TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
February 2, 2005

The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, February 2, 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.; and Deputy Town Clerk Lori Kopec .

ABSENT:     None.

Mayor Schwarz called the meeting to order at 7:00 p.m.   Mayor Schwarz asked Paul Keller to lead the Pledge of Allegiance.   Mayor Schwarz then 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.  

Martha McKeon and Pat Storey of the League of Women Voters were recognized to speak.   Ms. McKeon stated that they wanted to thank the Town of Duck for its contribution to their 2005 Citizens Guide. Ms. McKeon and Ms. Storey had copies of the guide and passed them out to Council and members of the audience.

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 January 5, 2005 regular meeting and the January 19, 2005 retreat.   Mayor Schwarz directed Council to review the minutes from the January 5, 2005 meeting for changes.

Mayor Pro Tempore Beres had one grammatical change to the minutes.

Mayor Pro Tempore Beres moved to approve the January 5, 2005 minutes as amended.

Motion carried 5-0.

Mayor Schwarz directed Council to review the minutes from the January 19, 2005 meeting for changes.  

Councilor Thibodeau moved to approve the January 19, 2005 minutes as presented.

Motion carried 5-0.

PUBLIC HEARINGS

PUBLIC HEARING/DISCUSSION/CONSIDERATION OF THE TOWN OF DUCK CORE CAMA LAND USE PLAN.

Planning Director Cotellessa was recognized to speak.   Planning Director Cotellessa stated that the project has been led with grant support from the North Carolina Coastal Management Program by a consultant called CPC, Inc. and Bill Turner.   She stated that Mr. Turner could not attend the meeting due to a death in his family.   She went on to review the Land Use Plan process to Council and the audience.

Mayor Schwarz asked for comments.   There being none, he closed the public hearing.

Mayor Schwarz asked Council for comments or questions.

Councilor Thibodeau pointed out the references to the Duck Civic Association contributing to the Land Use Plan .   She asked if the Duck Community and Business Alliance or other interested citizens groups could be added to the Plan. Planning Director Cotellessa stated she will edit the document before it goes to the State.

Councilor Caviness stated it was an amazing process to be involved in.

Mayor Schwarz stated that Councilor Caviness was on the Land Use Plan committee from the beginning.

Mayor Pro Tempore Beres stated that the Plan is an excellent product and thanked all involved.

Councilor Morrison agreed with Mayor Pro Tempore Beres’ comments.

Councilor Caviness moved to adopt the Town of Duck CORE CAMA Land Use Plan with the recommended changes.

Motion adopted 5-0.

PUBLIC HEARING/DISCUSSION/CONSIDERATION OF ZTA-FILL AND ORDINANCE 05-01, AN EXTENSION OF THE FILL MORATORIUM ENACTED BY ORDINANCE 04-28

Planning Director Cotellessa was recognized to speak.   Planning Director Cotellessa stated that a public hearing had been set up well in advance for fill regulations.   However, they are incorrect.   She stated the Planning Board needs to meet with Council to receive technical information and background before going further.   The public can still speak on the hearing.   She stated that it is recommended that Council table consideration of the ordinance and consider an extension of the current fill moratorium to allow more time for the document to be reviewed.

Mayor Schwarz asked for comments.   There being none, he closed the public hearing.

Mayor Schwarz asked Council for comments or questions.

Councilor Morrison stated that Kevin Schwartz had suggested extending the moratorium for ninety days.   He asked Planning Director Cotellessa if she felt it was necessary.   Planning Director Cotellessa stated that ninety days would give the Town additional time.   Councilor Morrison stated he preferred to do that.

Mayor Schwarz stated that Ordinance 04-28 will be tabled.

Councilor Morrison moved to adopt Ordinance 05-01, extending the moratorium on the placement of fill material on vacant and improved parcels of land in the Town of Duck until May 21, 2005 .

Motion adopted 5-0.

Town Manager Layton stated that an additional recommendation from staff is a joint meeting on Friday, February 11, 2005 with the Planning Board to bring in an engineer to talk about issues related to fill.   He stated that the meeting would be during the normal Planning Board meeting at 2:00 p.m.

Councilor Caviness stated she would be out of town and unable to attend the joint meeting.  

Councilor Morrison stated that an engineer had met with the Planning Board at their last meeting, which was very educational.   He felt it would be beneficial to Council to be exposed to the same type of information.

Mayor Pro Tempore Beres asked if the meeting could be held earlier in the day.   Mayor Schwarz stated that this is the Planning Board’s regularly scheduled meeting.   Planning Director Cotellessa stated that a few of the Planning Board members cannot meet earlier.

Mayor Pro Tempore Beres moved to hold a joint meeting with the Planning Board to discuss the issue of fill on Friday, February 11, 2005 at 2:00 p.m.

Motion carried 5-0.

DISCUSSION/CONSIDERATION OF REQUEST FOR EXCEPTION TO THE FILL MORATORIUM AS PROVIDED FOR IN ORDINANCE 05-01 FOR TRIMARCHI, 132 FOUR SEASONS LANE

Planning Director Cotellessa was recognized to speak.   Planning Director Cotellessa stated that as provided in the Town’s fill moratorium ordinance, there is a potential to come in for a hardship exception.   She stated that the exception in front of them is the second part of one that was presented last month.   She stated the owner of 132 Four Seasons Lane has come in to ask for an exception to raise his home and put four feet of fill under his house and pool to raise them out of a chronic localized groundwater flooding issue.

Planning Director Cotellessa stated that at the last meeting, Mr. Trimarchi had not received approval from the Four Seasons Homeowners Association as well as some other information and Council consequently denied his request.   She stated the Four Seasons Homeowners Association has reviewed Mr. Trimarchi’s request and approved his request to raise his home and pool by three feet, with a series of conditions.   She stated that staff has reviewed the input from Four Seasons, the Town’s engineer and from Dare County Environmental Health.   Given all the input, staff is recommending approval for Mr. Trimarchi to raise his home three feet and raise the pool two feet and with several conditions.

Bob Mason was recognized to speak.   Mr. Mason stated that the sod on Mr. Trimarchi’s property will control erosion.  

Skip Parsons was recognized to speak.   Mr. Parsons stated he had attended the Four Seasons Architectural Control Committee meeting and understood that they had approved three feet of fill.   He felt there should be no reason not to start on the project, as long as he follows the conditions.   Mayor Schwarz stated that Council has not granted approval yet.   Mr. Parsons stated that he understood, but that Mr. Trimarchi already had the Architectural Control Committee’s approval to go forward.   Mayor Schwarz stated he understood.   Mr. Parsons stated he is agreeable to all the conditions.

Councilor Thibodeau stated she felt comfortable with the information submitted and would recommend approval.

Councilor Caviness stated she had spoke to Planning Director Cotellessa earlier regarding the sod, but would recommend approval.

Mayor Pro Tempore Beres stated that it seemed that all of Council’s questions at the last meeting have been resolved and answered.

Mayor Schwarz asked why the Council is agreeing to three feet when the moratorium says two feet.   He asked why the moratorium doesn’t state three feet.   He asked why this case is so different from everything else.  

Planning Director Cotellessa stated that the moratorium allows two feet by right and the reason two feet was picked was due to certain areas of shallow flooding in Town in the AO1 and AO2 flood zones.   She stated that in those zones, the standard practice is to raise the houses one or two feet with fill as opposed to the flood zones in Sanderling, where the flood zones are a lot higher.   She stated staff was trying to make it possible to continue building progress in the AO1 and AO2 zones.   Once above two feet, concerns about the effect on adjacent properties, runoff, sloping and grading to the street and adjacent properties are brought up.   She stated that in Mr. Trimarchi’s case, he’s not in a flood zone, but built his home in a hole and is getting the effects of groundwater infiltration, and has shown a pattern of repeated problems.   In order for his home to be livable, he would need to raise the house.

Councilor Thibodeau moved to accept the fill exception with the terms and conditions listed for Dominick and Patricia Trimarchi at 132 Four Seasons Lane.

Motion carried 5-0.

OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS

DISCUSSION/CONSIDERATION OF RESOLUTION 05-04, A RESOLUTION ADDRESSING ISSUES RELATED TO THE VILLAGE IMPROVEMENT PROGRAM AND COMMUNITY APPEARANCE AWARDS PROGRAM

Mayor Schwarz stated this was talked about at the retreat and Council had planned to appoint a committee tonight but felt that since more volunteer applications have come in, he suggested that Council review the list of potential applicants, discuss them and decide at the next meeting a recommendation for a committee.   He suggested discussing whether Council wishes to implement the program this fiscal year or next fiscal year.   He stated it was discussed that twenty thousand dollars would be set aside in the budget for this fiscal year.   He felt that it is getting late in the year and the Town is not going to get a whole lot of input and will take time to get information out to the homeowners, homeowners’ associations and the business community.

Town Manager Layton stated that the resolution would provide for the committee to go through the process of hammering out the details regarding the various programs including what recommended level of funding for this year or next year could be implemented.   He stated it would add another month to the process.

Mayor Pro Tempore Beres asked if it would have to be decided right away.   Town Manager Layton stated it did not. Mayor Pro Tempore Beres asked if waiting till a committee is appointed to see what they recommend.   Town Manager Layton stated he was correct.

Councilor Thibodeau stated that even if the Town doesn’t have any applicants at this time, it will get the program moving.   She asked if the committee selection will be done in a public meeting.   Mayor Schwarz stated it would be discussed at the March 2, 2005 meeting.   Councilor Thibodeau asked if during the time, people would be contacted.   Town Manager Layton stated that several individuals have expressed an interest but have not followed up.   He stated there is not a full applicant pool at this time to choose from.

Mayor Schwarz stated that Council will receive a copy of any application that comes in.

Town Manager Layton recommended amending the last paragraph of the resolution to state: “… including recommended funding levels.”

Mayor Pro Tempore Beres asked if this committee would include relaying information regarding the Dark Sky issue to people in their duties.   Mayor Schwarz stated the resolution does not address the Dark Sky issue.   Planning Director Cotellessa stated that a homeowners association could pursue a matching grant for the lighting issue.

Councilor Thibodeau moved to adopt Resolution 05-04 to establish the Village Improvement Program and Community Appearance Awards Program with the recommended change.

Motion adopted 5-0.

DISCUSSION/CONSIDERATION OF RESOLUTION 05-02, A RESOLUTION ESTABLISHING A COMMITTEE TO PLAN THE 4 TH OF JULY PARADE

Mayor Schwarz stated the 4 th of July parade was discussed at the retreat.   He stated that Darwin “Dock” Drewyer has organized the parade for the past five years and had asked the Town to assist him and expand on it.   He stated a number of volunteers have signed up to help Mr. Drewyer with planning the parade.  

Town Manager Layton was recognized to speak.   He stated he had spoken to Angela Beckman earlier in the day and felt it would be appropriate to change her name in the resolution to show that a representative of the Duck Community and Business Alliance would be designated.   Mayor Schwarz asked if she wished to withdrawal from volunteering.   Angela Beckman was recognized to speak.   Ms. Beckman stated she was happy to volunteer but would be away from June 10, 2005 through July 21, 2005 and wanted to share the duties with the DCBA.   It was consensus of Council to change the resolution to remove Ms. Beckman’s name and replace it with “a representative of the Duck Community and Business Alliance.”

Councilor Morrison moved to adopt Resolution 05-02, establishing a committee to plan for the 4 th of July parade as amended to include a representative of the DCBA.

Councilor Caviness stated she was happy that Angela Beckman will be on the committee.

Councilor Thibodeau thanked all that volunteered for the committee.

Motion adopted 5-0.

DISCUSSION/CONSIDERATION OF RESOLUTION 05-03, A RESOLUTION ESTABLISHING AN ADVISORY COMMITTEE TO ASSIST IN THE IMPLEMENTATION OF THE MUNICIPAL PROPERTY MASTER PLAN

Mayor Schwarz asked Council if they had any questions concerning the committee or their purpose.

Councilor Caviness felt it was a good idea.   Councilor Thibodeau agreed.

Mayor Pro Tempore Beres moved to adopt Resolution 05-03, establishing the Municipal Property Master Plan Advisory Committee.

Motion adopted 5-0.

NEW BUSINESS

DISCUSSION/CONSIDERATION OF A JOINT SPACE STUDY WITH THE DUCK VOLUNTEER FIRE DEPARTMENT

Town Manager Layton was recognized to speak.   Town Manager Layton stated that the chief of police and he had previously sat down with the Board of Directors at the fire department and discussed the space issues.   He stated that the Town is renting space for the police department from the fire department.   He stated that space is an issue and there have been changes to try to accommodate both agencies.   Rather than continue to make changes, it would be a good idea to do a plan that would allow everyone with input needed to not make any changes until an expansion is needed.   He stated the fire department is amenable to this and he is asking Council to allow him to proceed to get in touch with architects for pricing on a space study.   He stated he would come back at the Council’s next meeting with a recommendation to go forward with the study and to appropriate funds for it.   He stated there is still an issue with the t-shirt room presently and the proposal that the fire department would like to implement enclosing the front porch area and use it as a t-shirt room.   Permission from the Corps of Engineers has not been obtained yet, but once given permission, they are requesting funding from the Town in order to do the project.   He proposed that if there is money left over in the budget at that time, it be transferred for the project.

Councilor Thibodeau asked if the interim solution would be to enclose the front porch if the Corps of Engineers would allow, using the Town’s available funds to complete the project, and at the same time having a complete look at the building.   Town Manager Layton stated she was correct.

Mayor Pro Tempore Beres asked if the architect would look at both issues, the enclosure of the porch and other configurations.   Town Manager Layton stated the architect would look at the building, get the plans and start from the beginning on how to meet the needs of both departments, which may include the front porch or other recommendations.   He stated that it seems that every month, the fire department is enclosing something in the building and rather than continuing this, it would seem appropriate to better coordinate the space to meet both needs.

Councilor Caviness asked if the architect would look at the space in its entirety before the porch is enclosed.    Town Manager Layton stated it is not the desire of the Board of Directors of the fire department.   He stated the goal of the fire department is to have a place to sell t-shirts.

Councilor Morrison asked if the Corps of Engineers has already been asked to enclose the porch.   Town Manager Layton stated the fire department has but have not received an affirmative response to date.

Councilor Caviness asked if the Corps of Engineers would have to give permission for the architect to come in.   Town Manager Layton stated permission would not be needed for an architect but the Town may need permission depending on what the architect finds.

Councilor Thibodeau asked what the timeframe would be for the architect.   Town Manager Layton stated it wouldn’t very long and anticipates the study to be recommended for funding until the fall.

Mayor Schwarz stated that the fire department is planning to move forward with the enclosure, if approved, but in the meantime, the Town is looking at renovating the interior that would not include the enclosure.   He stated that if any funds are to be expended, it should include the entire project.   Town Manager Layton agreed.

Mayor Schwarz stated that when the Town asked for permission to include the police in the building, it took nine months to get approval from the Corps of Engineers.   He asked if the Town is assuming that permission for the enclosure would be obtained in the next couple of months.   Town Manager Layton did not think the fire department thought there would be an issue with enclosing the porch.   Mayor Schwarz pointed out that if the Town is going to approve a study, the study should come after the approval for enclosing the front porch, so it can include the whole building.   Otherwise, it’s not known what the Town is studying.   Town Manager Layton stated he sees it as mutually exclusive, but does not share the same concern about enclosing the front porch.

Mayor Schwarz did not see it as being mutually exclusive.   He stated the Town would be doing the study to make the most efficient use of the space for the fire and police department.   He asked if the front porch space would be included in the study.

Councilor Thibodeau stated that if the Corps of Engineers approves the enclosure, the architect would have this information on hand and would incorporate it into the study.   She stated that the plan would take a while and Council would know about the approval for the enclosure, which could be included in the study.

Councilor Morrison stated he understood Mayor Schwarz’s concerns.   He stated that if Council doesn’t know if the enclosed porch could be included in the plan, then the architect would have to make up two plans, one with the porch enclosed and one without.

Councilor Thibodeau stated that if the Corps of Engineers does not grant an approval of the porch, then the architect would have to work with what is there.   However, if it’s approved, then he would know about the porch.

Mayor Schwarz stated that if the Corps of Engineers doesn’t come through with an approval until the fall, the plans from the architect would not be valid, since the area would not be included.   He stated the architect should look at the entire project, but the Town is not sure what the entire project is.

Councilor Caviness suggested that the architect could be instructed to consider the space as a possibility of it being enclosed.   She asked if enclosing the porch would create more of the same problem.

Mayor Schwarz stated he is concerned about approving anything at this point.   He stated he did not see the reason for getting an architect until the Town knows what the entire scope of the project will be.   He felt Council should wait until the fire department hears back from the Corps of Engineers before moving forward.

Councilor Morrison asked if Council does nothing, where would the t-shirt room be.   Mayor Schwarz stated that Council has nothing to do with that, nor with the enclosure of the porch.   Town Manager Layton stated it does because there was a demand made on the police department to give up space which they had gotten from the fire department.   The police department was able to convince the fire department to let them use the former t-shirt room.   Now the fire department is coming back asking for the t-shirt room back.   He stated there was a meeting and it was discussed that the police department needs space, and doing little construction projects was not a good way to approach the issue.   Town Manager Layton stated he proposed looking at the existing space and coming up with a plan on how to incorporate everything together.   At that point, the fire department independently determined they still needed a t-shirt room.   He stated that the study could be put off, but there could be an issue of the police department having to give up more space.

Mayor Schwarz reiterated his concerns to Council.   He asked for clarification on if the project is not done in a timely manner, it would mean that the police department would have to give up space for this summer.   Town Manager Layton stated that he and the police department were put in the position of proposing the study due to the desire of space for the t-shirts.   He stated he expects it to come back around if the space is not obtained.   He stated the fire department has told him that they cannot sell the t-shirts where they are selling them presently.  

Mayor Schwarz clarified that unless the Corps of Engineers grants permission for the enclosure of the porch, the police would have to give up space.   Town Manager Layton stated that he thought the Town would be asked to give up space.

Councilor Morrison asked what is in the space at this time.   Town Manager Layton stated it was the police chief’s office.   Councilor Morrison asked if the police are asked to give up that space, would the police chief go back to his original office.   Town Manager Layton assumed he would.

Councilor Caviness felt it was appropriate to look at the space needs and have an architect come in.   She asked if the Corps of Engineers gives permission for the porch enclosure, would the Town have to fund the construction.   Town Manager Layton stated that the Board of Directors is asking for the funding, however, he is not recommending Council make that decision yet.

Councilor Thibodeau stated she would like to see things get started on getting the building analyzed.

Councilor Morrison felt that if an architect comes in now, he would have to analyze the building without considering the porch at all.

Councilor Caviness asked if new construction could be done without the approval of the Corps of Engineers.   Town Manager Layton stated it has already occurred.   Councilor Caviness stated that if an architect is brought in, it could be stated that there is a possibility of the porch being enclosed but not to count on it.  

Councilor Thibodeau felt bringing in an architect would be a morale booster for the police and fire department.

Mayor Pro Tempore Beres agreed with Councilor Thibodeau’s comments and felt the Town needs to move ahead with hiring an architect.

Town Manager Layton stated he is asking for permission to go forward and bring something back to the March meeting, which would include costs associated with the study.

Councilor Caviness moved to authorize the Town Manager to move forward in contacting an architect to do a joint space study with the volunteer fire department.

Motion carried 4-1 with Mayor Schwarz dissenting.

DISCUSSION/CONSIDERATION OF CONSTRUCTING AN AM TOWER FOR PUBLIC INFORMATION PURPOSES

Police Chief Dale Hamilton was recognized to speak.   Police Chief Hamilton stated that there was a lot of flooding last year and one of the larger criticisms was that the citizens and tourists were not apprised of the traffic issues when there was flooding on the road.   He stated that after many discussions, it was determined that information would need to be given out to the public somehow.   The police researched different ways to get the word out widespread, including using local radio stations.   Unfortunately, not everyone would hear the information.   It was decided that the police would look into an AM radio station, also known as a travel advisory station.   If the system were to be installed, then citizens coming in to Duck could tune in to the AM station to hear updated information or announcements regarding traffic delays.   He stated that any information could be put on the station.  

Police Chief Hamilton stated that this is a workable situation and would cost the Town approximately $13,000 to erect an AM station tower with a distance of a seven mile radius.

Councilor Morrison asked if it would be a one time charge.   Police Chief Hamilton stated it would be with the equipment being about the size of a two-drawer filing cabinet and would be housed in the police department.

Councilor Thibodeau asked how tall the antenna would be.   Police Chief Hamilton stated the antenna needs to be about forty-six feet tall and established or attached to a regular telephone-type pole.   The police have asked and received permission from the fire chief to mount the antenna on the pole behind the police department.   Councilor Thibodeau asked if twenty signs would be needed.   Police Chief Hamilton stated they had gone high with the signs and did not anticipate using all of them.

Mayor Schwarz asked who would be able to hear the station.   Police Chief Hamilton stated they expect the signal to touch just outside Southern Shores and Corolla.   Mayor Schwarz asked if people who are sitting outside of Town in traffic would be able to hear the station.   He stated that if the Town is trying to alert the public of traffic within the Town, it would need to be in Southern Shores and Currituck County .   Otherwise, the Town is just telling people who are stuck in traffic that they are stuck in traffic.   He stated he did not understand what would be accomplished.   Police Chief Hamilton stated that it was suggested that the police look into an AM tower.   He suggested the idea of additional units or having units outside of Town, which would cover an additional seven miles.

Councilor Caviness felt having an AM tower would be a good idea, especially to communicate issues with the Town.   Mayor Schwarz stated he did not have a problem with the tower, but with the range.

Police Chief Hamilton stated that the FCC would allow a radius of ten miles but only in an emergency situation.   Town Manager Layton stated that the flooding that the Town experienced could be considered an emergency.  

Councilor Thibodeau stated that if a person could tune in to the station, they could turn around and go back to avoid sitting in the traffic.

Councilor Morrison stated that citizens would not know of the traffic problem until they are part of the traffic problem.   Councilor Thibodeau agreed, but felt that if they heard on the radio, they could turn around.

Mayor Schwarz asked Council if they had ever tuned in to an AM public information station.   Councilors Caviness and Thibodeau stated they both have and found it very helpful.

Mayor Pro Tempore Beres asked if there were any discussions with Corolla or Southern Shores as to whether they had an interest in a tower for their towns.   Town Manager Layton stated that there have been discussions regarding the repeater tower near Martin’s Point.   He stated there was a discussion between the Town, the Department of Transportation and Southern Shores regarding it and both DOT and Southern Shores expressed an interest, but no firm commitment came from either party to do anything jointly.

Councilor Thibodeau asked if a grant from the Visitor’s Bureau could be obtained for the tower.   Councilor Morrison stated he would research it but did not know what the chances would be.

Mayor Pro Tempore Beres asked if Southern Shores had expressed an interest in doing this.   Police Chief Hamilton stated they did not.   Mayor Pro Tempore Beres asked if Currituck County had expressed an interest.   Police Chief Hamilton stated they had not either.

Mayor Schwarz asked Council whether they wished to pursue the issue or not.   Councilor Caviness stated she is strongly in favor of it.   Councilor Thibodeau agreed with Councilor Caviness.

Councilor Caviness moved to pursue an AM tower for public information purposes.

Mayor Pro Tempore Beres amended the motion and moved to pursue working with Currituck and Southern Shores to convince them that a broad-ranging voice message would be appropriate for the well being of the tourists in the jurisdictions and to ask the Tourist Bureau to provide a grant for such an endeavor.

Mayor Schwarz stated he is still concerned about the range of the tower and suggested incorporating Currituck, Southern Shores and Dare County in pursuing the issue.   He stated he has a problem with the three mile limitation on the tower either way.   Police Chief Hamilton stated it was seven miles each way.

Councilor Thibodeau asked if it was a fourteen mile radius.   Police Chief Hamilton stated it would be fourteen miles from end to end, but seven miles each way.

Councilor Caviness stated she would not support working with Southern Shores and Currituck County .   She felt it should be a municipal project.

Mayor Pro Tempore Beres asked Councilor Caviness if she was not in favor of cooperation with the other towns.   Councilor Caviness stated it would be the Town’s information and asked if it would be appropriate to broadcast the Town’s information in other jurisdictions.   Mayor Schwarz stated it would be appropriate.   Councilor Caviness stated that if the tower was going to be used for traffic situations, she would support it, but to use it as a way to disseminate public information about the Town, it should only be in Town.

Town Manager Layton stated the Town would try to work out with Currituck County and Southern Shores the possibility of each jurisdiction to have repeater sites or to encourage them to do the same thing but with common items in an emergency event.

Amended motion carried 5-0.

Original motion carried 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, fire department activity and permit activity reports to Council.  

Update on Recycling

Town Manager Layton stated that he had contacted Ernie Hoch of Waste Management to get a proposal on recycling. He stated he is trying to get firm numbers for Council to consider as part of the budget process.  

Discussion of Proposed Budget Schedule

Town Manager Layton stated that Council had in their packets a proposed budget schedule for FY 2006.   He stated he had sent out the budget requests on Monday to the department heads, with the due date for return of the requests being March 11, 2005 .  

Update on the Outer Banks Hydrology Management Committee

Town Manager Layton stated that he received the draft report over the weekend, reviewed it and provided his comments to the committee chair as a committee member.   He stated he expects a final report on Friday, February 4, 2005 or shortly thereafter.   Once the report is received, he will send it to Council.   After the report is done, an official meeting will be held where it will be presented.

Ron Forlano was recognized to speak.   Mr. Forlano asked if the Planning Board could get a copy of the report.   Town Manager Layton stated he would provide the Planning Board with a copy of it.

Town Manager Layton stated that on Friday, February 4, 2005 , he, Planning Director Cotellessa, representatives from the Town of Southern Shores and the Department of Transportation will be interviewing consultants for the stormwater study for NC 12.   Hopefully in March, he will be ready to make a recommendation on hiring a consultant to Council.

Financial Statement for the Month of January 2005

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.  

Consideration of Budget Amendments

Town Manager Layton stated that the police had a minor incident with one of their patrol cars and he is asking to appropriate money to cover the insurance payment for it.   He stated the Town received $5,047.24 from the League of Municipalities.

Councilor Thibodeau asked if this incident was from the flooding.   Town Manager Layton stated it was a flooding incident but it was a car that had hit a telephone pole.

Mayor Pro Tempore Beres moved to approve the budget amendments.

Motion approved 5-0.

MAYOR’S AGENDA

Mayor Schwarz announced that Councilor Morrison has been appointed as the Vice Chairman of the Dare County Tourism Board.

Mayor Schwarz stated that the Dare County Control Group had met on January 31, 2005 and elected Mike Johnson as the chairman of the Control Group.   Prior to the meeting, Sandy Sanderson had sent out information on changes to the County’s ordinances that deals with emergency management.   He stated that the mayor of Nags Head had called and asked if it would be agreeable if Town Attorney McRee reviewed it.

Town Attorney Ike McRee was recognized to speak.   Town Attorney McRee gave a brief overview of the County ordinance and how they work with municipalities to Council and the audience.

Mayor Schwarz stated that after meeting with Town Attorney McRee, the mayors of each municipality got together and wrote a letter to Stan White and Mike Johnson with a copy to Sandy Sanderson .   He stated that these issues were discussed at their meeting but have not been resolved.   He stated he hopes the County will look at the issues.

Mayor Schwarz stated that there is a debris site for the Town’s use in Currituck County no matter who the Town’s contractor is.   Town Attorney McRee pointed out that the lease is between Dare County and H.D. Newbern in Currituck.   He stated the County needs to do some work to amend the lease to include the County’s municipalities.

COUNCIL MEMBERS’ AGENDA

Councilor Thibodeau gave an update on her meeting with the Affordable Housing Committee to Council and the audience.   She thanked the League of Women Voters for their guides and stated that Dare County ’s updated website has a wealth of information on it.   She stated that the DCBA had sent out a newsletter recently and Angela Beckman reported to her that she had received 140 memberships back.

OTHER BUSINESS

Mayor Schwarz asked for any other business.   He stated the next meeting will be Wednesday, February 11, 2005 at 2:00 p.m. for a joint meeting with the Planning Board.

ADJOURNMENT

Mayor Pro Tempore Beres moved to recess the meeting.

Motion carried 5-0.   The time was 8:50 p.m.

                                                                                    _______________________________
                                                                                    /s/ Christopher J. Layton, Town Clerk

Approved: ______________________

_______________________________
/s/ Gene Schwarz , Mayor