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, September 20, 2006.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
COUNCIL MEMBERS ABSENT: None.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton; Town Attorney Donald I. McRee, Jr.; Director of Community Development Suzanne Cotellessa; VHB Project Manager Chris Dewitt and Deputy Town Clerk Lori Kopec.
ABSENT: None.
The meeting was called to order by Mayor Morrison at 1:05 p.m.
Town Manager Layton stated that approximately two (2) years ago, the Town had submitted a grant proposal to the Tourism Bureau for a fifty thousand dollar ($50,000) grant to construct a west side bike path. He stated that as the Town looked at it more closely, it was clear that it would be difficult to put a bike path on the south end of Town. He stated there were questions regarding putting the trail across the street from the Fire Department and if it made sense. At the same time, the Town was discussing a full soundside boardwalk. It was suggested that a feasibility study be conducted on both the west side bike path and a soundside boardwalk. He stated that the Town decided to use the services of VHB to conduct the study. He stated that Chris Dewitt from VHB was present to review the results of the study.
Chris Dewitt of VHB, Inc. was recognized to speak. Mr. Dewitt reviewed the feasibility study with Council and the audience.
Mayor Morrison stated that it appeared there weren’t any right of way problems in Segment 2. Chris Dewitt stated that Segment 2 would require some form of easement or use agreement with several private properties. He thought the Town had had preliminary discussions with some of the property owners. He stated that with the trail, the Town would be looking at outright right of way acquisition.
Mayor Pro Tempore Thibodeau asked how the size of the west side trail would relate to the existing trail. Chris Dewitt stated that the existing trail is up to eight (8) feet wide in general. He stated that ten (10) feet is the current recommended ASHTO minimum for a two-way multi use path. Mayor Pro Tempore Thibodeau asked if the proposed trail represents a ten (10) foot wide trail. Mr. Dewitt stated she was correct.
Mayor Pro Tempore Thibodeau asked if there was a general sense regarding costs for acquisition rights for properties. Chris Dewitt stated it depended on property values. Mayor Pro Tempore Thibodeau asked if properties would be purchased from homeowners rather than getting an easement. Mr. Dewitt stated that in theory the Town could get an easement but generally what the Town would be dealing with would be the businesses. And since businesses welcome people, it would be easy to get an easement from them. He stated that individual homeowners may allow it if the Town would buy the property. He cautioned Council not to rule out the possibility of an easement for individual property owners. Town Manager Layton stated that there had been a lot of volunteer easements in the past but they weren’t in writing. He stated that when homeowners were approached to move the Duck sign to the entrance of Town, it was met with negative responses. He stated that because of present property costs, it could be hard to get voluntary easements.
Chris Dewitt finished his presentation and asked Council for questions. Town Manager Layton pointed out that the ultimate question to get to was what would be done with the feasibility study.
Mayor Pro Tempore Thibodeau asked for an explanation of how the ADA requirements would impact the boardwalk. Chris Dewitt stated it would be a design consideration that would apply to any phase of the boardwalk construction.
Councilor Lindley felt it was an excellent presentation. He asked if there was any way to tell how much over the original budget the construction would be. Chris Dewitt thought the trail numbers would be close to the original budget. He stated he wasn’t sure regarding the boardwalk. Town Manager Layton stated that non-flexible costs of materials will need to be considered. He stated that he expected significant competition with the boardwalk phase of the park property for construction.
Councilor Smith asked if there had been a study completed regarding pedestrian use of the proposed sections of the trail. He pointed out that Segment 1 on the south end of Town has a lot more homes on the west side than other areas. He asked if traffic use was considered for the west side trail. Chris Dewitt stated there wasn’t a study done.
Mayor Morrison pointed out that as one goes through Town, there are fewer residents on the north end of Town that would be using the trail. He questioned why a west side trail would be needed all through Town. He stated that the trail has not gotten to the point where it is too heavily used. Town Manager Layton noted that the Village area does get congested. Mayor Morrison disagreed. Town Manager Layton stated that the trail is essentially on the west side. He stated that the boardwalk would provide another avenue to get the people off the trail.
Councilor Caviness stated she was concerned about pedestrians crossing Duck Road. She thought that people using the trail on a daily basis would not use the west side. She felt pedestrians did not use the west side within the Village as much because of the problems with crossing the street. She stated that most people stay on the east side of the trail. She felt it would be more of a problem on the north end of Town where the speed limit is elevated.
Mayor Pro Tempore Thibodeau asked how long the segment of the boardwalk will be that the Town has already contracted for. Chris Dewitt stated it was approximately nine hundred (900) feet. She asked where the 900 feet would be for the park. Mr. Dewitt stated it would be along the Sound. Town Manager Layton stated it would be easy to break out the 900 feet. She asked if the 900 feet would be more expensive than the rest of the boardwalk because it’s over the Sound. Mr. Dewitt stated the cost per linear foot will help them determine the cost for the rest of the boardwalk. Town Manager Layton stated that in the case of the park, it will be much easier to bring equipment in to drive the pilings.
Councilor Smith asked if the portion of the boardwalk leading to the Waterfront Shops would tie into the existing boardwalk. Chris Dewitt stated it would.
Mayor Morrison asked for other questions. He thought the Town should plan to pursue Segment 2 when it is financially possible. He stated that he was not in favor of constructing a trail on the west side of the road for Segments 1, 3 and 4. He suggested indefinitely postponing planning any action on Segments 1, 3 and 4, but going forward on Segment 2. He stated it would relieve traffic in the Village. Town Manager Layton stated that he had scheduled a meeting with the Duck Trail Committee earlier in the week but it had to be postponed. He had hoped to have the same presentation for them. He stated they will not be meeting again until October. He stated that when it was clear the trail would be complicated last year, the Duck Trail Committee withdrew the request for the west side trail.
Mayor Pro Tempore Thibodeau asked how the Duck Trail Committee weighed in on the boardwalk being constructed along the Village Commercial District. Town Manager Layton stated they were in favor of it and assumed they are still in favor of it.
Councilor Caviness agreed with Mayor Morrison regarding pursuing Segment 2. She stated that this is not a stagnant project – it would need to be maintained consistently, added and enhanced. She stated she would rather keep the existing section of the trail in good shape and enhance it as much as possible and focus an effort on something that will be as unique as the existing trail.
Town Manager Layton stated that another factor that is reflected in the costs is the flooding issue in Town. He stated that if the trail was run on the west side, it would create more impervious surfaces and the engineering would have to show how the new trail would not contribute to the flooding.
Councilor Smith agreed with Mayor Morrison’s comments. He stated that in Segment 2, he was not in favor of the boardwalk from the Waterfront Shops to Sunset Grill. He stated that the segment of road between Prudential Resort Realty and Sunset Grill is one of the more spectacular parts of Duck Road. He stated that people can drive on Duck Road and in that area the water is unobstructed, making for beautiful sunsets to view. He felt that if the boardwalk was built there, there would be less visibility. He stated that the only purpose the boardwalk would be serving would be the restaurant alone.
Mayor Morrison agreed with Councilor Smith’s comments. He clarified that Councilor Smith was suggesting ending the boardwalk at the Waterfront Shops. Councilor Smith agreed.
Councilor Caviness asked how high the boardwalk would be above the water in that area. Chris Dewitt stated it would be a CAMA question. Town Manager Layton stated that it is typically six (6) feet above the water. He stated that the base of the boardwalk would be slightly higher than the rip-rap. Mr. Dewitt agreed. Town Manager Layton stated that there is some question as to how the boardwalk would have to be routed through that area because of the lack of property. Mayor Morrison clarified that there is an existing trail there. Town Manager Layton agreed. Councilor Caviness stated that the area is very precarious and prone to soundside flooding.
Mayor Pro Tempore Thibodeau felt that the boardwalk would be an expensive piece of development that would be of concern regarding flooding in that area. Chris Dewitt stated that the elevation of the boardwalk would put the planks above the base flood elevation with the pilings generally strong enough to withstand floodwaters.
Mayor Morrison stated that since the boardwalk would be above the rip-rap, it would affect one of the best stretches of Duck Road.
Mayor Pro Tempore Thibodeau agreed with Mayor Morrison’s comments. She felt there was still a lot of work that would have to be done. She thought that if the citizens were behind the project, the boardwalk would be a great asset to the Town.
Mayor Morrison asked if any official action would need to be taken. Town Manager Layton did not think it was necessary. He thought that between now and next July, the Town would have a lot of work to tackle. He didn’t think it would benefit the Town to push forward with the final design and permitting at this point. He thought it could be considered in the next fiscal year or even delaying it further if needed. He stated that Town staff could look at what type of easements would be needed and reach out to the property owners to give them more detail on the boardwalk project.
Mayor Morrison thanked Chris Dewitt for his presentation.
DISCUSSION OF POLICY RELATED TO CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS
Councilor Lindley read a statement to Council and the audience regarding contributing to community organizations. He stated that the Town of Duck may contribute to charitable causes if certain criteria are met. He stated that in conversations with other towns, the greatest stumbling blocks were giving to one and not another and if one was worthier or needier than another.
Councilor Caviness stated that Councilor Lindley had spoken to some of the localities and she had spoken with Town Attorney McRee, North Carolina League of Municipalities and David Lawrence of the School of Government. She stated that she had heard that most municipalities do not have a policy. She stated that charitable giving is done on an ad-hoc basis. She stated that there was nothing that would prevent the Town from giving to charitable organizations, but there was not absolute discretion. She stated that the biggest issue was if the Town was going to appropriate any tax dollars, the tax dollars would have to be used for public purposes. She stated that both David Lawrence and Andy Romanet of the League of Municipalities stated that it is not hard to define, but could be. She stated they told her that if the Town appropriates funds, it has to be done for a public purpose and it has to be done for a public purpose that falls within a municipality in the State of North Carolina.
Mayor Morrison stated that three (3) organizations had come forward this year asking for donations from the Town. He asked if they would fall within the guidelines. Town Attorney McRee thought they would. He stated that the Town would want to make sure that the money would be used for public purposes, would want to designate the purpose of the organization to which the funds could be used, possibly have an accounting at the end of the year, some type of grant agreement format and that religious organizations could not allow certain denominations or faiths to benefit from their program. He stated that a lot of times the request is a one time thing but then turns into a yearly expectation from a town.
Mayor Pro Tempore Thibodeau asked how the Town handled the funds for sponsoring Dauphin Island, Alabama. Town Manager Layton stated that because it was an accounting concern, it was easier to have the Fire Department handle it.
Mayor Pro Tempore Thibodeau asked if the Town develops a policy that stated they wouldn’t contribute to charities, would it mean the Town would have to do away with something like sponsoring another town. Town Attorney McRee stated that if the Town adopts a policy that they will not fund, as a budgetary practice, requests from non-profit or other charitable organizations, it would not mean the Town would be prevented from funding a worthy emergency-type situation like Dauphin Island. He pointed out that State statutes specifically allow for a town or county in North Carolina to sell or lease property to another unit of local government regardless of what state it is.
Councilor Caviness recommended a policy of practice to not appropriate charitable contributions on behalf of the Town of Duck.
Mayor Pro Tempore Thibodeau asked if Councilors Lindley and Caviness had envisioned some sort of formal policy the Town could cite and would adopt. Town Attorney McRee thought it would be worthwhile to draft something for signature at Council’s next regular meeting.
Mayor Morrison clarified that the policy would not prevent the Town from making a donation in the future. Town Manager Layton stated that policies made by Council can be altered as Council sees fit. Mayor Morrison stated that the issue would be put on the October agenda for further discussion.
Mayor Morrison thanked Councilors Lindley and Caviness for their hard work.
DISCUSSION/CONSIDERATION OF APPOINTMENT TO THE OUTER BANKS TRANSPORTATION TASK FORCE – TRAFFIC SOLUTIONS COMMITTEE
Mayor Morrison stated at the last Council meeting, Cheryl Byrd made a presentation regarding the activities of the Transportation Task Force. He stated that she had asked Council to appoint an elected official to serve on the Traffic Solutions Committee. He stated that Mayor Pro Tempore Thibodeau had volunteered to serve on the committee. He asked if any other Council Member wished to be considered for the position.
There being none, Mayor Morrison moved to appoint Mayor Pro Tempore Thibodeau to serve on the Outer Banks Transportation Task Force Traffic Solutions Committee.
Motion carried 5-0.
DISCUSSION/CONSIDERATION OF AUTHORIZING THE TOWN MANAGER TO SEND A LETTER TO BOB COLLINS, STEERING COMMITTEE CHAIR, OF THE PEOPLE OF COROLLA FOR INCORPORATION SUPPORTING THEIR REQUEST FOR INCORPORATION
Mayor Morrison asked if there was a deadline for the letter. Town Manager Layton stated there wasn’t. He stated that the only requirement of Duck was that the Town would need to have a letter notifying of their intent, which was received. He stated that the request was to support the incorporation. He stated there was not a timeline or a legal requirement that the Town would have to give their support.
Councilor Smith thought that a serious discussion would need to be made regarding the issue. He thought there was a lot of outstanding issues that Council does not know about as far as what their purpose is for incorporating, what they are hoping to achieve by incorporating, how that will change the political atmosphere, how it will affect the mid-county bridge as well as where they stand on the issue of the bridge. He stated that clarification should be obtained on these items before Council moves ahead. He stated that he did not know what they were trying to achieve by incorporating and why it came about. He stated he did not have enough information to support a letter. He stated that they should provide more information if they want a letter of support.
Councilor Lindley stated that he has heard strong arguments on both sides of the issue. He stated he would be grateful for a chance to explore the issue further.
Mayor Pro Tempore Thibodeau stated that there is a lot to incorporation and thought that the citizens group had benefited from the Town of Duck. She agreed with Councilor Smith’s comments but felt that the Town has given its support by giving them information in the past.
Councilor Caviness stated that she supports their efforts but the Town doesn’t know what their political agenda is. She felt Council needed to know that.
Mayor Morrison stated that Council would also like to know their stand on building the bridge as well as their feelings on widening the road. He stated he would look forward to them making a presentation to Council.
John Wander of 119 Sandcastle Court was recognized to speak. Mr. Wander thought Council should consider that there are three (3) members on the Build the Bridge committee with two (2) of the members not favoring Corolla incorporating. He stated that Currituck County has historically not been in favor of separate incorporation. He stated that 79% of Currituck County is in favor of the mid county bridge. He stated he did not know what part of that percentage represents Corolla. He stated that he doesn’t know what would happen with the bridge situation if Corolla incorporated. He stated that if the county is unified, the bridge could be built by outsourcing. He wondered what the Town would gain from Corolla incorporating.
George Keefe of the Duck Community and Business Alliance was recognized to speak. Mr. Keefe thought that giving assistance to Corolla was fine. He thought that unintended adverse consequences could be considerable regarding the widening of the road as well as the lack of support for the bridge. He thought if the Town stepped in, it would risk alienating the rest of Currituck County and therefore stop the bridge from possibly being built. He thought there was little to be gained and much to be lost by supporting them.
Councilor Smith thought that by supplying information to them in the past was not necessarily showing support. He stated that it was a convenience issue for them since the Town was more newly incorporated than others.
It was consensus of Council to defer any action on sending a letter to the people of Corolla supporting their attempts to incorporate.
ADJOURNMENT
There being no further business to discuss, Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 2:22 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor