TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
January 4, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, January 4, 2006.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Fire Chief John Mascaro; Administrative Assistant Sandy Cady; and Deputy Town Clerk Lori Kopec.
ABSENT: None.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison asked Mayor Pro Tempore Thibodeau to lead the Pledge of Allegiance. Mayor Morrison stated that the Town had lost two very prominent citizens of Duck in the last week – Bob Cook and Rick Herron. He asked Council and the audience to remember them during the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
Marilyn March of 103 Mallard Drive was recognized to speak. Ms. March stated that it was nice of the Town to present the appearance awards. She stated it was nice to see the winners in the local newspaper.
Fire Chief John Mascaro was recognized to speak. Fire Chief Mascaro stated that on November 3, 2005 Officer Gerard Couture had pulled a citizen over for speeding and found her to be suffering from a diabetic reaction. Officer Couture gave the person some candy, which improved her condition. Fire Chief Mascaro went on present Officer Couture with a certificate of appreciation from the Fire Department for his actions in helping the citizens. Officer Couture was recognized to speak. He stated that he was honored and just doing his job.
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 December 7, 2005 regular meeting and the December 14, 2005 Town Council/Planning Board Special Joint meeting. Mayor Morrison directed Council to review the minutes from the December 7, 2005 meeting for changes.
Councilor Lindley moved to approve the December 7, 2005 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the December 14, 2005 meeting for changes.
Councilor Smith had two typographical clarifications made to the minutes.
Councilor Caviness moved to approve the December 14, 2005 minutes as amended.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Presentation by Mirek Dabrowski, Ocean Rescue
Mirek Dabrowski was recognized to speak. Mr. Dabrowski gave a short presentation to Council and the audience on the services of Ocean Rescue for the past summer season as well as making some recommendations for the coming season. He recommended an additional lifeguard stand near the Four Seasons subdivision as well as an additional four-wheeler that would roam from the Schooner Ridge subdivision to the south Town line.
Town Manager Layton asked where the current lifeguard stands are. Mr. Dabrowski stated there are stands at Plover Drive, Schooner Ridge Drive, Barrier Island and Sprigtail Lane.
Mayor Pro Tempore Thibodeau asked if the northern end of the beach is covered by a roaming ATV. Mr. Dabrowski stated she was correct but added that the stand at Sprigtail Lane covers it as well. He stated that if he could add another stand, he would put it near the Snow Geese South subdivision.
Councilor Smith asked how many ATVs are on the beach at one time. Mr. Dabrowski stated he has six (6) ATVs on the beach at one time.
Mayor Morrison asked how many ATVs the Town has. Mr. Dabrowski stated that there are 2 in Town. Mayor Morrison asked if he had spoken to the Town of Southern Shores about splitting the cost for the extra ATV. Mr. Dabrowski stated that he will approach them regarding it.
Mayor Morrison thanked Mr. Dabrowski for his presentation.
Consideration of a Contract Amendment with Coinjock Farms to allow for Additional Service to the Municipal Property
Town Manager Layton stated that the Town currently has a contract with Coinjock Farms for maintenance of the Duck Trail as well as mowing two (2) sections of the Municipal Property. He stated that Coinjock Farms was also hired to begin the process of removing the invasive species on the Town property. He stated that this process needs to continue on a regular basis to keep the invasive species down and keep the property presentable. He stated that the cost of the additional service is $750.00 per year. He recommended Council approve the amendment to the contract to add the additional services.
Mayor Pro Tempore Thibodeau moved to approve the contract amendment with Coinjock Farms.
Councilor Caviness stated that she is amazed to walk past the Town property and be able to see straight to the sound from Duck Road.
Town Manager Layton encouraged Council to walk the property. He stated that there may be some additional clearing but most of it has already been completed. He stated that the intent will be to keep most of the trees on the property.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Resolution 06-01, a Resolution of the Town Council of the Town of Duck, North Carolina, Urging the North Carolina Department of Transportation and the U.S. Fish and Wildlife Service, U.S. Department of Interior, to Replace the aging Bonner Bridge over Oregon Inlet with a Parallel Bridge Immediately
Town Manager Layton stated that the Bonner Bridge is in very bad shape and needs to be replaced. He stated there has been a lot of discussion as to where the parallel bridge should be and the position that most individuals and localities are taking is to move forward and construct a bridge parallel to the existing one. He stated the Tourism Bureau and the Town of Kill Devil Hills have approved resolutions on this issue as well. He recommended Council approve the resolution.
Councilor Lindley asked if the new bridge would alleviate the sand issue at the existing bridge. Town Manager Layton stated he did not know. Mayor Pro Tempore Thibodeau stated she had read that if the parallel bridge is constructed, the groin structure would need to be necessitated to help preserve Oregon Inlet.
Councilor Smith asked why Bodie Island Lighthouse was listed in the resolution as being south of the bridge when it is north of the bridge. Mayor Morrison suggested removing the item from the resolution.
Councilor Caviness moved to approve Resolution 06-01, a Resolution of the Town Council of the Town of Duck, North Carolina, Urging the North Carolina Department of Transportation and the U.S. Fish and Wildlife Service, U.S. Department of Interior, to replace the aging Bonner Bridge over Oregon Inlet with a parallel bridge immediately, with the reference to Bodie Island Lighthouse removed.
Motion adopted 5-0.
Town Manager Layton stated that for over a year, Town staff has been working with the Elizabeth City CAMA office to implement a local CAMA Minor permitting process. This has been done at the request of CAMA, who would like for the Town to help them out and provide minor permitting and enforcement. He stated that the Town was approached in January 2005 regarding it and had expected to bring the request forward to Council but were unable to do so. The Letter of Intent would get the Town into the process for a July 1, 2006 start date for the program. He gave a short background on the CAMA Minor permitting program to Council and the audience. He stated the Letter of Intent would also allow the Town to handle minor permits as opposed to putting in an application with Elizabeth City or Dare County. He stated there are budgetary issues with this and Administrative Assistant Sandy Cady has been training to become the CAMA permitting official. He stated that she is ready to go and looking forward to getting on with it. He stated that if Council authorizes the Letter of Intent, it will go through a process to meet the July 1, 2006 date, with Administrative Assistant Cady interning with the Elizabeth City office. He reviewed the procedures to have everything go into effect with Council and the audience. Planning Director Cotellessa explained the difference between minor and major permits to Council and the audience.
Councilor Smith asked if the Town would receive monies for the permit fees. Town Manager Layton stated that there are fees, of which the Town does get reimbursed from the State. He stated the program will cost the Town to implement. Councilor Smith asked if the other municipalities have CAMA permitting officers. Town Manager Layton stated that they do. Administrative Assistant Cady stated that most municipalities have more than one permitting officer. Councilor Smith asked if the Town would incur any liabilities. Planning Director Cotellessa stated that all permits that are issued by local permit officers are subject to review by the Elizabeth City CAMA office.
Councilor Lindley moved to authorize the Town Manager to sign the Letter of Intent.
Motion carried 5-0.
Appointments
Planning Board Liaison
Mayor Morrison moved to nominate Denver Lindley as the Planning Board Liaison. There being no other nominations, the motion was approved 5-0.
Build the Bridge Preserve Our Road Committee
Mayor Morrison moved to nominate Nancy Caviness to the Build the Bridge, Preserve Our Road Committee. There being no other nominations, the motion was approved 5-0.
Government Access Channel Committee
Mayor Morrison moved to nominate Bart Smith to the Government Access Channel Committee. There being no other nominations, the motion was approved 5-0.
Duck Trail Committee
Mayor Morrison stated that Avery Harrison had formerly served on the Duck Trail Committee and has since been appointed to the Municipal Property Advisory Committee. He stated that a new representative would be needed for the Duck Trail Committee.
Town Manager Layton stated that because the Duck Trail Committee is a popular one, staff went out to recruit citizens that would be interested in serving. He stated that Claiborne Yarbrough had expressed an interest in serving the community. He stated that if Council approves, she would be willing to serve on the Committee.
Mayor Pro Tempore Thibodeau moved to appoint Claiborne Yarbrough to the Duck Trail Committee.
Motion approved 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He gave an update on the conflict with the Town of Southern Shores and NC DOT regarding the possible widening of NC 12 in Southern Shores against the town’s wishes. He stated that the Town of Southern Shores had adopted a resolution asking NCDOT to stop any work and are also seeking assistance from Marc Basnight, Stan White and William Culpepper. He suggested Council draft a resolution supporting the Town of Southern Shores on their position.
Town Manager Layton stated that Council had received a copy of the Town of Southern Shores’ draft resolution. He stated he had spoken with the Town Manager of Southern Shores regarding it and is waiting on direction from him on what role they would like the Town to take in assisting with the issue.
Mayor Morrison thought that the Town should do whatever possible to support the Town of Southern Shores. He felt a resolution should be drafted and discussed at the Retreat. Councilor Lindley asked it would be enough time. Town Manager Layton believed it would be.
Councilor Caviness asked if the Build the Bridge Committee was represented. Town Attorney McRee stated that they were and will be launching a campaign against it.
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 Municipal Property Master Plan
Town Manager Layton stated that at the Retreat, Chris Dewitt from VHB, Inc. will be giving a presentation on the status to date of the Plan, including the 50% Plan that is now complete. He stated that the Town will be submitting a major permit to CAMA around the end of January for the soundside boardwalk. Once the permit is issued by CAMA, the Town will begin construction. He stated that the Town has received confirmation of the grant award for the boardwalk and is expecting to be notified of the $225,000 grant from the Visitors Bureau around July 1, 2006.
Update on NC 12 Drainage Study
Town Manager Layton stated that most of Council was at the last public hearing on the study. He stated that at the Retreat, he expects Chris Dewitt to give a presentation on the entire plan. He stated that the most important piece of the study is related to the Tuckahoe subdivision. He stated that he expects the plan to recommend a three (3) phase approach to the flooding issue at Tuckahoe. He went on to review the three phases to Council and the audience.
Update on Council Retreat
Town Manager Layton stated that the Retreat will be on January 18, 2006 at the Sanderling Inn from 9:00 a.m. to 5:00 p.m. He stated that he and Mayor Morrison are working on an agenda for it.
Board of Adjustment Meeting January 6, 2006
Town Manager Layton stated that there will be a Board of Adjustments meeting on Friday, January 6, 2006 at 2:00 p.m. to discuss a setback variance.
Budget Amendments
Town Manager Layton stated that the budget amendment is to transfer $303,000 from the Fund Balance to the Fire Department to fund the remaining balance on the purchase of the Fire Department’s new engine.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment.
Motion approved 5-0.
Financial Statement for the Month of December 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 stated he did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau asked when the new fire truck would be delivered. Chief Mascaro stated it will be ready January 14, 2006.
Councilor Lindley stated he had nothing to report.
Councilor Smith stated that he had visited Charleston, South Carolina recently and was amazed at how the town has preserved their older buildings. He stated that the extra effort the town of Charleston put in was well worth it.
Councilor Caviness stated that she had nothing to report.
OTHER BUSINESS
Mayor Morrison asked for any other business. He stated the next meeting will be Wednesday, January 18 , 2006 at 9:00 a.m. as a Retreat at the Sanderling Inn.
There being no further business, Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:20 p.m.
_________________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor