TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
December 7, 2005
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, December 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: Councilor-elect Bart Smith, Councilor-elect Denver Lindley, Jr., Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Deputy 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 asked Town Attorney Donald I. McRee to lead the Pledge of Allegiance. Mayor Schwarz led the moment of silence asking Council and the audience to remember that it was Pearl Harbor Day.
Mayor Schwarz recognized Mayor Pro Tempore Allan Beres. He stated that Mayor Pro Tempore Beres has been with the Town from the beginning and has devoted an extraordinary amount of time to the Town. Mayor Pro Tempore Beres and Mayor Schwarz each gave a short speech to Council and the audience.
SWEARING IN OF NEW COUNCIL MEMBERS
Town Clerk Christopher Layton was recognized to speak. He swore in each Council member one at a time.
ELECTION OF TOWN COUNCIL OFFICERS
Election of Mayor
Town Clerk Layton opened the nominations for Mayor of Duck. Councilor Caviness moved to nominate Neil Morrison as Mayor. Town Clerk Layton asked for other nominations. There being no other nominations, Town Clerk Layton closed the nominations. Town Clerk Layton moved to elect Neil Morrison as Mayor.
Motion carried 5-0.
Town Clerk Layton turned the meeting over to Mayor Morrison.
Mayor Morrison thanked the Council for the honor of being the Town’s third mayor.
Election of Mayor Pro Tempore
Mayor Morrison opened the nominations for Mayor Pro Tempore of Duck. He moved to nominate Monica Thibodeau as Mayor Pro Tempore. Mayor Morrison asked for other nominations. There being none, he moved to elect Monica Thibodeau as Mayor Pro Tempore.
Motion carried 5-0.
SPECIAL PRESENTATION
Discussion/Consideration of Resolution #05-18, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Manfred “Gene” Schwarz for his Service to the Town of Duck
Mayor Morrison asked for a motion. Councilor Caviness moved to adopt Resolution #05-18, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Manfred “Gene” Schwarz for his Service to the Town of Duck as presented.
Motion adopted 5-0.
Mayor Morrison went on to read the resolution to Council and the audience. He then presented Mr. Schwarz with the resolution as well as a plaque in commemoration of his service to the Town.
Discussion/Consideration of Resolution #05-19, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Allan W. Beres for his Service to the Town of Duck
Mayor Morrison asked for a motion. Councilor Lindley moved to adopt Resolution #05-19, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Allan W. Beres for his Service to the Town of Duck as presented.
Motion adopted 5-0.
Mayor Morrison went on to read the resolution to Council and the audience. He then presented Mr. Beres with the resolution as well as a plaque in commemoration of his service to the Town.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated he would not be around for another meeting until May, 2006, but wanted to make Council aware of an issue that may come up before he returns. He stated that he had read an item in the local newspaper regarding the Music Licensing Society appearing on the Outer Banks and receiving $600 from the Town of Nags Head for “so-called” music licensing. He stated he did not have the background on it, but has dealt with them and felt it was a shakedown. He stated that he did not see the Town ever having to pay a license fee. He asked Council not to pay any money to this organization.
Paul Keller of 125 Wiroans Way was recognized to speak. Mr. Keller stated he that he cannot express how much of a debt of gratitude the Town owes to Gene Schwarz and Allan Beres. He gave a short background on Mr. Schwarz’s and Mr. Beres’ work with the Town in getting the incorporation process to come to fruition. He hoped that the public knew of the tremendous contribution Mr. Schwarz and Mr. Beres have made to the Town.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano echoed Mr. Keller’s comments. He thanked Mr. Keller for his foresight in helping Duck become a town. He thanked the present Council in advance for accepting the job as Councilors. He stated that the Planning Board is at the Council’s beck and wish and hoped that Council would appoint a new liaison for the Planning Board since Mayor Morrison is now the mayor. He stated it was very helpful to have a Council Member represented at the Planning Board meetings.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the November 2, 2005 regular meeting. He pointed out that Councilor Smith and Councilor Lindley would not be voting on the approval. Mayor Morrison directed Council to review the minutes from the November 2, 2005 meeting for changes.
Councilor Thibodeau moved to approve the November 2, 2005 minutes as presented.
Motion carried 3-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Presentation on Visit to Dauphin Island, Alabama
Gene Schwarz was recognized to speak. Mr. Schwarz stated that he, Allan Beres, Town Manager Layton and Police Chief Dale Hamilton had traveled to Dauphin Island, Alabama on November 15, 2005 to deliver a John Deere Gator that the community had purchased for Dauphin Island. He gave a short background on how Town staff found Dauphin Island and how the Town had a benefit square dance to raise the funds for the Gator.
Mr. Schwarz went on to present a slide show of the trip to Dauphin Island, Alabama to Council and the audience.
Mayor Morrison thanked Mr. Schwarz for his presentation.
Discussion/Consideration of Funding for the new DVFD Engine
Town Manager Layton stated that last year, Council authorized funding for the new fire department engine. The engine is now in the process of being constructed with delivery to the Fire Department in mid-January. The lingering question is the method of paying for the engine. He stated that he had included a general analysis in Council’s packets on the cost of the engine. He stated that the total cost of the engine is $567,232, of which the Fire Department will be putting $265,000 towards the cost, leaving a balance due of $302,232. He stated that he had Chief Mascaro obtain several quotes for financing the balance due and the best quote was from East Carolina Bank. The quote was a seven (7) year payment at 3.74% with an annual payment of $49,968.29. The total interest would be $47,546.78.
Town Manager Layton stated he researched if the Town paid off the amount from the unreserved Fund Balance, what effect it would have on the Fund Balance as well as what the Town would make off of it rather than spending it. He stated the yield would be $21,156 – a difference of $26,391 – between the interest and the yield. He recommended funding the engine through a one-time appropriation as opposed to the Fire Department taking out the seven year loan. He stated that the Town has a Fund Balance policy and this would not violate the policy or hamper the Town in any way.
Mayor Pro Tempore Thibodeau asked when the check for $300,000 would be done. Town Manager Layton stated it would be in January 2006, which is when delivery will be taken.
Councilor Smith suggested taking out the seven year loan as opposed to paying the balance due in full. He felt the $26,291 was a pretty low number and would be almost like “a bird in the hand” for the Town. He stated that he understood Town Manager Layton’s viewpoint but wanted to express his viewpoint as a matter of thought.
Mayor Pro Tempore Thibodeau appreciated Councilor Smith’s viewpoint on paying the engine off over seven years but agreed with Town Manager Layton’s recommendation that it should be paid in a lump sum payment.
Councilor Lindley also appreciated Councilor Smith’s comments but agreed that it should be paid with cash.
Town Manager Layton clarified that the debt would be incurred by the Fire Department and not the Town. The funding would come from the Town. He stated that because the debt is under $500,000, the Town would not have to go to the Local Government Commission for approval. He stated that due to the loan on the Municipal Property, the Town would be paying cash for a lot of things until that loan is paid down.
Mayor Pro Tempore Thibodeau moved to approve the funding of the balance on the Fire Department engine through a one-time appropriation.
Motion approved 5-0.
NEW BUSINESS
Discussion/Consideration of Ordinance 05-11, an Ordinance Regulating Cable Service in the Town of Duck
It was consensus of Council to defer the consideration of Ordinance 05-11 to a future meeting.
It was consensus of Council to defer the consideration of Ordinance 05-12 to a future meeting.
Appointment of Two Council Members to Serve as Check Signatories
Mayor Morrison stated that two (2) Council members would need to be appointed to serve as check signatories.
Councilor Lindley moved to appoint the Mayor and Mayor Pro Tempore as check signatories for the Town.
Motion carried 5-0.
Discussion/Consideration of Resolution #05-17, a Resolution Amending Resolution #05-03, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing the Municipal Property Master Plan Advisory Committee
Town Manager Layton stated that when the resolution was approved, three (3) members were appointed. It was not anticipated that committee members would be taking extended vacations, so in order to ensure that the decisions that need to be made by the committee aren’t delayed, it would be advisable to appoint another member so there will always be three members to discuss the issues. This amendment was necessitated by the fact that one of the members will be away for an extended period of time and the committee is getting ready to make a lot of decisions in the next few months. He stated that Avery Harrison has been recommended to be appointed to the Committee.
Councilor Caviness moved to adopt Resolution 05-17, a Resolution Amending Resolution 05-03, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing the Municipal Property Master Plan Advisory Committee.
Motion adopted 5-0.
Appointment to the Shoreline Management Commission
Mayor Morrison stated that Gene Schwarz had originally served on the Shoreline Management Commission. He stated that the mayor of each Town serves on the Commission.
Town Manager Layton stated that the consensus of the Council when the original appointment was made was that the Mayor would serve in that capacity. He stated that because it was a consensus and not formally adopted, he would prefer Council formally appoint the Mayor.
Mayor Morrison asked if subsequent Mayors of the Town would be appointed to the Commission. Town Manager Layton stated he was correct.
Mayor Pro Tempore Thibodeau moved to appoint the current Mayor to the Shoreline Management Commission.
Motion carried 5-0.
Council Caviness asked if a separate motion would need to be made to make the Mayor part of the official policy for the appointments to the Commission. Town Manager Layton felt it would be helpful.
Councilor Caviness moved to have the Mayor be the representative of the Commission as part of the Town policy.
Motion carried 5-0.
Appointment to the Town of Duck Board of Adjustment
Mayor Morrison stated that Denver Lindley has resigned from his position on the Board of Adjustment due to his election to serve on the Town Council. It was recommended that Darwin “Dock” Drewyer be appointed to fill Mr. Lindley’s unexpired term. He stated that an alternate would also need to be appointed. He asked for nominations.
Councilor Smith nominated Eileen Neren to the position of alternate. Mayor Morrison asked Ms. Neren if she is still interested in the position. She stated she would like to serve on the Board of Adjustment.
Councilor Smith moved to appoint Darwin “Dock” Drewyer to fill Councilor Lindley’s unexpired term as a full member and to appoint Eileen Neren to fill Mr. Drewyer’s unexpired term as an alternate of the Town of Duck Board of Adjustment.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated that 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 building permit activity, police department activity and fire department activity reports to Council.
Discussion of the January Council Retreat
Town Manager Layton stated that traditionally, Council has a retreat every January to set priorities and discuss issues for the upcoming year. Typically it is held near the mid-month meeting either at the Town’s office or off-site. It has been between 1-2 days in length with the agenda dictating the number of days required for the retreat. He asked Council if they wished to proceed to schedule a retreat for January, when it should be held and where it should be held. He stated that it would be helpful for Council to provide him with a list of items to be discussed before January 1, 2006.
Councilor Smith felt it was important to have a yearly retreat and thought early January would be best. Town Manager Layton stated that the retreat is usually the second Council meeting in January.
Councilor Lindley felt it would be good to have the retreat. He agreed with Councilor Smith’s comments.
Town Manager Layton pointed out that in 2005 it was held at the Sanderling Inn; in 2004 it was held at the Town’s Administrative Offices. He asked Council if they had a preference as to where it should be held. Councilor Smith felt it would be better to have it off-site.
Mayor Morrison asked if the Sanderling Inn would be available on January 18, 2006 – the date of the Council’s mid-month meeting. Town Manager Layton stated he would check with the Inn on the availability.
Councilor Caviness felt that having it at the Sanderling would be a good idea. Mayor Pro Tempore Thibodeau agreed with Councilor Caviness.
It was consensus of Council to have a retreat on January 18, 2006 at the Sanderling Inn.
Town Manager Layton stated he would like a list of agenda items from Council so the agenda could be set. He stated he would like their items before January 1, 2006, if possible.
Joint Special Meeting, December 14, 2005
Town Manager Layton reminded Council that there will be a joint special meeting with the Planning Board on December 14, 2005 at 6:30 p.m. He stated that this will be part of the Village Commercial Development Option ordinance. He stated it will also be the regular Planning Board’s meeting.
Mayor Morrison asked if the new Council Members could be provided with a copy of the Zoning Ordinance. Councilors Smith and Lindley stated that they were provided with copies earlier.
Update on NC 12 Drainage Study
Town Manager Layton stated that on December 15, 2005, there will be a public meeting at 7:00 p.m. at the Duck Volunteer Fire Department. He stated that this meeting would be the final public meeting in regard to the NC 12 drainage study. The consultants will be attending to show their results and to get public input before finalizing their report to the Town. He stated that he and the consultants will be meeting with the Tuckahoe Homeowners’ Association to discuss some of the proposed solutions earlier in the day.
Town Manager Layton encouraged Council and the audience to attend the meeting.
Financial Statement for the Month of November 2005
Town Manager Layton stated he had not received all of the bank statements to date, but presented Council with a financial report on revenues and expenditures.
MAYOR’S AGENDA
Mayor Morrison reiterated how proud he was to be elected Mayor and looked forward to working with Council during the next two years.
COUNCIL MEMBERS’ AGENDA
Councilor Caviness stated that she would like to discuss “party houses” at the retreat in January or have it sent down to the Planning Board for their review. Town Manager Layton stated that Planning Director Cotellessa has been researching the issue. He felt it was appropriate as a retreat item before sending it to the Planning Board.
Councilor Caviness thanked everyone for helping out with the 10th Annual Advice 5k Turkey Trot. She stated that $5,500 was raised and will be given to the Dare Education Foundation.
Mayor Pro Tempore Thibodeau thanked Council for electing her to the position of Mayor Pro Tempore. She stated she is excited about the opportunity and serving the citizens of Duck. She agreed with Town Manager Layton in regards to the “party houses” and having it as a discussion item at the retreat.
Councilor Lindley stated that it is an enormous privilege and honor to be elected to the Town Council and thanked everyone for voting for him. He also thanked those that served on the Council before him.
Councilor Smith echoed Councilor Lindley’s comments. He stated that he appreciates the efforts given by the former Mayor and Mayor Pro Tempore. He stated he is excited to be a part of Duck’s future.
OTHER BUSINESS
Mayor Morrison asked for any other business. He stated the next meeting will be Wednesday, December 14, 2005 at 6:30 p.m. as a joint meeting with the Planning Board.
CLOSED SESSION
Councilor Caviness 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 and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease.
Motion carried 5-0.
The time was 8:30 p.m.
Upon return from closed session, Town Manager Layton stated that the next meeting has been advertised so Council does not need to recess and can adjourn the meeting.
There being no further business, Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:15 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor