TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
January 3, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, January 3, 2007.
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 Police Lieutenant Phillip Ferguson to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that all comments related to the public hearing be held off.
Allan Beres of 146 Dune Road was recognized to speak. Mr. Beres expressed his gratitude to the Council Members. He stated they have done an admiral job during the past year. He also expressed his gratitude to the Town staff and stated it was evident that the staff really cares about the Town and each other. He stated that he knew the Council had a lot of issues they would be facing in the coming year and felt they would handle them as adroitly as they have in the past.
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 December 6, 2006 regular meeting. Mayor Morrison directed Council to review the minutes from the December 6, 2006 meeting for changes.
Mayor Pro Tempore Thibodeau stated that she had spoken to Deputy Town Clerk Kopec earlier regarding a grammatical change on page 2 and that the new sheet in front of Council had the revision.
Councilor Lindley moved to approve the December 6, 2006 minutes as amended.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Ordinance No. 07-01, an Ordinance Amending the Official Zoning Map of the Town of Duck, North Carolina, for the Municipal Property at 1202 Duck Road
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that the property is the former Herron’s Family Restaurant property. She stated that it is the last piece of the park property as all of the other properties around it have been rezoned to Conservation-Public Recreation (C-PR), which is appropriate for park uses and government offices. She stated that in order to put all the properties together and have one (1) zoning district that matches what the future Land Use Plan says it should be, the rezoning would have to be done. She stated after it is rezoned, the properties will be recombined with a new address of 1200 Duck Road.
Director Cotellessa stated that the Planning Board reviewed the proposed rezoning, found it consistent with the CAMA Core Land Use Plan and recommended 4-1 that the draft ordinance be adopted as written. She stated that upon adopting the ordinance, the property will be rezoned to C-PR.
Mayor Morrison opened the public hearing for Ordinance 07-01. 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 Caviness moved to adopt Ordinance 07-01 as presented.
Mayor Pro Tempore Thibodeau asked if it would be appropriate to have the new address listed in the draft ordinance. Director Cotellessa stated it was a housekeeping matter that occurs after the ordinance is adopted. Mayor Pro Tempore Thibodeau asked if the change is done through the post office. Director Cotellessa stated that it would be done through land records and GIS, fire department, utilities and post office.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Authorizing the Mayor to Sign the Resolution of the Outer Banks Transportation Task Force entitled: “Request of Early Support for Development of a Comprehensive Transportation Plan Covering Dare County and its Six Municipalities
Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that at the Council’s last meeting, the item was referred to this meeting for consideration. He stated that in that timeframe, the Outer Banks Transportation Task Force has not met and therefore no other towns have authorized their mayors to sign the resolution for adoption. He stated that there is a symposium planned that would be an information session on the activities for elected officials and the general public tentatively scheduled for February 15, 2007. He stated that in discussions with the other managers, it was the consensus that nothing be done until after the symposium. He recommended Council defer any action on the item until after the February 15, 2007 symposium.
Mayor Pro Tempore Thibodeau asked where the symposium will be held. Town Manager Layton stated he did not know. He stated that the next meeting will be at the end of January.
Mayor Morrison asked if the resolution should be discussed at the Retreat. Town Manager Layton stated that Council could but that he would not have any new information at that point.
Mayor Morrison moved to table the matter until after February 15, 2007.
Motion carried 5-0.
Update on Items Currently Under Consideration by the Planning Board
Director Cotellessa reviewed the items the Planning Board is working on with Council and the audience. She reviewed a rezoning at 1562 Duck Road, a text amendment regarding formula businesses, a text amendment regarding trees and vegetation and a text amendment regarding driveways and parking.
Councilor Smith asked if Director Cotellessa or Planning Board Chairman Ron Forlano had seen the ordinance that was passed by the Town of Southern Shores regarding driveways and parking. Director Cotellessa stated she had only seen it in draft form and had not received a final copy.
Mayor Morrison thanked Director Cotellessa for her report.
Town Manager Layton stated that if Council wished to discuss any of the issues at the Retreat, it would be appropriate. Mayor Pro Tempore Thibodeau felt it was a good idea.
NEW BUSINESS
Discussion/Consideration of Ordinance No. 07-02, an Ordinance Establishing a Reserve Police Officer Division
Town Manager Layton stated he would like to have the idea introduced and if Council desired to discuss it further, it could be done at the Retreat.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton went on to give a short Power Point presentation to Council and the audience regarding a reserve police officer division.
Councilor Caviness asked what percentage of calls were actual 911 emergency calls. Police Chief Hamilton stated he hadn’t broken out the calls. He stated that most of the 911 calls were false calls. Town Manager Layton stated that the increase in calls were due to the activity of the police officers. Mayor Morrison asked if traffic stops were included in the call volume. Police Chief Hamilton stated that everything was included.
Mayor Pro Tempore Thibodeau asked what type of equipment the reserve officer would need. Police Chief Hamilton stated the officer would need a uniform and possibly a weapon. He stated that the uniform would only be for summer and winter.
Mayor Morrison asked if the reserve officers would only be paid for the time they work. Police Chief Hamilton stated he was correct.
Councilor Lindley asked if he knew how other communities handled crowd situations and how many reserve officers would be needed. Police Chief Hamilton stated it was a difficult question to answer as it would have to be based on a particular situation as well as the location of the event.
Mayor Pro Tempore Thibodeau asked if any local municipalities use reserve officers. Police Chief Hamilton stated that the Kitty Hawk Police Department carries reserves on their roster. Town Attorney McRee stated that the City of Elizabeth City has auxiliary officers. Police Chief Hamilton stated that Currituck County Sheriffs Office uses them as well.
Councilor Smith asked what permanent officers in other jurisdictions think of reserve officers. He asked if there was friction between the permanent and reserve officers. Police Chief Hamilton stated that the permanent officers appreciate the assistance.
Councilor Lindley asked if the reserve officers carry the same weapons as permanent officers. Police Chief Hamilton stated that they do. He stated that they can also carry the weapon that they currently carry as long as they meet the State standard for training.
Mayor Morrison suggested that the issue be tabled to the Retreat.
It was consensus of Council to table the matter.
Mayor Morrison thanked Police Chief Hamilton for his presentation.
Town Manager Layton suggested incorporating the item with an overall fire/police presentation for the Retreat.
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 Building Permit, Fire Department and Police Department activities to Council.
Fire Chief Donna Black discussed the recent controlled burn of the Herron’s Family Restaurant and thanked Council for their support. Town Manager Layton commended Fire Chief Black on the excellent job with the burn. Council echoed his sentiment.
Update on Implementation of the Municipal Property Master Plan and the Tuckahoe Stormwater Project
Town Manager Layton stated that work at the Municipal Property is continuing with regard to Phase 1A and parts of Phase 2. He stated that the gravel pave 2 materials have been delayed due to the weather but anticipated the arrival by next week. He stated that beginning this weekend, the bid process for Phase 2 will start, which includes the pier, the boardwalk, portions of the trail, the gazebo and the picnic shelter. He stated that he hoped to award a contract in late February or early March for Phase 2.
Town Manager Layton stated that NCDOT had asked if the Town would enter into an agreement with them and VHB to do the work for the engineering associated with the Tuckahoe stormwater project. He stated that NCDOT would pay for the engineering but that it would be an interlocal agreement where the Town would be reimbursed for the costs. He felt it was the best way to go in order to get the engineering accomplished in a timely fashion. He stated that in November 2006, the proposal for the engineering was mailed to NCDOT and he had spoken with them to review clarification on some minor issues. He hoped that the engineering phase would be starting soon. He stated that the timeframe would be to have the engineering completed by November 2007 and have construction start in the January/February/March 2008 timeframe. He stated that NCDOT would be responsible for the construction and bidding.
Councilor Lindley asked if Tuckahoe had shown an interest in sharing the cost for the stormwater project. Town Manager Layton stated they haven’t. He stated that he hoped that once things were more firm, it would generate more discussion regarding mitigation efforts on their end.
Budget Amendments
Town Manager Layton stated that the budget amendment re-appropriates $75,000 into the Revenue Account and Expenditure Account to cover contracted costs for design, planning and permitting of the Municipal Property. It also transfers $12,000 from Contingency to Public Buildings to cover the costs associated with the asbestos abatement plans at the former Herron Family Restaurant building.
Councilor Smith moved to approve the budget amendments.
Motion carried 5-0.
Financial Statement for the Month of December 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 he had received a letter from International City County Management Association stating that Town Manager Layton had recently received the ICMA’s manager candidate credentialed manager candidate designation. He stated that Town Manager Layton is scheduled to become an ICMA credentialed manager in March 2007.
Council stated they were very proud of Town Manager Layton.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau asked if there was a figure of how much was spent for the recent beach clean up. Town Manager Layton stated he hadn’t received the invoice from Waste Management yet.
Councilor Caviness asked what the land transfer and occupancy tax situation was. Town Manager Layton stated he had discussed the issue with Mayor Morrison and felt it would be a Retreat item.
Councilor Lindley stated that he was struck at the Town’s holiday party at how the leadership of the Town had very nice things to say about staff.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the Retreat on Wednesday, January 23, 2007 and Thursday, January 24, 2007 at 9:00 a.m. at the Sanderling Inn.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:02 p.m.
____________________________
Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
Neil Morrison, Mayor