TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
July 6, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, July 6, 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.; Police Chief A. Dale Hamilton; 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.
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 June 1, 2005 regular meeting and the June 15, 2005 mid-month meeting. Mayor Schwarz directed Council to review the minutes from the June 1, 2005 meeting for changes.
Councilor Thibodeau had one change to the minutes. Mayor Pro Tempore Beres had one change to the minutes as well.
Councilor Morrison moved to approve the June 1, 2005 minutes as amended.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the June 15, 2005 meeting for changes.
Mayor Pro Tempore Beres moved to approve the June 15, 2005 minutes as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on the Build the Bridge Committee
Allan Starr was recognized to speak. Mr. Starr gave a short update on the progress of the Build the Bridge Committee’s activities to Council and the audience.
Mayor Schwarz thanked Mr. Starr for his time.
Discussion/Consideration of Appointments to the Town of Duck Board of Adjustment
Mayor Schwarz stated that the current members of the Board of Adjustment’s terms have expired. He stated the ordinance requires five (5) regular members and two (2) alternates be appointed. He stated that since he had not received any other suggestions on an alternate, he proposed that Ken Benton be the second alternate. He stated that Mr. Benton owns property in Tuckahoe; spends half of the year in Duck and is willing to serve as an alternate on the Board of Adjustments.
Mayor Pro Tempore Beres moved to re-appoint the five existing members of the Board of Adjustment, the one existing alternate as well as appointing the new alternate to the Board.
Motion carried 5-0.
Discussion/Consideration of Town of Duck Planning Board Bylaws
Planning Director Cotellessa was recognized to speak. She stated that the bylaws were previously approved by Council. The Planning Board has approved a change in the bylaws, changing their meeting day from Friday to Wednesday. They have also set their meeting time at 6:30 p.m. to accommodate more attendance from the public.
Councilor Thibodeau asked when the change would be effective. Planning Director Cotellessa stated it would take effect immediately.
Councilor Morrison moved to adopt the change in the Planning Board bylaws, moving the meeting from Friday to the second Wednesday of each month.
Motion carried 5-0.
Update on Municipal Property Master Plan
Town Manager Layton stated that there has been a lot of discussion on what to do with the Rodgers House. The original recommendation from the Municipal Property Master Plan Study Committee was to take it down and replace it with an exact replica. That was altered slightly in the final analysis by Council. He stated that as part of the contract with VHB, an architect was brought in from Tymoff & Moss to make further recommendations. The architect recommended demolishing the house without preserving any materials from the current structure. He stated the architect prepared some new drawings on what to do with the footprint of the house to the new Committee. The architect suggested a building with restrooms as well as a meeting room or visitor center. The recommendation from the Municipal Property Advisory Committee was to authorize the removal of the house without saving any part of it, which was different from the original Master Plan. He asked Council for their approval before following through.
Councilor Thibodeau asked what the timetable would be to take down the Rodgers House. Town Manager Layton stated it would be done the second week of July.
Paul Keller was recognized to speak. Mr. Keller stated it was a clear choice of the Committee to take the house down.
Mayor Pro Tempore Beres moved to authorize the Town Manager to arrange for the removal of the Rodgers House as soon as possible.
Motion carried 5-0.
Chris Dewitt from VHB was recognized to speak. Mr. Dewitt gave a short update on the progress of the Municipal Property to Council and the audience, including a preliminary site and engineering plan along with the wetlands delineation and confirmation.
Mayor Schwarz asked if the drainage issue at the property would be part of the drainage study. Chris Dewitt stated it is part of the study.
Update on NC 12 Drainage Study
Town Manager Layton stated that the Towns of Duck and Southern Shores as well as NCDOT had a kickoff meeting recently to let the public know that they are actively working on the problem and are trying to take a comprehensive look at it. He stated that the Town is in it because of the various areas of flooding in Town. The purpose of the kickoff meeting was to have the public inform the Towns and NCDOT of where the worst flooding problems are. He stated that the questionnaire that Council had in their packets is available online or in the Town’s office. He encouraged the audience to pick up a questionnaire and fill it out.
Chris Dewitt from VHB was recognized to speak. Mr. Dewitt stated that a good amount of questionnaires have been turned in so far. He reviewed the questions on the questionnaire to Council and the audience and how VHB uses that information.
Councilor Caviness asked if the questionnaires would be able to be submitted beyond the July 8, 2005 deadline. Chris Dewitt stated they would. Councilor Caviness asked how much longer past the deadline date they would be accepted. Mr. Dewitt stated he would accept them up to a few weeks past the deadline date.
Town Manager Layton updated Council and the audience on the pumping activity throughout the flood prone areas in Town.
Allan Starr was recognized to speak. Mr. Starr asked if the area just south of Sunset Grille is part of the drainage study. Chris Dewitt stated it was not and that he would get more information on that area.
Mayor Schwarz encouraged the audience to fill out the questionnaire and mail it in.
Discussion/Consideration of an Amendment to the Municipal Property Master Plan Contract to add a Scope of Work related to the Feasibility Study of a Soundside Boardwalk and Conceptual Study of a West-side Multi-use Path
Town Manager Layton stated that this is a project that has been discussed for some time. He stated the Town is now at the point where the soundside boardwalk along with the proposed expansion of the bike path could be put in to this fiscal year to move forward with decisions related to the bike path and the grant, as well as beginning the boardwalk feasibility. He stated that the contract would not exceed $40,000. He stated that when it’s done, the Town will know what to do to build a boardwalk and will have a good idea as to whether the Town would get permission to do so. In regard to the bike path, it would identify the problem areas for a west side trail so it could be prioritized and determine what, if, and how the Town wishes to proceed with the project.
Councilor Caviness asked Town Manager Layton to elaborate on the section of the contract that refers to the Waterfront Shops. Town Manager Layton stated it would be a concept that would not provide multiple options for a boardwalk by the Waterfront Shops.
Mayor Pro Tempore asked what the points would be for the west side trail. Town Manager Layton stated it would be for the whole corridor.
Councilor Morrison asked if the Trail would run north and south of the Village. Town Manager Layton stated he was correct.
Councilor Thibodeau moved to approve the contract and authorize the execution of the contract by the Town Manager.
Mayor Pro Tempore Beres asked what the proposed completion date would be. Town Manager Layton stated he hopes it to be approximately six (6) months.
Motion carried 5-0.
NEW BUSINESS
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton introduced Tara Armstrong as the newest Town of Duck police officer. He stated that Officer Armstrong is a new officer and he is very excited to have her on board.
Presentation by Justin Schnute, U.S. Coast Guard regarding Automated Defibrillators
Justin Schnute was recognized to speak. Mr. Schnute stated that he is with the U.S. Coast Guard as well as being a member of the Duck Volunteer Fire Department. He stated he is an emergency first responder. Mr. Schnute went on to show a short presentation to Council and the audience regarding automated defibrillators.
Mr. Schnute gave a history on the automated defibrillators as well as showing Council and the audience an actual defibrillator and how it works. He stated his goal is to have twenty (20) defibrillators in Duck at various areas, along with training for people on how to use them. He stated he was not at the meeting to ask for money from Council, but to get Council’s support for the defibrillators.
Councilor Caviness asked what the timeframe would be to get the defibrillators. Mr. Schnute stated that the training would be the most difficult and time consuming. He stated that the program would not happen this year but he hoped it would be implemented next summer.
Councilor Thibodeau asked if the training included CPR. Mr. Schnute stated it would include CPR.
Councilor Thibodeau asked how Mr. Schnute came up with 20 defibrillators. Mr. Schnute stated that 20 would be a step in the right direction as the police department requested six (6) for each patrol car, the lifeguards would have three (3) and the remaining eleven (11) would be set up at different restaurants in Town.
Mayor Pro Tempore Beres asked if he had any preliminary discussions with the Visitors Bureau regarding grants. Mr. Schnute stated he had not. He then proceeded to give Councilor Morrison, a member of the Visitors Bureau, a CD on defibrillators to take to the Bureau.
Mr. Schnute stated his intent of his presentation was not to ask for money but to ask for support as he asks others for money.
Mayor Schwarz thanked Mr. Schnute for his presentation. He stated that Council needs to support Mr. Schnute’s efforts in any way possible.
Allan Starr was recognized to speak. Mr. Starr stated that the contract with George Mannina had expired June 20, 2005. The current request is that the towns and participants continue to participate for a two (2) month period with the understanding that if the project gets approved, each participant would receive a pro-rata reduction in the fee. The same goes for if the project does not make the final cut.
Town Manager Layton stated that in discussions he had with John Wander, he indicated that the cost would not exceed $2,000 for this two (2) month period for each participant.
Mayor Pro Tempore Beres moved to authorize up to $2,000 to continue using George Mannina as a lobbyist in his efforts related to the Mid-Currituck bridge.
Motion carried 5-0.
Discussion/Consideration of Resolution No. 05-13, a Resolution Authorizing the Execution of an Interlocal Agreement for a Group Self-Insurance Pool for Property and Liability Risk Sharing
Town Manager Layton stated that the Town of Duck, along with the majority of the municipalities in North Carolina, participates in the North Carolina League of Municipalities property and liability insurance programs. He stated that several housekeeping changes were made to the Interlocal Agreement related to membership in the program. He stated the resolution authorizes the execution of the rewritten Interlocal Agreement.
Mayor Pro Tempore had one grammatical change to the resolution.
Councilor Caviness moved to approve Resolution 05-13, a Resolution Authorizing the Execution of an Interlocal Agreement for a Group Self-Insurance Pool for Property and Liability Risk Sharing, as amended.
Motion approved 5-0.
Discussion/Consideration of Contracts Related to Storm Debris Clean up
Town Manager Layton stated that after Hurricane Isabel, the Town contracted with Waste Management for storm debris removal. He stated that he didn’t think he could contract with them again under their rules. He stated that the managers of the Towns of Duck, Nags Head and Southern Shores had decided to send out a request for proposal for storm debris services in the event of a hurricane or other major disaster. He stated that the Town of Nags Head took the lead in the effort and made a recommendation that was approved by their Board of Commissioners to enter into a memorandum of understanding with two different firms – one a local firm and one a national firm. The recommendation that was made was to develop two memorandums of understanding that if their services are needed, the Towns will put the contract into effect under the terms that they submitted. He stated that the recommendation to the Nags Head Board of Commissioners was to use Coastal Contractors of the Outer Banks for smaller storms and use Storm Reconstruction Services, Inc. for larger storms. He recommended following Nags Head’s lead.
Councilor Thibodeau moved to authorize the execution of two contracts for storm debris removal.
Motion carried 5-0.
Discussion/Consideration of Resolution No. 05-14, Accepting the FY 2006 North Carolina Governor’s Highway Safety Program (GHSP)
Town Manager Layton stated that the police department had applied for a grant from the North Carolina Governor’s Highway Safety Program for the purchase of some safety equipment. The total cost of the items is $20,900. The grant will cover $16,275, with the Town providing a match of $4,625. He stated that the match would come from existing Police Department funds and once the funds are received, a budget amendment will be prepared, appropriating the funds into the Police Department budget. He stated the resolution authorizes him and the Police Chief to sign off on the grant and commits the Town’s share of the funding.
Councilor Caviness moved to adopt Resolution 05-14, Accepting the FY 2006 North Carolina Governor’s Highway Safety Program.
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 in open session.
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 permit activity, fire department activity, police department activity and surf rescue activity reports to Council.
Update on Currituck Sound Area Transportation Study Collaborative Committee
Town Manager Layton stated that on June 2, 2005, the first collaborate meeting of the Committee was held. He stated that the study has suffered due to the turnover of the project managers. One of the more discouraging items was that there wasn’t a clear answer as to why the project is taking so long. He stated that Dan Scanlon from Currituck County is very much in favor of the Mid-Currituck Bridge. He went on to review the Committee’s schedule for the bridge construction with Council and the audience.
Mayor Schwarz stated that participants had expressed frustration with the process at the meeting. He stated that there has been no progress at all since the Committee met in 2004. He stated he came away from the meeting without any good feelings.
Mayor Pro Tempore Beres stated that various organizations had come to the meeting – the U.S. Fish & Wildlife, the Army Corps of Engineers and the Division of Water Quality. He stated that all the reasons the organizations are giving for the bridge sound great, but things need to get done. He stated he was very skeptical when he left the meeting.
Town Manager Layton stated that even the stakeholders are not on the same page.
Councilor Thibodeau pointed out that the evaluation talks of widening NC 12 to four lanes, when in reality it would mean that the road would be 4 lanes with a turning lane, making it a 5 lane road. She asked that the Committee be made aware of that at the next meeting.
NCLM Conference
Town Manager Layton stated that the North Carolina League of Municipalities conference will be held on October 16 through 18 in Hickory, North Carolina. He stated he wanted to make Council aware of the meeting in case any member wished to attend. He stated that registration will begin in August.
Joint Council/Planning Board Meeting Scheduled for July 20, 2005
Town Manager Layton stated that the regular mid-month meeting, scheduled for July 20, 2005 at 1:00 p.m., will be a joint meeting with the Planning Board to discuss items submitted under the Village Commercial Development Option. He stated that items to be discussed will be the expansion of the Blue Point Restaurant and issues related to the Waterfront Shops. He stated that he hoped that Herron’s Waterfront Restaurant would also be discussed as well.
Financial Statement for the Month of June 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
Update on Shoreline Protection Committee
Mayor Schwarz stated that the Shoreline Protection Committee had met on June 21, 2005. He stated that Warren Judge is the chairman with Richard Johnson and Mike Johnson of Dare County as well as the mayors of each town, with the exception of Manteo, are the members of the committee. He stated the first meeting was an organizational meeting. He stated the next meeting will be held on July 26, 2005 at 5:30 p.m. at the Kill Devil Hills Town Hall. He encouraged Council and the audience to attend the meeting.
Mayor Schwarz discussed the Town’s 4th of July parade with Council and the audience. He pointed out how the two disabled veterans that were invited to the parade were an inspiration to everyone. He stated that the parade was an effort that was well worthwhile.
Mayor Schwarz pointed out that he had received a letter stating that the Duck Post Office will not be closed and will continue to be open and run by Chuck Burdick.
COUNCIL MEMBERS’ AGENDA
Councilor Morrison stated that The New York Times ran a nice article regarding the Town of Duck and encouraged the audience to read it.
Councilor Thibodeau stated she had located an article regarding fund balances for the different towns. She went on to hand out copies of the article to Council.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, July 20, 2005 at 1:00 p.m. as a joint meeting with the Planning Board.
CLOSED SESSION
Mayor Pro Tempore Beres moved to enter closed session to consult with an attorney to establish or to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price or other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. He further moved to enter into 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 8:50 p.m.
Upon return from closed session, Councilor Thibodeau moved to go into open session.
Motion carried 5-0.
There being no further business, Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:45 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor