TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
December 6, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, December 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 7:02 p.m. Mayor Morrison asked former Mayor Gene Schwarz to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
There being no one wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the November 1, 2006 regular meeting. Mayor Morrison directed Council to review the minutes from the November 1, 2006 meeting for changes.
Mayor Pro Tempore Thibodeau moved to approve the November 1, 2006 minutes as presented.
Motion carried 5-0.
SPECIAL PRESENTATIONS
Presentation by the Outer Banks Community Foundation
Jon Kenton of the Outer Banks Community Foundation was recognized to speak. Mr. Kenton went on to give a short presentation to Council and audience regarding the organization’s past accomplishments and goals for the future.
Mayor Morrison thanked Mr. Kenton for his presentation.
Presentation by the Duck Community and Business Alliance
Lynn Alterman of the DCBA was recognized to speak. Ms. Alterman gave a short overview on the results of their recent member survey to Council and the audience.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated he was solicited and quickly joined the DCBA but was shocked when someone appeared before Council at a previous meeting on behalf of the DCBA requesting that Council and the Town buy the old Swan Cove Restaurant. He felt it was a bad idea. He asked if the DCBA had made a decision that the Town should buy this restaurant. Ms. Alterman stated it was a suggestion that was brought up. Mr. Summers pointed out that the DCBA had asked everyone to join their organization and then came out with a position that he felt was ridiculous. He asked if there was some way to handle things. Ms. Alterman stated that George Keefe is the president of the DCBA and he might be able to answer the question. Mayor Morrison interjected and stated that Council was not going to open up the meeting to a debate. Mr. Summers stated that the issue had been bothering him and wanted to speak about it. Mayor Morrison thanked Mr. Summers for his comments.
Mayor Morrison thanked Ms. Alterman for her presentation. He stated that Council appreciates the DCBA’s efforts on behalf of the Town and will always listen to what they suggest even if they do not agree.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Presentation of the FY 2006 Audit
Lisa Murphy from Johnson, Burgess, Mizelle and Straub was recognized to speak. Ms. Murphy went on to give an overview of the Town’s Financial Statements for the year ended June 30, 2006 to Council and the audience.
Councilor Lindley asked if Ms. Murphy recommended that the Town adopt a policy regarding custodial credit risk for deposits. Ms. Murphy stated it was a new disclosure requirement that has been required by GASB statements. She stated that the audit process does cover some of it but there is not a statement that actually says there is a policy.
Councilor Lindley asked if the Town sees the Fire Department’s accounting in the audit. Ms. Murphy stated it is separate audit. Town Manager Layton stated that Council receives a copy of the Fire Department’s audit each year.
Councilor Lindley asked if there was a recommendation for errors and omissions insurance. Ms. Murphy stated that there is insurance but wasn’t sure if errors and omissions were covered. Town Manager Layton believed that it was.
Mayor Pro Tempore Thibodeau suggested that the Management Discussion and Analysis include language regarding the Town receiving sales tax revenue with regard to occupancy tax. Ms. Murphy stated that sales tax has decreased in the Town, but occupancy tax has increased.
Mayor Morrison thanked Lisa Murphy for her presentation.
Discussion of Council Retreat
Mayor Morrison stated that traditionally, Council has a retreat every January to set priorities and discuss issues for the upcoming year. He stated the tentative dates for the Retreat are January 17 and 18, 2007. He asked if a location had been established to hold it. Town Manager Layton stated that in previous years it has been held at the Sanderling Inn and it could be held there in 2007. He stated that he would like to establish the dates to reserve space at the Sanderling Inn. He stated that the procedure of having items put on the agenda would also need to be discussed. He stated that in previous years, he requested that Council provide him a list of items that they would like to have covered which he reviews with the Mayor. He suggested that the procedure be followed again for the 2007 Retreat and that Council provide information to him by January 1, 2007 so staff has plenty of time to prepare for the Retreat. He proposed that the CIP and a budget overview as well as some preliminary information regarding a Town Hall be included on the agenda.
Mayor Morrison stated that the Retreat is a good time for the public and especially for members of the DCBA to come and observe the preliminary ideas on the Town Hall from the architect. He stated that Council would welcome public input on it.
Councilor Lindley asked if the architect has been acquired by the Town. Town Manager Layton stated that the Town had acquired the architect’s services to provide preliminary ideas.
Mayor Pro Tempore Thibodeau encouraged the audience to attend the Retreat.
Town Manager Layton asked if Council was comfortable with the proposed dates for the Retreat. Councilor Caviness stated she had a conflict and would not be able to attend the Retreat on the 17th. She asked if it could be scheduled for January 18-19, 2007. Mayor Morrison stated that Councilor Caviness had an additional conflict for the 18th as she has a Dare County Tourism Board meeting on that day.
Councilor Caviness suggested holding the Retreat on the following week or having it on January 22 and 23, 2007. Town Manager Layton stated he would be available on any dates Council wished. Councilor Smith stated he had a conflict.
Mayor Morrison asked if the week of January 8, 2007 would work. Councilor Caviness stated that she would not be available from January 9 through January 17, 2007. Mayor Morrison asked if any Council member had a problem with holding the Retreat on January 24 – 25, 2007. He stated that Council would tentatively schedule the Retreat for those two (2) days. Town Manager Layton stated he would make arrangements for the 24th and 25th for the Retreat.
Deputy Town Clerk Lori Kopec was recognized to speak. Deputy Town Clerk Kopec stated that she had a conflict for those days. Town Manager Layton stated he would have other staff help out in her absence.
Mayor Morrison reminded Council to get in their agenda items to Town Manager Layton by January 1, 2007.
It was consensus of Council to have the Retreat on January 24 – 25, 2007 at the Sanderling Inn.
NEW BUSINESS
Discussion of Issue Related to the November 22, 2006 Nor’easter
Town Manager Layton stated that Director of Community Development Director Suzanne Cotellessa had put together a presentation regarding the recent nor’easter. He stated he wanted to discuss the response during the event, the response from a community development perspective on the damage from the storm and the cleanup, and what the Town is proposing to do for the cleanup.
Director Cotellessa went on to give a short presentation on the nor’easter to Council and the audience.
Mayor Pro Tempore Thibodeau asked if the Sanderling subdivision had a beach nourishment fund or brought in sand for a previous beach push. Director Cotellessa stated that she wasn’t sure if they have done anything since the early 1990’s.
Councilor Caviness asked if a homeowner wanted to do a beach push, would they have to obtain a CAMA permit. Director Cotellessa thought there was a general permit that could be obtained from CAMA. Town Manager Layton pointed out that one could be obtained from the Town’s CAMA permit officer. Councilor Caviness asked if the Town is made aware when beach pushes or dune restorations are permitted. Director Cotellessa stated the Town is. Councilor Caviness asked if the beach pushes and/or dune restorations are done more on an individual property owner basis or as a group of property owners. Director Cotellessa stated that if one (1) property does a beach push, it is not very effective. Town Manager Layton pointed out that the Four Seasons subdivision will be doing a beach push.
Town Manager Layton pointed out that Council had a resolution in their packets that would waive the building permit fees specifically for repairs of beach walkovers. He stated that it would only be for repairs due to the storm damage and not a blanket statement to allow people to construct a brand new beach walkover. He stated that if homeowners are replacing what was lost due to the storm, it will give the Town the authority to waive the fees and expedite the process. Director Cotellessa stated that if the homeowner replaces exactly what was there, there will not be any survey requirements.
Mayor Morrison thanked Director Cotellessa for her presentation.
Town Manager Layton proposed to Council that he be authorized to allow Town staff and equipment to clean up the beach as well as putting a dumpster on the beach for the debris. He stated the cost would be minimal for the labor. Disposal costs would be handled under the Town’s contract with Waste Management.
Councilor Smith moved to authorize the Town Manager to proceed in whatever measures necessary to have the beach cleaned up.
Motion carried 5-0.
Discussion/Consideration of Resolution #06-17, a Resolution of the Town Council of the Town of Duck, North Carolina, Waiving Certain Fees Associated with Building Permits for the Repair of Certain Structures Damaged by the November 22, 2006 Nor’easter
Town Manager Layton stated that the resolution would waive the building permit fees for repairs to community and private beach walkovers. He stated that the waiver would be for a ninety (90) day period from December 6, 2006, meaning that the application would need to be in-house within the ninety (90) day period.
Councilor Lindley moved to approve Resolution 06-17 as presented.
Mayor Pro Tempore Thibodeau asked if the Building Inspector would be looking for other nonconformities when performing his inspection of the beach walkovers. Director Cotellessa stated he would be looking for the safety of the beach walkover in its construction. She stated it would be for repair only of exactly what was there before it was damaged by the storm.
Motion carried 5-0.
Town Manager Layton stated that he was out of town during the storm and commended his staff for their hard work in his absence.
Discussion/Consideration of an Amendment to the Contract with Coinjock Farms dated October 23, 2006 to provide for the installation of an additional parking area as part of the Municipal Property Master Plan
Town Manager Layton stated that the Town had their groundbreaking on November 3, 2006 and has been proceeding with Coinjock Farms on Phase 1A of the Municipal Property Master Plan. He stated that he had hoped to have the CAMA permit but it has not been signed to date by the Division of Water Quality. He stated that the Town has been proceeding with bidding out for the construction and expected by the end of December to bid out Phase 1B and 2 of the project. He stated that because Coinjock Farms is working at the property now, it would be beneficial to have them install the additional parking area. He pointed out that it does not fall into any of the CAMA regulated areas and does not impact any Division of Water Quality issues. He asked Council for authorization to amend the contract to put in the second phase of parking. He stated that the cost would be $137,500, which fits in the budget for the project.
Councilor Caviness asked if it would compromise any plans for the new property. Town Manager Layton stated it would not.
Mayor Morrison and Council Caviness agreed that Coinjock Farms is doing a fabulous job on the property.
Town Manager Layton stated that construction of the drainage swale has begun on the property, which has been working with the recent rain events.
Mayor Pro Tempore Thibodeau moved to approve the amendment to the contract with Coinjock Farms as presented.
Motion approved 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.
Councilor Caviness stated that Town Attorney McRee had completed the Outer Banks Half Marathon recently.
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 Hamilton discussed two (2) letters from citizens commending Officer Becky Gardner and Officer Donna Greene. He also showed Council and the audience a plaque that the Police Department received from a citizen thanking Lieutenant Phillip Ferguson and Officer Donna Greene.
Update on Outer Banks Transportation Task Force
Town Manager Layton stated that the Task Force had met recently and are asking the mayors to sign a resolution requesting early support for development of a comprehensive transportation plan covering Dare County and its six (6) municipalities. He proposed that the resolution be put on the agenda for the January 3, 2007 meeting.
It was consensus of Council to have the resolution presented at the January 3, 2007 meeting.
Financial Statement for the Month of November 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 that the Dare County Board of Commissioners officially appointed Councilor Caviness to the Dare County Tourism Board for a two (2) year term.
Mayor Morrison stated he had attended a meeting regarding the emergency radio systems study. He went on to pass out copies of the presentation to each Council member.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau – Discussion of Regulations Related to the Down Lighting of Signs
Mayor Pro Tempore Thibodeau passed out copies of her presentation to each Council member. She went on to read her presentation, expressing her opposition to the ordinance regarding down lighting of signs. She also presented a survey she conducted that showed which signs were up lit, down lit and backlit in Town. She ended her presentation by recommending that the ordinance be sent back to the Planning Board for review.
Councilor Caviness stated that she strongly objected to Mayor Pro Tempore Thibodeau’s opposition. She felt it would run contrary to what the Town’s public values are in regards to dark skies. She stated that the issue had been discussed for quite some time and to direct the Planning Board to review it again would not be in Council’s best interests. She stated she could not get behind the issue.
Councilor Smith agreed with Councilor Caviness’ comments. He stated that if lights are down lit properly, there would not be a problem. He thought the Town has bent over backwards with their patience in getting the signs to come into compliance. Councilor Caviness asked how long the ordinance has been on the books. Director Cotellessa stated that when the Town incorporated, there was a chapter on lighting. Councilor Smith pointed out that the Town has put a lot of ordinances in place that could be considered a financial burden on individuals. He stated that the Town is trying to move in a direction to set it apart and the dark sky initiative is an important one. He stated that he could not get behind the issue.
Mayor Pro Tempore Thibodeau asked Councilor Smith if he thought there was a problem with the lighting in Town presently. Councilor Smith stated he did. He stated that if all of the signs were down lit, there would be a difference. Mayor Pro Tempore Thibodeau clarified that the back lit signs and street lights would not be changed. Councilor Smith stated he wasn’t fond of back lit signs, but that it wasn’t the issue on the table. Mayor Pro Tempore Thibodeau felt that back lit signs and street lights were contrary to the dark sky ordinance. Councilor Smith agreed and thought that it could be addressed at a future time. Councilor Caviness agreed with Councilor Smith’s comments.
Councilor Lindley stated that he has a vision for the Town and felt the dark sky ordinance fits with the vision. He stated he was not in favor of the issue.
Mayor Morrison asked what the Town is doing regarding the existing up lit signs. Director Cotellessa stated that the Town has been trying to do an educational process up front by handing out information to all of the businesses. She stated they have been encouraging businesses to bring in proposals to change the lighting and the Town would help defray the costs with the grant program. She stated that the time to come into conformance expired in May, 2006. She stated that of the businesses listed in Mayor Pro Tempore Thibodeau’s survey, approximately six (6) are in the process of changing their lighting. She stated that a new date has been established – December 14, 2006 – to go out and make a list of those signs that are still not in conformance. She stated that notices of violation will then go out to let owners know that they need to come into compliance and offering them the grant program. She stated that the issue of fining will try to be avoided.
Mayor Morrison stated that his eyes are sensitive to glare and down lit signs would probably be better for those people that have the same problem. He pointed out that there seemed to be a consensus with Council that they were not in favor of the request. Mayor Pro Tempore Thibodeau thanked Council for their input.
Councilor Caviness stated she had attended the Build the Bridge Preserve Our Roads annual meeting. She stated that it was very informative but that there wasn’t any new information given. She stated that her annual turkey trot was a success in spite of the weather. She stated that they raised $5,500 and donated it to the Outer Banks Chapter of Community Training.
Councilor Lindley thanked the Fire Department for including Council in their holiday party celebration.
Councilor Smith stated that he, Fire Chief Donna Black and Mayor Morrison had attended the emergency radio meeting. He stated that there will be an extensive discussion coming up regarding the issue. He stated that he is excited to be part of the committee and hoped that a lot will be done.
OTHER BUSINESS
Fire Chief Black stated that the Fire Department had scheduled a live burn of the old Herron’s Family Restaurant building on Saturday December 16, 2006 (weather permitting). She stated that it will start at approximately 8:00 a.m.
Mayor Morrison stated that the next meeting will be the regular meeting on Wednesday, January 3, 2007 at 7:00 p.m. He thanked everyone in the audience for attending the meeting.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:11 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: January 3, 2007
_______________________________
/s/ Neil Morrison, Mayor