TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
September 7, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, September 7, 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 Lieutenant Phillip Ferguson; Interim Fire Chief Donna Black; 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Mayor Schwarz stated that the Public Hearing had been canceled as the applicant had withdrawn the application. It was consensus of Council to remove the item from the agenda.
PUBLIC COMMENTS
Mayor Schwarz opened the floor for public comments. There being no one wishing to speak, Mayor Schwarz closed the time for public comments.
SPECIAL PRESENTATION
Recognition of 4th of July Parade Committee and Volunteers
Mayor Schwarz stated that for the past five years, the Town has had a 4th of July parade that was conducted by the homeowners associations and moreso by Darwin “Dock” Drewyer and his wife. He stated that Mr. Drewyer came to the Town and asked the Town to take over the parade. The Town agreed, making Mr. Drewyer the chairman of the 4th of July Parade Planning Committee. He stated that Mr. Drewyer did a lot of work on the parade, even with some setbacks. He stated that the whole effort worked due to Dock Drewyer. Mayor Schwarz asked Dock Drewyer to stand and introduce the committee.
Darwin “Dock” Drewyer introduced the members of the committee to Council and the audience. He went on to hand out certificates of appreciation and t-shirts to them. Mr. Drewyer said a few words after introducing the committee regarding how everyone that he asked was so willing to help out with the parade. He thanked everyone for their help.
Mayor Schwarz stated that Mr. Drewyer had put the parade together and has always been so thorough. He went on to read an action report that Mr. Drewyer had written to Council. Mayor Schwarz then presented Mr. Drewyer with a special plaque and t-shirt for all of his help with the parade.
APPROVAL OF MINUTES
Mayor Schwarz opened the approval of minutes from the August 3, 2005 regular meeting. Mayor Schwarz directed Council to review the minutes from the August 3, 2005 meeting for changes.
Mayor Pro Tempore Beres moved to approve the August 3, 2005 minutes as presented.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Height Variance Application for 129 Marlin Drive
The public hearing was withdrawn by the applicant with the request for withdrawal approved via consensus by Council earlier in the meeting.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on Public Safety Communications
Mayor Schwarz stated that at the last meeting, Council directed that he and staff look into the situation regarding the police department’s communications issue. He stated that a meeting was held with the Dare County Sheriff, with representatives from the fire department, police department, Ocean Rescue and Town staff. He stated that three (3) situations that needed to be looked into – the Fire Department situation, Ocean Rescue and the third was an item that needed to be purchased, but was in the County’s 2006-2007 budget. After speaking with the Sheriff, he didn’t seem confident that anything could be done, however; Town Manager Layton, Police Chief Dale Hamilton, Mayor Schwarz and Mayor Pro Tempore Beres attended the Dare County Commissioners meeting on September 6, 2005. The Sheriff made a presentation to the Commissioners and the item is under order and will be purchased. It should be running within a few weeks. Mayor Schwarz stated that the Town is fortunate to have such an immediate response.
Mayor Pro Tempore Beres stated that the Sheriff did a wonderful job on the presentation with the Town’s police department providing input as well. He stated that the Commissioners understood the dire consequences of the situation if it were not rectified immediately. He stated it was a successful outcome.
Update on Municipal Property Master Plan Implementation
Town Manager Layton stated that the committee continues its work and is getting ready to enter a phase when the meetings will be monthly due to the surveying and final design getting to where little decisions will need to be made. He stated that the next meeting will be held on September 14, 2005 and a site visit on October 13, 2005. He went on to review the work that has been completed to date as well as upcoming items with Council and the audience.
Town Manager Layton presented a new sign that will be up at the Town property to Council and the audience. The signs show the actual Master Plan so the public can see what is planned for the property.
Paul Keller was recognized to speak. Mr. Keller stated that because the wetlands are not as extensive as originally thought, it will solve the water problem at the curve on NC 12.
Councilor Thibodeau asked what time the meeting on September 14, 2005 would be. Town Manager Layton stated the meeting will start at 10:00 a.m.
Mayor Pro Tempore Beres asked what the next step in the process would be in finalizing the engineering plans and bringing it to Council for approval. Town Manager Layton stated that when the engineering is completed, the final product will include all the items needed to bid out the projects. The committee is still staying on the time line to have things finished by winter and hopefully before January. As part of the phase, once the engineering reaches a certain point, CAMA permits can be obtained to go forward. He stated he hopes everything will come in to sync by the January 2006 timeframe. Mayor Pro Tempore Beres asked if the next step after the new signs go up would be the removal of the invasive species. Town Manager Layton stated he was correct. He stated that some items may be brought to Council for final decision, such as the new structure where the Rodgers House was. Mayor Pro Tempore Beres asked if there would be alternatives presented for the Rodgers House. Town Manager Layton believed there would be.
Councilor Morrison asked when the alternatives would be presented. Town Manager Layton stated that the work with the architect would be starting soon. He stated the architect is already working on ideas to present.
Councilor Thibodeau asked if the architect was the same one that had the initial renderings for the house. Town Manager Layton stated she was correct.
NEW BUSINESS
Discussion/Consideration of Submittal of Applications for Dare County Tourism Bureau Short Term Restricted Funds Grant Program
Town Manager Layton stated that two grant applications were in Council’s packet. One is related to the Municipal Property and the other is for the public access defibrillation project. He went on to review the Municipal Property Master Plan Phase II grant application with Council and the audience.
Councilor Thibodeau asked if the Tourism Bureau would make their decision by March 2006. Town Manager Layton stated that he should know something well before the budget process with the funds available in the next fiscal year, making it July 2006.
Councilor Morrison stated that the Tourism Bureau does not like to grant money for landscaping and asked if the grant was for playground equipment. Town Manager Layton stated that he was correct.
Councilor Thibodeau moved to authorize the Town Manager to submit the grant application for the Municipal Property Master Plan Phase II.
Motion carried 5-0.
Town Manager Layton reviewed the Public Access Defibrillation Project grant application with Council and the audience.
Justin Schnute was recognized to speak. Mr. Schnute stated that he had received an updated quote on the defibrillators.
Councilor Morrison pointed out some typographical errors on the grant application. Councilor Morrison asked for a clarification on the project timetable. Town Manager Layton and Mayor Pro Tempore Beres clarified the timetable to Councilor Morrison.
George Keefe was recognized to speak. Mr. Keefe stated that the Duck Community and Business Alliance (DCBA) wanted to know why the application process for the defibrillators will take so long. Councilor Morrison stated that the grant would not be approved until many months from now. Town Manager Layton stated that the Tourism Bureau accepts applications until September 30, 2005 but do not award monies until next fiscal year. He stated that unless other funding is secured before then, this would be the route to take for the defibrillators. Mr. Keefe asked if funding was secured before the grant was awarded, would the Town forfeit the right to the grant. Town Manager Layton stated that once the grant is awarded, it could be negotiated. He stated the Town may or may not know about the grant before June 30, 2006.
Mayor Pro Tempore Beres moved to authorize the Town Manager to submit the grant application for the Public Access Defibrillation Project.
Motion carried 5-0.
Town Manager Layton stated that a revised copy of the ordinance was given to Council with a few changes – the first change was where the multipurpose path was changed to a multiuse pedestrian path and the second change was the date the ordinance would be in full force and effect.
Town Attorney Ike McRee suggested that the amended mandatory language be renumerated as Section 2 and the rest of the ordinance renumerated as well.
Mayor Pro Tempore Beres moved to adopt Ordinance 05-10 as amended.
Town Manager Layton reviewed the ordinance to the audience.
Councilor Caviness asked if emergency personnel would be allowed to be on the bike path on a four-wheeler with this ordinance. Town Manager Layton stated it was not worded as such, but it should be amended to include it. Town Attorney McRee suggested adding the emergency vehicles to the new section. Town Manager Layton suggested adding the Town’s contractor vehicles as well. Town Attorney McRee went on to read what the new section would state.
John Summers was recognized to speak. He stated that he hoped the ordinance would cover construction trucks that park on the Trail, as he has had to chase them off the Trail. Town Attorney McRee stated that it would cover it as the trucks would be in violation of the ordinance. Mr. Summers pointed out that the postal lady also drives on the Trail in order to avoid pulling out into oncoming traffic.
Councilor Thibodeau asked if someone is on the path and a vehicle pulls out of a shopping area, who would have the right of way. Mayor Schwarz directed Police Lieutenant Phillip Ferguson to answer. Lieutenant Ferguson stated that the vehicles on the bike path, when the bike path is attached to the highway, NCDOT considers the bike path part of the highway, when it’s attached as it is in the Village. People would have to yield to the traffic in the bike path just as they would have to yield to vehicles in traffic.
Mayor Pro Tempore Beres moved to accept the amendment to his original motion.
Motion carried 5-0.
Discussion/Consideration of Appointments to the Firemen’s Relief Fund Board of Trustees
Town Manager Layton stated that each year, Council is required to appoint two members to the Local Firemen’s Relief Fund Board of Trustees to serve on the board. Last year, Council appointed Mayor Pro Tempore Beres to serve as the Town’s representative for a term to expire December 31, 2005. Councilor Morrison was appointed the previous year for a two year term, also expiring December 31, 2005. He stated that Council needs to either reappoint Mayor Pro Tempore Beres and Councilor Morrison or appoint other representatives.
Mayor Schwarz moved to reappoint Mayor Pro Tempore Beres and Councilor Morrison to the Board for a term of one (1) year, expiring December 31, 2006.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated that during the last week in session, the General Assembly finally adopted local legislation authorizing Town police and employees to operate all terrain vehicles on State roads with speed limits up to of 35 mph.
Town Attorney McRee stated that the Town of Nags Head has directed its planning staff to seek a copy of the Town of Duck’s Village Commercial program to see if it would be something Nags Head would want to enact.
Town Attorney McRee stated that after three (3) years of waiting for word from the U.S. Justice Department, the Fair Housing Act complaint filed by Tom Holian has been found to be baseless and the file will be closed on the investigation. The recommendation will also be made to the Department of Housing and Urban Development with the expectation that they will follow the Department of Justice’s opinion and guidance and close their files.
Mayor Schwarz thanked Town Attorney McRee and his firm on guiding the Town and coming up with a successful outcome.
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 building permit activity reports to Council.
Update on Fire Chief Position
Town Manager Layton stated that he, Chief Hamilton and two representatives from the Fire Department interviewed candidates for the Fire Chief position. Second interviews are to be scheduled for two individuals. He thought there were high quality candidates that had applied. He stated that the candidates will be introduced to the Board of Directors of the Fire Department to see how they are received and take to the Board and Fire Department. Hopefully a decision will be made very quickly after that.
Update on Recycling
Town Manager Layton stated that on September 12, 2005, Tidewater Fibre will begin wheeling out the recycling carts to homeowners. The process will take approximately three (3) weeks to complete. Recycling will begin on Monday, October 3, 2005. The carts will have a sticker on them that states when recycling will be collected as well as the items that will be eligible to be recycled. In addition, brochures will be mailed out to all homeowners. Letters were mailed out to all property management companies, all homeowner association presidents and all rental agencies as well.
Update on Bulk Trash Pick Up
Town Manager Layton stated that the Town schedules a bulk trash pick up every October, usually around the Columbus Day holiday. This year, Waste Management determined the best date for the bulk pick up would be Thursday, October 27, 2005. The bulk pick up date will be advertised on the website, on the Government Access Channel as well as in the newspapers.
It was consensus of Council to have the Bulk Trash Pick Up scheduled for Thursday, October 27, 2005.
NCLM Annual Business Meeting
Town Manager Layton stated that the NCLM will have their annual business meeting on October 16 – 18, 2005 in Hickory, North Carolina. He stated that if any Council member wished to attend, to let him know so the registration process could start. Later on, a Council member will have to be designated as a voting delegate at the meeting.
Financial Statement for the Month of August 2005
Town Manager Layton presented Council with a financial report on revenues and expenditures.
Councilor Thibodeau asked if the Town had any representatives last year at the NCLM meeting. Mayor Schwarz stated that he had attended.
Mayor Pro Tempore Beres asked why the sales tax revenue had decreased slightly from last year. Town Manager Layton stated he did not know why it went down slightly, considering occupancy went up significantly.
MAYOR’S AGENDA
Mayor Schwarz stated that he had received a letter from the OBX Marathon Organizing Committee. He stated there would be an inaugural OBX marathon slated for November 12, 2006. The marathon will be 26.2 miles long and will also include a 13.1 mile half marathon.
Mayor Schwarz stated that the Shoreline Protection Committee had met last month and the most significant accomplishment is that the committee is moving forward and have appointed three (3) committees – a technical committee, a finance committee and a community involvement committee. He stated that if anyone is interested in serving on any of these committees; let him or Warren Judge know.
Mayor Schwarz stated that with Hurricane Katrina being so devastating, a number of towns and communities are trying to organize something where they can have a sister community. He stated the Fire Department authorized some t-shirt sales to go towards fund raising for the devastation. He thought that the Town might want to find a community of its size that needs help. He stated he would like to get the entire Town as a community together to help. He proposed locating a town that the Town could sponsor or sister and at the next meeting if staff is able to find one, that Council can decide what to do to help.
Deputy Fire Chief Donna Black was recognized to speak. Deputy Fire Chief Black stated that she went on the internet to Firehouse.com and registered the Duck Fire Department and staff to help out the fire departments in the devastated area. She offered to work with Town Manager Layton to find a town that needs help. Mayor Pro Tempore Beres asked that she find out what the town’s immediate needs are that the Town could provide support on.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness stated that there is an effort in the County to collect flood kits and hygiene kits. A lot of the churches are doing this drive through Saturday, September 10, 2005 to benefit the victims of Hurricane Katrina.
Councilor Morrison stated that he had nothing to report.
Mayor Pro Tempore Beres stated that the Build the Bridge committee was successful in getting the two million dollars included in the Federal budget to go to East Carolina University to make the bridge more of a reality. He stated there is a meeting on September 22, 2005 that includes the Build the Bridge Committee, representatives of East Carolina University, George Mannina and Dan Scanlon. He stated that the Department of Transportation Currituck-Outer Banks Transportation Study will be in the area September 13-15, 2005 to find out what the impacts of the alternatives to the bridge would be on the towns.
Councilor Thibodeau stated that she had written another article in the North Beach Sun. She wanted to thank staff and Councilor Caviness on the great newsletter that was put out recently. She encouraged the audience to keep a good dialog with Council as well.
OTHER BUSINESS
Mayor Schwarz asked for any other business. He stated the next meeting will be Wednesday, September 21, 2005 at 1:00 p.m.
CLOSED SESSION
Councilor Thibodeau 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 8.15 p.m.
Upon return from closed session, Councilor Morrison 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 8:31 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor