TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
February 4, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, February 4, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Neil Morrison; Councilor Monica Thibodeau; and Councilor Nancy Caviness.
OTHERS PRESENT: 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.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments.
Martha McKeon of Saltaire and Evelyn Stell of Schooner Ridge were recognized to speak. Ms. McKeon stated they represent the League of Women Voters and wanted to thank the Town of Duck for its contribution to their Citizens Guide. Ms. McKeon and Ms. Stell had copies of the guide and passed them out to Council and members of the audience.
Pat Pettit of 128 Marlin Drive was recognized to speak. Ms. Pettit passed out a prepared statement and read the statement to the Council and audience. Ms. Pettit stated that the Town’s ordinances in regard to residences negatively impacts homes owned by citizens of Duck. She stated that a section of the ordinance is vague in language in regard to non-conforming homes. She asked about parking areas for non-conforming structures. She stated that the ordinances will force homeowners to appeal for a variance and will cause additional delay and expense.
Bill Koebernick of Resort Quest Realty was recognized to speak. Mr. Koebernick stated he works in the Town of Duck and would like to see the speed limit stay at 45 mph during the off-season. He stated that most people that drive through Duck to Corolla know the road and would drive the speed limit.
Marilyn March of 103 Mallard Drive was recognized to speak. Ms. March stated she would like to see the speed limit reduced to 35 year round to slow down the contractors. She stated that she had heard that the Town is looking into purchasing the Herron’s property in the future and wondered if there was any truth to the rumor.
There being no one else wishing to speak, Mayor Schwarz closed the time for public comments.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the January 7, 2004 regular meeting. Mayor Schwarz directed Council to review the minutes for changes.
Mayor Pro Tempore Beres moved to approve the January 7, 2004 minutes.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
DISCUSSION/CONSIDERATION OF A RESOLUTION REQUESTING THAT NCDOT POST A 35 MPH SPEED LIMIT ON NC 12 FROM SANDY RIDGE ROAD TO THE CURRITUCK COUNTY LINE YEAR ROUND
Mayor Schwarz asked Council for their input. Councilor Thibodeau stated that this issue was discussed at length at the Retreat and that Councilor Morrison gave a great presentation on the pros and cons of the speed limit changes. She stated she is in favor of the resolution.
Councilor Morrison stated that at the Retreat the speed limit issue was discussed at great length. He stated that in the summer months the speed limit is set at 35 mph, but in the off-season it is raised to 45 mph from Sandy Ridge Road to the Currituck County line. He stated that the consensus at the Retreat was to request that the Department of Transportation keep the speed limit at 35 mph.
Councilor Morrison moved to adopt Resolution 04-03 requesting the North Carolina Department of Transportation post a 35 mph speed limit on NC 12 from Sandy Ridge Road to the Currituck County line year round.
Mayor Schwarz stated he felt the Council was being hasty in making this decision. He stated the decision will affect the citizens of Duck as well as everyone traveling on the road. He stated that Council is moving ahead too rapidly on the issue. He stated that lowering the speed limit would mean more police enforcement and possibly having to hire more officers. He encouraged Council to think long and hard about the issue and allow the public to comment on it before adopting the resolution.
Councilor Thibodeau stated that she appreciates Mayor Schwarz wanting the public to have their comments on the issue. She stated that she doesn’t have a problem with waiting another month on the resolution in order to receive public comments. She stated that she doesn’t think there would be a need for additional officers with the speed limit reduction.
Councilor Caviness stated that this has been a concern ever since the Duck Trail was installed. She stated that having a pedestrian trail close to NC 12 would warrant a need for a reduced speed limit.
Mayor Pro Tempore Beres stated that the speed limit only adds one minute to the travel time in each direction. He stated the reduction may save on property damage, personal injury or even a person’s life. He stated he didn’t see any reason in delaying the request to the Department of Transportation.
Mayor Schwarz stated he lives in the area in question. He again stated the decision is being made in haste.
Motion adopted 4-1 with Mayor Schwarz dissenting.
DISCUSSION/CONSIDERATION OF A RESOLUTION REQUESTING THAT A HIDDEN ENTRANCE SIGN BE ERECTED ON THE WEST SIDE OF NC 12 NORTH OF RUDDY DUCK LANE
Councilor Morrison was recognized to speak. Councilor Morrison stated that there is a blind curve on NC 12 north of Ruddy Duck Lane causing a hazard to drivers coming out of Ruddy Duck Lane. He suggested that the Town ask the Department of Transportation to install a Hidden Entrance sign north of Ruddy Duck Lane to slow down the traffic coming around the curve.
Councilor Morrison moved to adopt Resolution 04-04 requesting that a Hidden Entrance sign be erected on the west side of NC 12 north of Ruddy Duck Lane.
Motion adopted 5-0.
DISCUSSION OF REGULATORY TEMPLATES RELATED TO THE SALE OF FIREWORKS IN BUSINESSES
Town Manager Layton was recognized to speak. He stated that last month Council adopted an amendment to the ordinance that provides for posting of regulatory ordinances in rental homes to include requiring regulatory templates in businesses as well. The purpose of the new templates is to alert potential purchasers of fireworks that, while the sale of fireworks in Duck is not illegal, the use is prohibited within the town limits. He directed Council to review the two template samples in their packets which he recommended using. The templates would be produced in-house, using card stock and laminated. One template would be and 8.5 x 11 that would state that use of all fireworks, including sparklers, is prohibited within the Town of Duck, with a small notice on the bottom stating that the template is required to be posted by the Town of Duck. The larger notice would be displayed where the fireworks are displayed in the stores. The second template would be smaller, with the same wording and would be displayed prominently by the cash register in the stores.
Councilor Thibodeau stated that she would like a slight change to the templates by having the phrase “including sparklers” in lower case letters as opposed to being in all caps. She stated she still felt that the templates are intrusive.
Councilor Morrison stated he liked Councilor Thibodeau’s change to the template. Councilor Morrison asked if the signs would be where the fireworks are displayed as well as near the cash registers. Town Manager Layton stated that that is what he is suggesting.
Councilor Caviness stated she is in favor of the templates.
Mayor Schwarz asked if a motion was needed. Town Manager Layton stated that if Council was in agreement with the changes, the templates would be produced. Council agreed the templates should be produced.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF GRANT PROPOSALS RELATED TO THE POLICE DEPARTMENT
Town Manager Layton stated the police department is seeking approval to submit three grants to the Governor’s Crime Commission. The first grant would be to assist in the funding of mobile data computer deployment systems, which would link the computers in the patrol cars to terminals that would allow the officers to receive records. The estimated cost is $20,000 with the Town being responsible for a $5,000 match. The second grant will cost $120,000 with the Town being responsible for a $30,000 match. The second grant would be for specific records management software, which will help the police access vital records. The major cost is for the software itself. The last grant is for a software system that allows for extensive analysis of pictures to help in identifying crime scenes. This grant will be split between all of the localities with Kitty Hawk being the physical agent and will house the employee trained to use the system. The Town’s match for this grant would be $3,000.
Town Manager Layton asked Council for permission to apply for the grants. If the grants are awarded, he will come back to Council to ask for permission to accept the grants, at which time the match funds will have to be approved.
Mayor Pro Tempore Beres asked if the grant for the mobile data computer deployment project requires a $15,000 match each year.
Mobile Data Computer Deployment Project
Officer Jeff Ackerman was recognized to speak. Officer Ackerman gave the audience and Council an overview of the mobile data computer deployment project. He stated this grant will buy all the equipment necessary to implement the laptops the officers currently have in their possession.
Officer Ackerman stated that the police department can apply for first and second year funding. The Crime Commission is asking for a quote on what a police department may ask for in their second year. He stated that the police department is not applying for a second year.
Councilor Thibodeau asked if the police have the computers but are not able to tie them into the system. Officer Ackerman stated they have the computers but do not have access to the Criminal Justice Information Network (CJIN).
Town Manager Layton stated that the police department had used a $9,000 grant from the Local Law Enforcement Block Grant Fund to purchase their laptops.
Duck Police RMS Project
Officer Ackerman stated the RMS system is a records management system. He gave the Council and audience a short overview of the project. He stated this system houses all the records for Dare County and can give the officers instant access in the field.
Councilor Thibodeau asked what the range of prices of the various products out on the market. Officer Ackerman stated they start at $30,000 and go up to $120,000. Councilor Thibodeau asked how soon the police department would hear back in regard to this grant. Officer Ackerman stated he hopes to hear back in March with the money being dispersed in July.
Avid Video Forensic System (Multi-Jurisdictional)
Officer Ackerman gave Council and the audience an overview on the third grant. He stated the avid video forensic system allows the officers to view and analyze a tape from a crime scene immediately which could help in solving the crime.
Councilor Caviness asked if this is a grant that all the municipalities in Dare County are applying for. Officer Ackerman stated she was correct.
Councilor Thibodeau moved to allow the police department to submit the three grant proposals.
Motion approved 5-0.
DISCUSSION OF COMMERCIAL STRUCTURES GUIDELINES CHECKLIST
Town Manager Layton stated that at the Retreat, consultants gave a presentation with suggestions of the Council to consider. The checklist will help staff go forward with the commercial structures guidelines and to start drafting the Council’s priorities so there can be public dialogue. Town Manager Layton asked Council to complete the checklist so that the results can be presented at the March Council meeting.
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated the checklist parallels the book that the consultants passed out at the Retreat. The checklist will also be handed out to the Planning Board as well as to the Business Outreach Event, held on February 5, 2004, for input. She reviewed the checklist items with the Council.
Mayor Schwarz asked if the Council could rate the items on the checklist with “1” being of least importance and “10” being of utmost importance. Planning Director Cotellessa stated that she would like that in order to prioritize the issues.
Mayor Pro Tempore Beres asked if the checklist would apply to other commercial areas besides the Village Commercial District. Planning Director Cotellessa stated it could apply to it. She asked Council to make a note on the checklist whether they thought specific items were good for the Village Commercial District or if they should be for other areas.
Mayor Schwarz asked how soon Planning Director Cotellessa wanted the checklists back. She stated she would like them back by mid-February.
Councilor Caviness thanked Town Manager Layton and Planning Director Cotellessa for doing the checklist. She stated it is a good way to get input.
DISCUSSION OF SEA GRANT DUNE MANAGEMENT RECOMMENDATIONS
Town Manager Layton stated that last month the Town had received a modest amount of money from FEMA to assist with shoring up dunes in emergency situations. The Town got together with the Town of Southern Shores and brought in David Nash and Spencer Rogers who are the authorities on dune replenishment and renourishment. The Towns asked them to hold a second workshop for the citizens of Duck and Southern Shores and to look at the beaches and provide recommendations as to what should be done to the beaches. Mr. Nash and Mr. Rogers recommended that nothing be done to the beaches. They stated that the beach pushes are not doing what is intended and that erosion will still take place. He stated that the Town can do grass plantings to help replenish and stabilize the dunes. Mr. Nash and Mr. Rogers suggested using the FEMA money to do dune plantings later in the year. Town Manager Layton concurred with their recommendation.
Town Manager Layton stated that Mr. Nash and Mr. Rogers felt that sand fences are worthless, particularly when they are put up incorrectly. Most of the sand fences in Duck are put up incorrectly. He stated that if the Town has success with the dune plantings, there should be a continuation of putting money in the yearly budget to assist with the plantings.
Mayor Pro Tempore Beres asked if the people doing the beach pushes are mostly property owners along the oceanfront. Town Manager Layton stated that he was correct. Mayor Pro Tempore Beres asked if approval should be sought to do the beach pushes. Town Manager Layton stated that owners need to obtain a CAMA permit to do the push. Mayor Pro Tempore Beres asked if the Town had any authority in terms of the pushes. Town Manager Layton stated that he didn’t believe there was any additional authority the Town could put in place.
Planning Director Cotellessa stated it is a CAMA issue. She stated that a letter was sent to every beachfront property owner in regard to the dune workshop.
Town Manager Layton stated that CAMA will be requesting removal of improperly placed sand fences in the near future.
Councilor Thibodeau asked how the Town envisioned planting on the beaches and the availability of plants. Town Manager Layton stated the Town has some ideas but no recommendations yet.
Councilor Morrison asked if there was any idea on the percentage of beachfront property owners that attended the workshop. Town Manager Layton stated he did not know. Councilor Morrison recommended following Mr. Nash and Mr. Roger’s suggestions.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Discussion of Town Council Compensation Timeline
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated he was following up on the discussion at the Retreat. He stated the Council would have to adopt a Resolution of Intent to amend the Town Charter in order to provide Council compensation. This would have to be done on July 7, 2004. Council would have to hold a public hearing on the Charter amendment on August 4, 2004. The public hearing would have to be advertised on July 18, 2004.
Town Attorney McRee stated at the public hearing the ordinance amending the Charter would need to be adopted only if it is approved by a vote of the people. Council would then adopt a resolution specifying the details of the election for submission to the Dare County Board of Elections. On September 12, 2004, the Board of Elections would publish a legal notice of the election on the Charter amendment and then on November 2, 2004 the election on the Charter amendment would be held in conjunction with the general election.
Councilor Caviness asked if the public hearing could be held sooner. Town Attorney McRee stated there is a 45 day requirement.
Councilor Morrison asked if a 120 day requirement had been previously discussed. Town Attorney McRee stated he researched the issue and found that the 120 day requirement related more to a petition from the people to amend the Charter by referendum. The 45 day requirement relates more to what the Town is looking to do.
Councilor Thibodeau asked if there were any stipulations that would stop Council from going right to a public hearing as opposed to waiting the eleven days. Town Attorney McRee stated the minimum is 10 days but that it could be expanded.
Town Manager Layton asked when the Board of Elections would need to be notified. Town Attorney McRee stated the Board of Elections would need to be notified on August 4, 2004 when the Resolution of Intent is adopted.
Mayor Schwarz asked Councilor Thibodeau and Councilor Morrison to work with Town Attorney McRee on this issue. He stated to the audience that at the Retreat it was recommended that Council be compensated for their time and this is the process the Town has to follow.
Councilor Morrison stated that 87.5% of the towns in North Carolina with populations of 2,500 or less compensate their council members.
Mayor Pro Tempore Beres stated that by compensating the Council members, it may possibly bring in more citizens to run for Council.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Discussion of FY 2005 Budget Schedule
Town Manager Layton gave an overview of the proposed budget for FY 2005 to the Council. He stated that the week of February 9, 2004, he will be issuing budget requests to the different departments and agencies that have funds that the Town provides. The forms will be returned to him by March 12, 2004. Concurrently, he will be working on revenue estimates and meeting with the departments to review what was turned in to him. This will give him an idea as to what he needs to submit to Council for the new budget. The plan is to submit the FY 2005 budget to Council on April 21, 2004 with work sessions scheduled for the rest of April and part of May, if necessary. He stated he hopes to have the budget adopted in June and does not anticipate any revenue or tax increases.
Councilor Thibodeau asked if the work sessions will be formal Town Council meetings or special meetings. Town Manager Layton stated it would depend on how much work is needed. Councilor Thibodeau asked if the grants will be included with the budget proposals. Town Manager Layton stated he does not put the anticipated grant money in the budget.
Discussion of Ordinances to be Reviewed at the Mid-Month Meeting
Town Manager Layton stated that the mid month meeting needs to be canceled due to the majority of the Council attending the Essentials of Municipal Government class on February 18, 2004 through February 20, 2004. He stated he will be handing out a listing of ordinances for review at a later date for the March mid month meeting. He stated the reason for reviewing the ordinances is for Council to see what has been done and what other action may be necessary.
Update on Resolution Requesting Crosswalks and Duck Trail Line Painting
Town Manager Layton updated Council on the resolution regarding crosswalks and line painting for the Duck Trail. He stated he spoke with the North Carolina Department of Transportation and was told that each request can be done in the coming season. He stated that the work will not be done immediately due to the fact that the Department of Transportation has to wait for warmer weather to do the painting.
Financial Statement for the Month of January 2004
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.
MAYOR’S AGENDA
Mayor Schwarz stated he had attended a meeting of the Tourism Board recently with Councilor Morrison. The purpose of the meeting was to discuss the proposed civic center. He stated that there is a lot of support for this center. The Tourism Board is looking for property to purchase with the goal of establishing a civic center, most likely in Kitty Hawk or Kill Devil Hills.
Councilor Morrison stated that most of the people at the meeting spoke in favor of the civic center. He stated that if property is purchased, the Tourism Board would be the entity that purchases the land meaning that there would not be any tax increases.
Mayor Pro Tempore Beres asked what the facility would be used for. Councilor Morrison stated it would be a multi-use facility. It would be a centrally located place for performing arts, meetings, etc.
Mayor Schwarz stated that he wanted to answer Marilyn March’s question in regard to the Herron property. He stated that at this point in time, the Town has no intention of purchasing the Herron’s property.
Mayor Schwarz reminded Council of the Essentials for Municipal Government class on February 18-20, 2004, which would require the mid month meeting to be canceled.
Mayor Pro Tempore Beres moved to cancel the mid month meeting.
Motion carried 5-0.
Mayor Schwarz stated that he will be on vacation beginning Friday, February 6, 2004 through the end of the month. He stated that Mayor Pro Tempore Beres will be filling in for him.
COUNCIL MEMBERS’ AGENDA
Councilor Thibodeau asked for a clarification on the non-conforming structures brought up during Public Comments by Pat Pettit.
Planning Director Cotellessa stated that Ms. Pettit’s issue was very difficult and legal advice was sought on it. She stated that in Ms. Pettit’s application, there was an increase in the footprint of the house and that it wasn’t just an exchange of space inside the house. She stated that there were two sections of the non-conforming regulations that applied, a decision had to be made and the application was denied. The applicant does have the option of going to the Board of Adjustments and state that they have a unique situation. She stated the bigger issue is how to deal with the non-conforming issue. She stated staff is looking at all of the non-conforming regulations and how they affect existing homes.
Councilor Caviness stated that there is a community health initiative called the Healthy Carolinians of the Outer Banks. She stated that on March 20, 2004 there will be a community-wide forum held to address the issue of substance abuse on the Outer Banks. The forum will be held at First Flight Middle School, will include breakfast and lunch and is free to the public. Registration is required for their headcount.
OTHER BUSINESS
Mayor Schwarz asked for any other business. There being none, he stated the next Council meeting will be Wednesday, March 3, 2004 at 7:00 p.m. in the Administrative Offices.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 8:35 p.m.
_______________________________________
/s/ Christopher J. Layton, Town Clerk
Approved:
_______________________________
/s/ Gene Schwarz, Mayor
Last updated March 4, 2004
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