TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
November 3, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, November 3, 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, Planning Director Suzanne Cotellessa; Building Inspector Mike Goodwin; Police Chief Dale Hamilton; Fire Chief John Brock; Attorney John Leidy; and Deputy Town Clerk Lori Kopec.
ABSENT: Town Attorney Donald I. McRee, Jr.
Mayor Schwarz called the meeting to order at 7:00 p.m. Mayor Schwarz recognized Sarah, stepdaughter of Town Manager Chris Layton, to lead 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.
George Keefe of the Duck Community and Business Alliance was recognized to speak. Mr. Keefe wished to clarify a statement in a letter that he had sent to Mayor Schwarz and the Council. He went on to read the corrected statement from the letter.
Marilyn March of 103 Mallard Drive was recognized to speak. Ms. March complimented Town Manager Layton and his staff on how great the Town is looking. Town Manager Layton stated that the Duck Trail Committee should also be complimented.
Allan Starr of 106 Gannett Cove was recognized to speak. Mr. Starr asked for a status on the water problem at the Tuckahoe subdivision. Mayor Schwarz stated it would be discussed later in the meeting.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated he has been a citizen of Duck for the past 20 years and was angry after reading the newspaper and seeing how the Duck referendum vote was denied. He stated he was shocked that it was voted down. He thanked Council for the work they have done with the Town. He stated that it amazed him that 180 people had voted against compensation, yet the same few people show up for the Council meetings and hardly anyone shows up for the Planning Board meetings. He felt it was the same group of people, with a few extras, that did not want the Town to incorporate back in 2002 that had voted the referendum down. He stated he is still willing to volunteer his time and does not need to be compensated for it and would willingly stop accepting the checks he receives from the Town. He stated he truly appreciates what the Council has done.
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 October 6, 2004 regular meeting and the October 20, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the October 6, 2004 meeting for changes. Councilor Morrison had one minor change to the minutes.
Mayor Pro Tempore Beres moved to approve the October 6, 2004 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the October 20, 2004 meeting for changes. Mayor Pro Tempore Beres had one minor change to the minutes.
Councilor Caviness moved to approve the October 20, 2004 minutes as amended.
Motion carried 5-0.
PUBLIC HEARINGS
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-22, AN ORDINANCE REVISING ARTICLE II AND ADDING A NEW SECTION, ARTICLE IV, TO THE TOWN OF DUCK ZONING ORDINANCE
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated that Council held a public hearing at the October 6, 2004 meeting on the amendment. The amendment revises the intent section and permitted uses in Town zoning districts, amends the maximum building size standards permitted by-right and with a conditional use permit, addresses residential yard lighting, and provides for vegetated buffer screening requirements. At the October 6, 2004 meeting, Council remanded the ordinance back to the Planning Board to consider regulations regarding treatment of existing single-family dwellings in commercial districts. The Planning Board revisited the ordinance, recommended the ordinance a second time with the addition of a final paragraph that amends the nonconforming section to add a section that permits the continuation, alteration, repair and reconstruction of single-family houses that are existing in the commercial districts. She stated the ordinance has been approved at the Planning Board level.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Mayor Schwarz pointed out that commercial districts are very limited and the Town has specifically kept the commercial district very small. He stated that by passing the ordinance, it encourages the single-family residences that are in commercial districts to stay there, defeating the purpose of the commercial district. He felt that Council needs to consider if they really want to make the single-family residences as residences. He felt they should be moved out of the commercial district and rezoned to residential. He stated it didn’t make sense to continue a problem. He felt the remedy would be to rezone the lots to residential. He stated the ordinance would perpetuate an issue that should not be in the commercial district.
Councilor Thibodeau stated that a lot of the residences in the commercial district have been in existence for a long period of time and that the people that live in the commercial area are there by no fault of their own. She stated they could benefit from being in the commercial district if they decide to sell their property. She felt that if it is rezoned to residential, it would lower their property value. She felt the ordinance would protect those that have been in that district for quite some time and is not harming anything.
Councilor Caviness agreed with Councilor Thibodeau’s comments. She stated she is in favor of the ordinance as it stands.
Councilor Thibodeau moved to adopt Ordinance 04-22, an Ordinance Amending Article II and Article IV of the Zoning Ordinance of the Town of Duck.
Motion adopted 4-1 with Mayor Schwarz dissenting.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-24, AN ORDINANCE REGARDING SEXUALLY ORIENTED BUSINESSES
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the ordinance was presented at the Council’s October 20, 2004 mid-month meeting. She stated a few wording changes were recommended by the Council and language was added that was recommended by the Town Attorney. She stated the effect of the ordinance was to make a series of findings regarding demographics and other issues as laid out in the ordinance with the end result being to prohibit sexually oriented businesses within the Town of Duck. She stated the moratorium on sexually oriented businesses expired as of November 3, 2004 and therefore some action needs to be taken.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Caviness offered language for Item 11 to state the following; “The frequenting of sexually oriented businesses may facilitate high risk sexual behaviors which increase one’s risk of transmitting or contracting a sexually transmissible infection.” She suggested adding the language or not having any language on it at all.
Councilor Morrison stated he did not have a problem with the language. Councilor Thibodeau agreed.
Councilor Caviness moved to adopt Ordinance 04-24, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, with language that corrects Item 11 as presented.
Motion adopted 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
UPDATE ON THE BUILD THE BRIDGE COMMITTEE
Mayor Schwarz stated that he had received a letter from Governor Mike Easley and a copy was put in each Council member’s packet. He went on to review the letter for the audience. He asked John Wander to give an update on the Build the Bridge Committee.
John Wander was recognized to speak. Mr. Wander stated the financial study has been completed and he distributed copies to Council. He stated the Committee has requested a meeting with the governor to give him a copy of the report and should be able to meet with him or his assistant in the near future. Mr. Wander went on to give an overview of the financial study to Council and the audience. At the end of his presentation, Mr. Wander stated that he would like Council to consider contributing funds to a study.
Allan Starr was recognized to speak. Mr. Starr stated the Committee has a draft application prepared for study grant monies. He stated the concept would be to have financial participants be co-applicants. He stated the applicants would be the Build the Bridge organization, Duck Community and Business Alliance, Duck Civic Association, Town of Southern Shores, Town of Duck, and Currituck Chamber of Commerce. He stated the Committee is recommending the funds be channeled through NCDOT but the funds for the specific project be directed, supervised, and controlled by an advisory board that would consist of the six entities. The advisory board would set specific timetables for the completion of the project and report back to the state and federal authorities. Mr. Wander stated that two to three million dollars would be asked for in the grant application.
Mayor Pro Tempore Beres asked what the timing would be for the commitment. Mr. Wander stated it would take approximately six months to go through the process. Mr. Starr stated it could be a one month project and the Committee needs to move right away.
Councilor Thibodeau asked how the study money would tie into the idea of a bridge. Mr. Wander stated the study would be for the purpose of doing a financial feasibility study of a public/private mid-Currituck sound bridge.
Mayor Pro Tempore Beres asked if the Committee is taking it upon themselves to develop the language they want included in the appropriations bill. Mr. Wander stated he was correct.
Mayor Schwarz asked if the Committee would be coming back to Council for financing if everything goes as planned. Mr. Wander stated that on November 10, 2004, the Board would entertain it and officially approve it as a project and then they would come to Council. Mr. Starr stated he would like a sense from the Town as to whether they would be willing to be a co-applicant and contributor as the request has to be submitted with who is contributing the funds. He asked Council to consider it and let the Committee know as soon as possible.
Mayor Schwarz asked why the Southern Shores Civic Association was not included. Mr. Wander stated they will be approached as well as some private Currituck business people that may want to contribute.
Mayor Schwarz asked if there is a level of financial contribution from the silent partners. Mr. Starr stated the Committee is looking for equal participation. Mr. Wander stated that one individual had suggested that the Committee look into businesses helping out.
Town Manager Layton asked if the Committee was looking for five thousand dollars as a baseline from each entity. Mr. Wander and Mr. Starr stated he was correct.
Mayor Pro Tempore Beres asked if it would be impractical to ask Dare County to be a contributor. Mr. Wander felt it would be a good idea to talk to Dare County. He felt that Currituck may not want to help out.
Councilor Caviness asked if the Outer Banks Chamber of Commerce could be approached. Mr. Wander stated it is a possibility. He stated the problem is that the timing is very tight.
Mayor Schwarz stated that he is troubled by the fact that the County is not a part of this project.
Mayor Schwarz thanked John Wander and Allan Starr for their time.
DISCUSSION OF COMMERCIAL DEVELOPMENT REGULATIONS AND INCENTIVES
Mayor Schwarz asked Planning Director Cotellessa to review. Planning Director Cotellessa stated that Council had in their packets a package that offers a cafeteria plan for dealing with some of the hard issues of the Town. The first part is a series of potential regulatory standards for commercial development, which would be in addition to the ordinance that was just passed. The second part is a community awards program or appearance awards for the business communities. The third part would be a monetary incentive program for both businesses and community associations to make improvements to their properties. Planning Director Cotellessa went on to review the three items with Council and the audience.
Mayor Pro Tempore Beres stated he liked the approach and particularly liked the incentives part. He commended Planning Director Cotellessa for her work.
Planning Director Cotellessa asked Council to get comments to her by the end of the week so they could be carried to the Planning Board at their November 12, 2004 meeting.
Mayor Schwarz asked Planning Director Cotellessa to highlight any changes that the Planning Board makes.
Councilor Caviness asked if this ordinance applies to all commercial areas. Planning Director Cotellessa stated she was correct.
Planning Director Cotellessa asked Council if they wished to assign a specific committee to the community appearance awards program or should it be remanded to an existing organization. She asked for a sense of whether Council wanted to do commercial and neighborhoods for the village improvement program.
It was consensus of Council to include both commercial and residential in the village improvement program.
Mayor Schwarz asked if Council wished to appoint a committee for the community appearance awards program or if the Duck Civic Association should head it up. Mayor Pro Tempore Beres stated he preferred to use an existing organization. Mayor Schwarz felt it would be wise to appoint a committee.
It was consensus of Council to appoint a committee of five individuals for the community appearance awards program.
Councilor Morrison moved to forward draft Ordinance 04-25 to the Planning Board for their review.
Motion carried 5-0.
Town Manager Layton stated that Council could have a mid-month meeting on November 17, 2004 to bring the recommendations from the Planning Board forward rather than doing it all at the December 1, 2004 regular meeting.
Mayor Schwarz pointed out that if the ordinance goes to the Planning Board and there aren’t major changes, there wouldn’t be a need to review the ordinance again.
Councilor Thibodeau felt a mid-month meeting was necessary.
It was consensus of Council to hold a mid-month meeting on Wednesday, November 17, 2004.
DISCUSSION OF LETTER FROM THE DEPARTMENT OF THE ARMY REGARDING THE TOWN’S REQUEST FOR LAND AT THE U.S. ARMY CORPS OF ENGINEERS SITE
Mayor Schwarz stated that the Town had received a letter from the Corps of Engineers declining the Town’s second request for space on their property. He asked Council if the issue should be pursued further.
Councilor Thibodeau asked if the Corps would allow expansion on the fire department property. Mayor Schwarz stated that the lease for the fire department is not held with the Town but held with the fire department.
Town Manager Layton stated the Town has approached the Corps of Engineers twice, once with the local Vicksburg agency requesting land for a Town Hall and were told no because of concerns over drawing additional people to the site and the presence of ordnance. The Town appealed the decision to the secretary of the Army and received the same letter back. He stated the Town made the best case they could. He stated that even if the Town could get the fire department to agree to let the Town offices be moved to the fire department, he felt the Corps would reject it because they do not wish to have additional people there.
Councilor Thibodeau asked if it would be feasible or advisable to ask the Corp if the Town could expand the fire department by an office or two. Mayor Schwarz stated that any expansion of the current facilities would have to be initiated by the fire department. He stated that it was very hard for the fire department to receive approval to have the police housed there.
NEW BUSINESS
RECOMMENDATIONS FOR APPOINTMENTS TO THE DARE COUNTY TOURISM BOARD
Mayor Schwarz stated that a member is appointed every two years and the Town has been requested to submit two names. He stated that Councilor Morrison is the current representative and he may be recommended for nomination again.
Mayor Pro Tempore Beres asked Councilor Morrison how his experience has been. Councilor Morrison stated that one can only serve two consecutive two year terms. He stated that if Council wishes, he is eligible to serve one more two year term. He stated that most of the members of the Board take a leadership role in their second term.
Mayor Pro Tempore Beres moved to nominate Councilor Morrison for a second two year term with the Dare County Tourism Board. Councilor Morrison nominated Mayor Schwarz as the second person for the Board.
Motion carried 5-0.
Planning Director Cotellessa stated the Planning Board has been very busy and are coming down to the end of the zoning text amendment. The ordinance is scheduled for public hearing on December 1, 2004. She went on to review the draft ordinance with Council and the audience. Article VI modifies the standards for residential construction based on lot size to include wetlands in lot size standards for number of bedrooms permitted, affirms requirements for current surveys as part of the submission requirements for building and land disturbance permits, and clarifies that regulations regarding dish antennas are for dish antennas greater than one meter in diameter.
Planning Director Cotellessa stated the second draft ordinance is scheduled for public hearing as well on December 1, 2004. She went on to review the draft ordinance with Council and the audience. Article VII provides for the establishment of procedures for revocation of conditional use permits, procedures for approval of builder showcases and model homes as temporary uses subject to a conditional use permit, regulations regarding civil penalty citations for zoning ordinance violations, and hearing notice requirements for zoning amendments that are consistent with state regulations.
Draft Ordinance Related to Vertical Additions to Nonconforming Properties
Planning Director Cotellessa stated the third draft ordinance is scheduled for public hearing on December 1, 2004. She went on to review the draft ordinance with Council and the audience. She stated the ordinance relates to vertical additions to nonconforming properties.
Mayor Schwarz asked if the plan was to have four public hearings at the December 1, 2004 meeting. Town Manager Layton stated he was correct. Mayor Schwarz urged Council that if they had questions, to ask Planning Director Cotellessa or Town Manager Layton before the meeting.
DISCUSSION/CONSIDERATION OF A JOINT CONTRACT WITH THE TOWN OF KITTY HAWK FOR INFORMATION TECHNOLOGY SERVICES
Town Manager Layton stated that during the budget discussions, it was suggested that the Town go in for a joint position with the Town of Kitty Hawk and the Town of Southern Shores for information technology services; however the Town of Southern Shores bowed out. The Town had set aside $35,000 for the services. After lengthy discussions with the Town Manager of Kitty Hawk, it was determined that the cost could not be justified for just the two towns. The two Towns sent out a request for proposal for IT services and received bids from Geeks on Call, Parker-Lowe Associates, Carolina Computers & Communications, and Practical Computing. After interviewing the potential companies, it was determined that Carolina Computers & Communications best met the needs of the two towns. He stated the cost would be $1,650 as a start up (review and update of the computers) with additional time set aside each week to deal with any issues that come up. The cost for the weekly visits would be $225 per week or $11,700 per year, which could roll over. He stated there would be a monthly charge to cover additional services of $300 per month. He stated the total service would cost $16,950. He asked Council for permission to enter into a contract for the services for a one year period with two additional one year options.
Mayor Pro Tempore Beres asked what would happen if the Town exceeds the time allowed. Town Manager Layton stated he would work it out on a separate basis.
Councilor Thibodeau asked who the Town has been using for technical assistance since Don Dillin left. Town Manager Layton stated that the Town has been using Geeks on Call. He stated the prices per hour for Geeks on Call were higher than what Carolina Computers & Communications would charge.
Mayor Pro Tempore Beres moved to authorize the Town Manager to enter into a contract with Carolina Computers & Communications for information technology services.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF THE SUBMISSION OF AN NCDOT BICYCLE AND PEDESTRIAN PLANNING GRANT
Town Manager Layton stated the grant for funding for a feasibility study of a sound side boardwalk has been denied. Subsequently, the Town has met with Marc Basnight and spoke to him regarding the prospect of getting funding. He had suggested the Town adopt a resolution requesting funding, which was done previously. As a result of those meetings, the Town received calls and emails from the groups that evaluate the grant encouraging the Town to reapply, but wanted the scope expanded to include safety issues on the Duck Trail. Town Manager Layton asked Council to adopt the resolution that supports the application and commits the Town to fund 20%.
Councilor Thibodeau moved to adopt Resolution 04-20, requesting State Assistance in Funding a Grant to Study Pedestrian Plan within the Village Commercial Area of the Town.
Motion adopted 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Attorney John Leidy was recognized to speak. He stated he did not have anything to report and that Town Attorney Ike McRee did not have anything to report as well.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
Town Manager Layton stated that the department heads would be giving a presentation on their activities to Council and the audience.
Building Inspector Mike Goodwin was recognized to speak. Building Inspector Goodwin gave an overview of the permits received to date, comparing the number and type of permits issued in 2003 and 2004 as well as the workshops he has held for contractors.
Town Manager Layton pointed out that Building Inspector Goodwin has been working for the Town of Kitty Hawk on Fridays to help them out. He stated that he was approached by the Town Manager of Kitty Hawk, asking if a mutual aid agreement could be drawn up. He stated he had agreed and that Building Inspector Goodwin was chosen specifically because of his consistency and fairness in the field.
Fire Chief John Brock was recognized to speak. Fire Chief Brock gave an overview on the activities of the fire department to Council and the audience, comparing the mutual aid calls from 2003 and 2004.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton gave an overview on the activities of the police department to Council and the audience. He stated there is a 39% decrease in traffic accidents and a 33% decrease in accident related injuries from 2003.
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa gave an overview on house moving and house demolitions and other permits issued.
Mayor Schwarz thanked all of the department heads for their time.
Update on the Outer Banks Hydrology Management Committee
Town Manager Layton stated that the Outer Banks Hydrology Management Committee has met and there are four more meetings before the North Carolina General Assembly convenes. He stated the Committee is hoping to have a set of recommendations to submit to the Assembly, such as more studies on certain issues or looking for additional authority to do certain things. He stated they haven’t gotten to the point where they know what the recommendations will be. He stated that eventually a report will come out detailing the issues and problems, a list of findings, potential solutions, how the solutions would be implemented and by whom, water quality and water quantity. He stated that by January 24, 2005, the Committee will have recommendations to go forward and that he will keep Council apprised.
Town Manager Layton stated that he had received a letter from Jeff Shields of the Tuckahoe Property Owners Association regarding the Town’s offer of a short-term piping solution. He stated that Mr. Shields wrote that while they appreciated everything the Town has done, they have declined the short-term solution. He stated he will be meeting with NCDOT and the Tuckahoe Property Owners Association on Monday, November 8, 2004 to discuss short-term drainage solutions while the Town works with the Town of Southern Shores and NCDOT on the NC 12 corridor study.
Consideration of Budget Amendments
Town Manager Layton stated that he is requesting approval to transfer $20,800 from the contingency fund to cover costs associated with the extension of the ocean rescue contract, the rental of water pumps for Tuckahoe and NC 12 and the purchase of two water pumps.
Mayor Pro Tempore Beres moved to approve the budget amendments.
Motion approved 5-0.
Financial Statement for the Month of October 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. He noted that real estate transfer tax and occupancy tax have exceeded anticipated revenues.
Town Manager Layton stated that the Town had contacted the company that does the fireworks display for the Town of Kill Devil Hills to get a proposal for a possible display in the Town of Duck. He stated the proposal gave a cost estimate of $15,000 - $18,000 and that it could be done on the beach. He asked Council if this was something they wished to pursue at a future meeting.
Mayor Schwarz stated he had met a gentleman who has a barge who is interested in providing it for the fireworks display.
Councilor Thibodeau asked if the proposal spelled out where the fireworks display would be held. Town Manager Layton stated that the fireworks company is familiar with the area and would rope off an area of the beach for the display. He stated he felt the beach was a better option due to the park not being available on July 4, 2005.
It was consensus of Council to pursue the issue at their December 1, 2004 meeting.
MAYOR’S AGENDA
Mayor Schwarz thanked Ron Forlano on his comments earlier in the meeting.
Mayor Schwarz asked if Council wanted to pursue the proposal that John Wander and Allan Starr had presented in regard to Build the Bridge. He recommended that since Council will have a mid-month meeting, they should be told if the Town wishes to go forward.
It was consensus of Council to join the effort. Details will be finalized at the November 17, 2004 mid-month meeting.
COUNCIL MEMBERS’ AGENDA
Councilor Thibodeau stated that she is a member of the Duck Community and Business Alliance and had attended their annual meeting. She stated that the DCBA are behind the Build the Bridge effort and have also reaffirmed their opposition to a Town Hall on the property.
Mayor Pro Tempore Beres stated he had nothing to report.
Councilor Morrison thanked Ron Forlano for his comments earlier in the meeting.
Councilor Caviness stated that the Fall newsletter will be going out in a few weeks.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, November 17, 2004 at 1:00 p.m.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 9:20 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/Gene Schwarz, Mayor