TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
January 5, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, January 5, 2005.
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.; Planning Board Chairman Ron Forlano; 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, asking the audience to remember the victims of the Tsunami.
Mayor Schwarz asked Police Chief Dale Hamilton to introduce the Town of Duck’s newest police officer.
Police Chief Dale Hamilton was recognized to speak. He stated that the Town of Duck Police Department recently hired a new police officer – Dwayne Drummond. However, Officer Drummond was called away on an emergency and could not attend the Council meeting. Police Chief Hamilton gave a short background on Officer Drummond to the Council and audience.
Police Chief Hamilton then presented Officer Gerard Couture with a certificate of merit for his contributions in reducing traffic related hazards over the past year in the Town of Duck. Officer Couture thanked Chief Hamilton.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments in regard to the Public Hearing be held off.
Marilyn March of 103 Mallard Drive was recognized to speak. Ms. March commended Mayor Schwarz for his letter in the local newspaper and was sorry that he had received a bad review. She stated she does not consider Mayor Schwarz to be a “blind duck” but a “wide open duck”. She thanked Mayor Schwarz for his comments.
Tom Blocher of 150 Duck Woods Drive, Southern Shores, was recognized to speak. Mr. Blocher stated he had spoken to the Duck Police Department regarding his real estate signs being stolen from Duck Road. He stated that both he and the police chief have been keeping tabs to see who is stealing the signs. He stated he is trying to figure out how to prevent further signs from being stolen.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated that there is a house on Sea Hawk Drive that has been under construction for the past two years and during the summer, a pool was installed close to the beach walkway and filled with water. The pool does not have any protection around it. He stated that Planning Director Cotellessa had spoken to the homeowners regarding the hazard but nothing was done due to the ordinance stating that while construction is ongoing, protection is not needed for pools. He asked Council to move towards filling in this safety gap as soon as possible before someone gets hurt.
Dominick Trimarchi of 132 Four Seasons Lane was recognized to speak. Mr. Trimarchi asked if he would have a chance to discuss his request later in the meeting. Mayor Schwarz stated he would.
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 November 17, 2004 mid-month meeting and the December 1, 2004 regular meeting. Mayor Schwarz directed Council to review the minutes from the November 17, 2004 meeting for changes.
Councilor Morrison moved to approve the November 17, 2004 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the December 1, 2004 meeting for changes.
Councilor Morrison moved to approve the December 1, 2004 minutes as presented.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF REQUESTS FOR EXCEPTIONS TO THE FILL MORATORIUM AS PROVIDED FOR IN ORDINANCE 04-28
Trimarchi, 132 Four Seasons Lane
Dominick Trimarchi was recognized to speak. Mr. Trimarchi thanked Planning Director Cotellessa for her time. He stated he has a unique problem with his property. He gave a short background on his property to Council and the audience regarding the flooding at his property.
Mr. Trimarchi stated he had reviewed Planning Director Cotellessa’s comments and wanted to address her report. He stated he has spent $40,000 working with engineers to resolve the flooding problem. He stated he spent a fair amount of money on a series of pumps to push the water back into a holding tank, but it failed. He stated he then constructed a retaining wall around the property with the hope of diverting the water away from his property.
Mr. Trimarchi pointed out that Planning Director Cotellessa had comments about the drainage system and pumps on his property. He stated they have not worked. He stated he is seeking an exemption and to extend the living space on the bottom floor. He stated his property has a small garage and he would like to convert it to a larger recreational room. He stated he will not be changing the footprint of the house by enclosing the garage.
Mr. Trimarchi pointed out that Planning Director Cotellessa stated that the ground level living space could be removed. He stated that there are 122 homes in Four Seasons and felt it unfair that their home should have their ground level living space removed. He felt it didn’t make sense to him and that by removing the ground level living area, it would make the home unlivable for him and his family.
Mr. Trimarchi stated that his home would have no impact on any adjacent properties in Four Seasons and that the home adjacent to his is six feet above his. He stated that while Planning Director Cotellessa’s points are good and valid, there should not be much of an impact if he is to raise his home four feet. He stated that he cannot wait for the moratorium to end because things will not get better for him. He stated he will be spending $200,000 to lift the house and has someone that can lift the house on January 15, 2005. He stated getting someone to do this work is a very big challenge for him.
Mr. Trimarchi stated he only wishes to be treated equally as other citizens of Duck.
Mayor Schwarz asked Council for comments or questions.
Councilor Caviness asked Mr. Trimarchi if the drains and pumps he had installed had not ever worked to take care of the flooding problems. Mr. Trimarchi stated they will only take care of light rains and not heavy downpours. He stated he does not use the pumps anymore. He stated if he had to install the pumps again, he would not do it.
Mayor Pro Tempore Beres asked if Mr. Trimarchi had discussed his plans with the Four Seasons Homeowners Association. Mr. Trimarchi stated that Gus Shackson, who is no longer with the Board of the Four Seasons Homeowners Association, was very supportive of his request. He stated that by going to the board at Four Seasons without getting Council’s approval first is not the right process for him to follow. He stated he did not expect to have an issue with Four Seasons if Council approves his request.
Mayor Pro Tempore Beres stated that in the Quible document it was mentioned that two feet of fill could be put in to help the problem. Mr. Trimarchi stated it could be done, but he would still have the standing water around his home. He stated that by filling it with two feet would not solve the problem if there is a heavy rain.
Councilor Thibodeau stated that she was going to raise the same question that Mayor Pro Tempore Beres had asked about the Homeowners Association. She stated that one of the issues of raising a house four feet over two feet would be the views of adjacent property owners being affected. She asked how the other property owners would be affected. Mr. Trimarchi stated the site plan provided to the Council shows the properties affected. He stated that his home sits in the front of a hill and no one’s view will be impacted by him raising his home.
Councilor Thibodeau stated that Quible’s recommendation was for Mr. Trimarchi to change his septic if he does raise his home. Mr. Trimarchi stated he had received the Health Department’s approval to raise his home four feet earlier in the day. He stated that the Health Department had approved his septic system as it is for the home to be raised four feet. He gave Planning Director Cotellessa a copy of the approval. Councilor Thibodeau asked if the Health Department had given approval of a complete removal of the existing septic system.
Skip Parsons of R.L. Parsons Construction was recognized to speak. Mr. Parsons stated the Health Department approved the septic as is, but that swales would need to be created to keep the water away from the house. He stated the septic system is on the east side of the house and the water is draining to the septic system. He stated that the Health Department approved it with a note that the remaining fill has to slope away from the house and be contoured to flow away from the main part of the drain field.
Mayor Pro Tempore Beres asked if the house has the four foot of fill installed, would it affect the footprint of the swimming pool. Mr. Trimarchi stated the four feet would not affect the footprint of the swimming pool.
Mike Robinson of Bissell Professional Group was recognized to speak. Mr. Robinson stated that the proposed contours shown on the site plan only show the immediate building pad to be raised and the fill would be extended slightly beyond the house. The side slopes are tied down at 3:1. He stated they were able to get down to natural grade completely around the property without any impacts on the adjoining properties.
Mr. Trimarchi stated that the parking space requirements on the site plan provide for adequate parking for the house.
Mr. Robinson stated that as a result of some changes in the parking configuration, he revised the site plan to show the required parking. He went on to pass out a revised site plan to Council.
Mr. Trimarchi thanked Council for their time.
Planning Director Cotellessa was directed to provide background to Council on her recommendation. Planning Director Cotellessa stated there have been periods of flooding over the past few years at Mr. Trimarchi’s property. She stated he does have a problem and needs to find a solution to the problem. She stated the staff report is based on the request for an exception to an existing moratorium. She stated that it is not expected of the Trimarchi’s to live with the problems they are experiencing but that it needs to be addressed in some way. But first, the Council stated that they need to grapple with all of the issues and make some tough decisions on how to deal with these problems. She stated that in terms of urgency in needing this exception, the staff believes it is not an urgent enough situation that requires an exemption to the moratorium and that Council should get the benefit of all the background before it grapples with what may turn out to be a unique case. She stated it is not clear to her that there is sufficient data that has been presented to Council to support the extent of the fill that forty-eight inches is the minimum necessary to accomplish what Mr. Trimarchi needs to do and will do what needs to be done.
Planning Director Cotellessa pointed out that homeowners association approval has also not been obtained for this case. She stated the Town of Duck requires homeowners’ association approval when a building permit is granted. She stated she is not aware that this was done in Mr. Trimarchi’s case. She stated that there is an outstanding concern with respect to the date of support of this request for the septic system. She stated that Quible mentioned a concern with water on top of their septic system; she had also mentioned a similar concern in her staff report. She stated that while there is a Health Department approval for the house to be raised four feet, there is a sentence in the authorization that states; “I suggest the site be graded to avoid surface runoff onto the existing septic area.” She stated that to her it shows that this is a plan that needs another look.
Planning Director Cotellessa stated that she had taken pictures back in August of a dozen properties throughout Town that had standing water on the property with standing water on some streets as well. She stated that the third week of August, there was a substantial amount of standing water on the Trimarchi’s property, but no water on the street. She stated that if there is twenty inches of water, the water should be at a ten foot level with water on the street expected. She stated the water around the wall may have been trapped. She stated that on the west side of the house, there is grading proposed beyond the ten foot setback line that concerns her.
Planning Director Cotellessa concluded that more information is needed, the homeowners’ association has to weigh in on what they believe the impact will be on adjacent properties and the Council needs to grapple with the issues on the moratorium. She stated that staff is recommending that the exception not be granted.
Councilor Caviness asked if the stone wall that surrounds the property may be holding the water in. Planning Director Cotellessa stated she does not know the answer to that but that when she took pictures, there was water on the Trimarchi’s property but none on the street. She stated it is a groundwater situation that is not from runoff but if the property is higher, the water could run into the street.
Mike Robinson was recognized to speak. Mr. Robinson stated that the property was built in a hole at the bottom of a hill. He stated the Trimarchi’s are experiencing surface to groundwater but also runoff. He stated the extreme flooding was due to the high water table, a surge of water coming down the road which equalized to the extreme elevated groundwater elevation.
Dominick Trimarchi was recognized to speak. Mr. Trimarchi stated he did not understand the issue with the homeowners association as it relates to Council’s approval of the exception. He stated that he will get the approval but could not see speaking to them if Council would not grant an approval. He stated he would get the homeowners association approval before any work is to be started. He stated he also did not understand the septic system issue, but felt that if the Health Department approved his request, it should not matter to the Town.
Mayor Pro Tempore Beres stated that he appreciates the position that the Trimarchi’s are in with the flooding and sympathizes with them. He stated he can understand that the Trimarchi’s do not want to stop at adding the two feet of fill, but felt uncomfortable as to what the four feet of fill will do to the adjacent properties and how the homeowners association feels about the issue. He stated he would propose to wait to get more information.
Councilor Morrison stated that he understood the proper sequence of events should be to first get the homeowners association approval before coming to Council. He stated that Council needs to know if the homeowners association feels there would be any negative inference on the surrounding properties. He stated he did not understand why the Trimarchi’s had not met with the homeowners association and sympathizes with their problem. He stated he would have to vote to deny the request until more information is received.
Councilor Caviness stated she echoed Mayor Pro Tempore Beres’ and Councilor Morrison’s opinions and would feel more comfortable with denying the request until more information is received.
Councilor Thibodeau stated she feels the same way and agreed with denying the request. She stated that she does not understand why Four Seasons Homeowners Association had not had an opportunity to weigh in on this matter as it impacts their community. She stated she appreciated the amount of time and input that was put into this request, but thought the homeowners association should approve the request first.
Mayor Pro Tempore Beres moved to deny the Trimarchi’s request for an exemption to the fill moratorium.
Motion carried 5-0.
McLaughlin, 106 Hatchcover Court
Skip Parsons of R.L. Parsons Construction was recognized to speak. Mr. Parsons stated that a house was built on 106 Hatchcover Court with a retaining wall due to it being on a hill. Over time, the water has run down the hill with the sand and soil ending up in an adjacent property owner’s yard. He stated he had obtained permission to build a retaining wall to hold back the sand and soil. He stated that the fill has eroded behind the wall and is asking for an exception to put that fill back in behind the wall. He stated the adjacent property owner is supporting the request.
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that the fill is a limited amount that covers the deadmen that are holding the hill up. She stated that the adjacent property owner and the Four Seasons Homeowners Association have approved the wall.
Councilor Thibodeau pointed out that with this exception there was an approval from Four Seasons Homeowners Association plus the adjoining property owner.
Councilor Thibodeau moved to approve the request for additional fill at 106 Hatchcover Court.
Motion carried 5-0.
PUBLIC HEARING/DISCUSSION/CONSIDERATION ON CUP 04-01, BD&A MODEL HOME
Mayor Schwarz stated that the Council is a quasi-judicial body and therefore certain safeguards must be in effect. He stated that the public hearing is not a debate and turned the meeting over to Town Clerk Layton.
Town Clerk Layton asked for those who were testifying to stand and be sworn in. He then proceeded to swear the people in.
Gian Hasbrock of BD&A Homes was recognized to speak. Mr. Hasbrock thanked Planning Director Cotellessa and the Planning Board for their help. He stated that with their help as well as the Council’s it is creating a pathway for BD&A and builders to showcase their products in a non-office environment for the benefit of the public to experience the dramatic advances in construction technology.
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that the request is from BD&A Homes for a conditional use permit to conduct a model home builder’s showcase at 103 Duck Ridge Village Court. She stated that the recent zoning text amendment had put in conditions by which the Council could hear and grant individual cases for a builder’s model showcase. The zoning text amendment laid out the impacts on the community and the impacts are addressed in the staff report. The Planning Board heard the conditional use permit and recommended approval by a vote of 2-1 to bring it forward to Council.
Councilor Morrison asked if the house is for sale. Mr. Hasbrock stated it is currently listed with MLS and if the conditional use permit is granted, it will be removed from the marketplace. Councilor Morrison asked if the “For Sale” sign would be removed. Mr. Hasbrock stated it would.
Mayor Pro Tempore Beres asked if Mr. Hasbrock is familiar with the conditions of the permit and is in agreement with them. Mr. Hasbrock stated he is.
Councilor Morrison moved to approve Conditional Use Permit 04-01 for the BD&A Model Home Builder’s Showcase in the Town of Duck.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on Planning Board Activities
Mayor Schwarz stated he has asked Planning Board Chairman Ron Forlano to make a monthly presentation so the Council can get updates on the Planning Board’s activities.
Ron Forlano was recognized to speak. Mr. Forlano stated that 2004 started off with the large home moratorium, which led into a comprehensive study of ordinances that were passed on to Duck from Dare County. The Planning Board learned a lot from those meetings. He stated that the Planning Board then met to discuss the moratorium on the commercial district and felt it has been resolved. He stated they had a few CUPs to contend with that were handled.
Mr. Forlano stated that due to the Duck citizens and business owners attending the Planning Board meetings, good input was obtained so that the Planning Board achieved everything they set out to do for the year. He stated the Town now has a great set of ordinances for the Town.
Mr. Forlano stated that there are quite a few smart people in Duck and he hopes that more people will attend the Planning Board meetings in 2005 to dispense their knowledge. He stated he is looking forward to working on the fill issue and is hoping to receive guidance from the builder’s association and the citizens affected by stormwater runoff as well as Planning Director Cotellessa with it.
Mayor Schwarz stated that on behalf of the Council, he expressed appreciation to the Planning Board.
Update on the Build the Bridge Preserve Our Roads Committee Activities
Angela Beckman was recognized to speak. Ms. Beckman stated that the committee will be meeting with the lobbyist. She stated that on January 13 and January 14, 2005, a few members of the committee will be going to Washington to meet with the lobbyist and Senator Dole’s office. She stated that the committee has the cost of the lobbyist covered for the six months. She stated they are hopeful that this will be all the time that is needed.
Ms. Beckman stated that the committee is excited that East Carolina University has offered to do the study. She stated that this is in Walter Jones’ territory and hopes that by ECU working with the committee; it will have some impact on him. She stated that NCDOT has committed to cooperating with the committee on the study.
Ms. Beckman stated that the Currituck County Commissioners are still not on board with building the bridge, but members of the committee will be meeting with them on January 17, 2005. Mayor Schwarz asked if the committee had received a letter regarding the Currituck County Commissioners preparing a letter to the governor asking for the property that is on the east side of the sound that is designated for the bridge to be used for a ferry slip. Ms. Beckman stated she has not seen the letter, but thinks it is on her email. She stated that as soon as she knows more about it, she will let Council know. Mayor Schwarz thanked Angela Beckman for her presentation.Discussion/Consideration of Resolution 05-01, a Resolution of the Town Council of the Town of Duck Authorizing the Town Manager to Execute a Contract with the North Carolina Department of Environment and Natural Resources Related to a Public Access Grant
Town Manager Layton was recognized to speak. Town Manager Layton stated that the Town had submitted a grant proposal to the North Carolina Department of Environment and Natural Resources for a Coastal Area Management Act public access grant. He stated it was done in anticipation of completion of the Municipal Property study and the proposal of a public access point on the property. He stated that the State has awarded the Town a grant amount of $75,850 towards the project with the Town required to match it in the amount of $25,283. He stated the resolution would accept the grant award, the Town will supply the match and the Town Manager can execute a contract with the State to finalize it.
Councilor Thibodeau asked if this grant is similar to the one the Town received from the Outer Banks Visitors Bureau. Town Manager Layton stated it would be reimbursable. The Town would not receive a lump sum check but would do the work and receive reimbursement. He stated the grant is for the 2005 calendar year and the grant requires the Town to substantially complete the work by December 31, 2005.
Mayor Pro Tempore Beres moved to approve Resolution 05-01, authorizing the execution of a public access grant contract.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Supporting the Submission of a Regional Grant for the Purchase of Video Forensic Equipment
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that the grant is a multi-jurisdictional effort for the purchase of video forensic technology. He stated the equipment would take photographic-type evidence and enhance it. He stated that the police department would rarely have a need for the equipment, but should the need arise; it would be critical to their investigation. It could become a very useful tool to the police department.
Town Manager Layton added that this would commit the Town, if the grant were awarded, to pay its portion of $2,792.92.
Councilor Thibodeau asked if each town will be paying an equal share. Town Manager Layton stated that the municipalities pay the same amount with Kill Devil Hills and Currituck County paying slightly more. He stated he would come back to Council to ask to appropriate the money if the grant is approved. He pointed out that this same grant was submitted in 2004 and was denied.
Mayor Pro Tempore Beres asked if all of the municipalities and the two counties are going in on the grant. Town Manager Layton stated he has not seen any evidence that they have not.
Mayor Pro Tempore Beres moved to authorize the submission of the grant which, if granted, would obligate the Town to pay $2,792.92.
Motion carried 5-0.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that there have been unique weather situations in the summer and had caused the police to be creative with their mode of transportation throughout Town. He stated the police department had used their ATV during the summer which helped tremendously. He stated there are two sections of the General Assembly Session 2003 that extends it to city employees. He stated that because of how small the Town is that the second section would be the route to follow. He stated it would be helpful during inclement weather and as a means of patrolling the communities. It would make the officers more approachable and visible.
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that the Town of Nags Head is also seeking the same legislation.
Councilor Thibodeau asked if Police Chief Hamilton would receive a ticket if he was seen driving an ATV on the street presently. Police Chief Hamilton stated he would not give himself a ticket. He stated this legislation would serve a great purpose for the Town.
Councilor Morrison pointed out that the ATVs could not be used in Northern Duck during the winter months due to the speed limit being higher on the off-season. Police Chief Hamilton stated that the ATVs could be used throughout Town.
Councilor Caviness asked if law enforcement, Town employees and surf rescue would be allowed to use the ATVs on the highways. Police Chief Hamilton thought that surf rescue would fall under the municipal employees. Councilor Caviness asked if it would also cover the volunteer fire department. Town Manager Layton stated that under his interpretation, it would cover them. Town Attorney McRee disagreed. He stated it could be submitted in the way the Town wanted and could add the language to include the fire department employees.
Councilor Caviness moved to support submitting legislation to the General Assembly regarding the use of all-terrain vehicles using language similar to Section Two.
Mayor Pro Tempore Beres asked if the language would include letting surf rescue and the fire department use the ATV. Town Manager Layton stated that the Town does have a fire department employee and felt it would be sufficient.
Motion carried 5-0.
Presentation of the Municipal Property Master Plan
Mayor Schwarz stated that on behalf of the Council, he wanted to thank all of the committee members for their time on this special project.
Paul Keller was recognized to speak. Mr. Keller stated that the committee has been in existence for almost a year and have covered a lot of ground. Mr. Keller went on to give a background on the committee members and their milestones over the past year to Council and the audience.
Paul Keller then gave a presentation to Council and the audience on the Municipal Property Master Plan, touching on the two questionnaires that were available for the public to fill out; the public input sessions; and the preferred alternatives for the property.
Councilor Thibodeau asked how large the picnic shelter would be and if the playground area would be fenced in. Paul Keller stated the size of the picnic shelter was not discussed and the playground area would be fenced in. Chris Dewitt of VHB, Inc. was recognized to speak. Mr. Dewitt clarified that the picnic shelter would have two to three tables. Councilor Thibodeau asked how large the gazebo would be. Mr. Dewitt stated it would be approximately twenty feet in diameter.
Town Manager Layton gave a short presentation to Council and the audience on the phasing and cost implementation for the property.
Councilor Thibodeau asked how large the amphitheater would be. She asked if it would have approximately eight to ten rows. Chris Dewitt stated that it could be that large. Town Manager Layton stated the idea is to construct the amphitheater into the existing terrain. There would be rows of seats and also areas where people could bring a blanket or chair. He stated the seating would not be restricted to the amphitheater alone.
Councilor Thibodeau asked, if the Rodgers house replica would be for permanent restrooms, it would imply that there would not be any restrooms other than Port O Johns until the year 2008. Town Manager Layton stated she was correct.
Mayor Schwarz thanked Paul Keller and Town Manager Layton for their presentations. He proposed allowing Council to take time to review the Master Plan. He stated that since it is not on the agenda for the retreat, he suggested it be discussed at the next monthly meeting or at the February mid-month meeting. It was consensus of Council to review the Master Plan at their February mid-month meeting.
Councilor Thibodeau asked if the Master Plan would be reviewed page by page. Mayor Schwarz stated that it could be reviewed, it could be adopted as is or adopt it subject to Council’s changes. He felt that Council needs sufficient time to review it before it is adopted. Mayor Schwarz invited the Municipal Property Master Plan Study Committee to be part of the meeting to answer any questions that may arise.
Discussion/Consideration of Continuing the Term of the Municipal Property Master Plan Study Committee until February 15, 2005
Mayor Schwarz stated that Council had in front of them a proposal to change the date of the term of the Municipal Property Master Plan Study Committee. He stated Council would like to maintain the committee in case there is a need for an additional meeting before the Master Plan is adopted.
Mayor Schwarz moved to adopt Resolution 05-02, amending Resolution 04-01, establishing the Municipal Property Master Plan Study Committee and continuing their term until February 20, 2005.
Motion adopted 5-0.
Mayor Schwarz stated he had spoken to Paul Keller regarding extending some of the members of the committee for an implementation committee. It was consensus of Council to pick a new committee for implementation at the February regular meeting.
Councilor Thibodeau asked if it would slow things down by waiting approximately six weeks before approving the Master Plan. Mayor Schwarz stated he did not think it would be an issue. Town Manager Layton stated that there are preliminary issues that can be started when Council approves the plan.
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 fire department activity and permit activity reports to Council. He stated that the police department were having printer problems and would hand their report out at a later date.
Update on Fireworks Display
Town Manager Layton stated that at the last Council meeting, he had received approval for an expenditure of a fireworks display and on December 23, 2004, Police Chief Hamilton, Fire Chief Brock and he had met with a representative from Zambelli Fireworks regarding holding a fireworks display on the beach. They were quickly informed that it would not work due to the square footage of the beach and the vegetation. He stated it could not be done on the beach. The other option would be to get a barge and have the display on the soundside but since the park is not developed, logistically it could not be held on the sound. He stated that he had advised Council a little too quickly and recommended not pursuing the matter further.
Councilor Thibodeau stated that she hoped that the citizens of Duck will be able to go out on the beach and enjoy fireworks on the Fourth of July like all of the other towns.
Update on the Outer Banks Hydrology Management Committee
Town Manager Layton stated the committee continues to work diligently and last month, the committee had a presentation by a gentleman that works for Prince Georges County with the primary focus on issues of low impact design for stormwater management. He stated the committee is meeting on January 10, 2005 and January 11, 2005 and expect to finalize recommendations by the end of the month.
Consideration of Budget Amendments
Town Manager Layton stated that he is requesting approval to transfer $25,000 from capital outlays and $1,000 from the contingency fund to cover the match of the public access grant for the park. He asked for approval to appropriate $75,850 in DENR grant funds to the revenue account. He asked for approval to transfer $470,940 from capital outlays to debt service to more clearly show the debt service associated with the municipal property purchase.
Mayor Pro Tempore Beres moved to approve the budget amendments.
Motion approved 5-0.
Financial Statement for the Month of December 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 there is an agenda with the first hour and a half devoted to Council members’ times. He stated the rest of the day is devoted to items submitted by Council and items of general interest.
Mayor Schwarz stated he added to the retreat agenda an item regarding the Fourth of July parade. He stated that Darwin “Dock” Drewyer was in the audience and has expressed an interested in heading up a committee to broaden the scope of the parade.
COUNCIL MEMBERS’ AGENDA
Councilor Morrison thanked the members of the Municipal Property Master Plan for all of their hard work. He stated that the Dare County Tourism Board approved the Town’s application for a grant of $50,000 for the extension of the Duck Trail on the west side of NC 12 from the Southern Shores line.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, January 19, 2005 at 9:00 a.m. at the Sanderling Inn. He invited the public to attend.
CLOSED SESSION
Mayor Pro Tempore Beres moved to enter closed session to consult with an attorney employed by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.
Motion carried 5-0. The time was 9:10 p.m.
Upon return from closed session, Town Manager Layton handed out the proposed agenda for the retreat to Council. Mayor Schwarz stated that the major headings have been put in the ad for the newspapers.
Town Manager Layton stated he had received the real property value area by districts and handed them out to Council. Councilor Morrison asked if the real estate tax would be discussed at the retreat. Town Manager Layton stated it would be discussed under Financial Issues.
Mayor Schwarz stated he had received a letter from the North Carolina Office of the Governor informing him of the inaugural ceremonies for governor, lieutenant governor and Council members who will be sworn into office on January 15, 2005. He stated that Council was invited to the ceremony.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 9:27 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor