TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
March 3, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, March 3, 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., Planning Director Suzanne Cotellessa and Deputy Town Clerk Lori Kopec.
Mayor Schwarz called the meeting to order at 7:00 p.m. Mayor Schwarz recognized Sarah, stepdaughter of Town Manager Chris Layton, to lead the Pledge of Allegiance. Mayor Schwarz led the moment of silence.
SPECIAL PRESENTATION
Recognition of Police Officer Bruce Farmer for Being Awarded the Advanced Law Enforcement Certificate
Town Manager Chris Layton was recognized to speak. He stated that Police Chief Dale Hamilton has been appointed to the Board of Directors for Region 9 of the North Carolina Association of Chiefs of Police. Chief Hamilton reminded Council and the audience about the crime prevention seminar being held at the Duck Volunteer Fire Department on Monday, March 8, 2004 from 9:00 a.m. to 12:00 p.m. Town Manager Layton mentioned that the agenda is available on the website.
Chief Hamilton stated that Officer Samuel Bruce Farmer had completed his Advanced Level Certification for law enforcement. He presented Officer Farmer with a pin and a certificate in honor of his achievement. Chief Hamilton stated that Officer Farmer is the third officer to achieve this status, with Officer Kevin Moye and Officer Phillip Ferguson having completed their certifications prior to becoming employed with the Town of Duck Police Department.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments.
Bart Smith of 121 Sea Hawk Drive West was recognized to speak. Mr. Smith stated he has concerns in regard to Resolution 04-01, which established the Municipal Property Master Plan Study Committee. He commended Council for their perseverance in purchasing the Municipal Property. He then went on to read a few paragraphs of the resolution to the Council and audience, stating that he does not agree with the sentence that states the Committee is charged with coming up with an appropriate area of the property for a municipal building and associated parking. He felt this sentence should not be in the resolution at all because it does not take the public’s opinion into consideration as to whether a municipal building should be there. He recommended that Council amend the resolution, strike the sentence from it and allow the Committee to do perform their duty without the municipal building hanging over their heads.
Jon Britt of 102 Nor’banks Drive was recognized to speak. Mr. Britt stated he wished to echo the comments of Mr. Smith in regard to the municipal property. He stated he would be getting input from the Duck Civic Association to the Committee. He stated he agreed the resolution should not include the language about the municipal building and felt the Town should not have a municipal building on the property at all. He felt the property should be used as green space and that the Town should pursue purchasing the Corps of Engineer property, if it becomes available, for a municipal building.
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 February 4, 2004 regular meeting. Mayor Schwarz directed Council to review the minutes for changes. Mayor Pro Tempore Beres stated he had one typographical change.
Mayor Pro Tempore Beres moved to approve the February 4, 2004 minutes as amended.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
DISCUSSION/CONSIDERATION OF A RESOLUTION IN SUPPORT OF ARBOR DAY
Councilor Thibodeau was recognized to speak. Councilor Thibodeau stated that the idea of Arbor Day was discussed at the Retreat. She commended Don Dillin with bringing this item forward in time to celebrate Arbor Day. She stated that Arbor Day falls on the first Friday after March 15 with this year’s being March 19, 2004. She encouraged the audience and Council to stand behind the resolution and support the growth of trees and vegetation.
Councilor Thibodeau moved to adopt Resolution #04-05 declaring March 19, 2004 as Arbor Day. Mayor Schwarz read the resolution to the audience.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE #03-18 PROHIBITING PARKING IN CERTAIN PLACES WITHIN THE TOWN OF DUCK
Town Manager Layton was recognized to speak. Town Manager Layton stated he had received a letter from the Poteskeet Property Owners Association requesting the cul-de-sacs in the subdivision be added to the roads where the police can enforce parking. The ordinance adds the Poteskeet subdivision to the list.
Councilor Thibodeau asked if the Town provides “No Parking” signs to the subdivisions that requests them. Town Manager Layton stated the Town provides the signs to the private streets and will request to NCDOT that they post the signs on the public streets. He stated that he requests that the subdivision contact mount the signs in the subdivision. Councilor Thibodeau asked if all of the no parking signs in Duck look the same. Town Manager Layton stated that all the signs that the Town has ordered look the same.
Mayor Pro Tempore Beres stated he has not seen the “No Parking” sign and asked what they look like. Deputy Town Clerk Lori Kopec showed the audience and Council the “No Parking” signs.
Councilor Morrison moved to adopt Ordinance #04-02, amending Ordinance #03-18, prohibiting parking of vehicles in certain places within the Town of Duck.
Motion adopted 5-0.
DISCUSSION OF OCCUPANCY TAX ISSUES
Mayor
Schwarz stated that this issue had come up at the January and February mayor’s
meeting. Mayor Pro Tempore Beres was recognized to speak. Mayor Pro
Tempore Beres stated the issue was initiated by Mayor Paul Sutherland of
Southern Shores. Mayor Sutherland felt that the current methodology in the
distribution of the occupancy tax needed to be changed. Mayor Tempore
Beres stated that Mayor Sutherland wanted the occupancy tax to be changed based
on a population basis as opposed to an ad valorem basis. After much
discussion, the mayors decided to ask the North Carolina League of
Municipalities for help with this issue. Any change would require new
legislation to amend the current legislation.
Councilor
Thibodeau stated that the scenario that Town Manager Layton had provided to
Council was extremely helpful and informative. She encouraged the audience
to view the scenario online so they could see for themselves how the
Town of Duck would be
affected if there were a change.
Councilor
Caviness asked what steps Southern Shores would have to go through to have the
change introduced to the legislature. Mayor Schwarz stated that Southern
Shores would not pursue this on its own because it would have to be a joint
effort. Town Attorney Ike McRee stated that Nags Head had requested that
the legislative delegation not initiate any changes unless all the towns are in
agreement of the change. Mayor Schwarz stated he has a call into the Town
of Nags
Head to
coordinate the Town of
Duck’s position
with the Town of Nags
Head.
Town Manager Layton reviewed with the audience how the Towns in Dare County get their portion of the occupancy tax.
Mayor Schwarz stated that the Town of Duck is a tourist community and the taxes coming in go towards the tourist industry. He stated that the Town of Nags Head and the Town of Kitty Hawk will also be impacted if the issue changes.
Mayor Pro Tempore Beres stated that as long as the parameters are developed for a study and all the issues are looked at, the Town should come out ok.
DISCUSSION OF CURRITUCK COUNTY’S POSITION ON THE WIDENING OF NC12
Town Manager Layton was recognized to speak. He stated that recently the Town was made aware of an article in the Currituck County News that stated that the Board of Commissioners had sent a resolution to the Department of Transportation, asking for the widening of NC12 and that the project would start as money becomes available in the state budget. He stated that Mayor Sutherland of Southern Shores immediately wrote several letters requesting clarification of the issue and that Southern Shores is opposed to the widening of NC12. Town Manager Layton stated he had met with Dan Scanlon of Currituck County and Carl Classen of Southern Shores to get clarification on Currituck County’s position. Mr. Scanlon stated that the County was in favor of the mid-Currituck bridge. The purpose of stating their desire of widening NC12 was to see something happen in the interim time period. Currituck County also stated they would like to see strategically placed turn lanes on NC12 in the interim period. Town Manager Layton stated a meeting was to be set up with the mayors and the county board chairman to sit and talk about the issue.
Town Manager Layton stated that at the Retreat it was discussed at length the options related to ocean rescue. As a result of the discussions, he negotiated with Mirek Dabrowski of Sandski, LLC to extend their ocean rescue services for three (3) additional years beginning July 1, 2004 with a two (2) year option to extend it. Town Manager Layton reviewed the proposal with Council, including extending the length of service into October and a red flag warning system.
Councilor Caviness stated she would like to see the contract extended through the Columbus Day weekend due to the fact that there are still a good number of visitors on the beach. Town Manager Layton stated that Mr. Dabrowski is willing to extend the contract if needed. He stated that the Town also has the option to add additional lifeguards.
Councilor Thibodeau stated it was nice to know the option was there for extending the contract if needed. She asked for a clarification on the red flag warning and how it is different from previous years. Town Manager Layton stated that traditionally the County provided the flags and flagpoles. Mr. Dabrowski still has access to both of these and the Town should not have to purchase either in the coming year, but if there is a need for additional ones, the Town may be required to purchase them. Councilor Thibodeau asked if the process for alerting the Town Manager, Chief of Police and Fire Chief in regard to the red flags is more formalized this year. Town Manager Layton stated there wasn’t a requirement in the past. He stated the police and fire department need to be made aware of the red flags in case of a need of assistance.
Mayor Pro Tempore Beres moved to authorize the Town Manager to contract for ocean rescue services.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF A CONTRACT TO REMOVE THE TRAILER AND DEBRIS FROM THE TOWN PROPERTY
Town Manager Layton started the discussion by stating the contract would not include the Rodgers’ house on the property. The property has a blighted trailer and shed, which have no value and need to be removed. Town Manager Layton asked for permission to contract for the removal of the trailer and the shed. Any decision regarding the Rodgers’ house will be made later on. He stated he received two (2) quotes for removal of all three structures with the low bid being $4,450.00. He felt he could have the trailer and shed removed for about $2,000.00, but asked for permission to expend up to $4,000.00.
Councilor Caviness moved to approve the contract to remove the trailer and the shed, not to exceed $4,000.00.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF THE DATE FOR BULK TRASH/YARD WASTE REMOVAL
Town Manager Layton stated that the Town provides bulk trash pick up twice a year, with the spring pick up being near the Easter holiday. He requested the date for the bulk pick up to be Thursday, April 15, 2004. In addition, he recommended that Waste Management be able to pick up yard debris as long as the debris is no longer than four (4) feet in length, bagged or bundled and not weigh more than fifty (50) pounds. He stated the service is designed to get rid of yard debris, not including stumps or large trees. He stated if the date is approved, the pick up will be advertised on the website as well as in the newspapers.
Mayor Schwarz asked if both trash and bulk items would be picked up on the same day. Town Manager Layton stated it would, with two (2) different vehicles picking the items up. He also stated that by approving this date early, it can be put in the newsletter.
Councilor Thibodeau stated she liked having it all done on one day. Mayor Pro Tempore Beres stated that the removal of yard waste will be a welcome addition for the citizens of Duck.
Mayor Pro Tempore Beres moved to set the bulk trash date as April 15, 2004.
Motion carried 5-0.
DISCUSSION OF DARE DAY 2004
Town Manager Layton stated he received a letter from Melva Garrison, Coordinator for the Dare Day Festival, offering the Town of Duck a booth to promote the Town. Dare Day will be held on Saturday, June 5, 2004 from 10:00 a.m. to 9:00 p.m. He stated that if this is something the Town would like to pursue, preparations will have to get started now.
Councilor Thibodeau stated she would be happy to help staff the booth for an hour or two. Mayor Schwarz stated he felt it was a great chance to get the Town’s name out to the public. He stated that Councilor Morrison has agreed to volunteer for the event and lead the rest of Council on what needs to be done. Mayor Schwarz suggested that each Council member help out with the booth and work with the staff to get things going.
Mayor Schwarz stated that he was not available to help out with the Fall litter sweep back in September 2003, but that Paul Keller had done such a wonderful job heading up the last two litter sweeps. Mayor Schwarz stated that he would like to have Mr. Keller head up the Spring litter sweep for April. Mr. Keller asked when the litter sweep would be. Mayor Pro Tempore Beres stated the sweep would be from April 17 through April 30, 2004. Mr. Keller stated he would be happy to head up the sweep.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Discussion of Setting the Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, Regarding Nonconforming Situations for April 7, 2004
Town Manager Layton stated the Planning Board has finished their work on the nonconforming issues and are ready for it to be sent for a public hearing. He asked Council’s permission to set a date for the public hearing for Wednesday, April 7, 2004. He stated that the matter can be discussed in more detail at the mid month meeting.
Councilor Thibodeau asked if the mid month meeting would be an appropriate time to review any questions regarding the ordinance. Mayor Schwarz stated that she was correct. Mayor Schwarz stated that Town Manager Layton and Planning Director Sue Cotellessa would go over the ordinance, line by line, so that Council is clear.
Councilor Morrison moved to authorize the Town Manager to schedule and advertise for a public hearing on an ordinance amending the zoning ordinance of the Town of Duck at the Council’s April 7, 2004 meeting.
Motion carried 5-0.
Councilor Caviness thanked the Planning Board members and Planning Director Cotellessa for their hard work on the amendment to the ordinance.
Discussion of North Carolina Coastal Communities Coalition Meeting Scheduled for March 18 and 19
Town Manager Layton stated that on March 18 and 19 the North Carolina Coastal Communities Commission will hold a meeting at Jockey’s Ridge. He asked Council to let him know as soon as possible if they wanted to attend this meeting.
Mayor Schwarz encouraged Council to attend the meeting.
Discussion of Ordinances for Review for the March Mid-Month Meeting
Town Manager Layton stated that at the Retreat it was discussed that Council would start going over the ordinances at their mid month meetings. He provided copies of the ordinances that will be reviewed at the March mid month meeting. He instructed the audience that the ordinances Council will be reviewing are on the website
Councilor Thibodeau asked if there will be criteria for the review. Mayor Schwarz stated that Council will be reviewing the ordinances in their entirety.
Councilor Caviness stated the ordinances will be reviewed in a certain order, mostly with ones that deal with issues that will be dealt with in the near future.
Mayor Pro Tempore Beres asked if any actions would result from the reviews. Mayor Schwarz stated that recommendations could be made for follow up meetings. If there are substantive changes, then a public hearing will be recommended.
Town Manager Layton stated that the purpose of looking at the ordinances would be to jog the memory of Council so they can review the ordinances that have been passed.
Discussion of Mixed Beverage/ABC Tax Overpayment by the Dare County ABC Board
Town Manager Layton stated he received a letter from Dare County informing the Town that there was an overpayment by the ABC Board. Dare County has requested a refund of the overpayment in the amount of $35,660.40. Each town in Dare County has received an overpayment. Dare County has invoiced the Town of Duck for the amount and Town Manager Layton asked for permission to return the overpayment.
Councilor Thibodeau moved to authorize the return of the $35,660.40 from the Dare County ABC Board to the Dare County General Fund.
Motion carried 5-0.
Budget Amendments
Town Manager Layton requested a transfer of $40,050.00 from the contingency fund to the governing body category to cover additional expenditures for workers’ compensation and property insurance totaling $15,050.00. The Town is being billed additional money due to the growth of the Town. He stated that waste removal would be another expenditure to help pay for removal of the trailer and for the bulk item pick up. The cost for these services total $25,000.00.
Councilor Morrison moved to approve the transfer of $40,050.00 from the contingency fund to cover costs associated with additional workers’ compensation and property insurance as well as waste removal.
Motion approved 5-0.
Financial Statement for the Month of February 2004
Town Manager Layton stated he has not received all of the bank statements to date, but presented Council with a financial report on revenues and expenditures.
Mayor Pro Tempore asked if the year to date numbers reflect the refund to the Dare County ABC Board. Town Manager Layton stated he was correct. Mayor Pro Tempore Beres asked how many payments have been received that is reflected in the report. Town Manager Layton stated that one (1) payment has been received to date.
Councilor Thibodeau complimented Town Manager Layton on the bar graphs that he provides Council each month.
Build the Bridge Update
Town Manager Layton stated he had received an email from Sam Taylor with a copy of an email between the Build the Bridge Committee and the Town of Southern Shores discussing the regional traffic study that has been done for the NCDOT. The Build the Bridge Committee and the Town of Southern Shores had expressed an interest in seeing a draft copy of the study. On March 31, 2004 at the Pitts Center in Southern Shores there will be a meeting in regard to the study. Town Manager Layton stated he did not have a time for the meeting but as soon as he hears, he will let Council know.
MAYOR’S AGENDA
Mayor Schwarz stated he nothing to report.
COUNCIL MEMBERS’ AGENDA
Councilor Thibodeau thanked the Planning Board and Planning Director Cotellessa for their hard work. She stated she wanted to touch on the subject of the speed limit issue. She stated she was not surprised by the amount of emails received that objected to the change, but reiterated that the higher limit only decreases the drive by one (1) minute over the three mile stretch. She felt this is a good safety measure for the Town to take.
Councilor Caviness stated that the emails regarding the speed limit change had three from the same address and were all from residents or workers of Corolla. She wanted to reiterate that the lower speed limit is a safety measure and by lowering it from 45 mph to 35 mph will not cause congestion in the off season. She commended Mayor Pro Tempore Beres on the letter he had written to the Currituck County Commissioners. Councilor Caviness stated at the Retreat, a possible community festival and fireworks display was discussed. She stated the best time to establish an ad-hoc advisory committee on these two things should be done when the municipal property is ready for use. She asked if at the mid month meeting, there could be a discussion on how to pursue having a fireworks display at the Corps of Engineer property.
Councilor Morrison thanked Bart Smith and Jon Britt for their comments earlier in the meeting and wanted to address their concerns. He stated that the Corps of Engineer property would be wonderful to buy, but there is no assurance that it would ever be available to the Town of Duck. He stated that every town has some sort of municipal center and that the Town is operating with a disjointed group of rooms that could be taken away from them. He stated an office for the Town staff and police department as well as a place to hold meetings would be an appropriate use for part of the property. He stated the majority of the property would be for green space, a park or whatever the Committee recommends. He stated the Committee will continue to consider using part of the property for a municipal building.
Mayor Pro Tempore Beres stated that on March 18, 2004 there is a meeting of the newly formed North Carolina Toll Authority in Wilmington, North Carolina. He asked if any Council members can attend, it would be appreciated. He asked to be excused from the mid month meeting due to his planned vacation. He asked Planning Director Cotellessa to develop language amending the zoning ordinance to restrict outdoor lighting of outdoor recreation facilities within the Town of Duck.
OTHER BUSINESS
Mayor Schwarz asked for any other business.
Town Manager Layton stated he would feel more comfortable directing the Planning Board and staff to pursue the outdoor lighting issue if a motion was made.
Mayor Pro Tempore Beres moved to request the Planning Board and Planning Director to develop language amending the zoning ordinance to restrict outdoor lighting in residential areas of Duck.
Councilor Thibodeau stated she thought that restricting people from enjoying time outside in the evening is something the Town would not want to do. She stated the language needs to be carefully crafted.
Town Manager Layton stated the Planning staff will be looking at lighting issues and that this could be incorporated in the review.
Mayor Schwarz agreed with Councilor Thibodeau’s comments.
Motion carried 5-0.
Mayor Schwarz stated the next Council meeting will be Wednesday, March 17, 2004 at 1:00 p.m. in the Administrative Offices.
Mayor Schwarz moved to adjourn the meeting.
Motion carried 5-0. The time was 8:30 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor