TOWN OF DUCK

MUNICIPAL PROPERTY MASTER PLAN STUDY COMMITTEE

REGULAR MEETING

February 9, 2004

 

The Municipal Property Master Plan Study Committee for the Town of Duck convened at the Duck Municipal Offices at 2:00 p.m. on Monday, February 9, 2004.

 

MEMBERS PRESENT:  Chairman Paul Keller, Donna Black, Bob Fitchett, Jennifer Gilbreath, Avery Harrison, Charlie Pratt, Ed Sowinski, and Town Manager and Town Clerk Christopher J. Layton.

 

OTHERS PRESENT: Council Member Nancy Caviness; Mayor Pro Tempore Allan Beres; Planning Director Suzanne Cotellessa and Deputy Town Clerk Lori Kopec.

 

The meeting was called to order at 2:00 p.m. 

 

TOUR OF MUNICIPAL PROPERTY

 

Chairman Keller stated the Committee would be walking the property.  He stated he had walked the property over the weekend with Ed Sowinski.  He asked the Committee to bring paper and pencils with them in case they had notes in regard to the property.  Chairman Keller reviewed with the Committee and members of the audience the route they would take when they tour the property. 

 

Town Manager Layton asked the Committee to think about recommendations for the coming season in regard to uses of the property while they are out in the field, as well as what they envision for the future.  Jennifer Gilbreath asked if their recommendations would include temporary parking on the property.  Town Manager Layton stated that questions have arisen in regard to the present parking in the interim period and if other access should be allowed on the property during the development phase.  Ms. Gilbreath asked if there is currently parking on the property near Loblolly Pines.  Town Manager Layton stated the parking is next to the Herron’s property.

 

Chairman Keller stated that once they return from the tour, he would like to have a short recap, including a discussion on the cemetery.

 

The Committee adjourned at 2:15 p.m. to tour the property.  Mayor Pro Tempore Beres, Councilor Caviness and Planning Director Cotellessa toured the property as well.  Councilor Monica Thibodeau met the Committee at the property for the tour.  The meeting was reconvened at 3:30 p.m.

 

Chairman Keller asked the Committee for their thoughts on the cemetery.  Charlie Pratt stated he thought a simple wooden fence should be erected around the cemetery with a marker.  Town Manager Layton stated the cemetery is shown as a state area of historic interest.  The house is not shown as such.

 

Donna Black stated that the house is not in good condition.  She asked if the house has any historic value to it and if there were any connections between the house and the cemetery.  Town Manager Layton asked Planning Director Cotellessa to give an overview on her research of the house and cemetery.

 

Planning Director Sue Cotellessa was recognized to speak.  Planning Director Cotellessa stated she went on the State Historic Preservation Office website to see what resources were identified for the Town of Duck.  She stated the Lifesaving Station at the Sanderling is in the National Register of Historic Properties.  She stated they also had three Dare County cemeteries that were listed in Duck.  She stated she has the paperwork from the Historic Preservation Office on the cemeteries, which lists who is buried at each of the cemeteries. 

 

Planning Director Cotellessa presented the Committee with an aerial photo of Duck that was taken in 2002.  The Committee reviewed the aerial photo of the property.

 

Town Manager Layton stated the Town is presently having a survey done on the property to determine property lines.  When the survey is completed and it is shown that Herron’s is on the Town’s property, Town Manager Layton stated he may have to approach Herron’s to ask them to move their things.  Bob Fitchett urged Town Manager Layton to be respectful and not have an adverse position towards Herron’s.  Town Manager Layton stated he appreciated Mr. Fitchett’s comments. 

 

Ed Sowinski asked what the width of the property is.  Town Manager Layton stated the property is 105 feet long and 24 feet wide.

 

Bob Fitchett asked if it will be the Town’s responsibility to hide the back of the Herron’s building.  Town Manager Layton stated that this will be taken into consideration in the final plan.

 

Jennifer Gilbreath asked if a fence could be erected around the cemetery with it being so close to the right-of-way.  Chairman Keller stated the fence could be offset and not go all the way to the bike path.  Ed Sowinski suggested a three-sided fence with the opening towards the street.  Ms. Gilbreath asked why something had to be done to the cemetery now.  Chairman Keller stated it would protect the headstones.  Mr. Sowinski suggested that by erecting a fence, it would show the citizens that the Town cares about the property.  Ms. Gilbreath asked if a sign with historical information would be a better route to go.  Chairman Keller stated the fence would be small, just enough to be above the headstones.

 

Donna Black asked if the Town has an accurate accounting of the headstones.  Town Manager Layton stated the headstones that the Historic Society has on file is the official accounting. Chairman Keller asked Town Manager Layton to provide sketches at the next meeting for the fences around the headstones.  Town Manager Layton stated he would come up with some initial concepts for the Committee to review. 

 

Ed Sowinski asked if there is someone that owns the plots.  Town Manager Layton stated the Town owns the gravesites.  Chairman Keller stated that anyone is allowed to visit them.  Donna Black asked if there was an official way to find out if there is someone that had owned the plots.  Town Manager Layton stated that the Committee needs to focus on the larger picture, including the cemetery.  Mr. Sowinski suggested the Town clean up the cemetery and erect a temporary fence.

 

APPROVAL OF MINUTES

 

Chairman Keller asked the Committee to review the minutes of the January 19, 2004 meeting for changes.  Charlie Pratt moved to approve the minutes as presented.  Bob Fitchett seconded the motion.

 

Motion approved 7-0.

 

DISCUSSION OF PUBLIC INPUT PLAN

 

Review of Internet/Newsletter Questionnaire

 

Town Manager Layton stated the Committee is tasked with coming up with a public input plan for the property.  He stated one of the first things the Committee had to do was to come up with a questionnaire for the newsletter.  He stated the Committee needs to think about handling public input in regard to work sessions.  He stated that on April 8, 2004 the Town will be holding a Community Forum and will try to work the questionnaire into it.  He stated the Committee needs to decide how much public input they want in regard to the milestone tasks. 

 

Charlie Pratt asked when the Town’s newsletter would be going out.  Town Manager Layton stated it would go out in early March.  Mr. Pratt suggested the questionnaire be incorporated into the newsletter.

 

Donna Black suggested keeping the questionnaire simple, with a question ranking the potential uses for the property.   She suggested a quick synopsis be put in the newsletter to let the public know the Committee has not done anything with the property to date.  She also suggested deleting the word “municipal” from the questionnaire because it would imply the question was about a new Town Hall.  Avery Harrison agreed with Ms. Black.   Ms. Black stated she is getting a lot of people asking if a Town Hall will be erected on the property.

 

Jennifer Gilbreath asked if the decision to have a Town Hall on the property had already been decided.  Donna Black stated that the Committee has to set aside space for the Town Hall. Avery Harrison stated she had thought that Council had decided to set aside space for a building.  Chairman Keller stated there will still be a discussion in regard to the Town Hall.  Town Manager Layton stated the Resolution states that the Committee is charged with putting space aside for a possible Town Hall on the property.

 

Town Manager Layton stated the Committee needs to come to a conclusion on the questionnaire.  Chairman Keller stated that ranking the uses would be a good idea but that it isn’t really needed at the present time.  Charlie Pratt stated he thought the questionnaire looked good.  Jennifer Gilbreath suggested adding the question of why to the fourth question.  Avery Harrison stated she liked the idea of ranking the uses for the property.  Chairman Keller stated it may be a problem due to some people missing some of the potential uses.  Town Manager Layton stated the Committee will have the list of uses and will come up with what they think are the best ones. The next phase would be the actual concept development.  He recommended getting public input on the concepts. He also suggested holding off on the ranking.

 

Donna Black suggested putting in a small paragraph at the top of the questionnaire which would summarize where the Committee is in the process.  Jennifer Gilbreath suggested giving the property a name. 

 

Charlie Pratt moved to accept the questionnaire as presented with the minor changes added.  Donna Black seconded the motion.

 

Motion carried 7-0.

 

Town Manager Layton stated the questionnaire would be in the newsletter and would soon be posted on the website.  Ed Sowinski asked who is on the mailing list for the newsletter.  Town Manager Layton stated the list is based on tax records of Dare County and is for all property owners of Duck.  Donna Black asked if the newsletter could be sent to the business owners as well.  Town Manager Layton stated that could be done.  Jennifer Gilbreath asked if photographs will be included in the newsletter.  Town Manager Layton stated photographs can be put on the website, but not in the newsletter.

 

DISCUSSION OF USES OF THE MUNICIPAL PROPERTY

 

Interim Uses (recommendations to Town Council)

 

Town Manager Layton stated that the Committee needs to come up with interim uses for the property.  The uses will be incorporated into a list that will be updated as more information becomes available.  He stated that the suggestions that Bob Fitchett had submitted is exactly what the Committee should be looking at for the list.  Chairman Keller stated he wanted to wait to hear what other people are saying before he comes up with suggestions.  Town Manager Layton stated that the Committee should come up with suggestions as well and not wait. 

 

Chairman Keller reminded the Committee that certain areas on the property are unusable – the swamp area and the high dune area in particular. 

 

List of Potential Uses

 

Bob Fitchett asked if the parking area next to Herron’s should still be used.  Donna Black stated that she didn’t think the property should be used at all in the interim. Avery Harrison agreed.  Mr. Fitchett agreed but suggested that the parking area still be used.  Chairman Keller asked who had used the parking area in the past.  Mr. Fitchett stated that Herron’s had used it.  Town Manager Layton stated that employees at Roadside Restaurant and the surf shop had used the parking area too.  Ms. Black warned that by letting the parking area be used, it will create a false sense of security with people thinking that they can still park on the property.  Mr. Fitchett stated that as the property gets developed, people should be told not to use it, but for the summer season it should still be used.  Jennifer Gilbreath agreed with Donna Black on the parking issue.

 

Chairman Keller asked the Committee for their thoughts on accessing the sound on the property.  Ed Sowinski stated he is not in favor of opening an access to the sound at this time.  Bob Fitchett agreed with Mr. Sowinski.  Jennifer Gilbreath stated it should not be open for safety reasons.  Chairman Keller agreed. 

 

Mr. Sowinski asked if there is any signage that states people should not trespass on the property.  Town Manager Layton stated there are “No Trespassing” signs on the two buildings but the rest of the property has not been posted pending further discussions. Donna Black suggested tasteful signage.  Mr. Sowinski agreed.  Town Manager Layton stated he envisioned emphasizing the fact that the property is being master planned.  Chairman Keller stated that four years have gone by without any signage posted on the property.  He asked why signage should be posted now.  Mr. Sowinski stated it could be a legal issue.  Town Manager Layton stated that liability is the real issue.  He stated the Town is liable when they know of a potential hazardous condition and do not warn the public about it.  He stated a nice sign could be set up.  He asked for a Committee member to assist him in coming up with a concept for the signage.  He stated he would contact Herron’s in regard to continued use of the parking area.  Ed Sowinski stated he has reservations on the continued use of the parking area.  Town Manger Layton stated he would get written permission from Herron’s if the parking issue is going to be addressed.  Jennifer Gilbreath wondered if the Town didn’t put up any signage for property, if people would access it.  Chairman Keller agreed with Ms. Gilbreath.  Town Manager Layton stated a sign could go up that states the property is a future use and to park at your own risk.  Ms. Gilbreath offered to help with the signage.

 

Chairman Keller asked if the Committee could wait to take a position on the parking issue. Town Manager Layton stated that that was fine.  Chairman Keller asked the Committee what their position is on accessing the property to get to the sound.  All agreed that no access should be allowed at this time.  Town Manager Layton stated that the two houses on the property will have to be addressed at the next meeting.

 

UPDATE ON PROPOSALS FOR CONSULTANT SERVICES

 

Town Manager Layton stated three proposals were received and he felt that all three were good ones.  He stated he needed dates from the review committee to set up interviews.  He recommended interviewing all three companies and come back with a ranking.  Donna Black asked if Town Manager Layton would meet with the review committee before the interviews start.  Town Manager Layton stated it could be done.  Chairman Keller asked if the interviews should be done on the same day.  Town Manager Layton stated he preferred to have them on the same day.  He recommended the interviews be an hour long and with a half hour in between interviews for discussions.  Town Manager Layton stated he would draft a list of questions for the interviews.

 

Ed Sowinski asked if the interviews would go beyond the three companies.  Town Manager Layton stated the interviews would only go beyond the three companies if the committee decides they are not appropriate or if an acceptable cost cannot be negotiated. 

 

Chairman Keller asked the Committee for their thoughts or comments on the proposals.  Charlie Pratt stated he would feel comfortable working with Cahoon and Kasten.  Ed Sowinski stated the interview process seems to be a two step process.  Town Manager Layton stated he was correct.  He stated that each company would have slightly different approaches to meet the same goals, which is what is wanted.  Chairman Keller stated he felt that all three companies would be very capable of doing the work.

 

OTHER INFORMATION

 

Copy of Phase I Environmental

 

Town Manager Layton stated the Phase I Environmental study was included with their packet.  The study was done right before the Town purchased the property.  He stated that the property does not have any hazardous waste.

 

Overview of Land Use Plan Input

 

Chairman Keller stated that the Committee had reviewed the overview earlier in the meeting.  He asked for any other thoughts before adjourning.

 

Donna Black stated she had spoken to Stephen Muller of North Carolina State.  She stated that Mr. Muller would be coming out the week of February 16, 2004 and would be glad to sit down with the Committee and go through the land acquisition.  Ms. Black asked what the procedure would be to have a public meeting.  Town Manager Layton stated he would need 48 hours to advertise the meeting.

 

Charlie Pratt stated he had spoken to John Thayer of the Division of Coastal Management in regard to grant requests for improvements and projects to the Duck Municipal property.  Mr. Pratt passed out his questions for Mr. Thayer to the Committee and reviewed it with them.  He reviewed the eligible activities that the grants would fund.  He stated the Town must make a 25 percent match to the grants that are requested.  Mr. Pratt stated that Mr. Thayer would take the Committee through the application stages.

 

Chairman Keller stated it is too late to apply for a grant for 2004.  He recommended the Committee start planning for 2005.  Town Manager Layton stated it would coincide with the concepts once they are finished.

 

ADJOURNMENT

 

There being no further discussion, Chairman Keller asked for a motion to adjourn.  Charlie Pratt moved to adjourn the meeting.  Bob Fitchett seconded the motion.

 

Motion carried 7-0.

 

The time was 4:45 p.m.

 

 

_____________________________________

/s/ Paul Keller

Chairman