TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
March 7, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, March 7, 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, Town Attorney Donald I. McRee, Jr.; Police Lieutenant Phillip Ferguson; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Director of Community Development Suzanne Cotellessa; Police Chief Dale Hamilton.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison asked Ben Vorndran to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
Mayor Morrison stated that Director of Community Development Suzanne Cotellessa’s mother passed away earlier in the day. He stated that the agenda item that Director Cotellessa was to present would be tabled until the March 21, 2007 mid month meeting. It was consensus of Council to table the agenda item.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller stated that he had printed off the Town of Duck’s schedule of summer events. He stated it was awesome and thanked Council, Town Manager Layton and Kathy McCullough-Testa for putting the list together. He stated it was the kind of schedule one would find in areas like northern Virginia.
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 January 24 and 25, 2007 Council Retreat, the February 7, 2007 regular meeting and the February 21, 2007 mid month meeting. Mayor Morrison directed Council to review the minutes from the January 24 and 25, 2007 Retreat for changes.
Councilor Smith had one grammatical change to Page 6 of the minutes. Mayor Pro Tempore Thibodeau thanked Deputy Town Clerk Lori Kopec for the thoroughness of the minutes.
Councilor Lindley moved to approve the January 24 and 25, 2007 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the February 7, 2007 regular meeting for changes.
Councilor Lindley had a change to Page 3 of the minutes. Mayor Morrison also had a change to Page 3 of the minutes. He gave suggested language for the correction.
Councilor Smith moved to approve the February 7, 2007 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the February 21, 2007 mid month meeting for changes.
Mayor Morrison had a spelling change to Page 1 of the minutes. Councilor Smith stated that on Page 5 there was a sentence that reflected him asking a question. He stated that he did not ask the question and thought that Ben Vorndran had asked it. Ben Vorndran was recognized to speak. Mr. Vorndran stated he did not ask the question. Mayor Pro Tempore Thibodeau gave suggested language for the correction.
Mayor Morrison moved to approve the February 21, 2007 minutes as amended.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on the Build the Bridge, Preserve Our Road Committee
John Wander of 119 Sandcastle Court was recognized to speak. Mr. Wander gave a short update on the Build the Bridge activities to Council and the audience.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano asked if the Town would be faced with the widening of Duck Road if the bridge is built. John Wander stated that according to the North Carolina Department of Transportation, they were considered two (2) separate items. He stated that the building of the bridge would not mean there would or would not be a widening of Duck Road. He stated that he has heard that NCDOT has put away the discussion on widening the road.
Mayor Morrison thanked Mr. Wander for his update.
Discussion/Consideration of Resolution 07-02, a Resolution of the Town Council of the Town of Duck, North Carolina, Supporting the 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 December 2006 meeting, the issue was brought before them from the Outer Banks Transportation Task Force, asking for support of the initiative. He stated that the issue was deferred until after the February 15, 2007 symposium that the Task Force held. He stated that the resolution requests that NCDOT divide the current transportation planning authority that presently exists and set up another transportation planning organization that would encompass Dare County, Currituck County and the Elizabeth City areas. He stated that the smaller organization would readily focus on the different needs of the towns. He stated that the Town of Nags Head has already adopted the resolution.
Mayor Pro Tempore Thibodeau stated that the key issue was that Dare County has not had any type of comprehensive plan since 1973. She stated that the meetings that she has attended, there has been a call for the need for a transportation plan that everyone could embrace.
Town Manager Layton stated that the current organization has not invited any of the towns to their meetings due to the design of it – it is more of a county organization. He hoped that the new organization would allow for better planning.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 07-02 as presented.
Mayor Pro Tempore Thibodeau stated she would keep Council updated on the developments as she will be attending the meetings.
Motion carried 5-0.
Discussion/Consideration of Entering into a Reimbursable Agreement with NCDOT for Engineering related to Road Improvements along NC12, specifically with Stormwater Improvements at the Intersection of NC12 and West Tuckahoe Drive
Town Manager Layton stated that in order to properly execute the agreement with NCDOT, Council will have to adopt a resolution. He stated that the Town has been working for the past two (2) years in trying to work with NCDOT for the stormwater improvements at Tuckahoe. He stated that over the past year, the Town has been negotiating with NCDOT to get the funding, construction and engineering for the project. He stated that the agreement would allow the Town to contract for the design of the improvements at Tuckahoe with NCDOT reimbursing the Town for the cost. He stated that the construction of the plan would be required of NCDOT. He stated that the reimbursement agreement with NCDOT was for $174,000 and would work much like a grant program. He stated that the contract with VHB was only for $169,090. He stated that he did not anticipate any issues with the agreement with NCDOT.
Town Manager Layton stated he would like to have two (2) separate motions – one to approve Resolution 07-03, authorizing the execution of the agreement and one to approve the contract with VHB.
Mayor Pro Tempore Thibodeau asked if the Town has an engineered fix by next summer, how it would affect the temporary fix that is currently in place. Town Manager Layton stated that it is anticipated that the temporary fix would remain until the other work is completed and then the equipment will be removed. He stated that the lease on the property for the dry pond was for two (2) years with a one (1) year extension. He stated he would be sending a letter to the Tuckahoe Homeowner Association reminding them that they have a critical piece that they have to deal with in regard to the forty percent (40%) of the water that comes from Tuckahoe and to let them know of the fix.
Mayor Pro Tempore Thibodeau asked what the cost would be to take down the temporary fix. Town Manager Layton stated he did not know at this point. He guessed it would be approximately $10,000 - $15,000.
Councilor Lindley asked if this would be a new step in communicating with Tuckahoe. Town Manager Layton stated it would.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 07-03 as presented.
Motion carried 5-0.
Mayor Pro Tempore Thibodeau moved to approve the agreement for professional services between VHB and the Town of Duck in redesigning NC12 and Tuckahoe drainage improvements.
Motion carried 5-0.
Appointment to the Planning Board
Mayor Morrison stated that the Town received the resignation of Anne Darnall as a member of the Planning Board. He stated that her term would have expired on May 1, 2007. He stated that Council needed to appoint someone to take her place until May 1, 2007.
Mayor Morrison stated that several applications have been received including one from John Fricker. He stated that Mr. Fricker has been a property owner for the past eight (8) years, is a retired attorney and was interested in serving on the Planning Board.
Mayor Morrison nominated John Fricker for the position on the Planning Board. He asked for other nominations. There being none, he closed the time for nominations.
Mayor Morrison moved to appoint John Fricker to the Planning Board for a term expiring on May 1, 2007.
Motion carried 5-0.
Overview of Proposed Vegetation Ordinance and Recommendation to Hold a Public Hearing in April 2007
Mayor Morrison stated that the issue would be deferred to the Council’s mid month meeting on March 21, 2007 at 1:00 p.m.
NEW BUSINESS
Discussion/Consideration of Duck Road Addressing Project
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that the issue was discussed at Council’s Retreat in January. She stated that she has met with staff and the Fire Board and hoped to be able to go ahead with ordering the reflective signs for Duck Road. She stated that a letter would be going out detailing the process to the homeowners. She stated that most of the other towns have a reflective addressing program in place now. She stated that Duck Road would be used as a demonstration project – the signs would be put up free of charge on an existing mailbox for a residence or existing sign for a commercial property.
Fire Chief Black stated that a letter would be sent out to the homeowners letting them know about the project. The Duck Volunteer Fire Department would be working with homeowner associations to agree to do their whole subdivisions as a group. She stated that the signs would be at cost to the Town but she and Hayden Poulin would put the reflective numbers on them as well as putting the signs up on Duck Road. She felt it was a great program for the Town.
John Wander asked if individual homeowners could purchase the signs. Fire Chief Black stated that the order form will be on both the Town’s and the Fire Department’s websites in a few weeks so homeowners could purchase the signs. Town Manager Layton stated that the project would also be put in the Town’s newsletter.
Councilor Smith asked if the Duck Road homeowners have been notified of the project. Fire Chief Black stated that if Council approves the project, letters will be going out to the homeowners.
Councilor Lindley moved to authorize staff to proceed with the Duck Road addressing project.
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 Building Permit, Police Department and Fire Department activities to Council.
Town Manager Layton stated that Police Officer Donna Greene has resigned to be closer to her family. He stated that Tracy Mann will be starting on March 19, 2007 as the Town’s newest police officer. Lieutenant Phillip Ferguson was recognized to speak. Lieutenant Ferguson gave a short background on Ms. Mann to Council and the audience. He showed Council the Police Department’s new police shield that has five (5) ducks – four (4) in flight and one (1) in a pond to signify the upcoming five (5) year anniversary of the Town.
Councilor Lindley asked if the new officer would continue the SORIN program. Lieutenant Ferguson stated she would. He stated that Sergeant Jeff Deringer is also instrumental in the development of the program.
Councilor Smith asked when the last time there was a month without a single Rescue 11 call. Fire Chief Black didn’t think there has ever been a month without a Rescue 11 call but the Fire Department has gone approximately three (3) weeks without any calls.
Update on Implementation of the Municipal Property Master Plan
Town Manager Layton stated that he anticipates approval from DWQ by the end of next week for the permit. He stated bids for Phase II of the Municipal Property project were due on Monday, March 5, 2007. He stated that the project was re-bid because the first set of bids was not in the budget range he needed them to be in. He stated that he received six (6) bids ranging from $490,628 to $671,150. He stated that he is waiting for a means and methods report from the low bidder and anticipating that it will be acceptable, he will finalize a contract to bring to Council at their April meeting. He stated that it was an interesting process but felt good about the low bidder and the work they are capable of doing. He stated that the low bidder was OPM Incorporated.
Town Manager Layton stated that he ordered the playground equipment for the park. He stated that pretty much everything is completed. He stated that a vegetative buffer will be added behind the cemetery fence to keep people from making their own path. Mayor Morrison stated it would also prevent children from running from the playground and out onto the road.
Councilor Smith asked if the surface material and playground equipment would be showing up at the same time as a total package. Town Manager Layton stated they would. Councilor Smith asked when the playground would be opened. Town Manager Layton thought it would be by the time the Town celebrates its five (5) year anniversary.
Update on Investments
Town Manager Layton stated that as Town Manager and Finance Officer, he has the statutory authority to invest in the Town’s money under a policy adopted by Council. He stated that the Town’s investments are limited to the North Carolina Capital Management Trust Fund, which gets transferred to an operating account that comes out when the Town needs it. He stated that the Trust Fund was averaging in the 1.5% range a month, however, over the past year it has gotten very competitive. He stated that after talking to the people at the Trust Fund and RBC Centura Bank, he proposed investing $500,000 of the Fund Balance. He stated he would have two (2) $250,000 CDs with one (1) as a three (3) month CD and one (1) as a six (6) month CD to protect the Town from the loss of interest revenue. He stated that, without objection from Council, he would like to proceed with working with RBC Centura.
Mayor Morrison thought it was an excellent idea. He asked what the six (6) month CDs were yielding. Town Manager Layton stated that he wasn’t sure but believed that they have been yielding over five percent (5%) for the past year.
Mayor Pro Tempore Thibodeau asked if the $500,000 would be coming out of the operating budget. Town Manager Layton stated it would come out of the North Carolina Management Trust and be put into CDs. Mayor Pro Tempore Thibodeau clarified that most of the money has been kept in the Management Trust Fund. Town Manager Layton stated she was correct.
Update on Bulk Waste Pick Up
Town Manager Layton stated that the spring bulk waste pick up has been scheduled for Friday, April 13, 2007. He stated that it would be advertised extensively.
Budget Amendments
Town Manager Layton stated that the budget amendment appropriates the $174,000 in NCDOT funding for the stormwater project into the Town’s existing project.
Mayor Morrison asked if the budget amendment should still be for $174,000 even though the cost would be lower. Town Manager Layton stated it should.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment as presented.
Motion carried 5-0.
Financial Statement for the Month of February 2007
Town Manager Layton reviewed the financial report on revenues and expenditures with Council.
MAYOR’S AGENDA
Mayor Morrison stated that Council will have a mid month meeting on Wednesday, March 21, 2007 at 1:00 p.m. He stated that he will be out of the country for that meeting as well as the April 4, 2007 meeting. He stated that Mayor Pro Tempore Thibodeau will be chairing the meetings in his absence.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that she has been attending the transportation meetings, including the one that was discussed earlier in the meeting. She stated that the meetings have been very interesting and that she would keep Council updated on their activities.
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated that John Fricker would be an excellent addition to the Planning Board. He suggested discussing a more formal approach to finding and bringing new members to the various boards.
Councilor Smith stated that the Government Access Channel had their new budget that needs to be approved by all the municipalities in Dare County. He stated that the $1,000 annual fee also needed to be approved. He stated that the Channel wishes that the towns would use the channel more than they already do.
Mayor Pro Tempore Thibodeau asked for suggestions as to what the Government Access Channel would like to see in regard to towns using the channel more. Councilor Smith stated that the Town of Nags Head has been using the channel extensively in regard to beach nourishment. He stated that the channel would not want political issues on it. Mayor Pro Tempore Thibodeau thought that the park programs would be good. Councilor Smith agreed.
Councilor Smith moved to approve the Government Access Channel budget for 2007-2008 in the amount of $8,500 and the $1,000 annual user fee as presented.
Motion carried 5-0.
OTHER BUSINESS
Mayor Morrison asked Councilor Lindley if he would like to come back to Council with a specific proposal on his earlier suggestion for recommending appointments to the various boards. Councilor Lindley stated he would be delighted to do so.
There being no further business to discuss, Mayor Morrison moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:28 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: April 4, 2007
_______________________________
/s/ Neil Morrison, Mayor