TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
June 2, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, June 2, 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 led the Pledge of Allegiance and moment of silence.
SPECIAL PRESENTATION
Recognition of Ms. Donna Black for Being Named Volunteer of the Year by the County EMS
Mayor Schwarz stated that back in May, 2004, Donna Black was honored at the County Commissioner’s meeting. He stated that the Town is fortunate to have Ms. Black as part of the community of Duck. He stated the Town is appreciative of her efforts and for all that she does.
Introduction of Ocean Rescue Lifeguards
Town Manager Chris Layton was recognized to speak. Town Manager Layton introduced Mirek Dabrowski, Director of Ocean Rescue, and asked him to introduce the personnel he had brought with him. Mr. Dabrowski introduced each member of Ocean Rescue to Council and the audience.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments in regard to the Public Hearings be held off.
Allan Starr of 106 Gannett Cove was recognized to speak. Mr. Starr stated he thought the 35 mile per hour speed limit is the minimum that people are driving on Duck Road. He asked that the police make motorists cognizant of the fact that there are pedestrians trying to cross the road and to have them slow down. He then stated that he was concerned about the overflow parking at a house on Duck Road. He stated this particular house holds weddings and people have been parking on the side of Duck Road. He asked if this particular house is a small business and stated that the amount of cars parked in the driveway should be under 10 to 12 cars.
There being no one else wishing to speak, Mayor Schwarz closed the time for public comments.
Mayor Schwarz stated he wanted to make a special presentation. He presented Councilor Thibodeau with a Certificate of Brilliance and a post to remind her of her accident that she had earlier in the day.
PRESENTATION BY WARREN JUDGE, DARE COUNTY CHAIRMAN
Mayor Schwarz asked Warren Judge to speak. Mr. Judge encouraged the audience and Council to rent the videotape that shows Donna Black in action. He stated he is honored to represent Dare County, including Duck. Mr. Judge then went on to introduce William Pitt.
Mayor Schwarz added that Mr. Judge was a strong supporter of the Town of Duck incorporating.
PRESENTATION BY MR. WILLIAM PITT, COMMISSIONER, TOWN OF KILL DEVIL HILLS, REGARDING BEACH NOURISHMENT
Mayor Schwarz introduced William Pitt to Council and the audience. Mr. Pitt went on to give a presentation on storm damage reduction. He stated that the Federal government has removed funding for beach erosion projects, including projects for the southern beaches in Dare County. He stated the Beach Committee of Dare County has met several times and recommended a 1% land transfer tax that would be dedicated to funding future projects. He stated the Committee is asking each town to levy the additional 1% land transfer tax for emergency shoreline protection and storm damage reduction measures.
Councilor Morrison asked how much the 1% tax would raise for the Outer Banks. Mr. Pitt stated it would raise four to eleven million dollars per year based on current market conditions.
Councilor Thibodeau asked if the project only affects the areas that have originally been designated with the Army Corps of Engineers. Mr. Pitt stated it does for now. Councilor Thibodeau asked if the project would go on until the Committee could expand into other areas. Mr. Pitt stated the project goes for 50 years.
Mayor Schwarz reminded Council that because Duck does not have public beach accesses, the Town is not eligible for federal funding.
Mayor Pro Tempore Beres asked what the engineering experts are saying about the project they are undertaking with the limited resources. Mr. Pitt stated the Committee would re-engineer portions of the beach. Mayor Pro Tempore Beres asked if the Corps of Engineers is still involved with the project. Mr. Pitt stated they were and would remain as the manager of the project.
Councilor Thibodeau asked if the project to provide easements and right of ways has been completed. Mr. Pitt stated it is almost completed. The second portion has not begun and is not currently funded.
Mayor Schwarz thanked William Pitt for his time. He stated that he and Town Manager Layton had attended a meeting of the Beach Committee recently and the Town of Duck does not have a current member on the Committee. Mayor Schwarz nominated Mayor Pro Tempore Beres to serve on the Committee. Warren Judge welcomed Mayor Pro Tempore Beres as a new member of the Committee.
Warren Judge was recognized to speak. Mr. Judge gave some closing comments to Council and the audience.
Town Manager Layton stated a resolution supporting the transfer tax would be discussed later in the meeting. He then handed out copies of the resolution to Council.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the May 5, 2004 regular meeting and the May 19, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the May 5, 2004 meeting for changes.
Mayor Pro Tempore Beres moved to approve the May 5, 2004 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the May 19, 2004 meeting for changes.
Councilor Thibodeau moved to approve the May 19, 2004 minutes as presented.
Motion carried 5-0.
PUBLIC HEARING
PUBLIC HEARING ON ORDINANCE 04-15 A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE FOR A CONDITIONAL USE PERMIT PROCESS FOR A VILLAGE COMMERCIAL DEVELOPMENT OPTION IN THE VILLAGE COMMERCIAL ZONING DISTRICT. THIS ORDINANCE WOULD PROVIDE AN OPTION TO PROPERTY OWNERS WITHIN THE VILLAGE COMMERCIAL AREA OF THE TOWN TO PRESENT A CUSTOM-DESIGNED PLAN FOR THE DEVELOPMENT OF THEIR PROPERTY, INCLUDING EXPANSION AND RENOVATION, WHICH MAY NOT MEET GENERAL REQUIREMENTS OF PARKING AND PROPERTY LINE SETBACKS, OR OTHER ZONING REQUIREMENTS, PROVIDED THAT THE PLANNING BOARD AND TOWN COUNCIL APPROVE OF THE PROJECT. AN ANALYSIS OF A PROPOSAL UNDER THIS OPTION WOULD BE BASED ON THE PROPOSED FUNCTIONAL CHARACTERISTICS OF THE USES PROPOSED AND THE PHYSICAL INTERRELATEDNESS OF THE PROPERTY WITH THE DISTRICT’S COMMERCIAL PROPERTIES AND LOCAL PEDESTRIAN AND VEHICULAR CIRCULATION PATTERNS. THE INTENT OF THE OPTION IS TO PROVIDE FOR REGULATORY FLEXIBILITY AND THE CONTINUANCE OF UNIQUE DEVELOPMENTS WITHIN THE VILLAGE COMMERCIAL AREA WHILE REVIEWING A PROJECT FOR HEALTH, WELFARE, AND SAFETY ISSUES
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the ordinance has been discussed extensively with the Planning Board and briefly with Council. The zoning text amendment would provide an option, via conditional use permit, for custom designed planning within the Village Commercial District. It presents an opportunity for an owner in the Village Commercial District to bring forward a conceptual design for a joint hearing with the Planning Board and the Council to look at the design within the context of adjacent properties, the village commercial setting, existing structures and make a decision based on a parking analysis, traffic analysis, architectural plans and a conceptual design as to whether the proposed plan fits within the context of the community or not.
Mayor Schwarz asked for comments.
John Power was recognized to speak. Mr. Power stated the proposed ordinance is the right way to tackle the problem of the unique characteristics of the individual parcels of land in existence in Duck. He felt it was time to put the hard work into action. He urged Council to consider the implications of their discussions on this matter.
Jim Braithwaite was recognized to speak. Mr. Braithwaite stated he wished more towns would adopt the ordinance that the Town is proposing. He stated the ordinance would help to enhance the Town.
John Summers was recognized to speak. Mr. Summers stated the word “uses” in the ordinance bothered him. He stated the term is not about property or commercial recreation and wanted to make that clear to Council.
Brendan Magner was recognized to speak. Mr. Magner stated he owns the property on the corner of Duck Landing Lane. He asked if he could give Council copies of a site plan he had for the property. He also asked that the moratorium not be extended.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing.
PUBLIC HEARING ON ORDINANCE 04-14, AN ORDINANCE AMENDING ORDINANCE 03-17 WHICH EXTENDED THE MORATORIUM ON THE ACCEPTANCE OF SITE OR DEVELOPMENT PLANS FOR COMMERCIAL STRUCTURES OR BUILDINGS. THE PROPOSED ORDINANCE WOULD EXTEND THE EXISTING MORATORIUM FOR AN ADDITIONAL SIX MONTHS BUT WOULD ALLOW FOR MINOR EXTERIOR ALTERATIONS IN ALL COMMERCIAL DISTRICTS
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated this ordinance would extend the existing commercial structures moratorium. The ordinance would extend it to the Village Commercial District so that minor changes could be accomplished.
Town Manager Layton stated the ordinance contains additional alternate language for Council to consider, which would state that the ordinance would not apply to the submission of a conditional use request and site plan for the Village Commercial development option.
Mayor Schwarz asked for comments.
Brendan Magner was recognized to speak. Mr. Magner requested that the moratorium not be extended.
Jim Braithwaite was recognized to speak. Mr. Braithwaite asked if Ordinance 04-15 is adopted, would the moratorium apply. Town Manager Layton stated that if Ordinance 04-15 is adopted, it will be put into the zoning ordinance. The commercial structures moratorium would extend the acceptance of any new site plans or building plans, but would allow for minor renovations. However, without the alternate language in it, it would not allow for acceptance of new building plans. The alternate language would extend the moratorium for six months but would allow for site plans to be submitted under the village commercial option. Mr. Braithwaite stated he would be in favor of anything that would allow people to proceed with their plans as long as they apply for a conditional use permit.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing.
PUBLIC HEARING ON RESOLUTION 04-08, A RESOLUTION REQUESTING THAT A REFERENDUM BE HELD ON NOVEMBER 2, 2004, RELATED TO THE COMPENSATION OF TOWN COUNCIL MEMBERS. CURRENTLY, THE TOWN CHARTER DOES NOT PROVIDE FOR THE COMPENSATION OF TOWN COUNCIL MEMBERS AND REQUIRES THAT A REFERENDUM BE HELD TO AUTHORIZE COMPENSATION
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
PUBLIC HEARING ON PROPOSED FY 2005 BUDGET
Mayor Schwarz directed Town Manager Layton to review the FY 2005 budget. Town Manager Layton reviewed the budget with Council and the audience.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
CONSIDERATION OF A RESOLUTION 04-09, A RESOLUTION OF INTENT TO CHANGE THE CHARTER OF THE TOWN OF DUCK TO ALLOW FOR THE DIRECT ELECTION OF THE MAYOR
Mayor Schwarz explained that the resolution gives the Town the ability to advertise for a public hearing concerning the issue. If the resolution is passed, the public hearing would be at the July 7, 2004 meeting. Based on the public’s input, Council would move forward with the option or leave it behind.
Mayor Schwarz moved to adopt Resolution 04-09.
Mayor Pro Tempore Beres stated that the resolution states that the Council indicates its intent to change the charter for the Town to provide for the direct election of the mayor. He asked if the Mayor is asking Council to vote for the resolution based on the fact that they feel it’s appropriate to have direct elections.
Town Attorney McRee was recognized to speak. He stated this is a necessary step to consider amending the charter and call for a public hearing.
Councilor Thibodeau stated she had hoped for the public’s input on the Council compensation earlier in the meeting and was concerned over the lack of input. She stated she was also concerned about the input on the direct election of the mayor. She felt that direct election of the mayor may prove to be more divisive than needed. She stated she always felt it made sense to have the most popular votes elected and have Council elect a leader.
Councilor Caviness stated she agreed with Councilor Thibodeau’s concerns.
Councilor Morrison stated that when the voters of Duck approved the charter, they approved the mayor being elected by the Council. In essence, the voters have spoken on the issue. He stated he fears losing good people on the Council, if some decide to run for mayor. He felt it would weaken the Council and not have the most qualified people serving. He stated he would like to have a public hearing to hear what the public has to say about the issue.
Town Attorney McRee stated that Council can have a public hearing on any issue. Councilor Morrison asked if Council could have a public hearing without passing the resolution. Town Attorney McRee stated that Council has the authority to call for a public hearing on any issue.
Town Manager Layton asked Town Attorney McRee for clarification. Town Manager Layton stated that adopting the resolution of Council’s intent to have the charter changed is a necessary step. Town Attorney McRee agreed. Town Manager Layton stated Council could have a public hearing, but a resolution of intent would be needed at some point. Town Attorney McRee agreed. Town Attorney McRee stated a public hearing could be held to get input from the public, but Council would have to come back to begin the process of changing the charter by adopting the resolution of intent and have another public hearing.
Town Manager Layton reminded Council that there are time constraints as well. Mayor Schwarz stated it would have to be done at the August Council meeting. Town Attorney McRee stated that if Council wanted to put it to a vote of the people, Mayor Schwarz is correct.
Mayor Schwarz stated he feels very strongly in favor of the resolution. He stated it would get the public more involved. He felt if there were a direct vote for the mayor, more interest would be generated for people to run for Council.
Mayor Pro Tempore Beres stated he is opposed to the direct election of the mayor because he felt the Town has not matured enough and there are not a sufficient number of people interested in public office to take this step. He stated the Town would not gain anything.
Motion denied 1-4, with Mayor Pro Tempore Beres, Councilor Thibodeau, Councilor Morrison and Councilor Caviness dissenting.
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 stated that at the May meeting, the ordinance was brought forward to Council. He stated the ordinance is revised to eliminate the annual fee associated with the alarm permit for individuals and businesses with an alarm. He stated it would also codify the penalties for false alarms.
Motion adopted 5-0.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF ORDINANCE 04-15, A ZONING TEXT AMENDMENT TO AMEND THE REGULATIONS TO PROVIDE FOR A CONDITIONAL USE PERMIT PROCESS FOR A VILLAGE COMMERCIAL DEVELOPMENT OPTION IN THE VILLAGE COMMERCIAL ZONING DISTRICT.
Mayor Schwarz asked Council for comments or questions.
Planning Director Cotellessa stated that the Planning Board had unanimously recommended approval of the ordinance.
Councilor Thibodeau stated she is very much in favor of the ordinance. She asked what type of time table would be envisioned for people in this process. Planning Director Cotellessa stated she doesn’t anticipate it being any longer than with a standard site plan review and approval process, with the exception of the public hearing and joint meeting. She stated it depends on the degree of the development.
Mayor Pro Tempore Beres thanked Planning Director Cotellessa and the Planning Board for coming forward with the idea. He complimented Town Manager Layton on finding Planning Director Cotellessa.
Councilor Morrison agreed with Mayor Pro Tempore Beres and complimented Planning Director Cotellessa and the Planning Board for coming up with the plan. He stated it is a wonderful ordinance.
Councilor Caviness stated that many business owners in Town are excited and pleased about the option.
Councilor Morrison moved to adopt Ordinance 04-15, a zoning text amendment to amend the regulations to provide for a conditional use permit process for a village commercial development option in the Village Commercial Zoning District.
Motion adopted 5-0.
Mayor Schwarz asked Planning Director Cotellessa if she had any other information to add. Planning Director Cotellessa stated the memorandum in Council’s packet outlines the things the Planning Board will be looking at in terms of development. She also pointed out the alternate language.
Town Manager Layton reviewed points of the moratorium along with some of the incentive options with Council.
Councilor Thibodeau asked what the mechanism would be to decide on the plans – would it all come from the Planning Department or would it be joint with the Council. Planning Director Cotellessa stated that staff would spend time developing a series of options and potential regulations, go forward to the public, through the Planning Board for their recommendations and then to Council. She stated there could be a work session with Council as well.
Councilor Thibodeau asked if Council adopts the alternative language, how would it work with the moratorium. Planning Director Cotellessa gave an overview to Council. She stated the alternative language would allow the Town to get a handle on an individual piece of property and look at it within its own context.
Councilor Caviness asked if it opens the door of opportunity to people who are in other commercial zoning districts. Planning Director Cotellessa stated she was correct.
Mayor Pro Tempore Beres stated he is in favor of extending the moratorium and using the alternate language.
Councilor Morrison asked if the alternate language is adopted, would it allow the Blue Point Restaurant to move forward with their plans. Planning Director Cotellessa stated it would allow Blue Point to submit their plans, along with anyone else in the Village Commercial District, to be reviewed on a case by case basis.
Mayor Schwarz asked if the ordinance is adopted with the alternative language, would a building permit be allowed to be issued for someone who comes in under the alternate language. Planning Director Cotellessa stated that provided they are approved by the Council, they would be issued one.
Councilor Thibodeau asked why the Town is excluding the C-1 and C-2 districts. Planning Director Cotellessa stated the flexibility and design is aimed more at the contiguous areas with shared parking and walking areas.
Councilor Morrison moved to adopt Ordinance 04-14, an ordinance amending Ordinance 03-17 which extended the moratorium on the acceptance of site or development plans for commercial structures or buildings and using the alternative language.
Motion adopted 5-0.
Councilor Morrison gave a short background on the issue of compensation for the Council members, Planning Board and Board of Adjustment to the audience.
Councilor Thibodeau moved to adopt Resolution 04-08, a Resolution Requesting that Referendum be held on November 2, 2004, related to the Compensation of Town Council Members.
Mayor Pro Tempore Beres asked if there will be discussion on compensating the Planning Board and Board of Adjustment. Mayor Schwarz stated it was a separate issue. Mayor Pro Tempore Beres asked if it will be put on a future agenda. Town Manager Layton stated it would be discussed under the budget as far as the funding.
Mayor Schwarz stated he was concerned about the fact that no one commented during the public hearing. He asked if there was a plan to energize people to vote for this. He stated that passing the resolution is a first step but that Council has more work to do, due to the lack of interest from the public.
Councilor Thibodeau agreed with Mayor Schwarz. She felt that Council needs to be more pro-active and engage in dialogue with the public.
Councilor Caviness stated that two issues of the newsletter will come out before Election Day, giving the Town two opportunities to inform the public. She stated that during the summer months it is hard to get the public to come to meetings.
Councilor Thibodeau asked if the public could be encouraged, via email, to weigh in on the issue of compensation if they cannot attend a public hearing. Mayor Schwarz suggested that she and Councilor Morrison work on it.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF THE PROPOSED FY 2005 BUDGET
Town Manager Layton was recognized to speak. He reviewed the changes of the budget with Council and the audience.
Mayor Pro Tempore Beres moved to approve the budget ordinance as presented for FY 2004-2005.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF A RESOLUTION RELATED TO A 1% TRANSFER TAX FOR BEACH EROSION PROJECTS
Mayor Schwarz pointed out that Council was handed out a copy of the proposed resolution. He stated the transfer tax will be a difficult battle as there are people against it. He stated that the Town would not benefit from the resolution but would show support for other municipalities and Dare County.
Town Manager Layton agreed with Mayor Schwarz. He stated that if the resolution goes forward, it could be in place for when the Town might need it.
Councilor Thibodeau stated she was concerned about the hurriedness of the issue. She felt the issue was very rushed and that there should be more information on it.
Mayor Pro Tempore Beres stated he felt the Towns are throwing money into the ocean but if that is what the Committee wants to do, he will assist them.
Councilor Thibodeau stated that things have changed with regard to the beach erosion project. She stated it seems like a rash decision and not well thought out.
Councilor Caviness asked what the timetable is for the resolutions to be passed. Town Manager Layton stated they have rushed the resolutions out, but wasn’t sure if Southern Shores or Nags Head had approved their resolutions. Town Attorney McRee stated that Southern Shores and Nags Head approved theirs. He stated that the legislature’s session is expected to end July 1, 2004 and anything that is going to be done; it has to be done in the next couple of weeks.
Councilor Morrison moved to approve Resolution 04-11, requesting authorization of Dare County for the levy of additional 1% land transfer tax for emergency shoreline protection and storm damage reduction measures.
Motion approved 4-1 with Councilor Thibodeau dissenting.
DISCUSSION/CONSIDERATION OF A CONTRACT FOR THE MAINTENANCE OF THE DUCK TRAIL
Town Manager Layton gave an overview of the contract for the maintenance of the Duck Trail. He stated that after many interviews, he and the Duck Trail Committee felt that Coinjock Farms would be the best company to use for the maintenance of the Trail.
John Summers of the Duck Trail Committee was recognized to speak. He stated he appreciates that the Town has the money available to hire a contractor that can do what needs to be done.
Mayor Pro Tempore Beres asked if the Town has used the services of Coinjock Farms in the past. Town Manager Layton stated the Town contracted with them on a short-term basis to weed the flower beds and have the irrigation started for the season. Mayor Pro Tempore Beres asked if the work was satisfactory. Town Manager Layton stated he was very satisfied with their services.
Councilor Morrison asked if there was an estimate on the cost of plantings and irrigation system would be per year. John Summers said the irrigation system would cost one thousand five hundred dollars for the year. Town Manager Layton stated that as far as plantings, he would guess two to five thousand dollars.
Councilor Thibodeau moved to authorize the Town Manager to execute the contract for maintenance of the Duck Trail.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF RESOLUTION 04-10, A RESOLUTION REQUESTING THAT THE U.S. ARMY CORPS OF ENGINEERS CONSIDER PROVIDING SPACE FOR THE TOWN OF DUCK FOR TOWN FACILITIES
Town Manager Layton stated that Mayor Pro Tempore Beres and Councilor Thibodeau have been doing research on the Corps property for several months and the Town is at the point now where Town Manager Layton has had conversations with the local contact about the possibility of acquiring space on their property for future development of a municipal building due to the public’s disapproval of the building going up at the newly acquired municipal property. He stated he has had discussions with the Corps and they have not been overly optimistic about the Town getting approval but it should not deter making a formal request to them.
Town Manager Layton went on to read points of the resolution to Council and the audience.
Councilor Thibodeau asked how the size of the municipal building was calculated. Town Manager Layton stated he had assistance from the consultants and also looked at other municipalities.
Councilor Morrison asked who the resolution would be addressed to. Town Manager Layton stated it would be sent to the local people and on up the chain of command. Mayor Schwarz suggested sending a copy to the North Carolina senators as well.
Councilor Caviness moved to adopted Resolution 04-10, a Resolution requesting that the U.S. Army Corps of Engineers consider providing space for the Town of Duck for Town facilities.
Motion adopted 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.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Request to Advertise Amendments to the Town of Duck Zoning Ordinance Related to Signs and Outdoor Storage
Planning Director Cotellessa stated this is a request to advertise for a public hearing at the July meeting for signage and outdoor storage. Town Manager Layton asked if at the mid-month meeting, Planning Director Cotellessa could review the amendments in more detail
It was consensus of Council to have Planning Director Cotellessa review the amendments at the June 16, 2004 mid month meeting.
Report on Discussions with NCDOT Regarding the Speed Limit Request
Town Manager Layton stated that he contacted NCDOT to ask if there were any circumstances in which they would revisit the speed limit reduction request. NCDOT stated they would be glad to revisit the issue, but there are no criteria the Town could add that would change their decision.
Discussion/Consideration of Appointing a Town Historian
Town Manager Layton stated that Lee Morrison has resigned as Town Historian and another individual needs to be appointed. Mayor Schwarz nominated Linda Nave as the new Town Historian. He stated that she has agreed to serve for the Town.
Report on Repairs to the Town of Duck Welcome Signs
Town Manager Layton stated the ducks on the welcome signs have either been stolen or damaged from Hurricane Isabel. The Duck Civic Association has agreed to pay one thousand dollars to have the signs fixed with the stipulation that the signs become the Town’s. He stated he is working with Jay Ball to have the signs fixed. The signs will be different from the present ones in that the signs will have a Canvasback duck sitting in water, will not be 3-D, and will be bolted to the sign itself.
Discussion/Consideration of Ordinances to be Reviewed at the June Mid-Month Meeting
Town Manager Layton stated that the ordinances to be reviewed at the June mid month meeting were included in Council’s packets.
Financial Statement for the Month of May 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.
Discussion/Consideration of Amendments to the FY2004 Town of Duck Budget
Town Manager Layton stated the amendments are a transfer of $23,000.00 from the fund balance to cover the end of year adjustments to Finance, $55,000.00 for additional costs to maintain the Duck Trail and $5,000.00 for solid waste.
Councilor Caviness moved to approve the budget amendments.
Motion approved 5-0.
MAYOR’S AGENDA
Mayor Schwarz pointed out the letter from Dare County that was passed out to Council. He stated that Dare County is revising their communications plan for emergency management. He stated there will be a meeting on Wednesday, June 9, 2004 at 9:00 a.m. and a representative from the Town of Duck needs to be sent to the meeting. He asked Donna Black to attend to represent the Town of Duck and gather information to bring back to the next meeting.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness stated the members of the Duck Volunteer Fire Department approved pursuing the restructuring the department for all personnel matters. She stated a memorandum of understanding and bylaw revisions should be available soon.
Councilor Morrison stated that the Planning Board elected their officers at their last meeting. Ron Forlano repeats as Chairman and Jon Britt was elected as Vice Chairman. He stated the Tourism Board is concerned with the closing of the beaches due to the sighting of Piping Plovers.
Mayor Pro Tempore Beres requested that at the next Council meeting the issue of compensation for the Planning Board and Board of Adjustments.
Councilor Thibodeau thanked Council for her certificate and post.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, June 16, 2004.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 9:30 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor