TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
August 4, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, August 4, 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; 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.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments in regard to the Public Hearings be held off.
Donna Black of 111 Scarborough Lane was recognized to speak. Ms. Black thanked the Town staff for their help with the pig pickin’ that was held at the Duck Fire Department. She stated that the fire department sold 1,100 dinners.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated that the Town of Duck is not a retirement community but a family vacation community. He stated some citizens do not agree with him. He stated that when the Duck Trail was put in, most citizens felt that it would not be used. He stated this attitude is showing up again with the new municipal property. He stated he was surprised that a playground was not mentioned on the new questionnaire and the reasoning was that only three citizens had stated in the questionnaire that they wanted to see a playground on the property. Mr. Summers stated he viewed the fireworks on the beach on the Fourth of July. He stated there were quite a number of people on the beach that were watching the fireworks as well. He stated that enforcement of the prohibition of fireworks cannot be done when so many people like to see them every July Fourth.
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 July 7, 2004 regular meeting. Mayor Schwarz directed Council to review the minutes from the July 7, 2004 meeting for changes.
Councilor Morrison moved to approve the July 7, 2004 minutes as presented.
Motion carried 5-0.
PUBLIC HEARING
PUBLIC HEARING ON ORDINANCE 04-19, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING PARKING
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the ordinance is an amendment to the zoning ordinance to change the regulations with respect to parking. She stated the key features that will be changed were: eliminating the requirement for concrete driveways on all residential properties; changing the formula with respect to how parking is figured; expanded the year-round parking deferral for homeowners who do not rent their homes; expanded opportunities for businesses with off-site parking; providing parking requirements for restaurants with outdoor seating and created a new process for a special exception for parking. She stated the Planning Board conducted a series of workshops on the amendment and recommended approval by a vote of 3-2.
Mayor Schwarz asked for comments.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated the amendment is a good example of the Town paying attention to what people have to say. He commended the Town on the website in that he could access Planning Director Cotellessa’s memorandum on the amendment. He stated he didn’t understand how the septic ties in with the parking. He stated that parking should not be used as a device to regulate house size.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing.
PUBLIC HEARING ON TOWN OF DUCK HAZARD MITIGATION PLAN
Mayor Schwarz directed Town Manager Layton to review the hazard mitigation plan. Town Manager Layton reviewed the hazard mitigation plan with Council and audience, touching on the background requirements for the plan and the goals and actions set by the Town for the next five years.
Mayor Schwarz asked for comments.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that all of the goals are important but he is concerned about the new pond that has been created outside of the Stan White Realty office. He stated as time goes on, the puddle will get bigger and is a safety hazard. He felt that something needs to be done and asked if there is something that could be done temporarily to relieve the problem.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated he is concerned about the beach nourishment language in the plan. He urged Council to see if the Town needs the beach renourishment option in the plan.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers echoed Mr. Taylor’s comments. He stated that the beach will not disappear over time. He stated the beach nourishment program is no different than putting in a new water system. He stated a water system will last, but beach nourishment will not. He stated he is opposed to the plan.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
DISCUSSION/CONSIDERATION OF THE MUNICIPAL PROPERTY MASTER PLAN NEEDS ASSESSMENT AND VISION STATEMENT
Mayor Schwarz asked Paul Keller to make a presentation. Mr. Keller gave an overview of the Needs Assessment and Vision Statement to Council and the audience. He stated the Committee has worked on developing conceptual plans for the property. He stated the Needs Assessment and Vision Statement completes one of the Committee’s milestone tasks and establishes a consensus on the proposed uses for the property based on the questionnaires received. Mr. Keller read sections of the Needs Assessment to Council and the audience. Mr. Keller went on to review the goals and objectives of the Vision Statement with Council and the audience.
He stated the Committee had a design work session with VHB, Inc. on July 20, 2004. He stated it went very well and a lot of comments were received on the concepts from the Committee. He stated the regularly scheduled meeting for August has been changed from August 9, 2004 to August 23, 2004 to allow VHB to provide finished concepts for the Committee’s review. He stated the Committee will review the concepts and make comments and hope to have the concepts available for Council at their September meeting as well as at another public input session in October.
Mayor Schwarz thanked Paul Keller for his update. He asked Council if they had any questions in regard to the Needs Assessment and Vision Statement.
Mayor Pro Tempore Beres asked if an amphitheater is a requirement for the property. Mr. Keller stated the amphitheater is not a requirement. Mayor Pro Tempore Beres suggested taking the amphitheater out of the Vision Statement.
Councilor Thibodeau asked if the Committee will be getting two recommended scenarios before looking at cost. Town Manager Layton stated the cost will not be refined until after the public meeting in October when the two recommended alternatives will be presented.
Councilor Caviness asked if the active and passive areas are areas that would not be touched. Town Manager Layton stated she is correct.
Mayor Pro Tempore Beres moved to approve the Needs Assessment and Vision Statement as presented and amended.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF RESOLUTION 04-13, A RESOLUTION OPPOSING THE WIDENING OF NC 12 THROUGH THE TOWNS OF DUCK AND SOUTHERN SHORES AND SUPPORTING THE CONSTRUCTION OF THE MID-CURRITUCK BRIDGE
Mayor Schwarz stated that there have been presentations made by the Department of Transportation and one of the factors that was pointed out was that if NC 12 is widened, the traffic problems would cease to exist. He stated he watched a video of the Currituck County Commissioners meeting and that the Commissioners are supportive of getting something done right away and they are leaning toward widening the road as opposed to building the bridge. He stated they are under the impression that there is money available to widen the road. He encouraged Council and members of the audience to watch the video.
Councilor Thibodeau agreed with Mayor Schwarz. She felt the resolution should be short and to the point.
Mayor Schwarz recommended tabling the resolution until the August 18, 2004 mid-month meeting. He stated that once the resolution is passed, it should be sent with a cover letter to the Governor with copies to Marc Basnight, William Culpepper, North Carolina Department of Transportation and the North Carolina Toll Authority.
Councilor Caviness asked if there was concern about the paragraph citing The Virginian Pilot article. Mayor Schwarz stated she was correct. Councilor Caviness suggested striking the paragraph from the resolution and passing it.
Councilor Caviness moved to adopt Resolution 04-13, striking The Virginian Pilot paragraph.
Mayor Pro Tempore Beres asked if there was any information in terms of the research that is being done by the Build the Bridge Committee on the impact of houses lost and revenues forgone as a result of widening the road. Mayor Schwarz stated that the last he heard from John Wander was that they are still working on it.
Councilor Morrison asked if the word “destroy” should be bolded. Mayor Schwarz stated it wouldn’t make a difference but that it could be done. It was consensus of Council to have the word “destroy” stand out in the resolution by bolding and underlining it.
Motion adopted 5-0.
DISCUSSION OF LOCATION AND FUNDING FOR A SIGN IN SUPPORT OF THE BUILD THE BRIDGE CAMPAIGN
Mayor Pro Tempore Beres stated the location and type of sign have been decided and agreed upon. He stated the language has been revised to state: “Stuck in traffic? Build the short cut. Support the Mid-Currituck Bridge.” It would also have the website address for people to go to for more information. He stated the plan is to have the sign installed around the third week of August. He stated the rough estimate for the cost is $350 with the Town funding a third of the cost.
Mayor Pro Tempore Beres moved to approve the sign and authorize the expenditure of up to $120 from the Town.
Councilor Morrison stated he appreciated the work that Mayor Pro Tempore Beres did and liked the new wording for the sign. Mayor Pro Tempore Beres stated he had nothing to do with the wording and went on to thank John Wander, Allan Starr and Jon Britt for their help with the new wording.
Motion approved 5-0.
DISCUSSION/CONSIDERATION OF LETTER FROM ARMY CORPS OF ENGINEERS DECLINING THE TOWN’S REQUEST FOR LAND FOR FUTURE USE BY THE TOWN
Mayor Schwarz read some excerpts from the letter from the Army Corps of Engineers to the audience. He recommended forwarding a copy of the letter to the senators and a person higher up at the Corps of Engineers. He felt the issue should not drop. It was consensus of Council to keep the issue moving along.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF ORDINANCE 04-19, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING PARKING
Mayor Schwarz asked Council for comments or questions.
Mayor Schwarz asked Planning Director Cotellessa to explain the impact of changing the parking requirements. Planning Director Cotellessa explained that most of the homes that come in for building permits have plans for septic capacity that matches the number of bedrooms. She stated the original parking ordinance was based on the number of bedrooms plus one. She stated that several builders have said that the N+1 was not always needed. She stated the new ordinance would relate to the number of people as opposed to the number of bedrooms that are expected to be at a site. She stated it was discussed with the realtors and builders and they felt it was a reasonable change for the Town to make.
Mayor Pro Tempore Beres asked where a homeowner with a private residence that decides to use it as a rental property would find out the septic capacity for the house. Planning Director Cotellessa stated they would have to contact the Dare County Department of Environmental Health. Mayor Pro Tempore Beres asked if the new homeowner would have to provide this information to the Town. Planning Director Cotellessa stated they would only have to if they change the septic capacity.
Mayor Schwarz asked if a homeowner could come in and ask what the septic capacity is for their home. Planning Director Cotellessa stated she may have it in the files but if the homeowner wants a definitive answer, they should call the Dare County Department of Environmental Health.
Councilor Thibodeau asked if the Town will be receptive to special circumstances. Planning Director Cotellessa stated the Town Council has the prerogative to provide a special exception for parking regulations if it’s found that the parking requirement will not be detrimental to adjacent properties, won’t increase traffic congestion and won’t negatively impact pedestrians or other traffic flow in the area.
Mayor Pro Tempore Beres asked if the amendment changes lot coverage in regard to impervious surfaces. Planning Director Cotellessa stated it would not unless gravel is part of the lot coverage. Mayor Pro Tempore Beres asked if it would increase the amount of lot coverage available. Planning Director Cotellessa stated he was correct.
Councilor Morrison moved to approve Ordinance 04-19, an ordinance amending the Town of Duck Zoning Ordinance regarding parking.
Mayor Schwarz read an email from Kevin Schwartz of the Outer Banks Homebuilders Association to Council and the audience stating that he is in favor of the amendment.
Motion approved 5-0.
Mayor Schwarz asked Council for comments or questions.
Councilor Morrison asked if the plan obligates the Town to enter into a beach nourishment program. Town Attorney McRee stated the plan is just a guide and does not require the Council to do anything.
Councilor Morrison pointed out that the plan states the Town has a Mayor/Commissioner form of government and is incorrect. Mayor Pro Tempore Beres pointed out that Paul Keller was still listed as a Councilor and should be corrected. Town Manager Layton stated he would make the corrections to the plan.
Councilor Caviness moved to adopt Resolution 04-14, a Resolution approving the Town of Duck Hazard Mitigation Plan.
Motion adopted 5-0.
Town Manager Layton stated after Hurricane Isabel, the Town of Duck experienced some serious erosion problems and was visited by representatives from FEMA a few days afterward. FEMA identified three areas which they said had structures that were in danger from the erosion. The Town disagreed, but FEMA insisted and consequently gave the Town $27,260 to use debris sand from the roads to shore up those three areas. The Town of Duck did not have debris sand on the roads. He stated he researched what could help the dunes and discussed with North Carolina Sea Grant the options that would work. North Carolina Sea Grant suggested that after the nor’easter season, have the money reprogrammed for planting beach grass along the dunes. He stated he received approval from FEMA to reprogram the money for the project. He stated the estimated total cost to plant beach grass would be $48,000. He stated a contractor would be hired to survey the Town and identify the areas where beach grass needs to be planted. The contractors would then be sent out to plant the grass. A mass mailing would be sent out to the oceanfront property owners to let them know of the project and to get permission to go onto their property. Those who had already planted beach grass on the dunes of their property after Hurricane Isabel that can provide proof as such would be reimbursed by the Town at $1.50 per linear foot. He stated that the contractor would check to see if the beach grass was still viable and if not, new grass would be planted. He stated that if permission from a particular property owner was not obtained, the contractor would bypass that section. He stated the timeframe would be from mid-November to early December.
Mayor Schwarz asked if the planting is supposed to be done during the summer months. Town Manager Layton stated that American Beach Grass will be planted and can be done in late fall. He stated that American Beach Grass is the preferred grass to use.
Councilor Thibodeau asked how the Army Corps of Engineers property would be addressed. Town Manager Layton stated they will be a special case, but felt that they will not want any grass planted on their property. Councilor Thibodeau asked how sand fences would be handled. Town Manager Layton stated that CAMA would be the ones to let people know about the sand fence issues.
Mayor Pro Tempore Beres asked if CAMA has enforcement authority. Town Attorney McRee stated that they do have enforcement authority.
Councilor Morrison moved to approve the dune planting project as presented.
Motion carried 5-0.
CONSIDERATION OF AN APPOINTMENT TO THE OUTER BANKS COMMUNITY DEVELOPMENT CORPORATION GOVERNMENTAL AFFAIRS COMMITTEE
Mayor Schwarz stated that the Council had approved a $1,000 allocation to the Outer Banks Community Development Corporation and now they are requesting a member be appointed to their committee. He asked Council for a volunteer.
Councilor Thibodeau stated she wouldn’t mind volunteering.
Mayor Schwarz moved to appoint Councilor Monica Thibodeau as the Town’s representative to the Governmental Affairs Committee.
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.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Contractor’s Q & A Session Scheduled for August 18, 2004
Town Manager Layton stated that on August 18, 2004 the Town will be holding another outreach Q & A session for contractors. He stated it is being coordinated with Kevin Schwartz of the Outer Banks Homebuilders Association.
Update on North Carolina Public Beach and Coastal Waterfront Access Grant
Town Manager Layton gave an update on the grant to Council and the audience. He stated he had applied for the grant as a preliminary project and notification was received that the grant was liked. He stated he is working with the consultants to finalize the grant. He stated he will bring a resolution to Council at the August 18, 2004 meeting allowing the Town to apply for the funding.
Financial Statement for the Month of July 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 amendment is for the police department calendar. He stated the police had received $2,000 and asked for authorization of the appropriation of it into the police department budget. He presented Council with a revised budget showing a reprogramming of the fire department’s salaries out of the funding of the fire department and into the Town’s budget.
Mayor Pro Tempore Beres moved to approve the budget amendment.
Motion approved 5-0.
MAYOR’S AGENDA
Mayor Schwarz stated he did not have anything to present.
COUNCIL MEMBERS’ AGENDA
Councilor Morrison thanked Paul Keller and the Municipal Property Master Plan Study Committee for their hard work to date.
Mayor Pro Tempore Beres thanked Sam Taylor for his perseverance in following up on the impervious parking spaces.
Councilor Thibodeau thanked the Planning Board and staff for their hard work. She stated she is writing another North Beach Sun article and asked if anyone has any suggestions about an article, to please let her know.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, August 18, 2004 at 1:00 p.m.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 9:00 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor