The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, November 5, 2003.

COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Paul F. Keller, Councilor Neil Morrison; and Councilor Monica Thibodeau.

OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton and Town Attorney Donald I. McRee, Jr.

Mayor Schwarz called the meeting to order at 7:00 p.m. Mayor Schwarz led the Pledge of Allegiance and the moment of silence.

SPECIAL PRESENTATION

Recognition of Volunteers Who Assisted the Town during Hurricane Isabel

Mayor Schwarz stated he wanted to recognize the people who helped out during Hurricane Isabel. Eighteen volunteers were recognized with a certificate of appreciation and a Town of Duck t-shirt. Mayor Schwarz presented Town Manager Layton with a certificate for his outstanding service during Hurricane Isabel. Mayor Schwarz then named the twelve other volunteers that could not be present that had helped out during the hurricane.

Mayor Schwarz called Councilor Paul Keller to the podium. He stated that this would be Councilor Keller’s last Council meeting. Mayor Schwarz gave a short background on Councilor Keller’s work in helping get the Town of Duck incorporated. He then gave Councilor Keller a plaque and a hand-carved duck decoy in appreciation of his service to the Town of Duck.

Councilor Keller made a short speech to show his appreciation.

PUBLIC COMMENTS

Mayor Schwarz opened the floor for public comments. He asked that comments in regard to the public hearings be held off.

Don Ramsay, president of the Snow Geese Dunes Landowners Association was recognized to speak. Mr. Ramsay complimented the Town staff on the many accomplishments that have been made. He suggested the Council reassess how the Town communicates with property owners. He suggested a monthly newsletter that would list any changes to the ordinances. He asked if any data is available that states the number of resident and non-resident owners. He asked that the access to Snow Geese Dunes be exempted from letting motor vehicles drive on the beach.

Ron Howe was recognized to speak. Mr. Howe stated that there are two taxi companies on the beach and they charge a ten dollar minimum fee to pick up passengers in Duck. He stated that Kill Devil Hills and Nags Head are issuing a taxi business permit and asked that Duck take the regulations that Kill Devil Hills and Nags Head have in place and copy them, which would eliminate the minimum fee.

There being no one else wishing to speak, Mayor Schwarz closed the time for public comments.

PUBLIC HEARINGS

PUBLIC HEARING ON ORDINANCE 03-16, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF DUCK, NORTH CAROLINA, TO PROVIDE FOR MAJOR AND MINOR HOME OCCUPATIONS

Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated the ordinance was introduced at the last Council meeting and is recommended by the Planning Board to establish major and minor home occupations for businesses run out of homes. She stated that minor home occupations are for people who run bookkeeping operations, wedding planners and those who meet their clients off-site. Minor home occupations would be subject to an administrative review to make sure they meet the standards. Major home occupations are for people who would need a conditional use permit.

Mayor Schwarz asked for public comments.

Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated he has had a minor home occupation for the last fifteen years and wanted to know if someone who qualifies for a minor home occupation, would they need to apply for a permit. He suggested that those with minor home occupations not bother applying for a permit to make the workload lighter for staff.

Don Dillin of 106 Bias Lane was recognized to speak. Mr. Dillin asked for a clarification on the fees for minor and major home occupations. He asked if the fees are renewable and what the administrative requirements are.

Don Ramsay was recognized to speak. Mr. Ramsay stated the by-laws in South Snow Geese do not allow residents to use their homes for businesses. He asked if the by-laws would be upset by what the Town is proposing or could it still be enforced.

There being no one else wishing to speak, Mayor Schwarz closed this portion of public comments.

PUBLIC HEARING ON ORDINANCE NO. 03-17, AN ORDINANCE AMENDING ORDINANCE NO. 03-04 OF THE TOWN OF DUCK, NORTH CAROLINA IMPOSING A MORATORIUM ON ACCEPTANCE OF SITE OR DEVELOPMENT PLANS FOR COMMERCIAL STRUCTURES OR BUILDINGS

Town Manager Chris Layton was recognized to speak. Town Manager Layton stated that in January, 2003, the Town adopted an ordinance which imposed a moratorium on the acceptance of site or development plans, specifically to allow for the study of architectural and building guidelines related to commercial development. He stated the moratorium expires December 15, 2003 with the Town being at the beginning stages of the study in regard to the architectural guidelines. Since more time is needed, it will be necessary to extend the moratorium. Town Manager Layton stated that Council had in their possession two options to extend the moratorium. He stated that Option A would clarify that the ordinance does not apply to interior-only renovations in commercial districts and would allow minor exterior alterations as determined by the Zoning Administrator in C-1 and C-2 zones and not in the Village Commercial area. He stated the ordinance would allow minor alterations that are not believed to be subject to architectural guidelines. Under the current ordinance, there is no allowance in any zoning district for any kind of exterior alteration.

Jon Britt of 102 Nor’banks Drive was recognized to speak. Mr. Britt stated he appreciated the intent of the moratorium, but that very little has happened in the past ten months. He stated he hoped Council would direct staff to move forward on the ordinance. He asked if minor alterations would be allowed in the Village Commercial area. Town Manager Layton stated it would only be allowed in C-1 and C-2. Mr. Britt asked why the Village Commercial area was excluded.

There being no one else wishing to speak, Mayor Schwarz closed this portion of public comments.

APPROVAL OF MINUTES

Mayor Schwarz opened the approval of minutes from the October 1, 2003 regular meeting, the October 15, 2003 mid-month meeting and the October 22, 2003 continued meeting. Mayor Schwarz directed Council to review the October 1, 2003 minutes for changes.

Mayor Pro Tempore Beres moved to approve the October 1, 2003 minutes.

Motion carried 5-0.

Mayor Schwarz directed Council to review the October 15, 2003 minutes for changes.

Councilor Keller moved to approve the October 15, 2003 minutes.

Motion carried 5-0.

Mayor Schwarz directed Council to review the October 22, 2003 minutes for changes.

Councilor Morrison moved to approve the October 22, 2003 minutes.

Motion carried 5-0.

OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS

UPDATE ON THE BUILD THE BRIDGE COMMITTEE

Mayor Schwarz recognized John Wander to speak.

Mr. Wander stated that the membership for the Build the Bridge group has grown from 350 members to approximately 800 and that they have received over forty-two thousand dollars to use for their studies. He stated the group plans to put up a large billboard on Highway 158 that is similar to the one that is up in Southern Shores.

Mr. Wander stated that the group has made presentations to representatives of Northeast Partners and to the Currituck Business Development Board, which have unanimously passed resolutions in support of the bridge. He stated they are on Phase Two of their impact study, which evaluates the properties that could be lost if the road is widened. He hopes to start Phase Three, which evaluates the overall impact to the communities, shortly.

Mr. Wander stated that the group had met with the Currituck Commissioners and asked for a resolution in support of the bridge. He stated that the Commissioners are in support of a bridge but are still interested in the option of widening NC 12.

Mr. Wander stated that the group had started pursuing a toll bridge project. A proposal was prepared and discussed with Dare County Commissioner Stan White. He stated that Commissioner White is in favor of the toll bridge. He stated the group is going to ask for help from the NCDOT TIP planning board to develop a project with the toll authority. He encouraged Council and members of the audience to attend the planning meeting on November 13, 2003 to show their support of the bridge. He stated that Mayor Pro Tempore Beres would be attending and making a statement on behalf of the Town of Duck.

Donald Ramsay was recognized to speak. He asked Mr. Wander if he knew the dimension on the right-of-way of Route 12. Mr. Wander stated the group has established a dimension and have taken the most conservative number from NCDOT of one hundred feet. He stated they are including another fourteen feet for the bike path, which is considered a necessary replacement.

Mayor Pro Tempore Beres thanked John Wander for all of his hard work and hopes he can continue. He also thanked Sam Taylor for the hard work he has done with the committee by representing Duck. Town Manager Layton stated that Mr. Wander’s term on the Build the Bridge Committee as the representative of Duck will expire at the end of November and suggested reappointing him so he can continue his work.

Mayor Pro Tempore Beres moved to appoint John Wander to continue in his role as the representative of the Town of Duck on the Build the Bridge Committee for a term of one year.

Motion carried 5-0.

DISCUSSION/CONSIDERATION OF RESOLUTION NO. 03-22, A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION INSTALL CROSSWALKS WITHIN THE TOWN OF DUCK, NORTH CAROLINA

Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated that the Chief of Police, the Fire Chief and the Duck Trail Committee had gone back out in the field to further establish where the crosswalks should be. Four new crosswalks were proposed and one existing one was proposed to be realigned. The Four Seasons crosswalk was taken off after the Duck Trail Committee had advised against it. One crosswalk near Wee Winks was moved slightly to better the sight distance. She asked Council to pass the resolution which would recommend that NCDOT install the crosswalks.

Councilor Thibodeau asked for clarification on the crosswalk near Wee Winks and Carolina Dunes. Planning Director Cotellessa stated there is a grassy area between the Carolina Outdoors store and the Wee Winks store, which is a safe place to cross. Councilor Thibodeau asked if she was speaking of Carolina Dunes or Carolina Outdoors. Planning Director Cotellessa stated it was Carolina Outdoors.

Councilor Keller asked if one of the crosswalks lands in the new park. Planning Director Cotellessa stated it did cross onto the new park area.

Mayor Pro Tempore Beres moved to approve Resolution No. 03-22, requesting the North Carolina Department of Transportation install crosswalks within the Town of Duck.

Town Manager Layton clarified that this request will have NCDOT analyze and decide which crosswalks will be installed.

Councilor Thibodeau and Councilor Keller thanked Planning Director Cotellessa and Administrative Assistant Sandy Cady for their hard work.

Motion adopted 5-0.

CONSIDERATION/DISCUSSION OF ORDINANCE NO. 03-18, AN ORDINANCE AMDENDING ORDINANCE NO. 03-14, AN ORDINANCE AMENDING ORDINANCE NO. 03-10, PROHIBITING PARKING OF VEHICLES IN CERTAIN PLACES WITHIN THE TOWN OF DUCK

Town Manager Chris Layton was recognized to speak. He stated the amendment adds Snow Geese Dunes and Ships Watch to the list of subdivisions where the police can enforce parking. Both Snow Geese Dunes and Ships Watch had requested that they be added to the list.

Councilor Thibodeau moved to adopt Ordinance No. 03-18, amending the parking ordinance to include the two subdivisions.

Motion adopted 5-0.

NEW BUSINESS

DISCUSSION/CONSIDERATION OF ORDINANCE NO. 03-16, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF DUCK, NORTH CAROLINA, TO PROVIDE FOR MAJOR AND MINOR HOME OCCUPATIONS

Mayor Schwarz directed Planning Director Cotellessa to address the questions that were asked during the public hearing. Planning Director Cotellessa stated that when a person applies for a minor permit, there is a clause in it that states the applicant read and understand what the standards are. She stated that she wants all that conduct minor home occupations to be aware and agree to the standards up front. She stated that if the Town decides to pursue a privilege license, the applicant would need this permit to show that their business is allowed where they have it and they can then obtain an occupancy permit.

Councilor Thibodeau asked for clarification on the occupancy permit versus privilege license. Planning Director Cotellessa stated the applicant would be issued a minor home occupancy permit, which is permission to have a minor home occupation. If a privilege license is adopted by the Council, the applicant would need a copy of the occupancy permit to obtain the license.

Councilor Thibodeau asked if the applicant has a minor home occupation, would the fee be $25.00 with an additional $150.00 conditional use permit fee. Planning Director Cotellessa stated the $150.00 fee is only for major home occupations.

Planning Director Cotellessa stated that the Town does not enforce local covenants. She stated that home occupations are considered residential uses. Each community would have to determine whether a home occupation is allowed in their covenants.

Councilor Thibodeau asked if it was up to the subdivision’s homeowners association to override the zoning. Planning Director Cotellessa stated the applicant would need to meet both requirements of the zoning ordinance and their covenants. The applicant should adhere to the stricter of the two so they do not run afoul of anyone.

Town Manager Layton stated that an applicant may be able to qualify for a home occupation; however, the subdivision covenants may state the applicant is not allowed to have any kind of business. The Town of Duck cannot enforce those covenants. The Town does have a sign off sheet that states the applicant understands and read the covenants of their subdivision. Councilor Keller stated some covenants are stricter than others.

Councilor Thibodeau asked if the Town is going to establish hourly limitations. Planning Director Cotellessa stated that for minor home occupations, there are no limitations. Councilor Thibodeau asked if a piano teacher is considered a minor home occupation. Planning Director Cotellessa stated it depended on the attendees.

Councilor Morrison asked if it was Planning Director Cotellessa’s judgment on whether a home occupation is major or minor. Planning Director Cotellessa stated that if it meets all operational standards for a minor occupation, it would be determined as one. If it is outside of the standards, it would be considered a major occupation.

Councilor Keller asked if the appeal process is through the Board of Adjustments. Planning Director Cotellessa stated the applicant can either go through Council to seek a major home occupation or go to the Board of Adjustments and appeal by determination that they do not have a minor occupation.

Mayor Pro Tempore Beres moved to adopt Ordinance No. 03-16 amending the Zoning Ordinance providing for major and minor home occupations.

Motion adopted 5-0.

CONSIDERATION/DISCUSSION OF ORDINANCE NO. 03-17, AN ORDINANCE AMENDING ORDINANCE NO. 03-04 OF THE TOWN OF DUCK, NORTH CAROLINA IMPOSING A MORATORIUM ON ACCEPTANCE OF SITE OR DEVELOPMENT PLANS FOR COMMERCIAL STRUCTURES OR BUILDINGS

Town Manager Layton was recognized to speak. He stated Turnpike Properties, which owns the Sanderling, had sent a letter to the Town of Duck seeking to do interior work on their spa, which would change some of their windows and alter some minor parts of their exterior. He stated they felt a narrow exemption would be appropriate in their case, but wouldn’t be appropriate in the Village Commercial area. The Sanderling is not in this area.

He stated that while the moratorium is extended for six months, it is not anticipated that the study would take that long.

Mayor Schwarz told Council they had two options – extend the moratorium and allow minor exterior alterations in the C-1 and C-2 zones or just extend the moratorium.

Councilor Thibodeau asked if someone from the Village Commercial district came in with a similar proposal to the Sanderling’s during the moratorium period, would it be something the Town would consider. Town Manager Layton stated that if the Sanderling was in the Village Commercial area, the Town would not have allowed this. He stated the Town is concerned with the integrity of the Village Commercial area and felt this was the real reason for the commercial moratorium. Councilor Thibodeau stated she is in favor of approving the extension of the moratorium.

Councilor Morrison stated the Sanderling is an unusual situation and that it is one of Duck’s finest assets. He stated he is in favor of approving Option A.

Councilor Keller stated that he is in favor of Option A.

Mayor Pro Tempore Beres stated he felt no reason why the Town shouldn’t accept Option A.

Town Manager Layton stated that in their meetings with the Sanderling Inn, they did not allow them to proceed with other items they were working on because of the moratorium due to the fact that that weren’t minor in character.

Mayor Schwarz reminded Council that at the retreat in January they would be going over recommendations from the architect. He stated it will be at least February before they could act on it.

Councilor Keller moved to adopt Ordinance No. 03-17, amending Ordinance No. 03-04 imposing a moratorium on acceptance of site or development plans for commercial structures or buildings with the recommendation of Option A, which allows for minor modifications.

Motion adopted 5-0.

CONSIDERATION/DISCUSSION OF AMENDING THE FEE SCHEDULE FOR THE TOWN OF DUCK TO INCLUDE A FEE OF $25.00 FOR THE ADMINISTRATIVE REVIEW AND ISSUANCE OF MINOR HOME OCCUPATION PERMITS

Mayor Schwarz asked Town Manager Layton to give an overview. Town Manager Layton stated the home occupation ordinance requires a permit for a minor home occupation and an appropriate fee needs to be imposed to charge for the administrative review and issuance of the permits. He suggested twenty five dollars as an appropriate fee.

Councilor Keller asked if it was a one time fee. Town Manager Layton stated it was.

Councilor Keller moved to add the fee of twenty five dollars for the administrative review and issuance of minor home occupation permits.

Motion approved 5-0.

ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY

Town Attorney Ike McRee was recognized to speak. He stated he had nothing to report.

ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER

Discussion/Consideration of a Request to Direct the Town of Duck Planning Board to Begin Work on Sign and Outdoor Storage Regulations

Town Manager Layton stated that as the Town has gotten staff on board and have been able to review sign and outdoor storage regulations, he would like some items clarified and worked on for the future. He stated staff would like to be officially requested to work on the regulations.

Mayor Tempore Beres asked if it would hold back the reference in the commercial moratorium. Town Manager Layton stated it would not.

Councilor Thibodeau asked if staff would review and make suggestions of how things are now or would new ideas be incorporated to entice businesses. Planning Director Cotellessa stated it would do both.

Councilor Morrison moved to direct the Planning Board to begin work on revisions to the sign ordinance and outdoor storage regulations.

Motion carried 5-0.

Update on the Acquisition of the Food Lion Property

Town Manager Layton gave a quick update on the Food Lion property. He stated the Local Government Commission approved the Town’s application.

Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated the closing would take place five business days after the Local Government Commission’s approval. He stated that BB&T is unable to close by the date specified in the contract and asked to do it November 18, 2003. Town Manager Layton contacted Barbara Mott of Food Lion to see if the new closing date was ok with her and she stated she didn’t have a problem with it. An amendment to the contract was prepared to establish November 18, 2003 as the closing date.

Councilor Morrison asked if the interest rate the Town was quoted is still valid. Town Manager Layton stated it would still be valid through the new closing date.

Councilor Thibodeau asked who would sign the closing documents. Town Attorney McRee stated that Mayor Schwarz and Town Manager Layton would sign the documents. However, if Town Manager Layton was not available to sign the documents, Deputy Town Clerk Lori Kopec would be able to sign the documents.

Update on the Dare County Tourism Board Application

Town Manager Layton stated that the original application to the Dare County Tourism Board called for assistance in funding for landscaping along the Duck Trail. The Town was informed after submitting the application that the Duck Trail beautification is different from highway beautification and is not eligible for funding. However, Councilor Morrison spoke to the committee and the Town is now allowed to submit another application to provide funding assistance for a master plan to the Food Lion property. Town Manager Layton felt confident that the new application would be approved.

Mayor Schwarz thanked Councilor Morrison for his hard work in getting the Town’s name in front of the Board.

Councilor Keller asked what the matching requirement was. Town Manager Layton stated it was fifty percent. Councilor Keller asked when the award would be announced. Town Manager Layton stated the official announcement would be towards the end of the fiscal year.

Discussion/Consideration of Amendments to the FY2004 Town of Duck Budget

Town Manager Layton stated the budget amendment would appropriate two thousand two hundred-fifty dollars into the police department budget. He reviewed with Council the amounts that individually came in for the police and recommended approval.

Mayor Pro Tempore Beres moved to amend the FY2004 budget to increase the appropriation to the police department by two thousand two hundred-fifty dollars.

Motion approved 5-0.

Financial Statements for the Month of October 2003

Town Manager Layton stated he hadn’t received the bank statements and has been unable to reconcile the reports, therefore when he receives them, he will give to Council under separate cover.

Appointment of Council Members to Serve on the Local Fireman’s Relief Fund Board of Trustees

Town Manager Layton stated the Fireman’s Relief Fund is a program that takes a portion of fire and lightning insurance and applies it to a trust fund that will benefit a firefighter if he/she is injured. The money is administered by a local fire relief fund board of trustees. Since the Town has incorporated, it is necessary to appoint two local government members. Town Manager Layton recommended Mayor Pro Tempore Beres and Councilor Morrison be appointed. Mayor Pro Tempore Beres’ term would expire on December 31, 2004 and Councilor Morrison’s would expire December 31, 2003, at which point he would be re-appointed to serve until December 31, 2005.

Councilor Keller moved to appoint Mayor Pro Tempore Beres and Councilor Morrison to the Fireman’s Relief Fund Board of Trustees for the terms specified.

Motion carried 5-0.

MAYOR’S AGENDA

Mayor Schwarz stated that the Essentials of Municipal Government conference will be held at the Sanderling Inn on February 18 through 20, 2003. He strongly recommended that Council attend.

He thanked Councilor Keller for his services to the Town.

COUNCIL MEMBERS’ AGENDA

Councilor Thibodeau thanked Councilor Keller for his leadership. Mayor Pro Tempore Beres stated he appreciated all that Councilor Keller has done for the Town.

Councilor Keller stated he has never had so much satisfaction in a job until he started working with the Town. He stated that at the next election he would like to see the Town have ten candidates running. He felt the Town is now in good hands and is happy to see Nancy Caviness back with the Council.

OTHER BUSINESS

Mayor Schwarz asked for any other business. There being none, he asked for a motion to go into closed session.

CLOSED SESSION

Councilor Thibodeau move to enter into closed session to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or perspective public officer or employee.

Motion carried 5-0. The time was 8:35 p.m.

OPEN SESSION

Upon returning from closed session, Councilor Thibodeau moved to grant Town Manager Layton with a three thousand dollar bonus for his exemplary work, effective immediately.

Motion carried 5-0.

ADJOURNMENT

Mayor Pro Tempore Beres moved to adjourn the meeting.

Motion carried 5-0. The time was 8:50 p.m.

_______________________________________________
/S/ Christopher J. Layton, Town Clerk



Approved: ______________________________________
                    /S/ Gene Schwarz, Mayor