TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
May 5, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, May 5, 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; Police Chief Dale Hamilton and Deputy Town Clerk Lori Kopec.
Mayor Schwarz called the meeting to order at 7:00 p.m. Mayor Schwarz asked Chief Hamilton to lead the Pledge of Allegiance. Mayor Schwarz then led the moment of silence.
SPECIAL PRESENTATION
Recognition of the Members of the Town of Duck Incorporation Committee
Mayor Schwarz stated that on May 1, 2002 the Town of Duck incorporated. He gave a short background on the incorporation process to the audience. He stated he wanted to recognize the original Incorporation Committee. The nine members were the ones that helped to get the process going to incorporate the Town. Mayor Schwarz called on each Committee member to stand up and presented each of them with a commemorative clock. The members of the Committee honored were: Allan Beres, John Brock, Nancy Caviness, Jim Gresham, Paul Keller, Gary Roche, Gene Schwarz, Sam Taylor and Polly Wessell, who was unable to attend the meeting. He then called on Ike McRee to stand and be honored as well. Mayor Schwarz stated that each member had a special role in the incorporation process. Paul Keller made a short speech to the audience. Mayor Pro Tempore Beres recognized Paul Keller for his leadership role in forming the committee.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated he wanted to follow up on a memo he had written on January 19, 2004, with respect to the zoning ordinance. He pointed out various points of his memo to Council, stating that the definition of “family”, bedroom equivalents, non-resident property owners and drive aisles can have potential significance to the ordinance. He encouraged Council not to exacerbate any problems that could happen by making corrections.
Don Dillin of 106 West Bias Shores Lane was recognized to speak. Mr. Dillin stated this would be his last formal attendance at the Council meeting as he and his wife, Sally, would be moving out of state. He stated he was grateful to be able to help the Town by building the website and thanked the Council for their encouragement and enthusiasm over the past two years.
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 April 7, 2004 regular meeting and the April 21, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the April 7, 2004 meeting for changes. Mayor Pro Tempore Beres stated that the heading for the presentation should have the word “intermediate” instead of “advanced”.
Mayor Pro Tempore Beres moved to approve the April 7, 2004 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the April 21, 2004 meeting for changes. Councilor Morrison had one change to page 2. Mayor Pro Tempore Beres had one change to page 5.
Councilor Thibodeau moved to approve the April 21, 2004 minutes as amended.
Motion carried 5-0.
PUBLIC HEARING
PUBLIC HEARING ON ZTA-EBL, A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE THAT THE ZONING ADMINISTRATOR MAY APPROVE A REDUCTION IN THE MINIMUM YARD REQUIREMENTS, NOT TO EXCEED TEN PERCENT, WHERE AN EXISTING OR PARTIALLY CONSTRUCTED BUILDING OR STRUCTURE, DRIVEWAY, PATIO, SWIMMING POOL OR POOL DECK, OR SIMILAR FEATURE DOES NOT COMPLY WITH SUCH REQUIREMENTS APPLICABLE WHEN CONSTRUCTION OF SUCH BUILDING OR STRUCTURE OR SIMILAR FEATURE NOTED ABOVE BEGAN, PROVIDED STANDARDS ARE MET
Mayor Schwarz directed Planning Director Cotellessa to review the amendment. Planning Director Cotellessa stated the purpose of the amendment is to provide relief for situations where there are minor errors in placement of buildings or structures on lots. The Planning Board unanimously recommended approval of an administrative reduction of no greater than ten percent of the setbacks for errors in building location.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
PUBLIC HEARING ON ZTA-OH, A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE FOR BUILDING FEATURES SUCH AS OVERHANGS OR EAVES AND CERTAIN ORNAMENTAL FEATURES TO BE PERMITTED AS EXCEPTIONS TO MINIMUM YARD REQUIREMENTS, SETBACKS OR BUILDING RESTRICTION LINES FOR SINGLE-FAMILY DETACHED RESIDENTIAL PROPERTIES
Mayor Schwarz directed Planning Director Cotellessa to review the amendment. Planning Director Cotellessa stated this amendment is similar to ZTA-EBL. With ZTA-OH, the Planning Board has the support of the Outer Banks Association of Builders and Realtors for this amendment. The amendment deals with overhangs going into side setbacks of encroachment. The original ordinance stated a house could encroach on the front setbacks and not the sides. The zoning text amendment would allow stairs, a covered stoop, bay windows, as well as overhangs. The side setbacks would permit only an overhang up to twelve inches.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
DISCUSSION OF COMMERCIAL STRUCTURES MORATORIUM AND COMMERCIAL STRUCTURES BUILDING GUIDELINES STUDY
Mayor Schwarz directed Planning Director Cotellessa to review. Planning Director Cotellessa stated several months ago a consultant study was done to present a series of issues and options to deal with the issues with respect to architecture. The study was done to give the Town options to decide what types of regulations it may like to enact, incentives, or whether action should be taken on a series of issues. The consultants made a checklist, asking members of the Planning Board, Council and public to provide their comments and input to give direction on which way to go with the moratorium. Planning Director Cotellessa reviewed the matrix that was enclosed with Council’s packet. She asked Council to give the Planning Board direction and make decisions with respect to the existing commercial structures moratorium.
Mayor Schwarz reviewed the three options that staff has laid out for the commercial structures moratorium.
Town Manager Layton was recognized to speak. He stated he and Planning Director Cotellessa were surprised by the issues that the public stated needed regulating. He stated that if nothing is done or examined further, a similar study would need to be done down the line. He added that the moratorium has been in place close to eighteen months and an increasing number of inquiries for minor renovations are coming in. He advised providing relief for people that wish to do minor renovations.
Councilor Thibodeau asked if a decision would have to be made immediately. Mayor Schwarz stated a decision did not have to be made quickly, but a decision would have to be made at the June Council meeting. He stated that if a decision is not made, staff should be given guidance on where Council wants the moratorium to go. Town Manager Layton stated the only option not needing guidance is if the moratorium is allowed to expire. Otherwise, if the Town wants to provide for minor renovations or extend the moratorium, a public hearing would need to be held. Clear direction needs to be given to advertise for the public hearing.
Councilor Thibodeau stated she feels that since relief was given to the Sanderling, the moratorium should include the Village Commercial District for small renovations or improvements.
Mayor Schwarz stated that if the moratorium is going to be extended, a decision needs to be made to give staff direction. Planning Director Cotellessa stated if the moratorium is extended, direction needs to be given if minor changes are allowed in all districts. The purpose of extending the moratorium could be to develop an incentive program, develop regulatory mechanisms with respect to building size, etc.
Town Manager Layton suggested preparing an ordinance that provides for minor renovations as well as preparing a more succinct report for Council to look at. The new report would give Council guidance on what they would want staff to focus on.
Councilor Caviness stated she felt the Planning Board would need a reasonable amount of time to work on language regarding regulations. She stated the hardest part would be the incentive program and thought it would take a long time. She stated she is in favor of extending the moratorium but allowing minor renovations.
Mayor Schwarz asked what the timeframe would be to come up with regulations and an incentive program. Town Manager Layton stated that regulations would be easier than the incentive program. He guessed it would take about six months. Planning Director Cotellessa agreed.
Councilor Morrison asked if it would take six months to craft zoning ordinance changes regarding incentive programs or regulations. Town Manager Layton stated it would be for both. Councilor Morrison asked if regulations would take six months. Town Manager Layton stated the process the Planning Board has adopted has proven to be effective in providing necessary public input.
Mayor Pro Tempore Beres felt the third alternative, which extends the moratorium but provides for minor renovations, would be the course of action to take.
Councilor Morrison suggested the Planning Board address the issue of colors and roof materials. He felt it should be discussed in more detail.
Planning Director Cotellessa stated she would bring a refresher package on the public’s input to the June meeting.
Councilor Thibodeau stated that one aspect of continuing the moratorium would be that no new commercial structures could be built. She asked how the moratorium is affecting the public. Planning Director Cotellessa stated that by extending the moratorium, it affects all new construction. No new construction would be allowed for the six month period. The Town would not be accepting site plans or building permits for new construction. The types of renovations that have come in have been changing out windows – from a working window to a display window – door changes and awning changes. These minor renovations would be approved under the new ordinance. What wouldn’t be approved would be additions to buildings. The Planning Board has been through an extensive period of reviewing signage issues and has recommended new regulations. She stated the Planning Board has also recommended a moratorium on enforcement for a period of time to allow people that have unpermitted signage to come in and get a permit.
Town Manager Layton stated he has gotten inquiries in regard to a vacant parcel of land in the Village Commercial Area. He stated the individuals that inquired about the property stated they would like to build a 3,500 square foot building on the lot. He stated this is the one place in the Village Commercial Area that still has a fair number of trees and constructing the building would take out the trees.
Councilor Caviness stated the Land Use Plan that is under review at present, supports the development of commercial guidelines.
Mayor Schwarz stated he felt the consensus of Council was to extend the moratorium for six months and allow minor renovations similar to those allowed in the C-1 and C-2 districts. He stated that as the Planning Board and staff goes forward, they need to look for a combination of incentives and regulations to those areas that regulations are warranted. He stated the incentives would be the hard part. Town Manager Layton stated at the next meeting, he would like Council to give direction on where to focus the regulations and incentives.
Councilor Thibodeau asked if the Planning Department will determine what is considered minor renovations or would Council look at them. Mayor Schwarz stated he felt the Planning Department would make the decision and if there is a questionable area, they would come to Council. Town Manager Layton stated he anticipated bringing the moratorium for public hearing and advertising the same way as it is written for the C-1 and C-2 districts, which would place the authority in the Planning Department’s hands.
Councilor Thibodeau asked if the usage of a structure was to be changed, would it be affected by the moratorium. Planning Director Cotellessa stated those uses require a building plan or a site plan and would require coming before a board to obtain a conditional use permit.
Mayor Pro Tempore Beres moved to advertise for a public hearing at the June meeting to extend the moratorium on commercial structures for a period of six months to allow for minor renovations similar to those allowed in the C-1 and C-2 districts and have Town staff provide information regarding the direction Council wishes staff to pursue for the regulations of ordinances.
Motion carried 5-0.
DISCUSSION OF VILLAGE COMMERCIAL DEVELOPMENT OPTION
Mayor Schwarz directed Planning Director Cotellessa to review. Planning Director Cotellessa stated the option is a zoning text amendment recommended by the Planning Board which provides for flexible development in the Village Commercial District to allow improvements and changes to nonconforming properties while maintaining the character of the nature of development in Duck. She stated the Planning Board is asking Council to advertise for a public hearing. The option provides for a conditional use permit hearing opportunity for an individual that wishes to add on to an existing building, to tear down and rebuild a building or build a new building. A joint meeting would be held with the Planning Board and the Council to review the planning concept and look at the impacts of adjacent properties on a case by case basis. It allows for custom approach to good commercial development opportunities for upgrading or building new properties in the Village Commercial District.
Councilor Thibodeau asked if a standard architectural firm would handle the details with respect to the traffic requirements. Planning Director Cotellessa felt an architectural/engineering team would come forward on a commercial project and provide the level needed to do a traffic analysis.
Mayor Pro Tempore Beres asked if the procedures outlined have worked in other municipalities. Planning Director Cotellessa stated they have worked very well. She stated it could be very positive for the Town. Mayor Pro Tempore Beres asked if there are any requirements before the first step of the procedure for the Town staff to receive information to be digested. Planning Director Cotellessa stated the first submission requirement would go through the Planning Director to make sure all required attachments are in.
Councilor Morrison stated he felt it was a wonderful plan for the Town.
Councilor Morrison moved to authorize the advertisement of the zoning amendment related to the Village Commercial development option for a public hearing.
Councilor Thibodeau asked if any other Council members had any feelings about having this option in effect while the moratorium is in effect. Councilor Caviness stated she wouldn’t support the option.
Mayor Pro Tempore Beres asked if the ordinance could be written so that the option could be used while the moratorium is in effect. Town Manager Layton stated the moratorium could be written to allow the option.
Councilor Caviness stated she had a problem with putting the language in the moratorium. She stated it would ask the Planning Board and Council to make decisions but not make the decision based on parameters that have been decided on by the community. She stated she would like to get the public’s input on building size, tile colors, etc. before anyone is asked to make decisions.
Councilor Thibodeau stated she thought it would give a limited amount of activity but open the door to people coming forward with their visions for their property. She stated she liked the option.
Mayor Schwarz stated it is important that staff get through the moratorium as quickly as possible.
Motion carried 5-0.
Town Manager Layton stated that the concept that Planning Director Cotellessa provided showed the innovation and knowledge of how to approach areas that are perfect for the Town. He thanked Planning Director Cotellessa for her hard work. Council thanked her as well.
DISCUSSION/CONSIDERATION OF ORDINANCE 04-07, AN ORDINANCE AMENDING ORDINANCE 02-05, AN ORDINANCE REGULATING DRIVING OR PLACEMENT OF VEHICLES ON SAND DUNES AND BEACHES WITHIN THE TOWN OF DUCK
Town Manager Layton was recognized to speak. He stated that several ordinances were discussed at the April mid-month meeting. At that meeting, several changes were made in five of the ordinances. Ordinance 04-07 addresses the first of the five ordinances. Town Manager Layton went on to review the changes to Ordinance 04-07 with Council and the audience.
Councilor Thibodeau moved to adopt Ordinance 04-07, an Ordinance Amending Ordinance 02-05 Regulating Driving or Placement of Vehicles on Sand Dunes and Beaches within the Town of Duck.
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 04-08 with Council and the audience.
Councilor Caviness moved to adopt Ordinance 04-08, an Ordinance Amending Ordinance 02-08, an Ordinance Providing for the Collection, Disposal and Storage of Solid Waste within the Town of Duck.
Motion adopted 5-0.
Town Manager Layton was recognized to speak. He reviewed the changes of Ordinance 04-09 with Council and the audience.
Councilor Thibodeau moved to adopt Ordinance 04-09, an Ordinance Amending Ordinance 02-11, an Ordinance Prohibiting Unreasonably Loud, Disturbing and Unnecessary Noise within the Town of Duck.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF ORDINANCE 04-10, AN ORDINANCE AMENDING ORDINANCE 03-02, AN ORDINANCE REGULATING THE USE AND OPERATION OF PERSONAL WATERCRAFT WITHIN THE TOWN OF DUCK
Town Manager Layton was recognized to speak. He reviewed the changes of Ordinance 04-10 with Council and the audience.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-10, an Ordinance Amending Ordinance 03-02, an Ordinance Regulating the Use and Operation of Personal Watercraft within the Town of Duck.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF ORDINANCE 04-11, AN ORDINANCE AMENDING ORDINANCE 03-08, AN ORDINANCE OF THE TOWN OF DUCK, NORTH CAROLINA REGULATING AUTOMATIC ALARM SYSTEMS
Town Manager Layton was recognized to speak. He reviewed the changes of Ordinance 04-11 with Council and the audience.
Councilor Morrison asked if Section 10(b) needed to be stricken since the fees were stricken. Town Manager Layton stated he was correct.
Town Manager Layton felt that Section 17 should not be added to the ordinance since the fee schedule has the level of fees and penalties. He recommended that Section 17 be stricken from the ordinance. Town Attorney McRee stated it could stay in the ordinance if Council chose to make it a misdemeanor to violate the ordinance. Mayor Schwarz asked if that was the intent. Town Attorney McRee stated the ordinance did not originally have a penalty provision in it at all. Town Manager Layton corrected Town Attorney McRee by stating the driving on the beach ordinance originally did not have a penalty section.
It was consensus of Council to table the ordinance until the next meeting.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF ZTA-EBL, A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE THAT THE ZONING ADMINISTRATOR MAY APPROVE A REDUCTION IN THE MINIMUM YARD REQUIREMENTS, NOT TO EXCEED TEN PERCENT, WHERE AN EXISTING OR PARTIALLY CONSTRUCTED BULDING OR STRUCTURE, DRIVEWAY, PATIO, SWIMMING POOL, OR POOL DECK, OR SIMILAR FEATURE DOES NOT COMPLY WITH SUCH REQUIREMENTS APPLICABLE WHEN CONSTRUCTION OF SUCH BUILDING OR STRUCTURE OR SIMILAR FEATURE NOTED ABOVE BEGAN, PROVIDED STANDARDS ARE MET
Mayor Schwarz asked Council if they had any questions for Planning Director Cotellessa in regard to the Ordinance. Mayor Pro Tempore Beres stated he liked the idea very much. Councilor Thibodeau agreed with Mayor Pro Tempore Beres.
Councilor Morrison moved to adopt Ordinance 04-12, amending the zoning ordinance for the Town of Duck regarding administrative approval of errors in building structure or site feature location.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF ZTA-OH, A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE FOR BUILDING FEATURES SUCH AS OVERHANGS OR EAVES AND CERTAIN ORNAMENTAL FEATURES TO BE PERMITTED AS EXCEPTIONS TO MINIMUM YARD REQUIREMENTS, SETBACKS OR BUILDING RESTRICTION LINES FOR SINGLE-FAMILY DETACHED RESIDENTIAL PROPERTIES
Mayor Schwarz asked Council if they had any questions for Planning Director Cotellessa in regard to the Ordinance. Mayor Pro Tempore Beres stated he liked the idea.
Councilor Caviness moved to adopt Ordinance 04-13, amending the zoning ordinance of the Town of Duck regarding building features permitted as exceptions to setbacks or minimum yard requirements.
Motion approved 5-0.
DISCUSSION OF TRAFFIC MANAGEMENT THROUGH THE TOWN
Mayor Schwarz stated he attended a meeting with the Build the Bridge Committee and there was a general discussion concerning traffic. One idea that came from the meeting was that the citizens of Duck need to be proactive in trying to help move traffic through the Town, particularly on weekends. He stated it was asked of Town Staff and the police department to come up with some ideas.
Chief Hamilton was recognized to speak. Chief Hamilton stated this was a huge and important challenge. He stated the biggest challenge in Duck is the geographical one. With no parallel streets or bypasses, it does not allow for any relief. He stated while the police were brainstorming on ideas to help traffic along, another challenge came up – maintaining a balance of public safety and expediency. He stated the biggest mission of the police is to provide public safety and try to reduce the number of accidents in the Town. Chief Hamilton went on to read sections of the comprehensive traffic plan he composed.
Chief Hamilton then took questions from the audience.
Mayor Schwarz thanked Chief Hamilton for his time and encouraged the audience to provide comments, input or suggestions on helping the traffic flow a little quicker through the Town of Duck.
Councilor Morrison asked Councilor Thibodeau if there has been any effort by rental agencies to encourage rental homeowners to rent their homes on a basis other than Saturday to Saturday. Councilor Thibodeau stated there have been limited experiments on renting on days other than Saturday to Saturday. She stated she is contemplating it at her own company. She stated that weather is a big factor in the traffic issue.
Mayor Schwarz directed Councilor Morrison to review. Councilor Morrison stated the issue has been discussed a few times at the Council meetings. He stated he is anxious to have a public hearing on the matter of compensation and is eager to hear the public’s input.
Councilor Thibodeau stated the resolution would allow the public to give their input before Council goes forward with an actual ballot. She stated they felt it was a good idea in that it would encourage more participation if people could be compensated for their time serving on the Council.
Town Attorney McRee stated the intent is not to adopt the resolution but to call for a public hearing. Mayor Schwarz agreed.
Councilor Thibodeau moved to authorize staff to advertise for a public hearing of the resolution at the June 2, 2004 meeting.
Motion carried 5-0.
DISCUSSION RELATED TO A REFERENDUM FOR A CHARTER CHANGE TO PROVIDE FOR THE DIRECT ELECTION OF THE MAYOR
Mayor Schwarz stated he asked the Town Attorney to give some background on the differences on changing the charter for compensation and changing it for direct election of the mayor. Town Attorney McRee stated the charter would not be changed in regard to authorizing a salary honorarium to members of Council. The charter provides, under a vote of the people, Council may receive salary honorarium, which is different than a charter amendment. A charter amendment would be necessary should there be a direct election of the mayor. Council would have to adopt a resolution of intent to amend the charter and call for a public hearing on it. He stated that Council could adopt an ordinance after the public hearing, enacting the charter amendment or it could adopt the ordinance subject to a public referendum not more than ninety days after adoption of the ordinance.
Mayor Schwarz asked if Council was to take this route, would the resolution need to be adopted not more than ninety days after the adoption. Town Attorney McRee stated a resolution of intent is adopted first, then a call for the public hearing and after the public hearing, adopt an ordinance which would provide for an amendment of the charter following approval by a vote of the people.
Councilor Morrison asked if a public hearing should be held on both the compensation issue and the direct election of the mayor. Town Attorney McRee stated it would have to be done by statute if the charter is to be amended to change the method of selecting the mayor.
Town Manager Layton stated the timeline would be as follows: At the June meeting a resolution of intent could be adopted to amend the charter to provide for direct election of the mayor and then advertise for a public hearing on July 2 because Election Day is November 2. After the public hearing, subject to approval of the referendum, the ordinance could be adopted.
APPOINTMENTS TO THE TOWN OF DUCK PLANNING BOARD
Councilor Morrison stated that two of the five individuals on the Planning Board have terms that have expired as of May 1, 2004 – Linda Nave and John Jenkins. He stated that Ms. Nave has decided she did not wish to be reappointed. John Jenkins asked that he wished to be reappointed for a term of three years.
Councilor Morrison nominated John Jenkins for a second term of three years for the Planning Board. He also nominated Anne Darnall, formerly a member of the Planning Board, for the Planning Board.
Councilor Morrison moved to have John Jenkins and Anne Darnall appointed to the Planning Board for three year terms, expiring on May 1, 2007.
Motion carried 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
Mayor Schwarz stated that a new item would need to be added to the agenda - Item 9E, Discussion/Consideration of Amendments to the FY2004 Town of Duck Budget. It was consensus of Council to add this item to the agenda.
Discussion of Preliminary CAMA North Carolina Public Beach and Coastal Waterfront Access Program Grant Application
Town Manager Layton stated he was requesting permission to submit a preliminary CAMA North Carolina Public Beach and Coastal Waterfront Access Program grant application. The grant would be related to the municipal property master plan study and is a preliminary application that would get the Town in the loop for funding once a final plan is done. He stated he wants to submit a preliminary application and if it is approved, a formal application will then be submitted in August, 2004. He anticipates putting in a request for $70,000.00, which is the average.
Mayor Pro Tempore Beres asked if there was a match requirement. Town Manager Layton stated there is a twenty-five percent match. He stated the Town should have sufficient matching funds. Mayor Pro Tempore Beres asked what the timeframe would be. Town Manager Layton stated the preliminary applications are due May 17, 2004, the final is in August and award announcements should be in November.
Mayor Pro Tempore Beres moved to authorize the Town Manager to submit the preliminary grant application.
Motion approved 5-0.
Discussion of Letter from NCDOT Regarding the Reduction of the Speed Limit on NC12 and the Erection of a “Hidden Entrance” Sign
Town Manager Layton stated that Council passed two resolutions several months ago requesting that the speed limit on NC12 from Sandy Ridge Road to the Currituck County line be posted at 35 miles per hour year round and that a “Hidden Entrance” sign be erected near Ruddy Duck Lane. He stated he had a letter from NCDOT denying both requests. Town Manager Layton went on to read the reasons for the denial to Council and the audience.
Town Manager Layton stated he had an opportunity to speak to Chad Edge of NCDOT in person and asked if an appeal could be made. He stated that Mr. Edge stated another request could be submitted but ultimately the request could be denied.
Councilor Morrison asked if a telephone conversation with Mr. Edge, offering a compromise to consider lowering the speed limit from Sea Tern Drive to the Currituck County line, would be considered. Town Manager Layton stated he would be happy to discuss the issue with NCDOT.
Councilor Thibodeau asked if the detailed analysis is a common practice with NCDOT. Town Manager Layton stated that the police had previously requested traffic counts from NCDOT and could be the reason NCDOT came out so quickly. He also stated that outside influences did not influence Mr. Edge’s final decision.
Mayor Schwarz asked Council if they wished to pursue the issue. Town Manager Layton stated he would be happy to contact NCDOT again to see if they would be willing to look at a modification of the original request. Councilor Morrison stated he would appreciate that being done. Mayor Schwarz warned that the Town should be careful so as not to alienate NCDOT.
It was consensus of Council to have Town Manager Layton diplomatically contact NCDOT in regard to the speed limit modification request.
Discussion/Consideration of a Resolution Proclaiming the Week of May 22 through May 28, 2004 as National Safe Boating Week
Town Manager Layton stated he received a request from the United States Coast Guard Auxiliary that the week of May 22 through May 28, 2004 be declared as National Safe Boating Week.
Mayor Pro Tempore Beres moved to adopt Resolution 04-09, proclaiming May 22 through May 28, 2004 as National Safe Boating Week.
Motion adopted 5-0.
Financial Statement for the Month of April 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. He stated that at the June meeting he will be bringing end of the year budget amendments to Council.
Discussion/Consideration of Amendments to the FY2004 Town of Duck Budget
Town Manager Layton stated the amendment is a supplement to the police department’s budget in the amount of $6,415.00, which was donated from the Duck Civic Association for the police to use to purchase two AEDs (portable defibrillators) and one night vision scope.
Mayor Pro Tempore Beres moved to approve the budget amendment.
Motion approved 5-0.
MAYOR’S AGENDA
Recognition of Ms. Linda Nave for her Service to the Town of Duck Planning Board
Mayor Schwarz stated that since Linda Nave was not present, she would not be honored at this meeting.
Discussion of NCLM Town Hall Day
Mayor Schwarz stated that Town Hall Day is put on yearly by the North Carolina League of Municipalities. He gave a short overview of what Town Hall Day entails. He encouraged members of Council to attend and asked them to let Deputy Town Clerk Kopec know for registration purposes.
COUNCIL MEMBERS’ AGENDA
Report on Army Corps of Engineers’ Property
Mayor Pro Tempore Beres stated that he and Councilor Thibodeau had gathered some background information on the Corps of Engineers property. He stated the intent of looking at the property was that in the event surplus property became available; the Town would like to get in line to acquire some of it. Mayor Pro Tempore Beres went on to give a short presentation on his and Councilor Thibodeau’s findings.
OTHER BUSINESS
Mayor Schwarz asked for any other business.
Councilor Thibodeau thanked Don Dillin for all his hard work in getting the Town on the World Wide Web. She also asked members of Council if they had any ideas for newspaper stories for the North Beach Sun to let her know, so she can get the stories in before the deadline.
Mayor Schwarz stated the next meeting will be Wednesday, May 19, 2004 and that Council will have a budget workshop and discussion with the fire department in regard to personnel issues. He asked for a motion to go into closed session.
Councilor Caviness 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 9:10 p.m.
Upon return from closed session, there was no further business. Mayor Pro Tempore Beres 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