The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, December 3, 2003.

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

OTHERS PRESENT: Councilor-Elect Nancy Caviness, Town Manager and Town Clerk Christopher J. Layton, Town Attorney Donald I. McRee, Jr and Deputy Town Clerk Lori Kopec.

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

SWEARING IN OF NEW COUNCIL MEMBERS

Town Clerk Chris Layton was recognized to speak. He swore in each Council member one at a time.

ELECTION OF OFFICERS

Election of Mayor

Town Clerk Layton opened the nominations for Mayor of Duck. Mayor Pro Tempore Allan Beres moved to nominate Gene Schwarz as Mayor. Town Clerk Layton asked for other nominations. Councilor Neil Morrison moved to close the nominations. Town Clerk Layton moved to elect Gene Schwarz as Mayor.

Motion carried 5-0.

Town Clerk Layton turned the meeting over to Mayor Schwarz. Mayor Schwarz thanked the members of Council for their continued support. He stated the Council has some challenges they will be facing in the coming year, specifically the master plan for the new property and the land use plan.

Election of Mayor Pro Tempore

Mayor Schwarz opened the nominations for Mayor Pro Tempore of Duck. Councilor Morrison moved to nominate Allan Beres as Mayor Pro Tempore. Mayor Schwarz asked for other nominations. There being none, he moved to elect Allan Beres as Mayor Pro Tempore.

Motion carried 5-0.

PUBLIC COMMENTS

Mayor Schwarz opened the floor for public comments.

Neil Blinken of 1328 Duck Road was recognized to speak. Mr. Blinken stated he was concerned about the setback and parking requirements for Duck. He stated that if there was a storm or massive fire, fifty percent of the owners would not be allowed to rebuild their homes to the way they were before a tragedy. He felt that it is a “God given right” to rebuild a home the exact same way it was after a tragedy. He suggested the Town grandfather any existing homes that are standing now. He suggested that Council direct the staff to go home by home and decide whether a home could be rebuilt or not after a tragedy and send the homeowner a letter stating such.

Nathan Bearfield of Wee Winks was recognized to speak. Mr. Bearfield stated he agreed with Mr. Blinken but on a more commercial level. He stated that he found it ironic that much of Duck does not fit into the zoning laws. He felt that over the years, it will be a nightmare for Planning Director Sue Cotellessa. He suggested that Council come up with a way to get Duck in compliance so there would not be drastic changes.

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

PUBLIC HEARINGS

PUBLIC HEARING ON CUP 03-003, AMENDING CUPs #8-2000 AND #14-98, RELATED TO THE SANDERLING INN

Mayor Schwarz stated that the Council is a quasi-judicial body and therefore certain safeguards must be in effect. He stated that the public hearing is not a debate and turned the meeting over to Town Clerk Layton.

Town Clerk Layton asked for those who were testifying to stand and be sworn in. He then proceeded to swear the people in.

Mayor Schwarz recognized Planning Director Sue Cotellessa to speak. Planning Director Cotellessa stated this CUP amends the CUPs issued by Dare County for the Sanderling Inn. She stated that the Sanderling Inn is asking to remove the basic health club and become a full spa facility. She stated the Inn will be making changes internally with little being done on the exterior.

Planning Director Cotellessa went over parking with Council at the Sanderling Inn. She stated that staff reports no problem with the parking. She stated that staff recommended to the Planning Board to approve the amended CUP. The Planning Board is also recommending approval of the amended CUP with conditions.

Mayor Schwarz asked for public comments.

Mr. Bill Hollan of Turnpike Properties was recognized to speak. Mr. Hollan stated that staff did an excellent job of proposing what the Sanderling Inn is proposing to do. He stated they wish to remodel the inside of the health club and spa to focus more on the spa and less on the health club and to relocate the health club facility to the Pine Island Racquet Club, which has excess space to offer. He stated the change is more in line with the market of the Sanderling Inn and what the guests have asked for. Mr. Hollan thanked the Council for their consideration.

Planning Director Cotellessa wanted to clarify to Council that the reason the Sanderling Inn is seeking a CUP is that they are changing the nature of the use as it was previously approved to allow the outside public to come into the spa area. Mr. Neil Blinken was recognized to speak. Mr. Blinken stated that Planning Director Cotellessa and Mr. Hollan did not address the traffic issue in Duck. He stated that by making this change, it will add cars onto the road and cause more traffic, especially in the summer. He stated that by putting the health club at Pine Island, it will create a bottleneck from Sanderling Inn to Pine Island. He felt this change at the Sanderling would create a traffic jam on NC 12. He suggested that the Sanderling Inn add a second floor instead of moving the health club.

Mr. Hollan was recognized to speak. Mr. Hollan stated that people from Pine Island come to the Sanderling to use the facilities. He stated the spa will attract fewer patrons than what the health club did. He stated their customers have wanted the Sanderling Inn to move in this direction for some time.

There being no one else wishing to speak, Mayor Schwarz closed this portion of public comments and directed Council to ask questions to Planning Director Cotellessa, Mr. Hollan or Mr. Blinken. There being no questions or comments, Mayor Schwarz asked for a motion.

Town Attorney Ike McRee recommended that Mayor Schwarz state he is closing the evidentiary phase to begin deliberations. Mayor Schwarz thanked Town Attorney McRee and agreed to do such.

Mayor Schwarz asked Council for comments or questions. Councilor Thibodeau stated the information that Mr. Hollan has presented along with the Town staff has been very thorough and that she would support the motion.

Councilor Thibodeau moved to accept CUP 03-003, amending CUPs #8-2000 and #14-98 related to the Sanderling Inn.

Town Attorney McRee suggested that Councilor Thibodeau add in her statement; “with the findings of fact as proposed by the staff’s memo and recommended amendment to the conditional use permit.” Councilor Thibodeau agreed.

Motion carried 5-0.

APPROVAL OF MINUTES

Mayor Schwarz opened the approval of minutes from the November 5, 2003 regular meeting. Mayor Schwarz directed Council to review the minutes for changes.

Mayor Pro Tempore Beres moved to approve the November 5, 2003 minutes.

Motion carried 5-0.

OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS

Mayor Schwarz stated there was no old business to report.

NEW BUSINESS

APPOINTMENTS

Board of Adjustments

Mayor Schwarz recognized Councilor Morrison to speak. Councilor Morrison stated that the Board of Adjustments has two vacancies. He stated that John Brock is no longer a citizen or registered voter of Duck and Nancy Caviness is now a member of the Town Council. In lieu of this, Councilor Morrison moved to nominate Patsy Wander to serve as a permanent member of the Board of Adjustments, leaving an alternate seat vacant due to the Town having two other alternates.

Mayor Schwarz clarified Councilor Morrison’s nomination by stating that Patsy Wander would be filling John Brock’s unexpired term, which expires June 5, 2005 and Nancy Caviness would be removed as an alternate with no one filling that seat. Mayor Schwarz thanked John Brock for his services on the Board of Adjustment.

Motion carried 5-0.

CONSIDERATION/DISCUSSION FOR THE APPROVAL OF THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. SMOKELESS TOBACCO COMPANY JOHN DEERE TRAIL GATOR PROGRAM

Town Manager Layton was recognized to speak. Town Manager Layton stated that as the Town applies for grants, permission to apply for the grants will be submitted to Council so they will be aware of what the Town is asking for, what the match requirements are and if the Council approves of it. Town Manager Layton stated that this particular grant application has no match requirement and the police would be getting a six-wheel drive vehicle.

Mayor Pro Tempore Beres asked if it was a large all terrain vehicle. Town Manager Layton stated it was and would be immensely helpful on the beach.

Town Manager Layton stated the vehicle would be helpful in transporting injured people off the beach, it would be used in beach cleanups and in cases of hurricanes it would be helpful in getting the police around. He stated the vehicle would be a definite asset to the community.

Councilor Thibodeau asked if the police officer found out through an associate. Town Manager Layton stated she was correct. Councilor Thibodeau asked why the U.S. Smokeless Tobacco Company is giving the vehicles away and if the Town should be promoting smokeless tobacco in any way. Town Manager Layton stated it would not have advertisement on the side. He stated that the U.S. Smokeless Tobacco Company likes the outdoors image and it’s their way to give back to the communities.

Councilor Caviness moved to adopt the grant application for the U.S. Smokeless Tobacco Company John Deere Trail Gator Program.

Motion adopted 5-0.

Councilor Caviness thanked Officer Jeff Ackerman for the great job he did in finding this grant.

CONSIDERATION/DISCUSSION OF A RESOLUTION RECOGNIZING THE WRIGHT BROTHERS BIKEWAY

Mayor Schwarz asked Town Manager Layton to give an overview. Town Manager Layton stated the Town had received a written request from the Wheels of Dare Bicycle Club which requested that all the towns and the county consider approving a resolution which would support the designation of the network of trails from the Sanderling Inn through Kitty Hawk and on south as the Wright Brothers Bikeway. In doing so, the North Carolina Department of Transportation would also recognize the Bikeway and will designate it on official bicycle maps in North Carolina and include it in any publications they give out that highlight bicycle trails.

Town Manager Layton stated the resolution would have the Council officially recognize the Duck Trail as part of the Wright Brothers Bikeway.

Councilor Thibodeau stated she had spoken to members of the Sidewalk Committee and that they were happy to endorse this.

Councilor Thibodeau moved adopt resolution #03-23, establishing the Wright Brothers Bikeway.

Motion adopted 5-0.

CONSIDERATION/DISCUSSION OF CANCELING THE TOWN’S DECEMBER 17, 2003 MID-MONTH MEETING

Mayor Schwarz stated he didn’t feel a mid-month meeting was needed and wished to cancel it.

Councilor Morrison moved to cancel the December 17, 2003 Town Council meeting.

Motion carried 5-0.

DISCUSSION/CONSIDERATION OF THE SCHEDULING OF THE TOWN RETREAT FOR JANUARY 21 AND JANUARY 22, 2004

Mayor Schwarz stated the Council had a one day retreat for 2003 and that the 2004 retreat would be two days to give the architectural guidelines committee and consultants a chance to speak with Council on the second day. He stated that he felt that Council had more than enough items to keep them busy for the two days and encouraged the other Council members to let Town Clerk Layton know if there should be any other items to add to the agenda.

Councilor Thibodeau asked if citizens could drop in and make comments on the agenda. Mayor Schwarz stated the first day will have an agenda which will allow people to come and go as they please to the meeting. The second day will either be in the morning or afternoon, depending on the consultant’s schedule, and what agenda items are left over from the previous day. He stated it will be an informal session and will be held at the Town Administrative Offices.

Mayor Pro Tempore Beres moved to schedule the Town retreat for January 21 and 22, 2004.

Motion carried 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

Update on Municipal Property Activities

Town Manager Layton stated that as of November 18, 2003, the Town now owns the 10.33 acres of property, formerly known as the Food Lion property. He stated the Town is now having a new survey done to make sure where all the boundaries are on the property. In addition, a topographical map will be prepared. This information will be useful to the Municipal Property Master Plan Study Committee, which will be appointed in January, 2004.

Town Manager Layton stated that three issues need to be addressed immediately. The first is a single wide trailer home at the rear of the property that will need to be taken out. The trailer has been posted with “No Trespassing” signs. The second issue is what to do with the abandoned house on the front of the property. Historical research will have to be done to ensure the Town will not violate any issues if it is decided to raze the house. The third issue is the cemetery at the front of the property. The Town will not be removing the cemetery but will try to contact the families to let them know the property has new owners and that the Town will maintain the cemetery.

Town Manager Layton stated that a determination has to be made in regard to access to the property during the study phase. The property currently is serving as an accessory parking area and it will have to be determined if this should continue during the study phase.

Budget Amendments

Town Manager Layton stated that due to Hurricane Isabel, the cost to clean up the debris on the beach, public and private roads totaled $123,386. Of that amount, FEMA should pay approximately $73,000 with the remainder being the Town’s responsibility. He stated that approximately $50,000 was incurred to clean up the private roads alone. He asked Council to appropriate the $123,386 from the fund balance to the sanitation fund to cover the costs with the expectation of $70,000 coming in on the revenue side.

Councilor Thibodeau asked if the $50,000 was for the second clean up. Town Manager Layton stated that she was correct. Councilor Thibodeau asked if the figure was a good determination for cleaning up the private roads. Town Manager Layton stated it was a good indication. He stated that the beach clean up should be completely reimbursed by FEMA.

Mayor Pro Tempore Beres stated he went along with the private road clean up. He stated that if the $50,000 was going to be taken from unexpected reserves from the fund balance, then it would diminish the fund balance and skew the projections. Mayor Pro Tempore Beres suggested that in the future, money be set aside for something like this or else other arrangements be made to have cash available for unexpected expenditures.

Mayor Pro Tempore Beres moved to amend the budget as presented by the Town Manager to provide for $123,386 taken from the unexpected fund balance for debris removal purposes.

Monthly Financial Report for December, 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. He also mentioned that the occupancy tax for 2003 has been met.

Councilor Thibodeau asked if the budgeted occupancy tax for the entire year had been met. Town Manager Layton stated it had.

MAYOR’S AGENDA

Mayor Schwarz welcomed Nancy Caviness back on the Council. He stated he was impressed with the Thanksgiving Turkey Trot and all who helped make it a success. He stated the Turkey Trot raised four thousand dollars for the Dare County foster children.

COUNCIL MEMBERS’ AGENDA

Councilor Thibodeau thanked Councilor Caviness and Donna Black for organizing the Turkey Trot. She congratulated Mayor Schwarz and Mayor Pro Tempore Beres and thanked them for all their help in leading the Council and Town.

Councilor Thibodeau stated she had attended the Duck Civic Association and Duck Business Alliance meetings over the Thanksgiving holiday. She gave a brief overview of what the meetings were about.

Councilor Morrison suggested calling the new property the Duck Town Property instead of the Food Lion property. He stated that the First Flight Centennial tickets are sold out for December 16 and December 17 and that December 7 will be the last day to buy tickets for the other three days.

Mayor Pro Tempore Beres asked Town Manager Layton to provide at the retreat in January, a risk analysis on what he projects the fund balance will be, what will be necessary for the next five years to increase the fund balance and how the Town can make provisions for other services, such as debris removal.

Mayor Pro Tempore Beres asked Planning Director Cotellessa to make a brief presentation at the retreat in regard to the night sky project and the alternatives to retrieve the night skies.

OTHER BUSINESS

Mayor Schwarz asked for any other business. There being none, he stated the next Council meeting will be Wednesday, January 7, 2004.

ADJOURNMENT

Mayor Pro Tempore Beres moved to adjourn the meeting.

Motion carried 5-0. The time was 8:20 p.m.

_______________________________________________
/S/ Christopher J. Layton, Town Clerk



Approved: ______________________________________
                    /S/ Gene Schwarz, Mayor