TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, April 21, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Nancy Caviness; Councilor Monica Thibodeau; and Councilor Neil Morrison.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton; Town Attorney Donald I. McRee, Jr.; Planning Director Suzanne Cotellessa, Police Chief Dale Hamilton and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
Mayor Schwarz opened the meeting stating that the budget would only be introduced. Town Manager Layton stated he planned to provide an overview of the budget to Council. He stated that he had hoped that at the next meeting, work sessions could be set. He stated it could also be put off until the next mid-month meeting. Mayor Schwarz asked if department heads would be at the work sessions to provide information. Town Manager Layton stated the work session time would be set and each department would be reviewed based on which department head was available. He stated that, with the exception of the fire department and the Outer Banks Community Development Corporation, he has already reviewed the budgets with the department heads and they are comfortable with the numbers. He stated he would have them at the work session to answer any questions that come up. He stated that Council has until June 30, 2004 to adopt the budget, but recommended a public hearing for adoption in early June. Mayor Schwarz reminded Council that at the next mid-month meeting the fire department personnel issue would be addressed. This issue will have an impact on the budget. Town Manager Layton stated the budget was put together without that transition.
Mayor Pro Tempore Beres asked for clarification on the fire department personnel issue. Town Manager Layton stated the issue could be discussed at the next mid-month meeting or it could be done sooner. Town Manager Layton went on to review the proposed budget with Council.
Chief Dale Hamilton was recognized to speak. Chief Hamilton introduced Officer Charlie Nieman to Council. He stated that Officer Nieman is the new employee of the police department and had been a member of the Dare County Sheriff’s office and had previously spent five years in Washington, D.C. with the metro police. Mayor Schwarz, on behalf of Council, welcomed Officer Nieman to the Town of Duck.
Town Manager Layton showed a Power Point presentation overview of the proposed budget to Council, touching on revenues and expenditures of the Town.
Mayor Schwarz directed Council to go back and look at the details of the budget. Councilor Caviness asked if Council should be prepared for mid-May. Town Manager Layton asked if that would be when Council would want to have the budget work session. Mayor Schwarz stated it could be done then unless Council wanted to do it the second week of May. Mayor Schwarz recommended the work session be scheduled for the May mid-month meeting.
Councilor Thibodeau asked if unanticipated expenditures have been taken into consideration for the new budget. Town Manager Layton stated it has been factored into the miscellaneous section of Council’s budget.
Councilor Morrison asked when the increased revenue from the real estate assessments would be seen. Town Manager Layton stated it would be factored into next year’s budget.
Mayor Schwarz recommended a five minute recess before proceeding to the review of ordinances.
The time was 2:00 p.m.
Mayor Schwarz then reconvened the meeting at 2:05 p.m.
REVIEW OF ORDINANCES
Town Manager Layton reviewed Ordinance #02-05 with Council and the audience. He pointed out that Section 4, Definitions, Vehicular beach access point, has language that states that Duck has a Town access point. He stated the Town does not have an access point. He asked if it should be reworded to state: “…maintained by the Town or private subdivision or federal agency.” Town Attorney McRee stated the language says “usually on a town street” and is not limiting. Councilor Thibodeau asked if it should state: “…maintained by the Town or private subdivision.” Town Manager Layton agreed, but suggested it should reference the Corps of Engineers property. Town Attorney McRee suggested striking “usually on a town street” from the definition.
Councilor Morrison stated that Section 6, paragraph 4 has similar verbiage. Town Manager Layton stated there are no designated access points that are marked. Town Attorney McRee suggested putting a period after the word “points”. Mayor Schwarz reminded Council that there are no vehicular access points in Duck. Councilor Caviness stated that there are but none are operated by the Town. Mayor Schwarz asked where the points were. Town Attorney McRee stated they can be privately or federally owned or maintained. Councilor Caviness stated there are access points near the Sanderling Inn and at Caffey’s Inlet. Town Manager Layton stated the access points are at Sanderling, Sound Sea Village, Hillcrest and the Corps of Engineers.
Councilor Morrison asked if anyone could access the beach through the Corps property. Town Manager Layton stated the access is not public and is used for utilities and emergency vehicles. Mayor Schwarz suggested stating that there are no public vehicular accesses in the Town of Duck. Town Manager Layton stated there are points in Duck. Town Attorney McRee stated the ordinance would keep people from driving over the dunes.
Councilor Morrison asked Chief Hamilton how the police access the beach. Chief Hamilton stated that the police, fire department and ocean rescue use the Corps property to access the beach.
Councilor Thibodeau asked if the sentence should end after the word “points”. Town Manager Layton stated she was correct. Town Attorney McRee stated that if the language is not changed, then the public will think they could access the beach anywhere they want in Duck.
Town Manager Layton pointed out that Section 7(c) references a penalty, yet there isn’t a section in the ordinance that references any penalties. Town Attorney McRee stated that violation of a Town ordinance is a misdemeanor offense. Town Manager Layton asked Town Attorney McRee if he would recommend adding a penalty section to the ordinance. Town Attorney McRee stated he would recommend such.
Councilor Thibodeau asked if it should be specified what the mechanism is for the Town Manager to close the beach. Town Manager Layton stated that if conditions are dangerous, safety tape would be used to keep people off the beach. He stated it would only be under extreme circumstances.
Mayor Pro Tempore Beres asked what the need was for Section 8, Reciprocal agreements with county or other towns. Town Attorney McRee stated it would not do anything for the Town. Town Manager Layton stated the section could be removed.
Town Manager Layton reviewed Ordinance #02-08 with Council and the audience. Mayor Schwarz pointed out that on page 3 of Section 1, Definitions, it states that rollout carts will be issued by the Town. He asked if the Town actually issues the rollout carts. Town Manager Layton stated that Waste Management issues them. Mayor Schwarz stated the language would lead a citizen to believe that they could get a rollout can from the Town and that the Town would pay for them. Town Attorney McRee pointed out the second part of the sentence that states the rollout carts will be issued by a person contracted by the Town. Councilor Thibodeau stated she didn’t think that the language would lead a person to believe that the Town would pay for the rollout carts. Town Manager Layton agreed with Councilor Thibodeau and stated that the rollout carts are issued for a fee. Mayor Schwarz reiterated that the language leads a citizen to believe the Town would issue the rollout cart. Town Manager Layton stated that in Section 3 (b) states that the rollout carts must be purchased by the property owner.
Councilor Thibodeau stated she felt the language was strong in Section 2(a) (2). Town Manager Layton stated it basically means that if a person litters, they are violating the ordinance. Mayor Pro Tempore Beres asked if building materials is included in Section 2(a) (1). Town Manager Layton stated that Section 9 deals with construction and demolition sites. Mayor Pro Tempore Beres stated that building materials are left on properties for an extended period of time. He asked if building materials needs to be added to Section 2(a) (1). Town Manager Layton stated that changes will need to be made for clarification purposes and would add building materials to Section 2.
Mayor Schwarz asked if Section 3(b) should be expanded in regard to the language referencing rollout carts. He stated that two carts are inadequate for some rental units. Town Attorney McRee stated at the first Council meeting, the Council at the time determined that two would be enough. Planning Director Cotellessa suggested that 2 rollout cans be used for a house with up to five bedrooms, 3 rollout cans for a six bedroom house and an 8 bedroom house needs 4 cans. Mayor Pro Tempore Beres stated he would like to see some new language in the ordinance in regard to the rollout cans. Councilor Thibodeau stated she doesn’t oppose a higher number of rollout cans but it could become a storage issue.
Mayor Schwarz pointed out in Section 5(e); it states that rollout carts must be removed from the right-of-way no later than 12:00 midnight on the day of collection. Councilor Caviness asked what kind of nuisance it would be for enforcement. Chief Hamilton stated the police have not been called to enforce trash can roll backs. Town Manager Layton stated there have been inquiries in regard to enforcing the roll back of the trash cans. Mayor Pro Tempore Beres stated his subdivision has hired a contractor to roll back the trash cans for the citizens. Mayor Schwarz stated he sees a problem with the cans on Duck Road and since the ordinance states the cans needs to be rolled back, something needs to be done. Councilor Thibodeau suggested taking away the time limit in Section 5(e). Councilor Caviness stated if this section is not going to be enforced; it should be stricken from the ordinance. Mayor Schwarz agreed. He stated if it stays in the ordinance, it should be enforced. He then asked how the Town can enforce the rule. Chief Hamilton stated that inspectors typically enforce the trash can roll backs. Councilor Morrison stated that in the Sanderling subdivision, someone has been hired to roll the trash cans back. He asked if other subdivisions can be required to do the same thing. Mayor Schwarz stated that the person hired in the Sanderling subdivision only works 4 months out of the entire year. Councilor Morrison stated that the person does it 9 months out of the year. Town Manager Layton stated that if Council wanted to require subdivisions to roll the cans back, then the ordinance needs to be enforced. Mayor Schwarz asked Council what they wanted to do about this section. Mayor Pro Tempore Beres felt it should stay in the ordinance. Councilor Caviness felt it should be stricken from the ordinance Councilor Thibodeau felt that enforcing it would be impossible. She suggested taking out the time limitation or striking the section. Councilor Morrison suggested the language state that residents are encouraged to roll the cans back by 12:00 midnight. Town Manager Layton suggested changing “must” to “should” in the sentence.
Town Manager Layton pointed out Section 7(10). He asked if the language, “department of public works” be changed or deleted. Mayor Schwarz pointed out that Section 11 references the Director of Public Works twice. Councilor Thibodeau asked if the sentences should be removed. Town Manager Layton stated she was correct. Mayor Pro Tempore Beres stated that Section 11 (c) references the director of public works, which could be misleading. Town Attorney McRee recommended replacing it with “Town Manager”. Mayor Pro Tempore Beres suggested adding language in regard to the bulk pick up to Section 11(d). Town Attorney McRee pointed out that Section 7(6) has a broad provision to cover building materials on property.
Town Manager Layton suggested striking “as directed by the director” from Section 11(c). He suggested changing the fourth sentence to state; “Notice shall be given by the Town Manager or his designee…” Mayor Schwarz suggested it state; “Notice shall be given by the Town Manager…”
Councilor Morrison asked if Section 11(e) should be in the ordinance since there aren’t any places in Town that produces industrial waste. Town Manager Layton felt it should stay in the ordinance.
Mayor Schwarz stated that Section 13(d) is not adhered to by the commercial businesses. He suggested it be enforced. He then suggested striking “…and securely bundled” from the section.
Mayor Schwarz asked if the fine should be changed in Section 18. It was consensus of Council to keep the fine at fifty dollars.
Town Manager Layton reviewed Ordinance #02-11 with Council and the audience. Mayor Schwarz asked why in Section 2(3), the use and operation of any piano is referenced. Councilor Morrison suggested changing it to reference musical instruments. Town Manager Layton asked if the chief of police should be listed as the person people should go to for applications for permits. Mayor Schwarz questioned if it should be the chief of police or the Town Manager. Town Manager Layton felt applications should come to the Town Manager for permits.
Councilor Thibodeau stated that Section 2(9) must not apply because contractors are building on Saturday mornings. Councilor Caviness stated that contractors are out on Sundays as well. Councilor Thibodeau suggested adding Saturday to the ordinance. Mayor Schwarz stated he has no strong feelings about contractors working on Saturdays. Councilor Morrison stated that Saturdays are just like any other day of the week. Planning Director Cotellessa suggested changing the hours on Saturdays. Town Manager Layton suggested changing it to state; “…other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and on Saturday…” Mayor Schwarz suggested it say Monday through Saturday.
Mayor Schwarz directed Council to review Ordinance #02-12. It was consensus of Council to keep the ordinance as is.
Mayor Schwarz directed Council to review Ordinance #02-19. Town Manager Layton asked where the permit could be obtained for Section 3, Other Open Burning. Town Attorney McRee stated it should be obtained from the forest service.
Mayor Schwarz directed Council to review Ordinance #03-02. Mayor Tempore Beres asked why Section 3(a) states an operator must go straight out within six hundred feet from the sound shoreline and then under Section 4(a) it states the watercraft may not be operated within nine hundred feet of the shoreline. Town Manager Layton stated the operator can idle out six hundred feet and then speed up after six hundred feet, but nine hundred feet is when the operator can go back and forth. Councilor Morrison stated that Section 4(a) is not clear because a person is still operating the watercraft from six hundred to nine hundred feet. Councilor Thibodeau suggested adding the words “at full throttle”.
Councilor Thibodeau stated that jet ski was mentioned only one time in the ordinance and suggested changing it to personal watercraft.
Councilor Morrison stated he was still unclear on what a personal watercraft operator could do between six hundred and nine hundred feet. Planning Director Cotellessa stated that at that point, the operator did not have to go out in a straight line. Councilor Morrison stated he interpreted the ordinance to state that an operator could go out at five miles per hour until they get to six hundred feet, then the operator could open it up to full throttle, going straight out, to nine hundred feet and then run parallel to the shoreline. Town Manager Layton stated that was how he had interpreted the ordinance. Town Attorney McRee suggested working with Town Manager Layton on coming up with new language.
Mayor Schwarz directed Council to review Ordinance #03-08. Planning Director Cotellessa stated that at her meeting with the business owners, they had asked that the annual fee be removed from the ordinance. Mayor Pro Tempore Beres stated the business owners found it to be counterproductive. Planning Director Cotellessa stated the business owners do not mind the initial fee but did not want the renewal fee. Mayor Pro Tempore Beres asked what the system was for a renewal. Planning Director Cotellessa stated the business owner needs to resubmit the information on an annual basis to make sure the information in the database is up to date. Town Manager Layton stated he felt strongly about keeping the initial fee but felt the renewal fee would not be a revenue hardship. Councilor Morrison recommended dropping the renewal fee. It was consensus of Council to strike the renewal fee from the ordinance.
Mayor Schwarz asked for any other business. Deputy Town Clerk Kopec was recognized to speak. She stated a template for a sign for the municipal property was drawn up. She stated she contacted All Kinds of Signs to give a price quote and they gave her a price of three hundred forty dollars per sign. Councilor Caviness stated the signs will mostly likely be stolen. Deputy Town Clerk Kopec stated she figured it would and contacted Peachtree Business Products for a price on aluminum signs. Town Manager Layton suggested dropping the Town seal from the sign. Mayor Schwarz suggested putting Town of Duck in place of the seal.
Mayor Schwarz stated he would be meeting with Town Manager Layton on Monday, April 26, 2004 to go over the May agenda and suggested Council get their items to him by then.
Councilor Morrison asked if the public hearing for the compensation issue would be at the May meeting. Town Manager Layton stated Council would talk about it and it would be put on the June agenda.
Town Manager Layton stated there will be three public hearing for the May 5, 2004 meeting in regard to the Zoning text amendments. He stated the Board of Adjustments will be meeting on May 7, 2004 for a hearing on a special exception permit in regard to a Montessori school being run on Jaycrest Drive. Mayor Schwarz asked why this issue would go to the Board of Adjustments. Planning Director Cotellessa stated it was the only special use in the Town’s code that goes to the Board of Adjustments. Mayor Schwarz stated for future reference, he would like to have issues such as this one, to come to Council first for discussion. Town Attorney McRee stated the ordinance could be changed to state that Council discusses the issue first before it goes before the Board of Adjustment. Mayor Schwarz agreed.
Mayor Schwarz stated that since the Town is intending to put a question before the public on a referendum to change the charter to allow compensation for the Council, he felt the direct election of the mayor would be a good item to add to it. He stated by adding this item, it will give the public a little more say on who leads the Council.
Mayor Schwarz asked for any other comments. There being none, he asked for a motion to adjourn.
ADJOURNMENT
Councilor Morrison moved to adjourn the meeting.
Motion carried 5-0. The time was 3:25 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor