TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
October 4, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, October 4, 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 Lieutenant Phillip Ferguson; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 7:03 p.m. Mayor Morrison asked Town Attorney McRee to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated that it was discussed at an earlier meeting the potential for the Town Hall at the park. He stated the new property is now the obvious location for the Town Hall, but since it is in the center of Town and highly visible, it should be a building that represents Duck. He suggested the meeting room be set up like an auditorium that would accommodate the public. He asked that the existing fig tree behind the new property be preserved.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the September 6, 2006 regular meeting and the September 20, 2006 mid-month meeting. Mayor Morrison directed Council to review the minutes from the September 6, 2006 meeting for changes.
Councilor Caviness moved to approve the September 6, 2006 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the September 20, 2006 meeting for changes.
Councilor Caviness had one change to page 2 of the minutes.
Councilor Lindley moved to approve the September 20, 2006 minutes as amended.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Resolution 06-13, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Policy Related to Donations to Community Organizations
Mayor Morrison stated the issue was discussed at the last Council meeting. He stated a committee consisting of Councilors Caviness and Lindley were appointed and presented a recommendation to Council regarding donations to community organizations by the Council. He stated that Council had before them a resolution that expressed the recommendation of the committee.
Mayor Morrison stated that the committee made a recommendation that Council make a policy of not contributing to local charitable organizations for fear that once it was started, the Town would be besieged with requests from other organizations. He noted that most of the organizations are extremely worthwhile, but felt it may not be in the best interest of the Town to donate taxpayer’s money to these organizations. He stated the resolution would not preclude Council from contributing in the future if they do decide that a particular organization is deserving of a contribution.
Councilor Smith moved to adopt Resolution 06-13 as presented.
Motion approved 5-0.
Mayor Morrison thanked Councilors Caviness and Lindley for all of their hard work.
Discussion/Consideration of Resolution 06-14, a Resolution of the Town Council of the Town of Duck, North Carolina, Authorizing the Execution of a Public Access Grant Contract
Town Manager Layton stated that prior to the last mid month meeting; the Town had just received notification that the second public access grant related to Phase 2 of the park development was awarded in the amount of $368,500. He stated that the Town has to provide a 25% match to the grant award. He stated that the Town also has match funding from the Tourism Bureau of $225,000. He stated that in order to execute the grant and receive the funds, Council would need to pass the resolution and sign the contract paperwork. He stated that to receive the funds, the Town has to pay the money up front and would be reimbursed once it was determined that the Town has completed the work it intends to do.
Mayor Pro Tempore Thibodeau asked how NCDENR keeps track of the work the Town would be doing. Town Manager Layton stated that the Town will have to file quarterly reports on the project. He stated that before any funding is released, NCDENR would conduct a site visit.
Councilor Smith pointed out that the resolution called for a 25% match. He stated that the match in the resolution was incorrect. He stated that the match should be $92,125. Town Manager Layton stated that he had made a mistake on the math.
Mayor Pro Tempore Thibodeau asked what the timetable was for the grant. Town Manager Layton stated that the original timetable was through June 30, 2008. He stated that within 30 days, the Town is expected to have the permit in hand. He stated that once the Town has the permit, it could be more aggressive in the implementation of the Master Plan.
Mayor Pro Tempore Thibodeau moved to approve Resolution 06-14 as amended.
Motion carried 5-0.
Discussion/Consideration of Authorizing the Town Manager to Execute a Contract with Coinjock Farms related to Phase 1A of the Municipal Property Master Plan
Town Manager Layton stated that he wanted to review with Council where the Town is with Phase 1A and discuss the cost estimates related to it as well obtaining a recommendation from Council to allow him to execute a contract for Phase 1A. He went on to give a short presentation to Council and the audience.
Councilor Caviness asked if the plan was based on the existing one, not including any revisions. Town Manager Layton stated it did include revisions. Councilor Caviness asked if it included revisions to the designs with the new property. Town Manager Layton stated it was separate from the new property the Town purchased. Councilor Caviness asked if any pieces of the project had the potential to change now that the Town owns the new property. Town Manager Layton stated it wouldn’t.
Councilor Lindley asked why the sidewalk was on the north side of the drive aisle. Town Manager Layton stated that the south side was elevated and the sidewalk would not work on that side.
Councilor Smith asked what the wrap for the gravel pave was made from. Town Manager Layton stated that most of it is made of recycled plastic with plastic matting to help roll it out.
Town Manager Layton recommended Council authorize him to execute a contract with Coinjock Farms for Phase 1A of the Master Plan and to utilize the existing match to the Visitor’s Bureau grant to fund the cost estimates for Phase 1.
Mayor Pro Tempore Thibodeau asked why Phase 1 could not be done in conjunction with Phase 1A. Town Manager Layton stated that there was a logical break between the phases as the remainder of Phase 1A would be the pier by the canoe and kayak launch. He stated that the people working on the pier will not be the same ones that will be doing the site work and gravel pave. Mayor Pro Tempore Thibodeau asked about the remainder of the parking area. Town Manager Layton stated that it would be part of Phase 2 and was not part of Phase 1. Mayor Pro Tempore Thibodeau asked if it would be cost prohibitive to have the people working on the parking area to complete the whole thing. Town Manager Layton stated it could possibly happen but there may be CAMA issues. He stated that once the CAMA permit is issued, Phase 2 work would begin.
Councilor Smith asked if Coinjock Farms had ever completed a project such as this one. Town Manager Layton stated they have but they had used the geo-web, which is very similar to gravel pave. Councilor Smith asked if they would contract with the company that makes the gravel pave. Town Manager Layton stated that Coinjock Farms will purchase and install the product.
Councilor Lindley moved to authorize the Town Manager to execute a contract with Coinjock Farms related to Phase 1A of the Municipal Property Master Plan.
Mayor Pro Tempore Thibodeau asked if the extra portion of the parking could be included in the phase if it becomes feasible. Town Manager Layton stated he would speak to Chris Dewitt of VHB and see if the timing makes sense. He stated that if it did, an amendment to the contract would be brought back to Council for the cost. He stated he was not sure of the cost.
Councilor Caviness asked if the extra parking spaces would be located closer to the new Town Hall, eliminating the need for the additional parking. Town Manager Layton stated that it could be a recommendation from the Municipal Property Committee.
Mayor Pro Tempore Thibodeau wondered if the additional parking could be at the original cul-de-sac on the south side of the new property. Town Manager Layton stated that the preferred alternative did not have parking in that area for everyday use but for special events only.
Motion carried 5-0.
Mayor Morrison asked if another motion was needed for the financing. Town Manager Layton stated it wasn’t and that he would bring back some clarifying budget amendments at the November meeting.
Update on the Residential Curbside Recycling Program
Town Manager Layton stated he wanted to give Council an update on the residential curbside recycling program. He stated that with the end of the fiscal year, it was a good time to look at the trends. He went on to give a short presentation to Council and the audience.
Mayor Pro Tempore Thibodeau asked if homeowners are charged for the recycling carts. Town Manager Layton stated they aren’t as they are leased through the Town.
Mayor Morrison thanked Town Manager Layton for his presentation.
NEW BUSINESS
Discussion/Consideration of Resolution 06-15, a Resolution of the Town Council of the Town of Duck, North Carolina, Declaring Certain Property Surplus and Authorizing the Donation of Said Property to the Town of Hertford Police Department
Town Manager Layton stated that one of the Town’s police officers was recently speaking to one of the Hertford police officers at a meeting and they discussed radio modems. He stated that the Town had originally obtained radio modems through a grant in 2003. Since then, the Police Department has upgraded their modems and no longer has any use for the original modems. He stated that the modems are valued at about $500 if the Town had a need to sell them. He felt that the Hertford Police Department would be able to use the modems. He recommended the Town help its neighboring town and that Council authorize the donation.
Mayor Pro Tempore Thibodeau moved to approve Resolution 06-15 as presented.
Motion carried 5-0.
Mayor Morrison asked for Council’s consensus to add another agenda item at this time. It was consensus of Council to allow the additional agenda item.
Discussion/Consideration of Resolution 06-16, a Resolution of the Town Council of the Town of Duck, North Carolina, Declaring October 2006 as Community Planning Month in the Town of Duck
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that since 1949 there has been a World Town Planning Day every November 8. She stated that last year, approximately thirty (30) countries on four (4) different continents participated in World Town Planning Day. She stated that the American Planning Association has decided to inaugurate Community Planning Month in October 2006 which will be followed by the World Town Planning Day in November. She stated that in order to support the effort, she recommended Council pass the resolution. She went on to read the resolution to Council and the audience.
Councilor Smith felt that the resolution had meaning with regard to the Town of Duck. He stated that so much work goes on behind the scenes with Director Cotellessa and the Planning Board.
Councilor Caviness moved to approve Resolution 06-16 as presented.
Motion carried 5-0.
Appointment of Voting Delegates at the North Carolina League of Municipalities Conference
Mayor Morrison stated that Councilor Smith and Town Manager Layton would be attending the North Carolina League of Municipalities conference and Council needed to appoint one as the voting delegate and the other as the alternate.
Town Manager Layton suggested that an elected official always be designated as the voting delegate.
Mayor Morrison moved to name Councilor Smith as the voting delegate and Town Manager Layton as the alternate.
Motion carried 5-0.
Appointment to Sheriff’s Committee Studying Radio Communications
Mayor Morrison stated that at the last Mayor’s luncheon, Sheriff Rodney Midgett made a presentation regarding communications in the County. He stated that Sheriff Midgett’s office has recommended to the Dare County Board of Commissioners that the current radio communications system used by public safety agencies be converted to an 800 MHz trunk system. He stated that the system will be of considerable expense to the County. He stated that the Commissioners requested that Sheriff Midgett form a committee of representatives from the various municipalities to discuss the issue.
Mayor Morrison moved to appoint Councilor Smith to the committee. Councilor Smith stated he would be happy to serve on the committee.
Mayor Pro Tempore Thibodeau thanked Councilor Smith for agreeing to serve on the committee. She asked if he would be working closely with the police and fire departments. Mayor Morrison thought that Police Chief Hamilton and Fire Chief Black would be attending the meetings with Councilor Smith.
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 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 Fire Department, Police Department and Building permit activities to Council.
Fire Chief Donna Black was recognized to speak. Fire Chief Black reminded Council and the audience that the Fire Department would be holding their Fire Prevention Week Open House on Tuesday, October 10, 2006. She encouraged everyone to attend. She also reminded everyone of the Fire Department’s Fall Barbeque on Saturday, October 21, 2006.
Update on Municipal/Herron Properties
Town Manager Layton stated that the Town should have its permit within thirty (30) days and once it is in hand, he expected the bidding process to be pretty aggressive with moving forward with the implementation of the park. He stated that with the awarding of the contract of Phase 1A, staff will be organizing a groundbreaking for the park. He stated that Council and the Municipal Property Committee would be part of the groundbreaking ceremony.
Town Manager Layton stated that the asbestos report for the former Herron building was completed with asbestos present in the glue as well as in the linoleum in the upstairs bathroom. He stated that in order to take the building down, the Town will have to have the asbestos abated. He stated that the Town will be required to develop an asbestos abatement plan, which has already been completed. He expected to have bids on the project for the asbestos removal by October 17, 2006. He hoped to bring back to Council in November a recommendation to enter into a contract for the abatement.
Budget Amendments
Town Manager Layton stated that the budget amendment appropriates $368,500 into the revenue account for the DENR Public Access Grant and expenditure account Park Development Phase II.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment as presented.
Motion carried 5-0.
Financial Statement for the Month of September 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 stated he did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that she will be writing her North Beach Sun article and welcomed ideas from Council for the article.
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated he had nothing to report.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the regular meeting on Wednesday, November 1, 2006 at 7:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Thibodeau move to enter closed session in accordance with Section 143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee.
Motion carried 5-0.
The time was 8:42 p.m.
Upon return from closed session Mayor Pro Tempore Thibodeau moved to execute an amended contract between the Town of Duck and Christopher J. Layton.
Motion carried 5-0.
Councilor Caviness moved to set Town Manager Layton’s salary to $95,428 effective November 1, 2006.
Motion carried 5-0.
There being no further business to discuss, Mayor Pro Tempore Thibodeau moved to adjourn the meeting.
Motion carried 5-0.
The time was 10:20 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor