TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
December 1, 2004
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, December 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, Planning Director Suzanne Cotellessa; Police Chief Dale Hamilton; Town Attorney Donald I. McRee, Jr.; and Deputy Town Clerk Lori Kopec.
ABSENT: None.
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
Town Manager Layton was recognized to speak. Town Manager Layton introduced Beth Garino to Council and the audience. He stated that Ms. Garino is the new Administrative Assistant for Public Safety – police and fire. He stated he is very happy to have her working for the Town and that she is excited to be here.
Mayor Schwarz opened the floor for public comments. He asked that all comments in regard to the Public Hearings be held off.
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 November 3, 2004 regular meeting and the November 17, 2004 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the November 3, 2004 meeting for changes.
Mayor Pro Tempore Beres moved to approve the November 3, 2004 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the November 17, 2004 meeting for changes. It was consensus of Council to table the minutes until the January 5, 2005 meeting due to Council receiving the minutes at the last minute.
Town Manager Layton apologized for keeping Deputy Town Clerk Kopec so busy.
PUBLIC HEARINGS
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-25, AN ORDINANCE AMENDING ARTICLE IV OFF THE TOWN OF DUCK ZONING ORDINANCE TO ADD SECTION 42.2, COMMERCIAL DESIGN AND DEVELOPMENT STANDARDS
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated that this ordinance had been discussed in great detail at previous Council meetings. She stated the public hearing is to install a set of commercial design and development standards that can be used in the review of by-right developments, and by the Council and Planning Board in the review of developments that come in under conditional use permits, village commercial development option and group developments. The amendment establishes a series of minimum standards and has been through a few Planning Board hearings. It provides the standards for site plans, submission of minor level plans of development to make changes to properties and which standards must be applied.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Caviness moved to adopt Ordinance 04-25, an Ordinance Amending Article IV of the Zoning Ordinance of the Town of Duck to add Section 42.2, Commercial Design and Development Standards.
Motion adopted 5-0.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-26, AN ORDINANCE AMENDING ARTICLE VII OF THE TOWN OF DUCK ZONING ORDINANCE RELATED TO ADMINISTRATION AND ENFORCEMENT
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the changes to this ordinance involved establishing appropriate procedures for revoking conditional use permits, new regulations for approving builder showcase homes as a conditional use and included new regulations identifying what type of civil penalties will be used for zoning violations that are consistent with State regulations.
Mayor Schwarz asked for comments. Gian Hasbrock of BD&A was recognized to speak. Mr. Hasbrock stated that BD&A would be positively affected by Council’s adoption of the ordinance. He emphasized that he had worked very closely with Planning Director Cotellessa to ensure that the Planning Board’s intents have been met and that he is prepared to be the first to apply for the conditional use permit. He stated that the BD&A showcase home will not be used as a real estate office but as an opportunity for people to become acquainted with cutting edge design for home building.
Mayor Schwarz asked for other comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Morrison had one typographical change to page 4, Section 55 (a).
Councilor Thibodeau stated she was happy to hear comments from the public that the Planning Board’s work is being well received by those directly affected by the ordinance.
Councilor Thibodeau moved to adopt Ordinance 04-26, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, Amending Article VII, Administration and Enforcement.
Motion adopted 5-0.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-27, AN ORDINANCE AMENDING THE TOWN OF DUCK ZONING ORDINANCE REGARDING VERTICAL ADDITIONS TO EXISTING NONCONFORMING STRUCTURES
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the purpose of the ordinance is to allow people to improve existing small structures that were built prior to the current standards to extend the building vertically rather than horizontally. She stated the homeowner could add a floor over an existing floor and a deck over an existing deck.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-27, an Ordinance Amending the Town of Duck Zoning Ordinance regarding Vertical Additions to Existing Nonconforming Structures.
Motion adopted 5-0.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-28, AN ORDINANCE AMENDING ORDINANCE 04-20 RELATED TO THE IMPOSITION OF A MORATORIUM ON THE PLACEMENT OF FILL MATERIAL IN EXCESS OF TWO FEET WITHIN TEN FEET OF ANY LOT LINE ON VACANT AND IMPROVED PARCELS OF LAND IN THE TOWN OF DUCK
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated the ordinance would extend the existing moratorium on the placement of fill through February 17, 2005 to allow staff to look at regulations that are taking place in various jurisdictions and what the effect would be in achieving the Town’s goals with respect to stormwater, height, etc. She stated that at the request of the Homebuilder’s Association, a categorical exemption was added to the ordinance to allow lot fill to a level which is equal to or less than the lowest adjacent lot. She stated there was also a hardship exemption added.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Thibodeau asked if a homeowner is looking for a special exemption, what the procedure would be. Planning Director Cotellessa stated the homeowner would need to bring a plat, show the elevation of the lot, have sufficient drawings to show Council indicating the amount of fill and why and what affect it will have on the adjacent property owners with respect to stormwater runoff.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-28, an Ordinance amending Ordinance 04-20 related to the Imposition of a Moratorium on the Placement of Fill Material in Excess of Two Feet within Ten Feet of any Lot Line on Vacant and Improved Parcels of Land in the Town of Duck.
Motion adopted 5-0.
PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ORDINANCE 04-29, AN ORDINANCE AMENDING ARTICLE VI OF THE TOWN OF DUCK ZONING ORDINANCE RELATED TO MISCELLANEOUS REGULATIONS
Mayor Schwarz directed Planning Director Cotellessa to review the ordinance. Planning Director Cotellessa stated that this ordinance is the last of the comprehensive zoning ordinance review that the Planning Board has undertaken. She stated the this ordinance includes wetlands and lot size standards for numbers of bedrooms permitted; clarifies regulations regarding dish antennas that are greater than one meter in diameter; affirms the requirements for a current survey and what is required to be submitted for land disturbance permits and building permits; makes some changes with respect to changes for standards for lighting and provides that access to properties abutting NC 12 and any other public right-of-way or private street in a community of which the lot is a part shall not use NC 12 for lot access.
Mayor Schwarz asked for comments. There being none, he closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Morrison asked if Section 46 (c) (7) means that Sunset Grille and Roadside Café would have to remove their structure outlining if the ordinance is approved. Planning Director Cotellessa stated he was correct. She stated they would have until May 7, 2006 to remove the lighting. She pointed out that there has always been the prohibition of structure outlining in the ordinance and that this is not new to the ordinance. It has not been enforced previously. Councilor Morrison stated that the Planning Board had unanimously approved the ordinance and wanted Council to be aware that this prohibition.
Councilor Thibodeau asked how light measurements are taken. Planning Director Cotellessa went on to explain how light measurements are taken with a light meter and other methods to control the output of light.
Mayor Pro Tempore Beres stated that some people will probably be upset with regard to the enforcement of structural outlining. He stated the provision for issue of glare may be a concern to a lot of homeowners. He asked how the spotlighting would be enforced in terms of advising property owners of alternatives to flood lights. Planning Director Cotellessa suggested putting an article in the newsletter and putting on the Town’s website a list of fixtures that meet the standards.
Councilor Thibodeau suggested having the lights on motion sensors.
Mayor Pro Tempore Beres moved to adopt Ordinance 04-29, an Ordinance Amending Article VI of the Town of Duck Zoning Ordinance Related to Miscellaneous Regulations.
Motion adopted 5-0.
Mayor Schwarz and the Council thanked the Planning Board and Planning Director Cotellessa for all their hard work.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
UPDATE ON THE MUNICIPAL PROPERTY MASTER PLAN
Town Manager Layton was recognized to speak. Town Manager Layton stated that the committee has been working diligently and needed more time to receive final comments on the questionnaire. He stated the questionnaire period ended on November 24, 2004 and the results will be presented at the December 13, 2004 Municipal Property meeting. He stated the final draft concepts will be presented at that meeting. He stated that the committee expects to make a formal presentation to Council at the January 5, 2005 meeting.
Paul Keller was recognized to speak. Mr. Keller stated the committee still has to research costing and priorities for the property. He stated that these items should be ready for the January Council meeting.
Mayor Pro Tempore Beres commended Mr. Keller and the committee for their work.
UPDATE ON THE DUNE PLANTING PROJECT
Town Manager Layton stated that a week earlier, Coinjock Farms had started their work on the dune planting along the beach. He stated they have made tremendous progress and should be finished well before the first of the year. Town Manager Layton presented Council with photographs of the dune planting work.
Mayor Schwarz stated he had gone out to see the work and was amazed at the number of plantings.
Mayor Pro Tempore Beres asked if permission was obtained from all of the oceanfront property owners to plant the American Beach Grass. Town Manager Layton stated that approximately four homeowners held out. He stated the Town had a remarkable response with twelve out of three hundred not responding. He stated that of those twelve, some did not respond or did not want the planting done on their property. He stated the Town received five to six homeowners requesting reimbursement for previous beach grass planting and are following up on getting the necessary documentation for the reimbursement.Councilor Caviness asked where Coinjock Farms started the planting. Town Manager Layton stated they had started at the Southern Shores line and are working their way through Town. Councilor Caviness asked if Coinjock Farms had run into problems with improper sand fencing. Town Manager Layton stated that they have steered clear of the sand fencing issue, but have planted around sand fencing.
UPDATE ON LETTER TO NCDOT REGARDING THE CURRITUCK SOUND AREA TRANSPORTATION STUDY
Mayor Schwarz stated that the Town had written a joint letter with the Town of Southern Shores back in July to the Department of Transportation asking a number of questions. NCDOT has responded and sent a lot of information. He stated he has not had an opportunity to sit down with the mayor of Southern Shores to work out a strategy. He asked Council that after they have read the letter and information, to get any comments to him.
Town Manager Layton pointed out several areas of interest in the information packet to Council and the audience.
Councilor Caviness asked that a copy of the letter and information packet be provided to Anne Darnall of the Planning Board.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF THE TOWN OF DUCK COMMUNITY APPEARANCE AWARDS PROGRAM
Mayor Schwarz directed Planning Director Cotellessa to highlight the program. Planning Director Cotellessa stated the Community Appearance Awards Program would involve having a committee establish awards for both residential and commercial properties. Timing would need to be discussed and an awards committee would need to be selected.
Mayor Pro Tempore Beres stated he liked the concept of the program. He stated he would imagine proceeding by first finding members willing to serve on a committee and then let the committee fill in the “bare bones” in terms of what is appropriate for submission times and categories.
Planning Director Cotellessa stated the DCBA is sending out to its members a call for volunteers in the business community and civic association. She suggested also putting something on the Town’s website. She stated that at Council’s retreat, she could bring back a list of potential candidates.
Mayor Pro Tempore Beres moved to approve the Town of Duck Community Appearance Awards Program.
Motion approved 5-0.
Town Manager Layton asked if it was the desire of Council to discuss the appointments at the retreat in January or if it should be brought back in February as an agenda item. Mayor Schwarz suggested it be put on the agenda for the retreat.
Planning Director Cotellessa stated the Village Improvement Program is a local grant program which would assist the community associations and businesses and property owners with improving the aesthetic appearance of the Town and helping them to come into compliance with respect to signage, lighting regulations and landscaping. The program is a matching grant program where the Town would be required to put up money and the business owner would match it or a community association could either match it with money or volunteer hours to come in and do a project. The suggested level of financing would be a $5,000 minimum project for a business or $1,500 for residential.
Town Manager Layton stated a committee would need to be appointed for this program and could be the same committee as the community appearance committee.
Councilor Thibodeau suggested adding that a committee needs to be involved in the program process. Planning Director Cotellessa guessed that the committee would look over the various grants, with Town staff inspecting what is done to make sure it’s in conformance with the Town ordinances before any money is paid out. She pointed out that a committee is listed as being involved in the program process.
Angela Beckman was recognized to speak. Ms. Beckman asked if a business owner who is not a resident of Duck could be on the committee. Mayor Schwarz stated it would have to be decided by the Council.
Councilor Thibodeau moved to approve the Town of Duck Village Improvement Program.
Motion approved 5-0.
Mayor Schwarz suggested that this be added to the retreat agenda as well.
Mayor Pro Tempore Beres stated he would like input on funding for budget reasons.
Town Manager Layton stated there have been numerous discussions regarding having a fireworks display in Duck. He stated the Town is now at a point where there is a financial ability to put on a display. He stated the Town had contacted Zambelli Fireworks who has worked with other towns in the area. He stated that Zambelli’s had sent a proposal to the Town for a moderate display along with a contract if Council wishes to go forward. He stated that if Council approves, staff would meet with a local representative of Zambelli’s to scout out suitable locations. The preference would be to have the display on the beach as opposed to the sound because the beach is a natural gathering place and would be an appropriate place to rope off an area for the fireworks. He stated that staff will be looking for a location where Zambelli’s can park a truck and walk the materials to the beach. He stated that the Town will probably need to work with homeowners’ associations to get permission to use their walkovers. He stated the site for the fireworks would be one that can be seen by virtually everyone in Duck.
Councilor Morrison asked if a postponement date was shown on the proposed contract. Town Manager Layton stated it was not shown. Councilor Morrison asked what would happen if the weather was bad on the night of the 4th of July. Town Manager Layton stated the postponement date would probably be worked out to be on the 5th but that he hasn’t gotten to that point yet. Councilor Morrison pointed out that if the program is canceled the Town would have to pay an additional charge to cover the cancellation of 50%. He asked if the Town had to cancel the display, would the Town have to pay $9,000. Town Manager Layton stated that when the Town signs the contract, it would have to pay 50% of the total cost and if the Town cancels the display and could not come up with a postponement date, Zambelli’s would keep that money.
Councilor Thibodeau asked Town Manager Layton to elaborate on the paragraph in the cover letter that suggests the Town look into using low and intermediate level materials as well as larger shells. Town Manager Layton stated he couldn’t elaborate until he looks at the site with Zambelli’s. He stated he envisions having the display in a location where people could sit on their porches and watch the fireworks.
Councilor Thibodeau stated she is thrilled to know there will be a fireworks display on the beach.
Mayor Schwarz stated that the contract would not be signed until a suitable location is found. He stated it may be a problem and was concerned about it. Town Manager Layton stated that Zambelli’s has indicated that there would not be a problem because they are familiar with the area and can find a suitable location on the beach. He stated that Zambelli’s has a local representative who will meet with staff once the Town is ready to move ahead.
Mayor Schwarz stated that he is concerned with dealing with the homeowners’ associations and the additional parking that may be required. He stated the Town needs to be clear on how the display will work before the contract is signed. Town Manager Layton stated the additional parking would be the truck holding the fireworks. There would not be any other additional parking as the advertisement for the display will not list the exact location of the fireworks.
Mayor Pro Tempore Beres asked if Town Manager Layton was envisioning people going to their local walkovers to see the fireworks. Town Manager Layton stated he was correct.
Councilor Morrison stated that it should not be advertised where the location of the fireworks would be fired from. Town Manager Layton agreed.
Councilor Caviness asked if the Town will be responsible for the clean up, set up and construction of the grid. Town Manager Layton stated the Town would be responsible for some of it. He stated the clean up would entail picking up the exploded debris.
Town Attorney McRee pointed out that the contract also makes the Town responsible for cleaning up any unexploded shells. He asked if the Town would want to get involved in that part.
Councilor Caviness asked what the storage fees would be. Town Manager Layton stated there will not be any storage fees.
Councilor Morrison moved to authorize the Town Manager to enter into a contract with Zambelli Fireworks for a July 4, 2005 fireworks display.
Motion carried 4-1 with Councilor Caviness dissenting.
Town Manager Layton stated he would discuss the contract issues with Town Attorney McRee.
Councilor Thibodeau asked that Council be kept apprised of decisions on the display as the Town moves forward.
DISCUSSION/CONSIDERATION OF PARTIALLY FUNDING THE LOCAL MATCH OF AN NCDOT GRANT TO BE MANAGED BY THE OUTER BANKS TRANSPORTATION TASK FORCE
Kevin Schwartz of the Outer Banks Transportation Task Force was recognized to speak. Mr. Schwartz stated the request is for partially funding a study that the OBTTF and NC State would be doing to test non-construction methods of relieving traffic congestion in season. He stated the total cost is $73,000 with NCDOT coming up with 90% and the other eight governments would be responsible for the other 10%, which would be $912.50. He stated that he was sure that the other towns have approved the match.
Councilor Thibodeau felt it was money well spent.
Councilor Thibodeau moved to approve the funding of $912.50 for the Outer Banks Transportation Task Force project
Motion approved 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike 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 Departmental Activities
Town Manager Layton stated that he had the department heads prepare reports before the meeting on their activities. He went on to hand out the police department activity report to Council.
Police Chief Dale Hamilton was recognized to speak. Chief Hamilton reviewed the report with Council and the audience.
Town Manager Layton handed out the permit activity report to Council. He went on to review the report with Council and the audience.
Town Manager Layton handed out the fire department activity report to Council. He went on to review the report with Council and the audience.
Update on the Outer Banks Hydrology Management Committee
Town Manager Layton stated that the Outer Banks Hydrology Management Committee is continuing to meet and are discussing many things. He stated the committee is still in the information gathering phase. He stated that around the new year, the committee will be sitting down and going over the initial ideas they have come up with and will be refining them into specific tasks. He stated there may be a request to obtain money from the General Assembly to facilitate with a consultant to work on the long-term strategies.
Consideration of Budget Amendments
Town Manager Layton stated that he is requesting approval to transfer $15,915 from the contingency fund to cover costs associated with the donation to the Build the Bridge Committee to cover a portion of the costs of a lobbyist, the initial cost for the July 4th fireworks display and the matching grants for the local match of the ITRE grant.
Mayor Pro Tempore Beres moved to approve the budget amendments.
Motion approved 5-0.
Financial Statement for the Month of November 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 reminded Council of the January 19, 2005 retreat. He stated that staff is trying to compile all of the items for discussion. He encouraged Council to get information to staff as soon as possible.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness thanked Town Manager Layton, Planning Director Cotellessa, Police Chief Hamilton and Fire Chief John Brock for their help with the Advice 5 Cents Turkey Trot over the Thanksgiving holiday. She stated the northbound lane of NC 12 was used for the first time in nine years and it really added to the race. She stated that $4,700 was raised for the Community Care Clinic of Dare.
Councilor Morrison stated he had nothing to report.
Mayor Pro Tempore Beres thanked the Planning Board and Planning Director Cotellessa for all of their hard work.
Councilor Thibodeau echoed Mayor Pro Tempore Beres’ comments. She stated there was a Duck Civic Association meeting on November 26, 2004 that she was unable to attend but was hoping to get some information regarding the meeting.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, January 5, 2005 at 7:00 p.m. He wished everyone a happy holiday.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 8:10 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor