TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
July 5, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, July 5, 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 7:00 p.m. Mayor Morrison asked Fire Chief Donna Black 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 hearing be held off.
Courtney Gallop of Gallop Funeral Services, Inc. was recognized to speak. Ms. Gallop stated that she has a funeral business in Nags Head. She went on to give an overview of the funeral services she offers on the Outer Banks to Council and the audience.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
INTRODUCION OF 2006 LIFEGUARD STAFF
Mirek Dabrowski, Director of Ocean Rescue, was recognized to speak. Mr. Dabrowski introduced each member of Ocean Rescue to Council and the audience.
Councilor Caviness asked how the beaches were in regard to trash. Mr. Dabrowski stated that it has only been ten percent (10%) of what it has been in year’s past after the July 4th holiday.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the May 24, 2006 special joint meeting with the Planning Board, the June 7, 2006 regular meeting, and the June 21, 2006 mid-month meeting. Mayor Morrison directed Council to review the minutes from the May 24, 2006 meeting for changes.
Councilor Smith had a correction to page 4 of the minutes.
Councilor Lindley moved to approve the May 24, 2006 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the June 7, 2006 meeting for changes.
Councilor Smith moved to approve the June 7, 2006 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the June 21, 2006 meeting for changes.
Councilor Caviness suggested striking or shortening the first paragraph from page 3 of the minutes. Mayor Pro Tempore Thibodeau stated she would be fine with shortening the paragraph. Town Manager Layton stated he would not recommend striking the paragraph. Councilor Caviness stated that her question was not about the letter but incorporating the information on Council compensation into the Town’s newsletter. Town Manager Layton thought that the issue was that there was question about sending a letter to citizens regarding the issue and who would pay for the mailing. He suggested leaving the minutes until the next meeting, rework the paragraph and bring it back for approval.
Mayor Morrison moved to defer the approval of the June 21, 2006 minutes until the August 2, 2006 meeting.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of CUP-06-002, an Application of Robert & Tanya Hovey to Approve a New Conditional Use Permit under the Village Commercial Development Option for Construction of a New Building with Approximately 1,040 Square Feet of Retail Space and a 2nd Floor Office Consisting of Approximately 315 Square Feet at 1207 Duck Road
Mayor Morrison recognized Town Attorney Donald I. McRee, Jr. to speak. Town Attorney McRee stated that the Town’s of Nags Head and recently, the Town of Southern Shores have made it a practice of turning over the evidentiary phase of the hearing to the town attorney. He stated that he had suggested to Mayor Morrison that the Town of Duck also follow this same procedure. He stated that the attorney would then run the hearing, freeing the Mayor and Council to listen to the evidence as presented instead of being concerned about procedures and what would come next. He reminded the Council that in a Conditional Use Permit, Council sits as a quasi-judicial board, being the finders of fact regarding the case. He stated that the applicant has due process rights, which means Council should only consider testimony or documentary evidence presented to them under oath and should only consider evidence that is substantive material evidence. He stated that the applicant has the right to examine and cross examine witnesses. He asked for anyone that had evidence to step forward to be sworn in by Town Clerk Christopher Layton. Town Clerk Layton went on to swear in the individuals.
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa stated that the Conditional Use Permit was for construction of a new retail building with second floor office space at 1207 Duck Road. She stated that the CUP request was from Robert and Tanya Hovey, which was previously brought before Council in a joint work session with the Planning Board on May 24, 2006. She stated the CUP was then brought before the Planning Board on June 14, 2006 for their consideration and recommendation. She stated that the entire process was in Council’s packets. She went on to give a short overview of the process to Council and the audience. She stated that staff and the Planning Board recommended approval of the CUP.
Town Attorney McRee asked the applicants if they had any questions of Planning Director Cotellessa. Bob Hovey was recognized to speak. Mr. Hovey stated he did not have any questions. Town Attorney McRee asked if Council had any questions for Planning Director Cotellessa.
Councilor Caviness asked if the position of the building in the back would be an aspect that the Dare County Health Department would have to approve or disapprove. Planning Director Cotellessa stated it was. She stated that there was discussion if they would be able to move the building back slightly to accommodate a walkway in the front, it would get it more proximate to the septic. She stated that the location of the septic must be approved by Dare County Health Department, which will take place during the site plan review process.
Councilor Smith pointed out that the Planning Board had recommended that the sign be no more than thirty-six (36) square feet. He asked if it has been agreed upon. Planning Director Cotellessa stated there was a discussion between the applicants and the Planning Board. She stated that the Planning Board decided to put in a recommended condition for the sign (Condition #3). Councilor Smith asked why there wasn’t a photometric analysis provided concerning the lighting on the site. Planning Director Cotellessa stated that there was discussion and the concern was that there was adequate lighting on the site from the adjacent gas station. She stated that the applicant had wanted additional lighting for their bicycle rack for security reasons. She stated that staff had indicated a concern on the drawing as there were four (4) site lights, which not all might fit on the site. She stated that recommendation #4 states that the applicant should install site lighting to provide security for bicycles stored on the site and that the rest of the lighting would be building lighting, which would be in conformance with the Town’s regulations. She stated that a full photometric analysis would not be needed.
Mayor Pro Tempore Thibodeau asked if the lighting the Planning Board envisioned were lights actually on the building and down lit. Planning Director Cotellessa stated that the lights would be down lit between the first and second story of the building. She stated that it would light up the walkway on the front and provide nice lighting. She stated that the applicants have also shown lighting under the eaves of the roof to highlight the architectural features of the building.
Town Attorney McRee asked Council for other questions of Planning Director Cotellessa. There being no further questions from Council to Planning Director Cotellessa, he directed the applicants to present their case.
Bob Hovey stated that the benefits of the project will be an improved parking situation, improved landscaping, a smaller footprint of the building and a smaller sign. He stated that he sees the new construction as a win-win situation.
Town Attorney McRee stated that Council could ask the applicants questions.
Councilor Smith asked if the east and west elevations depicted Hatteras style shutters. Tanya Hovey was recognized to speak. Ms. Hovey stated that it was a decoration. Councilor Smith asked what the line on the site plan meant as it looked like a Hatteras shutter. Planning Director Cotellessa stated that on the south and north elevations just below the roof line, another line is depicted. She stated that the line in question is really a side view of the roof line.
Mayor Pro Tempore Thibodeau asked if there are any plans to do anything with the existing building. Tanya Hovey stated that they have talked to Fire Chief Donna Black about burning it down and that she was told by Fire Chief Black to contact her after Labor Day. Bob Hovey stated they would like to find a place for it, but they do not have land to put it on. He stated that they have offered it to the Town to use in the park. He stated that they are hoping to sell it.
Town Attorney McRee asked the applicants if they had any further evidence to add.
Bob Hovey stated that he was concerned about the floor plan. He stated that there will be a three (3) foot wide display platform and was curious if it could be used as a mezzanine for customers to walk on. Tanya Hovey stated that it would hold equipment such as surfboards or body boards. Mr. Hovey stated it would be like a balcony over the first floor of the building on the interior. Councilor Lindley asked if they would allow people up there or would there only be equipment on the platform. Mr. Hovey stated that the original plan was for equipment, but wanted to know if it would be acceptable to have people walk on it. Planning Director Cotellessa stated that the space for the public to access would add to the square footage. She stated that this would be considered a substantial change and the Planning Board would have to review it.
Mayor Pro Tempore Thibodeau stated that the Planning Board were made aware of the display platform and that it was understood it was to be used for equipment, but clarified that the applicants are proposing the public to be able to walk around on the platform. Bob Hovey stated the public could walk around and look at the equipment. Tanya Hovey stated that it would be easier for someone to buy something if it’s on the platform if they could be on the platform and look at the merchandise.
Councilor Lindley pointed out that Council is at the eleventh (11th) hour and felt it would be wrong to make changes at this point.
Mayor Pro Tempore Thibodeau stated that she can see where accessibility is important. Planning Director Cotellessa stated that when the Planning Board looked at the issue, there was discussion that the building was small but that the applicants would be able to have the second level to use as a display area and it was advertised as such. Tanya Hovey felt the plan should be kept the way it is. Bob Hovey agreed. He asked if it would be appropriate to have a set of stairs and a handrail for the display area. Planning Director Cotellessa thought there would not be a problem with accessing the area by stairs as long as Council is ok with it.
There being no further questions from anyone, Town Attorney McRee closed the evidentiary portion of the hearing and turned the meeting back over to Mayor Morrison.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau thought that the process was complete and was comfortable with the project. Mayor Morrison agreed.
Mayor Pro Tempore Thibodeau moved to approve CUP-06-002, an application of Robert and Tanya Hovey to approve a new Conditional Use Permit under the Village Commercial Development Option for construction of a new building with approximately 1,040 square feet of retail space and a 2nd floor office consisting of approximately 315 square feet at 1207 Duck Road with the adoption of the proposed findings of fact and conditions made by staff.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Resolution 06-10, a Resolution of the Town Council of the Town of Duck, North Carolina, Re-Approving Updates to the 2006-2016 Dare County Solid Waste Management Plan
Town Manager Layton stated that while Council is only required to have a public meeting on the plan, it has to be an advertised public meeting, which he had failed to do previously. He stated that the plan has been advertised and asked Council to re-approve the resolution and plan.
Councilor Lindley moved to approve Resolution 06-10.
Motion approved 5-0.
Discussion/Consideration of a Contract with Coinjock Farms for Work related to the Tuckahoe Stormwater Project
Town Manager Layton stated that work has started at the Tuckahoe entrance on the stormwater project and progress is being made. He stated that he anticipates completion within two (2) weeks. He stated that the Town is required to have informal bids for it to obtain estimates for the project from three (3) companies. He stated he contacted six (6) companies but only received one (1) proposal back, which was from Coinjock Farms. He stated that he would recommend that the contract be ratified.
Councilor Lindley asked if the Town had worked with Coinjock Farms in the past. Town Manager Layton stated that they do all of the Duck Trail work.
Mayor Pro Tempore Thibodeau asked if the pipe would be buried. Town Manager Layton stated that the engineers have recommended burying the pipe for stabilization purposes.
Councilor Smith asked how the pump would be activated. Town Manager Layton stated that it would be activated by a float mechanism. He stated that there would be two (2) pumps in case one fails. He stated that a vault will be poured into place and be attached to the existing French drain system with the pumps placed in there. He stated that if the power goes out, a generator can be hooked up to run the pumps.
Mayor Pro Tempore Thibodeau asked when the vault is poured, would delays be expected. Town Manager Layton stated that he did not anticipate any traffic delays.
Mayor Morrison stated that the first page of the contract shows $59,000 with a different figure written out next to it. Town Manager Layton stated that the contract should read $59,900.
Councilor Lindley asked if the Tuckahoe people doing what they had stated they would do. Town Manager Layton stated they haven’t yet. He stated that he has been dealing with the issue in segments. He has sent letters to all Tuckahoe homeowners and referenced the fact that there is a third (3rd) phase that is on their part. He stated that the pressure would be on them soon.
Councilor Smith asked if the improvements on NC12 are contingent on all of the phases being completed. Town Manager Layton stated that to work efficiently as it can, Tuckahoe needs to do something. He stated that forty-four percent (44%) of the water on Duck Road comes from the Tuckahoe subdivision entrance.
Town Manager Layton stated that the majority of the money for raising the road at the Tuckahoe subdivision ($500,000) should be procured by mid-July. He stated that the Department of Transportation has asked him to get a cost estimate from VHB for engineering of the project. He stated that VHB is very aware of the situation with Tuckahoe.
Councilor Caviness asked if the funding by NCDOT was in peril if Tuckahoe doesn’t do their share. Town Manager Layton stated that he does not feel the funding was in danger. He stated that it should be engineered to ensure both north and south lanes of Duck Road are kept clear.
Mayor Pro Tempore Thibodeau asked if Tuckahoe was trying to get an alternative design because they are working with another engineer. Town Manager Layton thought that they were trying to find a cheaper design for the infiltration basins. He stated that many people in Tuckahoe do not understand the hold up in resolving the issue. He stated that once the Town does what it needs to do, they can wash their hands of the issue.
Mayor Morrison moved to authorize the Town Manager to execute the contract with Coinjock Farms for the work related to the Tuckahoe stormwater project.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Employee Benefits related to the Increase of the Percentage of Dependent Medical Insurance paid by the Town
Town Manager Layton stated that during the budget process, one of the initiatives was a twenty-five percent (25%) increase in what the Town pays towards dependent coverage for medical insurance. Currently the Town pays one hundred percent (100%) for employee only and fifty percent (50%) for employee/dependent. He stated that with medical insurance premiums increasing, the Town is at a point where the percentage of cost of living increases and salary increases are entirely mitigated by insurance premium increases. He stated that it is a competitive job market on the Outer Banks, which was the purpose of the change. He stated he wanted to find a balance to help aid in employee retention.
Mayor Pro Tempore Thibodeau asked how the benefits have changed. Town Manager Layton stated that the co-pays and co-insurance have increased over the years. He stated there are issues with networks for physicians on the Outer Banks. He stated that the change is already in the approved budget for the Town.
Councilor Caviness moved to approve the increase in dependent insurance percentage paid by the Town.
Motion approved 5-0.
Town Manager Layton pointed out that the change will take effect for the August 1, 2006 premiums.
Discussion/Consideration of a Second Amendment to the Contract between the Town of Duck, North Carolina, and Sandski, LLC, dated March 10, 2004, related to Ocean Rescue Services
Town Manager Layton stated that during the budget process, funding was approved for an additional lifeguard position plus a shared lifeguard with the Town of Southern Shores. He stated that when Mirek Dabrowski took over the Southern Shores contract, he voluntarily and without extra cost to the Town of Duck extended the time his guards would be on the beach through October 31st. He stated that the budget figure for the current year is $207,000, which has been prorated for the Town. He recommended that Council exercise the two (2) one (1) year options for services provided by Sandski through the summer of 2008.
Mayor Pro Tempore Thibodeau moved to approve the contract amendment between the Town of Duck and Sandski, LLC.
Motion approved 5-0.
Discussion/Consideration of Contracts related to Storm Debris Clean up
Town Manager Layton stated that last month Council approved an interlocal agreement with Dare County for debris removal with Crowder Gulf. He stated that at the last meeting, he mentioned that the Town was working jointly with the Towns of Southern Shores and Nags Head on a Request for Proposal for disaster debris removal as well. He recommended Council authorize him to enter into an agreement with Coastal Contractors for the service. He stated that with a small storm, the Town would exercise an option with Coastal Contractors for debris removal.
Town Attorney McRee pointed out that the Town of Nags Head had authorized a contract with Omni Pinnacle for their debris removal. Town Manager Layton stated that he understood that the Town of Southern Shores had contracted with Coastal and Omni. He stated that because of the way it was bid out if needed, the Town could sign with Omni as well. He stated he did not anticipate an issue with Crowder Gulf if they are needed. He stated that this is an annual process as FEMA does not allow long term agreements.
Councilor Smith asked if someone physically comes to Town or is the firm contracted with a more local firm. Town Manager Layton stated that it depends on the company. He stated that Coastal Contractors will be using their own equipment, while some other firms will subcontract.
Councilor Lindley moved to authorize the execution of a contract for storm debris removal.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that the closing on the Herron property is proceeding but that he did not have a definitive date. He hoped it would be by the middle of July as there is still title work that needs to be completed.
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.
Town Manager Layton and Police Chief Dale Hamilton discussed a Fourth of July pyrotechnics incident to Council and the audience. Chief Hamilton pointed out that there was a decrease in overall fireworks in Town this year.
Mayor Pro Tempore Thibodeau asked how the Fourth of July parade was in terms of public safety. Police Chief Hamilton stated that the police have not debriefed yet, but that there will need to be some changes for the next one, especially towards the end of the parade. He stated that next year, barricades will need to be placed on the side of the road to allow the vehicles to move through smoothly. He stated that he was very pleased with the parade overall. Town Manager Layton stated that he had received two (2) complaints regarding the parade and both were about the traffic. He agreed that there will need to be some changes for future parades. Mayor Morrison guessed that there were approximately fifty percent (50%) more people at the parade this year. He stated that he was very pleased with how it turned out. Town Manager Layton pointed out that there were no complaints from anyone at the Waterfront Shops, which had been a concern prior to the parade.
Project Updates
Town Manager Layton stated that the CAMA permit resubmittal is being reviewed by a CAMA official. He stated that in order to keep things moving, it was decided to break the project into two (2) parts with one not requiring a CAMA permit and the other requiring one. He stated that bid documents have been received for the Phase I drive aisle. He stated that the overall site plan has been completed with the Town acquiring the Herron’s property. He stated that in August it would need to be discussed how to handle the property and working it into the Master Plan. He stated that the boardwalk feasibility study has been completed and he should be receiving the draft report in the next few weeks for turnaround.
Mayor Pro Tempore Thibodeau asked if the Municipal Property Advisory Committee would be discussing the Herron’s property or would they receive instruction from Council on it. Town Manager Layton stated that he is planning to recommend to Council to break it into two parts as there is the issue of the Town Hall and how to incorporate the space into what is already there. He thought the Committee would be more than able to deal with how the new property impacts the park, discuss it and bring recommendations back to Council.
Budget Amendments
Town Manager Layton stated that there are no requested amendments to the FY 2006 Budget, but with the end of the fiscal year, an adjustment is necessary. He stated he is asking for a transfer of $12,000 from Contingency to Governing Body ($2,000), Administration ($5,000) and Police ($5,000). He stated that as he finishes his year end report, he is comfortable with where the Town is, but wanted to be safe in case there are accruals he hasn’t accounted for.
Councilor Smith moved to approve the budget amendment as presented.
Motion carried 5-0.
Financial Statement for the Month of June 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 the Fourth of July parade was a big success with awards presented at the end for the following:
Best Property Owners Association – Tuckahoe Subdivision
Best Business – Advice 5 Cents
Mayor’s Award – Outer Barks
Mayor Morrison stated that everyone was smiling and had a great time. He stated that the Drewyer family was presented with a bouquet of flowers as well as a proposed street sign renaming a court in Caffey’s Inlet to “Dock’s Court” in honor of Darwin “Dock” Drewyer, the founder of the Town’s Fourth of July parade.
Mayor Morrison stated that in the past there was a presentation by the Interfaith Community Outreach asking for $5,000 from the Town. He stated that Larry Barker from the Community Care Clinic and Chuck Poe from Dare County Community Development Corporation also made presentations and asked for money from the Town. He stated that other organizations have made presentations in the past to the Town as well. He stated he would like to appoint a committee of Councilor Caviness and Councilor Lindley to come up with suggestions on what the philosophy of the Town should be with regard to charitable contributions and report back in September to Council. He suggested that they contact other towns to see what their policies are. Town Manager Layton stated that until a policy is completed, the Town will defer any contributions.
Mayor Pro Tempore Thibodeau thought it would be helpful to know what the Town has contributed in the past to the various organizations as well.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau felt that the Town should explore using the original Duck Village Outfitters house on the park property. She thought that the Municipal Property Committee could look at it or that Council could think about and discuss it at the August meeting.
Mayor Pro Tempore Thibodeau stated that there has been a lot of talk about beach nourishment. She thought that during the next budget session, the feasibility of doing more beach grass planting could be looked at.
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated he had nothing to report.
Councilor Smith stated that he had attended the Government Access Channel Committee meeting recently and there was discussion of switching the music to digital instead of running the music from the UNC radio station. He stated that the Committee has been working with Melva Garrison of the Dare County Board of Elections to figure out how to get the election results out faster to the Government Access Channel. He stated that he also attended the Pepsi Sail America in Beaufort, North Carolina. He stated that it was a great event.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the regular meeting on Wednesday, August 2, 2006 at 7:00 p.m. Town Manager Layton stated that due to him attending his leadership class, the agenda delivery may be delayed until July 31, 2006.
There being no further business to discuss, Councilor Lindley moved to adjourn.
Motion carried 5-0.
The time was 9:10 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor