TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, May 17, 2006.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
COUNCIL MEMBERS ABSENT: None.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton; Town Attorney Donald I. McRee, Jr.; Planning Director Sue Cotellessa; Building Inspector Cory Tate; Police Chief A. Dale Hamilton; Ocean Rescue Director Mirek Dabrowski and Deputy Town Clerk Lori Kopec.
ABSENT: Fire Chief Donna Black.
The meeting was called to order by Mayor Morrison at 1:05 p.m.
Mayor Morrison stated that Renee Cahoon, Mayor of Nags Head, has been serving on the Coastal Resources Commission and would like to be re-nominated. Mayor Morrison pointed out that Council is free to nominate anyone they wished from Duck or elsewhere. He asked for nominations to the Coastal Resources Commission.
Mayor Pro Tempore Thibodeau stated that she would endorse Renee Cahoon.
Councilor Lindley asked if the position carried any substantial remunerative return. Mayor Morrison stated that the position receives a per diem and travel expenses, however he wasn’t sure what the per diem was. Town Manager Layton stated that the position requires a lot of time. Mayor Morrison added that most meetings last three (3) days with the meetings in different cities. Councilor Lindley stated he was for nominating Renee Cahoon.
Mayor Pro Tempore Thibodeau asked how long the term would be. Councilor Lindley stated it was three (3) years. Town Manager Layton corrected him and stated it was a four (4) year term.
Mayor Morrison asked for other nominations. There being none he moved to nominate Renee Cahoon to the Coastal Resources Commission.
Motion carried 5-0.
APPOINTMENT TO THE BOARD OF ADJUSTMENT
Mayor Morrison stated that Darwin “Dock” Drewyer had passed away late last year, leaving a position on the Board of Adjustments open. He stated that in the past, an alternate had been chosen to fill the unexpired term. He stated that Eileen Neren has expressed an interest in being a regular member to fill Dock’s position. Mayor Morrison nominated Eileen Neren to the regular position on the Board of Adjustment. He asked for other nominations. There being none, he moved to appoint Eileen Neren to the Board of Adjustments to fill Dock Drewyer’s unexpired term, which expires July 1, 2008.
Motion carried 5-0.
Mayor Morrison stated that an alternate would need to be appointed to fill Eileen Neren’s vacant spot as an alternate. He asked for nominations.
Mayor Pro Tempore Thibodeau suggested David Jones. Mayor Morrison stated that Ken Yarbrough had also expressed an interest in the position.
Mayor Pro Tempore Thibodeau moved to nominate Ken Yarbrough to the alternate position on the Board of Adjustments to fill Eileen Neren’s unexpired term, which expires July 1, 2008.
Motion carried 5-0.
APPOINTMENT TO THE PLANNING BOARD
Mayor Morrison stated that Marilyn March’s term on the Planning Board expired May 1, 2006 and it was necessary to either re-appoint her or appoint another individual to fill the position. He asked for nominations.
Councilor Caviness nominated Joe Blakaitis for the Planning Board. She stated that Mr. Blakaitis had served on the Town’s Land Use Committee and had expressed an interest in being a member of the Planning Board. She stated that he is a resident of the Sanderling subdivision and serves on their architectural control committee.
Mayor Morrison nominated Marilyn March for re-appointment to the Board. He stated that she has served for two (2) terms on the Board and has expressed an interest in continuing.
Mayor Morrison asked for other nominations.
Councilor Smith stated that if Councilor Caviness hadn’t nominated Joe Blakaitis, he would have. He stated that Marilyn March has done a wonderful job; however, mixing up the committees is a good thing.
There being no other nominations, Mayor Morrison moved the appointment of Joe Blakaitis to the Planning Board for a three (3) year term expiring May 1, 2009.
Motion carried 4-1 with Mayor Morrison dissenting.
Mayor Morrison moved the appointment of Marilyn March to the Planning Board for a three (3) year term expiring May 1, 2009.
Motion defeated 1-4 with Mayor Pro Tempore Thibodeau, Councilor Caviness, Councilor Lindley and Councilor Smith dissenting.
Councilor Lindley stated that as the liaison for the Planning Board, it was a pleasure to serve with Ms. March.
Councilor Caviness asked how a new member of a board is informed. Town Manager Layton stated that a letter is sent stating that they were appointed as well as their term.
Town Manager Layton stated that if Council wished, staff could have a plaque made for presentation to Marilyn March at a future meeting, thanking her for her service to the Town. It was consensus of Council to have that accomplished.
DISCUSSION/CONSIDERATION OF RESOLUTION 06-07, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DUCK, NORTH CAROLINA, ESTABLISHING A POLICY FOR THE PAYMENT OF MEMBERS OF THE BOARD OF ADJUSTMENT AND THE PLANNING BOARD
Mayor Morrison stated that currently, members of the Board of Adjustment are paid fifty dollars ($50.00) per meeting with the chairman being paid seventy-five dollars ($75.00). Members of the Planning Board receive one hundred dollars ($100.00) per month with the chairman receiving two hundred dollars ($200.00). He stated that the resolution would explain in detail that members of the Planning Board would be paid on a monthly basis, but in order to receive payment, members of the Board must be present at a minimum of one (1) meeting per month. Members of the Board of Adjustment would be paid on a per meeting basis, but would have to be present for the meeting to receive payment. He stated that the Planning Board members would no longer be paid whether or not they attend the meetings.
Town Manager Layton clarified that the Board of Adjustments were always paid only if they attended the meetings. With the Planning Board, they were holding more than one (1) meeting per month in the beginning. However, things have slowed down that they are only holding one (1) meeting a month without a full Board at each meeting. He stated that it didn’t seem fair to pay those that do not attend the meetings.
Mayor Pro Tempore Thibodeau asked if this was ever a resolution. Town Manager Layton stated it was an unwritten policy.
Councilor Lindley moved to adopt Resolution 06-07 as presented.
Motion carried 5-0.
FY 2007 BUDGET WORK SESSION
Mayor Morrison recognized Town Manager Layton.
Town Manager Layton stated that he had asked staff to attend the meeting to answer any questions Council may have, with the exception of Fire Chief Donna Black, who was away for a funeral.
Town Manager Layton stated that the work session was designed to answer any questions and discuss initial adjustments that Council may have for final adoption of the budget. He stated that if Council agrees, there will be a public hearing on the proposed budget at their June 7, 2006 meeting. He stated that in the past, if another work session is needed before the public hearing is scheduled, a meeting will be scheduled. If not, then the public hearing will be held and it will either go for adoption or another public hearing with eventual adoption before June 30, 2006.
Mayor Pro Tempore Thibodeau asked if there would be two (2) public hearings on the budget. Town Manager Layton stated that there is no legal requirement to have more than one (1) public hearing.
Town Manager Layton stated that there were two (2) items that were Manager initiatives. He stated that the one would require a change to the Personnel Policies by increasing the percentage that the Town pays for employees and their dependents for health insurance from fifty percent (50%) to seventy-five percent (75%). He stated that he did not anticipate the impact to be great for the Town. He stated that the second item was the creation of one new full-time position from a part-time position. He stated it would be a joint position with the Fire Department and is shown under the Parks line item. He stated that he is also including increasing the number of lifeguards on the beach. He stated that if that is approved, the Ocean Rescue contract would need to be amended to reflect it.
Town Manager Layton asked Mirek Dabrowski, Ocean Rescue Director, if the Town of Southern Shores had approved adding an additional shared half lifeguard. Mr. Dabrowski stated that he was told it would pass and thought that it did. Town Manager Layton stated that the half position would be shared between Southern Shores and Duck, which would be a guard roving from Hillcrest Avenue to Plover Drive. Town Manager Layton asked what the estimate was for the number of people on the beach in 2005. Mr. Dabrowski thought it was approximately 220 people. He stated that Barrier Island is the busiest section of the beach, having between 250 to 300 people there a day. Four Seasons was around 500 last year. He stated that an additional four-wheeler will help alleviate any issues.
Mayor Pro Tempore Thibodeau asked if the change in the budget for Ocean Rescue was for a half person. Town Manager Layton stated that it was for a person and a half.
Town Manager Layton, Mirek Dabrowski and Council discussed Ocean Rescue equipment and the contract for services.
Town Manager Layton reviewed Revenues of the proposed budget with Council and the audience.
Councilor Smith stated that he was concerned with occupancy taxes and wondered if it would increase over what is in the proposed budget. Town Manager Layton stated he was comfortable with the numbers presented and that they were more on the conservative side. Mayor Pro Tempore Thibodeau pointed out that Town Manager Layton has always run on the conservative side with the budget in past years. Town Manager Layton stated that the numbers for the new budget are still conservative but more aggressive than they have been in the past. He stated that he did not anticipate having a significant fund balance in this budget like there was in the past.
Town Manager Layton reviewed Sanitation and Recycling Expenditures of the proposed budget with Council and the audience.
Councilor Lindley asked if the Town would make any money from recycling. Town Manager Layton stated that the Town would not.
Mayor Pro Tempore Thibodeau asked what the Dues and Subscriptions line item was for under Governing Body. Town Manager Layton stated that it was for the subscription for National League of Cities, North Carolina League of Municipalities, the North Carolina Coastal Communities, Channel 20 as well as any organization Council wishes to donate money to.
Mayor Pro Tempore Thibodeau asked what items were included in Miscellaneous for Governing Body. Town Manager Layton stated that the Town’s membership to the Chamber of Commerce and the Community Improvement grants were in there.
Mayor Pro Tempore Thibodeau asked if the Town should expect employee retirement cost to rise as time goes on. Town Manager Layton stated that the retirement is tied to salaries. He stated that as employees get closer to retirement, especially police officers, the Town will have to start budgeting for the Law Enforcement Officers Supplemental Retirement Fund. Mayor Pro Tempore Thibodeau asked if it would be perpetually or a one time thing. Town Manager Layton stated it would be amortized. Town Manager Layton then reviewed the benefits that each employee receives while working for the Town.
Town Manager Layton reviewed Administration as well as medical benefits with Council and the audience. Councilor Caviness asked if dependents are defined for medical insurance. Town Manager Layton stated that he would have to check the Town’s personnel policies but that insurance companies have their own policies. Councilor Caviness asked if the insurance companies recognize parent, spouse and child. Town Manager Layton stated they do and that there are different classifications – employee, employee/spouse, employee/child and employee/family.
Councilor Smith asked if children are covered under medical insurance until they are eighteen (18) or nineteen (19) years of age. Town Manager Layton thought it would be until they are out of college.
Councilor Caviness asked if insurance would cover domestic partners regardless of sexual orientation. Town Manager Layton didn’t believe they would.
Councilor Smith asked if the Travel line incorporates Town Manager Layton’s upcoming trips to Virginia. Town Manager Layton stated it was as well as his monthly car allowance. He stated it also is for the League of Municipalities Annual Conference and Clerks Conference.
Councilor Smith asked what the Capital Outlay line item was for. Town Manager Layton stated it was in anticipation of software and furniture fixtures, which does not have to be depreciated but needs to be tracked.
Town Manager Layton reviewed Finance, Legal, Public Buildings and Information Technology with Council and the audience.
Councilor Smith asked if Carolina Computers are responsible for updating the Town’s website. Town Manager Layton stated that Administrative Assistant Sandy Cady and Deputy Town Clerk Lori Kopec keep the website updated.
Mayor Morrison asked who was responsible for the slides for Channel 20. Deputy Town Clerk Kopec stated that she was. Mayor Morrison asked if there was an additional cost to maintain the slides. Deputy Town Clerk Kopec stated there wasn’t.
Mayor Morrison called for a five (5) minute recess. The time was 2:55p.m.
Mayor Morrison reconvened the meeting.
Town Manager Layton reviewed Police line items with Council and the audience.
Councilor Smith asked what the amount under Capital Outlay was for. Town Manager Layton stated it included a burglary detection system. Police Chief Dale Hamilton gave an overview on the burglary detection system to Council and the audience.
Councilor Smith asked if the Town receives a return on old vehicles when new ones are purchased or are they leased for the Police Department. Town Manager Layton stated that the Town owns all of the police vehicles. Police Chief Hamilton stated that there are limited opportunities to do anything with the older vehicles. He stated that there are companies that will take used police vehicles and market them but the return is very minimal. Town Manager Layton stated that he will try to get a return on them.
Councilor Caviness asked if the used police vehicles are traded in. Town Manager Layton stated that they could be traded in, but they are mainly for police use. He stated that the Town does not presently have the need for a passenger vehicle that was a police vehicle.
Mayor Pro Tempore Thibodeau asked if the new police vehicles would be four wheel drive. Town Manager Layton stated that it is still being researched. Police Chief Hamilton didn’t feel it was necessary for the whole fleet of police vehicles to be four wheel drive. He stated that the police will probably purchase one (1) four wheel drive vehicle for Lieutenant Ferguson and use his current vehicle as a spare.
Town Manager Layton reviewed Fire Department line items with Council and the audience.
Councilor Smith asked if one of the police vehicles that are coming off could be retrofitted and used as a Fire Chief vehicle instead of purchasing a new one for the Fire Chief. Town Manager Layton stated that it could be done. Councilor Smith stated that with the recent acquisition of the pickup truck for the Fire Department, he wondered if one of the sedans would be reasonable to get around and hold all of Fire Chief Donna Black’s equipment. He felt it would be a cheaper alternative to use for a year or two. Town Manager Layton stated that it could be possible.
Mayor Pro Tempore Thibodeau asked Councilor Smith what his rationale was for not wanting a new truck for the Fire Chief. Councilor Smith stated that he knew that the pup truck was replaced, and it is nice to have a pickup truck, but with two (2) police vehicles that are getting ready to be replaced, the cost to retrofit one of those would be reasonable. He suggested taking a portion of the monies for the new Fire Chief vehicle and using it to retrofit one of the police vehicles, saving the Town money.
Mayor Pro Tempore Thibodeau asked if the vehicle is a perk for the employee. Town Manager Layton stated that the reasoning behind the vehicle is that it is not only a perk but since the Chief is on call 24 hours; she would have the vehicle to use to respond to calls at her disposal. He stated that Fire Chief Black continues to be a first responder and presently all of her equipment is in her personal vehicle. By having the new vehicle, she could have it all in that vehicle, freeing up her personal vehicle. He felt it was a worthwhile cost to get a Fire Chief vehicle, but was open to other alternatives.
Councilor Smith suggested only having one (1) new vehicle per year to save the Town some money. Town Manager Layton thought that having a four wheel drive vehicle for the Fire Chief would be a good idea as opposed to a sedan. He recommended not setting a policy of only allowing one (1) new vehicle per year.
After further discussion regarding the Fire Chief vehicle, Town Manager Layton suggested putting the money set aside for the Fire Chief vehicle in the budget and let it sit until there is a need for additional money and then pull it from there.
Town Manager Layton reviewed Inspections, Ocean Rescue, Streets & Highways, Sanitation and Planning & Zoning with Council and the audience.
Councilor Caviness asked what the Fixed Charges line item under Planning & Zoning was for. Town Manager Layton stated it was costs associated with the copier.
Councilor Caviness asked what the status was on codifying the Town’s ordinances. Town Manager Layton stated that he has a proposal on his desk. He stated that he and Town Attorney McRee have discussed it as well. He stated that American Legal Publishing, who does codifying for the League of Municipalities, has submitted a proposal for seven thousand eight hundred dollars ($7,800). He stated that Town Attorney McRee has recommended he contact Municode, but he hasn’t had a chance to do so. He stated that there may be money left over from the 2006 budget to pay for the codification.
Town Manager Layton reviewed Parks with Council and the audience. The Municipal Park property was discussed at length.
Town Manager Layton reviewed Capital Outlay, Transfers to Other Funds, Budgetary Accounting, Estimated Employee Cost and Proposed Pay Plan with Council and the audience.
Town Manager Layton asked if the public hearing for the budget could be scheduled for June 7, 2006. It was consensus of Council to have the public hearing scheduled.
Council thanked Town Manager Layton for his hard work on the proposed budget.
Mayor Morrison pointed out that the next meeting will be a joint meeting with the Planning Board on Wednesday, May 24, 2006 at 6:30 p.m. Town Manager Layton stated that during the meeting the Community Appearance Awards would be given out.
ADJOURNMENT
There being no further business to discuss, Mayor Pro Tempore Thibodeau moved to adjourn the meeting.
Motion carried 5-0.
The time was 4:32 p.m.
__________________________
/s/Town Clerk
Approved: ______________________
_______________________________
/s/Neil Morrison, Mayor