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, June 21, 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; Building Inspector Cory Tate; Police Chief A. Dale Hamilton; Fire Chief Donna Black and Deputy Town Clerk Lori Kopec.
ABSENT: Town Attorney Donald I. McRee, Jr.
The meeting was called to order by Mayor Morrison at 1:05 p.m.
Mayor Morrison recognized Police Chief Dale Hamilton to introduce the Town’s newest police officer.
Police Chief Hamilton introduced Officer Jeffrey Deringer to Council and the audience. He stated that Officer Deringer comes to the Town from the Dare County Sheriff’s Office, where he was the resource officer for First Flight Middle School. He stated that the police are very excited to have him on board.
Mayor Morrison and Council welcomed Officer Deringer to the Town.
Mayor Morrison stated that the Town has agreed to purchase the Herron’s Restaurant property for $1.25 million dollars and have obtained an offer from RBC Centura Bank of 3.89% interest, with the payment schedule to be for five (5) yearly payments. He asked for public comments.
There being no one wishing to comment, Mayor Morrison closed the public hearing.
Town Manager Layton stated that a resolution would need to be approved as well as having a second for the motion.
Mayor Pro Tempore Thibodeau moved to approved Resolution 06-09 as presented. Councilor Lindley seconded the motion.
Motion carried 5-0.
Town Manager Layton stated that the next phase would be to establish a settlement date, which Town Attorney McRee will do. He anticipated that the settlement date would be around mid-July.
Councilor Lindley asked when Council could tour the building. Town Manager Layton stated that they could after the settlement is completed and the Town owns the building.
DISCUSSION OF WORDING FOR THE PROPOSED TOWN COUNCIL COMPENSATION REFERENDUM
Mayor Pro Tempore Thibodeau was recognized to speak. She stated that Council has been discussing reintroducing compensation of Council on the November ballot. She stated there was limited discussion at the last meeting. She stated that after checking with the Board of Elections, there would not be a problem with adding it to the November 2006 ballot as well as putting in more comprehensive language on the ballot regarding compensation. She stated that at the last meeting, Council was to think about wording for the ballot and come back to this meeting with some suggestions. She thought that Town Attorney McRee had good wording when he attended the last meeting. She asked the rest of Council for their suggestions.
Mayor Morrison asked Deputy Town Clerk Kopec if she knew what the wording was. She reviewed the minutes and stated that she did not write them down but that Town Attorney McRee suggested the wording be simple.
Councilor Smith thought that Town Attorney McRee had wanted to get rid of “Compensation will be determined by the Town Council.” He stated that he had went online earlier to try to find wording from other municipalities and the only thing he found was “Shall the Town of (municipality) compensate Town Council members? Yes or No.” He stated that he had come up with “Shall the Town of Duck provide minimal compensation to Town Council members?”, but people may want a definition of the word “minimal”. He stated that he was concerned that people would think Council would be making a large amount each year to be on the board. He stated that minimal compensation would be enough to cover small expenses.
Councilor Lindley thought it might be helpful to make it a practice of having the compensation effective for the succeeding Council. Mayor Morrison felt it was a good idea and thought it should be made effective after the Town Council election in November 2007. Councilor Lindley thought it would be a good idea. Councilor Caviness agreed. Councilor Smith felt the wording should be as minimal as possible.
Town Manager Layton stated that he had discussed the wording with Town Attorney McRee along with the effective date. He thought it would be more helpful to have the effective date included in the wording.
Mayor Pro Tempore Thibodeau suggested the wording be “Shall the Town of Duck allow compensation of Town Council?” She thought the wording was very simple. She stated that she would like to know what the public thinks about the issue of compensation. Mayor Morrison stated that Council could send a letter to the registered voters that would be paid for by Council, explaining the details such as the amount of compensation being in line with other jurisdictions in Dare County as well as when it would be effective. Councilor Lindley thought it should be explained why Council should be compensated as Council has additional responsibilities outside of attending Council meetings.
Councilor Caviness questioned why there might be concern over publicizing the matter and stated her opinion that if the referendum was of importance to Duck voters, then she felt it necessary and appropriate to use the Town’s newsletter to explain the issue. Town Manager Layton stated that Town money could be used to explain an issue, but it shouldn’t be used for editorializing. He gave the Town’s newsletter as an example of a mailing that is paid for with Town money. Mayor Morrison stated that it was in the newsletter last time. Town Manager Layton stated that Council could use Town money to inform but not to lobby. Councilor Smith offered to print out the letters for Council. Mayor Pro Tempore Thibodeau thought having something in the newsletter would be important as well as sending out a letter. She stated that she wanted the wording to be clear. She stated that she would be willing to help pay for the mailing.
Mayor Morrison asked when Melva Garrison of the Board of Elections would need the wording. Town Manager Layton thought that a resolution should be passed in August to request it be on the ballot. Mayor Pro Tempore Thibodeau stated she would contact Ms. Garrison to be certain of when it would need to be sent in.
Mayor Morrison suggested the wording be: “Members of the Duck Town Council shall receive compensation for the services they provide beginning after the Town Council election in November 2007.” Councilor Lindley stated he would like it better if it were plainer. Mayor Pro Tempore Thibodeau agreed with Councilor Lindley. Mayor Morrison suggested: “Members of the Duck Town Council shall receive compensation beginning after the Council election in November 2007.” Councilor Smith asked if the word “compensation” would need to be defined. Mayor Pro Tempore Thibodeau didn’t think it would need to be and that it should be kept simple. Councilor Smith stated that what the citizens are voting on is should the Town compensate the Council members. Mayor Morrison asked if it should read: “Members of the Duck Town Council shall receive compensation from the Town.” Councilor Lindley suggested it state “The Town of Duck will compensate Council Members.” Councilor Smith re-read his previous suggestion: “Shall the Town of Duck compensate Town Council members beginning with the elected Council of November 2007?” Mayor Pro Tempore Thibodeau stated she liked the wording. Councilor Caviness asked if the date should be beginning December 2007. Town Manager Layton thought that if December was used, it would not explain the significance of the date and may be best to leave it out.
Mayor Morrison read: “Shall the Town of Duck compensate Town Council members beginning after the November 2007 election?” Mayor Pro Tempore Thibodeau stated she liked that. Councilor Smith pointed out by wording it like that, people will have already received both the newsletter and the letter from Council, so there should be no confusion. Councilor Caviness felt the date should not be included. Councilor Smith agreed. Councilor Lindley stated that it would have to have the next Council election listed; otherwise people would think it would be for the current Council. Mayor Morrison stated that it would be on the ballot a year ahead of the election. Councilor Caviness apologized for her comments as she was thinking it was for this year.
Mayor Morrison suggested: “Shall the Town of Duck compensate the Town Council members beginning after the November 2007 election?” Councilor Lindley felt it was perfect.
Mayor Morrison asked if it needed to be voted on. Town Manager Layton stated it would be voted on when the resolution is passed.
DISCUSSION OF THE TOWN OF DUCK DISASTER PLAN
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that the Disaster Plan has been renamed to the Emergency Operations Plan for NIMS compliance. She stated that she has updated the plan to make it as close to NIMS compliant as she could. She went on to review the plan with Council and the audience as well as showing a Power Point slide show on a hypothetical hurricane and what should be done.
Town Manager Layton stated that the Control Group does not have any power on its own. He stated that the jurisdictions give the Control Group power when there are declarations of a state of emergency for the individual jurisdiction. He stated that after Hurricane Isabel, if the Town felt it wasn’t time to open Duck Road, the Town could have stated such. He stated that if the Town is in a bad state and people are trying to make decisions for the Town, they can only make the decisions if the Town allows it.
Councilor Caviness asked if Dare County issues an evacuation, should the Town also order a municipal order for evacuation. Town Manager Layton didn’t think it would need to be done on the evacuation end, but would probably need to be done with a state of emergency. Mayor Pro Tempore Thibodeau asked if the Town decides that people are not allowed through the Town after a hurricane, would Mayor Morrison or the Control Group be able to dissent. Town Manager Layton stated that if the Town didn’t feel ready to reopen, legally the Town could state to the Control Group that it is not ready to be opened. However, the Control Group could state that NC 12 is not the Town’s road. He stated that the Town could allow people to drive through Duck, but not on any side streets.
Councilor Smith asked when the decision is made to evacuate, how is the decision reached. Fire Chief Black stated that there are computer models that are looked at that tells when an evacuation would be needed. She stated that Sandy Sanderson of Dare County Emergency Management Services also has a lot of experience with past storms as well. Town Manager Layton stated that the actual decision is made by the Control Group. He pointed out that the members of the Control Group are the only people allowed in when the Control Group meets.
Fire Chief Black reviewed suggested positions for essential personnel during a hurricane with Council and the audience. Councilor Caviness explained how the Joint Information Center works before, during and after a hurricane event to Council and the audience. Councilor Smith asked if there was any discussion regarding accurate reporting from the municipalities to the Information Center. Councilor Caviness stated that in the past, there were too many rumors with no coordinated system to receive accurate information, which was why the Joint Information Center was started. Town Manager Layton stated that the official word is what comes from the Joint Information Center as they would not be reporting about municipalities without first receiving information from the municipalities.
Fire Chief Black reviewed logistics with Council and the audience.
Mayor Morrison called for a five (5) minute recess. The time was 2:05 p.m.
Mayor Morrison reconvened the meeting.
Fire Chief Black continued her review of the Emergency Operations Plan with Council and the audience.
Councilor Smith asked if after a hurricane, the roads are blocked and there are no ambulances available, what the plan of action would be for injured people. Fire Chief Black stated that if the Fire Department could be used, it would be. She stated that a rental home may have to be opened to be used for medical purposes. She stated that because Duck is a small town, there are resources that could be used. She stated that the big problem is that when an evacuation is ordered, people tend to stay behind. Councilor Caviness thought the biggest challenge to the Town was getting public information out to the public and to get the general public to evacuate before a hurricane.
Mayor Pro Tempore Thibodeau asked if Fire Chief Black and Police Chief Hamilton would both be in an operations position or would they switch off. Fire Chief Black stated that the plan is flexible. Town Manager Layton stated that he may be shifting people if both chiefs are busy to help out. Fire Chief Black stated that there will be people that live in Town that will not evacuate that have volunteered to help. Mayor Morrison pointed out that if someone decides not to evacuate and something happens to them, they would be in bad shape. Fire Chief Black agreed and stated that everything possible would be done to help people.
Charlie Pratt of 126 Pintail Drive was recognized to speak. Mr. Pratt asked how well the Town is set up with radios if the cell phones aren’t working. Fire Chief Black stated that people may have to be gophers if there are no telecommunications. She stated that there would be check-ins as well to keep track of everyone. Police Chief Hamilton stated that Nextel has a public safety support operations group that will bring in trucks and towers immediately following a hurricane event.
Councilor Smith stated that his wife learned from training before visiting hurricane damaged Waveland, Mississippi that three (3) things are needed – batteries, flashlights and bullhorns – for communication purposes when there are no other ways to get in touch with people.
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa reviewed damage assessment after a hurricane with Council and the audience.
Councilor Caviness asked when damage assessment is being done, are community amenities, such as beach walkovers, also assessed. Planning Director Cotellessa stated they are.
Mayor Pro Tempore Thibodeau asked why Zone 15 was listed as the entire stretch of Duck Road and as being commercial. Planning Director Cotellessa stated that Zone 15 has a lot of commercial businesses and is the most difficult to assess. She stated that Zone 15 would be assigned to people with the most experience in damage assessment.
Mayor Morrison thanked Fire Chief Black for her presentation.
CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT TO BEGIN WORK ON THE TUCKAHOE STORMWATER PROJECT
Town Manager Layton apologized for bringing the item to Council at the last minute. He stated that he has finally received all of the authorizations from Tuckahoe, plus the final engineering has been completed where he could tell people what needs to be done. He stated that his goal was to have the project started before July 4, 2006. He stated that he had advertised a Request for Proposal with a due date of Monday, June 26, 2006. He stated that everyone he has spoken to has stated they could get started on the project immediately. He asked Council for the authority to enter into an agreement of the Tuckahoe stormwater project with a contract to be ratified at the July 5, 2006 meeting.
Mayor Pro Tempore Thibodeau asked if the pipe would be buried. Town Manager Layton stated it would be.
Councilor Lindley moved to authorize Town Manager Layton to enter into an agreement for the Tuckahoe stormwater project.
Mayor Pro Tempore Thibodeau asked when work would commence on the project. Town Manager Layton stated that he hoped it would start before June 30, 2006. He stated that the project would take between one (1) to two (2) weeks with the most difficult aspect being the running of the electric for the pump.
Motion carried 5-0.
ADJOURNMENT
There being no further business to discuss, Mayor Morrison moved to adjourn the meeting.
Motion carried 5-0.
The time was 3:00 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor