TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
July 7, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, July 7, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Neil Morrison; Councilor Monica Thibodeau; and Councilor Nancy Caviness.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Town Attorney Donald I. McRee, Jr., Planning Director Suzanne Cotellessa; Police Chief Dale Hamilton and Deputy Town Clerk Lori Kopec.
Mayor Schwarz called the meeting to order at 7:00 p.m. Mayor Schwarz’s grandson, Samuel, led the Pledge of Allegiance. Mayor Schwarz led the moment of silence.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments in regard to the public hearings be held off.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated that he serves on the Build the Bridge Committee and wanted to give an update to Council and the audience. He stated that NCDOT will be holding three workshops to discuss their regional plan for roads and bridges in the northern Outer Banks. The first workshop will be held on July 15, 2004 at the Hampton Inn, the second will be held on July 20, 2004 at Griggs Elementary School and the third will be held on July 21, 2004 at the Pitts Center. He stated he was remiss in contacting Jon Britt with the DCA before the last Council meeting in regard to the Build the Bridge sign for Duck. He stated that Mr. Britt has legitimate concerns regarding the verbiage for the sign.
George Keefe of the Duck Community Business Alliance was recognized to speak. Mr. Keefe stated he attended the June 8, 2004 Municipal Property meeting at the Fire Department. He stated the overwhelming sentiment for the property is to have a park on the site and a strong opposition for a municipal building, which is an opinion that the Duck Community Business Alliance shares. He stated that having a consultant on board that will be coming up with a plan for a municipal building is showing the public a lack of willingness by the Town to heed the overwhelming response from the public. He stated that the Duck Community Business Alliance strongly suggests that Council immediately direct the consultant to discontinue all work toward planning for a municipal building on the site.
Allan Starr of 106 Gannett Cove was recognized to speak. Mr. Starr stated that the Sanderling Property Owners Association will allow the Build the Bridge sign to be put on its property north of the driveway to the pool and racquet club on the west side of the road. He stated he is opposed to compensation for Town officials of any sort. He further stated the Town should not have a directly elected mayor.
Bart Smith of 121 Sea Hawk Drive was recognized to speak. Mr. Smith felt that compensation for Town officials is a good idea. He stated that they should be compensated for their time and effort. He stated he didn’t think a directly elected mayor would be a good idea for the Town.
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 June 2, 2004 regular meeting and the June 16, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the June 2, 2004 meeting for changes.
Councilor Morrison moved to approve the June 2, 2004 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the June 16, 2004 meeting for changes.
Mayor Pro Tempore Beres moved to approve the June 16, 2004 minutes as presented.
Motion carried 5-0.
PUBLIC HEARING
PUBLIC HEARING ON ORDINANCE 04-16, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING SIGNS
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the ordinance is an overhaul of the sign ordinance and provides regulations for temporary signage for businesses, amends regulations on real estate signage, changes the way signage is related to buildings as opposed to lot frontage, prescribes down lit signage rather than up lit signage, provides for maintenance and removal of signs, provides regulations for festive signage and flags, and provides for sign amortization over a reasonable period of time. She stated the Planning Board had held nine meetings on the issue and has recommended a moratorium period on enforcement to allow businesses to become familiar with the regulations and obtain permits for signs that are currently not permitted.
Mayor Schwarz asked for comments.
Lisa Mann was recognized to speak. Ms. Mann stated she had attended and participated in the meetings with the Planning Board. She stated the Board put in a lot of effort in finding something that is workable for everyone.
Ron Forlano was recognized to speak. Mr. Forlano agreed with Ms. Mann’s comments. He stated the Planning Board and Councilor Morrison put a lot of effort into the process. He stated the input from business members was fantastic. He stated he wished there was more participation from the residential community. He praised Planning Director Cotellessa and Administrative Assistant Sandy Cady for their hard work.
Planning Director Cotellessa stated that when the issue was discussed at the Council’s mid-month meeting, the question was raised in regard to political signs. She stated that Council had in their packets a memorandum of prescribed fixes for the political signage.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing.
PUBLIC HEARING ON ORDINANCE 04-17, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING OUTDOOR DISPLAY, STORAGE AND TENT SALES
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated this ordinance deals with issues such as outdoor storage of goods that are for sale, outdoor display of goods, both outdoor related goods and tent sales, and sidewalk sales. It provides operational standards for the sales and displays. She stated it most significantly deals with the issue of crates, trailers and extra storage units on sites and prohibits them. She stated the Planning Board has recommended a moratorium on enforcement for ninety days to enable those who are dealing with these issues to get through the season and plan appropriately for the next season.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
UPDATE ON MUNICIPAL PROPERTY MASTER PLAN STUDY COMMITTEE MILESTONE TASKS
Mayor Schwarz asked Paul Keller to make a presentation. Mr. Keller gave an overview of the status of the milestone tasks the Committee has completed to date. He stated the Committee achieved their first milestone of selecting a consultant – VHB, Inc. The second milestone of developing a list of uses and space required for each should be achieved by the August 1, 2004 deadline.
Mr. Keller went on to give an overview of the vegetative study that was performed on the municipal property to Council and the audience. He stated that the Committee had their first public input session on June 8, 2004 and will be holding a work session on July 20, 2004. After the work session, the Committee will review the conceptual drawings and suggest changes to VHB. The five concepts should be available to Council at the September 5, 2004 meeting. He stated the Committee will hold a second public input session in October and hope to have completed plans for the five concepts by the December 1, 2004 deadline.
Mayor Schwarz thanked Paul Keller for his update.
Councilor Thibodeau asked if the work session would be open to the general public. Town Attorney McRee stated it has to be open to the public. Mr. Keller stated that anyone could attend the session.
DISCUSSION OF LOCATION AND FUNDING FOR A SIGN IN SUPPORT OF THE BUILD THE BRIDGE CAMPAIGN
UPDATE ON FOURTH OF JULY ISSUES
Chief Hamilton was recognized to speak. He stated the Fourth of July went very well with the fireworks activity decreased considerably from the previous year. He stated that most of the fireworks were set off on the beach. He stated that one ticket was written for fireworks and two for stealing the fireworks signs.
Councilor Thibodeau asked if more police were out on the Fourth of July. Chief Hamilton stated that every officer was out that night.
Mayor Schwarz stated that a number of emails and letters have been received complimenting the police department.
DISCUSSION/CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE 02-09, AN ORDINANCE DEFINING AND PROHIBITING ABUSE OF ANIMALS; DEFINING AND PROHIBITING NUISANCE ANIMALS; PROVIDING FOR RABIES CONTROL; AND REQUIRING THAT DOGS WEAR IDENTIFICATION AND RABIES TAGS
Town Manager Layton was required to speak. He stated the only change to the ordinance was in the definition section, eliminating the words “within a densely populated area” as it relates to the definition of barking dogs
Mayor Pro Tempore Beres moved to adopt Ordinance 04-18.
Motion adopted 5-0.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF PUBLIC HEARING ON ORDINANCE 04-16, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING SIGNS
Mayor Schwarz asked Council for comments or questions.
Mayor Pro Tempore Beres complimented everyone on their hard work on the ordinance.
Councilor Thibodeau thanked the Planning Board and the Duck business community for their input on the sign ordinance. She stated that she has an issue with the down lit signage. She stated she took a survey on signs in Duck and Southern Shores to get a sense of how many signs are up lit, including the one at her business, and found approximately four signs that were down lit and the rest were either up lit or not lit up at all. She wanted to bring to everyone’s attention that this should be something to be considered as the Town moves forward. She felt this was creating a problem for business owners.
Councilor Morrison reiterated that the Planning Board and Planning Director Cotellessa had put in an extraordinary amount of time coming up with the ordinance. He thanked Lisa Mann for attending the meetings and giving her input.
Planning Director Cotellessa stated if a motion is made to approve the ordinance, Council may wish to include the proposed changes in regard to political signage. Political signage references were put back in the ordinance under “Non Commercial Signage” and provides for temporary non commercial signs that are less than eight square feet, to be allowed to be put out for ninety days as long as they aren’t in the right of way.
Town Attorney McRee was recognized to speak. Town Attorney McRee stated he saw the modification for political signage and it should withstand any constitutional challenges.
Councilor Morrison moved to adopt Ordinance 04-16, an ordinance amending the Town of Duck Zoning Ordinance regarding signs as amended.
Motion adopted 5-0.
Mayor Schwarz asked Planning Director Cotellessa if she had any other information to add. Planning Director Cotellessa stated the resolution is a six month amnesty and moratorium on enforcement of the sign ordinance. Businesses that have existing signage that met the old ordinance but never received permits for them can come in and get the permits and have the signage amortized over a period of time to come into conformance with the new ordinance. It also provides a fee waiver for sign permits of businesses that are replacing non conforming signs with conforming signs.
Councilor Thibodeau asked how this process will be facilitated. Planning Director Cotellessa stated the ordinance provides a six month amnesty with a five month window of opportunity for businesses to apply. She stated either a mailing or meeting could be done with the business community to make them aware of the sign permitting process.
Councilor Caviness asked if it would include subdivision signs as well. Planning Director Cotellessa stated she was correct.
Mayor Pro Tempore Beres asked if any signs that are within a sight distance triangle have been identified. Planning Director Cotellessa stated that three or four signs have been identified that are within a sight distance triangle and separate notifications will be sent to those individuals.
Councilor Thibodeau reminded Planning Director Cotellessa that any business that will have to change their signage will have a long process in front of them. She stated she hoped that the six month time frame would be adequate for the businesses.
Councilor Morrison moved to adopt Resolution 04-11, a resolution establishing a moratorium on zoning enforcement and an amnesty program for sign permitting in Duck and providing for fee waivers for replacement of nonconforming signs with conforming signs.
Motion adopted 5-0.
Mayor Schwarz asked Planning Director Cotellessa if she had any other information to add. Planning Director Cotellessa stated the ordinance provides for the outdoor sales and storage and the resolution that goes with the ordinance establishes a ninety day moratorium on enforcement.
Councilor Thibodeau stated that some businesses rely on outdoor storage during busy times. She asked if they have been notified that they are in violation and how the ninety day moratorium was decided. Planning Director Cotellessa stated the ninety days would carry the businesses through the end of the tourist season and was done in conjunction with businesses that were affected. Councilor Thibodeau asked if the businesses have been adequately informed. Planning Director Cotellessa thought they were informed but not in total agreement of what is proposed.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-17, an ordinance amending the Town of Duck Zoning Ordinance regarding outdoor display, storage and tent sales.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF RESOLUTION 04-12, A RESOLUTION ESTABLISHING A MORATORIUM ON ZONING ENFORCEMENT REGARDING OUTDOOR STORAGE AND DISPLAY REGULATIONS
Mayor Schwarz asked for any comments on the resolution.
Councilor Caviness moved to adopt Resolution 04-12, a resolution establishing a moratorium on zoning enforcement regarding outdoor storage and display regulations.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF DUCK AND THE DUCK VOLUNTEER FIRE DEPARTMENT, INC. REGARDING PERSONNEL MANAGEMENT
Town Manager Layton stated that the Town was approached by the Duck Volunteer Fire Department Board of Directors, requesting that the Town take over the personnel management of the paid staff of the fire department. The paid staff consists of the Fire Chief, an administrative assistant and two part-time maintenance employees. He stated that he had met with the fire department in a work session and discussed the issue and he was directed to develop a memorandum of understanding between the fire department and the Town. He stated he has spoken several times with the Fire Chief and the chairman of the Board of Directors and was told that the Fire Department is in agreement with the Memorandum of Understanding.
Mayor Pro Tempore Beres asked if the July 15, 2004 date is an agreeable date for all parties for the transition. Town Manager Layton stated he did not foresee any problems with the transition date.
Councilor Thibodeau thought the Memorandum of Understanding was very complete and is a good move.
Councilor Caviness moved to adopt the Memorandum of Understanding between the Town of Duck and the Duck Volunteer Fire Department.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF PROVIDING COMPENSATION FOR THE TOWN OF DUCK PLANNING BOARD AND BOARD OF ADJUSTMENT
Mayor Schwarz stated this issue has been reviewed a number of times. He asked Councilor Thibodeau and Morrison for their comments. Councilor Thibodeau stated that she and Councilor Morrison had come up with suggestions of what would be appropriate for compensation of the Planning Board and Board of Adjustments.
Councilor Thibodeau moved to authorize the compensation of the Planning Board and Board of Adjustment members.
Councilor Morrison pointed out that the figures are below average for the other municipalities in Dare County.
Mayor Pro Tempore Beres thanked Councilors Morrison and Thibodeau for their hard work.
Mayor Schwarz asked what the effective date would be. Town Manager Layton stated it would be effective immediately.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF ACCEPTANCE OF THE GOVERNOR’S CRIME COMMISSION GRANT
Town Manager Layton stated the police department has applied for several grants and has been successful in procuring the Governor’s Crime Commission Grant. The grant is for $15,000.00 with a required match of $5,000.00. The grant award will be used to further implement several projects that have already been started and include the further deployment of the mobile data terminals and the purchase of software for the terminals.
Mayor Pro Tempore Beres moved to approve the Governor’s Crime Commission grant.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF ACCEPTANCE OF THE N.C. HIGHWAY SAFETY GRANT
Town Manager Layton stated that the police department was also successful in procuring the N.C. Highway Safety Grant. The grant is for $5,750.00 with a required match of $4,000.00. The grant award will be used for an additional radar, an in-car camera and other miscellaneous equipment.
Councilor Thibodeau moved to approve the N.C. Highway Safety grant and resolution.
Motion approved 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney McRee was recognized to speak. He stated he did not have anything to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Discussion of Joining the Government Access Channel
Town Manager Layton gave an overview on the Government Access Channel to Council and the audience. He stated that all of the other municipalities in Dare County are members of the Access Channel. He stated that the Town has been approached and asked if there is an interest in joining the Channel. He stated there could be benefits to joining, which would justify the cost of $983.57.
Councilor Morrison asked if the fee was a one time charge. Town Manager Layton stated it was not.
Councilor Caviness stated that the original Council had looked into joining but could not afford it. She thought it would help to join now to get information out to the public.
Mayor Schwarz stated the Town could get the meetings announced on the Channel.
Mayor Pro Tempore Beres asked where the studio is. Town Manager Layton stated it is in Manteo. He stated he could envision the Town submitting Power Point presentations initially and eventually getting to the level of reserving time for interviews, but he said he could not see the Town making use of the studio at this time.
Mayor Pro Tempore Beres asked what the benefit was to joining the Access Channel if the Town was not going to be making use of the studio. Town Manager Layton stated that notices could be posted and the Town could provide information to be seen on the Channel.
Councilor Thibodeau felt joining the Channel would be a benefit to the Town.
Mayor Pro Tempore Beres asked if the Town wanted to spend this money.
Mayor Schwarz moved to authorize the Town Manager to move forward with joining the Government Access Channel.
Motion approved 4-1 with Mayor Pro Tempore Beres dissenting.
Update on the Outer Banks Transportation Task Force
Town Manager Layton stated that several months ago the Dare County Transportation Advisory Board created another committee and determined that it be officially endorsed by Dare County. He stated that individuals needed to be appointed to the committee. On June 21, 2004, the Dare County Board of Commissioners officially created the Outer Banks Transportation Task Force with the mission to better quantify the transportation needs of the Outer Banks community. He stated he was appointed to the Committee. He stated he has designated Planning Director Cotellessa to represent the Town of Duck.
Financial Statement for the Month of June 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 FY2005 Town of Duck Budget
Town Manager Layton stated the amendments are for a correction in the budget to cover the cost of Council members being compensated if the referendum passes. The amount of the cost is $10,560.00. The other amendments are for an appropriation of $20,750.00 in grant awards and a transfer of $9,000.00 to cover the match requirements for the grants. The latter two would be put in the Police Department’s budget.
Councilor Thibodeau asked of the $20,750.00 is directly related to the grants. Town Manager Layton stated she was correct.
Mayor Pro Tempore Beres moved to approve the budget amendments.
Motion approved 5-0.
MAYOR’S AGENDA
Mayor Schwarz recognized Darwin “Doc” Drewyer for his outstanding contribution to the community. He stated that Mr. Drewyer has organized the Fourth of July parades for the past few years. He stated the parade was a wonderful event and that Mr. Drewyer and his wife put in a considerable amount of effort each year. Mayor Schwarz thanked Mr. Drewyer for all of his hard work.
Mayor Schwarz reminded Council of the League of Municipalities convention, being held in October. He asked that those members wishing to attend to let Deputy Town Clerk Kopec know so she could get them registered.
He reminded Council of the public officials meeting at the Pitts Center in Southern Shores on July 15, 2004 at 1:00 p.m. He urged Council and the audience to attend the meeting to show their support for the Build the Bridge campaign.
Mayor Pro Tempore Beres encouraged Council and the audience to attend all three of the meetings to support the Build the Bridge campaign.
Councilor Caviness suggested that those who cannot attend the meeting, to log on to www.buildthebridge.org and sign the petition there as well as forward the link to those who own homes or are visitors to Duck.
COUNCIL MEMBERS’ AGENDA
Update on Joint Information Center (JIC)
Councilor Caviness stated that at the last Council meeting Deputy Fire Chief Donna Black had attended the first meeting with the Joint Information Center. She stated that she attended the second meeting and since then, there have been minor revisions to the original plan. She stated that the premise is still the same – representatives of each municipality are needed to join Dare County to assist in the distribution of information during a hurricane. She went on to give an update on the meeting to Council and the audience.
Mayor Pro Tempore Beres asked for a status on the “Welcome to Duck” signs. Town Manager Layton stated the signs are in the process of being replaced. He stated he didn’t have a date for completion, but that the work is progressing. Mayor Pro Tempore Beres thanked the members of the audience that provided comments at the meeting.
Councilor Thibodeau stated she was grateful that the Fourth of July holiday was successful with regard to safety, but felt intimidated by being in Town and watching the fireworks. She suggested an amnesty for the Fourth of the July for the beach or a public display to be held by the Town. She stated she knows it would be a significant amount of money but wanted to go on record for her support of either of these two options. Councilor Thibodeau stated she is looking into coming up with a “Welcome to Duck” letter for new homeowners.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, August 4, 2004.
CLOSED SESSION
Councilor Morrison moved to enter closed session to consult with an attorney to establish or to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease.
Motion carried 5-0. The time was 8:35 p.m.
Upon return from closed session there was no further business. Councilor Thibodeau moved to adjourn the meeting.
Motion carried 5-0. The time was 9:05 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor