TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
May 4, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, May 4, 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; 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.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments regarding the public hearing be held off.
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 April 6, 2005 regular meeting and the April 20, 2005 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the April 6, 2005 meeting for changes.
Councilor Morrison had one minor change to the minutes.
Mayor Pro Tempore Beres moved to approve the April 6, 2005 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the April 20, 2005 meeting for changes.
Councilor Caviness moved to approve the April 20, 2005 minutes as presented.
Motion carried 5-0.
PRESENTATION BY MR. ROBERT WOODARD, CHAIRMAN, DARE COUNTY TOURISM BOARD, AND MS. CAROLYN MCCORMICK, MANAGING DIRECTOR OF THE OUTER BANKS VISITORS BUREAU
Mayor Schwarz stated that the Dare County Tourism Board would be making a presentation. He asked Councilor Morrison to introduce the two members of the Board.
Councilor Morrison was recognized to speak. He stated that he has been a member of the Tourism Board as the Town’s representative. He stated that during that time, he has gotten to know Mr. Woodard and Ms. McCormick. He gave a short background on the two members to Council and the audience.
Robert Woodard was recognized to speak. Mr. Woodward gave a short presentation to Council and the audience on the stewardship of the Dare County Tourism Board and how they work with each Town in the County.
Mayor Schwarz thanked Mr. Woodard and Ms. McCormick for their presentation.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Ordinance 05-06, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina regarding Land Disturbing Activities Standards and Permitting and Definition of Building Height
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated that staff and the Planning Board have been working on a set of zoning text amendments related to the placement of fill material in Town. There is presently a moratorium in effect, regarding fill. The ordinance would replace the moratorium by accomplishing the following: allowing homeowners to fill lots to at least base flood elevation, permit homeowners to fill to the level of adjacent lots, and permit fill for house pads one foot above any health department required level of fill. She stated that the Planning Board recommended adoption of the ordinance.
Mayor Schwarz asked for comments.
There being no one wishing to speak, Mayor Schwarz closed the public hearing.
Mayor Schwarz asked Council for comments or questions.
Councilor Thibodeau asked if the total amount of fill would take away from the height of the building due to changing ground flood elevation. Planning Director Cotellessa pointed out the second page of the ordinance that shows the elevation and how fill is determined.
Councilor Morrison moved to adopt Ordinance 05-06, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina regarding Land Disturbing Activities Standards and Permitting and Definition of Building Height.
Motion approved 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update from the Build the Bridge, Preserve Our Road Committee
John Wander of Build the Bridge, Preserve Our Road Committee was recognized to speak. Mr. Wander gave a short update on the progress of the Committee’s activities over the past month.
Mayor Schwarz thanked Mr. Wander for his presentation.
Update on the Planning Board’s Activities
Ron Forlano was recognized to speak. Mr. Forlano gave a short review of the Planning Board’s activities to Council and the audience.
Mayor Schwarz thanked Mr. Forlano for his presentation.
Appointments to the Town of Duck Planning Board
Mayor Schwarz stated that Ron Forlano and Jon Britt’s term as the Planning Board Chairman and Vice Chairman had expired as of May 1, 2005. He stated that both members have agreed to be re-appointed to serve.
Mayor Schwarz opened the floor for additional nominations to the Planning Board. There being none, he closed the time for nominations.
Mayor Pro Tempore Beres moved to appoint Ron Forlano and Jon Britt to the Planning Board for a term expiring May 1, 2008.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Ordinance 05-07, an Ordinance Amending Ordinance 05-05, Prohibiting Parking of Vehicles in Certain Places within the Town of Duck
Town Manager Layton stated he had received a letter from the Gulls Flight Homeowners Association requesting that the subdivision be added to the list of subdivisions in which parking can be enforced by the police department.
Councilor Caviness moved to approve Ordinance 05-07.
Motion approved 5-0.
Mayor Schwarz stated that the Town had received a letter from the United States Coast Guard Auxiliary, requesting that the Town of Duck proclaim the week of May 21 through May 27, 2005 as National Safe Boating Week.
Mayor Pro Tempore Beres moved to adopt Resolution 05-07.
Motion adopted 5-0.
Discussion/Consideration of Resolution 05-08, a Resolution Declaring the Week of June 5 through June 11 as Rip Current Awareness Week
Mayor Schwarz stated that the Town had received a letter from Governor Michael Easley, requesting that the Town of Duck proclaim the week of June 5 through June 11, 2005 as Rip Current Awareness Week.
Councilor Thibodeau moved to adopt Resolution 05-08.
Motion adopted 5-0.
Discussion/Consideration of Resolution 05-09, a Resolution Supporting Senate Bill 856
Town Attorney Donald I. McRee was recognized to speak. Town Attorney McRee stated that in 2003, the North Carolina Court of Appeals made a ruling which altered established practice by requiring that public entities release information that its lawyers prepare for trial. He stated that legislation has been introduced in the form of SB 856, which would reverse the effects of this decision. He stated the resolution would show the Town’s support of SB 856.
Mayor Pro Tempore Beres moved to adopt Resolution 05-09.
Motion adopted 5-0.
Appointment to the Duck Trail Advisory Committee
Mayor Schwarz stated that due to Joe Britt moving to Manteo, a vacancy on the Duck Trail Advisory Committee exists. He stated that Avery Harrison, who was on the Municipal Property Master Plan Study Committee, has indicated that she would like to serve on the Committee. Mayor Schwarz opened the floor for additional nominations to the Duck Trail Advisory Committee. There being none, he closed the time for nominations.
Councilor Thibodeau moved to appoint Avery Harrison to the Duck Trail Advisory Committee.
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.
Planning Board Items
Town Manager Layton stated that two zoning text amendments are coming up. He asked Council to recommend directing the Planning Board to examine and make recommendations to revise the requirement for current survey plat submission and to provide for business directory signs in group developments.
Mayor Pro Tempore Beres moved to direct the Planning Board to examine and make recommendations on the two items.
Motion carried 5-0.
Budget Amendments
Town Manager Layton stated that the budget amendments transfer $5,400 from the contingency fund and $7,000 from the Fund Balance to Police to cover the costs associated with the AM public information radio system.
Councilor Caviness moved to approve the budget amendments as presented.
Motion approved 4-1 with Mayor Pro Tempore Schwarz dissenting.
Financial Statement for the Month of April 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 Authorizing the Town Manager to Release Funding to the Duck Volunteer Fire Department Currently Being Held in Reserve
Town Manager Layton stated that when the Town took over the personnel management for the Fire Department, $131,355 was held in reserve to cover salaries in case a separate Administrative Assistant was to be hired. However, it has worked out, so additional money is available in the appropriation. He stated he received a letter from the Fire Department Board of Directors asking that the Town release $27,000 of the balance to cover costs associated with their purchase of a new pick up truck.
Mayor Pro Tempore Beres moved to authorize the Town Manager to release the funds.
Motion carried 5-0.
Town Manager Layton stated that the Town of Southern Shores has determined that it is in the public interest to have mile marker signs on NC 12, similar to what is on Highway 158. He stated that the Town of Southern Shores would like the Town of Duck to be on board for this project. The Town would have to purchase the signs, with the cost being approximately $20 per sign, to be placed on the side of the road as well as on the beach. He stated that staff has discussed this and does not have a problem with the concept. He stated the mile markers would start at the Kitty Hawk and Southern Shores line and work down through Duck and on to Currituck. He recommended Council adopt a wait and see attitude. He pointed out that NCDOT is not in favor of the idea and was not sure if the Tourism Board was in favor of it.
Councilor Morrison stated that the mile markers have been a help in the past, however the signs are not on the Beach Road in Kitty Hawk and Kill Devil Hills anymore as people are stealing them.
Councilor Caviness stated she could see having the signs on the beach, but not on NC 12.
It was consensus of Council to take a wait and see attitude on the mile marker project.
Town Manager Layton gave Council and the audience an update on the status of the Duck Post Office.
MAYOR’S AGENDA
Mayor Schwarz stated that he wanted to point out that the Town has been in existence for three years as of May 1, 2005. He felt the Town has made great strides in the short time since it has been incorporated. He stated the Town has a lot to be proud of and a lot to strive for, especially the challenge of keeping NC 12 as a two lane road. He encouraged the audience to support the Build the Bridge Committee.
COUNCIL MEMBERS’ AGENDA
Councilor Thibodeau stated that the CDC had put out a quarterly report and encouraged the audience to read it.
Mayor Pro Tempore Beres stated that he will be attending the NC Department of Transportation’s TIP meeting on Wednesday, May 11, 2005 in Edenton. He encouraged the audience to attend.
Councilor Morrison asked Town Manager Layton why NC DOT had not reduced the speed limit from 45 to 35 miles per hour as they usually do on April 15 of each year. Town Manager Layton stated that the Town has contacted NC DOT regarding the speed limit issue, but have not received an explanation on it. He stated that the Fire Chief, Police Chief and he would be meeting with members of NCDOT on May 5, 2005 and would address the issue with them at that point.
Councilor Caviness stated that the Dare County JIS had met earlier in the day. She wanted to clarify that the meeting scheduled for the end of May would only include the JIS group and not include all towns.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, May 18, 2005 at 1:00 p.m. as a budget workshop.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:15 p.m.
_________________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor