TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
March 2, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, March 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 led the Pledge of Allegiance and the moment of silence.
Mayor Schwarz asked Council for their consent to add Item 7E to the agenda. It was consensus of Council to add this new item.
SPECIAL PRESENTATION
Recognition of the CAMA Land Use Plan Committee
Mayor Schwarz stated he wanted to recognize the Land Use Plan Committee that was appointed in February, 2003 that has worked for a few years to put together a plan that will be adopted and sent forward. He stated that he wished to thank each Committee member for their diligent efforts.
Mayor Schwarz called on each Committee member to stand up and presented each of them with a t-shirt, certificate of appreciation and a Town of Duck lapel pin. The members of the Committee honored were: Joe Blakaitis, Councilor Nancy Caviness, Planning Director Sue Cotellessa, Ron Forlano, George Grinnan, Paul Keller, and Charlie Pratt. He stated that Henry Blaha and Bill Turner of Community Planning Collaborative were unable to attend the meeting.
Recognition of the Municipal Property Master Plan Study Committee
Mayor Schwarz stated that the Municipal Property Master Plan Study Committee just had their Master Plan approved at the February mid-month meeting. He stated he wished to thank each Committee member for their work.
Mayor Schwarz called on each Committee member to stand up and presented each of them with a t-shirt, certificate of appreciation and a Town of Duck lapel pin. The members of the Committee honored were: Donna Black, Chris Dewitt of VHB, Inc., Bob Fitchett, Jennifer Gilbreath, Paul Keller, Town Manager Chris Layton, Charlie Pratt and Ed Sowinski. He stated that Avery Harrison was unable to attend the meeting.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. There being no one wishing to speak, he closed the time for public comments.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the February 2, 2005 regular meeting, the February 11, 2005 joint Planning Board meeting and the February 16, 2005 mid month meeting minutes. Mayor Schwarz directed Council to review the minutes from the February 2, 2005 meeting for changes.
Councilor Morrison moved to approve the February 2, 2005 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the February 11, 2005 joint Planning Board meeting for changes.
Councilor Thibodeau moved to approve the February 11, 2005 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the February 16, 2005 mid month meeting for changes.
Mayor Pro Tempore Beres moved to approve the February 11, 2005 minutes as presented.
Motion carried 5-0.
PRESENTATION BY THE DARE COUNTY FIRE MARSHALL ON THE FIREWISE COMMUNITIES PROGRAM
Mayor Schwarz stated that Doug Remaley, the Dare County Fire Marshall, was going to give a presentation.
Fire Marshall Doug Remaley was recognized to speak. Fire Marshall Remaley stated he was at the meeting to represent a coalition of organizations that have come together over concerns of wildland interface problems versus the domestic tranquility of people building homes in the woods that is prone to wildfires. He stated that a few months ago, the U.S. Fish and Wildlife Service, the National Park Service, Dare County Fire Marshall’s Office and the Forest Service got together and formed the Dare County Firewise Council. He stated he was not at the meeting to ask for any money but to do a short, informational presentation of the Firewise Council’s intentions. He introduced his assistant, Kelley Van Druten from the U.S. Fish and Wildlife Service to Council and the audience to do the presentation.
Kelley Van Druten gave a short PowerPoint presentation to Council and the audience.
Fire Marshall Remaley stated that the presentation was to get the Town’s blessing for the Firewise Council to carry on with their activities.
Mayor Schwarz thanked Fire Marshall Remaley and Ms. Van Druten for their presentation.
PRESENTATION OF FY2004 AUDIT
Town Manager Layton introduced Lisa Murphy from Johnson, Burgess, Mizelle and Straub to Council and the audience. He stated that Ms. Murphy has been the Town’s auditor for the past two years and has done a good job in helping the Town do what needs to be done.
Lisa Murphy went on to give an overview of the Town’s Financial Statements for the year ended June 30, 2004 to Council and the audience.
Councilor Morrison asked if the Town will always carry the value of the Municipal Property at cost and not reflect the appreciation. Ms. Murphy stated he was correct. She stated the Town will not reflect appreciation due to the policy of the Government Auditing Standards. She stated that most financial statements do not show appreciation of land purchases.
Mayor Schwarz thanked Lisa Murphy for her presentation.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
UPDATE ON THE BUILD THE BRIDGE, PRESERVE OUR ROAD, INC. COMMITTEE
Mayor Schwarz stated that Sam Taylor from Build the Bridge, Preserve Our Roads, Inc. will give a short presentation to Council and the audience.
Sam Taylor was recognized to speak. Mr. Taylor stated that the Build the Bridge committee, along with some members of the Town of Duck and Town of Southern Shores Councils, and the head of the Currituck County Chamber of Commerce met with the lobbyist to help the committee see if they could get a piece of the highway bill that is going through Congress to do a study of feasibility of creating a public/private partnership to construct a mid-Currituck Sound bridge. He stated the lobbyist owns a home in Corolla and is a friend of Elizabeth Dole. He stated they had a previous discussion and Senator Dole had decided to make this one of her projects. He stated that Congressman Walter Jones is not in support of the mid-Currituck bridge and will not sign the bill in Congress. He stated the bill will be introduced in the Senate in about a week, where funding will be passed for a highway bill.
Mayor Schwarz stated that Congress has a highway bill every six years. He stated that the next chance for funding for construction would be in the year 2011.
Councilor Caviness asked what committee the bill was in. Sam Taylor stated it was with the Highway Committee.
Mayor Schwarz thanked Sam Taylor for his presentation.
DISCUSSION/CONSIDERATION OF A CONTRACT WITH VANASSE HANGEN BRUSTLIN, INC. (VHB) FOR ENGINEERING SERVICES RELATED TO THE MUNICIPAL PROPERTY MASTER PLAN
Town Manager Layton stated that Council had approved the Municipal Property Master Plan, Preferred Alternative, at their February mid month meeting. He stated the next phase of the project is to start the implementation of the Plan, which consists of engineering. He stated that the phasing of the implementation was designed with engineering proceeding on a phase by phase basis. Since that time, it has been decided that the initial engineering should be done up front with the implementation to follow. Town Manager Layton recommended to Council that he be authorized to enter into a contract with VHB for the amount of $228,400 for the engineering services.
Councilor Thibodeau stated she thought it was helpful that VHB showed in their proposal the services that wouldn’t be included. She asked why the contract did not have travel included in it. Town Manager Layton stated the travel referred to in the contract is what would be beyond the scope of the project.
Mayor Pro Tempore Beres thought the contract was very comprehensive.
Mayor Pro Tempore Beres moved to authorize the Town Manager to execute a contract with VHB, Inc. for engineering services related to the Municipal Property Master Plan.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF APPOINTMENTS TO THE COMMUNITY IMPROVEMENT COMMITTEE
Mayor Schwarz stated that at the last Council meeting, a resolution was adopted to establish a community improvement committee but members were not appointed. He stated that a number of people were interested in being part of the committee and it was decided that Lisa Mann, Allen Lehew and George Grinnan should serve.
Councilor Thibodeau moved to appoint Lisa Mann, Allen Lehew and George Grinnan to the Community Improvement Committee.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF RESOLUTION 05-06 APPROVING THE CAMA LAND USE PLAN
Town Manager Layton stated that at their February meeting, Council had approved the CAMA Land Use Plan. As staff was preparing the items to be sent, it wasn’t clear whether a resolution was required. So as not to re-approve the Plan, he recommended approving the resolution that will be submitted with the Plan.
Mayor Pro Tempore Beres moved to adopt Resolution 05-06, adopting the Town’s first CAMA Core Land Use Plan.
Motion adopted 5-0.
DISCUSSION/CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH CAHOON & KASTEN ARCHITECTS FOR A JOINT SPACE NEEDS STUDY OF THE DUCK VOLUNTEER FIRE DEPARTMENT BUILDING
Town Manager Layton stated at Council’s February meeting, he was approved with going forward with obtaining a proposal for a joint space needs study for the police and fire department. He stated that last week he, the fire chief and the police chief met with Ben Cahoon of Cahoon & Kasten to further discuss the needs of the proposal. A proposal was submitted to the Town that includes meetings, surveys, information gathering as well as the building plans and improvements. He stated other site improvements of the fire department will be looked at as well. He stated that the cost for the study would be $7,250. He recommended that Council authorize him to enter into a contract for the service.
Mayor Pro Tempore Beres asked what the timeframe for the study would be before completion. Town Manager Layton stated it would be 45-60 days.
Councilor Thibodeau moved to authorize the Town Manager to enter into a contract with Cahoon & Kasten Architects for a joint space needs study of the Duck Volunteer Fire Department building.
Motion carried 5-0.
NEW BUSINESS
DISCUSSION/CONSIDERATION OF A CONTRACT WITH GET SOLUTIONS, INC. FOR THE STUDY OF DRAINAGE IMPROVEMENTS ON NC12
Town Manager Layton stated that the contract relates to the joint NC12 drainage study. He stated that due to the flooding problem, the Towns of Duck and Southern Shores have worked with the Department of Transportation to secure funding that will be shared with them and match their funding to do a complete drainage study of the NC12 corridor from Southern Shores through Duck. He stated that as part of the project, proposals were solicited from many firms and five were received. One proposal was from GET Solutions, Inc. who works with VHB, Inc. as a subcontractor. After interviewing GET Solutions and another firm, it was determined that GET Solutions, Inc. more closely met the qualifications for the study.
Town Manager Layton recommended Council authorize him to enter into a contract with GET Solutions for the Town’s portion of the drainage study.
Councilor Thibodeau asked if VHB would only be overseeing the work of GET Solutions. Town Manager Layton stated that VHB will be doing the majority of the engineering. He stated that GET Solutions will be primarily doing the soil analysis.
Mayor Pro Tempore Beres asked if October 2005 would be the timeframe for definitive solutions outlined for the Town. Chris Dewitt of VHB, Inc. was recognized to speak. He stated that he was correct.
Councilor Caviness asked if NCDOT would be part of the conversation but not involved. Town Manager Layton stated she was correct.
Councilor Caviness moved to authorize the Town Manager to execute a contract in cooperation with the Town of Southern Shores and NCDOT with GET Solutions, Inc. for the study of drainage improvements on NC12.
Motion carried 5-0.
Mayor Schwarz stated he had received a letter with a copy of a resolution that was submitted by the Tourism Board recommending to the General Assembly that House Bill 831 be repealed related to saltwater fishing licenses.
Councilor Morrison stated that the Tourism Board heard presentations from representatives of the commercial fishing industry who were upset over House Bill 831 that was passed 6-9 months ago by the General Assembly. He stated that they are against requiring a fishing license and feel it does not guarantee any representation by members of the commercial fishing industry. He stated that the Tourism Board adopted a resolution asking for the bill to be repealed. Since that time, he has heard that Senator Basnight is opposed to repealing the bill but has offered to make changes to it. He stated that the Towns of Kitty Hawk and Kill Devil Hills have passed resolutions in support of repealing the bill, but thought that the Towns of Manteo and Southern Shores have only sent letters suggesting changes to the bill.
Mayor Schwarz stated that the Town’s options are to do nothing, adopt a resolution as the Tourism Board has suggested or prepare and send a letter to Senator Basnight and Representative Culpepper expressing the Town’s concerns. He stated he has also heard that Senator Basnight will not repeal the bill.
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that the Towns did not have a lot of discussions, but recognized that their efforts would be better served by recommending some changes in a letter.
Councilor Thibodeau stated she did not have enough information to make any recommendations for changes. She suggested having a further study done on the issue.
Mayor Pro Tempore agreed with Councilor Thibodeau’s comments.
Councilor Morrison stated that the Tourism Board feels that this would be another regulation that will be placed on tourists. He stated he is opposed to the bill, but wasn’t sure it was a fight that the Town would want to take up.
Councilor Caviness asked what drove the bill and why Senator Basnight is opposed to repealing the bill. Town Manager Layton stated that Senator Basnight likes the conservation end of things.
Town Attorney McRee stated that the bill has way of trying to fund conservation and retention of the fisheries. He stated there has been an undercurrent of tension between the recreational and commercial fishermen. He stated that Senator Basnight has wanted to have the licensing in place in order to keep track of the fisheries and provide funding for the study and retention of conservation.
It was consensus of Council to not do anything in regard to the House Bill 831.
DISCUSSION/CONSIDERATION OF DATES FOR BULK TRASH PICK UP
Town Manager Layton stated that the Town has a bulk trash pick up every Spring and Fall. He stated that the Town typically has the Spring pick up around the Easter holiday. He requested that Council decide to have the bulk pick up on April 6, 2005 or April 13, 2005. He felt that having it on April 13, 2005 would give staff more time to advertise and for homeowners to bundle their waste.
Councilor Morrison asked if the pick up was only for vegetative waste or would it include small appliances. Town Manager Layton stated it would not include appliances with hazardous materials such as refrigerators, but would include large items and vegetative waste.
Councilor Thibodeau asked if Waste Management will be sending out a reminder to the citizens regarding the bulk pick up. Town Manager Layton stated that staff will advertise for the pick up.
Mayor Pro Tempore Beres moved to have the bulk trash pick up date set for April 13, 2005.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF AUTHORIZING STAFF AND THE PLANNING BOARD TO EXAMINE A ZONING TEXT AMENDMENT REQUEST RELATED TO ADDITIONS TO EXISTING STRUCTURES
Town Manager Layton stated that as the Town continues to evolve, staff comes across issues that are at an impasse as far as the Town’s ability to make administrative or Council’s ability to make changes or provide flexibility for certain conditions because of the zoning ordinance. Recently, the Town has had a few of those issues arise, one of which is related to an existing structure that exceeded the allowable height requirement. He stated the Town does not have anything in place to provide recourse for this error. He stated that he is requesting Council to authorize the Planning Board and staff in developing some zoning text amendments that would allow the Town to deal with the issues.
Councilor Thibodeau stated she is in favor of providing a remedy for these situations.
Councilor Thibodeau moved to direct the Planning Board to make a recommendation on the requested zoning text amendment.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated that the Town’s request for legislation to authorize police and municipal employees to operate ATVs on highways has been sent to Representative Culpepper with a request that he introduce it. He stated he will keep Council apprised of the decision.
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 Outer Banks Hydrology Management Committee
Town Manager Layton stated that the draft report that Council had received is at Senator Basnight’s office. He stated that once Senator Basnight finishes his review of it and provides comments, a public meeting will then be scheduled.
Update on the Outer Banks Transportation Task Force
Town Manager Layton stated that the Town had provided some funding for matching funds for the Outer Banks Transportation Task Force to work with NC State and their ITRE team to do a transportation study that is not related to construction but looking at other ways to assist with easing traffic issues, including public transportation. He stated there will be a series of public meetings, one on March 7, 2005 at the Pitts Center in Southern Shores and the other on March 9, 2005 at the Hampton Inn in Corolla. He encouraged Council and the audience to attend these meetings.
Update on Upcoming Zoning Public Hearings
Town Manager Layton stated that the Town has initiated two separate zoning requests that will be going before the Planning Board this month and Council at their April 6, 2005 meeting. The first rezoning will rezone the Town property from Village Commercial to Conservation Public Recreation and the second rezoning will reclassify five existing lots in the Duck Ridge Village subdivision from Village Commercial to Single Family Residential.
Budget Amendments
Town Manager Layton stated that the budget amendments transfer $228,400 from the fund balance to Public Buildings to fund the engineering services related to the Municipal Property Master Plan; $15,000 from the contingency fund to Economic and Physical Development: Professional Services to fund the Town’s portion of the NC12 drainage study and; $7,250 from the contingency fund to Public Buildings: Professional Services to fund the joint space needs study of the Duck Volunteer Fire Department building.
Mayor Pro Tempore Beres moved to approve the budget amendments as presented.
Motion approved 5-0.
Financial Statement for the Month of February 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.
MAYOR’S AGENDA
Mayor Schwarz stated that he had previously asked staff to query the homeowners associations as to when their annual meetings will be for this year. He stated that it was discussed at the retreat ways to get information out and get more people involved. He stated that once Council knows when the homeowners associations are meeting, a Council Member could attend the meetings to answer questions. He stated it would be another way for Council to introduce themselves to both full time residents and nonresident homeowners. He stated that one request has been submitted for a Town representative to meet at a homeowners association meeting on March 26, 2005 at 4:00 p.m. He asked Council to think about attending and to let either Town Manager Layton or him know so it could be worked out.
Councilor Caviness asked which subdivision had made the request. Town Manager Layton stated it was the Snow Geese subdivision.
Mayor Schwarz asked how many responses have been received to date. Deputy Town Clerk Lori Kopec stated that all but two subdivisions had responded.
Councilor Thibodeau asked if the meetings are around the same date. Deputy Town Clerk Kopec stated that the meetings are mostly around the Easter and Thanksgiving weekends.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness stated that the Dare County Emergency Management Group that deals with public information during disasters and hurricanes has been meeting to review their plans. She stated they have some plans in terms of getting information out to the public. She stated that Dare County’s position is that they would like to have information disseminated from one central place. She stated there is talk of having a mock exercise that could be County-wide that could happen before Hurricane Awareness week in May. Councilor Caviness stated that the Community Care Clinic of Dare has put out a call for volunteers on Tuesday, March 8, 2005 from 6:00 p.m. – 8:00 p.m. at the Baum Center in Kill Devil Hills.
Councilor Thibodeau stated that she has written an article for the North Beach Sun on the municipal property. She stated it will be in the Spring issue of the paper. She thanked the Land Use Committee and the Municipal Property Committee for all of their hard work. She stated that she will be out of the country for the April meeting and will need to be excused.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, April 6, 2005 at 7:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Beres moved to enter closed session to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee.
Motion carried 5-0. The time was 8:45 p.m.
Upon return from closed session, Mayor Pro Tempore Beres moved to return to open session.
Motion carried 5-0.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0.
The time was 10:10 p.m.
_________________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor