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, June 16, 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 Layton; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Deputy Fire Chief Donna Black and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
John Wander was recognized to speak. Mr. Wander stated he was at the meeting to ask the Town, in conjunction with the Duck Business Alliance and Duck Civic Association, to develop, construct and erect a sign in Duck supporting the Build the Bridge campaign. He stated his board has erected a sign in Southern Shores and Currituck. Another sign will be put up at the Visitor’s Center as well. Mr. Wander presented a photograph to Council of the sign he recommended for Duck. He stated it is a 3 foot by 4 foot sign and would cost approximately $280.00. He proposed that that Town of Duck, the Duck Business Alliance and the Duck Civic Association share the cost of the sign. Mr. Wander suggested the sign be erected under the “Welcome to Duck” sign, on the new municipal property, or on the north end of Town near the Sanderling area.
Mayor Schwarz asked if the Duck Business Alliance had volunteered any locations in Town for the sign. Mr. Wander stated they had not but have volunteered to fund their portion of the sign.
Mayor Pro Tempore Beres felt it was appropriate that all three parties share the expense for the sign. Mr. Wander agreed.
Councilor Thibodeau stated she didn’t think having the sign under the “Welcome to Duck” sign would be appropriate but could see having a sign on the municipal property on the south side. Mayor Schwarz agreed with not having it under the welcome sign.
Mayor Schwarz felt that the issue needed to be discussed more before a commitment could be made. He suggested that Mayor Pro Tempore Beres work with the Committee to get the details worked out. He stated he is not in favor of having the sign on the municipal property.
Councilor Caviness felt the sign should not be placed in the village at all. She felt it would be another distraction to motorists. She stated it should stand alone and be outside of the village. Mr. Wander suggested putting one up as you leave Duck and enter Currituck County. Councilor Morrison agreed.
Councilor Morrison suggested the sign be put up near the Currituck County line that would be visible to people driving to Corolla. He agreed with Councilor Caviness that the sign should not be in the village area.
Town Manager Layton asked if Turnpike Properties owns all of the property between the Sanderling and the Currituck line. Planning Director Cotellessa stated a good amount of it is common area for Baum Trail and Palmers Island.
Councilor Thibodeau agreed with Councilor Morrison that the sign should be near the Currituck line.
It was consensus of Council to have Mayor Pro Tempore Beres work with the Committee to come up with a recommendation for the sign location.
Councilor Caviness asked if the sign would have the same wording as the one in Southern Shores. Mr. Wander stated it would. Councilor Caviness suggested that the website address e put on the sign. Mr. Wander stated it would have the website address on it.
Mayor Schwarz asked the audience for their comments.
Allan Starr was recognized to speak. Mr. Starr stated it was important for the Council to be united to make an impact on the people of Currituck County. He stated a place should be found to put up the sign in Duck.
Mayor Schwarz asked Mr. Starr if he had a suggestion on a spot near the Sanderling for the sign. Mr. Starr suggested the area near the large parking lot opposite Sunset Grille.
Town Manager Layton asked if Mayor Pro Tempore Beres will be reporting back at the next meeting. Mayor Schwarz stated there is no timetable, but the sooner the better.
DISCUSSION OF THE PROPOSED JOINT INFORMATION CENTER (JIC)
Mayor Schwarz stated that Donna Black had attended the meeting the week before and asked her to give an overview of the meeting.
Donna Black stated that Dorothy Toolan had gathered representatives from the Emergency Management Group, which included individuals from each municipality, an individual from the Park Service and an individual from the Sheriff’s office. The JIC is looking to get more help in gathering and disseminating appropriate information to the public. Ideally, Ms. Toolan would like everyone to work together to state one message instead of each municipality having their own message. She stated that the JIC is looking to have a representative from each municipality sit in at the Emergency Operations Center during a hurricane situation and be committed for the entire event to help gather information from their interested party and act as a unified group to determine what gets sent out to the media.
Donna Black stated it was an interesting concept to have someone sitting there for the entire hurricane. She felt it would be very valuable to the towns, but it also requires each town to give up an essential person. She stated there is another meeting on Thursday, June 17, 2004 and that the JIC had asked that a representative from the Town of Duck attend.
Mayor Schwarz asked what the overall reaction of the other members was. Donna Black stated that the overall reaction was that it was a good idea but that they had the same issues.
Town Manager Layton asked if it was a good idea because of the increased communication. Donna Black stated he was correct. She stated they are trying to encourage better communication.
Councilor Caviness asked what kind of information would be needed. Donna Black stated it would include road closures, curfews, etc.
Mayor Schwarz stated that it was explained to Council that Dorothy Toolan basically would need help and by having the extra people it would ease her load. Donna Black stated it is a lot for one person to handle.
Mayor Schwarz asked what the Town of Southern Shores had decided on doing. Town Attorney McRee stated that Southern Shores hadn’t discussed it at their council meeting.
Council went on to discuss how the announcements were done in past years.
Councilor Caviness felt that the only person qualified to be at the EOC was Town Manager Layton. Mayor Schwarz disagreed and felt that the JIC is looking for a representative of the Town. Councilor Caviness stated she disagreed with Mayor Schwarz.
Town Manager Layton stated there is a need for increased communication but if there are sufficient personnel at the County, then the County’s role is the dissemination of information. He felt it was unfair of the County to expect each town to send a representative that could disseminate information to the media in regard to all the municipalities. He felt the County should be responsible for the dissemination of information.
Donna Black encouraged Council to send someone to the second meeting to see what their opinion is on the issue.
Councilor Thibodeau suggested that, during a hurricane, two individuals take three towns each, get information from those towns and then give it to the EOC instead of having a representative from each town.
Mayor Schwarz asked what the date of the next meeting would be. Town Manager Layton stated it was to be held on Thursday, June 17, 2004 at 2:00 p.m. at the Kill Devil Hills Town Hall. Mayor Schwarz asked for a volunteer. Councilor Caviness volunteered to attend the meeting. Mayor Schwarz recommended the issue be put on the July agenda.
REVIEW OF PROPOSED CHANGES TO THE ZONING ORDINANCE REGARDING SIGNS AND OUTDOOR STORAGE FOR PUBLIC HEARING ON JULY 7, 2004
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated the Planning Board has had more than 9 hearings on the issue of sign regulations. The Town adopted the sign ordinance that Dare County had and came up with a draft ordinance for public input. The public input sessions went extremely well. She stated the Planning Board is recommending that Council adopt a six month enforcement moratorium to give businesses a chance to come in for permits for their signs. Alternatively, it gives them a chance to take down nonconforming signs, put up signs that conform to the new ordinance and waive the fee. Planning Director Cotellessa then reviewed the sign ordinance with Council.
Mayor Schwarz asked if the sign ordinance pertains only to commercial signs and not to community signs. Planning Director Cotellessa stated it addresses both but is primarily aimed at commercial signs.
Mayor Pro Tempore Beres asked how existing signs will be affected by the ordinance. Planning Director Cotellessa stated an amnesty would be done on existing signs, provided it doesn’t constitute a safety issue.
Councilor Thibodeau asked if a sign is presently up-lit, will it be part of the amnesty program for it to be changed to down-lit. Planning Director Cotellessa stated the ordinance would apply to existing signage lighting and would be amortized the same way as the sign itself. Councilor Thibodeau asked if a sign is legal under the new regulations, but is up-lit, would it need to be down-lit within six years. Planning Director Cotellessa stated the lighting would need to be changed.
Councilor Thibodeau asked how sign measurements are taken. Planning Director Cotellessa stated they are measured in a rectilinear fashion.
Town Manager Layton asked if someone could have multiple signs in their yard that are less than one square foot each. Planning Director Cotellessa stated the one square foot signs can be counted as one sign if they have a unified message.
Mayor Pro Tempore Beres asked if a definition could be given that states when a sign is obstructing the line of sight. Planning Director Cotellessa stated there is language in the ordinance that talks of the sight distance triangle. She went on to explain how to calculate a sight distance triangle to Council and the audience.
Council and Planning Director Cotellessa then discussed sandwich board and ground mounted signs.
Planning Director Cotellessa reviewed signage that would be exempt from permits as well as permanent signs that require a permit with Council.
Planning Director Cotellessa reviewed temporary and special event signs. Mayor Schwarz asked if a permit is now required for a political sign. Planning Director Cotellessa stated he was correct. Mayor Schwarz asked if a candidate for a State office wanted to put up a sign in Duck, would they have to get a permit. Planning Director Cotellessa stated he was correct. Town Attorney McRee stated the Town would most likely have First Amendment problems if the political sign permitting is challenged. He stated the permit and limiting the placement of the sign for a 30-day duration would be of great concern. Mayor Schwarz felt the political sign permit process is a mistake and rather harsh. Planning Director Cotellessa stated it was not meant to regulate the number of signs nor the period of the signs except that there is a 30-day duration if a candidate wants to put it up for 30 days. Planning Director Cotellessa stated this has been done in other jurisdictions. Town Attorney McRee stated he would provide Town Manager Layton and Planning Director Cotellessa with copies of what other municipalities have in place for political signage.
Councilor Morrison asked if the permit fee for political signs is based on how many signs a candidate puts up. Planning Director Cotellessa stated it could be.
Planning Director Cotellessa and Council discussed standards for non-conforming signs.
Planning Director Cotellessa went on to review the proposed ordinance for outdoor storage. She gave a background on what outdoor storage is before reviewing the ordinance with Council.
Councilor Morrison asked why Section D states that storage units may be placed outdoors temporarily if the store owner obtains a permit. Planning Director Cotellessa apologized to Council and stated that the ordinance was not the current one. She stated the current ordinance states that Section D has been stricken and has a paragraph stating that temporary storage units are prohibited.
Councilor Morrison asked if the ordinance is approved by the Council, would the 90 day moratorium be necessary or if it should only be 60 days. Planning Director Cotellessa stated that the Planning Board recommended 90 days.
DISCUSSION/CONSIDERATION OF AMENDMENTS TO THE FY2004 TOWN OF DUCK BUDGET
Town Manager Layton stated he was going through his mid-month bills and double checking to make sure the Town was not exceeding any budgets with the amendments. When he got to the police budget, he had concerns. He stated he is worried in regard to one police officer leaving and a new one coming on board because Blue Cross waits several months before sending an updated bill. He stated the amendment is to prevent any problems with the auditors.
Mayor Pro Tempore Beres moved to approve a transfer of $10,000 from the fund balance to cover end of year adjustments to the Police Department.
Motion approved 5-0.
Town Manager Layton stated that the Town is in very good financial shape.
REVIEW OF ORDINANCES
Mayor Schwarz asked Council for their comments/concerns with Ordinance #02-03. Town Manager Layton stated that Section D – Composition is not current in that he is not aware of a task force for the Town of Duck and felt appointments should be made in July. Council agreed. Donna Black stated there were some names but no one was every actually appointed. Councilor Caviness stated that no one was appointed in 2003. Town Manager Layton stated that the task force does not need to be in action, but it should be formally revisited when the disaster plan is worked on.
Councilor Caviness asked if the definitions of major damaged structure and minor damaged structure are fine the way they are or if they need to be more specific. Town Manger Layton felt they were fine as is. Planning Director Cotellessa agreed.
Councilor Caviness asked if the dates and times for the moratoriums are adequate. Town Manager Layton believed they were.
Mayor Schwarz asked Council for their comments/concerns with Ordinance #02-04. It was consensus of Council to keep the ordinance as is.
Mayor Schwarz asked Council for their comments/concerns with Ordinance #02-09. Mayor Schwarz stated he had a conversation with a citizen in regard to control of dogs. He stated he could not find the section that allows dogs to run unleashed on the beach. He stated he contacted Deputy Town Clerk Kopec and she found the section. While the wording is clear, he felt it is not as clear as he would like it to be. Mayor Schwarz recommended it be stated another way.
Councilor Morrison asked if dogs are allowed to run free on the beach. Town Manager Layton stated they were, but have to be leashed when they are off the beach.
Councilor Caviness asked if dogs would need to be leashed when the Town property is available for the general public. Town Manager Layton stated she was correct.
Councilor Thibodeau asked Mayor Schwarz if he was suggesting the wording be clearer in the ordinance. Mayor Schwarz stated she was correct. He then asked if the wording should be taken out.
Mayor Schwarz asked what “densely populated area” meant in Section 2 (f) Barking Dogs. He suggested taking out “densely”.
Councilor Thibodeau asked what the remedy would be for a dog that barks habitually. Town Attorney McRee stated that the word “densely” could be taken out but the concern is not to allow nuisance barking. Councilor Thibodeau asked if a neighbor’s dog barks constantly, could it become a problem if the issue is raised with the neighbor. Mayor Schwarz stated she was correct. She asked what the remedy would be. Mayor Schwarz stated she should call the police.
Councilor Thibodeau asked if it was the County regulation that all dogs need to wear tags. Town Attorney McRee stated that it is up to each jurisdiction to make that determination. Councilor Thibodeau asked if all dogs should be vaccinated. Town Manager Layton stated she was correct.
Mayor Schwarz asked if birds, deer or other game are permitted to be shot for human food. Town Attorney McRee stated that the Wildlife Resource Commission regulations allow hunting in the sound and someone doing so would not be in violation without abusing the animal.
Mayor Pro Tempore Beres asked if there was a fee schedule associated with the violations. Town Attorney McRee stated the ordinance does not have a specific civil penalty and would be a misdemeanor of violation of a town ordinance.
Councilor Morrison asked if he had a dangerous animal in his backyard, he calls the police and it threatens to bite the officer, what would be the procedure. Chief Hamilton stated if it was a matter of public safety, the officer could take whatever level of action that is necessary for the situation.
Mayor Schwarz asked Council for their comments/concerns with Ordinance #03-13. Councilor Morrison asked if the reference to farms needed to be in the ordinance. Mayor Schwarz stated it needed to be in there.
Councilor Caviness asked if this ordinance had the most recent information. Planning Director Cotellessa stated it is based on the North Carolina model code that was current as of September, 2003.
Mayor Schwarz asked Council for their comments/concerns with the Town of Duck Emergency Disaster Plan. Town Manager Layton stated he would like to have Mayor Schwarz and Donna Back revisit it with him and recommend some changes. He reminded Council that the Dare County Control Group adopted new re-entry priorities. He handed out a sheet on the re-entry procedures.
Mayor Schwarz stated that there are a number of positions in the disaster plan with people’s names. He asked that it be changed to only have titles so that it won’t have to be changed all the time. Town Manager Layton suggested incorporating the reconstruction task force in the disaster plan.
Donna Black asked if Planning Director Cotellessa could participate in the meeting to have her input on designing the damage assessment. Mayor Schwarz suggested that after the meeting, the damage assessment team leaders get together to have a short briefing.
Councilor Thibodeau asked if Mayor Pro Tempore Beres would be at the meeting. Mayor Schwarz stated he would be more than happy to have him attend.
Mayor Schwarz stated he had attended the Mayor’s meeting and the discussion was about natural gas. He stated the Town will be receiving a letter asking for two representatives from the Town. He stated the mayors agreed that the Planning Director and Town Manager should be designated as the representatives. He stated that a feasibility study will be done to determine whether or not natural gas will be coming to Duck.
Mayor Schwarz asked for other items.
Town Manager Layton stated that he would be on vacation the week of June 21, 2004.
Mayor Schwarz asked for any other comments. There being none, he asked for a motion to adjourn.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 3:15 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor