TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
April 4, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, April 4, 2007.
COUNCIL MEMBERS PRESENT: Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
Council Members ABSENT: Mayor Neil Morrison.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Town Attorney Donald I. McRee, Jr.; Director of Community Development Suzanne Cotellessa; Police Chief Dale Hamilton; Police Lieutenant Phillip Ferguson; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Pro Tempore Thibodeau called the meeting to order at 7:03 p.m. Mayor Pro Tempore Thibodeau asked Fire Chief Donna Black to lead the Pledge of Allegiance. Mayor Pro Tempore Thibodeau led the moment of silence.
Police Lieutenant Phillip Ferguson was recognized to speak. Lieutenant Ferguson introduced Officer Tracy Mann to Council and the audience as the Town’s newest police officer. He went on to give a short background on Officer Mann.
Mayor Pro Tempore Thibodeau and Council welcomed Officer Mann to the Town.
PUBLIC COMMENTS
Mayor Pro Tempore Thibodeau opened the floor for public comments. She asked that all comments in regard to the Public Hearing be held off.
Nick Vercauteren of 124 Dune Road was recognized to speak. Mr. Vercauteren stated that he would like the Planning Board to consider allowing contractors and owners to get a permit to do small repairs on their homes without having to obtain a survey. He stated that adding the survey fee to the cost of the permit was burdensome for a small repair.
There being no one else wishing to speak, Mayor Pro Tempore Thibodeau closed the time for public comments.
APPROVAL OF MINUTES
Mayor Pro Tempore Thibodeau opened the approval of minutes from the March 7, 2007 regular meeting and the March 21, 2007 mid month meeting. Mayor Pro Tempore Thibodeau directed Council to review the minutes from the March 7, 2007 regular meeting for changes.
Councilor Lindley moved to approve the March 7, 2007 minutes as presented.
Motion carried 4-0.
Mayor Pro Tempore Thibodeau directed Council to review the minutes from the March 21, 2007 mid month meeting for changes.
Councilor Caviness moved to approve the March 21, 2007 minutes as presented.
Motion carried 4-0.
PUBLIC HEARING
Public Hearing/Discussion/Consideration of Ordinance No. 07-05, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, Regarding Tree and Vegetation Preservation and Planting
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that this is the third (3rd) meeting which the Town Council has looked at the ordinance and that the Planning Board held approximately five (5) meetings to discuss the issue. She gave a brief overview to Council and the audience on the ordinance.
Mayor Pro Tempore Thibodeau opened the public hearing for Ordinance 07-05. She asked for public comments.
Willo Kelly of the Outer Banks Homebuilders Association was recognized to speak. Ms. Kelly stated that the proposed ordinance has been watered down from the original one. She stated that the Homebuilders Association had contacted the North Carolina Regulatory Affairs regarding the ordinance and found that they felt the Town of Duck needed statute authority to be able to impose the ordinance. She stated that she wished to receive clarification if Duck needed statute authority to adopt the ordinance. She stated that she would like to have a discussion with the Council and the builders regarding implementation of the ordinance. She stated that the ordinance started out as an idea to address large homes. She stated that there was discussion that the ordinance was needed to have homes in Duck look like the Sanderling subdivision. She didn’t think anyone had an issue with landscaping in Town, but the ordinance spoke to requiring irrigation and identifying specific trees for preservation. She stated that when it comes to personal property rights, there will always be an issue with regard to regulations. She suggested Council continue the public hearing until the next meeting. She asked that Council not take any action and meet with the homebuilders before the ordinance is passed.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated that he had problems with the ordinance. He didn’t think it was what the people who voted for incorporation of Duck were thinking about. He stated that the Town has accomplished a lot in a short period of time but felt the ordinance was too bureaucratic and had holes in it. He stated that before people settled in Duck, there were no trees. He stated that he was dead set against clear cutting a lot and was in favor of a clear cutting regulation. He thought there were practical problems by telling people what they can plant. He noted that not too many things grow in the area and no matter how much is planted; a lot of vegetation won’t survive. He stated that the practical problems cannot be solved with regulations.
Nick Vercauteren of 124 Dune Road was recognized to speak. Mr. Vercauteren stated that he had read the regulations earlier in the day and found several issues that he wanted to bring forward. He stated that the ordinance was too long, specific, administratively heavy and was a complicated piece of code. He stated that the ordinance listed ten (10) criteria to cut down a tree, with eight (8) hoops to jump through for a vegetation management plan that are vague. He stated that the ordinance will be a burden on the Town to administer to the homeowners. He stated that the vegetation management plan would be too costly for homeowners. He mentioned several areas in Town that do not have trees, such as the Duck Research Pier, Colony By the Sea and Schooner Ridge subdivisions and stated that trees are not indigenous to those areas. He stated that trees will end up being planted in areas where they do not belong. He stated that the most valuable part of his property was that he could see both the ocean and the sound and by planting trees, sight lines will be destroyed. He then handed out a site plan to Council to illustrate how trees will impact and not fit on the property.
Russ Lay of 409 Raceview Court, Nags Head was recognized to speak. Mr. Lay stated that he is on the board for the Outer Banks Homebuilders Association. He stated that he is also on the Board of Adjustment for another town. He discussed with Council about a hearing he was part of where a homeowner could not get certain trees planted on his property and the town had fined him. He thought the more a town tries to dictate what vegetation to plant, the more convoluted the rules become. He agreed with the previous speakers that a lot of the trees are not native to the area. He asked Council to consider allowing vegetation that is native to the area and not species that won’t survive. He asked Council to consider re-thinking the ordinance.
Olin Finch of 116 Sandy Ridge Road was recognized to speak. Mr. Finch stated he was in favor of the ordinance but had questions and problems with implementing it. He felt that Council was not ready to adopt the ordinance. He stated that he wasn’t sure if the homeowner, general contractor or subcontractor was responsible for obtaining the permits. He asked who was responsible and what the definition of “person” was. He stated that he wasn’t comfortable with the fines as they could add up very quickly and were expensive. He asked if he could have an answer on who was responsible for obtaining the permits.
Frank Gattis of 112 North Snow Geese Drive was recognized to speak. Mr. Gattis stated that he was concerned with the ordinance with respect to line of sight. He stated that he did not see any regulations in the ordinance regarding line of sight and how homeowners will be protected. He stated that the Town does not need to have trees that are extremely tall and block views. He thought there should be something in the ordinance that states that only small trees should be planted.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that when the Planning Board was assigned to look into the ordinance, they looked into a few things, such as stormwater runoff, which no one had addressed. He stated that they were looking at not limiting the size of a home. He stated that if a homeowner adds vegetation, it gives the perception of a smaller home. He stated that the Planning Board did not have any idea that they would control the size of a house with vegetation. He stated that he had heard a lot of comments regarding trees. He stated that if the speakers looked at the ordinance, they would see that it doesn’t state that homeowners have to plant trees. He stated that vegetation could be planted if trees are not preferred. He stated that the number one thing the Planning Board was dealing with was stormwater runoff. He stated that by planting some sort of vegetation on a lot, it helps with the runoff problem. He stated that no one was discussing putting up certain types of trees and that homeowners could plant vegetation if they don’t want to plant trees.
There being no one else wishing to speak, Mayor Pro Tempore Thibodeau closed the public hearing.
Mayor Pro Tempore Thibodeau opened the floor to Council for discussion.
Councilor Caviness asked Town Attorney Ike McRee if he would answer some of the questions that were asked earlier in the public hearing.
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that one of the comments was whether the Town has the authority to enact certain regulations regarding vegetation. He stated that in his opinion, the Town does have the authority and has always had the authority. He stated that many towns have adopted regulations with regard to vegetation. He noted a statute in the General Statutes that allows towns to impose regulations with regard to vegetation and reviewed it with Council and the audience.
Town Attorney McRee stated that with regard to the question that Olin Finch asked, if the ordinance is adopted it would become part of the Town’s zoning ordinance with a definition section that defines “person”.
Councilor Smith stated that he appreciated Ron Forlano’s comments. He stated that he did not remember Council discussing masking large homes with shrubs or trees. He stated that he liked the Sanderling subdivision, but didn’t think Council wanted the whole Town to look like it. He stated that there was a comment that the Town should meet with the builders. He pointed out that the issue came up at the Retreat in January and has been discussed at the Planning Board level before that. He stated that a number of members of the audience have been in attendance at those meetings. He stated that this regulation does not prevent clear cutting, however, if a lot is clear cut, the homeowner would have to come back and put in vegetation. He stated that the main reason for the ordinance was stormwater management. He stated that bushes or trees help with the stormwater issue. He stated that implementation was brought up, but pointed out that the ordinance was watered down as well as being as flexible as possible without getting into a gray area. He noted that Olin Finch brought up good points but that the fines would not be exuberant as the Town is not big on fining people and would rather educate them. Councilor Smith stated that most of the lots in Duck have sparse amounts of trees on them. He stated that people have the right to plant trees if they want to.
Councilor Caviness stated that there seemed to be a lot of comments about irrigation and having to plant trees. She stated that nowhere in the ordinance does it state that a homeowner has to plant a particular type of tree; that a tree of any height has to be planted; and that irrigation was required. She thought that it had been established many times why irrigation is of concern and that it was not a requirement in the ordinance. She stated that there were comments about sight lines. She stated that there have been instances where a property owner has entered another property to cut trees that were affecting their sight line. She stated that this is not something that is allowed. She echoed Ron Forlano and Councilor Smith’s comments that the reason Council is considering the ordinance is to look at ways to find balance of the natural resources in Town. She pointed out that the issue is not something that can be ignored. She stated that people may think the ordinance was heavy-handed but there weren’t any comments regarding the purpose of it.
Councilor Lindley asked if Olin Finch’s question was answered with regard to who is responsible for obtaining a permit. Mayor Pro Tempore Thibodeau asked if Director Cotellessa looked up the definition of “person”. Director Cotellessa stated that “person” was not defined in the ordinance, but in her experience, zoning regulations apply to the land and the property owners are the ones with stewardship of the land. She stated that if the property owner takes down or hires someone to take down trees, it would fall back to the property owner. Town Attorney McRee stated that “person” could include the contractor or the agent hired by the property owner that takes down the tree. Director Cotellessa stated that if there is a violation, the Town has a responsibility to notify the property owner. She stated that they generally notify the property owner and the contractor in regard to a violation. Then a discussion ensues with the contractor and owner. She stated that it has been written in the Town’s newsletters that if there is anything happening on a property, to make sure it’s allowable.
Councilor Lindley asked what the cost was for a violation and if it was established in the ordinance. Director Cotellessa stated that the zoning ordinance establishes that a person may be charged up to $500 per day per individual occurrence of a violation. She stated that the last thing the Town is interested in doing is fining people for violations of the zoning ordinance. She stated that the Town’s job is to educate the public and she has taken the process of notifying people formally of any violations by calling them, emailing them and doing everything possible to ensure compliance of an ordinance. She stated that they have been doing this for almost five (5) years and there have not been any fines levied for any zoning violations. Town Manager Layton stated that the Town has issued notices of violations but have not fined anyone. Director Cotellessa agreed and stated that in most cases, compliance was gained. She stated that fines have to be put in the ordinances as it is prescribed by State statute.
Councilor Lindley pointed out that vegetation is considered a filter and affects the quality of the water in the Sound.
Mayor Pro Tempore Thibodeau thanked Council for their comments. She agreed that the Town has been working on the ordinance for a long time, but added that it has been changed as it was discussed. She thought the comments from the public were helpful. She stated that the ordinance has gone through an iterative process with Council feeling it was heavy handed and directing the Planning Board to look at it again. She stated that it has been watered down and is easier to understand but felt there were still gray areas in it, such as the tree management plan. She asked if a person owns an undeveloped lot, would they be required to obtain a tree removal permit for each tree that is to be removed. Director Cotellessa stated that when a lot is about to be developed, the homeowner would look at the existing vegetation and layout of what is there, what is proposed to be removed and retained. She stated that the homeowner could remove all vegetation with a proposal of what they would replant. She stated the plan makes the homeowner take into account what is on the lot, what is to be saved, what the owner chooses to save – even if the vegetation is dead – as well as where the septic and home will be.
Mayor Pro Tempore Thibodeau asked if the Town would hand something out to the homeowners or builders with regard to trees that are to be saved or would orange fencing be put up around vegetation that should be saved. Director Cotellessa thought the orange fencing would make sense to show what vegetation would be protected. Mayor Pro Tempore Thibodeau pointed out that the ordinance states that “professional assistance is encouraged”. She asked if a homeowner could do a vegetation management plan on their own without needing a professional. Director Cotellessa stated that a homeowner could. She stated that the ordinance has an appendix that lists species native to the area to help homeowners with appropriate planting. She stated that the Town is not looking for a heavily required landscape architecture drawing from homeowners. She stated that she mentioned to the Planning Board that not everything that is planted will survive and not everything that is meant to be retained will survive. She stated that the ordinance is not perfect or heavy-handed, but is meant to establish a certain amount of vegetation in a flexible way. She noted that every lot will be different, so there will be gray areas.
Mayor Pro Tempore Thibodeau asked if the Town will be using the Dare County aerial photographs to see vegetation on lots or would Duck take their own photographs. Director Cotellessa stated that Dare County takes photographs regularly, but the Town will be taking photographs as well. Town Manager Layton stated that the Town is doing low level aerial photography for the Tuckahoe stormwater project as well as for the length of the Village for the boardwalk project.
Mayor Pro Tempore Thibodeau asked for an explanation on Page 5 with regard to canopies where it states: “The area of the vegetative canopy cover for which credit is given shall always remain in vegetative cover and there shall be no other use of the area other than for vegetation growth or passive recreation…” Director Cotellessa stated that it meant that a homeowner could not pour a driveway underneath it as it may damage the roots.
Mayor Pro Tempore Thibodeau asked if irrigation would only apply to new homeowners and not existing ones. Director Cotellessa stated that she envisions doing an education campaign for homeowners with existing irrigation to encourage them to use irrigation systems. Mayor Pro Tempore Thibodeau asked if a homeowner would need a new survey with the tree management plan. Director Cotellessa stated that she did not expect homeowners to obtain a new survey. She stated that a survey that shows boundaries would be adequate.
Mayor Pro Tempore Thibodeau thanked Director Cotellessa for answering her questions. She stated that she felt the implementation will be a challenge and was concerned with the amount of time it will take staff to deal with the issue and would hate to have to hire a new employee to manage vegetation. She stated that she didn’t know how Council could assure the public that the ordinance will not be heavy-handed.
Councilor Caviness stated that anytime Council has enacted any type of ordinance that was considered a change, there have always been more than enough opportunities for public input and discussion. She stated that she couldn’t imagine the Town straying from doing that as it has been the Town’s history to help educate the public. Mayor Pro Tempore Thibodeau agreed and stated that ordinances are a lot to take in. She stated that the Planning Board has given the issue a lot of thought but felt there should be more tightening up of the ordinance. She stated that she didn’t want it to be too narrowly interpreted.
Mayor Pro Tempore Thibodeau stated that she had contemplated tabling the vote on the ordinance until Mayor Morrison returned, but did not hear any objections to the ordinance from him.
Mayor Pro Tempore Thibodeau moved to table voting on Ordinance 07-05 until Mayor Morrison returns as well as having more questions answered.
Town Manager Layton stated it would be helpful if Council would let staff know what questions needed to be answered. Mayor Pro Tempore Thibodeau asked if the questions had to be brought forward at this point. Town Manager Layton stated that the expectation would be to come back with the questions answered. Mayor Pro Tempore Thibodeau asked if staff would be working on the questions. Town Manager Layton stated it would be what Council directs. Town Attorney McRee suggested Council vote on whether or not to table the ordinance and if it goes forward, then defining the questions.
Motion failed 2-2 with Councilor Caviness and Councilor Smith dissenting.
Town Manager Layton suggested that Council either revisit the motion or have a different one if they wished to vote again.
Councilor Smith stated he agreed with some of Mayor Pro Tempore Thibodeau’s comments but he also had a lot of faith in staff and the lengths they go to to remain fair and balanced with the wishes of Council. He stated that he had faith that the ordinance was not created to be a pain to builders. He stated that there are not builders on the beach that would say vegetation is bad. He stated that vegetation is needed to hold the sand in place. He stated that something needs to be done to address the stormwater issues. He stated that there will be comments about the ordinance but felt that Director Cotellessa would realize if there are problems she would bring it back to Council and the Planning Board. He stated that the ordinance is a good step in the right direction. He pointed out that Duck is not the only town that is looking at the issue. He thought that delaying the ordinance would be wrong.
Councilor Lindley stated that Councilor Smith’s comments were very persuasive. He stated that the ordinance is a living document that can be changed. He stated that a lot of time has been spent on it and felt it should be passed.
Councilor Lindley moved to approve Ordinance 07-05 as presented.
Mayor Pro Tempore Thibodeau reiterated that the ordinance has had a lot of thought, and she appreciated the input received on it. She thought that it still needed more input from the public as well as questions answered before it’s passed. She stated that she had hoped to get it where people would be behind it and understand it before it gets passed. She stated that she wanted more discussion and public input on the issue.
Motion passed 3-1 with Mayor Pro Tempore Thibodeau dissenting. Town Attorney McRee pointed out that an ordinance on its first reading must pass by 2/3 votes of the Council (4 votes in the affirmative). He stated that it did pass by a 3-1 vote but must come back for a second reading at which time it can pass by simple majority. Mayor Pro Tempore Thibodeau asked if it would require another public hearing. Town Attorney McRee stated it wouldn’t. Mayor Pro Tempore Thibodeau stated that another vote will be taken on the ordinance at the May 2, 2007 meeting.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on Duck Road Addressing Project
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that the templates are in and the project has started. She stated that the signs blend in nicely with the surroundings. She stated that she and Hayden Poulin are putting them up and are halfway through Town. She stated that once Duck Road is completed, she will be contacting the homeowner associations to join in on the project.
NEW BUSINESS
Discussion/Consideration of Authorizing the Mayor to Execute an Interlocal Agreement for Hurricane/Debris Removal
Town Manager Layton stated that the item comes before Council annually. He stated that Dare County enters into an agreement with a firm to provide debris cleanup for the entire county. He stated that typically the Town handles debris removal by entering into two (2) contracts – one with a local vendor for smaller storms and the other with the County on an as-needed basis for larger storm debris. He stated that it meets FEMA requirements for reimbursement and recommended entering into the agreement. He stated that the Town usually bids for smaller debris removal with the Town of Nags Head and will be doing so again this year.
Councilor Caviness moved to authorize the Mayor to execute an interlocal agreement for hurricane/debris removal.
Motion carried 4-0.
Discussion/Consideration of Authorizing the Town Manager to Execute a Contract with OPM Construction, Inc. for Phase II of the Municipal Property Master Plan
Town Manager Layton stated that he has been working on the bid process for Phase II of the Master Plan. He stated that with receiving the Division of Water Quality permit, the Town is now closer to starting construction. He stated that the CAMA permit should be received before May 1, 2007. He stated that the project was bidded out twice with the first bids rejected because they were over budget. He stated that the second bids were more in line, with the Town receiving six (6) bids ranging from $490,628 to $671,150. He stated that after discussing means and methods and the project with the low bidder, he and VHB felt comfortable going with the low bid on the project. He recommended Council authorize him to execute the contract with OPM Construction, Inc. for Phase II. He stated that the funding will come from grant funds.
Councilor Lindley moved to authorize the Town Manager to execute a contract with OPM Construction, Inc. for Phase II of the Municipal Property Master Plan.
Motion carried 4-0.
Introduction/Discussion of a Proposed Ordinance Prohibiting the Parking of Vehicles on the Multi-Use Path or on the Shoulder of NC 12 within the Town of Duck
Town Manager Layton stated that the Town has been working on parking ordinances since incorporation and have addressed some of the shortcomings in the ordinances, such as parking on the multi-use path and motor vehicles on the path. He stated that one item that was overlooked was parking on the shoulder of NC 12. He stated that there have been significant issues with parking on the shoulder recently, specifically at Sunset Grill. He stated that the Town has taken the gentler approach by asking people to move their vehicles, but it has been met with mixed results. Because of that, it was realized that this issue was not part of the ordinance and should be added.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that most of the issues were from complaints or officer observations. He stated that the ordinance would now deal with the safety issue.
Mayor Pro Tempore Thibodeau asked if parking tickets would be given out if the ordinance is passed. Police Chief Hamilton stated that the police’s policy will remain the same.
Councilor Smith asked if citations were useful because of the tourist population. Police Chief Hamilton stated that one of the choices was to erect bollards in the areas of concern, but the more it was discussed, the more it was decided not to go in that direction. He stated that signage will be put up letting people know that parking is not allowed in those areas. Town Manager Layton stated that there were always issues with people whose businesses would be affected. He stated that by having the ordinance, it makes it clear to the businesses that it will not be allowed and that they will have to do their part to comply with the ordinance.
Mayor Pro Tempore Thibodeau asked if people are being told not to park on the shoulder of NC 12 in front of Sunset Grill. She asked if there was a better remedy. Police Chief Hamilton stated there wasn’t. He stated that the issue has raised concerns regarding over-crowding at the restaurant.
Councilor Smith asked where people are parking that is the problem. Police Chief Hamilton stated they are parking on the soundside lot as well as in the Barrier Island lot. But once the lots are full, cars will start parking on the shoulder in that area.
Councilor Caviness pointed out that there is a bad area in the Carolina Dunes subdivision where it’s hard for a fire truck to get through because of the cars parked on the shoulder. She stated that vehicles parking on the multi-use path have to stop as it is destroying the path.
Town Manger Layton stated that there are frequent complaints with regard to homes being built on Duck Road and the road being lined with construction vehicles. He thought that citations would probably help to dissuade repeat situations on Duck Road.
Mayor Pro Tempore Thibodeau asked if “No Parking” signs would be put up all through Town on Duck Road. Police Chief Hamilton stated that it has been an ongoing conversation. He stated that he doesn’t want to place signs up and down Duck Road, but thought there would be places where signs would be needed, such as by Sunset Grill.
Town Manager Layton stated that Council did not have to vote on the ordinance at this time. He stated that if Council was comfortable with it, he would bring it back to the May 2, 2007 meeting for adoption.
Introduction/Discussion of Proposed Park Usage Policies
Town Manager Layton stated that the Town is at the point where it needs to start thinking about uses for the park. He stated that items such as hours of operation for the park needed to be addressed. He stated that the Municipal Property Advisory Committee had discussed park policies several times and were ready to share them with Council with the idea that it is the first draft for Council to consider. He stated that Council can discuss the policies and suggested having rules in place prior to the canoe/kayak launch opening.
Councilor Caviness asked if the Committee wanted feedback from Council or were they just presenting the policies for discussion at another meeting. Town Manager Layton stated that the Committee is leaving it up to Council on how to deal with it. He stated that if Council has something substantive that they need to review, it can be brought back.
Mayor Pro Tempore Thibodeau asked if Council wanted to add anything to the policies.
Councilor Lindley felt the policies were very comprehensive.
Town Manager Layton noted that the approach to the policies was to be less restrictive instead of more restrictive. He stated that the activities that were strictly prohibited were ones that were of no controversy to the Committee.
Councilor Smith asked where the policies would be posted at the Park. Town Manager Layton stated that once the policies are adopted, a more succinct version will be posted near the pier or in the parking area.
Councilor Caviness stated that she would want clarification on the item regarding special events. She stated that she has a personal interest and would like to see the Park as being a spot for a starting or ending point for events that may not necessarily be Town events. She stated that it wouldn’t be during the height of the season, but was not happy with it stating that no other events besides Town events are allowed. She stated that she envisions having a community event that would not be Town sponsored. Town Manager Layton stated that it could be clarified, but he envisioned that the policies would allow the Town Manager to waive the policies under certain circumstances.
Councilor Smith asked if there could be a clarification on the rule regarding weddings and small gatherings. Town Manager Layton stated he would put some clarification in the policies. Fire Chief Black suggested removing the word “weddings” and just having it read “small gatherings”. Town Manager Layton thought it could be broken into two (2) policies instead of having it as one.
Town Manager Layton stated he would rework some of the policies and bring it back to the May 2, 2007 meeting for further discussion and consideration.
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 Police Department and Fire Department activities to Council. He stated that the building permit activities were not available and would be put in Council’s boxes.
Councilor Smith asked what the policy was for false alarms. Fire Chief Black stated that if the alarm is going off because it’s faulty, then it is considered a false alarm, but if it’s going off because it is cooking related, it would be considered a true alarm. She stated that if it is a continual false alarm without reason, the false alarm ordinance can address it. Police Chief Hamilton stated that they are making some modifications to the ordinance as there are some issues that need to be addressed. He stated that fines were issued if an alarm went off three (3) times within a thirty (30) day period. He stated that the fine will be increased with the false alarm going from thirty days to ninety (90) days.
Update on NCLM Town Hall Day
Town Manager Layton stated that Town Hall Day is May 9, 2007 and his preference was to take a year off from it. He stated that if Council wished to go, to let him know.
Mayor Pro Tempore Thibodeau stated that past Town Hall Days have been very beneficial. She asked if a letter could be sent to Senator Basnight and Representative Spear that Council could not make it. Town Manager Layton stated he would draft a letter for Mayor Morrison’s signature.
Financial Statement for the Month of March 2007
Town Manager Layton reviewed the financial report on revenues and expenditures with Council.
Mayor Pro Tempore Thibodeau asked when the first budget worksession would be. Town Manager Layton stated that he expected to introduce the budget at the April 18, 2007 meeting and from there work sessions can be established.
MAYOR’S AGENDA
Mayor Pro Tempore Thibodeau stated she had nothing to report.
COUNCIL MEMBERS’ AGENDA
Councilor Lindley stated he had nothing to report.
Councilor Caviness thanked the Planning Board and staff for working so hard on the vegetation ordinance. She stated that it is frustrating when people come out at the last minute to dispute something that has been discussed for months and months.
Councilor Smith agreed with Councilor Caviness’ comments.
Mayor Pro Tempore Thibodeau stated that she was happy with the public input earlier in the meeting. She stated that she was appreciative of everyone getting involved as it is helpful. She stated that she will be attending another Transportation Task Force meeting and will keep Council posted on their activities.
OTHER BUSINESS
The was no other business to discuss.
There being no further business to discuss, Mayor Pro Tempore Thibodeau moved to adjourn the meeting.
Motion carried 4-0.
The time was 9:35 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: May 2, 2007
_______________________________
/s/ Monica Thibodeau, Mayor Pro Tempore