TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
September 6, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, September 6, 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, Director of Community Development Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison asked Board of Adjustment Chairman Sam Taylor to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
Mayor Morrison stated that the Town received a grant from the Dare County Tourism Board of $225,000 earlier in the year to assist in developing the park property. He stated that he had received a letter from Governor Michael Easley stating that the Town had been awarded a public access grant of $368,500 to use towards the park property as well.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that all comments related to the public hearings be held off.
George Keefe of the Duck Community and Business Alliance was recognized to speak. Mr. Keefe commended the Town for acquiring the Herron Restaurant. He asked that the Town consider conducting a cost analysis of acquiring the old Swan Cove Restaurant and remodeling that for a Town Hall instead of using the Herron Restaurant building. He stated that the cost analysis would enable the Town to have a Town Hall as well as retaining the full size of the park property.
John Fricker of 105 Carrol Drive was recognized to speak. Mr. Fricker stated that rains can disturb, alter and diminish the ability of the land to absorb rainwater such as what occurred from Tropical Storm Ernesto. He stated that one of his neighbors own a lot and house in Caffey’s Inlet Hamlet, which was flooded from the storm. He stated that they sent an email to Council regarding the issue. He stated that he supports the owners’ recommendation and request that Council look into the matter of how to address stormwater runoff. He passed out some photos of his neighbor’s property to Council. Mayor Morrison thanked Mr. Fricker for his comments. He stated that Council and staff have been spending an inordinorate amount of time working on the problem of stormwater runoff. He stated that there had been an extraordinary amount of rain in the area last week.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
SPECIAL PRESENTATIONS
Recognition of Ms. Marilyn March for her Service on the Town of Duck Planning Board
Mayor Morrison stated that Marilyn March had worked as a volunteer with the Town when it first incorporated. She was subsequently appointed to the Planning Board and served from August 7, 2002 until May 1, 2006. He presented Ms. March with a commemorative plaque for her service to the Town.
Presentation by Ms. Cheryl Byrd, Commissioner, Dare County, regarding the Outer Banks Transportation Task Force
Mayor Morrison recognized Cheryl Byrd to give a short presentation. Ms. Byrd gave a short presentation to Council and the audience regarding the Outer Banks Transportation Task Force’s activities and asked for a Council member to consider becoming part of a work group to brainstorm ways to improve safety and traffic flow on the Outer Banks.
Mayor Morrison thanked Ms. Byrd for her presentation.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the August 2, 2006 regular meeting and the August 16, 2006 mid-month meeting. Mayor Morrison directed Council to review the minutes from the August 2, 2006 meeting for changes.
Councilor Smith had one grammatical change to page 6.
Councilor Lindley moved to approve the August 2, 2006 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the August 16, 2006 meeting for changes.
Councilor Smith moved to approve the August 16, 2006 minutes as presented.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Ordinance 06-09, an Ordinance to Amend the Zoning Ordinance of the Town of Duck, North Carolina, to Conform with North Carolina State Statutes amended in 2005 regarding Planning and Development
Mayor Morrison asked Director of Community Development Suzanne Cotellessa to make a presentation. Director Cotellessa stated that Ordinance 06-09 is a housekeeping matter and is the second part of the changes to the zoning ordinance to bring it conformance with State regulations. She stated the ordinance would clarify who may hear and what the procedures and voting requirements are for a Conditional Use Permit. It addresses conflicts of interest and the prohibition of voting by officials with conflicts of interests. It clarifies various Board of Adjustment procedures and voting requirements and adds regulations consistent with State statutes regarding temporary moratoriums. She stated that the Planning Board voted unanimously 4-0 on August 9, 2006 to recommend the ordinance to Council.
Mayor Morrison opened the public hearing for Ordinance 06-09. 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.
Councilor Smith asked how the ordinance would change things regarding Conditional Use Permits. He stated that he understood that the Planning Board is in a position to serve as a quasi-judicial board for CUPs. Director Cotellessa stated that if Council chooses to designate the Planning Board to hear any particular Conditional Use Permit, it has the ability to do so. She stated that the current ordinance does not call for the Planning Board to hear Conditional Use Permits. Councilor Smith asked if it was a specific Conditional Use Permit that is designated by Council. Director Cotellessa stated that Council would have to specify in the Zoning Ordinance which Conditional Use Permits the Planning Board should hear. She stated that all Conditional Use Permits are decided by Council which receives a recommendation from the Planning Board.
Mayor Morrison asked if Council would not hear CUPs on a case by case basis, but would decide which ones the Planning Board could handle in the future. Director Cotellessa stated that the ordinance provides the ability to do that. There would not be any changes needed.
Councilor Caviness moved to adopt Ordinance 06-09 as presented.
Motion carried 5-0.
Public Hearing/Discussion/Consideration of TCV-06-001, a Request of William and Sharon Walden and Stephen and Nanci Harmon for a Variance to Article 1, Section 2, Building Height, to Permit Construction of a New Single Family House that is 38 Feet in Height in an X Flood Zone, where 35 Feet is Permitted, on Lot 14, Amy Acres, otherwise Known as 114 Plover Drive, Dare County Tax Records PIN #986917021200
Mayor Morrison recognized Town Attorney Donald I. McRee, Jr. to speak. Town Attorney McRee stated that the Council would be sitting as a quasi-judicial body and therefore any evidence that would be considered for the findings of fact must be made under oath. He stated that it would appropriate for anyone who is going to testify presenting the evidence in the course of the proceedings be sworn in by Town Clerk Christopher Layton. He asked for anyone that had evidence to step forward to be sworn in by Town Clerk Layton. Town Clerk Layton went on to swear in the individuals.
Director Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that the request was to permit a final building height of approximately thirty-eight (38) feet where a maximum of thirty-five (35) feet is allowed for construction of a new single family home on the vacant lot.
Director Cotellessa pointed out that the lot has a depression in the middle, which the applicants are looking to put a home on the middle of the lot. She stated that the there are vacant lots next to the lot in question as well as pointing out that the lot sloped in toward the center of the lot. She stated that the property is currently in an X flood zone, but that there are topographic issues on the site.
Director Cotellessa stated that the applicants have submitted a written application, proper notifications were made to adjacent property owners and newspaper advertisements were run in the local newspapers.
Director Cotellessa stated that there are several criteria for a variance that have to be met with each and every one of the criteria have to be met for a variance to be approved. She stated that there are general criteria as well as specific criteria. She stated that the general criteria have been met. She stated that the applicant's representative will make a case for the variance with Council making the final determination on justifying granting the variance. She stated that in granting any variance, Council has to grant the minimum possible variance to make possible any reasonable use of the land and find that granting the variance is in harmony with the general purpose and intent of the Zoning Ordinance. She stated that the more specific criteria would be if a special circumstance exists. She thought that there was a special circumstance on the lot. She stated that the second was the literal interpretation of the regulations – limiting the house to 35 feet. The question would be if this would deprive the applicant of rights enjoyed by other properties. She stated that the applicant is capable of building a 35 foot home. She stated that staff felt that the literal interpretation would not deprive the applicant of their rights. She stated that the conditions on the lot are not due to the applicant; building the house and filling the lot are actions of the applicant and would impact the area. She stated that staff indicates that the criteria for a variance has not been met as the literal interpretation does not deprive the applicant of rights enjoyed by other property owners. Granting a height variance would constitute a special privilege. She stated that staff recommends denial.
Town Attorney McRee asked members of Council for questions of Director Cotellessa. There being none, he asked if the applicant or the applicant’s representative had any questions of Director Cotellessa. Bill Lane of East Coast Construction Group was recognized to speak. Mr. Lane stated he did not have any questions.
Town Attorney McRee asked Council if they had any further questions. There being none, he asked the applicant to present his case.
Bill Lane was recognized to speak. Mr. Lane stated he was at the meeting on behalf of the applicants. He went on to read a letter in response to the questions that Town staff recommended denial with regard to the variance application to Council and the audience.
Town Attorney McRee asked members of Council for questions of the applicant.
Mayor Pro Tempore Thibodeau asked for a clarification on how the house would look if it were built to thirty-five (35) feet with a bulkhead. Director Cotellessa stated that the staff report had several options for building on the lot without necessarily building it to thirty-five (35) feet tall on top of fill. She stated that the house would be built on pilings without ground floor living space. She stated that there were other circumstances where homeowners built on lower lots that have a higher surrounding grade and the surrounding grade had been bulkheaded to hold back the existing grade with the house built on the existing grade at thirty-five (35) feet tall. She stated that another option would be to fill three (3) feet to get out of the hole and then build a thirty-two (32) foot tall house. Mayor Pro Tempore Thibodeau pointed out that it looked like there was approximately a seven (7) foot slope into the middle of the hole. She asked if the lot was filled to the 2.9 feet, where would the fill go and wouldn’t the fill require bulkheading? Mr. Lane stated that some part of the lot would need to be bulkheaded. Director Cotellessa stated that the 2.9 feet is if fill would be needed for an engineered stormwater plan. Mayor Pro Tempore Thibodeau asked if there would still be stormwater concerns. Mr. Lane stated they would be able to taper off two (2) sides of the property, put in swales to accommodate the water runoff. He stated that the owners of the lot next door to the applicant’s are willing to put in swales as well to accommodate the runoff. He pointed out that this lot is unusual for the Town of Duck as there are not many lots like it. He stated that the house across the street from the lot is much higher with a steep driveway. He stated that the applicants are concerned about water runoff from that property. He stated that the house could be built by dropping the lot to 13.1 feet, grading and removing the sand. But it would catch the stormwater runoff, which would cause a hardship to the owner.
Mayor Pro Tempore Thibodeau asked if the applicants were to build the house to thirty-two (32) feet, how the house would be affected. Bill Lane stated that the applicant would not be able to build a three (3) story structure which everyone in the community is able to do. He felt that if everyone else was able to do it, then the applicants should be allowed to as well. He stated that the applicants would be singled out as he would have to fill to accommodate the water runoff and then would not be able to build the three (3) story structure.
Councilor Lindley asked if there was anything in writing from the adjacent property owners. Director Cotellessa stated that notifications were made as required by State statutes. She stated that the adjacent property owners on either side of the lot are the owners of the property in question. She stated that the property owners across the street and the homeowners association have also been notified. Councilor Lindley clarified that all three (3) properties belong to the applicants. Director Cotellessa stated he was correct.
Councilor Caviness asked if the lot was currently under water. Bill Lane stated it wasn’t. Councilor Caviness clarified that one of the alternatives would be to build the house on pilings and then build the three (3) story structure. Mr. Lane stated that a three (3) story house is one that has three (3) stories of living space. He stated that if the house was built on pilings, there could be living space there but it could become a problem if water came in. He stated his concern was that once the driveway is put in, he would be making a natural man-made runoff to the house where the water would sit there whether or not the house is on pilings. Councilor Caviness asked if they would be constructing a concrete driveway. Mr. Lane stated that gravel or concrete would be up to an engineer to determine. He pointed out that it should be the applicant’s right to have a concrete driveway as other homes on the street have them. Councilor Caviness agreed but stated that one would question if the decision would be wise if the applicants know of the potential flooding problems. She stated that by putting a nonpermeable surface on the lot would exacerbate the situation. Mr. Lane stated that once the roof is on, the water would also cause runoff. He stated that whether or not there is a gravel driveway, it would still have runoff issues.
Councilor Smith asked how long the applicants owned the lot. Bill Lane thought approximately two (2) years. Councilor Smith asked if the three (3) lots were bought at the same time. Mr. Lane stated he wasn’t sure. Councilor Smith asked for a definition of a standard three (3) story building. Mr. Lane stated that the Four Seasons subdivision have three (3) story structures. Councilor Smith asked what “standard” meant. Mr. Lane stated that it would be a thirty-five (35) foot structure, would be a three (3) story structure with eight (8) foot walled three (3) sections, a bottom, middle and top floor. Councilor Smith asked if that was twenty-six (26) feet with eight (8) feet for the roof pitch. Mr. Lane stated he was correct. Councilor Smith asked what type of roof pitch it would be. Mr. Lane stated it would be a 4/12 pitch. He stated that less of a pitch puts more stress on a building. Councilor Smith asked if a smaller pitch had been done anywhere. Mr. Lane stated he has never constructed one. Director Cotellessa stated that there are homes that are three (3) stories and thirty-five (35) feet tall in Duck. She stated the roof pitch could be done. Councilor Smith asked if there was a big difference in a 4/12 pitch and a 6/12 pitch in regard to aesthetics. Mr. Lane stated there was. Director Cotellessa stated that the steeper pitch is more preferable. Councilor Smith asked why the applicants chose to build on the bowl shaped lot versus the lots on either side that aren’t bowl shaped. Mr. Lane stated he did not know.
Bill Lane stated that the home could be built by leveling the lot down to thirteen (13) feet. He stated that there would be issues for emergency personnel with regard to the driveway. He believed that if the lot was leveled, there would be more water problems. He asked how many variances were heard on lots such as this one. Mayor Morrison stated that Council had not heard any.
Mayor Pro Tempore Thibodeau clarified that the option was to strip down the lot to the thirteen (13) feet by digging out and flattening. Bill Lane stated she was correct. Mayor Pro Tempore Thibodeau asked if the lot could be smoothed out. Mr. Lane stated it could and most of the area as natural fill could be used instead of bringing in fill. He stated that if he had to design a stormwater runoff, it would be difficult to do so.
Mayor Morrison asked if the lot would be filled to the sixteen (16) foot line and then a thirty-five (35) foot house would be built. Bill Lane stated he was correct.
Town Attorney McRee asked Council for further questions. He asked the applicant for further evidence to present. He asked if anyone else had any testimony to present to Council. There being none, he closed the evidentiary phase of the hearing. He then turned the hearing back over to Mayor Morrison.
Mayor Morrison opened the floor to Council for discussion.
Mayor Morrison stated that all lots are different. He stated that the Town has a zoning ordinance by which Council is required to obey. He stated that that if an owner has an unusual lot; he didn’t see where the applicants would be harmed by filling to the sixteen (16) foot line and building a thirty-two (32) foot house. He didn’t understand why they needed a thirty-five (35) foot house. He thought that when an owner buys a bowl shaped lot, certain problems could be expected. He stated that he was inclined to agree with Director Cotellessa that the evidence presented was not sufficient to grant a variance. He didn’t think the applicants being allowed to build a thirty-two (32) foot house versus a thirty-five (35) foot house would deprive them of their rights.
Mayor Pro Tempore Thibodeau thought that the ordinance had been changed a few times in the past, but thought that fill could be at street level. She thought that building a thirty-two (32) foot house would negate building a three (3) story structure. She stated that it was a limitation for the applicants. She thought maybe height would need to be examined at a future meeting to allow some leeway in regard to height of a building. She stated that her concern was if Council was denying the applicants their right of enjoyment by not allowing them to build a three (3) story structure.
Town Manager Layton interjected that Council would need to adopt findings of fact for the hearing as well as creating an order either granting or denying the variance. He pointed out that Council would need to make a finding of fact on each point of the variance. He suggested Council address each point during their discussions.
Mayor Morrison read Point 1 that stated that a special circumstance existed which is peculiar to the lot in that it has a bowl-shaped topography, making the center of the lot substantially lower than the other parts of the lot. He stated that Council needed to decide if special circumstances exist which are peculiar to the applicant’s lot. Mayor Pro Tempore Thibodeau thought that Council could agree that there were. Town Attorney McRee recommended Council vote on each finding as to whether or not it meets the required criteria. He stated that if any one of the criteria cannot be met, then the variance fails. He stated the variance must meet all of the criteria to pass.
Mayor Morrison moved to approve that special circumstances exist that are peculiar to the applicant’s property.
Motion approved 5-0.
Mayor Morrison read Point 2 that literal interpretation of the regulations would not deprive the applicant of rights enjoyed by other properties. He read that the applicant is entitled to and can physically build a single family detached dwelling on the property. He stated that literal interpretation would or would not deprive the applicant of rights enjoyed by other properties. Mayor Morrison stated that Council needed to determine whether it would or would not deprive them of their rights.
Mayor Pro Tempore Thibodeau stated that this section was the part she did not understand. She wondered if the applicant could not build a three (3) story structure, it would deprive them of their rights. Councilor Smith pointed out that the applicants could build a three (3) story structure and even a thirty-five (35) foot structure, but the surrounding grade would need to be bulkheaded. He stated that there is nothing on the lot to prevent the applicants from building a thirty-five (35) foot, three (3) story structure. He stated they may have stormwater issues, but the applicants knew the hole was in the lot when they bought it.
Councilor Caviness stated that the recommendation of building the house on pilings would allow the applicants to build to the thirty-five (35) foot height limit without bulkheading. She thought that it would be a reasonable option for the applicants.
Councilor Lindley disagreed with Mayor Pro Tempore Thibodeau’s comments. He felt the thirty-five (35) foot height limit was important as it was the heart of the Town’s ordinance and it should be protected. He stated that Mr. Lane made an excellent presentation but that the applicants do have recourse.
Mayor Morrison moved that literal interpretation of the provisions of the zoning ordinance would not deprive the applicants of rights commonly enjoyed by other properties in the same district.
Motion approved 5-0.
Mayor Morrison stated that with the second vote, the variance application would be denied and the hearing would be closed. He thanked Mr. Lane for his time.
Public Hearing/Discussion/Consideration of CUP 06-003, an Application by the Sanderling Property Owners Association for a Conditional Use Permit for Improvements to a Private Club (Community Recreation Facility), including a Club House (Replacement), Existing Tennis Courts, Replacement Swimming Pool and new Kiddie Pool with Parking and Associated Amenities at 1578 Duck Road
Mayor Morrison disclosed that he is a member of the Sanderling Property Owners Association but didn’t think his membership would prevent him from issuing a fair and impartial opinion. He stated that if Council wished for him to recuse himself, he would. Councilor Lindley stated that he used to be a member, but is no longer and would not need to be recused. It was consensus of Council to let Mayor Morrison sit in on the public hearing. Mayor Morrison turned the meeting over to Town Attorney McRee.
Town Attorney McRee stated that the Council would again be sitting as a quasi-judicial body and therefore any evidence that would be considered for the findings of fact must be made under oath. He stated that it would appropriate for anyone who is going to testify presenting the evidence in the course of the proceedings be sworn in by Town Clerk Layton. He asked for anyone that had evidence to step forward to be sworn in by Town Clerk Layton. Town Clerk Layton went on to swear in the individuals.
Director Suzanne Cotellessa was recognized to speak. Director Cotellessa stated the request is from the Sanderling Property Owners Association for a Conditional Use Permit to make improvements to their private club and recreational facility. She went on to give a short overview of the CUP to Council and the audience. She stated that Planning Board and staff recommended approval of the request with the findings and conditions as noted in Council’s packets.
Town Attorney McRee asked members of Council for questions of Director Cotellessa. Mayor Pro Tempore Thibodeau asked if the lighting would be on poles. Director Cotellessa stated they were light bollards that would sit along the edges of the parking area. There being no further questions, he asked if the applicant had any questions of Director Cotellessa. There being none, he asked the applicant to present his case.
Ben Cahoon of Cahoon and Kasten and Allan Starr of 106 Gannet Cove were recognized to speak. Mr. Cahoon stated that he is the architect for the project and Mr. Starr represented the Sanderling Property Owners Association (SPOA). He stated they have worked extensively with Director Cotellessa and Town staff to prepare the required information. He offered a letter from Allan Brown of the Sanderling Spa and Resort on behalf of Sanderling and Turnpike Properties, supporting the project.
Town Attorney McRee asked members of Council for questions of the applicants.
Councilor Lindley stated he understood that nonmembers would not be allowed on the second floor. Mr. Starr stated that nonmembers would not be able to use the facilities on the second floor. Councilor Lindley asked what would be done with the second floor. Mr. Cahoon stated it would house a fitness facility with exercise equipment. He stated that there would be limited access. Mr. Starr stated that the only people allowed to use the fitness facility would be members of the SPOA and the Sanderling Homes Association.
Mayor Morrison asked if the space in the center on the building on the first floor would be large enough to accommodate the annual meeting. Mr. Starr stated that the expectation would be that it would be large enough. Mayor Morrison felt it was an excellent plan.
Councilor Smith asked about the check in/refreshment area. Mr. Starr stated that everyone that comes to the parking area would have to go to the check in area. He stated it had multiple functions such as sales of refreshments, apparel and tennis balls. He stated if people wished to access the fitness center, there would be a card key or coded separate entrance. He stated it was not a rental check in area.
Mayor Pro Tempore Thibodeau asked what the zoning was for the Sanderling. Director Cotellessa stated it was zoned RS-2, which allows this type of use by conditional use. Mayor Pro Tempore Thibodeau asked if they weren’t restricted to not having any living space on the ground floor. Allan Starr stated that in Sanderling, the architectural policies do not allow for any ground floor living space. He stated that this does not have ground floor living space as the first floor is the check in and restrooms.
Town Attorney McRee asked if anyone else had any testimony to present to Council. There being none, he closed the evidentiary phase of the hearing. He then turned the hearing back over to Mayor Morrison.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau felt it was a very well thought out plan.
Councilor Lindley moved to approve Conditional Use Permit 06-003 as presented with conditions.
Motion approved 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update from Mr. John Wander regarding the Build The Bridge, Preserve Our Road Committee
John Wander of 119 Sandcastle Court was recognized to speak. Mr. Wander gave a short update on the Build the Bridge activities to Council and the audience.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor gave a short presentation on how people would save money on gas if the mid-Currituck bridge were built versus the present situation.
Mayor Morrison thanked Mr. Wander and Mr. Taylor for their presentations.
Discussion/Consideration of Amendment 2 to the Municipal Property Site Design Contract between the Town of Duck, North Carolina, and Vanasse Hangen Brustlin, Inc. (VHB) signed on January 21, 2005, to Include Bidding Services, Construction Services and Construction Closeout Services
Town Manager Layton stated that assistance is needed with the implementation of the Municipal Property Master Plan. He stated that he had asked VHB for assistance in a proposal to provide assistance in the bidding process and the construction management process. He stated that with implementation of the first phase of the Master Plan, this would be a contract that would be in place at a cost of $20,000 plus expenses not to exceed $5,000. He stated that it would be funded through existing budgeted funds.
Mayor Morrison moved to authorize the Town Manager to execute Amendment 2 of the Municipal Property site design contract.
Motion carried 5-0.
Discussion/Consideration of a Contract between the Town of Duck and Vanasse Hangen Brustlin, Inc. (VHB) to Include Revisions to the Municipal Property Master Plan and a Space Needs Analysis and Conceptual Design of a Town Hall
Town Manager Layton stated that Council discussed previously at the August mid-month meeting some design issues with the purchase of the Herron Restaurant property. He stated the issue now is how to combine that property with the existing Municipal Property Plan. He stated that because the property is designated as a site for a Town Hall, preliminary discussions and analyses need to be started to decide how big the building will need to be, what it will be used for and where it will fit on the property. He stated that the contract would have VHB work with the Municipal Property Advisory Committee to provide suggestions and recommendations to incorporate the Herron property into the existing plan as well as conducting a building space needs analysis for a Town Hall. Once that is completed, then preliminary elevations would be provided for Council discussion regarding what the building would look like. He stated that the services would cost a total of $14,800 and funds would need to be transferred from the contingency fund.
Mayor Pro Tempore Thibodeau asked if general construction costs would be part of the discussions. Town Manager Layton stated it would. He stated the analysis would include an estimate that could be used for planning purposes.
Councilor Lindley asked if an architect would be used. Town Manager Layton stated that VHB would subcontract with Tymoff and Moss, which have worked with the Municipal Property Committee in the past in providing the needs analysis and preliminary elevations.
Mayor Pro Tempore Thibodeau asked if there was timeframe. Town Manager Layton stated that VHB estimated approximately four (4) months.
Councilor Smith moved to authorize the Town Manager to execute a contract with VHB to include revisions to the Municipal Property Master Plan and a space needs analysis and conceptual design of a Town Hall.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Appointments to the Fireman’s Relief Fund Board of Trustees
Mayor Morrison stated that the current trustees are he and Allan Beres. He stated that their terms expire on December 31, 2006. He stated that two (2) representatives will need to be appointed to the board with no requirement that the appointees be Council members.
Mayor Morrison asked Allan Beres if he would be willing to serve for another year. Allan Beres stated he would be happy to serve again. Mayor Morrison asked if any Council members would be willing to volunteer for the board. Councilor Lindley asked Mayor Morrison if he wished to continue to serve on the board. Mayor Morrison stated if Council so wished, he would be happy to serve again.
Mayor Pro Tempore Thibodeau moved to re-appoint Mayor Neil Morrison and Allan Beres to the Fireman’s Relief Fund Board of Trustees.
Motion carried 5-0.
Town Manager Layton stated that because there wasn’t a term specified, the term could be for an indefinite period.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that he had nothing to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
Town Manager Layton stated that he had the department heads prepare reports before the meeting on their activities. He went on to hand out the Police Department, Fire Department and Building permit activities to Council.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton pointed out that the Town seems to become busier each summer as shown in the monthly report that is handed out to Council.
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that telephone call volume has been down a bit, but it changes constantly. She stated that EMS response continues to increase compared to last year. She stated that fire calls have decreased from last year.
Mayor Pro Tempore Thibodeau asked if the EMS calls could be affected if the Police Department responds to the calls. Fire Chief Black stated that they are assisting the Fire Department in moving patients. Mayor Pro Tempore Thibodeau asked if the police responding to EMS calls were shown in the Fire Department report. Police Chief Hamilton stated it was. He stated that the Police Department is dispatched for all fire and EMS calls for first response. Town Manager Layton stated it has not gotten to the point where the police are responding to the calls instead of the Fire Department.
Town Manager Layton stated that with Tropical Storm Ernesto, a great number of Fire Department volunteers came out to help as well as most of the police officers. He stated they all worked extremely hard and did a great job.
Update on Municipal/Herron Properties
Town Manager Layton stated that he as well as representatives from VHB met recently with representatives from CAMA, the Wildlife Resources Commission and the Fish and Wildlife Commission. He stated that the Fish and Wildlife Commission and the Wildlife Resources Commission had concerns regarding the Town’s major permit for the boardwalk. He stated they met on site and determined that changes need to be made to the layout of the boardwalk. He stated that he hoped by October the Town would have its CAMA Major permit.
Town Manager Layton stated that advertisements for bids for Phase 1A were submitted for the Municipal Property project which is the driveway entrance and the Phase 1 parking area. He stated that three (3) bids were received which were significantly higher than originally budgeted for. He stated that it could be because of the timeframe as well as gravel pave being added to the equation. He stated he had met earlier with Coinjock Farms to discuss issues and will be receiving changes and clarifications from them shortly. He stated that once that comes back he will either go back to the drawing board or make a recommendation to Council to award the bid.
Mayor Pro Tempore Thibodeau asked if the boardwalk would need to be moved twenty (20) feet out into the Sound. Town Manager Layton stated that CAMA wanted the boardwalk moved out of the wetlands because of the sub-aquatic vegetation. Mayor Pro Tempore Thibodeau asked why CAMA is piece-mailing the approval for the boardwalk. Town Manager Layton stated they were not sending approvals in that way. He stated that John Cece had offered to meet to deal with the issue before it became an issue.
Town Manager Layton stated that the Town has contracted for and received Phase 1 environmental asbestos review of the Herron Restaurant building. He stated that asbestos was present in the glue of the tile for the upstairs bathroom. Because of this, the Town has to deal with an abatement plan to dispose of the hazardous material. He recommended Council authorize having an abatement plan prepared. He stated the estimate was approximately $12,000 – 18,000. He requested Council authorize him to execute a contract for the abatement plan.
Mayor Pro Tempore Thibodeau move to authorize the Town Manager to execute a contract for the abatement plan for the Herron Restaurant building.
Town Manager Layton stated that he would like to authorize the Fire Department to perform training exercises in the building on a periodic basis. He didn’t anticipate any additional damage to the building. Mayor Morrison asked if a separate motion was needed. Town Manager Layton stated there wasn’t unless there was an objection.
Motion carried 5-0.
Mayor Morrison stated he did not have an objection to the Fire Department performing training activities in the building. It was consensus of Council to allow the Fire Department to train in the building.
NCLM Annual Conference
Town Manager Layton stated that the North Carolina League of Municipalities will be holding their annual conference on October 15 – 17, 2006 in Greensboro, North Carolina. He stated that he will be attending the conference and asked any Council members to let him know if they wished to attend as well.
Budget Amendments
Town Manager Layton stated that the budget amendment re-appropriates money for stormwater improvements at NC 12 and West Tuckahoe Drive and also transfers $14,800 from Contingency to Public Buildings: Professional Services to cover design costs related to the purchase of the Herron property.
Councilor Caviness moved to approve the budget amendments as presented.
Motion carried 5-0.
Town Manager Layton stated that the fall bulk pick up for the Town will need to be scheduled. He stated that it is typically held after the Columbus Day holiday. He stated he was not able to contact Waste Management to determine an exact date. He stated he would like Council’s permission to establish the date after the Columbus Day holiday as well as advertising it. It was consensus of Council for Town Manager Layton to set up the bulk waste pick up date.
Financial Statement for the Month of August 2006
Town Manager Layton stated he had not received all of the bank statements to date, but presented Council with a financial report on revenues and expenditures.
MAYOR’S AGENDA
Mayor Morrison thanked Fire Chief Black and Police Chief Hamilton as well as others who worked so hard during Tropical Storm Ernesto. He stated that Council appreciated their efforts.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that in a previous meeting, Mr. John Summers had suggested Council rename the Town to Village of Duck. She stated that in North Carolina, a town could have any name but have the same structure of government. She stated the name does not change how a town is structured. She stated that when the Town first incorporated, there was a lot of discussion as to what to name the Town and since that time it has been called the Town of Duck. She felt that the Town has established itself with special areas that make it unique from other towns and would not want to change the name. She stated that with the OBX Marathon, the Town of Duck has been designated as turquoise as the official color for the race.
Councilor Caviness stated she had nothing to report.
Councilor Lindley thanked everyone on Council and staff for the well wishes with his recent illness.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the regular mid-month meeting on Wednesday, September 20, 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 9:42 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor