approved in 2007 but was never developed. The request at that time included conditions related to the multifamily development and boat storage. The current request may not include conditions because it is a conventional rezoning request, however, it would be required to meet current  Unified Development Ordinance (UDO) standards.  Surrounding zoning includes OP to the west, R5 to thei north at Clearwater on County Club condominiums, R20 to the east at Morehead City Primary School, and CH (Highway Commercial) across Bridges Street and the railroad right of way to the south. The area is included in the Midtown neighborhood planning area and is identified as Commercial Corridor  ont the future land use map.  The Planning Board reviewed the request during their July 16, 2024, meeting and unanimously voted to recommend approval oft the rezoning request having found it to be generally consistent with the Town's Comprehensive Plan and Development Policies contained in "The Morehead City Plan 2032," reasonable, and in the public'sir interest. A copy oft the Planning Board's  resolution was included in thei meeting packet.  Al list ofallowable uses for and OP District was displayed and Ms. Watkins advised that any of these uses could be located on the property subject to the standards in the UDO, if the request is approved. She reminded the Council that an approval may not be based upon a specific use, and that the request is to rezone from a conditional zoning district to a conventional zoning  Morehead City" Town Council Regular Meeting August 13,2024  7    district which would not be subject to conditions and may not be subject to further review by the  Town Council ifapproved.  In accordance with NCGS 160D-601, this public hearing was advertised in The Carteret News Times, once per week for two (2) successive weeks on Sundays, July 28 and August 4, 2024. Notices were mailed to thej property owners of abutting properties as well as being posted  on the City's website and on the bulletin boards at City Hall.  At this time, Mayor Jones invited those who wished to speak in favor of or in opposition  to the proposed rezoning to come forward. PUBLIC COMMENTS  John Wade of Arendell Engineers, 1004 Arendell Street: Mr. Wade, on behalf of Ron Perry, respectfully requested approval of the rezoning request. It was his understanding that the property was previously zoned 0&P prior to the rezoning for the 2007 development proposal. He advised that the owner has the property listed for sale and has an agreement for  purchase for what is likely tol be a dental facility.  Seeing that no one else was coming forward to speak, Mayor Jones closed the public Councilmember Abell made a motion to adopt Ordinance 2024-0-12, approving the rezoning of 4610 Bridges Street (Tax PIN 636611654316000. from R5-CZ (Residential = Conditional Zoning) District to OP (Office & Professional): District, and Resolution 2024-R-42 of Plan Consistency in accordance with NCGS 160D-605 for Map Amendment. Councilmember Stiles seconded, and the motion was carried unanimously. (5-0) Ordinance 2024-0-12 is filed in Ordinance Book and Resolution 2023-R-42 is attached to and  hearing.  made aj part of the minutes herein. CITY MANAGERS REPORT  City Manager Chris Turner congratulated City Clerk Cathy Campbell on completing her Master Municipal Clerk (MMC) Certification. He stated that requirements to achieve her certification included an extensive educational component, professional and social service components as well as a commitment to lifelong continuing education. And he congratulated Human Resources Specialist Kristen Flexer on completing her IPMA-CP Certification (International Public Management Association for Human Resources Certified Professional). He then welcomed the City's new Purchasing Officer Sarah Currie who comes to city as the former Finance Director of Atlantic Beach; Parks and Recreations Administrative Support Manager Morgan Gilbert who also comes to the City from Atlantic Beach where she served as  Morehead City" Town Council Regular Meeting August 13,2024  8    their Parks & Recreation Coordinator; and the City's new Municipal Intern, Lead for North Carolina (LFNC) Fellow, Ariella Gerrig, who graduated from East Carolina University with a  Political Science degree.  Mr. Turner reported that the NC: East Alliance is serving as the lead in conjunction with Carteret Community College and the City to formalize a Blue Economy Week. The Blue Economy Week is a key initiative for the Alliance that consists of 29 counties. Several key education and marine stakeholders to include all of the County's coastal/marine research universities as well as commercial and retail marine sectors and members ofthe Big Rock Board ofDirectors will gather on August 22, 2024, to lay out the details of the week. Morehead City will serve as. host for the Blue Economy Week in 2025, which will include al boat show featuring as select group ofthe largest NC boat manufacturers. Mr. Turner was proud to report that Mayor  Jones is the only mayor that was invited to sit on the NC. Alliance Board.  All ofthe City's public notice outlets will be utilized to announce to the public that the City is transferring its tax billing and collection services to the Carteret County Tax Department. The Carteret News Times is also assisting with getting the message out to the public by  publishing an article in their August 14, 2024, edition.  Mr. Turner provided a debrief on Hurricane Debby which only had minimal impacts to city operations and the August 10, 2024, Electrical Storm that had a great impact to City The Water Treatment Plant experienced bypass flows due to stormwater volumes resulting in ai requirement to file notice, by letter, to North Carolina Department of Environmental Quality (NCDEQ). It was stressed that this was not a spill. Multiple fire calls were received between 2:00 and 10:00 a.m. to include a fully engulfed boat fire on Evans Street resulting ini total loss caused by a lightning strike. Al lightning strike to the 911 Center with equipment damage and some fire channel Damage to the Morehead City Police Department (MCPD) Chiller serving the 911 Damage to City Hall's switches and network equipment limiting WIFI access, Mr. Turner advised that the response by VC3, the City's Information Technology (IT) vendor, to the technology systems issues was unacceptable VC3, and resulted in the City seeking assistance from Satellite Army who responded immediately and got the City back online. Mr. Turner stated that he is proud oft the Staff's response in all areas and noted that that staffwithin the Police Station worked long hours with: no air conditioning. Chief Wade reported that a lightning data map showed that Morehead City received 4,390 lightning strikes within a  operations. The following damages were reported:  Two submerged vehicles with occupants upon Hwy 70 West.  communication loss. Center.  Damage tol MCPD's full load generator. elevator service, and camera systems.  Morehead City Town Council Regular Meeting August 13,2024  9    45 minute period. His department received: five (5) power alarm activations, two (2) residential lightning strikes, one( (1) commercial lightning strikei in addition tot the 911 Center, one (1)smoke investigation call, and one (1) partial structure collapse at the hospital construction site.  Mr. Williams explained that only 100,000 gallons of the total 4.1 million gallons of wastewater bypassed the City's last stage oftreatment, and noted that although reportable, it did not result in a threat to public health. Hei reported that 13 lift stations were also hit by lightning. Ity was an all hands situation to address the issues. Mr. Williams also commended his employees  who were on the job before he arrived.  Finance Director/Assistant City Manager Jewel Lasater stated that the storm served as a wakeup call as to what could happen in a major event and stressed the importance of adding an IT Director position sO there is a knowledgeable staff member onsite to repair IT damages following a critical incident. Police ChiefDixon agreed, saying it was a good litmus test. He shared that Retired Police Captain Gene Guthrie was willing to help and jumped in where needed. Staff suffered in the heat but continued to work diligently despite the lack of air  conditioning.  In closing, Mr. Turner announced that all non-emergent City offices will be closed on  Monday, September 2, 2024, for the Labor Day holiday. CITIZEN RPOUISISCOMMENTS (3 Minute Time Limit)  James H. Walker, Jr., 1503 Bay Street: Mr. Walker thanked the City Manager and Mr. Williams for responding sO quickly to his request for help to address overgrown vegetation  and a dilapidated fence. COUNCIL COMMENTS  Councilmember Walker thanked staff for the storm update and for rising to the occasion. Councilmember Ballou thanked everyone for their calls and prayers following his ATV Councilmember Stiles stated that he was thankful that God spared Councilman Ballou's Councilmember Taylor stated that the public services staff overseeing the Water Plant do a tremendous job during such storms and pointed out that they are the same crew that are  accident, and expressed his thankfulness that he sustained no permanent injuries. life, and thanked his fellow councilmembers, Mayor Jones, and Staff for their service.  building a major infrastructure project.  Councilmember Abell congratulated the City Clerk for obtaining her certification and noted that city staff always comes together during crisis and special projects to get the job done.  Morehead City" Town Council Regular Meeting August 13,2024  10    Mayor Jones thanked Mr. Turner and Staff for their debriefreport. He stated we should never assume a storm is going to be just a little blow; mother nature is unpredictable and the storm referred to as "Little Debby," that extended from the Tennessee state line to just off the APPROVE' THE JULY9, 2024, CLOSED SESSION MINUTESAS PRESENTED  coast ofl North Carolina, had quite an impact.  After a silent review of the minutes, Councilmember Walker made ai motion to approve the. July 9, 2024, Closed Session minutes as presented. Councimember Abell seconded and  the motion was carried unanimously. (5-0)  CLOSED SESSION  Councilmember Walker moved to enteri into Closed Session at 6:30 p.m. per N.C.G.S. 143-318.11(A)6 to consider the qualifications, competence, performance, character, and fitness of current or prospective public officer or employee; N.C.G.S. 143-318.11(AX5)t0 establish or to instruct staff or negotiation agents in negotiation of the price and other material terms of a contract concerning or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; and N.C.G.S. 143-318.119(A)3) to consult with the City Attorney to protect the attorney-client privilege and to consider and give instructions concerning a judicial action titled Morehead City V Sandlin. Councilmember Stiles seconded, and the motion was carried unanimously. (5-0)  Councilmember Walker moved to return to Open Session at 8:14 p.m. Councilmember  Ballou seconded, and the motion was carried unanimously. (5-0)  ADJOURNMENT  There being no other business to discuss,  adjourned the meeting at 8:15  p.m.  Attest:  CITY  E  Catius Canphod ( Cathy CampbeltCity Clerk  1858  Morehead City Town Council Regular Meeting August 13, 2024  11