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, September 15, 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.; Planning Director Suzanne Cotellessa; Fire Chief John Brock; 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.
Mayor Schwarz directed Planning Director Cotellessa to give an overview of the ordinance. Planning Director Cotellessa stated that at the last Council meeting, the issue of fill and storm water regulations were briefly discussed. She stated that staff was directed to bring back an ordinance that would deal with a form of a moratorium to allow storm water regulations to be put in place. She stated that a draft ordinance was put in Council’s packets and included a series of options – option A would not allow any fill at all, option B would not allow any fill except what is required by Dare County Health Department to accommodate septic system installation, and option C offers some level of fill. She stated that each option provides for a 3 month moratorium for the Planning Board to study the issues and create storm water regulations to bring back to Council.
Mayor Schwarz asked for comments.
Allan Starr of 106 Gannet Cove was recognized to speak. Mr. Starr asked if options A or B are enacted, would people not be allowed to have any fill put in any lots. Planning Director Cotellessa stated there would be a complete ban on fill for option A and a ban on house-area fill but the septic area fill would be permitted for option B. Mr. Starr stated he is in favor of a moratorium. He suggested a storm water management plan at the expense of the homeowner if there is concern of runoff problems. He stated the economic burden should not rest on the Town or the adjacent property owners.
Kevin Schwartz of the Outer Banks Association of Realtors and Homebuilders Association was recognized to speak. Mr. Schwarz agreed with Mr. Starr’s comments. He stated he supports option C3 with some modifications. He handed out his modification comments to Council. He asked Council to take a reasoned approach in passing the moratorium.
Town Manager Layton handed out a letter from Mr. Donald Lampe, who supports the moratorium.
Mayor Schwarz asked for any other comments. There being none, he closed the public hearing. He then asked Council for comments or questions.
Councilor Morrison asked if option C1 means a 10 foot wide perimeter around the lot. Planning Director Cotellessa stated the lot could be filled to 1 foot and taper at the 10 foot line to the edge of the property.
Councilor Thibodeau asked if over the next 3 month period, will staff be looking at the entire storm water problem or just looking at fill. Planning Director Cotellessa stated staff will be studying the entire issue. Councilor Thibodeau asked if there would ever be a limit or restriction on the type of fill. Planning Director Cotellessa stated it would be looked at. Councilor Thibodeau asked if the Town would tell property owners where to place their septic systems. Planning Director Cotellessa stated she would not envision it due to the regulations of the Dare County Environmental Health Department.
Councilor Caviness stated she did not understand the difference in limiting fill amounts. She asked if there was an option that was more conservative or requested more. Planning Director Cotellessa reviewed the different fill options.
Mayor Schwarz asked if Planning Director Cotellessa had a recommendation for Council. Planning Director Cotellessa stated that she would recommend option C2.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller asked when the building height is measured, where is the baseline from. Planning Director Cotellessa stated that building height is measured from the finished grade.
Councilor Thibodeau stated she would like to see an allowance for special circumstances with the moratorium.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-20, an ordinance imposing a moratorium, allowing for option C2.
Motion adopted 5-0.
DISCUSSION OF THE PROVISION OF EMERGENCY MEDICAL SERVICES
Mayor Schwarz directed Fire Chief John Brock to make a presentation to Council and the audience. Fire Chief Brock gave a history of Rescue 11 to Council and the audience.
Robyn Smith was recognized to speak. She gave a short overview of the hierarchy of the EMTs. Fire Chief Brock stated that Deputy Fire Chief Donna Black is an intermediate EMT, which is their highest level of training.
Deputy Fire Chief Black was recognized to speak. She gave an overview of how Dare County provides service for the fire department to Council and the audience.
Councilor Thibodeau asked how far Deputy Fire Chief Black is asked to travel to respond to a call. Deputy Fire Chief Black stated she just responds to calls in Duck.
Mayor Schwarz stated that the fire department does not have any first responders. He stated the first responders are all EMTs.
Councilor Caviness pointed out that the 5 EMTs are also firefighters.
Town Manager Layton asked if the EMTs in Kill Devil Hills and Nags Head are paid. Fire Chief Brock stated that he was correct.
Fire Chief Brock reviewed how Kitty Hawk Fire Department employs EMTs with Council and the audience.
Councilor Thibodeau asked how old a person has to be to be a volunteer firefighter. Fire Chief Brock stated a person has to be 18 years old to be a volunteer.
Ron Forlano was recognized to speak. He asked if an older person would be able to volunteer or was there an age limit. Mayor Schwarz stated there is no limit.
Mayor Schwarz asked for the options for part time volunteers. Fire Chief Brock stated that it was considered that Dare County be asked to bring an ambulance in. He felt it may not be the right way to go. He suggested hiring EMT firefighter-type personnel to cover a span of time or even around the clock. He stated that the response level could be lowered to only first responders and bringing back the 15 hour class.
Councilor Caviness asked what the feasibility would be for shift work within the fire department. Fire Chief Brock stated he didn’t see it working for the fire department’s situation.
Allan Starr was recognized to speak. He urged Council to find funds to adequately staff EMTs and paramedics for the Town. He stated that by hiring paid personnel, it would take the burden off the volunteers. Donna Black cautioned Council not to pursue Mr. Starr’s suggestions due to liability issues.
Councilor Thibodeau asked if Southern Shores was the only other volunteer fire department on the beach. Fire Chief Brock stated that Southern Shores is all volunteers with their secretary as the only paid employee.
Ron Forlano was recognized to speak. Mr. Forlano asked if the Town were to come up with the funds to augment the personnel, would there be enough personnel to fulfill the needs of the Town. Fire Chief Brock stated the fire department has a supply of people to volunteer at the fire department.
Robyn Smith was recognized to speak. Ms. Smith suggested compensating the volunteers that are first responders, such as Deputy Fire Chief Donna Black.
Mayor Schwarz thanked Fire Chief Brock and Deputy Fire Chief Black.
DISCUSSION/CONSIDERATION OF DATE FOR LARGE ITEM/BRUSH PICK UP
Mayor Schwarz stated that 2 dates have been picked to choose for the Fall bulk item pick up – Wednesday, October 13, 2004 and Wednesday, October 20, 2004.
Mayor Pro Tempore Beres asked if October 20, 2004 would be preferable to allow for more advertising. Town Manager Layton stated he was correct.
Town Manager Layton stated that either date would be fine. With the later date, it would mean that the bulk items would be sitting out for an extra week before being picked up.
Paul Keller was recognized to speak. He stated that a letter will be sent out to the homeowners’ associations regarding the Municipal Property Master Plan Study Committee’s public input meeting. He suggested adding the bulk item pick up date to the letter. Town Manager Layton stated he had planned to do that as well as sending an email out to the subscriber’s list and advertising in the newspapers.
Councilor Thibodeau moved to schedule the large item/brush pick up for Wednesday, October 13, 2004.
Motion carried 5-0.
UPDATE ON MUNICIPAL PROPERTY MASTER PLAN
Town Manager Layton stated that the 2nd public meeting on the draft concepts has been scheduled for Saturday, October 9, 2004. He stated it will be an open house-type meeting in the bays at the fire department, running from 10:00 a.m. to 4:00 p.m. He stated the meeting will be advertised in the newspapers as well as sending letters to the homeowners’ associations. The concepts will be available at the meeting as well as a questionnaire, plus individuals will be available to answer any questions. He stated the purpose of the meeting is to receive input on the concepts. He stated that the Committee will present the draft concepts to Council at the October 6, 2004 meeting as a pre-cursor to the public meeting.
Paul Keller was recognized to speak. He stated the Committee had their meeting earlier in the week. He stated they are hoping to get as much input as possible from the public meeting. He commended VHB on the job they have done to date on the concepts.
Councilor Thibodeau asked if VHB will be at the public input meeting. Mr. Keller stated they would.
DISCUSSION OF APPOINTMENTS TO THE STORMWATER STUDY GROUP
Mayor Schwarz stated that Council had a copy of a letter from Senator Basnight in their packets. The letter states that the committee will meet on Tuesday, September 21, 2004. He stated that he and Town Manager Layton had a discussion with Rolf Blizzard and that Senator Basnight’s idea is to get the town managers involved along with individuals from the state to be a part of the storm water study group. Mayor Schwarz recommended Town Manager Layton to represent the Town of Duck on the committee. It was consensus of Council to appoint Town Manager Layton to the storm water study group.
DISCUSSION/CONSIDERATION OF RESOLUTION 04-19, A RESOLUTION REQUESTING STATE ASSISTANCE IN FUNDING A FEASIBILITY STUDY OF A SOUND SIDE PEDESTRIAN BOARDWALK WITHIN THE VILLAGE COMMERCIAL AREA OF THE TOWN
Town Manager Layton stated he has been in discussions with Senator Basnight’s Chief of Staff, Rolf Blizzard, recently. He stated they discussed a grant application the Town submitted to NCDOT to study the feasibility of a sound side boardwalk at the municipal property, which was denied. He stated that Mr. Blizzard requested a resolution in support of the feasibility study.
Councilor Thibodeau moved to adopt Resolution 04-19, requesting state assistance in funding a feasibility study of a sound side pedestrian boardwalk within the Village Commercial area of the Town.
Motion adopted 5-0.
Mayor Schwarz stated that Council had received a copy of Currituck County’s resolution supporting the widening of NC 12. He stated he didn’t think there was anything that the Town could do about it. He stated that he received a telephone call from Paul Sutherland, Mayor of Southern Shores, stating that he wanted to go back to the State and the governor and express his opposition to the resolution. He stated that Mr. Sutherland wanted the Town of Duck and Dare County to support him on this. Mayor Schwarz stated that he told Mayor Sutherland that the Town had sent a letter to the governor with a resolution within the last month and didn’t feel it was appropriate to get into a match over the issue. He stated he is going to try to meet with Paul O’Neill of Currituck County after the first of October. He felt the 2 towns would go further if both worked on the same issue.
Mayor Pro Tempore Beres agreed with Mayor Schwarz. Councilor Morrison also agreed. Councilor Thibodeau stated that she appreciates that Mayor Schwarz wants to work with Currituck County.
Mayor Schwarz reminded Council and the audience of the litter sweep for Wednesday, September 22, 2004 at 9:00 a.m. He stated that he would not be able to help out but felt that those that could not help on September 22, 2004, could do their own sweep a week later. He recommended that those who could not help out to let Paul Keller know so Mr. Keller could coordinate a second litter sweep. Councilor Thibodeau stated she will be out of town as well, but wanted Mr. Keller to contact her so she could set up a date to participate in the litter sweep. Mr. Keller stated he would be in contact with Councilor Thibodeau and Mayor Schwarz.
Mayor Schwarz encouraged Council and members of the audience to participate in Healthy Carolina Month. Deputy Town Clerk Kopec was recognized to speak. She stated that those wishing to participate should meet outside the Town offices on Thursday, September 16, 2004 at 12:00 p.m. She stated that Jim Gmitter from Dare County Health Department would be at the office to see who will be participating in the walk. Mayor Schwarz asked how far people would have to walk. Deputy Town Clerk Kopec stated that participants could walk as far as they want in a 1-hour timeframe. She stated that those who do walk would receive a goody bag from Outer Banks Hospital.
Mayor Schwarz stated that he has noticed that other towns have lapel pins and that he had asked Town Manager Layton to look into getting lapel pins for the Town. He presented each Council member and Town Attorney McRee with a new Town of Duck lapel pin. He thanked Deputy Town Clerk Kopec and Town Manager Layton for their work in getting the pins ordered. He stated that there is only a small supply, so they will be handed out with discretion.
Mayor Schwarz asked for other items.
Councilor Morrison stated he had attended his first meeting with the board of the Government Access Channel and the Town of Duck is ready to start participating. He stated the Towns of Kitty Hawk, Nags Head and Dare County Board of Commissioners are the only ones televising their council meetings. He stated the cost to televise a council meeting is $300 per meeting. He felt the Town was not ready to do that yet. He stated the Government Access Channel had suggested that the Town send in a Power Point show to put on the air. He stated he had spoken earlier with Deputy Town Clerk Kopec and she had stated she can do the Power Point slide show for the Town. He asked that he remain involved in the slide show. He felt that the Town could come up with an exciting presentation.
Councilor Caviness asked if the storm water issue with Four Seasons would be coming up at the October Council meeting. Town Manager Layton stated that he was asked to get more information in general terms of the storm water issue.
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 2:45 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor