TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
November 1, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, November 1, 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; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Fire Chief Donna Black.
Mayor Morrison called the meeting to order at 7:03 p.m. Mayor Morrison asked Lee Morrison to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that he had noticed on the agenda that Council would be discussing rezoning of the new Town property from commercial to municipal. He stated that over the last five (5) years, the Town has rezoned approximately eleven or twelve (11 or 12) acres of property from commercial to residential or commercial to municipal. He stated that he understood the practicality of it and agreed, but wanted to point out that before the Town incorporated, people had wanted to pull in the reigns of commercialism. He stated that the Town has accomplished that task. He stated that less than .5% of the Town property is commercial. He stated that if the Town starts eliminating all commercial uses, eventually it will come back and bite the Town. He thought Council should be aware of what is being done with rezoning certain properties into nontaxable entities.
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 October 4, 2006 regular meeting. Mayor Morrison directed Council to review the minutes from the October 4, 2006 meeting for changes.
Mayor Pro Tempore Thibodeau moved to approve the October 4, 2006 minutes as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Authorizing the Town Manager to Enter into a Contract for the Removal of Asbestos from the Former Herron Family Restaurant Building
Town Manager Layton stated that the Town has been working with Armstrong Environmental on the asbestos abatement plan for the former Herron Restaurant building. He stated that the asbestos issue has to be addressed before anything could be done to the building. He stated that the consultant issued an RFP for abatement services and received three (3) bids – two (2) from firms in Raleigh, NC and one (1) from Chesapeake, VA. He recommended that the Town proceed with Atlantic Environmental Construction Company of Chesapeake, VA with a bid of $3,821. He asked for the authority to enter into the contract for the abatement of the asbestos. He stated he anticipated the abatement taking place before the end of November 2006 and if it does occur, the Fire Department may perform a controlled burn on the building on December 16, 2006.
Mayor Pro Tempore Thibodeau asked how long the abatement would take. Town Manager Layton believed it would take approximately a day and a half.
Councilor Lindley moved to authorize the Town Manager to enter into a contract with Atlantic Environmental Construction Company of the removal of asbestos from the former Herron Family Restaurant building.
Motion carried 5-0.
Presentation of the Proposed Town of Duck Fifth Anniversary Logo
Town Manager Layton stated that at a previous Council meeting, it was suggested that in preparation of the Town’s fifth (5th) anniversary, a special logo should be designed to be used on Town letterhead and business cards during the 2007 year. He stated that Councilor Lindley and Kathy McCullough-Testa were asked to brainstorm some ideas for it and the concepts were sent to an artist to be finalized. He stated that Council had in their packets the staff recommendation for the new logo as well as two (2) other concepts that were drawn up. He stated that in order to go forward with using the logo, he would need Council’s approval. He went on to show Council and the audience the recommended logo as well as the two (2) other concepts.
Mayor Morrison asked Councilor Lindley if he approved of the recommended logo. Councilor Lindley felt it was an excellent one to use.
Councilor Smith stated he liked the design but did not like the font for the word “of” in the seal. He felt the new logo should look like the existing one with regard to the font. Councilor Caviness and Mayor Morrison agreed. Mayor Pro Tempore Thibodeau stated she liked the new logo.
Councilor Lindley moved to adopt the recommended version of the Town of Duck seal with the one change noted for the fifth (5th) year anniversary.
Motion carried 5-0.
Update on Proposed 2006-2007 Event Schedule
Kathy McCullough-Testa was recognized to speak. Ms. McCullough-Testa stated that she had put together an updated event schedule for the Town for the remainder of 2006 and for 2007. She went on to review the schedule with Council and the audience.
Mayor Morrison thanked Ms. McCullough-Testa for setting things up.
Town Manager Layton stated that the only glitches the Town may have would be if something happened with the Municipal Property that would not allow an event to go forward. He did not anticipate this happening, but anticipated working around the issues by using tents since the gazebo and amphitheater would not be ready.
Mayor Pro Tempore Thibodeau asked if the grassy area would be manicured a bit. She asked if the area for events would only be in the area to the left of the former Herron’s Restaurant. Town Manager Layton stated she was correct. He stated that most of the efforts for that end of the property will be just beginning, but it will depend on where the Town is with the CAMA permit. He stated that there will not be a whole lot of grading needed on the grassy area. Mayor Pro Tempore Thibodeau felt the site may work as is. Town Manager Layton agreed.
Mayor Pro Tempore Thibodeau asked how the property will look once the Herron building is razed. Town Manager Layton stated that the area will be cleaned up and then it will be determined if a fence will need to be put up to keep people out of that area.
Councilor Caviness stated that the evening musical performances would be starting at an odd hour in the summer. She thought it was during the dinner hour and felt it would be better to be pushed back until 8:00 p.m. She asked if it was because there is no lighting on the site. Ms. McCullough-Testa stated that she was correct. Councilor Caviness felt it was not a good time to have a musical performance as it would impact the restaurants in the area. Ms. McCullough-Testa stated she had talked to the owners of Roadside Bar & Grill and they were happy about the musical performances during the dinner hour. Councilor Caviness still felt it was not an ideal time for musical performances. Mayor Morrison asked if the time could be pushed back from 6:00 p.m. to 7:00 p.m. Councilor Caviness pointed out that in the summer time, it stays light out until approximately 9:00 p.m. Ms. McCullough-Testa stated that the other issue is that some bands have another gig around 9:00 p.m., so that was the reason for having them in Town early. Town Manager Layton pointed out that the schedule was tentative. He stated that Councilor Caviness had a good suggestion and stated staff could work with the bands.
Councilor Smith pointed out that the dinner hour stretches from 5:00 p.m. until almost 10:00 p.m. some nights.
Town Manger Layton stated that he would like people to start to see that events will begin in Town. He stated that he is trying to help set a precedent for activities in Town.
Mayor Pro Tempore Thibodeau asked if AM 530 would be updated with regard to the events in Town. Town Manager Layton stated it would.
Mayor Morrison thanked Ms. McCullough-Testa for her presentation.
Presentation by Mirek Dabrowski, Ocean Rescue, Regarding 2006 Season
Mirek Dabrowski was recognized to speak. Mr. Dabrowski went on to give a short presentation on the 2006 summer season to Council and the audience.
Councilor Caviness asked if people were gravitating north near the Four Seasons lifeguard stand. Mr. Dabrowski stated that people would go wherever the lifeguard stand was closest. He felt it was evenly distributed north and south.
Councilor Smith asked if there were any areas that had a decrease in the concentration of people. Mr. Dabrowski stated there wasn’t.
Mayor Morrison thanked Mr. Dabrowski for his presentation.
NEW BUSINESS
Recommendation for Appointment to the Dare County Tourism Board
Mayor Morrison stated that his four (4) year term on the Tourism Board will expire at the end of the year. He stated that a person can only serve two (2) consecutive two (2) year terms and then has to step down. He stated that he would be stepping down by the end of 2006 and a Council member would have to be appointed to take his place. He asked if Dare County had sent the Town a letter regarding the issue. Deputy Town Clerk Kopec stated that one had not been received.
Mayor Morrison moved to appoint Councilor Caviness to serve as the Town’s representative on the Dare County Tourism Board for the next two (2) years.
Motion carried 5-0.
Councilor Caviness thanked Mayor Morrison and stated it would be an honor to serve on the board.
Mayor Morrison stated that an alternate would also have to be appointed. He moved to appoint Mayor Pro Tempore Thibodeau as the alternate.
Motion carried 5-0.
Discussion of Proposed Municipal Property Rezoning
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that the fourth (4th) piece of property that the Town owns will need to be rezoned to C-PR (Conservation – Public Recreation). She stated that this rezoning was set in the Town’s adopted Land Use Plan. She stated that in the Land Use Plan, the Herron Restaurant was identified as C-PR for future use. She stated that now that the Town owns the property, it would be appropriate to rezone it and take the four (4) parcels and combine them into one (1) as a whole property. She stated that the rezoning will be sent to the Planning Board for them to work on.
Town Manager Layton stated that the designation as C-PR would require a Conditional Use Permit for Town facilities. He stated it is a process that the Town will have to go through with some of the park pieces and also with the Town Hall. He stated that a Conditional Use Permit will be needed to the Town Hall.
Mayor Pro Tempore Thibodeau asked if the property was left as is, would the Town have to obtain a Conditional Use Permit. Director Cotellessa stated that the uses permitted in the Commercial District include Town facilities. She stated that when it was first set up, it was done as a Conditional Use Permit to allow the public to make comments on it. Mayor Pro Tempore Thibodeau asked if the Planning Board would be asked to assist the Town in rezoning as well as combining all of the parcels into one (1). Director Cotellessa stated she was correct. She stated that the four (4) parcels have four (4) different addresses but once they are combined, it would have the address of 1200 Duck Road.
Councilor Lindley moved to send the issue to the Planning Board for review and recommendation to Town Council.
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 but wanted to commend Police Chief Dale Hamilton and his officers on their response to the death of Chief Pledger of the Town of Southern Shores. He stated that as the Town’s attorney, he was proud to see the Chief and officers helping out another jurisdiction in a time of need.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Dark Sky Lighting Initiative
Town Manager Layton stated that the Community Improvement Committee had their meeting on October 31, 2006 and an initiative related to dark sky lighting came out of it that he wanted to present to Council for their consideration. He stated that Director Cotellessa has been spearheading the initiative and asked her to make a presentation.
Director Cotellessa stated that the Community Improvement Committee had discussed a demonstration project to deal with the dark sky lighting issue. She stated the demonstration would show the citizens how to use a new product called Parshield. She stated the new product clips over a spotlight, shading the light from other areas as well as homes. She stated that the Community Improvement Committee would like to give themselves a grant for the demonstration and get in approximately one hundred (100) sets of the shields to hand out to the citizens on a first come first serve basis and teach them how to use them. She stated that the demonstration is tentatively set to be held over Thanksgiving weekend. She stated that the Community Improvement Committee is asking for permission to award themselves a grant up to $1,800 to obtain three (3) cases of the parshields to hand out.
Mayor Pro Tempore Thibodeau asked if the parshields come in pairs. Director Cotellessa stated they do.
It was consensus of Council to allow the Community Improvement Committee to award themselves a grant up to $1,800 for the demonstration.
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.
World Town Planning Day Activities
Town Manager Layton reminded Council that the Town and Planning Board were sponsoring World Town Planning Day on Wednesday, November 8, 2006 at the Blue Point Restaurant. He stated that the Town will be hosting the event.
Budget Amendments
Town Manager Layton stated that the budget amendment transfers $4,000 from Contingency to Public Buildings to cover the costs associated with the asbestos abatement, transfers $200,000 from Parks – Park Development Phase II to Parks – Park Development Phase I. He stated that it also appropriates $25,000 from the unreserved fund balance to the appropriated fund balance and $75,850 in grant funds to DENR Public Access Grant into Parks – Park Development Phase I. He pointed out that all funding was previously approved by Council.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment as presented.
Motion carried 5-0.
Financial Statement for the Month of October 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 reminded everyone that the Town would be holding a groundbreaking ceremony at the Municipal Property on Friday, November 3, 2006 at 2:00 p.m.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that she attended the last Community Development Corporation’s affordable housing conference recently. She stated it was a great presentation. She stated that Coastal Living would be featuring an article on the Town of Duck.
Councilor Caviness stated she had nothing to report.
Councilor Lindley thanked everyone that worked on the Tuckahoe stormwater abatement project. He stated that it is amazing at how well the system has been working during storm events.
Councilor Smith stated that he had attended the North Carolina League of Municipalities annual conference and found it very educational and interesting. He stated that he enjoyed attending the meeting with Town Manager Layton. He commended members of the Town on their hard work in getting so far with issues in the Town in such a short timeframe.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the regular meeting on Wednesday, December 6, 2006 at 7:00 p.m.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:24 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: December 6, 2006
_______________________________
/s/ Neil Morrison, Mayor