TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
September 1, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, September 1, 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; Fire Chief John Brock; 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. There being no one wishing to speak, Mayor Schwarz closed the time for public comments.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the August 4, 2004 regular meeting and the August 18, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the August 4, 2004 meeting for changes.
Mayor Pro Tempore Beres had one minor change to the minutes.
Mayor Pro Tempore Beres moved to approve the August 4, 2004 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the August 18, 2004 meeting for changes.
Councilor Morrison moved to approve the August 18, 2004 minutes as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Report by John Wander on the Activities of the Build the Bridge Committee
Mayor Schwarz directed John Wander to present a report. John Wander stated that since the last time he spoke at the Council meeting, a few more items have come up of interest. He stated that the Committee is getting a lot of signed petitions on their web site. To date, 19,000 petitions have been signed. He stated that in July, the NCDOT/Currituck Sound Area Transportation Study Citizens Information Workshop was held. He stated the work that was presented at that workshop appears to be an extension of data compiled in 1998. He stated it will be used as a basis for developing alternatives. He stated the Build the Bridge Committee has decided to hire a consultant once a specific scope of work is defined to pick out the errors and contradictions in the study from NCDOT.
Mr. Wander stated an excellent letter was sent to the governor with a resolution from the Duck Town Council. He thanked Council for sending the letter. He stated the new Build the Bridge sign has been erected in Duck. He thanked Allan Starr for his help in putting the sign up.
Mr. Wander stated the main activity of the Committee is the financial study. He stated the report is being written and should be in final draft by the end of September. He stated the Committee is planning to obtain a bus and will be asking individuals in Duck, Southern Shores and Currituck to sign up to join the bus so that their financial report could be delivered to the governor’s office in person.
Sam Taylor was recognized to speak. Mr. Taylor gave a short presentation on how Town revenues will be affected by possible permanent losses if the bridge is not built.
Mayor Schwarz stated that the Town had sent the letter to the governor as well as other elected officials but a response has not been received to date.
Town Manager Layton stated he had emailed John Page of Parsons Brinkerhoff and asked him some questions. He asked Mr. Page for a copy of the Purpose and Needs Statement for the study, which should have been provided to the Town. He also asked for a copy of the Scope of Work and the methodology used to evaluate the alternatives. He stated Mr. Page responded and would send the Purpose and Needs as well as the Scope of Work to him.
Mayor Schwarz thanked Mr. Wander and Mr. Taylor for their time.
Town Manager Layton stated that at the public officials briefing, NCDOT brought up an idea of a collaborative group, comprised of officials from the towns involved in the study area as well as the counties involved. He stated they are looking for appointments from the localities for the committee. He stated he had asked if there was any way for the Town of Duck to be able to get on the actual study committee but was told about the collaborative group. He stated if Council wished; an individual could be appointed to that role.
Mayor Pro Tempore Beres asked what the timing was on establishing the collaborative group. Town Manager Layton stated there weren’t any dates at this point, but things will get started after the alternative scope of work is finalized.
Councilor Caviness asked if the representative had to be an elected official or a designated appointee from the community. Town Manager Layton stated it wasn’t specified.
Mayor Schwarz asked Council if they would like to appoint someone or would they wish to hold off. Mayor Pro Tempore Beres stated he would like to have information on the intent of the committee and the responsibilities associated with it. Town Manager Layton stated that if he can get the information, he would bring it back to Council.
Mayor Schwarz stated that this idea came up at the elected officials meeting and seemed to be supported by all of the communities. He felt this is a position that the mayors should become involved in and that a mayor and alternate should be appointed to the committee.
Appointment of a Representative to Serve on the Government Access Channel Board
Mayor Schwarz stated he had spoken to Councilor Morrison about serving on the Board and Councilor Morrison had agreed to serve. He stated it is a monthly meeting with the first meeting to be held on Tuesday, September 14, 2004.
It was consensus of Council to appoint Councilor Morrison to the Government Access Channel Board.
Mayor Pro Tempore Beres asked if the revised interlocal agreement has been received for the Town’s approval and signature. Town Manager Layton stated it is making its rounds and has not been received yet.
Discussion/Consideration of Endorsing the Beach Nourishment Petition
Mayor Schwarz directed Town Manager Layton to give a background. Town Manager Layton stated that Council had adopted a resolution supporting a 1% land transfer tax increase to help fund beach nourishment activities. As it went through the legislative process, it emerged as a 1% sales tax increase, which Council did not endorse with the resolution. He stated the onus is now on the Dare County Board of Commissioners to determine whether they will enact the 1% sales tax or not. The Chamber of Commerce is supportive of the idea and sent all of its members, which includes the Town of Duck, a petition requesting signatures in support of adopting the tax. He stated he did not feel comfortable putting the petition out since the resolution did not endorse the sales tax and brought it back to Council for discussion.
Mayor Schwarz stated the question is if the Town wishes to have the petition in their offices for people to sign. He stated the petition supports the 1% increase in sales tax. He stated that Bart Smith had telephoned him before the meeting and expressed his strong opposition to the beach nourishment and sales tax issue. He reminded Council that it was agreed to support the 1% land transfer tax, but the 1% sales tax issue came out of another meeting and the legislature approved it at the last minute. He stated that if this petition is allowed to be placed in the Town offices, then a request for a petition opposing it would probably be made.
Councilor Thibodeau stated if the petition in support of the 1% sales tax will be put out in the Town offices, it would be wise to allow another petition opposing it to be put out as well. She stated the Dare County Board of Commissioners is having a public meeting on Wednesday, September 8, 2004 and felt the Council should attend to get the facts.
Mayor Pro Tempore Beres felt Councilor Thibodeau made an interesting point. He stated that by having 2 petitions, it would get out the word on how people feel about beach nourishment.
Councilor Morrison felt that more information needs to be collected.
Councilor Caviness asked if the petition if from the Chamber of Commerce. Town Manager Layton stated she was correct. She stated that if the information needs to be fed to the Board of Commissioners, it should be put on the Town’s website or have the Board of Commissioners’ emails available to citizens. She agreed with Mayor Schwarz and Councilor Thibodeau that if a petition in favor of the tax is put out, another one opposing it should be put out. She felt that Council should not endorse it.
Mayor Schwarz stated he is opposed to the 1% sales tax and is not in favor of putting the petition out in the office for the public to sign. He felt if the information is put on the website encouraging people to attend the meeting, then the Town has satisfied what they needed to do. Councilor Thibodeau agreed.
Mayor Pro Tempore Beres stated he has a problem with the facts as presented in the petition. He stated he would want clarification before posting the petition in any of the Town’s offices.
It was consensus of Council to put the information on the website regarding the public hearing on September 8, 2004 and provide any other additional information for citizens.
Councilor Caviness suggested having a link on the website.
Councilor Morrison asked if the information sheet would not be put on the website. Mayor Schwarz stated he was correct.
Discussion/Consideration of Fall 2004 “Litter Sweep” Roadside Cleanup
Mayor Schwarz stated the cleanup is a state-wide initiative being held September 18, 2004 through October 3, 2004. He stated he had spoken to Paul Keller, who has agreed to serve as the chairperson for the clean up. He stated the sweep will be held on Wednesday, September 22, 2004 at 9:00 a.m. at the Duck Volunteer Fire Department.
NEW BUSINESS
Presentation by Chuck Poe, Outer Banks Community Development Corporation, Regarding the Teacher Housing Effort
Mayor Schwarz directed Chuck Poe to make a presentation to Council.
Chuck Poe stated that the major interest of the CDC is to keep the lines of communication open. He stated that Council should have received their quarterly report. He stated that since a member of Council is on the Board, there will be a constant line of communication on their activities available.
Mr. Poe went on to give a presentation on the teacher housing program to Council and the audience.
Mayor Schwarz thanked Mr. Poe for his presentation.
Discussion/Consideration of a Request from Four Seasons to Support the Pumping of Storm water into the Ocean
Mayor Schwarz directed Jeff Shields to make a presentation.
Jeff Shields stated that his company, Seaside Management, represents Four Seasons in Duck Homeowners Association. He stated that he had the president of the homeowners association – Gus Shackson – with him. Mr. Shields stated he and Mr. Shackson were at the meeting to ask for the support of the Council in securing a means for applying for an emergency pumping solution to their flooding problem in the event of an emergency. He stated that Four Seasons as well as the surrounding community has been inundated with terrible flooding in recent weeks. He stated that due to the water table being so high, it’s not allowing the water to drain. He stated the accumulation of the water has caused serious health and safety concerns. He stated that Four Seasons has aggressively sought solutions for their flooding problem. He stated they have developed a project which will allow a system to pump water to a high ground retention site. He stated the association has pumped water into septic trucks to remove it from their streets and common walkways. He stated that all of the water is not theirs and some of it is runoff from the north and south.
Mr. Shields stated that his board had directed him to research all possibilities and solutions for the flooding problem. He stated he had contacted local, county and state officials, all of which presented different answers for a solution. He stated it has been a very frustrating process. He stated the association turned to Senator Marc Basnight’s office and spoke to his Chief of Staff, Rolf Blizzard. Mr. Blizzard suggested that if Four Seasons could gain the support of the Town of Duck, emergency help may be able to be identified.
Mr. Shields stated that at the meeting that Mr. Basnight hosted earlier in the week, the state agency of the Division of Water Quality was identified as the agency that would grant Four Seasons permission to do what they would need to do in an emergency situation. He stated that after the meeting, Four Seasons identified the policy that grants permission for storm water flood relief discharge for emergency pumping into the ocean and/or sound. Mr. Shields handed out a copy of the policy to Council.
Mr. Shields stated that the policy was put into place in 1996 as a result of the increased storms on the Outer Banks. He stated there is a provision to help them, but Four Seasons needs Council’s support. He stated that as per the policy, Four Seasons would need a public entity to support and file the request on their behalf. He stated he knows there are restrictions and guidelines to the policy and is fully prepared to cooperate in any way necessary. He stated that Four Seasons is asking that the next time there is an emergency, that Council considers their request so that there is a plan in place for pumping the water. He asked Council to support Four Seasons in filing the policy with the Division of Water Quality.
Gus Shackson was recognized to speak. Mr. Shackson stated that Four Seasons is not looking for an easy solution. He stated the board has been looking for a long term solution and asked their engineer to look into a discharge in Duck. He stated they had asked their engineer to look into creating a series of pumping stations in Four Seasons to pump to the discharge. He stated the engineer stated they could not do that. He stated the board is looking into ways to finance “cures” within their own boundaries.
Mr. Shackson stated that Four Seasons does have some land that is on higher ground near their gazebo that they could pump water to. He stated that Four Seasons is looking for a cure for the deluges they are dealing with. He stated there is a project underway that should alleviate their front entrance problem. He stated that pumping into the sound or ocean would be a temporary solution until a more permanent one could be worked out.
Councilor Thibodeau asked Mr. Shields if the policy had the definition of a state of emergency. Mr. Shields stated the policy describes it as 14 inches of water in an area, creating a problem for emergency personnel being able to get to people in distress.
Councilor Morrison asked if there is any area in Four Seasons where the water is 14 inches deep. Mr. Shields stated there has been an occasion on Duck Hunt Club Lane. He stated it’s one of the areas fed by the low-lying area as well as their neighbor to the north.
Mayor Schwarz stated that Council did not have enough information to make a decision. He suggested passing the issue on to Staff. He stated that Council is not qualified to make a decision at this point. He stated they understand Four Seasons’ plight but that they have to look at the issue as a community.
Town Manager Layton asked if a recommendation and a policy should be brought back to Council. Mayor Schwarz stated he would like Staff to come back with an explanation of the whole situation so they can understand what can be done and the impacts of pumping water into the ocean or the sound.
Councilor Caviness asked where Four Seasons has been pumping their water. Mr. Shields stated that septic tank trucks have been pumping the water. Councilor Caviness asked if they have been able to pump to the gazebo spot. Mr. Shields stated that the front entrance has a landscaped area that the water is pumped to and serves as a retention area. He stated they have not come up with a solution for Duck Hunt Club Lane yet. Councilor Caviness asked if they have tried to pump the water from Duck Hunt Club Lane to the gazebo area. Mr. Shackson stated they have not. Mr. Shields stated they have removed the water with tanker trucks.
Mr. Shackson stated that the tanker trucks worked in the previous year. This year, there has been too much water to keep up with the pumping. Councilor Caviness asked if Four Seasons has advised their homeowners on irrigation systems to stop watering their lawns. Mr. Shackson stated that Four Seasons has control of the irrigation system and can turn them off. Councilor Caviness asked if the irrigation systems have been turned off. Mr. Shackson stated they have. Councilor Caviness asked if there has been a stop on the irrigation. Mr. Shackson stated the systems are back on for the properties that need it. Councilor Caviness asked if by having the irrigation system on, wouldn’t it exacerbate the situation. Mr. Shields stated it works like a fountain and didn’t increase the problem with lawn irrigation.
Mayor Schwarz thanked Jeff Shields and Gus Shackson for their time.
Town Manager Layton stated he had several issues he wanted to address to Council. He stated that the water table is high and there are several low spots that flood. He stated that the Tuckahoe subdivision entrance is the main problem in Town. He stated that staff is working as hard as they can to get the water out. Currently there are 2 pumps at the entrance, 1 being a 4 inch pump which is used on a consistent basis to keep NC12 passable and the other is an 8 inch pump that NCDOT has provided and has only been used during the height of storms. The water is pumped to higher ground and will stay there as long as the pumps are going. As soon as the pumps are turned off, the water returns back to the entrance. He stated there is not enough power or a proper hose to get the water over the hill and down. He stated that these factors are making for a constant struggle for the Town. He stated that the police and fire department are constantly out turning the pump on and making sure the hoses are working.
Town Manager Layton stated that during the recent severe rain events, motorists had to be routed onto the bike path. Because of this, gravel had to be brought in to keep the path from suffering excessive erosion. He stated that in his discussions with NCDOT, it was suggested that the median of the bike path be paved in that area so it could be used as a second lane during rain events. He stated that he is obtaining cost estimates on a more permanent short term solution at Tuckahoe. In addition, the Town is purchasing 2 smaller trash pumps to handle the small issues on NC 12 as well as trying to work out a contingency plan to have bigger pumps brought in with a single telephone call. He stated that the longer term solution for now is that the Town has received a commitment from NCDOT to fund a third of a study between the Towns of Duck and Southern Shores. He stated he is working on a scope of work which will be used for an RFP process to come up with engineered plans. He stated that in the meantime, the water will continue to be pumped to the higher ground.
Police Chief Hamilton was recognized to speak. Chief Hamilton gave a review of alternative traffic relief strategies for the Town of Duck. He stated the first response is to have rapid response of the police personnel to assess the conditions. He stated the police have recently tested a motorcycle as a means to move quickly through the traffic; however it did not meet their needs. He stated they have one ATV that has been helpful and are now looking at a Ranger, which would carry the equipment needed for a traffic situation. He stated the police could employ traffic direction strategies when feasible, such as holding up one lane of traffic to let the other lane go. Chief Hamilton stated he had met with NCDOT engineers for the highway patrol and the consensus was one lane should not be stopped if both lanes are moving. He stated that they discussed with the Town of Southern Shores the idea of manually operating the traffic lights so traffic could flow uninterrupted, however, NCDOT will not allow the manual operation of the traffic lights as it will cause traffic to back up elsewhere on NC 12.
Chief Hamilton stated a media list has been set up so that the word can get out quickly via facsimile. The media list includes the local radio stations but everyone does not listen to the radio. He stated the police have ordered fold up signs that let motorists know of traffic delays and high water. He stated that one idea was to use an AM frequency on the radio to broadcast information to the motorists. He stated there is currently one in Martins Point and that they are researching the prospect of adding onto that one.
Town Manager Layton added that one of the main complaints received from people heading south from Corolla was that no one knew what was going on. He stated the Town is exploring options on how to get the word out. He stated message boards were discussed, but they are very expensive. He stated the AM frequency was one that was discussed with the Town of Southern Shores. He stated the fold up signs have been ordered and that the police officers will carry those signs in their vehicles at all times.
Fire Chief Brock was recognized to speak. Chief Brock stated that at one of the recent staff meetings, Town Manager Layton had put Chief Hamilton, Mirek Dabrowski and himself on a committee to look into communication. He stated that communication is important between the police department, fire department and the Town. He stated the police department and fire department run on 2 different radios which do not communicate with each other. He stated they are looking into different options for communications.
Mayor Pro Tempore Beres asked if there was grant money available to provide inter-operable communication devices for first responders. Chief Hamilton stated that the police were denied the grant and the money had gone to the I-95 corridor.
Councilor Caviness asked if there was grant money available for the fire trucks to change over their radios. Chief Brock stated that was part of the same grant for the inter-operable communication devices.
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that various municipalities have imposed a moratorium regarding fill in the wake of recent storm events. She stated the issue of fill is due to drainage. She stated that there are a lot of lots in the Town of Duck that have shallow flooding, with some areas that receive 1-2 feet of water during a severe storm. She stated that homes that need to be pulled out of shallow area flooding need to be filled 1-2 feet, but it only changes where the water is going.
Planning Director Cotellessa stated that the Town of Duck is very largely built out and now has a community-wide storm water problem. She suggested that as a community, the issue of fill should be thought about with respect to (1) raising homes to affect the height of the house and (2) the lack of regulations for storm water issues for lots that are heavily filled. She stated that a few towns have imposed a moratorium to study the issues. The Outer Banks Homebuilders Association has tried to be helpful by putting together a model ordinance, which could work for the Town.
Mayor Schwarz asked if the Planning Board should pursue the issue through staff. Councilor Morrison felt it was a good idea. Councilor Thibodeau felt it was great that the issue is being brought to the public’s attention.
Mayor Schwarz proposed that a moratorium be presented at the Council’s mid-month meeting. In addition, he suggested having staff start studying the issue.
Councilor Morrison asked if a public hearing would have to be held. Mayor Schwarz stated there would need to be one.
Town Manager Layton stated that this issue will be a referendum on the November 2, 2004 ballot. Self financing bonds are bonds that still have to go through the Local Government Commission and would be allowed to be issued by local governments. The bonds are paid by increased value when public improvements are put in. The value from the public improvements is used to pay for the bonds. He stated that the Town has been asked by the North Carolina League of Municipalities and the North Carolina Association of County Commissioners to support the effort.
Mayor Schwarz stated he accessed the League’s website and found 5 pages of cities, counties and towns that have already passed a resolution in support of it.
Mayor Pro Tempore Beres asked if the resolution is passed, would there be something put on the website to let voters know the position of the Town. Town Manager Layton stated it could be done.
Councilor Caviness supported putting it on the website. She stated that she didn’t think the Outer Banks would benefit from self financing bonds. She felt this is not a blanket issue.
Mayor Pro Tempore Beres moved to adopt Resolution 04-17, a Resolution in Support of Amendment One Related to Self Financing Bonds.
Motion adopted 4-1 with Councilor Caviness dissenting.
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 Healthy Carolina Month
Town Manager Layton stated that September is Healthy Carolina Month. He stated the Governor has issued a proclamation and the Health Department is taking the lead on getting people involved. As a result, the Town will be walking the Duck Trail on Thursday, September 16, 2004 at noon to promote fitness and wellness. He encouraged Council and members of the audience to join the Town employees for the walk.
He stated that the Town has been asked to provide a resolution which proclaims September as Healthy Carolina Month for the Town of Duck.
Mayor Schwarz moved to adopt Resolution 04-18, a Resolution of the Town of Duck Supporting Health North Carolina Month.
Motion adopted 5-0.
Update on Upcoming Board of Adjustment Hearings
Town Manager Layton gave an update on the Board of Adjustment Hearings to Council and the audience. He stated that on September 24, 2004 there will be 3 variance applications that will be examined by the Board of Adjustments.
Update on the Outer Banks Transportation Task Force
Town Manager Layton gave an update on the Transportation Task Force. He stated that the study that was included in Council’s packet was for their review. He stated he is not sure what will happen, but encouraged Council to review the cost.
Financial Statement for the Month of August 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.
MAYOR’S AGENDA
Mayor Schwarz stated that as more information becomes available on Hurricane Frances, he will email each Council member. He stated that if each Council member does not hear from him, it means that things are looking better.
COUNCIL MEMBERS’ AGENDA
Each Council member stated they had nothing to report.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, September 15, 2004 1:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Beres moved to enter closed session to (1) 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 and (2) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee
Motion carried 5-0. The time was 8:50 p.m.
Upon returning from closed session, Councilor Thibodeau moved to adjourn the meeting.
Motion carried 5-0. The time was 9:15 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor