TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
August 3, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, August 3, 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; Interim Fire Chief Donna Black; Ocean Rescue Director Mirek Dabrowski; 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 in regard to the Public Hearings be held off.
Rick Fagersten of 101 Dune Road was recognized to speak. Mr. Fagersten wanted Council and the audience to know that there is not a riff between the Duck Volunteer Fire Department Board of Directors and the Town. He went on to read a prepared statement to Council and the audience regarding the resignation of the Fire Chief and how the fire department is doing very well since then even though the fire department does not understand why the Fire Chief was forced to resign. He asked that the Board be kept abreast of personnel issues regarding the fire department.
Bart Smith of 121 Sea Hawk Drive West was recognized to speak. Mr. Smith stated that there are times when tough decisions need to be made and are not always popular, but the positions the Town Council and Town Manager take are not to be in a popularity contest. He commended Council and Town Manager Layton for being individuals that make the tough decisions and is excited about the future of the fire department.
Carolyn Rardin of 154 Ocean Way was recognized to speak. Ms. Rardin stated that she had wanted to add a room to her home last year and lost a year trying to get permits. She stated she wanted to put in a recreation room in the home for her grandchildren and got all the permits, which took the entire summer. She stated that she did finally get the addition finished. She stated that she understands the procedures that the Town has in place, but cannot understand how the house in Founders Ridge received a permit for the addition to it. She stated that the Town cost her an additional seven thousand ($7,000) dollars with its “foolishness” on a house that had an additional room put on, but did not change the footprint of the home at all. She stated that she had to get two additional surveys when nothing was changed in the home. She stated that other people on her street have had the same problem.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers echoed Ms. Rardin’s comments regarding the house at Founders Ridge. He stated that he has heard from more people who are upset about this home. He stated that even though the owner met all the criteria for the addition, something is wrong and needs to be changed. He suggested putting a limitation on the number of square feet of living space and have it relate to the parking spaces and the size of the lot. He thought that if people want to build a large home, they should purchase more than one lot.
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 July 6, 2005 regular meeting and the July 20, 2005 joint meeting. Mayor Schwarz directed Council to review the minutes from the July 6, 2005 meeting for changes.
Mayor Pro Tempore Beres moved to approve the July 6, 2005 minutes as presented.
Motion carried 5-0.
Mayor Schwarz directed Council to review the minutes from the July 20, 2005 meeting for changes.
Councilor Caviness had one change to the minutes.
Mayor Pro Tempore Beres moved to approve the July 20, 2005 minutes as amended.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Conditional Use Permits Related to the Waterfront Shops
Mayor Schwarz directed Planning Director Cotellessa to review the Conditional Use Permits. Planning Director Cotellessa stated that the Council had a joint work session with the Planning Board on July 20, 2005. She stated that this public hearing is a series of four (4) actions – three (3) conditional use permits and one (1) special exception to accomplish an extension to the existing Blue Point Restaurant, to add a deli in place of vacant space next to the Town office, to amend the Group Development permit for the Waterfront Shops and provide a parking special exception. She went on to review each permit with Council and the audience.
Town Manager Layton swore in the individuals wishing to speak at the public hearing.
Mayor Schwarz asked for comments. Jim Braithwaite was recognized to speak. Mr. Braithwaite stated that he had tried to address all the issues from the July 20, 2005 meeting and felt he had done so. He reiterated that it’s a good project and that the restaurant expansion would be a good quality job.
Mayor Schwarz asked Council for their comments or questions.
Councilor Thibodeau asked what the signage and lighting requirement would be for the Waterfront Shops. Planning Director Cotellessa stated that there are conditions that require the applicant to get all signage approved and completed within ninety (90) days. She stated that there are presently two signs permitted but will be changed to one sign for the entire shopping center. She stated that, with regard to the lighting, the applicant will put in low level lighting that is shielded downward and inward of the site. Councilor Thibodeau asked if ninety days would be enough time to get everything accomplished. Planning Director Cotellessa stated it should be enough. Councilor Thibodeau asked if down lit signs would be required. Planning Director Cotellessa stated the new sign will have to be down lit.
Councilor Caviness asked if there is a dumpster at the north end of the property. Mr. Braithwaite stated that there is. She asked if the proposed dumpster would be larger than the existing one. Mr. Braithwaite stated it would be larger. She asked if Mr. Braithwaite is confident that the dumpster area would be large enough to accommodate the existing trash collection as well as the rollout carts that will be located at the south end of the property. Planning Director Cotellessa stated that the trash has not overflowed in the past and the deli should not cause a lot more trash accumulation.
Jim Braithwaite stated that it has been a pleasure dealing with the Town staff.
John Power was recognized to speak. Mr. Power thanked Council for the approach they are taking with the idiosyncrasies in Duck. He stated that the Blue Point Restaurant will be changing in size but not in philosophy. He hoped that the relationship between the Town and the restaurant has been mutually beneficial.
There being no other comments, Mayor Schwarz closed the public hearing.
CUP 05-02 to Approve a New Conditional Use Permit and Conceptual Site Plan under the Village Commercial Development Option to Allow for Customized Bulk and Lot Area Site Conditions
Councilor Morrison moved to approve CUP 05-02 to approve a new Conditional Use Permit and Conceptual Site Plan under the Village Commercial Development Option to allow for customized bulk and lot area site conditions.
Motion approved 5-0.
CUP 05-03 to Amend the Group Development Project Conditional Use Permit and Conceptual Site Plan to Allow a New Deli in Place of Vacant Retail Space and Expand the Blue Point Restaurant Building
Councilor Morrison moved to approve CUP 05-03 to amend the Group Development Project Conditional Use Permit and Conceptual Site Plan to allow a new deli in place of vacant retail space and expand the Blue Point Restaurant building.
Motion approved 5-0.
CUP 05-04 to Amend the Conditional Use Permit for the Blue Point Restaurant to Allow Expansion and Increased Seating
Councilor Morrison moved to approve CUP 05-04 to amend the Conditional Use Permit for the Blue Point Restaurant to allow expansion and increased seating.
Motion approved 5-0.
SE 05-02 Parking Special Exception
Councilor Morrison moved to approve Special Exception 05-02, Parking Special Exception.
Motion approved 5-0.
Mayor Schwarz thanked Jim Braithwaite and those who worked with him on the project. He stated the Town is looking forward the changes.
Mayor Pro Tempore Beres thanked Planning Director Cotellessa as well.
Public Hearing/Discussion/Consideration of Conditional Use Permits Related to Herron’s Waterfront Restaurant
Mayor Schwarz directed Planning Director Cotellessa to review the Conditional Use Permits. Before she started, Town Manager Layton swore in the individuals wishing to speak at the public hearing. Planning Director Cotellessa stated that this was the second item under the Village Commercial Option. She stated that Herron’s Waterfront Restaurant has been operating under an existing Conditional Use Permit for Swan Cove Restaurant that was approved by Dare County a few years ago. She stated the restaurant site and the lot across the street from it were not developed in accordance with the requirements of the Conditional Use Permit that Dare County placed upon the restaurant.
Planning Director Cotellessa stated that Mr. Herron is running the restaurant and is trying to breathe life into it, which he has been successful so far. Part of the restaurant includes a comedy club on the second floor as well as additional seating. She stated that these are not in conformance with the regulations. She stated she met with Mr. Herron and asked him to get a survey of the property, which he brought in to staff. He is asking for approval to keep the restaurant and comedy club going. She went on to review the recommendations that staff has made to Mr. Herron with Council and the audience.
Rick Herron was recognized to speak. Mr. Herron stated that he hadn’t reviewed all the changes with Planning Director Cotellessa. He stated he is going to ask for leniency on the access for deliveries.
Mayor Schwarz asked Council for comments or questions.
Councilor Thibodeau stated that she is happy that the restaurant is doing better. She asked for clarification on the requirements that Mr. Herron would have to follow to keep the restaurant open. Planning Director Cotellessa stated she expects to meet with Mr. Herron and a site engineer to be sure that they address all of the ways the site does or does not meet the Town’s requirements and which times it would be appropriate to come to Council. She stated she would be looking at all of the requirements of the site plan and see how many Mr. Herron is able to meet on the site reasonably and which ones he would have to come and ask for relief on. Once that is sorted out, she would recommend he come forward again with the Village Commercial Development Option process to meet the Planning Board and Council with a plan of what he will accomplish on the site.
Mayor Pro Tempore Beres stated that Mr. Herron has a very ambitious schedule ahead of him and he wished him luck. Mr. Herron agreed it was an ambitious schedule.
Councilor Caviness asked if the Health Department does not give approval, what the outcome would be. Planning Director Cotellessa stated that if staff does not get Health Department approval in writing, the Conditional Use permit would become invalid as Mr. Herron would not have met the conditions. Mr. Herron stated he would have to go to another level if that happens. He stated he would have to get lenience on it at a supervisor level. He stated that presently, the Health Department will not approve it.
There being no other comments, Mayor Schwarz closed the public hearing.
CUP 05-05 to Amend the Conditional Use Permit for the Herron’s Waterfront Restaurant to Allow a Comedy Club with Increased Seating
Mayor Pro Tempore Beres moved to approve CUP 05-05 to amend the Conditional Use Permit for the Herron’s Waterfront Restaurant to allow a comedy club with increased seating.
Motion approved 5-0.
CUP 05-06 to Approve a New Conditional Use Permit Under the Village Commercial Development Option to Allow for Customized Bulk and Lot Area Site Conditions, including Off-site Parking at 1167 Duck Road
Mayor Pro Tempore Beres moved to approve CUP 05-06 to approve a new Conditional Use Permit under the Village Commercial Development Option to allow for customized bulk and lot area site conditions, including off-site parking at 1167 Duck Road.
Motion approved 5-0.
Mayor Schwarz thanked Mr. Herron for his time and wished him the best of luck on behalf of the Council.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on the Build the Bridge Committee
John Wander was recognized to speak. Mr. Wander gave a short update on the progress of the Build the Bridge Committee’s activities to Council and the audience.
Councilor Morrison thanked Mr. Wander for all of his efforts. Mayor Pro Tempore Beres thanked Mr. Mannina for his work.
Discussion/Consideration of a Contract with Tidewater Fibre, Inc. for the Provision of Residential Curbside Recycling Services
Town Manager Layton stated that two (2) representatives from Tidewater Fibre were in the audience to answer questions regarding recycling. He stated that during budget discussions, Council wished to pursue residential curbside recycling. As a result, he received proposals from Tidewater Fibre and Waste Management, with Tidewater Fibre proposing a lower per unit cost per month for the service. The result is a savings of approximately $1,600 per month. He believed that both companies could provide a high level of service, however, he recommended entering into a contract with Tidewater Fibre. He stated that recycling services would start on or near October 1, 2005, with pick ups being once per week on Mondays.
Ed Farmer of Tidewater Fibre was recognized to speak. He stated that he is looking forward to working with the Town of Duck on the project.
Councilor Thibodeau asked what color the recycling carts would be. Mr. Farmer stated they would be the standard recycle blue color. Councilor Thibodeau asked if trash was put in with the recycling, would the Town be charged extra. Mr. Farmer stated that would only happen if it becomes a real problem in Town, such as a large percentage of homes putting regular trash in with the recycling.
Dave Mabe of Tidewater Fibre was recognized to speak. Mr. Mabe stated they would contact the Town Manager if the issue gets out of hand and would work with him to help get the public educated on what should go in the recycling carts.
Councilor Thibodeau asked how the public would be educated on recycling. She asked if Tidewater Fibre would distribute flyers or would the Town do it. Mr. Farmer stated that it would be the Town’s responsibility to distribute flyers to the citizens of Town, but would collaborate with the Town on the content of the flyers. Councilor Thibodeau asked if Tidewater Fibre provides “field trips” to their facility to educate the public. Mr. Mabe stated that they do not, but are in the process of putting in a new system, which will be set up with a viewing area.
Councilor Caviness asked how new homeowners would receive the recycling carts. Mr. Farmer stated that an email process will be set up with the Town, where the Town would email Tidewater Fibre on a weekly basis to let them know which new homes need recycling carts.
Councilor Morrison asked if the carts would be the same size as the trash carts. Mr. Farmer said they would be. Town Manager Layton stated they would be a different color and clearly marked as recycling.
Mayor Pro Tempore Beres asked if the contract is a five year contract. Town Manager Layton stated it was. Mayor Pro Tempore Beres asked if the service would start approximately October 1, 2005. Town Manager Layton stated he was correct. Mayor Pro Tempore Beres asked if the carts would be delivered in mid September. Mr. Mabe stated that the objective is to start the Monday after Labor Day weekend, giving Tidewater Fibre three (3) weeks to get the carts delivered.
Councilor Caviness moved to authorize the execution of the contract with Tidewater Fibre, Inc. for recycling services.
Motion carried 5-0.
Update on the Outer Banks Transportation Task Force
Kevin Schwartz of the Outer Banks Transportation Task Force was recognized to speak. Mr. Schwartz provided Council and the audience with an update on the meetings of the committee, which included the Van Pilot Project, the ITRE trolley project and the October 12, 2005 Transportation Symposium at the Ramada Inn in Kill Devil Hills.
Mayor Schwarz thanked Kevin Schwartz for his update.
NEW BUSINESS
Discussion/Consideration of an Amendment to the Surf Rescue Contract Related to the Provision of Emergency Medical Services
Town Manager Layton stated that as a result of Chief Brock resigning, the Fire Department is concerned about having adequate coverage during the day as far as emergency services are concerned. He stated that the Town has an opportunity with Surf Rescue to use their emergency medical technicians to help with coverage during the week. In order to accomplish this goal, Town Manager Layton asked Council to approve an amendment to the Surf Rescue contract, which would authorize Surf Rescue to provide, if requested and available to do so, services to the Fire Department.
Mayor Pro Tempore Beres asked who would determine the need for the additional services. Town Manager Layton stated the request would come from the Fire Department. He stated that coverage would be on a weekday basis from 8:00 a.m. to 12:00 noon. Mayor Pro Tempore Beres asked if Town Manager Layton would authorize the services. Town Manager Layton stated he would invoke the contract and make the request to Surf Rescue. Mayor Pro Tempore Beres asked if most of the demand would be during the daytime hours. Town Manager Layton stated that the need would be greatest during the daytime as many of the Fire Department volunteers would be working.
Mayor Pro Tempore Beres asked Surf Rescue Director Mirek Dabrowski how it ties in with his needs. Mirek Dabrowski stated that Town Manager Layton, Interim Fire Chief Donna Black and he had come up with the same solution regarding the need. He stated that it is only for a four (4) hour period and would give Interim Fire Chief Black time to get things done. He stated that Surf Rescue has increased their service to respond to all EMS calls unless otherwise not needed. Mr. Dabrowski stated that this is a temporary solution for the Town.
Interim Fire Chief Donna Black stated that everyone has been great in responding during the day. She stated it will free up her morning hours as well.
Councilor Thibodeau asked if the compensation would be on a per call basis or would it be for the time period. Mirek Dabrowski stated that it would be on an hourly basis from 8:00 a.m. to 12:00 noon, Monday through Friday. If the guards are not needed, there will not be a charge.
Mayor Pro Tempore Beres asked how the guards would respond to calls. Interim Fire Chief Black stated the guards would respond with the Utility 111 truck, would be wearing Duck Fire Department shirts, and will have Fire Department pagers and radios during the time period.
Mayor Pro Tempore Beres moved to authorize the Town Manager to enter into the amendment for the contract with Surf Rescue.
Motion carried 5-0.
Town Manager Layton stated that he had asked Police Chief Dale Hamilton, Interim Fire Chief Donna Black and Surf Rescue Director Mirek Dabrowski to update Council regarding the serious issue concerning communications and give suggestions on ways to proceed.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that the issue is serious. He stated that the police cannot communicate between the department and Dare Central. He stated a satellite receiver was to be installed on the Duck water tower, but would not be installed until late 2006.
Mayor Schwarz asked for clarification on the problem the police are having. Police Chief Hamilton stated that the problem is that his officers cannot communicate with Dare Central, there are many dead spots, and no one can hear the officers. He stated that Dare Central cannot hear the officers and this is a serious problem. He stated that the police department is looking for help from Council in solving the problem. He stated he had spoken to Warren Bell for a quote to solve the problem and Mr. Bell told him it would cost $36,356.43. He stated that he didn’t think it was a lot of money to take care of a serious problem. He stated the satellite receiver would take care of the UHS signal the police work off of. He stated he had spoken to the Sheriff last week and told him that he would be presenting this issue to Council.
Town Manager Layton stated that dispatching and communications are the responsibility of the Sheriff’s Office, which is why the Sheriff was discussed. He reiterated that the cost for the satellite receiver was only $36,000 for the police, which is in Dare County’s budget next year, but not in their current one.
Surf Rescue Director Mirek Dabrowski was recognized to speak. Mr. Dabrowski stated that he is a private contractor and communication is his responsibility, but communications with Dare Central is also important and imperative. He stated that the system he had earlier was the best around (800 MHz frequency). He stated that since the tower went down in Kitty Hawk, he has had other systems which have not worked for him. Currently he has a mish-mash of systems that he is using. He stated that his repeater went down earlier in the week and he was not able to respond to calls because of this. He stated he has talked extensively with Sandy Sanderson and Mr. Sanderson recommended that he get together a communications board. He has since spoken to members of the Town, emergency personnel in Southern Shores and Kitty Hawk, as well as Hal Denny who has taken it upon himself to push the cause further. He stated that everyone else in Dare County is covered, with the exception of Duck. He stated he has worked with Warren Bell to get things straightened out. He stated he is thankful for cell phones as he is working with two radio systems as well as a cell phone. He felt that Ocean Rescue frequency should be through Duck.
Mayor Schwarz pointed out that the problem is unique to Duck. Mr. Dabrowski stated that from Hillcrest Drive in Southern Shores on through Duck, the frequency does not work. He stated that the tower in Kitty Hawk is up – it’s 300 feet high – with the top reserved for all public service. He stated that the work has to be paid for to have it put on the tower. He stated that it seemed to be a money issue with the County.
Town Manager Layton asked if the equipment was put on the 300 foot tower, it would solve the problem. Mr. Dabrowski stated that it would.
Mayor Schwarz asked if all of the police communications are affected. Police Chief Hamilton stated that when he uses his 100 watt radio, he has been unable to communicate with Dare Central on it.
Interim Fire Chief Donna Black was recognized to speak. Interim Chief Black stated that the Fire Department is fortunate but are still not fixed. Most of the volunteers do not get the page, or they only hear part of the page. She stated it is better than it was, but has gotten worse as well. She stated that the three emergency services in Town cannot communicate with one another unless it’s by Nextel or cell phone.
Mayor Schwarz asked what the recommendations would be. Town Manager Layton stated the recommendation is to ask and charge Chief Hamilton with trying to start a communications committee throughout the beach. He stated that a communications committee used to exist, but apparently is no longer active. The committee would feed into the Sheriff’s Department. He suggested that Council consider taking Hal Denny’s approach – to more actively engage the County and the Sheriff’s Department and alert them to the issues and request that there be an examination of the issues with the urgency of public safety being in the forefront. The other recommendation would be for the Town to pay for the satellite, but would be reluctant for the Town to take that responsibility.
Mayor Schwarz felt that establishing a communications committee made sense. He stated that it is incumbent upon Council to address the issues with the County.
It was consensus of Council to work out a plan to meet with the appropriate people with Dare County.
Mayor Schwarz stated that he could not see waiting for something that is so desperately needed. He stated that unless the County is aware of it, they cannot be faulted for not responding.
Mayor Pro Tempore Beres stated that he is shocked that the Town is put in this position. He urged that a letter be written to the County, including the Sheriff, to explain the concerns regarding public safety and personnel and see what can be done immediately.
Councilor Caviness asked what the Sheriff’s Department is responsible for. Police Chief Hamilton stated that they are responsible for all radio communications.
Mayor Schwarz thanked Police Chief Hamilton, Surf Rescue Director Dabrowski and Interim Fire Chief Black for their time.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated that the last time he looked on the General Assembly’s website, the legislation for the use of ATVs by police and Town employees is still pending. It is in committee in the Senate right now.
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 fire department activity, ocean rescue activity, police department activity and building permit activity reports to Council.
2005 Fall Litter Sweep
Town Manager Layton stated that on September 17, 2005 through October 1, 2005 NCDOT will be having a Fall Litter Sweep. This year he hopes to have a part time public relations/events coordinator position in place to organize the event. If not, he will volunteer to get people together to pick up trash along the road.
Budget Amendments
Town Manager Layton stated that he is requesting approval to appropriate $2,250 for the sale of the Police calendars, re-appropriate $75,850 for the DENR Public Access Grant proceeds and re-appropriate and transfer $248,564 from the Fund Balance to Public Buildings to cover the costs associated with the previously approved Municipal Property Engineering Study and Police/Fire Joint Space Study. The required match for the DENR Public Access Grant is $26,000 and $15,000 would be for the NC 12 Drainage Study.
Mayor Pro Tempore Beres moved to approve the budget amendments.
Motion approved 5-0.
Financial Statement for the Month of July 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.
Town Manager Layton stated he had received and email from Gary McGee of the Town of Kitty Hawk asking Council to send an endorsement letter to Charles Jones for Mayor Bill Harris’ nomination to the Coastal Resources Commission.
It was consensus of Council to send an endorsement letter for Mayor Harris.
MAYOR’S AGENDA
Mayor Schwarz stated that the Shoreline Protection Committee had met two weeks prior and the County attorney told the committee that they are an advisory committee. He stated it does not please the mayors of each town and they will be working on that. The Corps of Engineers have been updated on the current project and it was determined that there will not be any available funds until 2008. He stated that the County is proceeding with hiring a Shoreline Protection person to advise the County and the committee. He stated the committee has had two (2) meetings and are basically feeling their way.
Mayor Schwarz stated that he received a letter from Day of the Docks, a celebration of Hatteras Island Watermen. He stated he would make sure the celebration information gets posted on the website as all of Dare County is invited to join them.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness stated that she had nothing to report.
Councilor Morrison stated that he had nothing to report.
Councilor Thibodeau stated she had nothing to report.
Mayor Pro Tempore Beres stated he had nothing to report.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, September 7, 2005 at 7:00 p.m.
There being no further business, Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:00 p.m.
_______________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor