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, October 20, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Nancy Caviness; and Councilor Neil Morrison.
COUNCIL MEMBERS ABSENT: Councilor Monica Thibodeau.
OTHERS PRESENT: Town Manager and Town Clerk Christopher Layton; Town Attorney Donald I. McRee, Jr.; Planning Director Suzanne Cotellessa; Fire Chief John Brock; and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
Mayor Schwarz asked that all questions be held off until the Fire Department’s presentation was finished.
John Darnall was recognized to speak. Mr. Darnall gave a presentation on the fire department’s request to purchase a new fire engine.
Mayor Pro Tempore Beres asked what the timing would be from ordering the new fire engine to when the construction would be completed and the truck would be delivered. John Darnall stated the process is between ten to twelve months.
Councilor Caviness asked if after the twelve month period, the financial obligation would begin. Fire Chief John Brock stated she was correct.
Councilor Morrison asked if a bid had been received from KME for the new fire engine. Fire Chief Brock stated they had received a bid from KME, but there were items they couldn’t offer to the fire department. Councilor Morrison asked how many companies in the United States make these particular fire engines. Mr. Darnall stated that more than a dozen make them with approximately six that are worthwhile companies. Bart Smith stated that certain companies concentrate on specific aspects for a fire engine. Councilor Morrison asked who manufactured the ladder truck. Mr. Smith stated that Pierce had made the truck.
Councilor Caviness asked Fire Chief Brock to give an overview of where the fire department is in regard to Engine 11. Mayor Schwarz asked what the plan was for replacing Engine 111. Fire Chief Brock stated that Engine 111 is a better built truck and he does not anticipate replacing the truck in the near future. He stated that Engine 11 may be two years newer than Engine 111, but it has a lot of issues. Engine 111 is a more solid built truck. He stated the fire department is required to have a reserve fire engine. He stated that after the trucks have been in service for 20 years, they are worth very little. He felt if Engine 111 made it to twenty years, they would be lucky to get $25,000 in a sale of it. Mayor Schwarz asked what year truck Engine 111 was. Fire Chief Brock stated it is a 1990 model. Mayor Schwarz asked what the plans are to replace Engine 111. Fire Chief Brock stated the fire department does not have a goal to replace it at this point but may want to do so in ten years. He stated that Engine 111 is capable for 20 years of service if not beyond that. He recommended holding onto Engine 111 as a reserve truck. Fire Chief Brock stated that Truck 11 is no longer in service due to warning lights going off. He stated he has a Detroit engine person coming out to work on the truck. He stated he thinks the problem is an internal engine one. He stated the transmission leaks when the water pump is working, the pump shaft packing has rusted to the shaft, oxidation of dissimilar metals has become a huge problem of the truck, the governor system will need to be replaced for a second time, and the brake system has issues.
Councilor Caviness asked what the implications for the department and community will be if the engine is irreparable. Fire Chief Brock stated the department would be left with one engine to respond to fire calls. This also affects their mutual aid agreements. He stated he may have to contact Kitty Hawk and Southern Shores fire departments to ask them to be the automatic responders for first alarms in Duck. He stated that they are required by their ISO rating to respond to calls with two engines and a truck to every fire alarm in Duck.
Mayor Pro Tempore Beres asked if any revenue from the sale of the Engine 11 is expected. Fire Chief Brock stated he thought they would but it would be questionable as to how much. He stated that comparable units in good shape have a market value of $110,000. He doesn’t think the fire department is anywhere close to that figure. He stated another fire department has offered $30,000 for the engine to be used for parts.
Mayor Pro Tempore Beres asked how many more annual installments are left on Engine 11. Fire Chief Brock stated that there are eight more annual payments.
Mayor Schwarz asked how long the price for the new engine is good for. Fire Chief Brock stated the price is good through Thursday, October 21, 2004. After that, the price will increase by $20,239. Mayor Schwarz asked how long the new price would be good for. Fire Chief Brock stated he wasn’t sure.
Mayor Schwarz asked for an explanation of the compressed air foam system and how it fits in with the overall operation of the fire department. Bart Smith gave an overview on the compressed air foam system and its advantages over water alone to Council and the audience.
Councilor Morrison asked how long the foam lasts and if the fire department could run out of it. Bart Smith stated the foam could run out, but a very large area would have to be on fire. He stated that the foam comes in five gallon drums. He stated the tank on the fire engine has a forty gallon capacity that can be refilled. Aubrey Kitchin stated that the fire department would be able to carry the five gallon drums with them. He stated the new fire engine can pump out water as well as the compressed air foam.
Mayor Pro Tempore Beres asked if there is an advantage for compressed air foam when fighting a fire at a gas station. Chief Brock stated there is a tremendous advantage in that the firefighters can be further away from the fire, making it safer for them to be able to effectively fight the fire.
Mayor Schwarz asked if the ISO requirement will change. Fire Chief Brock stated it wouldn’t. Mayor Schwarz asked if it would make a difference if the new truck pumped foam or water. Fire Chief Brock stated it would not make a difference and would not be a consideration.
Councilor Caviness asked where the new fire engine would fit in respect to the budget and financing it. Town Manager Layton stated it would be a matter of opportunity cost for the Town as well as the fire department. He stated the question is not whether the $60,000 can be afforded, but how does it fit in with the other projects that are upcoming. He stated it is great that the fire department has proffered additional money for a down payment as well as money for the first payment. He pointed out that the fire department will need new hoses and that they would be coming to the Town for it. He stated the Town has to have a plan to adequately meet the need.
Aubrey Kitchin stated the $75,000 is money that came from before the Town incorporated. He stated that Dare County would give the fire department money each year. He stated the money that was left over each year was put aside to be put toward a new fire engine. He stated the additional $60,000 is coming from monies that the fire department had raised itself.
Councilor Caviness asked if the fire engine would be an expenditure that would come from the Capital Improvements plan. Town Manager Layton stated she was correct.
Mayor Pro Tempore Beres asked if the Town is looking at five or six years that there would be two payments to be made. Town Manager Layton stated he hadn’t done a total analysis on it. He stated there is eight years left with the first payment due in Fiscal Year 2006, his understanding would be that the fire department would be using discretionary money for the first payment. He stated the Town would be left with six years where there would be an overlap.
Councilor Caviness asked Council where they go from here. She felt it was important to put it in the Capital Improvements plan. Mayor Schwarz suggested discussing it when they get to the agenda item for Capital Improvements.
Mayor Schwarz thanked the members of the fire department for their presentation and stated the discussion would continue later in the meeting.
PRESENTATION OF ORDINANCE 04-24, CONTAINING PROPOSED CHANGES TO THE ZONING ORDINANCE OF THE TOWN OF DUCK RELATED TO SEXUALLY ORIENTED BUSINESS
Mayor Schwarz directed Planning Director Cotellessa to make a presentation. Planning Director Cotellessa stated the Council passed a moratorium on sexually oriented businesses back in May, 2002. The moratorium is set to expire on November 15, 2004. The Planning Board has been working on an ordinance that would address the issue of sexually oriented businesses and would not allow the uses within the Town. Planning Director Cotellessa reviewed the changes with Council and the audience.
Mayor Schwarz asked if the ordinance has been advertised for public hearing. Planning Director Cotellessa stated it had. He asked if the changes would have to be made before the public hearing. Planning Director Cotellessa stated they would need to be changed before the hearing.
Town Attorney Ike McRee recommended adding “the availability of sexually oriented businesses in lieu of the city” under Section 29.1.A.16 for consistency with other municipalities.
Councilor Caviness recommended striking the reference to the majority of the population being retired. She felt there wasn’t a need to have the statement in the ordinance. Mayor Pro Tempore Beres asked if by having it left in, would it strengthen the ordinance. Town Attorney McRee stated it would be helpful to have it left in the ordinance. Councilor Caviness thought that, while it wouldn’t hurt to leave the reference in, it doesn’t help the ordinance either. She stated that it makes the assumption that retired people would not frequent these types of businesses. Town Attorney McRee stated the reference sets forth that the Town is a unique community versus other areas where sexually oriented businesses may be more appropriate or acceptable.
Councilor Morrison asked if paragraph 11 could be stricken from the ordinance. Councilor Caviness stated that she had asked Planning Director Cotellessa to strike paragraph 11. She stated it wasn’t based on fact and the Town should not be citing it without statistics from the CDC or NIH to support it. She felt it was more of a fear tactic. She suggested changing the wording from “activities” to “unprotected sexual behaviors” in the paragraph.
Planning Director Cotellessa suggested changing the wording to state “unprotected sexual activities”.
Councilor Morrison asked if by changing the wording to “unprotected sexual activities”, it would imply that protected sexual activities would be allowed. Planning Director Cotellessa stated it wouldn’t, but would state that communicable diseases are spread by unprotected sexual activities.
Councilor Caviness and Mayor Pro Tempore Beres felt the paragraph should be stricken. Councilor Morrison and Mayor Schwarz felt it should stay in. Mayor Schwarz stated it would be discussed again at the public hearing.
DISCUSSION/CONSIDERATION OF AWARDING A CONTRACT FOR THE TOWN OF DUCK DUNE PLANTING PROJECT
Town Manager Layton stated that the Town is at the point at the dune planting project where he feels comfortable recommending a contractor to go forward with the project. He stated that the Town received money from FEMA and it was reprogrammed for a dune planting project. As part of the project, the Town is allowing those that had planted beach grass to be reimbursed for it if the grass is viable as determined by the contractor and if they can show that it was planted after Hurricane Isabel. He stated that letters have been sent to all beachfront property owners and responses have been received from all but 12 property owners with 12 requesting reimbursement and approximately 5-6 asking that their dunes be left alone. He stated the Town hopes to proceed with the project by the end of November.
Town Manager Layton stated he would like to present a contract to Coinjock Farms for the beach grass planting. He reviewed the two bids with Council and pointed out that Coinjock Farms was obviously a more qualified contractor even though SWD Lawn & Tree had a lower bid price.
Town Manager Layton recommended contracting with Coinjock Farms for the beach planting project.
Mayor Pro Tempore Beres asked if the first step would be to survey which properties would receive the beach grass planting. Town Manager Layton stated he was correct.
Councilor Morrison asked that since the Town received $27,000 from FEMA, would the actual cost be $17,704. Town Manager Layton stated he was correct. He stated that the Town has money sitting in the budget that includes the FEMA money plus the Town’s portion.
Mayor Pro Tempore Beres moved to authorize the Town Manager to enter into a contract with Coinjock Farms for the planting of beach grass along the Town’s dune lines.
Motion carried 4-0.
OVERVIEW OF THE CAPITAL IMPROVEMENTS PROGRAM (CIP)
Town Manager Layton stated he would like to review what the CIP is and the process for it. He went on to give an overview of the CIP and the process of developing one for the Town. At the end of his overview, Town Manager Layton stated that if Council was comfortable with the process, he would have a draft CIP available for them at the retreat in January.
Mayor Pro Tempore Beres asked, using the police department as an example, if they would show by year, when they would need new vehicles. Town Manager Layton stated he was correct.
Councilor Caviness asked if there would be projects that are far along in the process as well as those in the conception stages. Town Manager Layton stated she was correct.
Mayor Schwarz thought the whole idea was for the CIP to be used as a planning tool so there are no surprises in the future. Town Manager Layton agreed.
Councilor Caviness asked what would happen if something unexpected came up. Would the item have to wait or would it be pushed to the forefront? Town Manager Layton stated it would depend on the issue. Mayor Pro Tempore Beres stated the CIP is a planning tool. Town Manager Layton agreed.
Mayor Pro Tempore Beres moved to authorize the Duck Volunteer Fire Department to enter into a contract with Pierce for purchase of a replacement for Engine 111.
Motion carried 4-0.
CLOSED SESSION
Councilor Caviness 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 4-0. The time was 2:40 p.m.
ADJOURNMENT
Upon return from closed session, Town Manager Layton reviewed the draft concepts for the Municipal Property with Council.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 4-0. The time was 3:10 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor