TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
April 7, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, April 7, 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 led the Pledge of Allegiance and the moment of silence.
Mayor Schwarz stated that two new items were added to the agenda at the last minute. It was consensus of Council to add these items to the agenda.
SPECIAL PRESENTATION
Recognition of Police Officer Jeff Ackerman for Being Awarded the Intermediate Law Enforcement Certificate
Chief Dale Hamilton was recognized to speak. He stated that Officer Jeff Ackerman had completed his Intermediate Level Certification for law enforcement. He presented Officer Ackerman with a certificate in honor of his achievement. Chief Hamilton stated that the police department is in the process of hiring Charlie Nieman and that Officer Nieman will be starting on Sunday, April 11, 2004.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments.
Charlie Pratt of 126 Pintail Drive was recognized to speak. Mr. Pratt stated that the subject of a need for a library or library services was brought up at the Council’s Retreat. He stated that this would a good time to move forward on getting this in place. He stated he thought it would be realistic to have a system of delivery of books from one of the Dare County branches to a central point in Duck on a weekly basis. Return of the books would be done the same way. Library card holders could use the internet to see which books are available, call the library and place their order. He stated he did not think it unrealistic to have this process in effect by early this summer.
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 March 3, 2004 regular meeting and the March 17, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the March 3, 2004 meeting for changes. Town Manager Layton stated that one correction had been made and was included in the revised minutes.
Councilor Morrison moved to approve the March 3, 2004 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the March 17, 2004 meeting for changes. Deputy Town Clerk Kopec stated that one correction had been made and was included in the revised minutes.
Councilor Thibodeau moved to approve the March 17, 2004 minutes as amended.
Motion carried 5-0.
PUBLIC HEARING
PUBLIC HEARING ON ORDINANCE 04-03, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF DUCK, NORTH CAROLINA, REGARDING NONCONFORMING SITUATIONS
Mayor Schwarz directed Planning Director Cotellessa to review the changes to the ordinance and the impacts.
Planning Director Cotellessa stated that nonconforming properties have been the subject of discussion over the last six months after the Town enacted new regulations regarding residential development in July, 2003. The Planning Board held several meetings on the issue, with input from the building community and individuals on it. She stated that many of the properties in Duck became nonconforming with respect to parking, location of accessory structures, and number of bedrooms, with the concern that citizen’s investments are protected in existing single family homes.
The amended ordinance has been recommended for adoption by the Planning Board. The major changes are the deletion of specified amortization schedules for properties in the S-1 and V-C zoning districts in favor of a more uniform approach to treatment of nonconforming properties across the districts; the retention of the currently existing alternative setback and lot coverage regulations for existing substandard lots of record as of November 1975; and special provisions for reconstruction of single-family homes which are lost due to casualty loss. The amended ordinance also provides for reconstruction of multi-family dwellings to their existing site plan in the case of a casualty loss.
Planning Director Cotellessa went on to review the amended ordinance with Council and the audience.
Mayor Schwarz opened the public hearing on Ordinance 04-03 and asked for comments from the public.
Kevin Schwartz of the Outer Banks Homebuilders Association and the Outer Banks Association of Realtors was recognized to speak. Mr. Schwartz stated he supported the ordinance and appreciated all the hard work of the Planning Board and staff. He urged Council to pass the ordinance because it will protect the property owner’s rights. Mr. Schwartz stated he had reservations about Section 33(e)2. He asked Council to consider the enormous amount of latitude that will be placed in the hands of one person. He asked for standards to be developed after the ordinance is passed so people will know what the section means.
Mayor Schwarz asked for other comments. There being none, he closed the public hearing.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
UPDATE ON THE BUILD THE BRIDGE COMMITTEE
Mayor Schwarz recognized John Wander to speak. Mr. Wander gave Council and the audience an update on the progress of the Build the Bridge Committee. He stated that they are continuing their publicity work and have gotten all of the government agencies on the Outer Banks to pass a legal paper stating that they want the bridge and do not want to widen the road. He stated the Committee has gotten 18,000 petitions signed and are working on erecting a sign on the mainland. They also have a billboard that will go up soon.
Mr. Wander reviewed the meetings that the Committee has attended to Council and the audience. He stated that NCDOT had performed a study in 1998 in regard to widening NC12. At that time, it was determined that 11 eleven homes and 10 businesses would be affected. The Committee performed their own study and determined that 83 homes and 44 businesses would be affected. He stated that NCDOT estimated the cost to widen the road would be $63 million dollars. The Committee estimated it would cause a residential loss of $183 million dollars, which includes $19 million dollars for the business properties.
Mr. Wander stated another project the Committee has started is a Snowflake List, which is published on the Build the Bridge website. The list contains the names, addresses and emails of the people that can be contacted to get support for the bridge. Mr. Wander stated there are over 11,000 members in support of the bridge. He stated that a person could join by giving $25.00 for a yearly membership. Membership monies can be sent to 110 Acorn Lane, Point Harbor, NC 27964. He stated the Committee can always use volunteers and asked that those interested in volunteering call (252) 255-0792 and ask for Bob Palumbo.
Mayor Pro Tempore Beres stated that NCDOT had a cost for the construction of the bridge itself. Mr. Wander stated that construction is not included in the Committee’s numbers; they are only comparing the right-of-way numbers. Mayor Pro Tempore Beres stated he thought that NCDOT’s numbers showed that the cost of construction of the bridge was less than the acquisition and construction of the widening of NC12. Mr. Wander stated the numbers in 1998 showed the cost of the acquisition and widening was roughly three times the cost of building the mid-Currituck bridge, which was close to $87 million.
Councilor Thibodeau asked if the Committee had 11,000 members. Mr. Wander stated she was correct and that the members are from all over the United States.
Mayor Schwarz recommended adding the Snowflake List to the Town of Duck website so citizens could email the individuals on the list stating their support of the bridge.
UPDATE ON LITTER CLEAN UP SCHEDULED FOR APRIL 22, 2004
DISCUSSION/CONSIDERATION OF ORDINANCE 04-04, AN ORDINANCE AMENDING ORDINANCE 02-01, AN ORDINANCE ESTABLISHING RULES OF PROCEDURE FOR THE TOWN OF DUCK COUNCIL
Town Manager Layton was recognized to speak. He stated that several ordinances were discussed at the March mid-month meeting. At that meeting, several inconsistencies were found in three of the ordinances. Ordinance 04-04 addresses the first of the three ordinances. Town Manager Layton went on to review the changes to Ordinance 04-04 with Council and the audience.
Councilor Morrison asked if in Section 17, the words “not on the agenda for that meeting” should be in the ordinance. Town Attorney McRee stated the language is intended for matters related to a public hearing. He suggested it read; “for any matter not on the agenda for public hearing at that meeting.”
Mayor Pro Tempore Beres pointed out the date at the end of the ordinance and suggested it be corrected to look like the other ordinances.
Councilor Caviness moved to adopt Ordinance 04-04, an Ordinance Amending Ordinance 02-01, an Ordinance Establishing Rules of Procedure for the Town of Duck Council.
Motion adopted 5-0.
Town Manager Layton was recognized to speak. He stated that this ordinance was the second one that required clarifying changes. He went on to review the changes of Ordinance 04-05 with Council and the audience.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-05, an Ordinance Amending Ordinance 02-02, an Ordinance Providing for Administration of the Town of Duck; Providing for the Form of Ordinances; Authorizing the Creation of Regulatory Templates; and Establishing a Planning Board and Board of Adjustment for the Town.
Councilor Morrison stated the Ordinance title should not have the Board of Adjustment listed on it since the section was deleted.
Motion adopted 5-0.
Town Manager Layton was recognized to speak. He reviewed the changes of Ordinance 04-06 with Council and the audience.
Councilor Caviness moved to adopt Ordinance 04-06, an Ordinance Amending Ordinance 02-06, an Ordinance Defining and Prohibiting Abandoned, Nuisance and Junked Motor Vehicles in the Town of Duck.
Motion adopted 5-0.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF ORDINANCE 04-03, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF DUCK, NORTH CAROLINA, REGARDING NONCONFORMING SITUATIONS
Mayor Schwarz asked Council if they had any questions for Planning Director Cotellessa in regard to the Ordinance. Mayor Pro Tempore Beres asked if in the preamble to the ordinance, should the second whereas have the language “not promote” in it. Planning Director Cotellessa stated the Planning Board had discussed this and wanted to have language that would protect the rights of existing nonconforming properties to be rebuilt in the event of a casualty loss, but not to make an ordinance that would wholesale allow whatever changes whether it conformed to the current regulations or not on the property. Mayor Pro Tempore Beres suggested using the word “permit” rather than “promote”. Planning Director Cotellessa stated the Planning Board was trying to come up with language that would not be negative. She stated that whatever language Council decides can be placed in the Ordinance.
Councilor Thibodeau agreed with Mayor Pro Tempore Beres on using “not permit” as opposed to “not promote”. She asked why number six was put in the preamble, since the ordinance does not deal with commercial uses. Planning Director Cotellessa stated the ordinance would provide for appropriate treatment of commercial structures by creating special mechanisms, not by having wording in this ordinance. The section of the ordinance that pertains to preamble number six has been deleted.
Councilor Thibodeau thanked the Planning Board for their hard work. She asked what the intent of the Planning Board would be in regard to adding elevators or handicap ramps. Planning Director Cotellessa stated the ordinance addresses rebuilding in case of casualty losses and doesn’t specifically address elevators or handicap ramps. She stated that on a nonconforming property, a deck or sunroom could be added, provided it meets the ordinance. She stated the Planning Board is in the process of reviewing the zoning ordinance. As they go through the process, they will be looking at elevators and handicap ramps.
Mayor Pro Tempore Beres moved to change the language in item two of the preamble so that it reads; “to protect the rights of legally existing nonconforming lots, structures, buildings, signs, development and uses, and to limit their expansion or enlargement.” He stated this new language is more in line with the intent of what is contained in the ordinance.
Councilor Caviness asked if changing the language alters the ordinance. Town Attorney McRee stated it was not a substantive change that would require a public hearing. Planning Director Cotellessa stated that the language is in the preamble and will not be in the text of the ordinance.
Mayor Schwarz stated he liked the word “promote” in the preamble and did not agree with the change.
Motion denied 2-3 with Mayor Schwarz, Councilor Thibodeau and Councilor Caviness dissenting.
Councilor Morrison moved to adopt Ordinance 04-03, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding Nonconforming Situations.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF A RESOLUTION HONORING THE TOWN OF SOUTHERN SHORES ON THE OCCASION OF ITS 25TH ANNIVERSARY
Mayor Schwarz directed Council to their copy of the resolution and proceeded to read it to the audience. He stated that the Town of Southern Shores has been helpful in the Town of Duck’s development and felt it was appropriate to pass the resolution.
Mayor Schwarz moved to adopt Resolution 04-06, Resolution of the Town Council of the Town of Duck, North Carolina, Honoring the Town of Southern Shores, North Carolina on the 25th Anniversary of its Incorporation.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF A CONTRACT WITH VANASSE HANGEN BRUSTLIN, INC. (VHB) FOR MASTER PLANNING SERVICES RELATED TO THE MUNICIPAL PROPERTY
Town Manager Layton stated in January, 2004 the Town formed the Municipal Property Master Plan Study Committee to begin the process of developing the Town property. As part of the process, it was determined that professional consultant help would be needed with the public input process, developing the concepts and to seek recommendations for best uses for the property. In February, 2004, members of the Committee and Town Manager Layton interviewed three consulting firms who submitted proposals. After interviewing all three, the Committee decided that VHB most closely met the qualifications that they were looking for. A scope of work and fees were negotiated shortly after. Town Manager Layton stated the cost of the project will be $53,389.00, of which $12,000.00 will be expended before July 1, 2004. He then introduced Chris Dewitt from VHB to Council and the audience.
Mr. Dewitt reviewed the scope with Council and the audience. He stated the scope is heavily focused on public involvement. He stated their goal is to allow the public and help them gain ownership of the project. He stated the process involves two public input sessions with the first held very early in the process to develop concepts of what would be best on the site. The second public meeting would be held after a series of alternatives are developed for the site. He stated the key to both meetings is how well they are advertised, how well word of mouth is spread and the amount of attendance and participation at meetings. He stated that the firm would be putting full length articles in both newspapers to get the word out.
Town Manager Layton stated the final product would include two concepts – one that would include a municipal building and one that would not.
Councilor Thibodeau stated the proposal was very comprehensive. She asked if when the firm looks at the final phase, will they give the Municipal Property Committee guidance in terms of expense involved or will it be laid out without addressing expenses. Mr. Dewitt stated the numbers will be ballpark figures to begin with. Councilor Thibodeau asked if the two concepts – one with a municipal building and one without – would be throughout the project. Mr. Dewitt stated she was correct.
Councilor Thibodeau moved to approve authorizing the Town Manager to enter into a contract with VHB, Inc. for master planning services related to the municipal property.
Motion approved 5-0.
Planning Director Cotellessa was recognized to speak. She stated that in order for the Planning Board to fulfill its obligations under Ordinance 02-02, they have created a set of bylaws which are basically rules and procedures for how their meetings should be run.
Councilor Caviness moved to approve the bylaws of the Planning Board.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF AN NCDOT BICYCLE AND PEDESTRIAN PLANNING GRANT APPLICATION
Town Manager Layton stated that the concept of a sound side boardwalk was brought up at the Council Retreat in January with some enthusiasm in exploring the idea. NCDOT has a grant that provides funding for bicycle and pedestrian planning grants. He stated he would like to submit an application for the full amount of $20,000.00 to do a feasibility study on a sound side boardwalk. If the money is granted, the match would be $4,000.00.
Councilor Caviness asked if the grant is approved, would the money be put towards the Municipal Property Master Plan Study Committee. Town Manager Layton stated that was his intent.
Mayor Pro Tempore Beres moved to authorize the submittal of the NCDOT bicycle and pedestrian planning grant application.
Motion approved 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney McRee was recognized to speak. He stated he did not have anything to report in open session.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on the Municipal Property Master Plan Study Committee
Town Manager Layton stated at the last Municipal Property Master Plan Study Committee meeting, there were three recommendations made. The first was in regard to parking on-site on the south side of Herron’s Restaurant. The Committee felt it was reasonable to continue to allow parking, provided it wasn’t overnight. The second recommendation was that access to the remaining property be restricted. The third recommendation was to promote awareness of the property with signs constructed and erected on the site that would state: “This property is in the process of being master planned for use by the Duck community. To provide input on the master plan and to keep up to date with its progress, please visit http://www.townofduck.com/.” This sign would show people where the property is and to get the awareness out.
Mayor Schwarz recounted the three recommendations: (1) allow parking on the south side of Herron’s Restaurant to continue. Councilor Caviness asked if the access to the property is through Herron’s parking lot. Town Manager Layton stated she was correct and that he had spoken to Mr. Herron and he is comfortable with it.
Mayor Schwarz stated the second recommendation is to restrict access to the remaining property. Councilor Thibodeau asked how people would be restricted from the remaining property. Town Manager Layton stated that “No Trespassing” signs would be posted.
Mayor Schwarz stated the third recommendation is to erect signs on the property. Councilor Morrison asked how many signs would be erected. Town Manager Layton stated there would be two on the site by Herron’s Restaurant and one by the Rodgers house. Councilor Thibodeau asked if Council could see a draft sign and give input before a final sign is made. Town Manager Layton stated he would provide Council with a conceptual drawing.
Councilor Caviness moved to approve the three recommendations from the Municipal Property Master Plan Study Committee.
Motion approved 5-0.
Discussion of Ordinances for Review for the April Mid-Month Meeting
Town Manager Layton stated that copies of the next six ordinances were in Council’s packets and will be reviewed at their April mid-month meeting.
Budget Amendments
Town Manager Layton requested a transfer of $12,000.00 from the fund balance to the special services, economic and physical development fund to pay for the initial phase of the contract with VHB, Inc.
Mayor Pro Tempore Beres moved to approve the transfer of $12,000.00 from the fund balance to cover costs associated with the initial phase of the contract with VHB, Inc.
Motion approved 5-0.
Financial Statement for the Month of March 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.
Request to Advertise for a Public Hearing on Amendments to the Zoning Ordinance Related to Zoning Setback Issues
Town Manager Layton stated the Town has been recently dealing with minor issues that the Zoning Ordinance does not give them authority to deal with. The amendment would address the issues.
Planning Director Cotellessa was recognized to speak. She stated there are two situations the Town is dealing with. The first deals with setbacks. Setbacks on homes have not included the overhang. The ordinance states a home can encroach on the front setbacks with the overhang but not with the side setbacks. Several homes are presently under construction that could have this issue come into play. She asked Council for permission to go to the Planning Board, get a recommendation and come back to Council with the amendment. One amendment would allow overhangs to encroach the setbacks by up to twelve inches and still allow the front setback to encroach up to three feet to allow covered entryways or stairs.
The second issue is the occasion where people have laid concrete for pools and missed the line by a few inches of the property line. The remedy would be to take a saw to the pool and cut a full inch off the length of it. It is not unusual to have in the zoning ordinance a feature to have the ability for an administrative reduction when there is an error.
The initial draft would be taken to the Planning Board to go over the two issues. One recommendation would be to provide a limited, up to ten percent of the setback itself, that could be approved, making the building legal. The other recommendation would be to allow eave encroachment. Planning Director Cotellessa stated she would like to take this to the Planning Board on April 16, 2004 to introduce it to them on April 28, 2004 for their recommendation. A public hearing would be held on May 5, 2004.
Mayor Schwarz asked if Planning Director Cotellessa was asking Council for permission to go to the Planning Board and to advertise for a public hearing. Planning Director Cotellessa stated he was correct. Town Manager Layton stated that if the Planning Board would not see fit to recommend these issues for approval, then it would be pulled from the public hearing.
Councilor Thibodeau moved to approve the request to advertise the public hearing provided the Planning Board concurs with the proposed amendments.
Motion approved 5-0.
MAYOR’S AGENDA
Discussion/Consideration of a Resolution in Favor of a Flexible Attendance Policy for Dare County
Mayor Schwarz stated the Town of Nags Head sent a letter to him that lays out their concerns regarding the Board of Education’s policy limiting the choice of where the children in Dare County can go to school. The Town of Nags Head performed a study that shows the overwhelming majority of citizens in Nags Head that have school-aged children and would like their children to attend the new high school. The resolution would ask the Board of Education to review the impacts of current attendance policies and consider a flexible attendance policy to allow Dare County students to access a school of their choice and promotes community schools and parental involvement.
Mayor Schwarz apologized for this resolution coming in so suddenly and stated that if Council was not ready to vote on it, it could be held off till the mid-month meeting.
Councilor Thibodeau asked if the flexible attendance policy would allow any child in Dare County to attend any school that is best suited for their family. Mayor Schwarz stated she was correct.
Town Attorney McRee stated the biggest concern is when the new school opens, the Board of Education would continue to have a flexible attendance policy. Students in Currituck County presently can attend Dare County schools if their parents work in Dare County. Students in Ocracoke can attend the Cape Hatteras Schools for the same reason. Due to the inflexibility, citizens in Nags Head are literally moving to Kill Devil Hills, Kitty Hawk and Southern Shores, so their children can attend the beach high school. Also a large segment of the children in Nags Head live within a three mile reach of the new high school versus the twelve miles to Manteo High School.
Mayor Schwarz moved to adopt Resolution 04-07 in support of the flexible attendance policy for Dare County.
Mayor Pro Tempore Beres asked how the Town of Manteo feels about the flexible attendance policy. Town Attorney McRee stated that the mayor of Nags Head would be meeting with the Board of Commissioners to discuss the resolutions and address the way people have taken offense at what Nags Head is about on this issue.
Councilor Caviness stated the resolution was not about supporting the Town of Nags Head but more about supporting the children of Dare County.
Motion adopted 5-0.
Mayor Schwarz stated that there will be no proposed changes to the occupancy tax distribution. He ended his time by stating that his wife had read an article in Coastal Living that spoke highly of the Town of Duck. Mayor Schwarz read excerpts from the article to Council and the audience.
COUNCIL MEMBERS’ AGENDA
Update on Town Council, Planning Board, Board of Adjustment Compensation
Councilor Morrison stated at the Retreat there was a lengthy discussion regarding compensating the Town Council and Boards within the Town. Statistics were presented indicating that North Carolina has 102 towns with populations of less than 2,500 people. Of the 102 towns, 87 compensate their town council. He stated that he and Councilor Thibodeau met and came up with recommendations regarding levels of compensation for the Town of Duck. In order to do so, a Charter change is required and can be accomplished with a referendum to occur on November 2, 2004.
Councilor Thibodeau reviewed the figures and recommendations with Council and the audience. She stated that by providing compensation, it may promote more involvement in the Town government. She stated the recommended figures would not be the final figures and that she and Councilor Morrison took the averages of what the other towns compensate to come up with their figures.
Mayor Pro Tempore Beres asked if Council has the authority to compensate the Planning Board and Board of Adjustment. Councilor Morrison stated he was correct.
Councilor Caviness thanked Councilor Morrison and Thibodeau for their work on this project.
Town Manager Layton stated he believed Council had discussed having a public hearing on a resolution requesting that the referendum be added.
It was consensus of Council that this item be put on the agenda for either the May 5, 2004 or June 2, 2004 Council meeting. Councilor Caviness suggested it be done at the May meeting.
Update on Dare Days Preparations
Councilor Morrison stated that Dare Days will be held on Saturday, June 5, 2004 at the Manteo waterfront. He stated he spoke to Melva Garrison who is heading up the celebration. He stated that the Town of Duck is the only town that signed up for Dare Days. Councilor Morrison asked Council if they wished to continue to participate in the function. Councilor Thibodeau stated that the Town of Duck really has no special reason to promote itself. Councilor Morrison stated he asked Ms. Garrison if the Chamber of Commerce or other civic clubs were participating and she said they weren’t. Councilor Caviness stated that if there were a program that all the towns could promote, it would be appropriate to participate in the celebration.
It was consensus of Council to drop the Town’s participation of Dare Days.
Discussion/Consideration of Request from the Duck Volunteer Fire Department regarding Personnel
Councilor Caviness stated that at the mid month meeting of the fire department, discussion came up regarding the role of the fire department’s Board of Directors and its inability to deal with personnel matters. After much discussion, there was a unanimous vote to designate one member of the department to investigate the possibility and feasibility of restructuring the fire department so that the Town would assume the matters regarding personnel. Donna Black, Deputy Chief of the fire department, agreed to gather information from the Institute of Government and the North Carolina League of Municipalities regarding the restructuring and feasibility.
Mayor Schwarz stated he would like to have a joint meeting with the Duck Fire Department at the May mid-month meeting and at that time have Ms. Black make presentations to Council as to how the restructuring would work. In the meantime, he asked that staff look at this and come up with a cross benefit or analysis on how it would impact the Town. Ms. Black stated that the restructuring would be for paid personnel and not the volunteers.
Councilor Morrison asked how many members are paid personnel. Aubrey Kitchin was recognized to speak. He stated the paid personnel consisting of the Fire Chief and an Administrative Assistant. He stated there are 2 part-time employees but was not sure if they would come under the restructuring.
Town Manager Layton added that the fire department does not currently have an Administrative Assistant and the police chief has offered his Administrative Assistant to provide support for the fire department in the interim period. Councilor Morrison asked if the fire department is still interviewing for an Administrative Assistant. Town Manager Layton stated he did not think they were. Councilor Thibodeau asked if Chief Hamilton’s assistant would be overloaded taking on the additional responsibilities. Chief Hamilton stated she would not, but if she feels overloaded, they would cut back on her schedule.
OTHER BUSINESS
Mayor Schwarz asked for any other business.
Councilor Caviness stated she had attended the substance abuse forum and had brought back some brochures for the police department and the Town office. She went on to recite statistics to Council and the audience in regard to substance abuse of Dare County students.
Councilor Morrison stated that the Planning Board will have two member’s terms expire on May 1, 2004 – Linda Nave and John Jenkins. Ms. Nave does not wish to be re-appointed, but Mr. Jenkins would like to be re-appointed for another term. The terms are for three years each. He suggested Council consider if they would like to nominate someone to these vacancies and let him know so arrangements can be made. At the May meeting, the two people will be nominated and appointed. Mayor Schwarz directed Council to contact Councilor Morrison to let him know if there is someone they wish to see nominated so he can contact the person.
Councilor Morrison stated that he sees an increasing demand for elevators in homes as the population ages. He stated he had spoken to the Chief Executive Officer of BD&A and was told that ninety percent of the homes they build have elevators in them. He asked the Planning staff and Planning Board to consider ways to facilitate the installation of elevators in residences or perhaps exclude the footprint of an elevator from lot coverage.
Councilor Morrison moved to direct Planning staff to look into excluding the elevator footprint for homes to find ways to facilitate the installation of elevators as well as handicap access ramps.
Motion carried 5-0.
Councilor Thibodeau stated the library idea brought up during public comments sounded like there was some thought put into how it could happen and would like to get more information on how a library drop off could be achieved in Duck. Mayor Schwarz and Council asked for volunteers to support Charlie Pratt in serving on a committee for the library. Mayor Schwarz volunteered his wife, Rosalie Schwarz, to the committee. Marilyn March volunteered for the committee as well.
Town Manager Layton reminded Council and the audience of the dune workshop on April 8, 2004, as well as the hazard mitigation meetings on April 12, 2004, all being held at the Duck Volunteer Fire Department.
Mayor Schwarz asked for any other business. He stated the next Council meeting would be on April 21, 2004 at 1:00 p.m. He asked for a motion to go into closed session.
Councilor Morrison moved to enter closed session to consult with an attorney employed by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.
Motion carried 5-0. The time was 9:05 p.m.
Upon return from closed session, there was no further business. Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0. The time was 9:25 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor