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TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
June 7, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, June 7, 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, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Fire Chief Donna Black; and Zoning Technician Sandy Cady.
OTHERS ABSENT: Deputy Town Clerk Lori Kopec.
Mayor Morrison called the meeting to order at 7:05 p.m. Mayor Morrison asked Charlie Pratt 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.
Bob Hovey of 103 Osprey Ridge Road was recognized to speak. Mr. Hovey stated that he wanted to discuss the issue of public beach accesses in the Town of Duck. He stated that the end of Plover Street was designated to the public a fifteen (15) foot wide walkway that goes from the end of Plover Street to the ocean. He stated that he was concerned about the access. He proposed researching an off-street public access. He stated that he had discussed this with the Police Chief and that the Town of Kitty Hawk has off-street parking for the public to access the beach. He stated that with the Town of Kitty Hawk, the State turned over the road to the Town. He stated that by taking this route, the Town would then be responsible for the upgrade. He stated that he knows the Town does not have a Public Works department, but thought it could be contracted out.
John Jenkins of 104 Dune Road was recognized to speak. Mr. Jenkins wanted to speak about the budget. Town Manager Layton suggested he comment during the public hearing for the budget.
Bob Hovey was again recognized to speak. Mr. Hovey asked what he should do to proceed with the public access. He asked if he should schedule a public hearing where it could be discussed. Mayor Morrison stated that Council had noted his comments and if desired, will discuss the issue at a future meeting. He stated that Council does not normally discuss items brought up during Public Comments.
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 April 28, 2006 special meeting, the May 3, 2006 regular meeting, the May 17, 2006 mid-month meeting and the May 24, 2006 special meeting. Mayor Morrison directed Council to review the minutes from the April 28, 2006 meeting for changes.
Councilor Lindley moved to approve the April 28, 2006 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the May 3, 2006 meeting for changes.
Councilor Smith moved to approve the May 3, 2006 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the May 17, 2006 meeting for changes. Mayor Morrison had one (1) change to page 2 of the minutes.
Councilor Lindley moved to approve the May 17, 2006 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the May 24, 2006 meeting for changes.
Mayor Pro Tempore Thibodeau moved to approve the May 24, 2006 minutes as presented.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of ZTA-VCDO – Ordinance 06-05, an Ordinance to Amend the Zoning Regulations of the Town of Duck, North Carolina, regarding Procedures for Review of Applications Pursuant to the Village Commercial Development Option, Zoning Ordinance Section 23(c)(6)(d)
Mayor Morrison recognized Planning Director Suzanne Cotellessa to speak. Planning Director Cotellessa stated that on March 16, 2006, Council referred to the Planning Board a zoning text amendment regarding the Village Commercial Development Option. She stated that the proposed zoning text amendment was initiated by the Planning Board and brought forward to Council to smooth out the process for filing and running a Village Commercial Development Option. She stated that the ordinance would remove the requirement for a joint work session with Council and indicated that the Zoning Text Amendment is consistent with the CAMA Core Land Use Plan.
Mayor Morrison opened the public hearing for Ordinance 06-05. He asked for public comments.
There being no one wishing to speak, he closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau asked if the procedure for an applicant is clear so they know how to follow the process. Planning Director Cotellessa stated that the procedures are laid out the same as Reference Section 54 with deals with Conditional Use Permits. She stated that it is laid out fairly clearly for an applicant.
Councilor Caviness moved to adopt Ordinance 06-05 as presented.
Motion carried 5-0.
Public Hearing/Discussion/Consideration of ZTA-P&D1 – Ordinance 06-06, an Ordinance to Amend the Zoning Ordinance of the Town of Duck, North Carolina, to Conform to North Carolina General Statutes Amended in 2005 regarding Planning and Development
Mayor Morrison recognized Planning Director Suzanne Cotellessa to speak. Planning Director Cotellessa stated that this is the first of two (2) or three (3) amendments that will be brought forward to bring the code into conformance with the State regulations for planning and development. She stated that the ordinance lays out the requirement that, in writing, the Town would state whether a Zoning Text Amendment or Conditional Use Permit is consistent with the CAMA Core Land Use Plan; a written report on the Planning Board’s actions and the procedures for changing zoning and how protests are handled over the change. She stated that the ordinance will make the Town consistent with State regulations.
Mayor Pro Tempore Thibodeau moved to adopt Ordinance 06-06 as presented.
Motion carried 5-0.
Public Hearing/Discussion/Consideration of the Proposed FY 2007 Budget
Town Manager Chris Layton was recognized to speak. Town Manager Layton stated that Council had before them an ordinance that would enact what he had proposed in an earlier work session. He stated that the proposed budget would be for $4,179,512. He stated that the major change in this budget was the addition of the departmental category – Cultural and Recreational – which shifts the debt service and construction project for the park from Public Buildings to this new category. He stated that a second major change was that the fund balance is not indicated in the General Fund because the Town is not taking any money from the fund balance. He stated that after the public hearing, Council has the option of adopting the budget as presented, make changes and then adopt the budget or have another work session and determine at that point when the budget would be adopted.
Mayor Morrison opened the public hearing for the Proposed FY 2007 Budget. He asked for public comments.
John Jenkins of 104 Dune Road was recognized to speak. Mr. Jenkins stated that he was glad to see the Town incorporate and is always impressed with the work of the staff as well as Council. He handed out a sheet to Council that showed real estate transactions that have decreased by fifty percent (50%). He felt that a conservative approach to the budget is required. He stated that he is looking for tax reductions as well as finding other sources of income, such as event houses. He reviewed the handout with Council and the audience.
There being no one else wishing to speak, Mayor Morrison closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Town Manager Layton thought that what Mr. Jenkins stated was accurate with what everyone has been hearing. He stated that the budget is always a dynamic instrument. He felt that when he develops the budget that he tries to be conservative and still meet the Town’s revenue needs. He stated that Council can be more conservative if they choose. He stated that the numbers are conservative and he did take into account the shortfall compared to previous years. He stated that he found with comparing prior years’ budgets was that the Town was too conservative, coming out way ahead of what was projected. He stated that the numbers for this budget are still relatively conservative. He stated that if there were a major impact on the revenues, he would recommend adjustments.
Councilor Caviness asked if the municipal ad valorems have remained the same. Town Manager Layton stated that no one is increasing nor does he expect the Town’s position to change.
Mayor Morrison stated that from his experience in previous years, Town Manager Layton’s budget projections have always been very conservative. He stated that during the budget work session, the issues Mr. Jenkins raised earlier were discussed.
Councilor Smith stated that he does not want to mess with the numbers for fear of impacting other departments adversely. He pointed out that the departments are getting what they need. He didn’t think the budget was extravagant by any means. He agreed with Town Manager Layton that changes can be made if necessary.
Councilor Lindley agreed with Councilor Smith’s comments.
Councilor Lindley moved to approve the FY 2007 Budget as presented.
Mayor Pro Tempore Thibodeau echoed Mr. Jenkins concerns but agreed with other Council members on their comments. She felt the budget was conservative.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion of Proposals Related to the Financing of the Herron Restaurant Property
Mayor Morrison stated that the Town has agreed to purchase the Herron Restaurant property from Richard and Marjorie Herron at a cost of $1.25 million dollars. He stated that the Town has received back the signed contract earlier in the week and are prepared to move ahead with the financing for the property.
Town Manager Layton stated that the next phase would be getting the financing in line for the project. He stated that the Town will not be paying cash for the property. He stated that in preparing for the financing, he sent out requests for proposals to eight (8) banks and received four (4) proposals back, one (1) call stating that they couldn’t compete and one (1) call stating they had forgotten the submittal date. He stated that the proposals received were extremely competitive – RBC Centura Bank came in with the best rate of 3.89% over a fifty-nine (59) month period. He stated that Wachovia Bank came in at 3.92%, BB&T came in at 3.99% and Bank of America came in at 4.22%. Gateway stated that the best they could do was 5.44%, so they did not submit a proposal.
Town Manager Layton recommended that Council choose RBC Centura Bank for the financing. He also recommended setting a date for a public hearing for the financing and at that point a resolution would be passed which will authorize the Town to enter into the contract with the bank. He stated that the estimated yearly payments on a straight-line amortization would be $279,781.83. He stated that by straight-line, it would mean a straight principal all the way through the loan. He stated that the Town has two (2) options regarding the first payment – the first payment could be mid-July 2007 or it could be when the contract is signed. He recommended making the first payment in July 2007. He added that at 3.89%, the interest the Town will be paying on the purchase would be $148,000.
Councilor Smith pointed out that Wachovia was very close behind RBC Centura Bank. He asked if the Town would take the top two and see if they would have a “bidding war” for the best rate. Town Manager Layton stated that RBC Centura came in originally at 3.91%, so they have dropped the rate slightly. He didn’t think the banks would fight too much for the amount of money and felt that RBC gave the Town a good deal.
Town Manager Layton stated that Council needed to establish a date for a public hearing on the financing. Mayor Morrison asked if the date of Council’s mid-month meeting would work. Town Manager Layton stated that there needs to be a ten (10) day notice so the meeting can be advertised.
Mayor Morrison moved to authorize a public hearing on the financing agreement with RBC Centura Bank at the Council’s mid-month meeting on Wednesday, June 21, 2006 at 1:00 p.m.
Motion carried 5-0.
Discussion/Consideration of a Lease Agreement for Lot 73 in the Tuckahoe Subdivision for the Construction of a Dry Pond
Town Manager Layton stated that the Town has been working vigorously with regard to the Tuckahoe Subdivision stormwater issue. He stated that the stormwater study proposed a three (3) prong solution: (1) NCDOT would raise the road and put infiltration areas under the raised area to hold and allow water to infiltrate. He expected to have $500,000 of the $700,000 project from Senator Marc Basnight with the remaining portion coming from Stan White as the Transportation Commissioner. (2) The Tuckahoe Subdivision will need to do some internal improvements to help prevent a portion of the water coming down the hill from getting to the bottom. He stated that staff will continue to work with them in pushing that through. (3) A proposal for a dry pond to be constructed on Lot 73 so that the water from the intersection will be pumped from the NCDOT right-of-way and up the Tuckahoe easement that exists on the back of the subdivision to the dry pond. He stated that there will be a small tank put in with a large submersible pump. He stated that the Town has secured agreements from all of the property owners along the easement to use it. He stated that the lease would allow construction of the dry pond on the property.
Town Manager Layton stated that the owners of Lot 73 are Councilor Smith’s in-laws and the lease would be for annual payments of $4,500. He stated that the Town would be responsible for the construction and use of the property and would put the property back in pre-pond condition at the end of the lease. He stated that the lease would be for two (2) years with an option to renew for a third (3rd) year if needed. He stated that the estimated cost of the project would be about sixty thousand dollars ($60,000). He pointed out that the submersible pump can be used in other areas, if needed.
Town Manager Layton stated that engineering is continuing on the project and he expected completion of the engineering imminently so that bid documents could be prepared to get it out. He stated that the goal is to have something in place by July 4, 2006. He stated that on Monday, June 12, 2006, the utility company will be out to mark the lines on Duck Road.
Mayor Pro Tempore Thibodeau asked if the pipe would be buried or out in the open. Town Manager Layton stated that several of the property owners stated that they did not mind having the pipe out in the open. He stated that the Town would abide by the property owner’s wishes.
Town Manager Layton stated that a new budget amendment form will be handed out later in the meeting which would include the transfer of this money to Contingency.
Councilor Caviness moved to authorize the Town Manager to enter into a lease agreement for Lot 73 in the Tuckahoe Subdivision for the construction of a dry pond.
Motion carried 5-0.
Discussion of Issues Related to the Compensation of Town Council
Mayor Pro Tempore Thibodeau stated that Council has been discussing the idea of proposing on a future ballot the idea that Council would be compensated. She stated that she has been waiting for word from the Board of Elections and heard from Melva Garrison earlier in the day that the question could be put to the voters on the November ballot. She stated that Council would need to craft language as an accurate representation of the issue. She thought that there was enough time for Council to come up with language for the ballot.
Councilor Smith stated he had handed out the fees of other jurisdictions at previous meetings. However, he handed out the sheet again to Council for reference. He pointed out the average monthly payments for the municipalities with the majority paying on a monthly basis. He suggested that Council be compensated at such - $500 for Mayor, $425 for Mayor Pro Tempore and $375 for Council members – all paid monthly. He stated that these numbers are not the highest or lowest on the Outer Banks, but represented a good number to start with. He stated that the majority of the municipalities have a clause in their ordinances that designates when the issue would be revisited by Council, usually on an annual basis. Councilor Smith handed out a sheet from Kill Devil Hills Commissioner Bob Woodard showing comparisons of compensation for the municipalities to Council.
Mayor Pro Tempore Thibodeau asked Town Attorney Ike McRee for suggestions on the wording for the ballot. Town Attorney McRee stated that the language should be kept simple so it would not be confusing to the voters. Mayor Morrison asked if it would be required to put in the Town’s Charter when compensation would begin. Town Attorney McRee stated it would not. Town Manager Layton stated it may be helpful to put it in the Charter. He suggested making it effective for the next Council. Mayor Morrison suggested that between now and the mid-month meeting, Council review the language and come up with suggestions on how it should be worded. Councilor Smith asked if Council could receive a copy of the original wording from the last ballot. Town Manager Layton stated he would get them a copy. It was consensus of Council to review the proposed language at Council’s mid-month meeting.
Town Manager Layton asked when a resolution would have to be adopted. Town Attorney McRee stated it would have to be adopted by August in order for it to be on the November ballot.
Mayor Morrison thanked Mayor Pro Tempore Thibodeau and Councilor Smith for their reports.
NEW BUSINESS
Discussion/Consideration of Resolution 06-08, a Resolution to Approve the Dare County Solid Waste Management Plan Update for 2006-2016
Town Manager Layton stated that although the Solid Waste Management Plan is a ten (10) year plan, the Town is required to update it every three (3) years. He stated that the Town is updating their portion of the plan but do not prepare their own plan to submit to the State as it is added to Dare County’s plan. He stated that a resolution adopting the plan has to be adopted in June. He stated that the resolution is approving Dare County’s Solid Waste Management Plan but in actuality, Council is approving the Town’s portion of it. He stated that the plan speaks to targets for the next ten (10) years for solid waste programs, such as waste reduction.
Mayor Pro Tempore Thibodeau asked about Item E under the Intended Action. She asked if the Town had ever used Dare County facilities regarding transfer to outside geographic areas. Town Manager Layton stated that the Town had. He stated that it included waste that individuals would drop off at the landfill or a transfer station and also included construction and demolition debris, which would be dropped off. He stated that that debris is not going to the same place as the solid waste. He stated that the Town does not send their solid waste to Bertie County, but Waste Management takes it to the SIPSA landfill in Virginia due to tipping fees.
Mayor Pro Tempore Thibodeau moved to approve Resolution 06-08 as presented.
Motion carried 5-0.
Discussion/Consideration of an Interlocal Agreement with Dare County for Hurricane Disaster Debris Removal
Town Manager Layton stated that each year the Town joins with the Towns of Nags Head and Southern Shores for their request for proposals for disaster debris clean up. He stated that the Town has joined in again this year and expects to bring Council a recommendation in July as far as the Town entering into a contract with one (1) or two (2) service providers. He stated that the County has a contract that the Town could enact as well. He stated that he is asking Council to consider entering into the contract so the Town has some extra protection.
Town Attorney McRee stated that the concern has been whether this would require the Town to exclusively use the County’s contractor. He stated that as he read through it, he did not have that concern. Town Manager Layton stated that he added alternate language to the agreement so that the Town could use a contractor other than Dare County if it wished to keep the options open.
Councilor Caviness asked if the Town should have an option to use the County agreement or the option to use an agreement with Southern Shores and Nags Head. Town Manager Layton stated that she was correct. He stated that the Town is in the habit of entering into an agreement each year because FEMA does not want multi-year contracts.
Town Attorney McRee stated that the contracts would not be activated. Town Manager Layton agreed and stated that the Town will not have to put any retainer money down.
Councilor Caviness asked who Dare County would be trying to contract with. Town Attorney McRee stated it would be Crowder Gulf. Town Manager Layton stated that the County has contracted with them for the past several years.
Councilor Lindley move to authorize the Mayor to enter into a local agreement with Dare County for hurricane disaster debris removal.
Motion carried 5-0.
Discussion of Letter Requesting the Revocation of a Building Permit at 103 Osprey Ridge Road
Town Manager Layton stated that Council previously received letters complaining of noise and raucous behavior at 103 Osprey Ridge Road, owned by Robert and Tanya Hovey. He stated that staff had discussed the issue and the inappropriate response to it. However, since the last letter came addressed to Council, he felt that Council should respond to it. He stated that he included in Council’s packets an email from Town Attorney McRee which discusses issues surrounding the specific request of the letter – revocation of the building permit – which the Town cannot do. He stated that the issue of the noise and nuisance is still a problem. He stated that when the police have been contacted and went to the site, the noise has been abated. He stated that the house is not unlike any other rental home. He stated that even though it is bothersome to the neighbors, it is not an uncommon occurrence in Town. He stated that the difference is that it appears to be an ongoing problem, even though it is not the same individuals each time.
Town Manager Layton stated that the Town’s ordinance does not give the tools needed to deal with the issue as it occurs, because it is not the Hoveys who are making the noise. He pointed out that the author of the letter – John Summers – was in the audience as was Robert and Tanya Hovey. He stated that Police Chief Dale Hamilton was present as well.
Town Attorney McRee stated that the Building Inspector is the only one that can revoke a building permit but cannot for reasons of nuisance. He stated that there are no ordinances that the Town has that cover or define activities at this house to abate the nuisance, but there are other ordinances that address some of the issues – the noise ordinance and the ordinance that prohibits disorderly conduct and camping out, which may result in minimization of the noise. He stated that the subdivision covenants have more restrictive rules. He went on to read a portion of Osprey Ridge Property Owners Association covenants regarding nuisances to Council and the audience.
Mayor Morrison asked if the individuals involved could be questioned by Council. Town Attorney McRee stated that they could.
Mayor Morrison asked Robert and Tanya Hovey if they have advertised the property as place for skateboarders to come. Robert Hovey was recognized to speak. Mr. Hovey stated that it is not advertised as such. He stated that Mr. Summers wrote that in his letter to Council and it was not true. He stated that he has never purchased an advertisement in any skateboarding publication. He stated that Duck Village Outfitters website does have a residence that is rented for the purposes of skateboarding. He apologized to all his neighbors for the noise made by the tenants and assured that he would do all he could to address the issue. He stated that the letter that was written in October 2005 was the only time he was informed of a problem with the noise.
Mayor Morrison asked if the Osprey Ridge Property Owners Association is aware of the noise problem. Bob Hovey stated that a few members signed the letter but it was never brought up at a homeowners association meeting and no one has ever addressed him. He stated that his neighbors have never mentioned anything to him. He stated that he saw the letter from Mr. Summers for the first time the previous week.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers congratulated Council on the purchase of the Herron’s property. He stated that the noise has been occurring since the Hovey’s house was built. He stated that he had built his house in 1987 and is within “screaming” distance of the Hovey’s house. He stated that there are people that will not sign petitions because they do not want to get involved. He stated that he does not like being awakened during the night and having to call the police because of the noise. He stated that the police have reported on at least one occasion that Mr. Hovey was at the house and had just left. He stated that Mr. Hovey’s vehicle has been seen outside of the house during the parties and demonstrations. He stated that the advertising of the house was told to him by a neighbor, however if it’s untrue, he wished to apologize.
John Summers stated he doesn’t know what to do about the issue as it is very frustrating. He stated that he has talked to the head of the Property Owners Association, who has sent a letter to Mr. Hovey about the noise. Mr. Summers pointed out that each of the provisions that govern the issuance of the permits are for the benefit of public interest. He stated that operating a public nuisance far exceeds the inconvenience to the neighbors caused by cars on the street or if someone built their building five or six (5 or 6) feet closer to the property line or the footprint exceeded the requirement. He thought in an extraordinary case such as this, Council has the authority to revoke a permit.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that he sympathizes with those that are awoken at night because of the noise. He stated that the difficult balance for the police is to make sure the constitutional rights of every citizen and property owner of the Town are protected. He stated that as far as enforcement, the police have an aggressive enforcement policy – the police go to the property that has been complained about and talk to the people there. If they accommodate the concerns and demands, the police officer leaves. He thought that anything more aggressive would be a bad policy. He stated that in 2006, he knew of only two (2) or possibly three (3) documented complaints of loud noise at 103 Osprey Ridge Road. He stated that every time an officer responds to the complaint, the people have been very courteous and responsive. He stated that the previous week, the police received four (4) loud noise complaints with three (3) of them in the Four Seasons subdivision.
Police Chief Hamilton stated that his concern as a chief is having the responsibility of enforcement, but that they have to be careful as it should be enforced equally in the Town.
Councilor Lindley asked if the police would look at problem houses during their patrols instead of going when there is a complaint. Police Chief Hamilton stated that they have to be careful as they only go on private property when invited. He stated that his officers are told to patrol all of the neighborhoods and to listen for disturbances. He stated that if the officers can hear loud noises from a residence, then they can go check on the issue.
Councilor Caviness asked if it is complaint driven for an officer to go to a property. Police Chief Hamilton stated that it is. He stated that it is hard for the police to determine if the disturbance is occurring unless a complaint is received. He stated that most noise complaints come from citizens.
Councilor Smith stated that most of the people that are involved in the situation were in attendance at the meeting, and it should be clear that there have been issues coming from 103 Osprey Ridge Road. He stated that he appreciates Mr. Hovey’s comments, but he had heard the latest disturbance coming from the house even though he lives over a block away from it. He stated that now that everyone knows what is going on and has been warned sufficiently, there really shouldn’t be a problem anymore.
Councilor Caviness asked if other subdivisions would need to utilize police more if there is a disturbance. Town Attorney McRee stated they would.
Tanya Hovey asked if she was liable for her tenant’s actions. Police Chief Hamilton stated that the police do not hold the owners of a home responsible for the tenant’s actions, but rather hold the tenants responsible. Ms. Hovey stated that she wants to be a good neighbor and apologized for the disturbance. She pointed out that this is the first time hearing of the problem.
Town Manager Layton stated that it is imperative that the Hovey’s do everything in their power to make their tenants aware of the issue. He stated that right now there isn’t anything on the books that deal with noise complaints like a nuisance, but there may be in the future if it continues.
Councilor Caviness thought that most of the complaints go to the rental companies. She wondered what the rental company’s role was in this issue. Mayor Pro Tempore Thibodeau stated that the rental companies call the renters when there are complaints. Police Chief Hamilton pointed out that many times the police are not called and if they are not called, the officers cannot do anything about the problem.
Charlie Pratt of 126 Pintail Drive was recognized to speak. Mr. Pratt stated that the situation is very distasteful and wanted to take the discussion to the next level. He recommended putting ordinances in place to prohibit issues like this from happening. He suggested studying the situation and coming up with a solution.
Mayor Morrison stated that he knew that Mr. Summers was not getting everything he wanted as the building permit cannot be revoked. He stated that he appreciates what the Hoveys’ are trying to do to remedy the situation and suggested keeping water in the pool to help with the skateboarders. He thought that all Council could do at this point is to wait and see if the situation improves.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that he did not have anything to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
Town Manager Layton stated that he had the department heads prepare reports before the meeting on their activities. He went on to hand out the building permit, Police Department and Fire Department activities to Council.
Update on the Implementation of the Municipal Property Master Plan
Town Manager Layton stated that he did not have the gold shovels ready for the groundbreaking but the Town is getting closer. He stated that the revisions for the CAMA Major Permit have been submitted and are working their way through the CAMA office. He stated that the final site plan is being prepared for Town approval. He anticipated breaking ground shortly after receiving a permit from the Town. He stated that the Town can start construction on the drive aisle during the summer months without causing any traffic problems.
Budget Amendments
Town Manager Layton stated that the budget amendments were for transfers – one from the Contingency Fund to Information Technology as the Town has exceeded its budget. Another is from the Contingency Fund to Streets and Highways for the lease to the Doziers. The third is a transfer from Capital Outlay to Public Buildings for VHB.
Town Manager Layton stated that he did not anticipate anymore budget transfers as staff is now on a spending freeze until July 1, 2006.
Councilor Smith moved to approve the budget amendments as presented.
Motion carried 5-0.
Financial Statement for the Month of May 2006
Town Manager Layton stated he had received all of the bank statements and reviewed with Council the financial report on revenues and expenditures.
MAYOR’S AGENDA
Mayor Morrison stated that did not have anything to report. He stated that Town Manager Layton and Council had attended Town Hall Day earlier and felt the meeting with Senator Marc Basnight was very constructive.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that Town Hall Day went very well.
Councilor Lindley stated that it was an outstanding trip.
Councilor Smith stated he had nothing to report.
Councilor Caviness stated that she had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be a work session on Wednesday, June 21, 2006 at 1:00 p.m.
There being no further business to discuss, Councilor Lindley moved to adjourn.
Motion carried 5-0.
The time was 9:05 p.m.
____________________________
Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
Neil Morrison, Mayor