TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
June 1, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, June 1, 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.
SPECIAL PRESENTATION
Introduction of Lifeguards
Town Manager Chris Layton was recognized to speak. Town Manager Layton introduced Mirek Dabrowski, Director of Ocean Rescue, and asked him to introduce the personnel he had brought with him. Mr. Dabrowski introduced each member of Ocean Rescue to Council and the audience.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. He asked that all comments regarding the public hearings be held off.
Don Ramsey of Snow Geese Dunes was recognized to speak. He asked if the Town has any authority to give advice on replacing the soundside bulkhead in Snow Geese Dunes. Mayor Schwarz suggested that Mr. Ramsey contact Planning Director Cotellessa to help him.
There being no one else wishing to speak, he closed the time for public comments.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the April 27, 2005 reconvened meeting, the May 4, 2005 regular meeting and the May 18, 2005 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the April 27, 2005 meeting for changes.
Mayor Pro Tempore Beres had one minor change to the minutes.
Councilor Caviness moved to approve the April 27, 2005 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the May 4, 2005 meeting for changes.
Mayor Pro Tempore Beres had one minor change to the minutes.
Mayor Pro Tempore Beres moved to approve the May 4, 2005 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the May 18, 2005 meeting for changes.
Councilor Thibodeau moved to approve the May 18, 2005 minutes as presented.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of the Proposed FY 2006 Budget
Town Manager Layton was recognized to speak. Town Manager Layton stated that Council has had two work sessions resulting in a consensus in several items, such as a slight reduction in the tax rate from 9.5 cents to 9 cents. He stated that after public comments, Council will need to decide if the consensus reached at the last work session would be what Council wishes to continue with. If so, then a budget ordinance would need to be adopted. Or Council could make additional changes and have another work session.
Mayor Schwarz asked for comments.
Ron Fisher of 134 South Snow Geese Drive was recognized to speak. Mr. Fisher stated that it seemed like Council wanted to accelerate the pace of financing the Municipal Property. He asked what the percentage increase would be in order to have the increased assessments. Mayor Schwarz pointed out to Mr. Fisher that the public hearing is not to answer questions, but to give comments. Mr. Fisher stated that he felt that the Council was looking at accelerating the pace of paying off the Municipal Property. He felt it exceeded what he thought was a reasonable approach to paying off the property. He asked how citizens could learn what the Town will do once the property is paid off. He felt it was unreasonable of Council to pay off the property so quickly and leave the citizens in the dark regarding what Council will do with the tax increase after it is paid off.
Marilyn March of 103 Mallard Drive was recognized to speak. Ms. March stated she had read the article on the budget in The Coastland Times and pointed out that one member of Council had stated the Town should have a big increase now and not have to worry about it later, and that another member liked the 9.5 cent rate. She stated that Council has to give consideration to the working people of Duck that do not own businesses. She stated that if the Municipal Property takes longer, it should be considered. She stated she did not want to see taxes go up, as it would force those that live in Duck to have to find a new place to live elsewhere.
Donna Black of 111 Scarborough Lane was recognized to speak. Ms. Black stated that Council and Town Manager Layton had truly explained the budget to those that attended the work sessions. She stated that Town Manager Layton had made it very easy for citizens to figure out their tax increases at the work sessions. She felt that Council was doing the right thing in increasing taxes now while people are expecting it. She stated that she appreciated the fact that Council took everyone’s interests into consideration for the budget. She stated that she was sorry that not everyone had come to the work sessions to educate themselves on what the budget included and given feedback. She stated that Council had made it very clear that the tax increase is not as drastic as everyone is assuming.
There being no one else wishing to speak, Mayor Schwarz closed the public hearing.
Mayor Schwarz proposed that Council review the budget and come to a final decision at the mid-month meeting. It was consensus of Council to have a mid-month meeting.
Mayor Schwarz stated that, to answer Mr. Fisher’s questions, the Municipal Property improvements were cut by $30,000 in the proposed budget to extend the period to make the improvements. He stated the overall plan for the improvements to the property is a five year plan.
Councilor Morrison stated that, also to answer Mr. Fisher’s questions, the budget did not accelerate the rate of paying off the loan for the Municipal Property. He stated that the Town has a mortgage on the property and will be paid as planned.
Town Manager Layton stated that the mortgage is for fifteen years with $300,000 in principal paid each year with the interest going down each consecutive year.
Public Hearing/Discussion/Consideration of Ordinance 05-08, a Zoning Text Amendment Regarding Site Survey Requirements
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated Council had referred the consideration of the zoning text amendment to the Planning Board regarding survey date requirements. The Planning Board recommended that Council adopt the amendment which places the survey date requirements in a more accessible location within the ordinance and makes it consistent with the survey date requirement in the new land disturbance regulations, which is nine months.
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.
Mayor Pro Tempore Beres asked if nine months would be beneficial. Planning Director Cotellessa stated that the Planning Board had discussed from six months all the way to eighteen months. She stated that nine months seemed the most reasonable. Mayor Pro Tempore Beres stated he was happy with the ordinance.
Councilor Thibodeau moved to adopt Ordinance 05-08, a Zoning Text Amendment Regarding Site Survey Requirements.
Motion adopted 5-0.
Public Hearing/Discussion/Consideration of Ordinance 05-09, a Zoning Text Amendment Regarding Business Directory Signs
Planning Director Cotellessa was recognized to speak. She stated that Council had referred the consideration of the zoning text amendment to the Planning Board regarding business directory signs. The Planning Board recommended that Council adopt the amendment which provides for business directory signs in proportion to the size of the group development project.
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 signs would be conforming under the new ordinance. Planning Director Cotellessa stated that all the group development signs would be conforming with the exception of a few, as they are not directional signs. She went on to show Council and the audience which signs would not be considered group development signs in the ordinance.
Councilor Morrison asked if two signs in Scarborough Faire would have to be removed. Planning Director Cotellessa stated that the two signs in question could either be moved to the deck or counted in with their ground-mounted signage. Their directional sign would fall under the new ordinance.
Councilor Caviness asked if the individual signs for each shop are not counted against the shop. Planning Director Cotellessa stated she was correct.
Mayor Pro Tempore Beres suggested removing the word “close” from the ordinance.
Mayor Pro Tempore Beres moved to adopt Ordinance 05-09, a Zoning Text Amendment Regarding Business Directory Signs.
Motion adopted 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Resolution 05-10, a Resolution of the Town Council of the Town of Duck, North Carolina, Re-establishing a Fee Schedule to be Effective July 1, 2005
Town Manager Layton stated that the fee schedule was discussed at the last Council work session. The fee schedule was adopted on July 1, 2003 and revised on November 6, 2003. Since then, Town staff has been able to study the fees and recommendations concerning the fees to more accurately reflect the activities occurring within the Town. The effects would be revenue neutral. He stated that if the resolution is adopted, the new fee schedule would become effective July 1, 2005.
Councilor Morrison moved to adopt Resolution 05-10, a Resolution of the Town Council of the Town of Duck, North Carolina, Re-establishing a Fee Schedule to be Effective July 1, 2005.
Motion adopted 5-0.
NEW BUSINESS
Discussion/Consideration of Resolution 05-11, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Fraud Policy
Town Manager Layton stated that as part of the Management Letter that accompanied the FY 2004 audit, it was recommended that the Town adopt a fraud policy. The resolution would formalize an approach to prevention, discovery, management and prosecution of fraud cases within the Town.
Councilor Thibodeau moved to adopt Ordinance 05-11, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Fraud Policy.
Motion adopted 5-0.
Town Manager Layton stated that as a second part of the Management Letter that accompanied the FY 2004 audit, it was recommended that the Town adopt a vital records disaster recovery policy. The resolution would establish a policy that would protect the Town’s records to ensure there is continuity of operations in the event of a disaster.
Councilor Morrison asked where the off-site storage location would be for the vital records. Town Manager Layton stated it is at the police department.
Mayor Pro Tempore Beres asked when the Town could convert from paper to paperless records. Town Manager Layton stated that the majority of the Town’s records are backed up on the Town’s server as well as a separate media source for the financial records.
Mayor Pro Tempore Beres moved to adopt Resolution 05-12, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Vital Records Disaster Recovery Policy.
Motion adopted 5-0.
Discussion/Consideration of an Amendment to Article IV, Section 16, Third Shift Pay, of the Town of Duck Personnel Policies
Town Manager Layton stated that the Town’s current personnel policies state that any law enforcement officer who is regularly scheduled to work the third shift shall receive a five percent increase added to their base pay. He stated that if the budget is approved and a new police officer is hired, there is a desire with the police officers to have a scheduling shift where each officer would work a night shift at some point. He stated that the policy applies to those officers whose main shift is the third shift. He stated he is proposing to change the policy to state that any law enforcement officer permanently scheduled for the third shift would be entitled to the five percent increase.
Mayor Pro Tempore Beres asked if an officer is working ninety-five percent of the time on the night shift, would he/she be considered a third shift employee. Town Manager Layton stated he would.
Councilor Morrison moved to adopt the amendment to Article IV, Section 16, Third Shift Pay, of the Town of Duck Personnel Policies.
Motion adopted 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, permit activity and surf rescue activity reports to Council.
Upcoming Board of Adjustment Appointments
Town Manager Layton reminded Council that they would need to re-appoint members to the Board of Adjustments as well as choosing an alternate at their July 6, 2005 meeting.
Mayor Schwarz suggested that if Council had any potential members to consider as an alternate for the Board of Adjustments to let Town Manager Layton or him know.
Request to Direct the Planning Board to Examine the Issue of Lot Coverage
Town Manager Layton stated that the request comes due to the fact that Planning Director Cotellessa has been challenged frequently over her interpretation of what comprises lot coverage. The Zoning Ordinance is mostly silent on specific issues and he is recommending that the Planning Board examine the issue to provide guidance to Planning Director Cotellessa.
It was consensus of Council to direct the Planning Board to examine the issue of lot coverage.
Update on Discussion of Planning Board By-Laws
Town Manager Layton stated that the Planning Board is intending to change their By-laws to alter their regularly scheduled meeting date and time. They are expecting to adopt the By-law change at their June 8, 2005 meeting, changing their meetings to the second Wednesday of each month at 6:30 p.m. If it is approved, the change will be brought before Council for approval.
Update on new FEMA Flood Maps
Town Manager Layton stated that the new FEMA flood maps have been issued and there will be a presentation for public officials on June 6, 2005 at 1:00 p.m. at the Dare County Commissioners Board Room. The meeting is specifically for Town Councils, Planning Boards and other local officials, with a general public meeting at a future date.
Financial Statement for the Month of May 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 thanked Town Manager Layton and Mayor Pro Tempore Beres for making the meeting so easy for him on his first day back from his trip.
COUNCIL MEMBERS’ AGENDA
Councilor Thibodeau stated that she had attended another affordable housing meeting, which was very productive. She encouraged the audience to obtain a copy of the proposed changes to the budget as well as the budget ordinance. Town Manager Layton stated the proposed changes would be available on the Town’s website within the next two weeks.
Councilor Caviness stated she had attended a Dare County Emergency Management meeting which hosted a gentleman from the U.S. Fire Administration, who conducted a workshop at the meeting. She pointed out that if you took the number of people on the Outer Banks and put them in the middle of an emergency and times it by one thousand, it gives you the number of inquiries generated during an emergency episode. She stated she hoped the AM station would help defer some of these calls if there is an emergency this year.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, June 15, 2005 at 1:00 p.m. as a final budget workshop.
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:05 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor