TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
February 1, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, February 1, 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; Deputy Fire Chief Donna Black; Administrative Assistant Sandy Cady; Public Relations Coordinator Kathy McCullough-Testa; and Deputy Town Clerk Lori Kopec.
ABSENT: None.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison asked Councilor Caviness to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that all comments related to the public hearings be held off.
There being no one wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the January 4, 2006 regular meeting. Mayor Morrison directed Council to review the minutes from the January 4, 2006 meeting for changes.
Councilor Lindley moved to approve the January 4, 2006 minutes as presented.
Motion carried 5-0.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton introduced the Town of Duck’s newest police officer, Donna Greene. He stated that she comes to the Town’s police department with fifteen (15) years experience. He gave a short background on her career with Council and the audience.
Mayor Morrison and Council welcomed Officer Greene to the Town.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Resolution 06-02, a Resolution Regarding a Local Implementation and Enforcement Plan to Allow the Town to Act as the Permit-Letting Agency to Administer a Permit for Minor Development in Areas of Environmental Concern within the Limits of Incorporated Duck, Pursuant to the Coastal Area Management Act (CAMA) G.S. 113A-121
Mayor Morrison stated that the public hearing was open and asked if anyone wished to comment on the resolution.
Administrative Assistant Sandy Cady was recognized to speak. Administrative Assistant Cady gave a short background on the process for the Town to act as the permit-letting agency to Council and the audience.
Mayor Pro Tempore Thibodeau asked if the implementation and enforcement plan was boilerplate language that is seen in other jurisdictions or if it tailored to the Town. Administrative Assistant Cady stated that the plan itself was taken from a sample from Elizabeth City and from there, language was taken directly from the general statutes and then the plan was customized to meet the Town’s needs.
Councilor Lindley asked if the fee would be budget neutral or expensed/profited to the Town. Administrative Assistant Cady stated that she expected it to be budget neutral.
Councilor Smith asked if someone calls with a minor application, what would the steps be involved. Administrative Assistant Cady stated that she would be trained on the steps involved in the permitting process, but briefly noted the types of approvals possible such as conditional, unconditional and passive. Councilor Smith asked if she will be responsible to make sure the conditions are met and continue to be met. Administrative Assistant Cady stated that she expects it to be her responsibility.
Councilor Caviness asked if it was conceivable that there would be projects that would be minor and major permitting. Administrative Assistant Cady stated that if that were to happen, both she and the Field Representative from the Elizabeth City office would coordinate their efforts.
Councilor Smith moved to approved Resolution 06-02 as presented.
Motion carried 5-0.
Public Hearing/Discussion/Consideration of CUP 05-07, a Conditional Use Permit Application under the Village Commercial Development Option by PRK Land Company, LLC for the Construction of a New Building with Approximately 2,500 Square Feet of Retail Space and an Approximately 1,250 Square Foot Apartment at 1176 Duck Road
Mayor Morrison stated that the Council is a quasi-judicial body and therefore certain safeguards must be in effect. He stated that the public hearing is not a debate and turned the meeting over to Town Clerk Layton.
Town Clerk Layton asked for those who were testifying to stand and be sworn in. He then proceeded to swear the people in.
Mayor Morrison recognized Planning Director Suzanne Cotellessa to speak. Planning Director Cotellessa stated that over the past few months Town staff and the Planning Board have been working with representatives of PRK Land Company, LLC regarding the construction of a retail surf shop with an accessory apartment. She stated that the Planning Board met with the applicants on several occasions, including a joint work session with the Council. She stated that Council’s packet included draft findings and conditions that contain the recommendations of the Planning Board. She stated that after the public hearing is conducted, Council will consider the draft findings and either adopt them, adopt them with modifications or adopt new findings with any conditions that may be appropriate. She pointed out that Council may also wish to defer action in order to receive additional information.
Mayor Pro Tempore Thibodeau asked Planning Director Cotellessa for a clarification on Attachment G. She asked if the items listed in black ink were asked by the Planning Board. Planning Director Cotellessa stated that they were the recommendations of the Planning Board.
Mayor Morrison asked for public comments.
Rick Kowalewitch of PRK Land Company, LLC was recognized to speak. Mr. Kowalewitch stated that he is one of the partners for the Outer Banks Surf Shop and owns another surf shop in Virginia Beach named RK’s Surf Shop and has been in business approximately twenty-four (24) years. He stated that his attorney was to represent him at the meeting but was called away due to a family emergency. He went on to point out that the property he owns is a difficult property due to setbacks, buffers, CAMA setbacks, power lines over the property and parking. He stated they have changed their plan over twenty (20) times to accommodate the Town.
Rick Kowalewitch pointed out that the building is 2,500 square feet, which comes to 2,000 useable square feet of retail space and needs ten (10) parking places for the store and two (2) parking places for the accessory apartment. He stated that they have submitted several plans to accommodate the Town. He stated they adjusted the plans to accommodate the landscaping on the parking edges. He stated that the landscape plan originally had the bicycle racks listed due to a suggestion. He stated that the trees were an additional option that was added due to a suggestion from the Planning staff. He stated that some of the plants that grow near the sound do not do well and would be expensive to maintain. He stated that he did not want the project to stop because of the plants, the parking or the signs. He stated that he has been in business for twenty-four (24) years and has some wisdom on what works.
Rick Kowalewitch stated that they would be willing to change the colors of their sign if need be. He stated that he uses red, white and blue on his signs because he loves the United States. He went on to review a list of issues that Planning Director Cotellessa had mentioned in her presentation. He stated that they have not asked for any difference in setbacks. He stated that there are no ordinances that discuss water retention, but they submitted a plan that is twice the standard of the State. He stated that the major obstacle was the size of the property. He stated he had first met with Planning Director Cotellessa in January 2005 in regard to the property. He stated they have replaced the bulkhead on the property which added a nice flavor. He stated that they started the process to be user friendly and do the right thing and felt they have accomplished just that. He stated that it has cost him a lot of money to keep changing things, but that it’s not a perfect plan. He stated that he hopes the project moves forward.
Rick Kowalewitch then reviewed the conditions that Planning Director Cotellessa had presented. He showed Council and the audience a sample of the roof material and pointed out that it is not forest green, as referenced in the paperwork, but mint green. He stated he has had this same sample since July 2005 and wanted to clarify that the color had not changed. He stated that he had a problem with the front easement that was asked of him. He stated that he was surprised to see it. He stated that he would be willing to allow the Town to put in a sidewalk in front of his store, but a fifteen (15) foot setback on the property would be a problem. He pointed out that they are twenty percent (20%) less coverage than a by-right development. He stated that they have done a good job and hoped that Council would approve the plan.
S.A. Karageorge was recognized to speak. Mr. Karageorge stated that he is a partner with Mr. Kowalewitch. He stated that they have tried very hard to meet all of the criteria that were necessary. He stated they wanted the store open in 2005 but it didn’t happen. He stated that they are at the “last hour” and if it doesn’t get approved, they will have to forget the plan and go back to the original existing building as they have to be open for the summer. He stated they have done everything they were supposed to, to get things right and have met several times with the Planning Board. He stated that they thought everything was fine but are now met with the issue of the sidewalk. He stated they will work with the Town when the time comes but asked that the project not be stopped.
Tom Franchi was recognized to speak. Mr. Franchi stated he is the site engineer for the project. He stated that it was stated several times that the building is too big. He stated they looked at several options, but they wouldn’t get much by taking space off of the building. He stated there isn’t a scope in reducing the building size that receives any benefit. He stated that they just heard about the sidewalk easement earlier in the week and pointed out that moving the septic field would not be easy and would be a major impediment to the project.
Town Attorney Donald “Ike” McRee was recognized to speak. Town Attorney McRee suggested Council ask questions of the applicants and witnesses and then have additional individuals who wish to speak be sworn in.
Mayor Morrison asked Council for their comments or questions.
Mayor Pro Tempore Thibodeau stated she appreciated the south elevation shown on the façade but asked if the fence and Oleanders would be removed between the property, Herron’s Waterfront Restaurant and the shops to the south of the property. Rick Kowalewitch stated he had approached all the property owners and he and Rick Herron were going to take the fence down between his property and Herron’s as well as doing some nice landscaping. He stated he still wants to do that as he doesn’t think the fences look good. He stated he would work with the shop owners at the other property as well but didn’t want the fences to stop the project from moving forward. Mr. Karageorge pointed out that the fences weren’t Mr. Kowalewitch’s. Mayor Pro Tempore Thibodeau stated that he was correct but that it is an issue that affects the south elevation. Mr. Karageorge stated he would like to have both fences removed, but the owners of the adjacent properties would have to work with them.
Mayor Pro Tempore Thibodeau asked how the final engineered stamped plans would be done and what is Planning Director Cotellessa looking for. She asked if changes were made by Council, would the changes be reflected and then stamped. Planning Director Cotellessa stated it would be whatever changes Council makes. Then the applicant can realize the final site plan and administratively Town staff can approve the final site plan that reflects the conditions. She pointed out that all the requirements for a site plan are spelled out in the Town’s ordinance. She stated that any site plan that is finaled through a conditional use process have on the face of the plan the conditions that will state how it was approved as well as language for the soundfront or the pedestrian trail on the front of the property. She stated that the statements on the conceptual site plan that state “approximate area for future agreement” will not be relevant and should be removed.
Mayor Pro Tempore Thibodeau asked if the actual language would be written on the plan. Planning Director Cotellessa stated she was correct. Mayor Pro Tempore Thibodeau asked if the word “approximate” would be adequate or would something more specific be needed. Planning Director Cotellessa stated that the entire statement would need to be removed. Town Manager Layton stated that the site plan would have a text box that would state the conditions that Council adopts.
Rick Kowalewitch stated that Council would be giving him a conditional use permit, which dictates what he has to do to maintain the permit. He stated that if Council makes stipulations, he has to follow it or else Council can pull the permit. He stated that the site plan is very complicated and to add more to it would make it harder. He stated that they have to follow strict codes on how to build the property. He stated that after the meeting ends, he would go back to his architect and have him re-draw the plans. He stated that the site plan submitted is a plan that he submitted for Council’s approval. He stated that Tom Franchi would certify the plan as it is and the building would be built to the stipulations.
Planning Director Cotellessa reviewed the condition of an easement on the property from the CUP to Council and the audience. Mayor Pro Tempore Thibodeau asked if the fifteen (15) foot easement that is being recommended was discussed with specifics with the Planning Board. Planning Director Cotellessa stated it wasn’t and that the Planning Board had said the area in front of the building should have an easement provided that provides maximum cooperation from the applicants.
Phillip Karageorge was recognized to speak. Mr. Karageorge stated that he had read in the Planning Board minutes that the sidewalk wasn’t going to happen. He stated they are not against a sidewalk, but they cannot allow fifteen (15) feet in front of the property as it will destroy the whole plan and they would be back at square one.
Rick Kowalewitch pointed out that CAMA did not always have a seventy-five (75) foot setback. He stated that buildings could not be built with that type of setback. He stated that there is a thirty (30) foot setback from CAMA where nothing can be built and a seventy-five (75) foot or thirty percent (30%) of the area can be built over pervious surface. He stated that the buildings have to be built forward and cannot be moved back due to CAMA setbacks. He stated that if the power lines were not an issue, the building could have been set further back on the property, but Planning Director Cotellessa wanted the parking behind the building. He asked how he could accomplish putting parking behind the building as well as moving the building back. He stated that these were issues they had to deal with.
Councilor Smith stated that his biggest concern about the layout of the building is the lack of significant landscaping. He stated that the site plan is lacking significant landscaping. He stated that he was happy to see the three (3) live oaks on the plan. He stated that if an easement on the property has to be set, it should be done now. He stated he feels strongly about the live oaks being on the east end of the building as it will be a nice buffer. He stated that he wanted to move forward with the easement on the sidewalk because there is a very real possibility that it will happen.
Planning Director Cotellessa stated that planting live oaks would be a very good feature for the property. She stated that the size of the trees would be relevant to the size of the building. She clarified that staff had not recommended parking behind the building, but that the Town ordinance states that parking is desirable behind a building except for soundfront properties. She stated that if the building were smaller, it would be better accommodated on the site – the building could have been put back further, trees could have been put in front of it, the Trail as well as more parking would be accommodated. She stated that CAMA does not have a seventy-five (75) foot setback; it has a thirty (30) foot required buffer through the sound. Anything within thirty and seventy-five feet could comprise no more than thirty percent (30%) of the site. She stated that CAMA has the responsibility to review anything that happens within seventy-five feet of the sound. She stated that the building partially falls within that setback so CAMA would be involved in reviewing it. She stated that she has concerns with the roof in that throughout the entire process the roof was referred to as “forest green” and had been discussed with the applicants several times. She stated that there is a requirement in Village Commercial Districts for earth tone colors. She stated that she was concerned if the mint green roof is appropriate and meets the conditions as recommended by the Planning Board. She stated that there have been several discussions on the color of the roof and there are different hues and depths of forest green. She stated that Council will have to look at the vinyl siding on the building and the metal roof to determine appropriate colors.
S.A. Karageorge stated that they have always had the mint green roof and brought in the sample to the meetings. He stated he didn’t know how the forest green was referenced except that staff put it in their report. He stated that they have had the mint green sample as the color they wanted and will be the color they intend to use. Mayor Morrison stated that the sample does look like the color on the conceptual rendering. Mr. Karageorge felt it was beautiful color for the building.
Rick Kowalewitch pointed out that the adjacent properties have their septic fields on the front of their properties. He stated that if Council is looking for sidewalk issues, the condo association has trees and septic out front and he believed that Herron’s has septic on the front as well. He asked if they have to give up fifteen (15) feet, what the adjacent property owners would do.
Councilor Lindley asked if there is currently a sidewalk easement on the side of the road that the applicant’s building is on. Planning Director Cotellessa stated that there is a trail on that side of the road within the right-of-way that narrows and dips and does not match up to the trail on either side of the property.
S.A. Karageorge stated they would be willing to work with the Town on any future walkways that are needed.
Mayor Morrison called for a five (5) minute recess. The time was 8:07 p.m.
Mayor Morrison reconvened the meeting.
Mayor Morrison stated that some members of Council had asked for clarification of Item 9 in the CUP regarding the need for an easement. Planning Director Cotellessa went on to clarify what the Planning Board had asked for in regard to the easement in front of the applicant’s property.
Tom Franchi stated that if the septic field has to be removed in order to accommodate the easement, his client would have a problem as there is no obvious solution.
Mayor Pro Tempore Thibodeau asked how far the edge of the septic is from the edge of the pavement. Tom Franchi stated it was approximately five (5) feet. Mayor Morrison asked if the trail is narrowed adjacent to NC 12. Town Manager Layton stated that NC DOT was unable to get the right-of-way when they put in the rest of the trail.
Mayor Morrison asked how wide the trail is past the property. Town Manager Layton believed it was six (6) feet. Mayor Pro Tempore Thibodeau asked if the trail goes from six (6) feet in front of Resort Quest. Planning Director Cotellessa stated that the width varies throughout the Village Commercial District, but it is clearly wider in front of Resort Quest than it is in front of the applicant’s property. Mayor Morrison asked how far the septic field was from the edge of the pavement. Tom Franchi stated it was approximately five (5) feet. Mayor Morrison asked that if the applicant has two (2) feet there presently, they could expand the walkway to seven (7) feet. Mr. Franchi guessed they could. Mayor Morrison asked if they would not have to move their septic system if they expanded the walkway. Rick Kowalewitch stated he was correct. Town Manager Layton stated it would depend on the line that would base the five (5) feet. Planning Director Cotellessa stated that it looks like there would be an opportunity to leave the septic as is and make a condition to include a minimum five (5) foot easement. She stated it would have some positive impact. Mayor Morrison wondered if using some flexibility, the trail could be expanded from two (2) feet to six to seven (6-7) feet without requiring the applicant to move the septic system. He felt it would be a good compromise. S.A. Karageorge stated they would be willing to work with the Town.
Councilor Smith asked how the three (3) 67 foot line gravel bed systems were determined and if the Health Department came up with the number. Tom Franchi stated that the Health Department came up with the figure. He stated that his concern is if they have to take away the fifteen (15) feet, they may be put in a position where the Health Department will have an issue. Rick Kowalewitch stated that to stay in compliance with the Health Department, they have to stay so many feet away from the stairs and the water retention area.
Mayor Pro Tempore Thibodeau asked if a stormwater plan is not normally done. Tom Franchi stated she was correct. She asked if there were any other stormwater plans. Planning Director Cotellessa stated that the State of North Carolina requires a stormwater plan for properties one (1) acre and above. She stated that there is not a local ordinance requiring it for properties the size of the applicant’s except that the ordinance calls for a review of a Conditional Use Permit in the Village Commercial Development Option and the impacts of stormwater on the site. Rick Kowalewitch stated there were stormwater plans in the Town’s ordinance, but the State plan is half of what they did. He stated that they did not have to submit a plan because of the ordinance and because the property is less than one (1) acre. He stated that they did it anyway. Tom Franchi stated that the critical aspect of the plan is for a ten (10) year, four (4) hour storm and to keep one hundred percent (100%) of the water after development on the site.
Councilor Smith asked if an adequate hurricane rating could be achieved with windows with mullion inserts. Planning Director Cotellessa stated it could as it will be required by North Carolina Building Code to meet hurricane standards. Councilor Smith asked if the windows were single or double pane and were the mullions inside the window panes. Phillip Karageorge stated that the mullions would be a wood frame on the outside of the window and would have a decorative look to it. Councilor Smith asked if the mullions would be permanent and not the type to fall off. Planning Director Cotellessa stated that they may come off, but if the condition requires it, they would be required to put the mullions back.
Councilor Caviness asked if the total square footage of the building will be 2,500 square feet. Planning Director Cotellessa stated it would be 2,540 square feet. Councilor Caviness asked if it included decks and porches with approximately 2,000 square feet of retail space. Planning Director Cotellessa stated that she was correct. Councilor Caviness stated that it was stated earlier in the meeting that the lot coverage was twenty percent (20%) less than what is permissible by residential. She asked what the square footage of a building allowed would be if it was pursued by-right and not through Village Commercial. Planning Director Cotellessa stated that there is a by-right maximum of sixty percent (60%) in the Village Commercial District on a 15,000 square foot lot. However, in the by-right development area it would have to meet all of the codes and would probably not meet sixty percent (60%). Tom Franchi stated that the actual limitation on the building size is a determination of the bigger the building, the more parking would be required. He stated the limitation is the drainage.
Town Attorney McRee suggested that Mayor Morrison ask if any individuals want to present any evidence and if not, close the evidentiary phase of the hearing so Council can begin their deliberations.
Mayor Morrison asked if any individual had any factual evidence as to whether or not the applicants meet the specific conditions and standards of the ordinance. He asked if anyone wished to make additional recommendations or conditions as authorized by the Zoning Ordinance. There being no one wishing to come forward, he closed the evidentiary phase of the hearing.
Mayor Morrison opened the floor for Council to deliberate.
Councilor Lindley reminded Council that there is a vision statement for the Town of Duck which was part of the CAMA Use Plan. He went on to read the vision statement to Council and the audience, which states: "The Town of Duck desires to remain a slow paced, coastal village and family oriented vacation destination. The Town seeks to maintain its charm and character. It will accomplish these objectives by: balancing residential and commercial land uses; protecting and preserving view sheds; protecting and preserving the natural environment and the waters of the ocean and sound; and, discouraging over-commercialization and intensive land use developments that are not compatible with the Town's residential nature and established development patterns." He asked that Council keep the vision statement in mind.
Mayor Morrison read a portion of the Land Use Plan to Council and the audience. He read a section of the Zoning Ordinance to Council and the audience regarding the Village Commercial Development Option. He asked Council to keep the portions he just read in mind as they deliberate.
Mayor Pro Tempore Thibodeau thanked everyone involved in the process of the Conditional Use Permit and understood that it has been frustrating at times, but she has been pleased in the process. She stated that she likes that the building has a nice approach. She didn’t think the building being closer to the street would be a hindrance as it blends with the look of Duck. She stated that she doesn’t have any objections to the color of the roof. She stated that she would prefer to see the trees maintained on the site. She felt that a five (5) foot easement would work and would like to see as many trees around the site as possible. She stated that she would prefer to keep the septic where it is and lessen the requirement for the easement on the sidewalk. She stated that she didn’t think the building was too big and has been accepting of the size. She stated that she thought long and hard about the colors of the sign and felt Council should not get into legislation on the colors of the signs. She stated that she appreciated the applicant’s patience with the questions that Council had asked. She stated that she felt the applicants are trying to do the best they can to make the building look attractive. She asked who would be building the building. Rick Kowalewitch stated that Bob Evans would be doing the construction.
Councilor Smith stated he liked the side of the building as well as the overall look of the building. He stated that as far as the size, he somewhat agrees with the engineer in that if the building is smaller, it will not make a big difference. He commended the Planning Board on working on the parking issue. He stated that the Outer Banks is an expensive place to do business and he is a strong believer in needing a certain amount of space to have a retail business. He thought that the building would be approximately forty-five to fifty (45-50) feet off of the road before the maximum height of the building is realized. He stated he didn’t have a problem with the size of the building, but thought that strong language would be needed in regards to the divided light windows. He stated that he would like to see a decrease in the easement for the sidewalk as well as getting something worked out to keep the trees. He stated that he appreciates Mr. Kowalewitch’s patriotism with his signs, but didn’t think a red, white and blue sign would show his patriotism. He stated that the sign is nice, but does not match the colors of the building. He stated he would like the sign on the south side to have specific requirements on the size. He stated he wanted to limit the signs to the one on the northwest corner and the sign on the south side. He stated he did not want to see a roof sign as it would take away the look of the building. He stated he would like the walls to stay white and not have any murals or paintings on the side of the building. He stated he was fine with the mint green tin roof.
Mayor Morrison stated that he liked the look of the building but was unhappy with the south side. He stated he liked the Hatteras shutters, but felt a third (3rd) one would be needed. He stated he had no problem with the mint green roof. He read a portion of the CUP requirement regarding the size of the building to Council and the audience. He stated that the Zoning Ordinance and Land Use Plan discuss specific size of buildings and the impact they will have on the Town. He worried about how the building will look being so close to the road. He stated that he had re-read all of the Planning Board meeting minutes and at one time or another four (4) of the five (5) members expressed a concern about the size of the building. He went on to read quotes of Chairman Ron Forlano and Member John Jenkins regarding the size of the building to Council and the audience. He stated he questions the size of the building, feeling it was too large for the site and too close to the road. He stated he would like to see the building downsized somewhat. He stated he would be in favor of a five (5) foot easement across the front of the property.
Councilor Caviness thought that some of the changes that were presented are good, but that the size of the building has been and still is a concern. She stated that she is concerned that the Town use an adequate easement for the trail as the Trail is an asset to the community. She felt it was the Town’s responsibility to do whatever necessary to make sure the easement that is allocated in front of the property be adequate to keep the Trail a viable asset. She stated that she is concerned about the size of the building and felt that if a minor reduction in the size would allow the easement, then it should be done. She stated that the preservation of the Trail is very important. She stated she liked the architectural features of the building. She felt the south elevation could be improved upon by adding a window. She stated she would like to see more specifics on the signage. She stated that whatever decision is made on the building, that it stays and does not change. She felt that there wasn’t enough information about the free-standing sign and was concerned about where the sign would be on the property.
Councilor Lindley stated that he respects the work that goes into a project such as this one. He stated that his problem is that from the beginning there has been an “elephant in the room” that no one would address and that was the size of the building. He stated that the building is too large for the Village area. He stated the issue kept coming up in the Planning Board meetings as well as the Council meeting only to fall to the side. He stated it has not been addressed and he could not be favorable of the present size of the building.
Mayor Pro Tempore Thibodeau stated that the process of the Village Commercial District is a collaborative one. She stated that both Planning Board and Council have had an opportunity to be in a joint meeting and there was discussion about the size of the building. However, no one raised an issue on the size. She stated she would’ve liked to have heard the concerns at that point and received more comments from Planning Director Cotellessa as her input is vital and represents the Town. She stated that she did not get a feeling that the consensus was that the building was too big at the joint meeting. She felt that adding this as a concern after all this time was wrong. She agreed that not much could be built on the site as it is with the current zoning, the fact that the lot is fifteen thousand (15,000) square feet and it’s irregularly shaped. She appreciated the fact that the building has a gradual increase so the front impact was mitigated by the fact that the second story was further back on the street. She thought Council and Planning Board has come a long way and if someone had problems with the building, it has not been enough of an issue to stop the Planning Board from approving it and it hasn’t been a problem with staff until now. She asked if the applicant wishes to move forward with using the existing building as it is, would they be permitted to do so. Planning Director Cotellessa stated they could not put the commercial business in the existing building. Mayor Pro Tempore Thibodeau asked why they couldn’t. Planning Director Cotellessa stated that it is a residential property, built as residential and does not meet commercial codes. In order to be used as a commercial property, the applicants would have to go through a site plan process very similar to the CUP process where they would have to meet all of the requirements for a commercial property as well as the building being redone to meet commercial code. She stated that due to the age of the building, it would have to be rebuilt.
Councilor Smith feared decreasing the retail size of the building. He realized that it was bigger than it could be, but didn’t want to mimic the potential for success on the site as he would rather see a building that is a little larger because it doesn’t have enough retail space to be a success. He worried that decreasing the size of the building would hurt the applicant’s making a living on the Outer Banks.
Mayor Pro Tempore Thibodeau thought that by asking the applicants to decrease the size of the building at this time, it could be safely assumed that they would have to go through the CUP process all over again. Planning Director Cotellessa stated that they would have to go back through the Planning Board. Mayor Pro Tempore Thibodeau asked if they would have to go through the whole process again. Planning Director Cotellessa stated that a three (3) month delay would be a fair assessment. Mayor Pro Tempore Thibodeau felt that Council should focus their attention on a soundfront boardwalk in the Village Commercial if it becomes feasible. She stated that the applicant has given the Town both permission for a boardwalk and an easement and felt that would be sufficient. She didn’t feel a reduction in the size of the building would make a big difference in the way the building looks. She pointed out that the side of the building has a shed looking add on and thought with the additional hardship with the time involved, it would be a lot to ask to take away some footage from the front of the shed add on. She felt that trees would soften the impact of how the building looks. She stated she couldn’t see sending the applicants back to the drawing board for taking seven (7) feet off of the building.
Councilor Smith asked if the height of the building or overall lot coverage of the building is too big. Councilor Lindley stated that an important function of the building is the vegetation. He felt that every inch of additional vegetation on the property is important to the Town and that the look and size of the building is very important. He stated it has been recommended over and over again that the building was too big, but each time the applicants stated they weren’t going to change the size of the building with no discussion. He felt it was Council’s job to say yes or no to the size of the building. He stated he appreciates what the Planning Board does. He felt the building was too large for the site.
Mayor Morrison stated that Council has a responsibility to the citizens of Duck. He stated that the building will look big because it is close to the road. He stated that if it were further back, it may not be a problem. He stated that there will be individuals who will be unhappy with the building. He agreed with Councilor Lindley that the size came up at every Planning Board meeting with the applicant stating that it wasn’t an option to change the size. He stated that staff has continued to advise Council that the building is not going to fit on the lot because of its size. He thought ten percent (10%) would make a big difference as there could be more landscaping and more open space. He felt the building should be downsized. He asked if ten percent (10%) would be considered a significant change in the plan. Planning Director Cotellessa stated that it would depend on the architecture that resulted from the reduction. She stated that if the building were to be reduced, it should be reduced in proportion. She stated that ten percent (10%) would be difficult, but would accommodate more plantings and landscaping. She stated that she couldn’t say whether ten percent (10%) would make a difference. It has to be done in the context of site planning to show where the landscaping and parking would be. She cautioned that the final architecture would be the most important aspect. Mayor Morrison wondered if a substantial change had to be made, would the applicants have to go back to the Planning Board and go through the whole process again and posed the question on ten percent (10%) because of that. He asked if they could reduce the size of the building by ten percent (10%) while retaining the same features, porches, etc. and not have to go through the whole procedure again. Planning Director Cotellessa stated she would have to confer with the building inspector as it was an interpretation issue. Town Attorney McRee stated that the laws of North Carolina state that if it is a non-substantive change, then it would not require another public hearing. He stated that the interpretation of ten percent (10%) or so modification or reduction in the size of the structure would not be so substantive that it would require another public hearing before Council.
Mayor Morrison stated he is trying to be as cooperative as he could to spare the applicants the time of going through the whole procedure again, while still meeting the concerns of Council. Tom Franchi stated that the existing building on the site is one thousand one hundred and eighty-eight (1,188) square feet. He presented Council a sketch that would move the walls of the proposed building in by two (2) feet. He stated that if they did that, the property would get two (2) feet more landscaping. He suggested that this be the change to the building as it would be a reduction of approximately four hundred (400) square feet.
Mayor Pro Tempore Thibodeau wondered if another solution that Council could consider would be to take off a portion of the shed structure on the end so the building would sit seven (7) feet off the road.
Town Attorney McRee pointed out that the evidentiary phase of the hearing has been closed. However, if Mayor Morrison wished to re-open the evidentiary phase, he should make it part of the record. Mayor Morrison wished to continue with Council deliberations.
Mayor Morrison stated that while looking at the new sketch that Tom Franchi provided, he thought it would make a substantial difference in the appearance of the structure by taking two (2) feet off. He stated that maybe the applicant could do that without having to go through the procedure again. He asked if it could be specified that the applicant not go through the process. Town Attorney McRee felt Council should make it a condition of the approval that the structure would be reduced in size to a square footage amount of two (2) feet around the perimeter of the building and that the architecture shall conform as nearly practicable as possible. Mayor Morrison stated he would hate to see the applicants remove a portion of the shed structure. He felt it may adversely affect the appearance of the building.
Councilor Caviness asked if the site plan would have to be re-worked or tightened up. She stated she wanted clarification that there will be some level of going back and having work done. She stated she understood Mayor Pro Tempore Thibodeau’s suggestion of removing a portion of the shed structure and asked if it was possible to take two (2) feet off all the way around, not remove a portion of the shed structure, but take four (4) feet from the front and shrink the building down and pull it back from the road to accomplish a win-win situation.
Council went on to discuss possibly changing the size of the shed structure, removing a portion of the shed and moving another portion back while keeping most of the shed structure intact.
Mayor Pro Tempore Thibodeau stated that if Council’s concern is that the building will be too close to the road, she would be in favor of keeping the architectural changes to a minimum and cutting off a portion of the shed structure. She reminded Council that the applicants have put in a lot of time and money involved in going back to the drawing board with the architect at this stage.
Mayor Morrison asked Planning Director Cotellessa for her opinion on the changes that Council had discussed. Planning Director Cotellessa stated that if it was the Council’s desire to look at the effects of anything on the side of the building on the site plan in terms of landscaping and architecture, it would be hard to say where the building should be put in order to make a difference. She stated that if it is Council’s desire to look at the options that may be accomplished by doing that and to make a decision on it, the applicant should be asked to come back with the changes. She stated it may not require going back through the entire process and may just be that the applicant work on the plans and come back, continuing the deliberation, and making a decision at that time. She hesitated to recommend a number without seeing what the building would look like.
Councilor Lindley stated that the process is a compromise with a lot of thought going into the building. He felt Council should look long and hard at the project and discuss it.
Town Attorney McRee suggested reopening the evidentiary phase and continue the hearing to make certain at some time in the near future that the applicant could bring forth a new conceptual design relative to the structure and landscaping.
Mayor Morrison re-opened the evidentiary hearing. He asked Mr. Kowalewitch for his comments on the discussions.
Rick Kowalewitch stated that if Council changes the footprint of the building, then everything will be changed. He stated the whole concept was to have the roof make a statement in Duck. He stated that the roof makes the building look bigger than what it really is, even though it would not be any taller. He stated that the building looks good the way it is. He stated that he respects Council’s opinions, but it will not change the look of the building. He stated that moving the building will not change the height. He reiterated that the building looks big because of the roof. He stated that by changing one thing, the building will not look the same and they would have to start over again. He asked that the building be left alone and he would work with the landscaping by putting more in. He stated that by changing it will cause him a substantial financial burden. He stated they have changed the plan twenty-seven (27) times because of recommendations he had received.
Phillip Karageorge was recognized to speak. Mr. Karageorge stated that he respectfully disagrees with Council’s opinion that the building is too big. He stated that they cannot have the building any smaller because it would not be financially viable for them. He stated that this was the reason they would not make the building smaller. He stated that he didn’t understand the issue with the size.
S.A. Karageorge was recognized to speak. Mr. Karageorge stated that their building is much smaller than the Wings store. He stated that their architectural plan is the essence of Duck and the Outer Banks. He stated that the size of the building is insignificant. He stated that changing the size of the building would not make a big difference and that the citizens of Duck will say how nice the building is. He stated he could not understand why Council wanted to change the size of the building as no one would be gaining anything from it.
Rick Kowalewitch was recognized to speak. Mr. Kowalewitch pointed out that no one in the audience spoke against the building. He stated that if the citizens were concerned about the building, they could have come in at various times to comment on it.
Councilor Smith wondered how the structure compared to the Scarborough house. S.A. Karageorge stated that the new building would be lower in height by a few feet. Tom Franchi stated it would be lower by 1.1 feet.
Councilor Smith asked how much of a burden it would be to decrease the eastern side of the building by five (5) feet. Rick Kowalewitch stated it would be a burden, but wondered what would be accomplished by doing that. He stated that the look of the building will still look the same. He stated he would have to have his architect start over again and could not see what the net gain would be by decreasing the building by five (5) feet.
Mayor Morrison stated that he could not see how they would have to start over again if five (5) feet were removed from the eastern side of the building.
Town Clerk Layton swore in another individual.
Myra Ladd-Bone was recognized to speak. Ms. Ladd-Bone stated that she just purchased the Parrot Bay store next to Mr. Kowalewitch’s property and has not submitted any plans on what she will be doing to the property. She stated she has spoken to one other owner of the condo association and felt that their side of the street is terrible. She stated she and the other owner have discussed working with Mr. Kowalewitch on the landscaping, taking the fence down and that they will do whatever is necessary to make their area near Mr. Kowalewitch’s look appealing.
S.A. Karageorge stated they want to have more shrubbery along the fence and would like to work with Ms. Ladd-Bone to make it look nice. He stated they will do what is necessary as well to make the property look attractive. He echoed Mr. Kowalewitch’s statement that no one has complained about the building.
Mayor Morrison asked if the five (5) feet were removed from the portion of the building, would it be considered a substantial change. Planning Director Cotellessa thought that the Council could deem it an appropriate change and make a statement that it would not constitute a substantial change. Mayor Morison asked if the applicants could re-draw the building and bring it back to the Town at any time for approval. Planning Director Cotellessa stated she could, provided the hearing remained open.
Rick Kowalewitch asked if Council could make a stipulation that they remove the five (5) foot of the building and approve it as is. He stated that Planning Director Cotellessa would be capable of recognizing that five (5) feet would be removed from the building. He stated by doing this, they would be able to move forward. Mayor Morrison asked if he was agreeable to removing the five (5) feet. Mr. Kowalewitch stated that they are not in the position to disagree. Mayor Morrison stated that Council’s concern is the closeness of the building to the road and taking off five (5) feet would move it back from the road. S.A. Karageorge asked if they agreed, would Council finally approve the CUP so they could move forward. He stated that they are on a time limit.
Councilor Caviness asked if the five (5) feet to be removed could be added as a condition to the CUP. Town Attorney McRee stated that it could.
Town Manager Layton was recognized to speak. Town Manager Layton pointed out that at various times throughout the process as well as at the Council meeting, Planning Director Cotellessa’s judgment had been questioned in many ways. He stated that as the Town Manager, he would rather see Council approve the CUP instead of putting the burden on Planning Director Cotellessa. He didn’t think it was fair for her to be caught in a situation where she is told she is wrong, disingenuous and outright lying. Town Attorney McRee stated Council could continue the process to their mid-month meeting at which time they would take up additional evidence presented to them and deliberate and make their decision at that point. Councilor Lindley felt that would be the way to go. Councilor Smith pointed out that he will be out of town for the mid-month meeting. Councilor Caviness stated she would be out of town as well. Town Attorney McRee suggested that Council could recess the meeting to another date and time prior to the mid-month meeting.
Mayor Pro Tempore Thibodeau asked Town Manager Layton for clarification on his comments regarding Planning Director Cotellessa. Town Manager Layton stated that statements have been made that Planning Director Cotellessa has stated things that were not stated. He stated he was not comfortable with her being put in a situation where she has to make the decision on whether the five (5) feet being removed would meet Council’s standards for aesthetics.
S.A. Karageorge stated that he didn’t agree with Town Manager Layton. He stated that Planning Director Cotellessa would just be attesting to the fact that the applicants did what Council had directed of them.
Mayor Morrison asked if Council decided that the five (5) feet would listed as a conditional use, would it be listed as a condition. Town Attorney McRee stated he was correct. Mayor Morrison asked if that would leave Planning Director Cotellessa out of it. Town Attorney McRee stated he was correct. Town Manager Layton asked if this was the direction Council was heading, would the evidentiary phase remain open. Town Attorney McRee stated that if the intention of Council was to come to a resolution or decision at this time, they would close the evidentiary phase, deliberate again and make their decision. He stated they could keep the phase open if they wished to receive additional evidence and make their decision.
Mayor Morrison asked for Council’s thoughts on keeping the hearing open as well as moving the building back five (5) feet from the road. Councilor Lindley felt it was a compromise and would be an improvement. He wondered when Council would next be able to continue the hearing. Town Manager Layton stated they could come back anytime they wanted. Councilor Smith stated he suggested removing the five (5) feet as a compromise and to keep the meeting moving. He didn’t think the building was as big as people think it is. He stated that he respects the Planning Board and staff’s opinions, but didn’t think the building was as big as others think it is. He stated he would like to keep the building the way it is. Councilor Caviness agreed with Councilor Lindley and is happy with the conditions outlined and if the additional condition of moving the building back five (5) feet was added, it would be a compromise and would improve the safety of the area the building sits at. She would like to see the condition added and have the hearing be finished. Mayor Pro Tempore Thibodeau stated that she was fine with the building as it was presented initially. She stated she would like to see the building left as it is, but would be willing to accept a compromise where Council would require five (5) feet be removed from the shed structure and let the applicants move forward and not delay it any further.
Mayor Morrison asked if Council lists the five (5) feet removal as a condition, would it require the applicants to come back with drawings of the finalized structure. Town Attorney McRee stated that if they were to remove the five (5) feet, Council may wish to add as an exhibit the elevation indicating where the five (5) feet is coming from. At that point, it would be an administrative act of the Zoning Administrator to see if the condition has been met. He suggested that Council add that the architectural style of the structure shall be, in all other respects, the same as presented in the application.
Rick Kowalewitch pointed out that if five (5) feet is removed, it would make a window smaller. Mayor Morrison stated that the window would be smaller as well as the area of the siding going around the corner in the space between the window and the corner. Tom Franchi stated that the roofline would change and the building would have a different look.
Councilor Caviness asked if a compromise could be that the time it takes to draw a new rendering would be how long Council could recess to reconvene. Town Attorney McRee stated that if the meeting is recessed, Council would need to be able to state the next time and date for the reconvened meeting. He suggested that Council could adjourn the meeting and within forty-eight (48) hours advanced notice, convene at a special meeting.
Councilor Smith stated he was concerned about setting a precedent for special meetings. He reiterated that he didn’t think the five (5) feet would have the effect Council is looking for.
Mayor Pro Tempore Thibodeau agreed with Councilor Smith’s comments. She stated she would like to move forward and just ask for more landscaping or trees on the front of the property.
Mayor Morrison called for a five (5) minute recess. The time was 10:15 p.m.
Mayor Morrison reconvened the meeting.
Mayor Morrison asked for additional comments. There being none, he closed the evidentiary phase of the hearing.
Mayor Morrison moved to approve Conditional Use Permit 05-07 with modifications and conditions that Council set forth.
Councilor Smith moved to amend the motion to include limiting the signs to three (3) locations maximum limited to the south wall with specific dimensions not greater than three (3) feet by eight (8) feet, located as proposed on the site plan dated January 26, 2006 and the location being limited to the area above the main entrance on the north side of the building at the door. There shall be no roof signage.
Amended motion carried 5-0.
Mayor Morrison pointed out that the original motion is now to approve the CUP with modifications and conditions.
Councilor Smith moved to amend the motion to include prohibiting any and all murals or paintings in any location on the structure and that the structure be maintained as is with the white cedar shake siding and mint green metal raised roof.
Amended motion carried 5-0.
Mayor Pro Tempore Thibodeau clarified that if the original motion is approved, the applicants would be allowed to proceed if they meet the criteria as presented. Mayor Morrison stated that that was his understanding. Town Attorney McRee stated that upon adoption of the CUP, the applicant may proceed by meeting the terms and conditions of the permit and the matter would be concluded before Council.
Councilor Smith move to amend the motion that the roof angle above the shed structure remain the same as presented on February 1, 2006, including the position as presented on the architectural rendering.
Amended motion carried 5-0.
Mayor Morrison stated that the original motion was back on the floor.
Motion carried 4-1 with Councilor Lindley dissenting.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Retreat Items to be Referred to the Planning Board
Town Manager Layton stated that at the Town Retreat several issues were discussed at length and Council discussed referring items to the Planning Board for further discussion. The items were event houses, house size and lot coverage. He stated that during the Retreat, there were discussions of providing additional information or direction to the Planning Board.
Mayor Pro Tempore Thibodeau asked that in the interest of time that the matter be tabled to the next general meeting. Town Manager Layton asked if she wished it to be tabled to the next general meeting or to the work session. He asked if there would be a mid month meeting. Mayor Morrison pointed out that Councilors Smith and Caviness would be out of town and unable to attend. Town Manager Layton stated that the items were pending for a work session and now the items would be tabled to the March 1, 2006 meeting. Mayor Morrison stated that the mid month meeting could occur as there would be a quorum.
Councilor Caviness felt that there was a lot of discussion at the Retreat on the items and did not have any additional concerns or comments on it. She stated that if it was discussed in her absence, she would be fine with it.
Councilor Smith stated that some of the issues brought up at the Retreat should have clarification by Council for the Planning Board. He thought that the Planning Board would appreciate a specific set of ideas from Council. Councilor Lindley agreed.
Mayor Pro Tempore Thibodeau moved to table the items until the March 1, 2006 regular meeting.
Motion carried 5-0.
Discussion of Capital Improvements Project (CIP) Process
Town Manager Layton stated that at the Retreat the draft Capital Improvements Project process was discussed. He stated that he would like Council to rank the first year’s priorities. He stated he would like to receive their priorities back by March 1, 2006 so he can tabulate the matrix for the March 15, 2006 mid-month meeting.
Mayor Pro Tempore Thibodeau asked for clarification. Town Manager Layton stated that Council should look at the first year and prioritize. In the comments section, they could state which items should be a higher priority that is further down the road.
NEW BUSINESS
Discussion/Consideration of the Proposed FY 2007 Budget Schedule
Town Manager Layton stated that the proposed budget adoption schedule for FY 2007 was included in Council’s packets. He reviewed the process with Council and the audience.
Mayor Pro Tempore Thibodeau moved to approve the proposed budget adoption schedule for FY 2007 as presented.
Motion approved 5-0.
Public Relations Coordinator Kathy McCullough-Testa was recognized to speak. Ms. McCullough-Testa gave a short overview of the possibility of having a 4th of July fireworks display in Town. She stated that the display would be a fifteen to seventeen (15-17) minute display with a budget of not to exceed of eighteen thousand dollars ($18,000) and would be launched from the Town’s property.
Mayor Pro Tempore Thibodeau asked if a barge would be floated out in the sound and if the general public would be viewing the fireworks from the Town’s property. Ms. McCullough-Testa stated that barge would not be floated as it was too expensive. She stated that the Town property would be the area where the fireworks would be launched. Mayor Pro Tempore Thibodeau asked what part of the park would be the launching area. Town Manager Layton stated it would be the north side of the property. Ms. McCullough-Testa stated that a map would be handed out to show citizens where they could watch the fireworks. Mayor Pro Tempore Thibodeau asked where the citizens would be able to view the fireworks. Ms. McCullough-Testa stated they could watch from the Waterfront Shops soundfront as well as some of the businesses along NC 12.
Deputy Fire Chief Donna Black was recognized to speak. Deputy Fire Chief Black stated that she walked the Town property with the representative of Zambelli Fireworks to see the safety distance. She stated that people will want to be away from the property because of the stage that the property will be at in terms of construction. She stated that it will be ideal for the fire department to be there to control traffic, safety, people, etc. She stated that the fireworks will be able to be seen up to five-eighths (5/8) of a mile in each direction.
Mayor Morrison found it hard to believe that people would not be able to see the fireworks in more than five-eighths (5/8) of a mile wide. Deputy Fire Chief Black stated that this was what the fireworks representative had told staff. She stated that it could probably be seen further. Ms. McCullough-Testa stated that it would also depend on the weather conditions. She stated that if it was too windy or rainy, Zambelli’s would run test shots earlier in the day to make sure the fireworks are safe.
Councilor Smith asked if it was determined that the citizens and visitors of Duck had desired to see fireworks in Duck. Town Manager Layton stated that when it was discussed last year, there was a strong desire to have the display. However, there wasn’t a place to hold the display. He stated that since the Town incorporated, there has been a strong desire to hold a display for the citizens and visitors as opposed to them having fireworks by themselves, which is not permitted in Town.
Councilor Caviness asked if the Town is at the contract stage with Zambelli Fireworks. Town Manger Layton stated that the Town isn’t at that stage. He stated that he would like Council to authorize entering into a contract not to exceed eighteen thousand dollars ($18,000). He pointed out that Council could set the range at any amount they wished. He would then come back at a later date with a budget amendment with the amount. Councilor Caviness stated that the contract that was drawn up last year had a significant amount of work, site prep and clean up that the Town would have been responsible for. Town Manager Layton stated that it has been noted in the draft contract and he intends to resolve the issues.
Mayor Pro Tempore Thibodeau stated that she was concerned that once this type of festivity would be started, the Town property’s parking lot would become the ongoing place for the fireworks display. She asked if it was the idea to have a fireworks display at the Town property every year. Ms. McCullough-Testa stated that it would be held at the Town property this year as well as possibly having it there next year. She pointed out that there are not many places in Town to hold a fireworks display.
Town Manager Layton stated that the issue would be if the display is held at the Town property, the north side would need to be restricted each year. He stated that in the coming years, there would be the amphitheater and gazebo on the other side, which would be a better area to view the fireworks.
Councilor Smith asked if the Town’s fireworks ordinance allows for licensed vendors. Town Manager Layton stated that it does.
Town Manager Layton believed that the Whalehead Club was not having a fireworks display this year. Willo Kelly of the Outer Banks Homebuilders Association was recognized to speak. Ms. Kelly stated that she wasn’t sure if they were. She stated that Currituck County was required to hold their fireworks a distance from cars, vegetation and buildings and asked if NC 12 would be closed in Duck. Deputy Fire Chief Black stated that the fire marshal stated it would be up to the fire department and they would hose down all the brush nearby, so NC 12 would not need to be closed. Ms. Kelly mentioned that one year the citizens had sat on the ground to watch the fireworks and could not see the fireworks over the tree line due to the position of the barge.
Deputy Fire Chief Black felt that the site would be fine for the fireworks but that there would be a brush issue. She didn’t think the Town should feel that fireworks would stop throughout Town just because there will be a fireworks display. She stated that the Town’s resources will have to be split that night.
Mayor Pro Tempore Thibodeau stated that she had an issue with the Town spending the money on a display that is seventeen (17) minutes long. She stated she would prefer the money be spent on the defibrillator program. She felt the fireworks were premature and pointed out that fireworks are set off by private citizens on the beach as it is. She reiterated that the fireworks display was premature and that she would rather have the money spent on a defibrillator program. She felt that the display should not be done this year as it would be too close to the trees and that most people won’t see it.
Councilor Smith stated he would like to see the display when the property has reached a level where people could stay at the park and watch it. He felt it would be hard for everyone to see the display. He agreed with Mayor Pro Tempore Thibodeau that the money should be spent on the defibrillator program.
Councilor Caviness pointed out that the expense of the fireworks display does not include the expense for police, fire and trash that will accompany it.
Town Manager Layton asked if the consensus of Council was to push the fireworks display to the side and bring it back at another date.
Councilor Lindley stated he didn’t have strong feelings either way.
Mayor Morrison stated that he is leery of the fact that the fireworks will only be seen five-eighths (5/8) of a mile. He stated that there will not be that many people in that radius that will be able to view the fireworks. He stated he would like to have the Town property completed before a fireworks display is held there.
Councilor Lindley suggested having fireworks as an opening celebration of the property.
It was consensus of Council not to proceed with the fireworks display in Town.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated 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 police department activity, building permit activity and fire department activity to Council.
Financial Statement for the Month of January 2006
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.
Budget Amendments
Town Manager Layton stated that the budget amendment is for a police department grant that was received for the purchase of a radar trailer and related equipment. The initial grant was $16,275 and had been lowered to $13,865. Therefore, the required match has been lowered from $4,625 to $3,975 and will come from the police department’s budget.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment.
Motion approved 5-0.
MAYOR’S AGENDA
Mayor Morrison stated he did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated she had nothing to report.
Councilor Lindley stated he had nothing to report.
Councilor Caviness stated she had nothing to report.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison thanked Council and staff for their participation in the meeting as it was a difficult one.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to go into 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 and 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 11:25 p.m.
Upon return from closed session, there was no further business. Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 11:55 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor